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118S358
A bill for the relief of Cesar Carlos Silva Rodriguez.
[ [ "C001113", "Sen. Cortez Masto, Catherine [D-NV]", "sponsor" ] ]
Provides for the relief of Cesar Carlos Silva Rodriguez.
<html><body><pre>[Congressional Bills 118th Congress] [From the U.S. Government Publishing Office] [S. 358 Introduced in Senate (IS)] &lt;DOC&gt; 118th CONGRESS 1st Session S. 358 For the relief of Cesar Carlos Silva Rodriguez. _______________________________________________________________________ IN THE SENATE OF THE UNITED STATES February 9, 2023 Ms. Cortez Masto introduced the following bill; which was read twice and referred to the Committee on the Judiciary _______________________________________________________________________ A BILL For the relief of Cesar Carlos Silva Rodriguez. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. PERMANENT RESIDENT STATUS FOR CESAR CARLOS SILVA RODRIGUEZ. (a) In General.--Notwithstanding subsections (a) and (b) of section 201 of the Immigration and Nationality Act (8 U.S.C. 1151), Cesar Carlos Silva Rodriguez shall be eligible for the issuance of an immigrant visa or for adjustment of status to that of an alien lawfully admitted for permanent residence upon filing an application for issuance of an immigrant visa under section 204 of that Act (8 U.S.C. 1154) or for adjustment of status to lawful permanent resident. (b) Adjustment of Status.--If Cesar Carlos Silva Rodriguez enters the United States before the filing deadline specified in subsection (c), Cesar Carlos Silva Rodriguez shall be considered to have entered and remained lawfully and shall be eligible for adjustment of status under section 245 of the Immigration and Nationality Act (8 U.S.C. 1255) as of the date of the enactment of this Act. (c) Application and Payment of Fees.--Subsections (a) and (b) shall apply only if the application for issuance of immigrant visas or the application for adjustment of status are filed with appropriate fees within two years after the date of the enactment of this Act. (d) Reduction of Immigrant Visa Numbers.--Upon the granting of immigrant visas or permanent residence to Cesar Carlos Silva Rodriguez, the Secretary of State shall instruct the proper officer to reduce by one, during the current or next following fiscal year-- (1) the total number of immigrant visas that are made available to natives of the country of birth of Cesar Carlos Silva Rodriguez under section 203(a) of the Immigration and Nationality Act (8 U.S.C. 1153(a)); or (2) if applicable, the total number of immigrant visas that are made available to natives of the country of birth of Cesar Carlos Silva Rodriguez under section 202(e) of that Act (8 U.S.C. 1152(e)). (e) PAYGO.--The budgetary effects of this Act, for the purpose of complying with the Statutory Pay-As-You-Go Act of 2010, shall be determined by reference to the latest statement titled ``Budgetary Effects of PAYGO Legislation'' for this Act, submitted for printing in the Congressional Record by the Chairman of the Senate Budget Committee, provided that such statement has been submitted prior to the vote on passage. &lt;all&gt; </pre></body></html>
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118S359
Supreme Court Ethics, Recusal, and Transparency Act of 2023
[ [ "W000802", "Sen. Whitehouse, Sheldon [D-RI]", "sponsor" ], [ "B001277", "Sen. Blumenthal, Richard [D-CT]", "cosponsor" ], [ "M001176", "Sen. Merkley, Jeff [D-OR]", "cosponsor" ], [ "B001288", "Sen. Booker, Cory A. [D-NJ]", "cosponsor" ], [ "G000555", "Sen. Gillibrand, Kirsten E. [D-NY]", "cosponsor" ], [ "R000122", "Sen. Reed, Jack [D-RI]", "cosponsor" ], [ "F000062", "Sen. Feinstein, Dianne [D-CA]", "cosponsor" ], [ "W000805", "Sen. Warner, Mark R. [D-VA]", "cosponsor" ], [ "S000033", "Sen. Sanders, Bernard [I-VT]", "cosponsor" ], [ "M000133", "Sen. Markey, Edward J. [D-MA]", "cosponsor" ], [ "D000563", "Sen. Durbin, Richard J. [D-IL]", "cosponsor" ], [ "H001042", "Sen. Hirono, Mazie K. [D-HI]", "cosponsor" ], [ "V000128", "Sen. Van Hollen, Chris [D-MD]", "cosponsor" ], [ "W000800", "Sen. Welch, Peter [D-VT]", "cosponsor" ], [ "S001194", "Sen. Schatz, Brian [D-HI]", "cosponsor" ], [ "P000145", "Sen. Padilla, Alex [D-CA]", "cosponsor" ], [ "W000779", "Sen. Wyden, Ron [D-OR]", "cosponsor" ], [ "B001230", "Sen. Baldwin, Tammy [D-WI]", "cosponsor" ], [ "K000367", "Sen. Klobuchar, Amy [D-MN]", "cosponsor" ], [ "C000141", "Sen. Cardin, Benjamin L. [D-MD]", "cosponsor" ], [ "H001076", "Sen. Hassan, Margaret Wood [D-NH]", "cosponsor" ], [ "W000790", "Sen. Warnock, Raphael G. [D-GA]", "cosponsor" ] ]
<html><body><pre>[Congressional Bills 118th Congress] [From the U.S. Government Publishing Office] [S. 359 Introduced in Senate (IS)] &lt;DOC&gt; 118th CONGRESS 1st Session S. 359 To amend title 28, United States Code, to provide for a code of conduct for justices of the Supreme Court of the United States, and for other purposes. _______________________________________________________________________ IN THE SENATE OF THE UNITED STATES February 9, 2023 Mr. Whitehouse (for himself, Mr. Blumenthal, Mr. Merkley, Mr. Booker, Mrs. Gillibrand, Mr. Reed, Mrs. Feinstein, Mr. Warner, Mr. Sanders, Mr. Markey, Mr. Durbin, and Ms. Hirono) 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 provide for a code of conduct for justices of the Supreme Court 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 ``Supreme Court Ethics, Recusal, and Transparency Act of 2023''. SEC. 2. CODE OF CONDUCT FOR THE SUPREME COURT OF THE UNITED STATES. (a) In General.--Chapter 16 of title 28, United States Code, is amended by adding at the end the following: ``Sec. 365. Codes of conduct ``(a) Justices.--Not later than 180 days after the date of enactment of this section, the Supreme Court of the United States shall, after appropriate public notice and opportunity for comment in accordance with section 2071, issue a code of conduct for the justices of the Supreme Court. ``(b) Other Judges.--Not later than 180 days after the date of enactment of this section, the Judicial Conference of the United States shall, after appropriate public notice and opportunity for comment in accordance with section 2071, issue a code of conduct for the judges of the courts of appeals, the district courts (including bankruptcy judges and magistrate judges), and the Court of International Trade. ``(c) Modification.--The Supreme Court of the United States and the Judicial Conference may modify the applicable codes of conduct under this section after giving appropriate public notice and opportunity for comment in accordance with section 2071. ``Sec. 366. Public access to ethics rules ``The Supreme Court of the United States shall make available on its internet website, in a full-text, searchable, sortable, and downloadable format, copies of the code of conduct issued under section 365(a), any rules established by the Counselor to the Chief Justice under section 677 and any other related rules or resolutions, as determined by the Chief Justice of the United States, issued by the Counselor to the Chief Justice of the United States or agreed to by the justices of the Supreme Court. ``Sec. 367. Complaints against justices ``(a) Receipt of Complaints.--Not later than 180 days after the date of enactment of this section, the Supreme Court of the United States shall establish procedures, modeled after the procedures set forth in sections 351 through 364, under which individuals may file with the Court, or the Court may identify, complaints alleging that a justice of the Supreme Court-- ``(1) has violated-- ``(A) the code of conduct issued pursuant to section 365(a); ``(B) section 455; or ``(C) any other applicable provision of Federal law; or ``(2) has otherwise engaged in conduct that undermines the integrity of the Supreme Court of the United States. ``(b) Judicial Investigation Panel.-- ``(1) In general.--Upon receipt or identification of a complaint under subsection (a), the Supreme Court of the United States shall refer such complaint to a judicial investigation panel, which shall be composed of a panel of 5 judges selected randomly from among the chief judge of each circuit of the United States. ``(2) Duties.--The judicial investigation panel shall-- ``(A) review and, if appropriate as determined by the panel, investigate all complaints submitted to the panel using procedures established by the panel and modeled after the procedures set forth in sections 351 through 364; ``(B) present to the Supreme Court of the United States any findings and recommendations for necessary and appropriate action by the Supreme Court, including dismissal of the complaint, disciplinary actions, or changes to Supreme Court rules or procedures; ``(C) if the panel does not recommend dismissal of the complaint, not later than 30 days following the presentation of any findings and recommendations under this paragraph, publish a report containing such findings and recommendations; and ``(D) if the panel recommends dismissal of the complaint, the panel may publish any findings and recommendations if the panel determines that such publication would be in furtherance of the public interest. ``(3) Powers.--In conducting any investigation under this section, the judicial investigation panel may hold hearings, take sworn testimony, issue subpoenas ad testificandum and subpoenas duces tecum, and make necessary and appropriate orders in the exercise of its authority. ``(4) Access.--If the judicial investigation panel determines that a substantially similar complaint was previously submitted under section 351, but that such substantially similar complaint was dismissed for lack of authority to review or act upon such complaint, the panel shall have access to any information gathered pursuant to this chapter in relation to such substantially similar complaint. ``(5) Compensation.--The judicial investigation panel may appoint and fix the compensation of such staff as it deems necessary.''. (b) Technical and Conforming Amendment.--The table of sections for chapter 16 of title 28, United States Code, is amended by adding at the end the following: ``365. Codes of conduct. ``366. Public access to ethics rules. ``367. Complaints against justices.''. SEC. 3. MINIMUM GIFT, TRAVEL, AND INCOME DISCLOSURE STANDARDS FOR JUSTICES OF THE SUPREME COURT. Section 677 of title 28, United States Code, is amended by adding at the end the following: ``(d) The Counselor, with the approval of the Chief Justice, shall establish rules governing the disclosure of all gifts, income, or reimbursements, as those terms are defined in section 13101 of title 5, received by any justice and any law clerk to a justice. Such rules shall, at minimum, require disclosure of any information concerning gifts, income, and reimbursements required to be disclosed under the Standing Rules of the Senate and the Rules of the House of Representatives.''. SEC. 4. CIRCUMSTANCES REQUIRING DISQUALIFICATION. (a) Anticorruption Protections.--Subsection (b) of section 455 of title 28, United States Code, is amended by adding at the end the following: ``(6) Where the justice or judge knows that a party to the proceeding or an affiliate of a party to the proceeding made any lobbying contact, as defined in section 3 of the Lobbying Disclosure Act of 1995 (2 U.S.C. 1602), or spent substantial funds in support of the nomination, confirmation, or appointment of the justice or judge. ``(7) Where the justice or judge, their spouse, minor child, or a privately held entity owned by any such person received income, a gift, or reimbursement, as those terms are defined in section 13101 of title 5-- ``(A) from a party to the proceeding or an affiliate of a party to the proceeding; and ``(B) during the period beginning on the date that is 6 years before the date on which the justice or judge was assigned to the proceeding and ending on the date of final disposition of the proceeding.''. (b) Duty To Know.--Subsection (c) of section 455 of title 28, United States Code, is amended to read as follows: ``(c) A justice, judge, magistrate judge, or bankruptcy judge of the United States shall ascertain-- ``(1) the personal and fiduciary financial interests of the justice or judge; ``(2) the personal financial interests of the spouse and minor children residing in the household of the justice or judge; and ``(3) any interest of the persons described in paragraph (2) that could be substantially affected by the outcome of the proceeding.''. (c) Divestment.--Subsection (f) of section 455 of title 28, United States Code, is amended by inserting ``under subsection (b)(4)'' after ``disqualified''. (d) Duty To Notify.--Section 455 of title 28, United States Code, is amended by adding at the end the following: ``(g) If at any time a justice, judge, magistrate judge, or bankruptcy judge of the United States learns of a condition that could reasonably require disqualification under this section, the justice or judge shall immediately notify all parties to the proceeding.''. (e) Technical and Conforming Amendments.--Section 455 of title 28, United States Code, as amended by this section, is amended-- (1) in the section heading, by striking ``judge, or magistrate judge'' and inserting ``judge, magistrate judge, or bankruptcy judge''; (2) in subsection (a), by striking ``judge, or magistrate judge'' and inserting ``judge, magistrate judge, or bankruptcy judge''; (3) in subsection (b)-- (A) in paragraph (2), by striking ``the judge or such lawyer'' and inserting ``the justice, the judge, or such lawyer''; (B) in paragraph (5)(iii), by inserting ``justice or'' before ``judge''; and (C) in paragraph (5)(iv), by inserting ``justice's or'' before ``judge's''; (4) in subsection (c), by inserting ``justice or'' before ``judge''; (5) in subsection (d)(4)(i), by inserting ``justice or'' before ``judge''; and (6) in subsection (e), by striking ``judge, or magistrate judge'' and inserting ``judge, magistrate judge, or bankruptcy judge of the United States''. (f) Public Notice.--The rules of each court subject to section 455 of title 28, United States Code, as amended by this section, shall be amended to require that the clerk shall publish timely notice on the website of the court of-- (1) any matter in which a justice, judge, magistrate judge, or bankruptcy judge of the United States is disqualified under such section; (2) any matter in which the reviewing panel under section 1660 of title 28, United States Code, rules on a motion to disqualify; and (3) an explanation of each reason for the disqualification or ruling, which shall include a specific identification of each circumstance that resulted in such disqualification or ruling, but which shall not include any private or sensitive information deemed by a majority of the reviewing panel under section 1660 of title 28, United States Code, as added by section 5 of this Act, to be appropriate for redaction and unnecessary in order to provide the litigants and public a full understanding of the reasons for the disqualification or ruling. SEC. 5. REVIEW OF CERTIFIED DISQUALIFICATION MOTIONS. (a) In General.--Chapter 111 of title 28, United States Code, is amended by adding at the end the following: ``Sec. 1660. Review of certified motions to disqualify ``(a) Motion for Disqualification.--If a justice, judge, magistrate judge, or bankruptcy judge of the United States is required to be disqualified from a proceeding under any provision of Federal law, a party to the proceeding may file a timely motion for disqualification, accompanied by a certificate of good faith and an affidavit alleging facts sufficient to show that disqualification of the justice, judge, magistrate judge, or bankruptcy judge is so required. ``(b) Consideration of Motion.--A justice, judge, magistrate judge, or bankruptcy judge of the United States shall either grant or certify to a reviewing panel a timely motion filed pursuant to subsection (a) and stay the proceeding until a final determination is made with respect to the motion. ``(c) Reviewing Panel.-- ``(1) In general.--A reviewing panel to which a motion is certified under subsection (b) shall be composed of 3 judges selected at random from judges of the United States who do not sit on the same court-- ``(A) as the judge, magistrate judge, or bankruptcy judge who is the subject of the motion; or ``(B) as the other members of the reviewing panel. ``(2) Circuit limitation.--Not more than 1 member of the reviewing panel may be a judge of the same judicial circuit as the judge, magistrate judge, or bankruptcy judge who is the subject of the motion. ``(3) Participation.--The reviewing panel, prior to its final determination with respect to a motion filed under subsection (a), shall provide the judge, magistrate judge, or bankruptcy judge of the United States who is the subject of such motion an opportunity to provide in writing the views of the judge on the motion, including the explanation of the judge for not granting the motion. ``(d) Supreme Court Review.--The Supreme Court of the United States, not including the justice who is the subject of a motion seeking to disqualify a justice under subsection (a), shall be the reviewing panel for such motions.''. (b) Technical and Conforming Amendment.--The table of sections for chapter 111 of title 28, United States Code, is amended by adding at the end the following: ``1660. Review of certified motions to disqualify.''. SEC. 6. DISCLOSURE BY PARTIES AND AMICI. Not later than 1 year after the date of enactment of this Act, the Supreme Court of the United States shall prescribe rules of procedure in accordance with sections 2072 through 2074 of title 28, United States Code, requiring each party or amicus to list in the petition or brief of the party or amicus, as applicable, a description and value of-- (1) any gift, income, or reimbursement, as those terms are defined in section 13101 of title 5, United States Code, provided to any justice, during the period beginning 2 years prior to the commencement of the proceeding and ending on the date of final disposition of the proceeding, by-- (A) each such party, amicus, or affiliate of each such party or amicus; (B) the lawyers or law firms in the proceeding of each such party or amicus; and (C) the officers, directors, or employees of each such party or amicus; and (2) any lobbying contact or expenditure of substantial funds by any person described in subparagraphs (A), (B), and (C) of paragraph (1) in support of the nomination, confirmation, or appointment of a justice. SEC. 7. AMICUS DISCLOSURE. (a) In General.--Chapter 111 of title 28, United States Code, as amended by section 5, is amended by adding at the end the following: ``Sec. 1661. Disclosures related to amicus activities ``(a) Disclosure.-- ``(1) In general.--Any person that files an amicus brief in a court of the United States shall list in the amicus brief the name of any person who-- ``(A) contributed to the preparation or submission of the amicus brief; ``(B) contributed not less than 3 percent of the gross annual revenue of the amicus, or an affiliate of the amicus, for the previous calendar year if the amicus is not an individual; or ``(C) contributed more than $100,000 to the amicus, or an affiliate of the amicus, in the previous calendar year. ``(2) Exceptions.--The requirements of this subsection shall not apply to amounts received in commercial transactions in the ordinary course of any trade or business by the amicus, or an affiliate of the amicus, or in the form of investments (other than investments by the principal shareholder in a limited liability corporation) in an organization if the amounts are unrelated to the amicus filing activities of the amicus. ``(b) Audit.--The Director of the Administrative Office of the United States Courts shall conduct an annual audit to ensure compliance with this section.''. (b) Technical and Conforming Amendment.--The table of sections for chapter 111 of title 28, United States Code, as amended by section 5, is amended by adding at the end the following: ``1661. Disclosures related to amicus activities.''. SEC. 8. CONFLICTS RELATED TO AMICI CURIAE. (a) In General.--Except as provided in subsection (b), the Supreme Court of the United States and the Judicial Conference of the United States shall prescribe rules of procedure in accordance with sections 2072 through 2074 of title 28, United States Code, for prohibiting the filing of or striking an amicus brief that would result in the disqualification of a justice, judge, or magistrate judge. (b) Initial Transmittal.--The Supreme Court of the United States shall transmit to Congress-- (1) the proposed rules required under subsection (a) not later than 180 days after the date of enactment of this Act; and (2) any rules in addition to those transmitted under paragraph (1) pursuant to section 2074 of title 28, United States Code. SEC. 9. STUDIES AND REPORTS. (a) Studies.-- (1) In general.--Beginning on the date that is 180 days after the date of enactment of this Act, and every other year thereafter, the Director of the Federal Judicial Center shall conduct a study on the extent of compliance or noncompliance with the requirements of sections 144 and 455 of title 28, United States Code. (2) Additional time.--With respect to the first such study required to be submitted under paragraph (1), the requirements of that paragraph may be implemented after the date described in that paragraph if the Director of the Federal Judicial Center identifies in writing to the relevant committees of Congress the additional time needed for submission of the study. (3) Facilitation of studies.--The Director of the Federal Judicial Center shall maintain a record of each instance in which-- (A) a justice, judge, magistrate judge, or bankruptcy judge of the United States was not assigned to a case due to potential or actual conflicts; and (B) a justice, judge, magistrate judge, or bankruptcy judge of the United States disqualifies themselves after a case assignment is made. (b) Reports to Congress.--Not later than April 1 of each year following the completion of the study required under subsection (a), the Director of the Federal Judicial Center shall submit to Congress a report containing the findings of the study and any recommendations to improve compliance with sections 144 and 455 of title 28, United States Code. (c) GAO Review.--Not later than 1 year after the date on which the report is submitted under subsection (b), and every 5 years thereafter, the Comptroller General of the United States shall submit to Congress a report containing-- (1) an evaluation of the methodology and findings of the study required under subsection (a); and (2) the audit required under section 1661 of title 28, United States Code, as added by section 7 of this Act. &lt;all&gt; </pre></body></html>
[ "Law", "Congressional oversight", "Employee performance", "Government ethics and transparency, public corruption", "Government information and archives", "Government studies and investigations", "Judges", "Supreme Court" ]
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118S36
Agility in Manufacturing Preparedness Act of 2023
[ [ "R000595", "Sen. Rubio, Marco [R-FL]", "sponsor" ], [ "C001088", "Sen. Coons, Christopher A. [D-DE]", "cosponsor" ] ]
<p><strong>Agility in Manufacturing Preparedness Act of 2023</strong></p> <p>This bill requires the Department of Health and Human Services (HHS) to seek to contract with the National Institute for Innovation in Manufacturing Biopharmaceuticals to assess and make recommendations concerning U.S. capabilities for biopharmaceutical manufacturing and related matters. HHS must coordinate with the Biomedical Advanced Research and Development Authority on this contract.</p>
<html><body><pre>[Congressional Bills 118th Congress] [From the U.S. Government Publishing Office] [S. 36 Introduced in Senate (IS)] &lt;DOC&gt; 118th CONGRESS 1st Session S. 36 To review domestic biopharmaceutical manufacturing capabilities in order to improve public health and medical preparedness and response capabilities and domestic biopharmaceutical manufacturing capabilities. _______________________________________________________________________ IN THE SENATE OF THE UNITED STATES January 24 (legislative day, January 3), 2023 Mr. Rubio (for himself and Mr. Coons) introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions _______________________________________________________________________ A BILL To review domestic biopharmaceutical manufacturing capabilities in order to improve public health and medical preparedness and response capabilities and domestic biopharmaceutical manufacturing capabilities. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Agility in Manufacturing Preparedness Act of 2023''. SEC. 2. REVIEW OF DOMESTIC BIOPHARMACEUTICAL MANUFACTURING CAPABILITIES. (a) In General.--The Secretary of Health and Human Services (referred to in this section as the ``Secretary''), in cooperation with the Director of the Biomedical Advanced Research and Development Authority, shall seek to enter into an agreement with the National Institute for Innovation in Manufacturing Biopharmaceuticals to perform the services described in subsection (b). (b) Review and Recommendations.--Under an agreement described in subsection (a) between the Secretary, the Director of the Biomedical Advanced Research and Development Authority, and the National Institute for Innovation in Manufacturing Biopharmaceuticals, the National Institute for Innovation in Manufacturing Biopharmaceuticals shall-- (1) review current domestic biopharmaceutical manufacturing capacity at the Department of Health and Human Services and such department's adaptability to various threats; (2) draft recommendations for developing, demonstrating, deploying, and advancing new domestic biopharmaceutical manufacturing technologies that address gaps identified under paragraph (1) and align Federal technologies with technologies available to the private sector, including through the new BioMAP initiative of the Biomedical Advanced Research and Development Authority; and (3) identify other opportunities and priorities to improve the United States public health and medical preparedness and response capabilities and domestic biopharmaceutical manufacturing capabilities. &lt;all&gt; </pre></body></html>
[ "Health", "Government studies and investigations", "Manufacturing", "Medical research", "Prescription drugs", "Research administration and funding", "Technology assessment" ]
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118S360
Stop Higher Education Espionage and Theft Act of 2023
[ [ "C001098", "Sen. Cruz, Ted [R-TX]", "sponsor" ] ]
<p><b>Stop Higher Education Espionage and Theft Act of </b><strong></strong><b>2023</b></p> <p>This bill establishes a process for designating foreign actors as foreign intelligence threats to higher education.</p> <p>Specifically, the Federal Bureau of Investigation (FBI) must designate a foreign actor as a foreign intelligence threat to higher education if the foreign actor has committed, attempted to commit, or conspired to commit certain actions in connection with an institution of higher education (IHE), such as espionage, misuse of visas, or theft of trade secrets. Prior to making such a designation, the FBI must submit notice to Congress and the Department of Justice. </p> <p>Upon the designation of a foreign actor as a threat, the Department of State must revoke the nonimmigrant visa issued to the foreign actor present in the United States, and the Department of Homeland Security must initiate removal proceedings against the foreign actor. </p> <p>Additionally, the bill provides for judicial review and a process for revoking a foreign actor's designation as a threat.</p> <p>Finally, the bill also requires an IHE to disclose to the Department of Education any gift or contract with a foreign intelligence threat, including the fair market value of the gift or contract.</p>
<html><body><pre>[Congressional Bills 118th Congress] [From the U.S. Government Publishing Office] [S. 360 Introduced in Senate (IS)] &lt;DOC&gt; 118th CONGRESS 1st Session S. 360 To address foreign threats to higher education in the United States. _______________________________________________________________________ IN THE SENATE OF THE UNITED STATES February 9, 2023 Mr. Cruz introduced the following bill; which was read twice and referred to the Committee on the Judiciary _______________________________________________________________________ A BILL To address foreign threats to higher education in the United States. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Stop Higher Education Espionage and Theft Act of 2023''. SEC. 2. DESIGNATION OF FOREIGN INTELLIGENCE THREATS TO HIGHER EDUCATION. (a) In General.--Chapter 33 of title 28, United States Code, is amended by adding at the end the following: ``Sec. 540D. Designation of foreign intelligence threats to higher education ``(a) Definitions.--In this section-- ``(1) the term `classified information' has the meaning given that term in section 1(a) of the Classified Information Procedures Act (18 U.S.C. App.); ``(2) the term `Director' means the Director of the Federal Bureau of Investigation, acting in consultation with the Attorney General, the Secretary of Education, and the Director of National Intelligence; ``(3) the term `foreign actor' means-- ``(A) a foreign government or its auxiliary territories, or any component thereof, whether or not recognized by the United States; ``(B) a foreign-based political organization, not substantially composed of United States persons; ``(C) a faction of a foreign nation or foreign nations, not substantially composed of United States persons; ``(D) an entity that is openly acknowledged by a foreign government or foreign governments to be directed and controlled by such foreign government or foreign governments; ``(E) any partnership, association, corporation, organization, or other combination of persons who acts as an agent, representative, employee, or servant of, or whose activities are directly or indirectly supervised, directed, controlled, financed, or subsidized in whole or in major part by a government, organization, faction, or entity described in subparagraph (A), (B), (C), or (D); or ``(F) any individual who acts as an agent, representative, employee, or servant of, or whose activities are directly or indirectly supervised, directed, controlled, financed, or subsidized in whole or in major part by a government, organization, faction, or entity described in subparagraph (A), (B), (C), or (D), unless such individual is a citizen of and domiciled within the United States; ``(4) the term `institution' means any institution of higher education, as defined under section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001); ``(5) the term `national security' means the national defense, foreign relations, or economic interests of the United States; ``(6) the term `relevant committees of Congress' means-- ``(A) the Committee on the Judiciary, the Select Committee on Intelligence, the Committee on Homeland Security and Government Affairs, and the Committee on Health, Education, Labor, and Pensions of the Senate; and ``(B) the Committee on the Judiciary, the Permanent Select Committee on Intelligence, the Committee on Homeland Security, and the Committee on Education and the Workforce of the House of Representatives; and ``(7) the term `United States person' has the meaning given that term in section 101 of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1801). ``(b) Designation.-- ``(1) In general.--The Director shall designate a foreign actor as a foreign intelligence threat to higher education, in accordance with this subsection, if the Director finds that the foreign actor has committed, attempted to commit, or conspired to commit, in connection with an institution, one or more of the following: ``(A) Smuggling goods from the United States, in violation of section 554 of title 18. ``(B) Espionage, in violation of sections 791 through 799 of title 18. ``(C) Kidnapping, in violation of section 1201 of title 18. ``(D) Fraud or misuse of visas, permits, or other documents, in violation of section 1546 of title 18. ``(E) Aggravated identity theft, in violation of section 1028A of title 18. ``(F) Fraud or related activity in connection with access devices, in violation of section 1029 of title 18. ``(G) Fraud or related activity in connection with computers, in violation of section 1030 of title 18. ``(H) Economic espionage, in violation of section 1831 of title 18. ``(I) Theft of trade secrets, in violation of section 1832 of title 18. ``(J) Terrorism, in violation of sections 2331 through 2339D of title 18. ``(K) Interception or disclosure of wire, oral, or electronic communications, in violation of section 2511 of title 18. ``(L) A violation of any control on the import or export of defense articles or defense services imposed under section 38 of the Arms Export Control Act (22 U.S.C. 2778). ``(M) A violation of any control on the export, reexport, and in-country transfer of an item imposed under section 1753 of the Export Control Reform Act of 2018 (50 U.S.C. 4812). ``(N) An unlawful act described in section 206(a) of the International Emergency Economic Powers Act (50 U.S.C. 1705(a)). ``(2) Procedure.-- ``(A) Notice before designation.-- ``(i) To congressional leaders.--Not later than 7 days before making a designation under paragraph (1), the Director shall submit to the Speaker and minority leader of the House of Representatives, the President pro tempore, majority leader, and minority leader of the Senate, and the members of the relevant committees of Congress-- ``(I) written notice of the intent of the Director to designate a foreign actor under paragraph (1); and ``(II) the findings made under paragraph (1) with respect to foreign actor and the factual basis therefor. ``(ii) To the attorney general.--Not later than 7 days before making a designation under paragraph (1), the Director shall submit to the Attorney General, for the Attorney General to determine whether further investigation or prosecution is warranted-- ``(I) written notice of the intent of the Director to designate a foreign actor under paragraph (1); and ``(II) the findings made under paragraph (1) with respect to the foreign actor and the factual basis therefor. ``(iii) Protection of classified information.--The notice and findings submitted under clauses (i) and (ii) may be in classified form. ``(B) Publication in federal register.--If the Director makes a designation under paragraph (1), the Director shall publish the designation in the Federal Register on the date of the designation. ``(C) Effect of designation.--For purposes of section 117 of the Higher Education Act of 1965 (20 U.S.C. 1011f), a designation under paragraph (1) shall take effect upon publication under subparagraph (B) of this paragraph. ``(D) Effect of designation on lawful status.-- ``(i) Revocation of nonimmigrant visa.--The Secretary of State shall revoke the nonimmigrant visa issued to any foreign actor present in the United States immediately after such foreign actor has been designated under paragraph (1). ``(ii) Removal.--The Secretary of Homeland Security shall initiate removal proceedings against any foreign actor described in clause (i) and expeditiously remove such foreign actor from the United States. ``(iii) Ineligibility.--Any foreign actor who has been designated under paragraph (1) shall be inadmissible to the United States and ineligible to receive a United States visa or be admitted to the United States. ``(iv) Appeal.--If a foreign actor appeals a designation under paragraph (1), the consequences described in clauses (i) through (iii) shall be stayed until such appeal has been fully adjudicated. ``(3) Record.-- ``(A) In general.--In making a designation under paragraph (1), the Director shall create an administrative record. ``(B) Classified information.--The Director may consider classified information in making a designation under paragraph (1). Classified information shall not be subject to disclosure for such time as it remains classified, except that such information may be disclosed to a court ex parte and in camera for purposes of judicial review under subsection (d). ``(4) Period of designation.-- ``(A) In general.--A designation under paragraph (1) shall be effective for all purposes until revoked under paragraph (5) or (6) or set aside under subsection (d). ``(B) Review of designation upon petition.-- ``(i) In general.--The Director shall review the designation of a foreign actor as a foreign intelligence threat to higher education under the procedures set forth in clauses (iii) and (iv) if the designated foreign actor files a petition for revocation within the petition period described in clause (ii). ``(ii) Petition period.--For purposes of clause (i)-- ``(I) if the designated foreign actor has not previously filed a petition for revocation under this subparagraph, the petition period begins 2 years after the date on which the designation was made; or ``(II) if the designated foreign actor has previously filed a petition for revocation under this subparagraph, the petition period begins 2 years after the date of the determination made under clause (iv) with respect to that petition. ``(iii) Procedures.--Any foreign actor designated as a foreign intelligence threat to higher education that submits a petition for revocation under this subparagraph shall provide evidence in the petition that the relevant circumstances described in paragraph (1) are sufficiently different from the circumstances that were the basis for the designation such that a revocation with respect to the foreign actor is warranted. ``(iv) Determination.-- ``(I) In general.--Not later than 180 days after receiving a petition for revocation submitted under this subparagraph, the Director shall make a determination as to such revocation. ``(II) Classified information.--The Director may consider classified information in making a determination in response to a petition for revocation. Classified information shall not be subject to disclosure for such time as it remains classified, except that such information may be disclosed to a court ex parte and in camera for purposes of judicial review under subsection (d). ``(III) Publication of determination.--A determination made by the Director under this clause shall be published in the Federal Register. ``(IV) Procedures.--Any revocation of a designation by the Director shall be made in accordance with paragraph (6). ``(C) Other review of designation.-- ``(i) In general.--If no review has taken place under subparagraph (B) during any 5-year period, the Director shall review the designation of a foreign actor as a foreign intelligence threat to higher education under paragraph (1) in order to determine whether such designation should be revoked pursuant to paragraph (6). ``(ii) Procedures.--If a review does not take place pursuant to subparagraph (B) in response to a petition for revocation that is filed in accordance with that subparagraph, the review shall be conducted pursuant to procedures established by the Director. The results of such review and the applicable procedures shall not be reviewable in any court. ``(iii) Publication of results of review.-- The Director shall publish any determination made under this subparagraph in the Federal Register. ``(5) Revocation by act of congress.--Congress, by an Act of Congress, may block or revoke a designation made under paragraph (1). ``(6) Revocation based on change in circumstances.-- ``(A) In general.--The Director may revoke a designation made under paragraph (1) at any time, and shall revoke a designation upon completion of a review conducted pursuant to subparagraphs (B) and (C) of paragraph (4) if the Director finds that-- ``(i) the circumstances that were the basis for the designation have changed in such a manner as to warrant revocation; or ``(ii) the national security of the United States warrants a revocation. ``(B) Procedure.--The procedural requirements of paragraphs (2) and (3) shall apply to a revocation under this paragraph. Any revocation shall take effect on the date specified in the revocation or upon publication in the Federal Register if no effective date is specified. ``(7) Effect of revocation.--The revocation of a designation under paragraph (5) or (6) shall not affect any action or proceeding based on conduct committed prior to the effective date of such revocation. ``(c) Amendments to a Designation.-- ``(1) In general.--The Director may amend a designation under subsection (b)(1) if the Director finds that the foreign actor has changed its name, adopted a new alias, dissolved and then reconstituted itself under a different name or names, or merged with another foreign actor. ``(2) Procedure.--Amendments made to a designation in accordance with paragraph (1) shall be effective upon publication in the Federal Register. Subparagraphs (C) and (D) of subsection (b)(2) shall apply to an amended designation upon such publication. Paragraphs (2)(A)(i), (4), (5), (6), (7), and (8) of subsection (b) shall also apply to an amended designation. ``(3) Administrative record.--The administrative record shall be corrected to include the amendments as well as any additional relevant information that supports those amendments. ``(4) Classified information.--The Director may consider classified information in amending a designation in accordance with this subsection. Classified information shall not be subject to disclosure for such time as it remains classified, except that such information may be disclosed to a court ex parte and in camera for purposes of judicial review under subsection (d). ``(d) Judicial Review of Designation.-- ``(1) In general.--Not later than 30 days after publication in the Federal Register of a designation, an amended designation, or a determination in response to a petition for revocation, the foreign actor designated as a foreign intelligence threat to higher education may seek judicial review in the United States Court of Appeals for the District of Columbia Circuit. ``(2) Basis of review.--Review under this subsection shall be based solely upon the administrative record, except that the Government may submit, for ex parte and in camera review, classified information used in making the designation, amended designation, or determination in response to a petition for revocation, in a manner consistent with the Classified Information Procedures Act (18 U.S.C. App.). ``(3) Scope of review.--The court shall hold unlawful and set aside a designation, amended designation, or determination in response to a petition for revocation the court finds to be-- ``(A) arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law; ``(B) contrary to constitutional right, power, privilege, or immunity; ``(C) in excess of statutory jurisdiction, authority, or limitation, or short of statutory right; ``(D) lacking substantial support in the administrative record taken as a whole or in classified information submitted to the court under paragraph (2); or ``(E) not in accord with the procedures required by law. ``(4) Judicial review invoked.--The pendency of an action for judicial review of a designation, amended designation, or determination in response to a petition for revocation shall not affect the application of this section, unless the court issues a final order setting aside the designation, amended designation, or determination in response to a petition for revocation. ``(e) Imposition of Sanctions Under International Emergency Economic Powers Act.-- ``(1) In general.--The President may, pursuant to the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.)-- ``(A) block and prohibit all transactions in all property and interests in property of a foreign actor designated as a foreign intelligence threat to higher education under subsection (b)(1), 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; or ``(B)(i) prohibit any institution, and all employees of an institution, from-- ``(I) negotiating or entering into a contract with such a foreign actor; or ``(II) transferring information developed through research to such a foreign actor; and ``(ii) require any institution that has a contract with such a foreign actor in effect as of the date on which the foreign actor is designated as a foreign intelligence threat to higher education under subsection (b)(1) to terminate that contract. ``(2) Transfer defined.--For purposes of paragraph (1)(B)(i)(II), the term `transfer', with respect to information, means-- ``(A) an actual shipment or transmission of the information out of the United States, including the sending or taking of information out of the United States, in any manner; ``(B) releasing or otherwise transferring the information, including technical data, to a foreign person in the United States (commonly referred to as a `deemed export'); ``(C) visual or other inspection by a foreign person of the information that reveals information directly or indirectly related to critical technologies; and ``(D) oral or written exchanges with a foreign person of information, whether or not in the United States. ``(3) Inapplicability of national emergency requirement.-- The requirements of section 202 of the International Emergency Economic Powers Act (50 U.S.C. 1701) shall not apply for purposes of this subsection. ``(4) 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, 1704) to carry out this subsection. ``(5) Penalties.--A person that violates, attempts to violate, conspires to violate, or causes a violation of paragraph (1) or any regulation, license, or order issued to carry out that paragraph 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) Activities With National Security Implications.-- ``(1) In general.--The Director shall provide the Secretary of Homeland Security with information about any foreign actor who has not been designated under subsection (b) if the foreign actor has engaged in any practice with national security implications, including-- ``(A) transferring uncontrolled, but sensitive technology acquired during the foreign actor's interactions with academic institutions; ``(B) significantly changing the nature or type of academic study initially reported by the foreign actor, such as changing his or her major from a nonsensitive field of study to a sensitive field of study; ``(C) significantly deviating from the terms of a nonimmigrant visa related to the study of technology deemed sensitive in nature; and ``(D) misrepresenting, omitting, or falsifying any information provided to the Department of State or the Department of Homeland Security regarding the purpose of the foreign actor's presence in the United States. ``(2) Effect of revocation of visa.--If the Secretary of Homeland Security orders the revocation of a visa issued to a foreign actor described in paragraph (1), the foreign actor-- ``(A) shall be permitted to voluntarily depart the United States within 10 days; and ``(B) may be given the opportunity to reapply for a visa outside of the United States. ``(3) Effect of failure to voluntarily depart.--If a foreign actor described in paragraph (2) chooses not to voluntarily depart the United States, the Secretary of Homeland Security shall provide for the expedited removal of the foreign actor from the United States in accordance with section 238(a)(3)(B) of the Immigration and Nationality Act (8 U.S.C. 1228(a)(3)(B)). ``(g) Reports.-- ``(1) In general.--Not later than 180 days after the date of enactment of this section, and every year thereafter, the Director shall submit to the relevant committees of Congress a detailed report containing the following: ``(A) A description and assessment of foreign actors who engage in activities listed in subsection (b)(1). ``(B) An assessment of the impact of foreign actors who engage in activities listed in subsection (b)(1) on scholarship and research and development in connection with institutions. ``(C) An assessment of the implementation and operation of the designation process for foreign intelligence threats to higher education established under this section. ``(D) An assessment of the likely effects of the designation of foreign intelligence threats to higher education on activities listed in subsection (b)(1) in connection with institutions. ``(2) Form of reports.--The reports required under paragraph (1) shall be submitted in an unclassified form, but may contain a classified annex.''. (b) Deportability; Expedited Removal.-- (1) Deportability.--Section 237(a)(2)(A) of the Immigration and Nationality Act (8 U.S.C. 1227(a)(2)(A)) is amended-- (A) by redesignating clause (vi) as clause (vii); and (B) by inserting after clause (v) the following: ``(vi) Foreign intelligence threat to higher education.--Any alien who has been designated as a foreign intelligence threat to higher education under section 540D(b) of title 28, United States Code, is deportable.''. (2) Expedited removal.--Section 238(a)(3) of the Immigration and Nationality Act (8 U.S.C. 1228(a)(3)) is amended-- (A) by redesignating subparagraph (B) as subparagraph (C); and (B) by inserting after subparagraph (A) the following: ``(B) The Secretary of Homeland Security shall provide for the expedited removal of aliens who have been designated as a foreign intelligence threat to higher education under section 540D(b) of title 28, United States Code, in the interest of national security.''. (c) Technical and Conforming Amendment.--The table of sections for chapter 33 of title 28, United States Code, is amended by adding at the end the following: ``540D. Designation of foreign intelligence threats to higher education.''. SEC. 3. DISCLOSURE OF FOREIGN GIFTS OR CONTRACTS. Section 117 of the Higher Education Act of 1965 (20 U.S.C. 1011f) is amended-- (1) by striking subsection (a) and inserting the following: ``(a) Disclosure Report.-- ``(1) In general.--An institution described in paragraph (2) for a calendar year shall file a disclosure report under subsection (b) with the Secretary by January 31 or July 31, whichever is sooner. ``(2) Types of institutions.--An institution described in this paragraph is an institution that-- ``(A) is owned or controlled by a foreign source; ``(B) receives a gift from or enters into a contract with a foreign source, the value of which is $250,000 or more, considered alone or in combination with all other gifts from or contracts with that foreign source within a calendar year; or ``(C) receives a gift from or enters into a contract with a foreign intelligence threat to higher education, or any agent thereof.''; (2) in subsection (b)-- (A) by redesignating paragraphs (1) through (3) as subparagraphs (A) through (C), respectively, and adjusting the margins appropriately; (B) by striking ``Report.--Each'' and inserting the following: ``Report.-- ``(1) In general.--Each''; (C) in subparagraph (A) (as so redesignated), by inserting ``, as measured by the fair market value of such gifts and contracts'' after ``particular country''; (D) in subparagraph (B) (as so redesignated)-- (i) by inserting ``the identity of the foreign government and, if applicable, the foreign government agency, and'' after ``with a foreign government,''; and (ii) by inserting ``, as measured by the fair market value of such gifts and contracts'' before the period at the end; and (E) by adding at the end the following: ``(2) Requirements relating to foreign intelligence threats.--For any institution described in subsection (a)(2)(C), the report required under this section shall contain, in addition to any applicable information required under paragraph (1)-- ``(A) the identity of the foreign intelligence threat to higher education involved; and ``(B) the aggregate dollar amount of such gifts and contracts attributable to the foreign intelligence threat to higher education, as measured by the fair market value of such gifts and contracts.''; (3) in subsection (c), by adding at the end the following: ``(3) For any such gift received from, or contract entered into with, a foreign intelligence threat to higher education, the fair market value of the gift or contract, the date of the gift or contract, and a description of any such conditions or restrictions on the gift or contract.''; (4) in subsection (e), by inserting ``, and shall also be accessible to the public through electronic means'' before the period at the end; and (5) in subsection (h)-- (A) by redesignating paragraphs (2) through (5) as paragraphs (3) through (6), respectively; (B) by inserting after paragraph (1) the following: ``(2) the term `foreign intelligence threat to higher education' means any foreign source that is designated as a foreign intelligence threat to higher education in accordance with section 540D of title 28, United States Code;''; (C) in paragraph (4) (as so redesignated), by striking ``or property'' and inserting ``, property, services, or payment to the staff of an institution''; (D) by striking paragraph (5) (as so redesignated) and inserting the following: ``(5) the term `institution' means an institution of higher education-- ``(A) to which Federal financial assistance is extended (directly or indirectly through another entity or person); or ``(B) that receives support from the extension of Federal financial assistance to any of the institution's subunits''; and (E) in paragraph (6)(B) (as so redesignated), by inserting ``institutes, instructional programs,'' before ``research or lecture''. &lt;all&gt; </pre></body></html>
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118S361
Pistol Brace Protection Act
[ [ "L000575", "Sen. Lankford, James [R-OK]", "sponsor" ], [ "C001098", "Sen. Cruz, Ted [R-TX]", "cosponsor" ], [ "R000584", "Sen. Risch, James E. [R-ID]", "cosponsor" ], [ "C000880", "Sen. Crapo, Mike [R-ID]", "cosponsor" ], [ "C001075", "Sen. Cassidy, Bill [R-LA]", "cosponsor" ] ]
<html><body><pre>[Congressional Bills 118th Congress] [From the U.S. Government Publishing Office] [S. 361 Introduced in Senate (IS)] &lt;DOC&gt; 118th CONGRESS 1st Session S. 361 To amend the National Firearms Act to provide an exception for stabilizing braces, and for other purposes. _______________________________________________________________________ IN THE SENATE OF THE UNITED STATES February 9, 2023 Mr. Lankford (for himself, Mr. Cruz, Mr. Risch, Mr. Crapo, and Mr. Cassidy) introduced the following bill; which was read twice and referred to the Committee on Finance _______________________________________________________________________ A BILL To amend the National Firearms Act to provide an exception for stabilizing braces, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Pistol Brace Protection Act''. SEC. 2. MODIFICATION OF DEFINITION OF FIREARM. (a) Firearm Definitions in Title 18, United States Code.--Section 921(a) of title 18, United States Code, is amended-- (1) in paragraph (4)-- (A) in subparagraph (B), by striking ``(other than a shotgun or a shotgun shell which the Attorney General finds is generally recognized as particularly suitable for sporting purposes)'' and inserting the following: ``(other than a shotgun, a shotgun shell, or a firearm excluded from the definition of the term `shotgun' under paragraph (5))''; and (B) in the flush text following subparagraph (C), by striking ``which the owner intends to use solely for sporting, recreational or cultural purposes''; (2) in paragraph (5)-- (A) by inserting ``(A)'' after ``(5)''; and (B) by adding at the end the following: ``(B)(i) The term `shotgun' shall not include any pistol or other firearm that is equipped with a device that is designed, manufactured, and intended to allow the operation of a pistol or other firearm with a single hand through the use of a brace that-- ``(I) is attachable or provides support to the user's arm; and ``(II) the user intends to fire with a single hand. ``(ii) For purposes of clause (i), documented use with 2 hands or firing from the shoulder does not establish that a user does not intend to fire the pistol or other firearm with a single hand.''; and (3) in paragraph (7)-- (A) by inserting ``(A)'' after ``(7)''; and (B) by adding at the end the following: ``(B)(i) The term `rifle' shall not include any pistol that is equipped with a device that is designed, manufactured, and intended to allow the operation of a pistol with a single hand through the use of a brace that-- ``(I) is attachable or provides support to the user's arm; and ``(II) the user intends to fire with a single hand. ``(ii) For purposes of clause (i), documented use with 2 hands or firing from the shoulder does not establish that a user does not intend to fire the pistol with a single hand.''. (b) National Firearms Act.--Section 5845 of the Internal Revenue Code of 1986 is amended-- (1) in subsection (c)-- (A) by striking ``The term `rifle' means'' and inserting the following: ``(1) In general.--Subject to paragraph (2), the term `rifle' means''; and (B) by adding at the end the following: ``(2) Exception.-- ``(A) In general.--The term `rifle' shall not include any pistol which-- ``(i) is equipped with a device which is designed, manufactured, and intended to allow the operation of a pistol with a single hand through the use of a brace that-- ``(I) is attachable, or ``(II) provides support to the user's arm, and ``(ii) the user intends to fire with a single hand. ``(B) Exclusion.--For purposes of clause (ii) of subparagraph (A), any documented use of a pistol described in such subparagraph with 2 hands or firing from the shoulder shall not establish that a user does not intend to fire such pistol with a single hand.''; (2) in subsection (d)-- (A) by striking ``The term `shotgun' means'' and inserting the following: ``(1) In general.--Subject to paragraph (2), the term `shotgun' means''; and (B) by adding at the end the following: ``(2) Exception.-- ``(A) In general.--The term `shotgun' shall not include any pistol or other weapon which-- ``(i) is equipped with a device which is designed, manufactured, and intended to allow the operation of a pistol with a single hand through the use of a brace that-- ``(I) is attachable, or ``(II) provides support to the user's arm, and ``(ii) the user intends to fire with a single hand. ``(B) Exclusion.--For purposes of clause (ii) of subparagraph (A), any documented use of a pistol or other weapon described in such subparagraph with 2 hands or firing from the shoulder shall not establish that a user does not intend to fire such pistol or other weapon with a single hand.''; (3) in subsection (e)-- (A) by striking ``a pistol or revolver having a barrel with a smooth bore designed or redesigned to fire a fixed shotgun shell,''; and (B) by striking ``having a rifled bore, or rifled bores''; and (4) in subsection (f), by striking ``except a shotgun or shotgun shell which the Secretary finds is generally recognized as particularly suitable for sporting purposes'' and inserting ``other than a shotgun, a shotgun shell, or a firearm excluded from the definition of the term `shotgun' under subsection (d)''. (c) Effective Date.--The amendments made by this section shall take effect on the date of enactment of this Act. &lt;all&gt; </pre></body></html>
[ "Crime and Law Enforcement" ]
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118S362
TAILOR Act of 2023
[ [ "R000605", "Sen. Rounds, Mike [R-SD]", "sponsor" ], [ "L000571", "Sen. Lummis, Cynthia M. [R-WY]", "cosponsor" ], [ "T000476", "Sen. Tillis, Thomas [R-NC]", "cosponsor" ], [ "H000601", "Sen. Hagerty, Bill [R-TN]", "cosponsor" ], [ "D000618", "Sen. Daines, Steve [R-MT]", "cosponsor" ], [ "C001096", "Sen. Cramer, Kevin [R-ND]", "cosponsor" ] ]
<p><strong>Taking Account of Institutions with Low Operation Risk Act of 2023 or the TAILOR Act of 2023</strong></p> <p>This bill addresses the supervision of financial institutions. </p> <p>Federal financial regulatory agencies must (1) tailor any regulatory actions so as to limit burdens on the institutions involved,&nbsp;with consideration of the risk profiles and business models of those institutions; and (2) report to Congress on specific actions taken to do so, as well as on other related issues. The bill's&nbsp;tailoring requirement applies to future regulatory actions and to regulations adopted within the last seven years.</p> <p>The bill also reduces certain reporting requirements for community banks eligible for a simplified capital leverage ratio.</p> <p>Finally, federal banking agencies must report on the modernization of bank supervision, including examiner workforce and training and statutory changes necessary to achieve more effective supervision.
<html><body><pre>[Congressional Bills 118th Congress] [From the U.S. Government Publishing Office] [S. 362 Introduced in Senate (IS)] &lt;DOC&gt; 118th CONGRESS 1st Session S. 362 To require the Federal financial institutions regulatory agencies to take risk profiles and business models of institutions into account when taking regulatory actions, and for other purposes. _______________________________________________________________________ IN THE SENATE OF THE UNITED STATES February 9, 2023 Mr. Rounds (for himself, Ms. Lummis, Mr. Tillis, Mr. Hagerty, and Mr. Daines) introduced the following bill; which was read twice and referred to the Committee on Banking, Housing, and Urban Affairs _______________________________________________________________________ A BILL To require the Federal financial institutions regulatory agencies to take risk profiles and business models of institutions into account when taking regulatory actions, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Taking Account of Institutions with Low Operation Risk Act of 2023'' or the ``TAILOR Act of 2023''. SEC. 2. TAILORING REGULATION TO BUSINESS MODEL AND RISK. (a) Definitions.--In this section-- (1) the term ``Federal financial institutions regulatory agency'' means the Office of the Comptroller of the Currency, the Board of Governors of the Federal Reserve System, the Federal Deposit Insurance Corporation, the National Credit Union Administration, and the Bureau of Consumer Financial Protection; and (2) the term ``regulatory action''-- (A) means any proposed, interim, or final rule or regulation; and (B) does not include any action taken by a Federal financial institutions regulatory agency that is solely applicable to an individual institution, including an enforcement action or order. (b) Consideration and Tailoring.--For any regulatory action occurring after the date of enactment of this Act, each Federal financial institutions regulatory agency shall-- (1) take into consideration the risk profile and business models of each type of institution or class of institutions subject to the regulatory action; and (2) tailor the regulatory action applicable to an institution, or type of institution, in a manner that limits the regulatory impact, including cost, human resource allocation, and other burdens, on the institution or type of institution as is appropriate for the risk profile and business model involved. (c) Factors To Consider.--In carrying out the requirements of subsection (b), each Federal financial institutions regulatory agency shall consider-- (1) the aggregate impact of all applicable regulatory action on the ability of institutions to flexibly serve their customers and local markets on and after the date of enactment of this Act; (2) the potential impact that efforts to implement the regulatory action and third-party service provider actions may work to undercut efforts to tailor the regulatory action described in subsection (b)(2); and (3) the statutory provision authorizing the regulatory action, the congressional intent with respect to the statutory provision, and the underlying policy objectives of the regulatory action. (d) Notice of Proposed and Final Rulemaking.--Each Federal financial institutions regulatory agency shall disclose and document in every notice of proposed rulemaking and in any final rulemaking for a regulatory action how the agency has applied subsections (b) and (c). (e) Reports to Congress.-- (1) Individual agency reports.--Not later than 1 year after the date of enactment of this Act and annually thereafter, each Federal financial institutions regulatory agency shall submit to the Committee on Banking, Housing, and Urban Affairs of the Senate and the Committee on Financial Services of the House of Representatives a report on the specific actions taken to tailor the regulatory actions of the Federal financial institutions regulatory agency pursuant to the requirements of this section. (f) Limited Look-Back Application.-- (1) In general.--Each Federal financial institutions regulatory agency shall-- (A) conduct a review of all regulations issued in final form pursuant to statutes enacted during the period beginning on the date that is 7 years before the date on which this Act is introduced in the Senate and ending on the date of enactment of this Act; and (B) apply the requirements of this section to the regulations described in subparagraph (A). (2) Revision.--Any regulation revised under paragraph (1) shall be revised not later than 3 years after the date of enactment of this Act. SEC. 3. SHORT-FORM CALL REPORTS FOR ALL BANKS ELIGIBLE FOR THE COMMUNITY BANK LEVERAGE RATIO. The appropriate Federal banking agencies, as defined in section 3 of the Federal Deposit Insurance Act (12 U.S.C. 1813), shall promulgate regulations establishing a reduced reporting requirement for all banks eligible for the Community Bank Leverage Ratio, as defined in section 201(a) of the Economic Growth, Regulatory Relief, and Consumer Protection Act (12 U.S.C. 5371 note), when making the first and third report of condition of a year as required by section 7(a) of the Federal Deposit Insurance Act (12 U.S.C. 1817(a)). SEC. 4. REPORT TO CONGRESS ON MODERNIZATION OF SUPERVISION. Not later than 18 months after the date of enactment of this Act, the appropriate Federal banking agencies, as defined in section 3 of the Federal Deposit Insurance Act (12 U.S.C. 1813), in consultation with State bank supervisors, shall submit to the Committee on Banking, Housing, and Urban Affairs of the Senate and the Committee on Financial Services of the House of Representatives a report on the modernization of bank supervision, including the following factors: (1) Changing bank business models. (2) Examiner workforce and training. (3) The structure of supervisory activities within banking agencies. (4) Improving bank-supervisor communication and collaboration. (5) The use of supervisory technology. (6) Supervisory factors uniquely applicable to community banks. (7) Changes in statutes necessary to achieve more effective supervision. &lt;all&gt; </pre></body></html>
[ "Finance and Financial Sector" ]
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118S363
North Platte Canteen Congressional Gold Medal Act
[ [ "F000463", "Sen. Fischer, Deb [R-NE]", "sponsor" ], [ "B001267", "Sen. Bennet, Michael F. [D-CO]", "cosponsor" ], [ "H000273", "Sen. Hickenlooper, John W. [D-CO]", "cosponsor" ], [ "R000618", "Sen. Ricketts, Pete [R-NE]", "cosponsor" ], [ "C001113", "Sen. Cortez Masto, Catherine [D-NV]", "cosponsor" ], [ "T000464", "Sen. Tester, Jon [D-MT]", "cosponsor" ], [ "M000934", "Sen. Moran, Jerry [R-KS]", "cosponsor" ], [ "M001198", "Sen. Marshall, Roger [R-KS]", "cosponsor" ] ]
<p><strong>North Platte Canteen Congressional Gold Medal Act</strong></p> <p>This bill provides for the award of a Congressional Gold Medal to recognize the individuals and communities that provided financial and other support for the North Platte Canteen in North Platte, Nebraska, during World War II. The North Platte Canteen, a volunteer-run effort, provided entertainment to U.S. troops traveling across the country.</p>
<html><body><pre>[Congressional Bills 118th Congress] [From the U.S. Government Publishing Office] [S. 363 Introduced in Senate (IS)] &lt;DOC&gt; 118th CONGRESS 1st Session S. 363 To award a Congressional Gold Medal, collectively, to the individuals and communities who volunteered or donated items to the North Platte Canteen in North Platte, Nebraska, during World War II from December 25, 1941, to April 1, 1946. _______________________________________________________________________ IN THE SENATE OF THE UNITED STATES February 9, 2023 Mrs. Fischer (for herself and Mr. Bennet) introduced the following bill; which was read twice and referred to the Committee on Banking, Housing, and Urban Affairs _______________________________________________________________________ A BILL To award a Congressional Gold Medal, collectively, to the individuals and communities who volunteered or donated items to the North Platte Canteen in North Platte, Nebraska, during World War II from December 25, 1941, to April 1, 1946. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``North Platte Canteen Congressional Gold Medal Act''. SEC. 2. FINDINGS. The Congress finds the following: (1) Home-front volunteerism was integral to the victory of the United States during World War II. Numerous exemplars of patriotism emerged throughout the Midwest, galvanizing the rural United States and the rest of the country supporting the war effort. (2) The North Platte Canteen in North Platte, Nebraska, was one of the largest volunteer efforts of World War II. (3) Canteen services boosted morale in the United States by providing free, wholesome entertainment to troops traveling across the country. Approximately 120 community-based canteens operated in the United States during World War II. (4) The North Platte Canteen greeted and served food to approximately 6,000,000 United States troops traveling across the United States from December 25, 1941, to April 1, 1946. (5) On December 17, 1941, the residents of North Platte, Nebraska, received information that a train of Nebraska National Guardsmen would be traveling through North Platte en route to the West Coast of the United States. Although the train carried members of the Kansas National Guard, residents of the community welcomed the men from Kansas with food and other items as an appreciation for their service. (6) On December 18, 1941, Rae Wilson, of North Platte, proposed to her community the idea of establishing the North Platte Canteen so that residents could greet United States troops en route to serving the United States in the European Theater or the Pacific Theater. (7) 55,000 individuals, the majority of whom were women, from 125 communities in Nebraska, Colorado, and Kansas donated food and volunteered at the North Platte Canteen for approximately 5 years. (8) The North Platte Canteen provided hospitality to as many as 24 troop trains per day. During a 1-month period, the volunteers at the Canteen served over 40,000 homemade cookies, 30,000 hard-boiled eggs, 6,500 doughnuts, 4,000 loaves of bread, 3,000 pounds of meat, 450 pounds of cheese, 60 quarts of peanut butter, 1,350 pounds of coffee, 1,000 quarts of cream, 750 dozen rolls, and 600 birthday cakes. (9) The North Platte Canteen principally operated at the Union Pacific Railroad station in North Platte, Nebraska, with volunteers from local communities, organizations, churches, schools, and other groups, and without Federal assistance. (10) $137,000 in cash contributions supported the operations of the North Platte Canteen for almost 5 years. The funds were raised through benefit dances, scrap-metal drives, school victory clubs, donation cans in local businesses, and from the relatives of troops who traveled through the North Platte area. (11) In December 1943, the North Platte Canteen was honored by the United States Army with the presentation of the Meritorious Wartime Service Award by the Secretary of War. (12) In 2004, the 108th Congress passed a resolution recognizing the heroic efforts of those who made enormous sacrifices to make the North Platte Canteen a success during World War II. SEC. 3. CONGRESSIONAL GOLD MEDAL. (a) Presentation Authorized.--The Speaker of the House of Representatives and the President pro tempore of the Senate shall make appropriate arrangements for the presentation, on behalf of Congress, of a gold medal of appropriate design to the individuals and communities who volunteered or donated items to the North Platte Canteen in North Platte, Nebraska, during World War II. (b) Design and Striking.--For purposes of the presentation described in subsection (a), the Secretary of the Treasury (referred to in this Act as the ``Secretary'') shall strike a gold medal with suitable emblems, devices, and inscriptions, to be determined by the Secretary. (c) Lincoln County Historical Museum.--Following the presentation described in subsection (a), the gold medal shall be given to the Lincoln County Historical Museum in North Platte, Nebraska, where the medal shall be available for display as appropriate and made available for research. SEC. 4. DUPLICATE MEDALS. The Secretary may strike and sell duplicates in bronze of the gold medal struck under section 3, at a price sufficient to cover the costs of the medals, including labor, materials, dies, use of machinery, and overhead expenses. SEC. 5. STATUS OF MEDALS. (a) National Medals.--Medals struck under this Act are national medals for purposes of chapter 51 of title 31, United States Code. (b) Numismatic Items.--For purposes of sections 5134 and 5136 of title 31, United States Code, all medals struck under this Act shall be considered to be numismatic items. SEC. 6. AUTHORITY TO USE FUND AMOUNTS; PROCEEDS OF SALE. (a) Authority To Use Fund Amounts.--There is authorized to be charged against the United States Mint Public Enterprise Fund such amounts as may be necessary to pay for the costs of the medals struck under this Act. (b) Proceeds of Sale.--Amounts received from the sale of duplicate bronze medals authorized under section 4 shall be deposited into the United States Mint Public Enterprise Fund. &lt;all&gt; </pre></body></html>
[ "Social Welfare", "Congressional tributes", "Museums, exhibitions, cultural centers", "Nebraska", "U.S. history" ]
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118S364
GAAME Act of 2023
[ [ "B001288", "Sen. Booker, Cory A. [D-NJ]", "sponsor" ], [ "D000622", "Sen. Duckworth, Tammy [D-IL]", "cosponsor" ], [ "S001181", "Sen. Shaheen, Jeanne [D-NH]", "cosponsor" ], [ "T000464", "Sen. Tester, Jon [D-MT]", "cosponsor" ], [ "P000145", "Sen. Padilla, Alex [D-CA]", "cosponsor" ], [ "H000273", "Sen. Hickenlooper, John W. [D-CO]", "cosponsor" ], [ "W000779", "Sen. Wyden, Ron [D-OR]", "cosponsor" ] ]
<p><b>Guarantee Access to Arts and Music Education Act of 2023 or the GAAME Act of 2023</b></p> <p>This bill specifies that funds that support the instructional needs of elementary and secondary students from low-income families (i.e., Title I funds) may be used for arts and music programs. </p> <p>First, the bill specifies that schools operating school-wide programs may include descriptions related to arts and music education in their comprehensive plans. Such a plan may include a description of (1) how sequential, standards-based arts education taught by certified educators and providers meet the challenging state academic standards, and (2) how sequential, standards-based music education taught by certified educators align with the challenging state academic standards. </p> <p>Second, the bill specifies that schools operating targeted assistance programs may use funds for arts and music programs that address the academic needs of students. This assistance may include providing support for certified educators, professional development, supplies, instruments, and other expenses.</p>
<html><body><pre>[Congressional Bills 118th Congress] [From the U.S. Government Publishing Office] [S. 364 Introduced in Senate (IS)] &lt;DOC&gt; 118th CONGRESS 1st Session S. 364 To amend the Elementary and Secondary Education Act of 1965 to expand access to school-wide arts and music programs, and for other purposes. _______________________________________________________________________ IN THE SENATE OF THE UNITED STATES February 9, 2023 Mr. Booker (for himself, Ms. Duckworth, Mrs. Shaheen, Mr. Tester, and Mr. Padilla) introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions _______________________________________________________________________ A BILL To amend the Elementary and Secondary Education Act of 1965 to expand access to school-wide arts and music programs, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Guarantee Access to Arts and Music Education Act of 2023'' or the ``GAAME Act of 2023''. SEC. 2. SCHOOL-WIDE ACCESS TO ARTS EDUCATION. Section 1114 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6314) is amended-- (1) in subsection (b)(7)(A)(iii)-- (A) in subclauses (IV) and (V), by striking ``; and'' and inserting a semicolon; and (B) by adding at the end the following: ``(VI) sequential, standards-based arts education taught by certified arts educators (as defined by the State) and community arts providers to meet the challenging State academic standards; and''; and (2) by adding at the end the following: ``(f) Definition of Arts.--For purposes of subsection (b)(7)(A)(iii)(VI), the term `arts' means dance, media arts, theater, and visual arts.''. SEC. 3. SCHOOL-WIDE ACCESS TO MUSIC EDUCATION. Section 1114(b)(7)(A)(iii) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6314(b)(7)(A)(iii)), as amended by section (2), is further amended by inserting after subclause (VI) the following: ``(VII) sequential, standards-based music education that is aligned to challenging State academic standards and is taught by certified music educators (as defined by the State); and''. SEC. 4. TARGETED ASSISTANCE SCHOOLS FOR ARTS EDUCATION. Section 1115 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6315) is amended-- (1) in subsection (b)(2)(A), by striking ``well-rounded education;'' inserting the following: ``well rounded education, such as-- ``(i) programmatic assistance for students to participate in arts programs that address their academic needs (including support for certified arts educators (as defined by the State), arts educator professional development, supplies, and other expenses associated with instruction in the arts); and''; and (2) by adding at the end the following: ``(i) Definition of Arts.--For purposes of subsection (b)(2)(A)(i), the term `arts' means dance, media arts, theater, and visual arts.''. SEC. 5. TARGETED ASSISTANCE SCHOOLS FOR MUSIC EDUCATION. Section 1115(b)(2)(A) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6315(b)(2)(A)), as amended by section 4, is further amended by adding at the end the following: ``(ii) programmatic assistance for students to participate in music programs that address their academic needs (including support for certified music educators, music educator professional development, instruments, sheet music, music technology, and other expenses associated with music instruction);''. &lt;all&gt; </pre></body></html>
[ "Education" ]
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118S365
Dream Act of 2023
[ [ "D000563", "Sen. Durbin, Richard J. [D-IL]", "sponsor" ], [ "G000359", "Sen. Graham, Lindsey [R-SC]", "cosponsor" ] ]
<p><b>Dream Act of 2023 </b></p> <p>This bill directs the Department of Homeland Security (DHS) to cancel removal and grant lawful permanent resident status on a conditional basis to certain non-U.S. nationals (<i>aliens</i> under federal law) who initially entered the United States as minors (younger than 18 years of age). </p> <p>Specifically, DHS must do so for such an individual who (1) is inadmissible, is deportable, or has temporary protected status; (2) has been continuously physically present in the United States for four years preceding this bill's enactment; (3) is not inadmissible on various grounds such as those related to crime or security; and (4) has fulfilled specified educational requirements.</p> <p>DHS must also do so for an individual who was granted Deferred Action for Childhood Arrivals (DACA) status unless the individual has engaged in conduct that would make the individual ineligible for DACA. </p> <p>DHS shall remove the conditional basis of the lawful permanent resident status granted under this bill if the individual meets various requirements, such as (1) maintaining residence in the United States, and (2) acquiring a degree from an institution of higher education or serving in the uniformed services.</p> <p>DHS may not disclose or use information provided in applications filed under this bill or in DACA requests for immigration enforcement purposes.</p> <p>The bill also repeals a restriction barring states from providing higher education benefits to undocumented aliens unless those benefits are available to all U.S. citizens.</p>
<html><body><pre>[Congressional Bills 118th Congress] [From the U.S. Government Publishing Office] [S. 365 Introduced in Senate (IS)] &lt;DOC&gt; 118th CONGRESS 1st Session S. 365 To authorize the cancellation of removal and adjustment of status of certain individuals who are long-term United States residents and who entered the United States as children, and for other purposes. _______________________________________________________________________ IN THE SENATE OF THE UNITED STATES February 9, 2023 Mr. Durbin (for himself and Mr. Graham) introduced the following bill; which was read twice and referred to the Committee on the Judiciary _______________________________________________________________________ A BILL To authorize the cancellation of removal and adjustment of status of certain individuals who are long-term United States residents and who entered the United States as children, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Dream Act of 2023''. SEC. 2. DEFINITIONS. In this Act: (1) In general.--Except as otherwise specifically provided, any term used in this Act that is used in the immigration laws shall have the meaning given such term in the immigration laws. (2) DACA.--The term ``DACA'' means deferred action granted to an alien pursuant to the Deferred Action for Childhood Arrivals program announced by President Obama on June 15, 2012. (3) Disability.--The term ``disability'' has the meaning given such term in section 3(1) of the Americans with Disabilities Act of 1990 (42 U.S.C. 12102(1)). (4) Early childhood education program.--The term ``early childhood education program'' has the meaning given such term in section 103 of the Higher Education Act of 1965 (20 U.S.C. 1003). (5) Elementary school; high school; secondary school.--The terms ``elementary school'', ``high school'', and ``secondary school'' have the meanings given such terms in section 8101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801). (6) Immigration laws.--The term ``immigration laws'' has the meaning given such term in section 101(a)(17) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(17)). (7) Institution of higher education.--The term ``institution of higher education''-- (A) except as provided in subparagraph (B), has the meaning given such term in section 102 of the Higher Education Act of 1965 (20 U.S.C. 1002); and (B) does not include an institution of higher education outside of the United States. (8) Permanent resident status on a conditional basis.--The term ``permanent resident status on a conditional basis'' means status as an alien lawfully admitted for permanent residence on a conditional basis under this Act. (9) Poverty line.--The term ``poverty line'' has the meaning given such term in section 673 of the Community Services Block Grant Act (42 U.S.C. 9902). (10) Secretary.--Except as otherwise specifically provided, the term ``Secretary'' means the Secretary of Homeland Security. (11) Uniformed services.--The term ``Uniformed Services'' has the meaning given the term ``uniformed services'' in section 101(a) of title 10, United States Code. SEC. 3. PERMANENT RESIDENT STATUS ON A CONDITIONAL BASIS FOR CERTAIN LONG-TERM RESIDENTS WHO ENTERED THE UNITED STATES AS CHILDREN. (a) Conditional Basis for Status.--Notwithstanding any other provision of law, an alien shall be considered, at the time of obtaining the status of an alien lawfully admitted for permanent residence under this section, to have obtained such status on a conditional basis subject to the provisions under this Act. (b) Requirements.-- (1) In general.--Notwithstanding any other provision of law, the Secretary shall cancel the removal of, and adjust to the status of an alien lawfully admitted for permanent residence on a conditional basis, an alien who is inadmissible or deportable from the United States or is in temporary protected status under section 244 of the Immigration and Nationality Act (8 U.S.C. 1254a), if-- (A) the alien has been continuously physically present in the United States since the date that is 4 years before the date of the enactment of this Act; (B) the alien was younger than 18 years of age on the date on which the alien initially entered the United States; (C) subject to paragraphs (2) and (3), the alien-- (i) is not inadmissible under paragraph (2), (3), (6)(E), (6)(G), (8), (10)(A), (10)(C), or (10)(D) of section 212(a) of the Immigration and Nationality Act (8 U.S.C. 1182(a)); (ii) has not ordered, incited, assisted, or otherwise participated in the persecution of any person on account of race, religion, nationality, membership in a particular social group, or political opinion; and (iii) has not been convicted of-- (I) any offense under Federal or State law, other than a State offense for which an essential element is the alien's immigration status, that is punishable by a maximum term of imprisonment of more than 1 year; or (II) 3 or more offenses under Federal or State law, other than State offenses for which an essential element is the alien's immigration status, for which the alien was convicted on different dates for each of the 3 offenses and imprisoned for an aggregate of 90 days or more; and (D) the alien-- (i) has been admitted to an institution of higher education; (ii) has earned a high school diploma or a commensurate alternative award from a public or private high school, or has obtained a general education development certificate recognized under State law or a high school equivalency diploma in the United States; or (iii) is enrolled in secondary school or in an education program assisting students in-- (I) obtaining a regular high school diploma or its recognized equivalent under State law; or (II) in passing a general educational development exam, a high school equivalence diploma examination, or other similar State-authorized exam. (2) Waiver.--With respect to any benefit under this Act, the Secretary may waive the grounds of inadmissibility under paragraph (2), (6)(E), (6)(G), or (10)(D) of section 212(a) of the Immigration and Nationality Act (8 U.S.C. 1182(a)) for humanitarian purposes or family unity or if the waiver is otherwise in the public interest. (3) Treatment of expunged convictions.--An expunged conviction shall not automatically be treated as an offense under paragraph (1). The Secretary shall evaluate expunged convictions on a case-by-case basis according to the nature and severity of the offense to determine whether, under the particular circumstances, the Secretary determines that the alien should be eligible for cancellation of removal, adjustment to permanent resident status on a conditional basis, or other adjustment of status. (4) DACA recipients.--The Secretary shall cancel the removal of, and adjust to the status of an alien lawfully admitted for permanent residence on a conditional basis, an alien who was granted DACA unless the alien has engaged in conduct since the alien was granted DACA that would make the alien ineligible for DACA. (5) Application fee.-- (A) In general.--The Secretary may require an alien applying for permanent resident status on a conditional basis under this section to pay a reasonable fee that is commensurate with the cost of processing the application. (B) Exemption.--An applicant may be exempted from paying the fee required under subparagraph (A) if the alien-- (i)(I) is younger than 18 years of age; (II) received total income, during the 12- month period immediately preceding the date on which the alien files an application under this section, that is less than 150 percent of the poverty line; and (III) is in foster care or otherwise lacking any parental or other familial support; (ii) is younger than 18 years of age and is homeless; (iii)(I) cannot care for himself or herself because of a serious, chronic disability; and (II) received total income, during the 12- month period immediately preceding the date on which the alien files an application under this section, that is less than 150 percent of the poverty line; or (iv)(I) during the 12-month period immediately preceding the date on which the alien files an application under this section, accumulated $10,000 or more in debt as a result of unreimbursed medical expenses incurred by the alien or an immediate family member of the alien; and (II) received total income, during the 12- month period immediately preceding the date on which the alien files an application under this section, that is less than 150 percent of the poverty line. (6) Submission of biometric and biographic data.--The Secretary may not grant an alien permanent resident status on a conditional basis under this section unless the alien submits biometric and biographic data, in accordance with procedures established by the Secretary. The Secretary shall provide an alternative procedure for aliens who are unable to provide such biometric or biographic data because of a physical impairment. (7) Background checks.-- (A) Requirement for background checks.--The Secretary shall utilize biometric, biographic, and other data that the Secretary determines appropriate-- (i) to conduct security and law enforcement background checks of an alien seeking permanent resident status on a conditional basis under this section; and (ii) to determine whether there is any criminal, national security, or other factor that would render the alien ineligible for such status. (B) Completion of background checks.--The security and law enforcement background checks of an alien required under subparagraph (A) shall be completed, to the satisfaction of the Secretary, before the date on which the Secretary grants such alien permanent resident status on a conditional basis under this section. (8) Medical examination.-- (A) Requirement.--An alien applying for permanent resident status on a conditional basis under this section shall undergo a medical examination. (B) Policies and procedures.--The Secretary, with the concurrence of the Secretary of Health and Human Services, shall prescribe policies and procedures for the nature and timing of the examination required under subparagraph (A). (9) Military selective service.--An alien applying for permanent resident status on a conditional basis under this section shall establish that the alien has registered under the Military Selective Service Act (50 U.S.C. 3801 et seq.), if the alien is subject to registration under such Act. (c) Determination of Continuous Presence.-- (1) Termination of continuous period.--Any period of continuous physical presence in the United States of an alien who applies for permanent resident status on a conditional basis under this section shall not terminate when the alien is served a notice to appear under section 239(a) of the Immigration and Nationality Act (8 U.S.C. 1229(a)). (2) Treatment of certain breaks in presence.-- (A) In general.--Except as provided in subparagraphs (B) and (C), an alien shall be considered to have failed to maintain continuous physical presence in the United States under subsection (b)(1)(A) if the alien has departed from the United States for any period exceeding 90 days or for any periods, in the aggregate, exceeding 180 days. (B) Extensions for extenuating circumstances.--The Secretary may extend the time periods described in subparagraph (A) for an alien who demonstrates that the failure to timely return to the United States was due to extenuating circumstances beyond the alien's control, including the serious illness of the alien, or death or serious illness of a parent, grandparent, sibling, or child of the alien. (C) Travel authorized by the secretary.--Any period of travel outside of the United States by an alien that was authorized by the Secretary may not be counted toward any period of departure from the United States under subparagraph (A). (d) Limitation on Removal of Certain Aliens.-- (1) In general.--The Secretary or the Attorney General may not remove an alien who appears prima facie eligible for relief under this section. (2) Aliens subject to removal.--The Secretary shall provide a reasonable opportunity to apply for relief under this section to any alien who requests such an opportunity or who appears prima facie eligible for relief under this section if the alien is in removal proceedings, is the subject of a final removal order, or is the subject of a voluntary departure order. (3) Certain aliens enrolled in elementary or secondary school.-- (A) Stay of removal.--The Attorney General shall stay the removal proceedings of an alien who-- (i) meets all the requirements under subparagraphs (A), (B), and (C) of subsection (b)(1), subject to paragraphs (2) and (3) of such subsection; (ii) is at least 5 years of age; and (iii) is enrolled in an elementary school, a secondary school, or an early childhood education program. (B) Commencement of removal proceedings.--The Secretary may not commence removal proceedings for an alien described in subparagraph (A). (C) Employment.--An alien whose removal is stayed pursuant to subparagraph (A) or who may not be placed in removal proceedings pursuant to subparagraph (B) shall, upon application to the Secretary, be granted an employment authorization document. (D) Lift of stay.--The Secretary or Attorney General may not lift the stay granted to an alien under subparagraph (A) unless the alien ceases to meet the requirements under such subparagraph. (e) Exemption From Numerical Limitations.--Nothing in this section or in any other law may be construed to apply a numerical limitation on the number of aliens who may be granted permanent resident status on a conditional basis under this Act. SEC. 4. TERMS OF PERMANENT RESIDENT STATUS ON A CONDITIONAL BASIS. (a) Period of Status.--Permanent resident status on a conditional basis is-- (1) valid for a period of 8 years, unless such period is extended by the Secretary; and (2) subject to termination under subsection (c). (b) Notice of Requirements.--At the time an alien obtains permanent resident status on a conditional basis, the Secretary shall provide notice to the alien regarding the provisions of this Act and the requirements to have the conditional basis of such status removed. (c) Termination of Status.--The Secretary may terminate the permanent resident status on a conditional basis of an alien only if the Secretary-- (1) determines that the alien ceases to meet the requirements under paragraph (1)(C) of section 3(b), subject to paragraphs (2) and (3) of that section; and (2) prior to the termination, provides the alien-- (A) notice of the proposed termination; and (B) the opportunity for a hearing to provide evidence that the alien meets such requirements or otherwise contest the termination. (d) Return to Previous Immigration Status.-- (1) In general.--Except as provided in paragraph (2), an alien whose permanent resident status on a conditional basis expires under subsection (a)(1) or is terminated under subsection (c) or whose application for such status is denied shall return to the immigration status that the alien had immediately before receiving permanent resident status on a conditional basis or applying for such status, as appropriate. (2) Special rule for temporary protected status.--An alien whose permanent resident status on a conditional basis expires under subsection (a)(1) or is terminated under subsection (c) or whose application for such status is denied and who had temporary protected status under section 244 of the Immigration and Nationality Act (8 U.S.C. 1254a) immediately before receiving or applying for such permanent resident status on a conditional basis, as appropriate, may not return to such temporary protected status if-- (A) the relevant designation under section 244(b) of the Immigration and Nationality Act (8 U.S.C. 1254a(b)) has been terminated; or (B) the Secretary determines that the reason for terminating the permanent resident status on a conditional basis renders the alien ineligible for such temporary protected status. SEC. 5. REMOVAL OF CONDITIONAL BASIS OF PERMANENT RESIDENT STATUS. (a) Eligibility for Removal of Conditional Basis.-- (1) In general.--Subject to paragraph (2), the Secretary shall remove the conditional basis of an alien's permanent resident status granted under this Act and grant the alien status as an alien lawfully admitted for permanent residence if the alien-- (A) is described in paragraph (1)(C) of section 3(b), subject to paragraphs (2) and (3) of that section; (B) has not abandoned the alien's residence in the United States; and (C)(i) has acquired a degree from an institution of higher education or has completed at least 2 years, in good standing, in a program for a bachelor's degree or higher degree in the United States; (ii) has served in the Uniformed Services for at least 2 years and, if discharged, received an honorable discharge; or (iii) has been employed for periods totaling at least 3 years and at least 75 percent of the time that the alien has had a valid employment authorization, except that any period during which the alien is not employed while having a valid employment authorization and is enrolled in an institution of higher education, a secondary school, or an education program described in section 3(b)(1)(D)(iii), shall not count toward the time requirements under this clause. (2) Hardship exception.--The Secretary shall remove the conditional basis of an alien's permanent resident status and grant the alien status as an alien lawfully admitted for permanent residence if the alien-- (A) satisfies the requirements under subparagraphs (A) and (B) of paragraph (1); (B) demonstrates compelling circumstances for the inability to satisfy the requirements under subparagraph (C) of such paragraph; and (C) demonstrates that-- (i) the alien has a disability; (ii) the alien is a full-time caregiver of a minor child; or (iii) the removal of the alien from the United States would result in extreme hardship to the alien or the alien's spouse, parent, or child who is a national of the United States or is lawfully admitted for permanent residence. (3) Citizenship requirement.-- (A) In general.--Except as provided in subparagraph (B), the conditional basis of an alien's permanent resident status granted under this Act may not be removed unless the alien demonstrates that the alien satisfies the requirements under section 312(a) of the Immigration and Nationality Act (8 U.S.C. 1423(a)). (B) Exception.--Subparagraph (A) shall not apply to an alien who is unable to meet the requirements under such section 312(a) due to disability. (4) Application fee.-- (A) In general.--The Secretary may require aliens applying for lawful permanent resident status under this section to pay a reasonable fee that is commensurate with the cost of processing the application. (B) Exemption.--An applicant may be exempted from paying the fee required under subparagraph (A) if the alien-- (i)(I) is younger than 18 years of age; (II) received total income, during the 12- month period immediately preceding the date on which the alien files an application under this section, that is less than 150 percent of the poverty line; and (III) is in foster care or otherwise lacking any parental or other familial support; (ii) is younger than 18 years of age and is homeless; (iii)(I) cannot care for himself or herself because of a serious, chronic disability; and (II) received total income, during the 12- month period immediately preceding the date on which the alien files an application under this section, that is less than 150 percent of the poverty line; or (iv)(I) during the 12-month period immediately preceding the date on which the alien files an application under this section, the alien accumulated $10,000 or more in debt as a result of unreimbursed medical expenses incurred by the alien or an immediate family member of the alien; and (II) received total income, during the 12- month period immediately preceding the date on which the alien files an application under this section, that is less than 150 percent of the poverty line. (5) Submission of biometric and biographic data.--The Secretary may not remove the conditional basis of an alien's permanent resident status unless the alien submits biometric and biographic data, in accordance with procedures established by the Secretary. The Secretary shall provide an alternative procedure for applicants who are unable to provide such biometric data because of a physical impairment. (6) Background checks.-- (A) Requirement for background checks.--The Secretary shall utilize biometric, biographic, and other data that the Secretary determines appropriate-- (i) to conduct security and law enforcement background checks of an alien applying for removal of the conditional basis of the alien's permanent resident status; and (ii) to determine whether there is any criminal, national security, or other factor that would render the alien ineligible for removal of such conditional basis. (B) Completion of background checks.--The security and law enforcement background checks of an alien required under subparagraph (A) shall be completed, to the satisfaction of the Secretary, before the date on which the Secretary removes the conditional basis of the alien's permanent resident status. (b) Treatment for Purposes of Naturalization.-- (1) In general.--For purposes of title III of the Immigration and Nationality Act (8 U.S.C. 1401 et seq.), an alien granted permanent resident status on a conditional basis shall be considered to have been admitted to the United States, and be present in the United States, as an alien lawfully admitted for permanent residence. (2) Limitation on application for naturalization.--An alien may not apply for naturalization while the alien is in permanent resident status on a conditional basis. SEC. 6. DOCUMENTATION REQUIREMENTS. (a) Documents Establishing Identity.--An alien's application for permanent resident status on a conditional basis may include, as proof of identity-- (1) a passport or national identity document from the alien's country of origin that includes the alien's name and the alien's photograph or fingerprint; (2) the alien's birth certificate and an identity card that includes the alien's name and photograph; (3) a school identification card that includes the alien's name and photograph, and school records showing the alien's name and that the alien is or was enrolled at the school; (4) a Uniformed Services identification card issued by the Department of Defense; (5) any immigration or other document issued by the United States Government bearing the alien's name and photograph; or (6) a State-issued identification card bearing the alien's name and photograph. (b) Documents Establishing Continuous Physical Presence in the United States.--To establish that an alien has been continuously physically present in the United States, as required under section 3(b)(1)(A), or to establish that an alien has not abandoned residence in the United States, as required under section 5(a)(1)(B), the alien may submit documents to the Secretary, including-- (1) employment records that include the employer's name and contact information; (2) records from any educational institution the alien has attended in the United States; (3) records of service from the Uniformed Services; (4) official records from a religious entity confirming the alien's participation in a religious ceremony; (5) passport entries; (6) a birth certificate for a child who was born in the United States; (7) automobile license receipts or registration; (8) deeds, mortgages, or rental agreement contracts; (9) tax receipts; (10) insurance policies; (11) remittance records; (12) rent receipts or utility bills bearing the alien's name or the name of an immediate family member of the alien, and the alien's address; (13) copies of money order receipts for money sent in or out of the United States; (14) dated bank transactions; or (15) 2 or more sworn affidavits from individuals who are not related to the alien who have direct knowledge of the alien's continuous physical presence in the United States, that contain-- (A) the name, address, and telephone number of the affiant; and (B) the nature and duration of the relationship between the affiant and the alien. (c) Documents Establishing Initial Entry Into the United States.-- To establish under section 3(b)(1)(B) that an alien was younger than 18 years of age on the date on which the alien initially entered the United States, an alien may submit documents to the Secretary, including-- (1) an admission stamp on the alien's passport; (2) records from any educational institution the alien has attended in the United States; (3) any document from the Department of Justice or the Department of Homeland Security stating the alien's date of entry into the United States; (4) hospital or medical records showing medical treatment or hospitalization, the name of the medical facility or physician, and the date of the treatment or hospitalization; (5) rent receipts or utility bills bearing the alien's name or the name of an immediate family member of the alien, and the alien's address; (6) employment records that include the employer's name and contact information; (7) official records from a religious entity confirming the alien's participation in a religious ceremony; (8) a birth certificate for a child who was born in the United States; (9) automobile license receipts or registration; (10) deeds, mortgages, or rental agreement contracts; (11) tax receipts; (12) travel records; (13) copies of money order receipts sent in or out of the country; (14) dated bank transactions; (15) remittance records; or (16) insurance policies. (d) Documents Establishing Admission to an Institution of Higher Education.--To establish that an alien has been admitted to an institution of higher education, the alien shall submit to the Secretary a document from the institution of higher education certifying that the alien-- (1) has been admitted to the institution; or (2) is currently enrolled in the institution as a student. (e) Documents Establishing Receipt of a Degree From an Institution of Higher Education.--To establish that an alien has acquired a degree from an institution of higher education in the United States, the alien shall submit to the Secretary a diploma or other document from the institution stating that the alien has received such a degree. (f) Documents Establishing Receipt of High School Diploma, General Educational Development Certificate, or a Recognized Equivalent.--To establish that an alien has earned a high school diploma or a commensurate alternative award from a public or private high school, or has obtained a general educational development certificate recognized under State law or a high school equivalency diploma in the United States, the alien shall submit to the Secretary-- (1) a high school diploma, certificate of completion, or other alternate award; (2) a high school equivalency diploma or certificate recognized under State law; or (3) evidence that the alien passed a State-authorized exam, including the general educational development exam, in the United States. (g) Documents Establishing Enrollment in an Educational Program.-- To establish that an alien is enrolled in any school or education program described in section 3(b)(1)(D)(iii), 3(d)(3)(A)(iii), or 5(a)(1)(C), the alien shall submit school records from the United States school that the alien is currently attending that include-- (1) the name of the school; and (2) the alien's name, periods of attendance, and current grade or educational level. (h) Documents Establishing Exemption From Application Fees.--To establish that an alien is exempt from an application fee under section 3(b)(5)(B) or 5(a)(4)(B), the alien shall submit to the Secretary the following relevant documents: (1) Documents to establish age.--To establish that an alien meets an age requirement, the alien shall provide proof of identity, as described in subsection (a), that establishes that the alien is younger than 18 years of age. (2) Documents to establish income.--To establish the alien's income, the alien shall provide-- (A) employment records that have been maintained by the Social Security Administration, the Internal Revenue Service, or any other Federal, State, or local government agency; (B) bank records; or (C) at least 2 sworn affidavits from individuals who are not related to the alien and who have direct knowledge of the alien's work and income that contain-- (i) the name, address, and telephone number of the affiant; and (ii) the nature and duration of the relationship between the affiant and the alien. (3) Documents to establish foster care, lack of familial support, homelessness, or serious, chronic disability.--To establish that the alien was in foster care, lacks parental or familial support, is homeless, or has a serious, chronic disability, the alien shall provide at least 2 sworn affidavits from individuals who are not related to the alien and who have direct knowledge of the circumstances that contain-- (A) a statement that the alien is in foster care, otherwise lacks any parental or other familiar support, is homeless, or has a serious, chronic disability, as appropriate; (B) the name, address, and telephone number of the affiant; and (C) the nature and duration of the relationship between the affiant and the alien. (4) Documents to establish unpaid medical expense.--To establish that the alien has debt as a result of unreimbursed medical expenses, the alien shall provide receipts or other documentation from a medical provider that-- (A) bear the provider's name and address; (B) bear the name of the individual receiving treatment; and (C) document that the alien has accumulated $10,000 or more in debt in the past 12 months as a result of unreimbursed medical expenses incurred by the alien or an immediate family member of the alien. (i) Documents Establishing Qualification for Hardship Exemption.-- To establish that an alien satisfies one of the criteria for the hardship exemption set forth in section 5(a)(2)(C), the alien shall submit to the Secretary at least 2 sworn affidavits from individuals who are not related to the alien and who have direct knowledge of the circumstances that warrant the exemption, that contain-- (1) the name, address, and telephone number of the affiant; and (2) the nature and duration of the relationship between the affiant and the alien. (j) Documents Establishing Service in the Uniformed Services.--To establish that an alien has served in the Uniformed Services for at least 2 years and, if discharged, received an honorable discharge, the alien shall submit to the Secretary-- (1) a Department of Defense form DD-214; (2) a National Guard Report of Separation and Record of Service form 22; (3) personnel records for such service from the appropriate Uniformed Service; or (4) health records from the appropriate Uniformed Service. (k) Documents Establishing Employment.-- (1) In general.--An alien may satisfy the employment requirement under section 5(a)(1)(C)(iii) by submitting records that-- (A) establish compliance with such employment requirement; and (B) have been maintained by the Social Security Administration, the Internal Revenue Service, or any other Federal, State, or local government agency. (2) Other documents.--An alien who is unable to submit the records described in paragraph (1) may satisfy the employment requirement by submitting at least 2 types of reliable documents that provide evidence of employment, including-- (A) bank records; (B) business records; (C) employer records; (D) records of a labor union, day labor center, or organization that assists workers in employment; (E) sworn affidavits from individuals who are not related to the alien and who have direct knowledge of the alien's work, that contain-- (i) the name, address, and telephone number of the affiant; and (ii) the nature and duration of the relationship between the affiant and the alien; and (F) remittance records. (l) Authority To Prohibit Use of Certain Documents.--If the Secretary determines, after publication in the Federal Register and an opportunity for public comment, that any document or class of documents does not reliably establish identity or that permanent resident status on a conditional basis is being obtained fraudulently to an unacceptable degree, the Secretary may prohibit or restrict the use of such document or class of documents. SEC. 7. RULEMAKING. (a) Initial Publication.--Not later than 90 days after the date of the enactment of this Act, the Secretary shall publish regulations implementing this Act in the Federal Register. Such regulations shall allow eligible individuals to immediately apply affirmatively for the relief available under section 3 without being placed in removal proceedings. (b) Interim Regulations.--Notwithstanding section 553 of title 5, United States Code, the regulations published pursuant to subsection (a) shall be effective, on an interim basis, immediately upon publication in the Federal Register, but may be subject to change and revision after public notice and opportunity for a period of public comment. (c) Final Regulations.--Not later than 180 days after the date on which interim regulations are published under this section, the Secretary shall publish final regulations implementing this Act. (d) Paperwork Reduction Act.--The requirements under chapter 35 of title 44, United States Code (commonly known as the ``Paperwork Reduction Act''), shall not apply to any action to implement this Act. SEC. 8. CONFIDENTIALITY OF INFORMATION. (a) In General.--The Secretary may not disclose or use information provided in applications filed under this Act or in requests for DACA for the purpose of immigration enforcement. (b) Referrals Prohibited.--The Secretary may not refer any individual who has been granted permanent resident status on a conditional basis or who was granted DACA to U.S. Immigration and Customs Enforcement, U.S. Customs and Border Protection, or any designee of either such entity. (c) Limited Exception.--Notwithstanding subsections (a) and (b), information provided in an application for permanent resident status on a conditional basis or a request for DACA may be shared with Federal security and law enforcement agencies-- (1) for assistance in the consideration of an application for permanent resident status on a conditional basis; (2) to identify or prevent fraudulent claims; (3) for national security purposes; or (4) for the investigation or prosecution of any felony not related to immigration status. (d) Penalty.--Any person who knowingly uses, publishes, or permits information to be examined in violation of this section shall be fined not more than $10,000. SEC. 9. RESTORATION OF STATE OPTION TO DETERMINE RESIDENCY FOR PURPOSES OF HIGHER EDUCATION BENEFITS. (a) In General.--Section 505 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 1623) is repealed. (b) Effective Date.--The repeal under subsection (a) shall take effect as if included in the original enactment of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (division C of Public Law 104-208; 110 Stat. 3009-546). &lt;all&gt; </pre></body></html>
[ "Immigration", "Administrative law and regulatory procedures", "Administrative remedies", "Citizenship and naturalization", "Department of Homeland Security", "Elementary and secondary education", "Foreign labor", "Government information and archives", "Higher education", "Immigration status and procedures", "Medical tests and diagnostic methods", "Military personnel and dependents", "Preschool education", "State and local government operations", "Student aid and college costs", "User charges and fees", "Visas and passports" ]
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118S366
Democracy in Design Act
[ [ "V000128", "Sen. Van Hollen, Chris [D-MD]", "sponsor" ], [ "L000570", "Sen. Lujan, Ben Ray [D-NM]", "cosponsor" ], [ "B001310", "Sen. Braun, Mike [R-IN]", "cosponsor" ] ]
<p><b>Democracy in Design Act</b> </p> <p>This bill requires the General Services Administration (GSA) to ensure that the design of federal public buildings (e.g., agency office buildings) adheres to the principles of the report titled <i>Guiding Principles for Federal Architecture</i>. </p> <p>The report was published by the Ad Hoc Committee on Federal Office Space on June 1, 1962, and serves as the policy directive for the GSA's Design Excellence Program within its Public Buildings Service. Among other principles, the report prescribes against the development of an official architectural style for government buildings and encourages the government to avoid excessive uniformity in building design.</p> <p>The GSA must issue regulations to implement the amendment made by this bill and to establish minimum standards for the design of public buildings.</p>
<html><body><pre>[Congressional Bills 118th Congress] [From the U.S. Government Publishing Office] [S. 366 Introduced in Senate (IS)] &lt;DOC&gt; 118th CONGRESS 1st Session S. 366 To direct the Administrator of General Services to ensure that the design of public buildings in the United States adheres to the guiding principles for Federal architecture, and for other purposes. _______________________________________________________________________ IN THE SENATE OF THE UNITED STATES February 9, 2023 Mr. Van Hollen (for himself and Mr. Lujan) introduced the following bill; which was read twice and referred to the Committee on Environment and Public Works _______________________________________________________________________ A BILL To direct the Administrator of General Services to ensure that the design of public buildings in the United States adheres to the guiding principles for Federal architecture, and for other purposes. Be it enacted by the Senate 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 in Design Act''. SEC. 2. CONTINUING INVESTIGATION AND SURVEY OF PUBLIC BUILDINGS. (a) In General.--Section 3303 of title 40, United States Code, is amended-- (1) in subsection (a), in the matter preceding paragraph (1), by inserting ``(referred to in this section as the `Administrator')'' after ``Services''; and (2) by adding at the end the following: ``(e) Guiding Principles for Federal Architecture.--The Administrator shall ensure that the design of public buildings in the United States adheres to the principles described in the report published by the Ad Hoc Committee on Federal Office Space entitled `Guiding Principles for Federal Architecture' and dated June 1, 1962.''. (b) Rulemaking.-- (1) In general.--Not later than 180 days after the date of enactment of this Act, the Administrator of General Services shall promulgate such regulations as are necessary-- (A) to implement the amendment made by subsection (a)(2); and (B) to establish minimum standards by which the Administrator of General Services shall design public buildings in the United States. (2) Notice and comment.--The regulations required under paragraph (1) shall be issued after notice and an opportunity for public comment in accordance with the procedure applicable to substantive rules under section 553 of title 5, United States Code. &lt;all&gt; </pre></body></html>
[ "Government Operations and Politics" ]
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118S367
ECON Act
[ [ "R000584", "Sen. Risch, James E. [R-ID]", "sponsor" ] ]
<html><body><pre>[Congressional Bills 118th Congress] [From the U.S. Government Publishing Office] [S. 367 Introduced in Senate (IS)] &lt;DOC&gt; 118th CONGRESS 1st Session S. 367 To promote economic and commercial opportunities internationally, and for other purposes. _______________________________________________________________________ IN THE SENATE OF THE UNITED STATES February 9, 2023 Mr. Risch introduced the following bill; which was read twice and referred to the Committee on Foreign Relations _______________________________________________________________________ A BILL To promote economic and commercial opportunities internationally, and for other 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 ``Economic and Commercial Opportunities and Networks Act of 2023'' or the ``ECON Act''. (b) Table of Contents.--The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. TITLE I--STRENGTHENING THE DEPARTMENT OF STATE ECONOMIC CORPS Sec. 101. Duties of Foreign Service economic officers. Sec. 102. Establishment of new award of excellence for economic officers. Sec. 103. Report on chiefs of mission and deputy chiefs of mission by cone. Sec. 104. Report on recruitment, retention, and promotion of Foreign Service economic officers. Sec. 105. Mandate to revise Department of State metrics for successful economic and commercial diplomacy. TITLE II--UPPING AMERICA'S GAME IN THE FIELD Sec. 201. Chief of Mission economic responsibilities. Sec. 202. Direction to embassy deal teams. Sec. 203. Establishment of a ``Deal Team of the Year'' award. Sec. 204. Economic defense response teams. TITLE III--COOPERATING WITH ALLIES AND PARTNERS Sec. 301. Investing in talent in Southeast Asia and the Pacific Islands. Sec. 302. Regulatory exchanges with allies and partners. Sec. 303. Infrastructure Transaction and Assistance Network. Sec. 304. Digital Connectivity and Cybersecurity Partnership. TITLE IV--BOOSTING INTERNATIONAL TRADE AND INVESTMENT Sec. 401. Pilot program to audit barriers to trade in developing partner countries. Sec. 402. Promoting adoption of United Nations Convention on Assignment of Receivables in International Trade. TITLE V--COMBATING ANTI-COMPETITIVE BEHAVIOR Sec. 501. Predatory pricing by entities owned, controlled, or directed by a foreign state. Sec. 502. Expansion of offense of theft of trade secrets to include unauthorized development of products and digital articles. Sec. 503. Review of petitions related to intellectual property theft and forced technology transfer. TITLE I--STRENGTHENING THE DEPARTMENT OF STATE ECONOMIC CORPS SEC. 101. DUTIES OF FOREIGN SERVICE ECONOMIC OFFICERS. (a) In General.--Chapter 5 of title I of the Foreign Service Act of 1980 (22 U.S.C. 3981 et seq.) is amended by adding at the end the following: ``SEC. 506. DUTIES OF ECONOMIC OFFICERS. ``(a) In General.--The Secretary of State shall direct the economic officers of the Foreign Service-- ``(1) to negotiate agreements with foreign governments and international organizations; ``(2) to inform the Washington, DC, headquarters offices of Federal agencies with respect to the positions of foreign governments and international organizations in negotiations; ``(3) to advance and oversee-- ``(A) the routine implementation and maintenance of economic and commercial agreements; and ``(B) other initiatives in the countries to which such officers are assigned related to improving economic or commercial relations for the benefit of United States persons, including businesses; ``(4) to identify, and help design and execute, in consultation with other Federal agencies, United States policies, programs, and initiatives, including capacity building efforts, to advance policies of foreign governments that improve local economic governance, market-based business environments, and market access, increase trade and investment opportunities, or provide a more level playing field for United States persons, including with respect to-- ``(A) improving revenue collection; ``(B) streamlining customs processes and improving customs transparency and efficiency; ``(C) improving regulatory management; ``(D) improving procurement processes, including facilitating transparency in tendering, bidding, and contact negotiation; ``(E) advancing intellectual property protections; ``(F) eliminating anticompetitive subsidies and improving the transparency of remaining subsidies; ``(G) improving budget management and oversight; and ``(H) strengthening management of important economic sectors; ``(5) to prioritize active support of economic and commercial goals by United States persons abroad, in conjunction with the United States and Foreign Commercial Service (established by section 2301 of the Export Enhancement Act of 1988 (15 U.S.C. 4721)), including by-- ``(A) providing United States persons with leads, information on open tenders, and introductions to relevant contacts within foreign countries; ``(B) assisting United States persons in their dealings with foreign governments and enterprises owned by foreign governments; ``(C) providing United States persons with information and assistance in using all types of United States Government support with respect to international economic matters, including such support provided by the Department of State, the Department of Commerce, the Export-Import Bank of the United States, the United States International Development Finance Corporation, the Trade and Development Agency, the Department of Agriculture, and the Department of the Treasury; and ``(D) receiving feedback from United States persons with respect to support described in subparagraph (C) and reporting that feedback to the chief of mission and to the headquarters of the Department of State; ``(6) to consult closely and regularly with the private sector, as described in section 709 of the Championing American Business through Diplomacy Act (22 U.S.C. 9905); ``(7) to identify and execute opportunities for the United States to counter policies, initiatives, or activities by authoritarian governments or enterprises affiliated with such governments that are anticompetitive or undermine the sovereignty or prosperity of the United States or a partner country; ``(8) to identify and execute opportunities for the United States in new and emerging areas of trade and investment, such as digital trade and investment; ``(9) to monitor the development and implementation of bilateral and multilateral economic agreements and provide recommendations to the Secretary of State and the heads of other relevant Federal agencies with respect to United States actions and initiatives relating to those agreements; ``(10) to maintain complete and accurate records of the performance measurements of the Department for economic and commercial diplomacy activities, as directed by the chief of mission and other senior officials of the Department; ``(11) to report on issues and developments with direct relevance to United States economic and national security interests, especially when accurate, reliable, timely, and cost-effective information is unavailable from non-United States Government sources; and ``(12) to coordinate all activities as necessary and appropriate with counterparts in other agencies. ``(b) Regulatory Updates.--The Secretary of State shall update guidance in the Foreign Affairs Manual and other regulations and guidance as necessary to implement this section. ``(c) United States Person Defined.--In this section, the term `United States person' means-- ``(1) a United States citizen or an alien lawfully admitted for permanent residence to the United States; or ``(2) an entity organized under the laws of the United States or any jurisdiction within the United States, including a foreign branch of such an entity.''. (b) Clerical Amendment.--The table of contents for the Foreign Service Act of 1980 is amended by inserting after the item relating to section 505 the following: ``Sec. 506. Duties of economic officers.''. SEC. 102. ESTABLISHMENT OF NEW AWARD OF EXCELLENCE FOR ECONOMIC OFFICERS. Chapter 6 of the Foreign Service Act of 1980 (22 U.S.C. 4001 et seq.), is amended by adding at the end the following new section: ``SEC. 615. FOREIGN SERVICE AWARDS FOR OUTSTANDING CONTRIBUTIONS TO UNITED STATES ECONOMIC AND COMMERCIAL DIPLOMACY. ``(a) Establishment.--The Secretary of State shall establish an award to recognize outstanding contributions to advancing United States interests in the areas of economic diplomacy or commercial diplomacy. The award shall be known as the `Congressional Award for High Achievement in Economic and Commercial Diplomacy'. ``(b) Award Content.--The recipients of this award shall receive-- ``(1) a certificate signed by the Secretary of State; ``(2) a cash award of $15,000; and ``(3) in the case of Foreign Service employees, inclusion in the next employee evaluation report; or ``(4) in the case of Civil Service employees, inclusion in the next annual performance evaluation. ``(c) Eligibility.--The following individuals are eligible for an award under this section: ``(1) Economic officers in the Foreign Service with at least three years of experience and one overseas posting with responsibilities for United States economic and commercial interests; and ``(2) Civil Service employees with at least three years of experience and with direct responsibility for economic and commercial matters. ``(d) Number of Awardees.--For each fiscal year, the Secretary of State shall award-- ``(1) no fewer than 3 awards and no more than 5 awards to members of the Foreign Service; and ``(2) no fewer than 3 award and no more than 5 awards to Civil Service employees. ``(e) Criteria.--Selection for an award under this section shall be based on-- ``(1) the employee playing a key or decisive role in the establishment or improvement in an overseas market of free and fair market practice or practices; ``(2) the employee playing a key or decisive role in assisting a United States company to achieve a substantial economic, commercial, or investment goal in an overseas market or markets; ``(3) the employee playing a key or decisive role in the expansion of trade or investment ties with another country or countries; ``(4) the employee playing a key or decisive role in the advancement of regional economic integration that has tangible benefits for the United States economy; ``(5) the employee demonstrating excellence in advancing United States interests and partnerships in the digital economy; ``(6) the employee demonstrating excellence in advancing United States interests and partnerships with respect to infrastructure; ``(7) the employee demonstrating excellence in advancing United States interests and partnerships with respect to energy; ``(8) the employee advancing a concrete policy, action, or initiative that counters authoritarian models of economic governance or anti-competitive economic behavior that undermines free markets; or ``(9) any combination of such criteria. ``(f) Restriction.--The Secretary of State shall not provide an award solely on the basis of an employee demonstrating excellence in one of the following activities: ``(1) Providing economic reporting through cables and via other means. ``(2) Writing a Department report or reports on economic matters. ``(g) Authorization of Appropriations.--For each of fiscal years 2024 through 2031, there is authorized to be appropriated to the Department of State $150,000 for the purposes of providing cash awards to recipients of the award established under this section. ``(h) Transmission to Congress.--Not later than the end of the relevant fiscal year, the Secretary of State shall submit the following information to the appropriate congressional committees: ``(1) The name of each awardee. ``(2) The current position and Foreign Service or General Schedule rank of each awardee. ``(3) A description of the basis on which each awardee received the award.''. SEC. 103. REPORT ON CHIEFS OF MISSION AND DEPUTY CHIEFS OF MISSION BY CONE. (a) Report.--Not later than April 1, 2024, and annually thereafter for four years, the Secretary of State shall submit to the appropriate congressional committees a report that includes-- (1) the Foreign Service cone of each current chief of mission and deputy chief of mission (or whoever is acting in the capacity of chief or deputy chief of mission if none is present) for each United States embassy in which there is a Foreign Service office filling either of those positions; and (2) the aggregated global data for chiefs of mission and deputy chiefs of mission by cone. (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. 104. REPORT ON RECRUITMENT, RETENTION, AND PROMOTION OF FOREIGN SERVICE ECONOMIC OFFICERS. (a) In General.--Not later than 180 days after the date of the enactment of this Act, the Secretary of State shall submit to the appropriate congressional committees a report on the recruitment, retention, and promotion of economic officers in the Foreign Service. (b) Elements.--The report required by subsection (a) shall include the following: (1) An overview of the key challenges the Department of State faces in recruiting individuals to serve as economic officers in the Foreign Service. (2) An overview of the key challenges the Department faces in retaining individuals serving as economic officers in the Foreign Service, particularly at the level of GS-14 of the General Schedule and higher. (3) An overview of the key challenges in recruiting and retaining qualified individuals to serve in economic positions in the civil service. (4) A comparison of promotion rates for economic officers in the Foreign Service relative to other officers in the Foreign Service. (5) An identification by region of hard-to-fill posts and proposed incentives to improve staffing of economic officers in the Foreign Service at such posts. (6) A summary and analysis of the factors that lead to the promotion of economic officers in the Foreign Service. (7) A summary and analysis of the factors that lead to the promotion of individuals serving in economic positions in the civil service. (c) Appropriate Congressional Committees Defined.--In this section, the term ``appropriate congressional committees'' means-- (1) the Committee on Foreign Relations and the Committee on Appropriations of the Senate; and (2) the Committee on Foreign Affairs and the Committee on Appropriations of the House of Representatives. SEC. 105. MANDATE TO REVISE DEPARTMENT OF STATE METRICS FOR SUCCESSFUL ECONOMIC AND COMMERCIAL DIPLOMACY. (a) Mandate To Revise Department of State Performance Measures for Economic and Commercial Diplomacy.--The Secretary of State, acting through the Under Secretary for Economic Growth, Energy, and the Environment, shall conduct a full review and revision of Department of State performance measures for economic and commercial diplomacy. The revision shall identify outcome-oriented, and not process-oriented, performance metrics, including metrics that-- (1) measure how Department of State efforts advanced specific economic and commercial objectives and led to successes for the United States or other private sector actors overseas; and (2) that focus on customer satisfaction with Department of State services and assistance. (b) Plan for Ensuring Complete Data for Performance Measures.--As part of the review required under subsection (a), the Secretary of State shall include a plan for ensuring that the Department of State, both at main headquarters and at domestic and overseas posts, maintains and fully updates data on performance measures to ensure that Department of State leadership and the appropriate congressional committees can evaluate the extent to which the Department is advancing United States economic and commercial interests abroad through meeting performance targets. (c) Report on Private Sector Surveys.--The Secretary of State, acting through the Under Secretary for Economic Growth, Energy, and the Environment, shall prepare a report that lists and describes any and all methods through which the Department of State conducts surveys of the private sector to measure private sector satisfaction with assistance and services provided by the Department of State to advance private sector economic and commercial goals in foreign markets. (d) Transmission to Congress.-- (1) Report.--Not later than 180 days after the date of the enactment of this Act, the Secretary of State shall submit to the appropriate congressional committees the revised performance metrics required under subsection (b) and the report required under subsection (d). (2) Briefing.--Not later than 30 days after the report submissions required under paragraph (1), the Under Secretary for Economic Growth, Energy, and the Environment shall brief the appropriate congressional committees. (e) Appropriate Congressional Committees.--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. TITLE II--UPPING AMERICA'S GAME IN THE FIELD SEC. 201. CHIEF OF MISSION ECONOMIC RESPONSIBILITIES. Section 207 of the Foreign Service Act of 1980 (22 U.S.C. 3927) is amended by adding at the end the following new subsection: ``(e) Embassy Economic Team.-- ``(1) Coordination and supervision responsibility.--The chief of mission shall have responsibility for coordinating and supervising the implementation of all United States economic policy interests within the host country, among all United States Government departments and agencies present in that country. ``(2) Accountability.--The chief of mission shall be held accountable for the performance of United States missions in advancing United States economic policy interests within the host country, including the activities and initiatives of all United States Government departments and agencies present in that country. ``(3) Mission economic team.--The chief of mission shall form an economic team made up of appropriate embassy staff with responsibility for-- ``(A) monitoring notable economic developments in the host country; and ``(B) developing plans and strategies for advancing United States economic and commercial interests in the host country including-- ``(i) tracking legislative, regulatory, judicial, and policy developments that could affect United States economic interests; ``(ii) advocating for best practices with respect to policy and regulatory developments; ``(iii) conducting a regular analysis of market systems, trends, prospects, and opportunities for value-addition, including risk assessments and constraints analyses of key sectors and of United States strategic competitiveness, and other reporting on commercial opportunities and investment climate; and ``(iv) providing recommendations for responding to such developments that may adversely affect United States economic and commercial interests.''. SEC. 202. DIRECTION TO EMBASSY DEAL TEAMS. (a) Purposes.--The purposes of deal teams at United States embassies and consulates are-- (1) to promote a private sector-led approach to advance economic growth and job creation, tailored as appropriate to specific economic sectors and while advancing strategic partnerships; (2) to prioritize efforts to identify commercial opportunities, advocate for improvements in the business and investment climate, engage and consult with private sector partners, and report on such activities, in compliance with the applicable requirements of the Championing American Business Through Diplomacy Act of 2019 (title VII of division J of Public Law 116-94; 22 U.S.C. 9901 et seq.); (3) to identify trade and investment opportunities for United States companies in foreign markets, or assist with existing trade and investment opportunities already identified by United States companies, and deploy United States Government economic and other tools to help such United States companies to secure their objectives; (4) to identify and facilitate opportunities for entities in a host country to increase exports to or investment in the United States in order to grow two-way trade and investment; (5) to modernize, streamline, and improve access to resources and services designed to promote increased trade and investment opportunities; (6) to identify and secure United States or allied government support, including through the Strategic Infrastructure Fund authorized under section 303(c), of strategic projects, including projects vulnerable to predatory investment by an authoritarian country or entity in such country, where support or investment serves an important United States interest; (7) to coordinate across the Unites States Government to ensure the appropriate and most effective use of United States Government tools to support United States economic and commercial objectives; and (8) to coordinate with the Central Deal Team located in the United States on all these and other relevant matters. (b) Clarification.--A deal team may, but does not have to, consist of the same personnel as a mission economic team formed pursuant to subsection (e)(3) of section 207 of the Foreign Service Act of 1980 (22 U.S.C. 3927), as added by section 201 of this Act. (c) Restrictions.--Deal teams may not provide support for, or assist a United States person with a transaction with, a government, or an entity owned or controlled by a government, if the Secretary of State has determined that the government-- (1) has repeatedly provided support for acts of international terrorism for purposes of-- (A) section 1754(c)(1)(A)(i) of the Export Control Reform Act of 2018 (subtitle B of title XVII of Public Law 115-232); (B) section 620A(a) of the Foreign Assistance Act of 1961 (22 U.S.C. 2371(a)); (C) section 40(d) of the Arms Export Control Act (22 U.S.C. 2780(d)); or (D) any other relevant provision of law; or (2) has engaged in a consistent pattern of gross violations of internationally recognized human rights for purposes of section 116(a) or 502B(a)(2) of the Foreign Assistance Act of 1961 (22 U.S.C. 2151n(a) and 2304(a)(2)) or any other relevant provision of law. (d) Further Restrictions.-- (1) Prohibition on support of sanctioned persons.--Deal teams may not carry out activities prohibited under United States sanctions laws or regulations, including dealings with persons on the list of specially designated persons and blocked persons maintained by the Office of Foreign Assets Control of the Department of the Treasury, except to the extent otherwise authorized by the Secretary of the Treasury or the Secretary of State. (2) Prohibition on support of activities subject to sanctions.--Any person receiving support from a deal team must be in compliance with all United States sanctions laws and regulations as a condition for receiving such assistance. (e) Chief of Mission Authority and Accountability.--The chief of mission is the designated leader of a deal team in a given partner country, and shall be held accountable for the performance and effectiveness of United States deal teams in that country. (f) Annual Guidance Cable.--Not later than January 31 each year, the Secretary of State shall send an All Diplomatic and Consular Posts (ALDAC) guidance cable on the role of deal teams that includes relevant and up-to-date information to enhance the effectiveness of deal teams in-country. (g) Additional Guidance Cables.--The requirement of an annual ALDAC shall not be construed to preclude the Secretary of State from sending other communications to overseas posts regarding deal teams. (h) Certification.--Not later than February 10 of each year, the Secretary of State shall certify to Congress that the cable required under subsection (f) was transmitted as an All Diplomatic and Consular Posts (ALDAC) cable, and shall provide a brief summary of the cable, including any major updates or changes compared with the prior annual guidance cable. (i) Report.--Concurrently with the certification required under subsection (h), the Secretary of State shall submit an unclassified report to the appropriate congressional committees on the activities, achievements, and failures of deal teams, which shall include-- (1) a description of the nature and extent of coordination among relevant Federal departments and agencies; (2) the dollar value of deals successfully completed by deal teams, disaggregated by country; (3) the number of United States companies assisted by deal teams who achieved their objectives; (4) the percentage of United States companies assisted by deal teams who achieved their objectives; (5) a description of any exports to or investment into the United States by partner countries facilitated by deal teams; (6) examples of successful investments, deals, or transactions in the infrastructure, energy, and digital sectors; (7) examples where deal team support prevented predatory financing or other involvement by an authoritarian actor; and (8) examples of failures of deal teams to achieve stated objectives, any lessons learned, and how deal teams will improve based on those lessons learned. (j) Confidentiality of Information.-- (1) In general.--In preparing the certification and the report required under this section, the Secretary of State shall protect from disclosure any proprietary information of a United States person marked as business confidential information, unless the person submitting the information-- (A) had notice, at the time of submission, that the information would be released by; or (B) subsequently consents to the release of the information. (2) Treatment as trade secrets.--Proprietary information obtained by the United States Government from a United States person pursuant to the activities of deal teams shall be-- (A) considered to be trade secrets and commercial or financial information (as those terms are used for purposes of section 552b(c)(4) of title 5, United States Code); and (B) exempt from disclosure without the express approval of the person. (k) Sunset.--The requirements under subsections (f) through (h) shall terminate five years after the date of the enactment of this Act. SEC. 203. ESTABLISHMENT OF A ``DEAL TEAM OF THE YEAR'' AWARD. (a) Establishment.--The Secretary of State shall establish a new award to be awarded to one deal team per region at a United States mission annually to recognize outstanding achievements in supporting a United States company or companies pursuing commercial deals abroad or in identifying new deal prospects for United States companies. The award shall be known as the ``Deal Team of the Year Award''. (b) Award Content.-- (1) Department of state.--Each member of a deal team receiving an award pursuant to this section shall receive a certificate that is signed by the Secretary of State and-- (A) in the case of a member of the Foreign Service, is included in the next employee evaluation report; or (B) in the case of a Civil Service employee, is included in the next annual performance review. (2) Other federal agencies.--In the case of a United States Government employee that is not employed by the Department of State, the employing agency may determine whether to provide the employee receiving an award under this section any recognition or benefits in addition to those provided by the Department of State. (c) Eligibility.--Any interagency economics team at a United States overseas mission under chief of mission authority that assists United States companies with identifying, navigating, and securing trade and investment opportunities in a foreign country, or that facilitates beneficial foreign investment into the United States is eligible for an award under this section. (d) Transmission to Congress.--Not later than the end of the relevant fiscal year, the Secretary of State shall submit the following information to the appropriate congressional committees: (1) The mission receiving the ``Deal Team of the Year Award''. (2) The names and agencies of each awardee within the deal team. (3) A detailed description of the reason the deal team received the award. SEC. 204. ECONOMIC DEFENSE RESPONSE TEAMS. (a) Pilot Program.--Not later than 180 days after the date of the enactment of this Act, the President, acting through the Secretary of State, who shall coordinate with other relevant Federal departments and agencies, shall develop and implement a pilot program for the creation of deployable economic defense response teams to help provide targeted assistance and support to a country subjected to an urgent or specific threat or use of coercive economic practices by an adversary of the United States. Such assistance and support may include the following activities: (1) Reducing the partner country's vulnerability to coercive economic measures. (2) Minimizing the damage that such measures by an adversary could cause to that country. (3) Identifying sectors most susceptible to coercive economic behavior and providing suggested tools and strategies for an action plan. (4) Implementing any bilateral or multilateral contingency plans that may exist for responding to the threat or use of such measures. (5) In coordination with the partner country, developing or improving plans and strategies by the country for reducing vulnerabilities and improving responses to such measures in the future. (6) Assisting the partner country in addressing foreign sovereign investment in infrastructure, the defense-industrial base, digital sector, or other strategic sectors that may undermine the partner country's sovereignty or harm United States national interests. (7) Assisting the partner country in responding to specific efforts from an adversary attempting to employ coercive economic practices that undermine the partner country's sovereignty, including efforts that undermine cybersecurity or digital infrastructure of the partner country or initiatives that introduce digital technologies in a manner that undermines freedom, security, and sovereignty of the partner country or its citizens. (8) Otherwise providing direct and relevant short-to-medium term economic or other assistance from the United States and marshalling other resources in support of effective responses to coercive economic practices. (b) Institutional Support.--The pilot program required by subsection (a) should include the following elements: (1) Identification and designation of relevant personnel or ongoing lines of effort within the United States Government with expertise relevant to the objectives specified in subsection (a), including personnel in-- (A) the Department of State, for overseeing the economic defense response team's activities, engaging with the partner country government and other stakeholders, and other purposes relevant to advancing the success of the mission of the economic defense response team; (B) the United States Agency for International Development, for the purposes of providing technical and other assistance, generally; (C) the Department of the Treasury, for the purposes of providing advisory support and assistance on all financial matters and fiscal implications of the crisis at hand; (D) the Department of Commerce, for the purposes of providing economic analysis and assistance in market development relevant to the partner country's response to the crisis at hand, technology security as appropriate, and other matters that may be relevant; (E) the Department of Energy, for the purposes of providing advisory services and technical assistance with respect to energy needs as affected by the crisis at hand; (F) the Department of Homeland Security, for the purposes of providing assistance with respect to digital and cybersecurity matters, and assisting in the development of any contingency plans referred to in paragraphs (3) and (6) of subsection (a) as appropriate; (G) the Department of Agriculture, for providing advisory and other assistance with respect to responding to coercive practices such as arbitrary market closures that affect the partner country's agricultural sector; (H) the Office of the United States Trade Representative with respect to providing support and guidance on trade and investment matters; (I) the Department of Defense with respect to providing support or assistance on defense sector, transportation infrastructure, and national security- sensitive technologies; and (J) other Federal departments and agencies as determined by the President. (2) Negotiation of memoranda of understanding, where appropriate, with other United States Government components for the provision of any relevant participating or detailed non- Department of State personnel identified under paragraph (1). (3) Negotiation of contracts, as appropriate, with private sector representatives or other individuals with relevant expertise to advance the objectives specified in subsection (a). (4) Development within the United States Government of-- (A) appropriate training curricula for relevant experts identified under paragraph (1) and for United States diplomatic personnel in a country actually or potentially threatened by coercive economic practices; (B) operational procedures and appropriate protocols for the rapid assembly of such experts into one or more teams for deployment to a country actually or potentially threatened by coercive economic measures; and (C) procedures for ensuring appropriate support for such teams, including, as applicable, logistical assistance, office space, information support, and communications. (5) Clear direction to United States diplomatic missions on the rapid and effective deployment of such teams, if necessary, and the establishment of appropriate liaison relationships with local public and private sector officials and entities. (c) Reports Required.-- (1) Report on establishment.--Upon establishment of the pilot program required by subsection (a), the Secretary of State shall provide the appropriate committees of Congress with a detailed report and briefing describing the pilot program, the major elements of the program, the personnel and institutions involved, and the degree to which the program incorporates the elements described in subsection (a). (2) Follow-up report.--Not later than one year after the report required by paragraph (1), the Secretary of State shall provide the appropriate committees of Congress with a detailed report and briefing describing the operations over the previous year of the pilot program established pursuant to subsection (a), as well as the Secretary's assessment of its performance and suitability for becoming a permanent program. (3) Form.--Each report required under this subsection shall be submitted in unclassified form, but may include a classified annex. (d) Declaration of a Major Economic Threat Required.-- (1) Notification.--The President may activate an economic defense response team for a period of 180 days under the authorities of this section to assist a partner country in responding to an unusual and extraordinary economic coercive threat by an adversary of the United States upon the declaration of a coercive economic emergency, together with notification to the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives. (2) Extension authority.--The President may activate the response team for an additional 180 days upon the submission of a detailed analysis to the committees described in paragraph (1) justifying why the continued deployment of the economic defense response team in response to the economic emergency is in the national interests of the United States. (e) Sunset.--The authorities provided under this section shall expire on December 31, 2027. (f) Authorization of Appropriations.--There is authorized to be appropriated $20,000,000 for each of fiscal years 2024 through 2028. (g) Rule of Construction.--Neither the authority to declare an economic crisis provided for in subsection (d), nor the declaration of an economic crisis pursuant to subsection (d), shall confer or be construed to confer any authority, power, duty, or responsibility to the President other than the authority to activate an economic defense response team as described in this section. (h) 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, the Committee on Commerce, Science, and Transportation, the Committee on Energy and Natural Resources, the Committee on Agriculture, Nutrition, and Forestry, the Committee on Armed Services, and the Committee on Finance of the Senate; and (2) the Committee on Foreign Affairs, the Committee on Financial Services, the Committee on Energy and Commerce, the Committee on Agriculture, the Committee on Armed Services, and the Committee on Ways and Means of the House of Representatives. TITLE III--COOPERATING WITH ALLIES AND PARTNERS SEC. 301. INVESTING IN TALENT IN SOUTHEAST ASIA AND THE PACIFIC ISLANDS. (a) Definitions.--In this section: (1) Appropriate congressional committees.--The term ``appropriate congressional committees'' means-- (A) the Committee on Foreign Relations and the Committee on Appropriations of the Senate; and (B) the Committee on Foreign Affairs and the Committee on Appropriations of the House of Representatives. (2) Pacific islands.--The term ``Pacific Islands'' means the nations of Federated States of Micronesia, Fiji, Kiribati, Nauru, Palau, Papua New Guinea, Republic of Marshall Islands, Samoa, Solomon Islands, Tonga, Tuvalu, and Vanuatu. (3) Southeast asia.--The term ``Southeast Asia'' means the nations of Brunei Darussalam, Cambodia, Indonesia, Lao PDR, Malaysia, Myanmar, the Philippines, Singapore, Thailand, Vietnam, and Timor-Leste. (b) Establishment of Center of Excellence.--The Secretary, in coordination with the heads of relevant Federal departments and agencies, is authorized to enter into public-private partnerships and establish a center of excellence located in a Southeast Asian country to build and enhance the technical capacity of officials, emerging leaders, and other qualified persons from countries in Southeast Asia and the Pacific Islands. (c) Priority Areas for Technical Assistance and Capacity Building.--The center of excellence established under subsection (b) will provide technical assistance and capacity building in the following areas: (1) Revenue, customs, and income. (2) Regulatory management. (3) Procurement processes, including tendering, bidding, and contract negotiation. (4) Budget management and oversight. (5) Management of key economic sectors, including energy, digital economy, and infrastructure. (d) Terms and Conditions.--The program authorized under this section shall-- (1) leverage existing United States foreign assistance programs and activities in Southeast Asia and the Pacific Islands, which may include assistance provided under-- (A) future leaders initiatives, such as the Young Southeast Asia Leaders Initiative and the Young Pacific Leaders Program; (B) the American Schools and Hospitals Abroad Act (22 U.S.C. 2174); (C) the Millennium Challenge Act of 2003 (22 U.S.C. 7701); (D) U.S.-Support for Economic Growth in Asia (US- SEGA); and (E) other relevant education or scholarship programs; (2) be supported by instructors that-- (A)(i) currently serve in relevant areas of the United States Government with a rank of not less than 12 on the GS scale; or (ii) possess at least ten years of experience relevant to the areas of instruction identified in subsection (c); (B) meet high professional standards within their fields; and (C) are contracted by the center of excellence established under subsection (b) or are deployed or detailed directly from a Federal Government agency; (3) seek to attract participants who-- (A)(i) are currently senior or mid-career officials in key technical ministries of participating countries in Southeast Asia or the Pacific Islands; (ii) have demonstrated leadership potential and direct responsibility for crafting or implementing policies relevant to the areas of instruction identified in subsection (c); and (iii) commit to return to government service for a period of not less than five years after completing the program outlined in this section; or (B) are currently employed in utilities, publicly or privately owned companies, or other non-government entities with direct responsibility for crafting or implementing policies relevant to the areas of instruction identified in subsection (c); and (4) require financial or in-kind contributions from participating governments, commensurate with the gross domestic product of the countries. (e) Authorization To Enter Into Memoranda of Understanding.--To fulfill the terms and conditions specified by subsection (d), the Secretary of State is authorized to enter into memoranda of understanding with participating governments to determine what financial or in-kind contributions will be made by the United States and what financial or in-kind contributions will be made by the participating government. (f) Specification for Memoranda of Understanding.--The value of financial or in-kind contributions by the United States and a particular participating government shall be determined and audited by an independent entity chosen by mutual agreement of the United States and such government. (g) Consultation and Reporting Requirements.-- (1) Consultation.--The Secretary shall consult with the appropriate congressional committees prior to the obligation of funds authorized to be appropriated under this Act. (2) Consultation on expansion outside southeast asia and the pacific islands.--The Secretary shall consult with the appropriate congressional committees prior to expanding the availability of this program to nations outside of Southeast Asia and the Pacific Islands. (3) Annual report.--The Secretary shall submit to the appropriate congressional committees an annual report on the activities of the program authorized under this subsection through fiscal year 2026. The report shall include-- (A) a description of all major activities in the previous year; (B) a description of the financial and other contributions of the United States Government; (C) a description of the contributions made by governments in Southeast Asia or the Pacific Islands; (D) an assessment of the program's successes; and (E) an assessment of any required authorities, funding, or other alterations to improve the program's effectiveness. (h) Authorization of Appropriations.--There is authorized to be appropriated $15,000,000 for each of fiscal years 2024 through 2028 to carry out this section. SEC. 302. REGULATORY EXCHANGES WITH ALLIES AND PARTNERS. (a) In General.--The Secretary of State, in coordination with the heads of other participating Federal agencies, shall establish and develop a program to facilitate and encourage regular dialogues between United States Government regulatory and technical agencies and their counterpart organizations in allied and partner countries, both bilaterally and in relevant multilateral institutions and organizations-- (1) to promote best practices in regulatory formation and implementation; (2) to collaborate to achieve optimal regulatory outcomes based on scientific, technical, and other relevant principles; (3) to seek better harmonization and alignment of regulations and regulatory practices; (4) to build consensus around industry and technical standards in emerging sectors that will drive future global economic growth and commerce; and (5) to promote United States standards regarding environmental, labor, and other relevant protections in regulatory formation and implementation, in keeping with the values of free and open societies, including the rule of law. (b) Prioritization of Activities.--In facilitating expert exchanges under subsection (a), the Secretary shall prioritize-- (1) bilateral coordination and collaboration with countries where greater regulatory coherence, harmonization of standards, or communication and dialogue between technical agencies is achievable and best advances the economic and national security interests of the United States; (2) multilateral coordination and collaboration where greater regulatory coherence, harmonization of standards, or dialogue on other relevant regulatory matters is achievable and best advances the economic and national security interests of the United States, including with-- (A) the European Union; (B) the Asia-Pacific Economic Cooperation; (C) the Association of Southeast Asian Nations (ASEAN); (D) the Organization for Economic Cooperation and Development (OECD); and (E) multilateral development banks; and (3) regulatory practices and standards-setting bodies focused on key economic sectors and emerging technologies. (c) Participation by Nongovernmental Entities.--With regard to the program described in subsection (a), the Secretary of State may facilitate, including through the use of amounts appropriated pursuant to subsection (e), the participation of private sector representatives, and other relevant organizations and individuals with relevant expertise, as appropriate and to the extent that such participation advances the goals of such program. (d) Delegation of Authority by the Secretary.--The Secretary of State is authorized to delegate the responsibilities described in this section to the Under Secretary of State for Economic Growth, Energy, and the Environment. (e) Authorization of Appropriations.-- (1) In general.--There is authorized to be appropriated $2,500,000 for each of fiscal years 2024 through 2028 to carry out this section. (2) Use of funds.--The Secretary may make available amounts appropriated pursuant to paragraph (1) in a manner that-- (A) facilitates participation by representatives from technical agencies within the United States Government and their counterparts; and (B) complies with applicable procedural requirements under the State Department Basic Authorities Act of 1956 (22 U.S.C. 2651a et seq.) and the Foreign Assistance Act of 1961 (22 U.S.C. 2151 et seq.). SEC. 303. INFRASTRUCTURE TRANSACTION AND ASSISTANCE NETWORK. (a) Authority.--The Secretary of State is authorized to establish an initiative, to be known as the ``Infrastructure Transaction and Assistance Network'', under which the Secretary of State, in consultation with other relevant Federal agencies, may carry out various programs to advance the development of sustainable, transparent, and high-quality infrastructure in the Indo-Pacific region by-- (1) strengthening capacity-building programs to improve project evaluation processes, regulatory and procurement environments, and project preparation capacity of countries that are partners of the United States in such development; (2) providing transaction advisory services and project preparation assistance to support sustainable infrastructure; and (3) coordinating the provision of United States assistance for the development of infrastructure, including infrastructure that utilizes United States-manufactured goods and services, and catalyzing investment led by the private sector. (b) Transaction Advisory Fund.--As part of the ``Infrastructure Transaction and Assistance Network'' described under subsection (a), the Secretary of State is authorized to provide support, including through the Transaction Advisory Fund, for advisory services to help boost the capacity of partner countries to evaluate contracts and assess financial, environmental, or other relevant impacts of potential infrastructure projects, including through providing services such as-- (1) legal services; (2) project preparation and feasibility studies; (3) debt sustainability analyses; (4) bid or proposal evaluation; and (5) other services relevant to advancing the development of sustainable, transparent, and high-quality infrastructure. (c) Strategic Infrastructure Fund.-- (1) In general.--As part of the ``Infrastructure Transaction and Assistance Network'' described under subsection (a), the Secretary of State is authorized to provide support, including through the Strategic Infrastructure Fund, for technical assistance, project preparation, pipeline development, and other infrastructure project support. (2) Joint infrastructure projects.--Funds authorized for the Strategic Infrastructure Fund should be used in coordination with the Department of Defense, the International Development Finance Corporation, like-minded donor partners, and multilateral banks, as appropriate, to support joint infrastructure projects in the Indo-Pacific region. (3) Strategic infrastructure projects.--Funds authorized for the Strategic Infrastructure Fund should be used to support strategic infrastructure projects that are in the national security interest of the United States and vulnerable to strategic competitors. (d) Authorization of Appropriations.--There is authorized to be appropriated, for each of fiscal years 2024 to 2028, $75,000,000 to the Infrastructure Transaction and Assistance Network, of which $20,000,000 is to be provided for the Transaction Advisory Fund. SEC. 304. DIGITAL CONNECTIVITY AND CYBERSECURITY PARTNERSHIP. (a) Digital Connectivity and Cybersecurity Partnership.--The Secretary of State is authorized to establish a program, to be known as the ``Digital Connectivity and Cybersecurity Partnership'' to help foreign countries-- (1) expand and increase secure internet access and digital infrastructure in emerging markets; (2) protect technological assets, including data; (3) adopt policies and regulatory positions that foster and encourage open, interoperable, reliable, and secure internet, the free flow of data, multi-stakeholder models of internet governance, and pro-competitive and secure information and communications technology (ICT) policies and regulations; (4) promote exports of United States ICT goods and services and increase United States company market share in target markets; (5) promote the diversification of ICT goods and supply chain services to be less reliant on imports from the People's Republic of China; and (6) build cybersecurity capacity, expand interoperability, and promote best practices for a national approach to cybersecurity. (b) Implementation Plan.--Not later than 180 days after the date of the enactment of this Act, the Secretary of State shall submit to the appropriate committees of Congress an implementation plan for the coming year to advance the goals identified in subsection (a). (c) Consultation.--In developing the action plan required by subsection (b), the Secretary of State shall consult with-- (1) the appropriate congressional committees; (2) leaders of the United States industry; (3) other relevant technology experts, including the Open Technology Fund; (4) representatives from relevant United States Government agencies; and (5) representatives from like-minded allies and partners. (d) Briefing Requirement.--Not later than 180 days after the date of the enactment of this Act, and annually thereafter for five years, the Secretary of State shall provide the appropriate congressional committees a briefing on the implementation of the plan required by subsection (b). (e) Authorization of Appropriations.--There is authorized to be appropriated $100,000,000 for each of fiscal years 2024 through 2028 to carry out this section. TITLE IV--BOOSTING INTERNATIONAL TRADE AND INVESTMENT SEC. 401. PILOT PROGRAM TO AUDIT BARRIERS TO TRADE IN DEVELOPING PARTNER COUNTRIES. (a) Establishment.--The Secretary of State shall establish a pilot program-- (1) to identify and evaluate barriers to trade and investment in developing countries that are partners of the United States; and (2) to provide assistance relating to trade capacity building and trade facilitation to those countries. (b) Purposes.--Under the pilot program established under subsection (a), the Secretary shall, in partnership with the countries selected under subsection (c)(1) to participate in the pilot program-- (1) identify barriers in those countries to enhancing international trade and investment with the goal of setting priorities for the efficient use of United States trade-related assistance; (2) focus United States trade-related assistance on building self-sustaining institutional capacity for expanding international trade in those countries, consistent with international obligations and commitments; and (3) further the national interests of the United States by-- (A) expanding prosperity through the elimination of foreign barriers to trade and investment; (B) assisting the countries selected under subsection (c)(1) to identify and reduce barriers to-- (i) the movement of goods in international commerce; and (ii) foreign investment; (C) assisting those countries in undertaking reforms that will encourage economic engagement and sustainable development; and (D) assisting private sector entities in those countries to engage in reform efforts and enhance productive global supply chain partnerships with the United States and allies and partners of the United States. (c) Selection of Countries.-- (1) In general.--The Secretary shall select countries for participation in the pilot program under subsection (a) from among countries-- (A) that are developing countries and partners of the United States; (B) the governments of which have clearly demonstrated a willingness to make appropriate legal, policy, and regulatory reforms by adopting internationally recognized best practices that are proven to stimulate economic growth and job creation, consistent with international trade rules and practices; and (C) that meet such additional criteria as may be established jointly by the Secretary and the Administrator of the United States Agency for International Development. (2) Considerations for additional criteria.--In establishing additional criteria under paragraph (1)(C), the Secretary and the Administrator shall-- (A) identify and address structural weaknesses, systemic flaws, or other impediments within countries that may be considered for participation in the pilot program under subsection (a) that impact the effectiveness of United States trade-related assistance and make recommendations for addressing those weaknesses, flaws, and impediments; (B) set priorities for trade capacity building to focus resources on countries where the provision of trade-related assistance can deliver the best value in identifying and eliminating barriers to trade and investment, including by fostering adherence to international trade obligations; and (C) developing appropriate performance measures and establishing annual targets to monitor and assess progress toward those targets, including measures to be used to terminate the provision of assistance determined to be ineffective. (3) Number and deadline for selections.-- (A) In general.--Not later than 270 days after the date of the enactment of this Act, and annually thereafter, the Secretary, with the concurrence of the United States Trade Representative and the Administrator, shall select countries under paragraph (1) for participation in the pilot program under subsection (a). (B) Number.--The Secretary shall select for participation in the pilot program under subsection (a)-- (i) not fewer than 5 countries during the one-year period beginning on the date of the enactment of this Act; and (ii) not fewer than 15 countries during the 5-year period beginning on such date of enactment. (4) Prioritization based on recommendations from chiefs of mission.--In selecting countries under paragraph (1) for participation in the pilot program under subsection (a), the Secretary, with the concurrence of the Trade Representative and the Administrator, shall prioritize countries recommended by chiefs of mission that-- (A) will be able to substantially benefit from expanded United States trade-related assistance; and (B) the governments of which have demonstrated the political will to effectively and sustainably implement such assistance. (d) Evaluation of Areas of Cooperation.--In carrying out the pilot program established under subsection (a), the Secretary of State shall use the principal trade negotiating objectives set forth in section 102(b) of the Bipartisan Congressional Trade Priorities and Accountability Act of 2015 (19 U.S.C. 4201(b)) to determine areas of cooperation with a country selected under subsection (c)(1) to participate in the pilot program. (e) Plans of Action.-- (1) In general.--The Administrator, in coordination with the Secretary, shall lead efforts to engage relevant officials of each country selected under subsection (c)(1) to participate in the pilot program under subsection (a) with respect to the development of a plan of action to promote conditions favorable for business and commercial development and economic and job growth in the country. (2) Analysis required.--The development of a plan of action under paragraph (1) shall include a comprehensive analysis of relevant legal, policy, and regulatory constraints to economic and job growth in that country. (3) Elements.--A plan of action developed under paragraph (1) for a country shall include the following: (A) Priorities for reform agreed to by the government of that country and the United States. (B) Clearly defined policy responses, including regulatory and legal reforms, as necessary, to achieve improvement in the business and commercial environment in the country. (C) Identification of the anticipated costs to establish and implement the plan. (D) Identification of appropriate sequencing and phasing of implementation of the plan to create cumulative benefits, as appropriate. (E) Identification of best practices and standards. (F) Considerations with respect to how to make the policy reform investments under the plan long-lasting. (G) Appropriate consultation with affected stakeholders in that country and in the United States. (f) Termination.--The pilot program established under subsection (a) shall terminate on the date that is 5 years after the date of the enactment of this Act. SEC. 402. PROMOTING ADOPTION OF UNITED NATIONS CONVENTION ON ASSIGNMENT OF RECEIVABLES IN INTERNATIONAL TRADE. (a) Findings.--Congress makes the following findings: (1) The United Nations Convention on the Assignment of Receivables in International Trade, done at New York December 12, 2001, and signed by the United States on December 30, 2003 (in this section referred to as the ``Convention''), establishes uniform international rules governing a form of financing widely used in the United States involving the assignment of receivables. (2) Receivables financing is an important tool in helping United States businesses secure working capital financing. Within the United States, lenders and buyers of receivables provide financing based on the use of receivables from debtors located within the United States as working capital collateral. (3) Receivables financing occurs in transactions in which businesses either sell their rights to payments from their customers (known as ``receivables'') to a bank or other financial institution, or use their rights to those payments as collateral for a loan from a lender. The businesses selling or using their receivables as collateral are referred to as ``assignors'' and buyers and lenders are referred to as ``assignees''. (4) Many countries, however, do not have the kinds of modern commercial finance laws on the assignment of receivables required to implement the Convention. (5) United States-based lenders are less willing to make loans secured by receivables owed by debtors located outside the United States, as such cross-border transactions may involve countries the laws of which are inconsistent with modern financial practices. (6) Because of the risk, cost, and uncertainty created by receivables financing laws in other countries, which vary greatly or can be vague or unpredictable, the ability of small and medium-sized United States businesses to access financing from lenders using international accounts receivables derived from exports or other cross-border transactions is severely limited. (7) Expanded access to receivables financing in international trade, which the Convention would promote, will provide United States businesses with an additional source of capital at no cost to the United States taxpayer, benefitting small and medium-sized businesses that use receivables financing. (8) The Convention is consistent with article 9 of the United States Uniform Commercial Code, as adopted by all 50 States, the District of Columbia, and the territories of Puerto Rico and the Virgin Islands. (9) The Convention includes extensive rules on the use of receivables to finance operations, using receivables as collateral, and how to resolve potential conflicts of law arising from the use of receivables. (10) Adoption of the Convention would establish more predictability and uniformity with respect to receivables financing in cross-border transactions, thereby opening up new opportunities for trade and economic growth between the United States and its partners in the developing world. (11) The Senate consented to ratification of the Convention in January 2019. (12) The President ratified the Convention in October 2019. (b) Sense of the Senate.--It is the sense of the Senate that the Secretary of State should, in the regular course of economic dialogues with developing countries that are partners of the United States, promote the adoption and implementation of the Convention as an important tool-- (1) to help attract foreign investment to and trade with such countries; and (2) to establish a predictable, rules-based framework that can help such countries create additional sources of capital at no cost, benefitting small and medium-sized businesses that use receivables financing. TITLE V--COMBATING ANTI-COMPETITIVE BEHAVIOR SEC. 501. PREDATORY PRICING BY ENTITIES OWNED, CONTROLLED, OR DIRECTED BY A FOREIGN STATE. (a) Prohibited Acts.-- (1) In general.--No entity owned, controlled, or directed by a foreign state or an agent or instrumentality of a foreign state (as defined in section 1603 of title 28, United States Code) and participating in international commerce may establish or set prices below the average variable cost in a manner that may foreseeably harm competition. (2) Economic support.--In determining the average variable cost under paragraph (1), the court may take into account the effects of economic support provided by the owning or controlling foreign state to the entity on a discriminatory basis that may allow the entity to unfairly price at or below marginal cost. (3) Government subsidies.--In determining the foreseeability of the elimination of market competitors under paragraph (1), the court may take into account the aggravating factor of the actions of the foreign state owning or controlling the entity referred to in such paragraph to use government resources to subsidize or underwrite the losses of the entity in a manner that allows the entity to sustain the predatory period and recoup its losses. (4) Market power not required.--For the purpose of establishing the elements of (a)(1), the plaintiff shall not be required to demonstrate that the defendant has monopoly or market power. (b) Recovery of Damages.--Any person (as defined in section 1(a) of the Clayton Act (15 U.S.C. 12(a)) whose business or property is injured as a result of the actions of an entity described in subsection (a) shall be entitled to recovery from the defendant for damages and other related costs under section 4 of such Act (15 U.S.C. 15). (c) Elements of Prima Facie Case.--A plaintiff may initiate a claim against a defendant in an appropriate Federal court for a violation of subsection (a) in order to recover damages under subsection (b) by-- (1) establishing, by a preponderance of the evidence, that the defendant-- (A) is a foreign state or an agency or instrumentality of a foreign state (as defined in section 1603 of title 28, United States Code); and (B) is not immune from the jurisdiction of the Federal court pursuant to section 1605(a)(2) of title 28, United States Code; and (2) setting forth sufficient evidence to establish a reasonable inference that the defendant has violated subsection (a). (d) Court Determination Leading to Evidentiary Burden Shifting to Defendant.--If a Federal court finds that a plaintiff has met its burden of proof under subsection (c), the court may determine that-- (1) the plaintiff has established a prima facie case that the conduct of the defendant is in violation of subsection (a); and (2) the defendant has the burden of rebutting such case by establishing that the defendant is not in violation of subsection (a). (e) Filing of Amicus Briefs by the Department of State and Department of Justice Regarding International Comity and Harm to Competition.-- (1) In general.--For the purposes of considering questions of international comity with respect to making decisions regarding commercial activity and the scope of applicable sovereign immunity, the Federal court may receive and consider relevant amicus briefs filed by the Secretary of State. (2) Attorney general.--For the purposes of considering questions regarding assessing potential harm to competition, the Federal court may receive and consider relevant amicus briefs filed by the Attorney General. (3) Savings provision.--Nothing in paragraph (1) may be construed to limit the ability of the Federal court to receive and consider any other amicus briefs. SEC. 502. EXPANSION OF OFFENSE OF THEFT OF TRADE SECRETS TO INCLUDE UNAUTHORIZED DEVELOPMENT OF PRODUCTS AND DIGITAL ARTICLES. (a) In General.--Section 1832(a) of title 18, United States Code, is amended-- (1) by redesignating paragraphs (4) and (5) as paragraphs (5) and (6), respectively; (2) by inserting after paragraph (3) the following: ``(4) without authorization modifies or develops a product or digital article that could not have been modified or developed in the same way without access to such information;''; and (3) in paragraphs (5) and (6), as redesignated by paragraph (1), by striking ``through (3)'' and inserting ``through (4)''. (b) Applicability To Conduct Outside the United States.--Section 1837 of title 18, United States Code, is amended-- (1) in paragraph (1), by striking ``; or'' and inserting a semicolon; (2) in paragraph (2), by striking the period at the end and inserting ``; or''; and (3) by adding at the end the following new paragraph: ``(3) in the case of a violation of section 1832(a)(4), the offender attempts to import a product or digital article described in that section into the United States.''. (c) Definitions.--Section 1839 of title 18, United States Code, is amended-- (1) in paragraph (3), in the matter preceding subparagraph (A), by inserting ``data,'' after ``programs,''; (2) in paragraph (6)(B), by striking ``; and'' and inserting a semicolon; (3) in paragraph (7), by striking the period at the end and inserting ``; and''; and (4) by adding at the end the following new paragraph: ``(8) the term `digital article' means an algorithm, digitized process, or database, or any other electronic technology that generates, stores, or processes data.''. SEC. 503. REVIEW OF PETITIONS RELATED TO INTELLECTUAL PROPERTY THEFT AND FORCED TECHNOLOGY TRANSFER. (a) Definitions.--In this section: (1) Appropriate congressional committees.--The term ``appropriate congressional committees'' means-- (A) the Committee on Foreign Relations, the Committee on Banking, Housing, and Urban Affairs, the Committee on Commerce, Science, and Transportation, and the Committee on the Judiciary of the Senate; and (B) the Committee on Foreign Affairs, the Committee on Financial Services, the Committee on Energy and Commerce, and the Committee on the Judiciary of the House of Representatives. (2) Committee.--The term ``Committee'' means the committee established or designated under subsection (b). (3) Foreign person.--The term ``foreign person'' means a person that is not a United States person. (4) Intellectual property.--The term ``intellectual property'' means-- (A) any work protected by a copyright under title 17, United States Code; (B) any property protected by a patent granted by the United States Patent and Trademark Office under title 35, United States Code; (C) any word, name, symbol, or device, or any combination thereof, that is registered as a trademark with the United States Patent and Trademark Office under the Act entitled ``An Act to provide for the registration and protection of trademarks used in commerce, to carry out the provisions of certain international conventions, and for other purposes'', approved July 5, 1946 (commonly known as the ``Lanham Act'' or the ``Trademark Act of 1946'') (15 U.S.C. 1051 et seq.); (D) a trade secret (as defined in section 1839 of title 18, United States Code); or (E) any other form of intellectual property. (5) United states person.--The term ``United States person'' means-- (A) a United States citizen or an alien lawfully admitted for permanent residence to the United States; or (B) an entity organized under the laws of the United States or any jurisdiction within the United States, including a foreign branch of such an entity. (b) Establishment of a Committee.-- (1) In general.--The President shall-- (A) establish a multi-agency committee to carry out this section; or (B) designate an existing multi-agency committee within the executive branch to carry out this section if the President determines that the existing committee has the relevant expertise and personnel to carry out this section. (2) Membership.--The Committee shall be comprised of the following officials (or, subject to paragraph (3), a designee of any such official): (A) The Secretary of the Treasury. (B) The Secretary of Commerce. (C) The Secretary of State. (D) The Attorney General. (E) The Director of National Intelligence. (F) The heads of such other agencies as the President determines appropriate, generally or on a case-by-case basis. (3) Designee.--An official specified in paragraph (2) may select a designee to serve on the Committee from among individuals serving in positions appointed by the President by and with the advice and consent of the Senate. (4) Chair and vice chair.--The President shall appoint a chairperson and a vice chairperson of the Committee from among the members of the Committee. (c) Submission of Petitions.-- (1) In general.--A United States person described in paragraph (3) may submit a petition to the Committee requesting that the Committee-- (A) review, under subsection (d), a significant act or series of acts described in paragraph (2) committed by a foreign person; and (B) refer the matter to the President with a recommendation to impose sanctions under subsection (e) to address any threat to the national security of the United States posed by the significant act or series of acts. (2) Significant act or series of acts described.--A significant act or series of acts described in this paragraph is a significant act or series of acts of-- (A) theft of intellectual property of a United States person; or (B) forced transfer of technology that is the intellectual property of a United States person. (3) United states person described.--A United States person is described in this paragraph if-- (A) a court of competent jurisdiction in the United States has rendered a final judgment in favor of the United States person that-- (i) the foreign person identified in the petition submitted under paragraph (1) committed the significant act or series of acts identified in the petition; (ii) the United States person is the owner of the intellectual property identified in the petition; and (iii) the foreign person is using that intellectual property without the permission of the United States person; and (B) the United States person can provide clear and convincing evidence to the Committee that the value of the economic loss to the United States person resulting from the significant act or series of acts exceeds $10,000,000. (d) Review and Action by the Committee.-- (1) Review.--Upon receiving a petition under subsection (c), the Committee shall conduct a review of the petition in order to determine whether the imposition of sanctions under subsection (e) is necessary and appropriate to address any threat to the national security of the United States posed by the significant act or series of acts identified in the petition. (2) Action.--After conducting a review under paragraph (1) of a petition submitted under subsection (c), the Committee may take no action, dismiss the petition, or refer the petition to the President with a recommendation with respect to whether to impose sanctions under subsection (e). (e) Imposition of Sanctions.-- (1) In general.--The President may impose the sanctions described in paragraph (3) with respect to a foreign person identified in a petition submitted under subsection (c) if the President determines that imposing such sanctions is necessary and appropriate to address any threat to the national security of the United States posed by the significant act or series of acts identified in the petition. (2) Notice to congress.--Not later than 30 days after the Committee refers a petition to the President with a recommendation under subsection (d)(2), the President shall submit to the appropriate congressional committees a notice of the determination of the President under paragraph (1) with respect to whether or not to impose sanctions described in paragraph (3) with respect to each foreign person identified in the petition. Each notice required under this paragraph shall be submitted in unclassified form, but may include a classified annex. (3) Sanctions described.--The sanctions that may be imposed under paragraph (1) with respect to a foreign person identified in a petition submitted under subsection (c) are the following: (A) Export sanction.--The President may order the United States Government not to issue any specific license and not to grant any other specific permission or authority to export any goods or technology to the person under-- (i) the Export Control Reform Act of 2018 (50 U.S.C. 4801 et seq.); (ii) the Arms Export Control Act (22 U.S.C. 2751 et seq.); (iii) the Atomic Energy Act of 1954 (42 U.S.C. 2011 et seq.); or (iv) any other statute that requires the prior review and approval of the United States Government as a condition for the export or reexport of goods or services. (B) Loans from united states financial institutions.--The President may prohibit any United States financial institution from making loans or providing credits to the person totaling more than $10,000,000 in any 12-month period unless the person is engaged in activities to relieve human suffering and the loans or credits are provided for such activities. (C) Loans from international financial institutions.--The President may direct the United States executive director to each international financial institution to use the voice and vote of the United States to oppose any loan from the international financial institution that would benefit the person. (D) Prohibitions on financial institutions.--The following prohibitions may be imposed against the person if the person is a financial institution: (i) 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. (ii) 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. (E) Procurement sanction.--The President may prohibit the United States Government from procuring, or entering into any contract for the procurement of, any goods or services from the person. (F) Foreign exchange.--The President may, 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 person has any interest. (G) Banking transactions.--The President may, pursuant to such regulations as the President may prescribe, 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 person. (H) Property transactions.--The President may, pursuant to such regulations as the President may prescribe, prohibit any person from-- (i) acquiring, holding, withholding, using, transferring, withdrawing, transporting, importing, or exporting any property that is subject to the jurisdiction of the United States and with respect to which the person identified in the petition has any interest; (ii) dealing in or exercising any right, power, or privilege with respect to such property; or (iii) conducting any transaction involving such property. (I) Ban on investment in equity or debt of sanctioned person.--The President may, pursuant to such regulations or guidelines as the President may prescribe, prohibit any United States person from investing in or purchasing significant amounts of equity or debt instruments of the person. (J) 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 corporate officer or principal of, or a shareholder with a controlling interest in, the person identified in the petition. (K) Sanctions on principal executive officers.--The President may impose on the principal executive officer or officers of the person, or on individuals performing similar functions and with similar authorities as such officer or officers, any of the sanctions described in this paragraph. (f) Implementation; Penalties.-- (1) Implementation.--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) 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. (g) Confidentiality of Information.-- (1) In general.--The Committee shall protect from disclosure any proprietary information submitted by a United States person and marked as business confidential information, unless the person submitting the information-- (A) had notice, at the time of submission, that the information would be released by the Committee; or (B) subsequently consents to the release of the information. (2) Treatment as trade secrets.--Proprietary information submitted by a United States person under this section shall be-- (A) considered to be trade secrets and commercial or financial information (as those terms are used for purposes of section 552b(c)(4) of title 5, United States Code); and (B) exempt from disclosure without the express approval of the person. (h) Rulemaking.--The President may prescribe such licenses, orders, and regulations as are necessary to carry out this section, including with respect to the process by which United States persons may submit petitions under subsection (c). &lt;all&gt; </pre></body></html>
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118S368
Aviation WORKS Act
[ [ "K000377", "Sen. Kelly, Mark [D-AZ]", "sponsor" ], [ "F000463", "Sen. Fischer, Deb [R-NE]", "cosponsor" ] ]
<p><b>Aviation Workforce, Opportunity, Recruiting, Knowledge, and Supply Act or the</b> <b>Aviation WORKS Act </b></p> <p>This bill extends through FY2028 and expands aviation workforce development programs of the Department of Transportation (DOT).</p> <p>Specifically, the bill directs DOT to establish an aviation manufacturing development grant program to develop the aviation manufacturing and supplier workforce. It also requires DOT to develop and support the education of workers who design or produce any aircraft, aircraft engine, propeller, or appliance, or a component, part, or system thereof, that (1) is produced under a production approval issued by the Federal Aviation Administration (FAA), (2) has been issued a design approval by the FAA, or (3) has an active application for a design approval.</p> <p>Additionally, DOT must establish a program to provide grants for eligible projects to plan, establish, and expand workforce development partnership programs in the aviation and aerospace industry sector.</p>
<html><body><pre>[Congressional Bills 118th Congress] [From the U.S. Government Publishing Office] [S. 368 Introduced in Senate (IS)] &lt;DOC&gt; 118th CONGRESS 1st Session S. 368 To amend the FAA Reauthorization Act of 2018 to extend the existing aviation workforce development programs and provide grants to develop aviation manufacturing and supplier workforce, and for other purposes. _______________________________________________________________________ IN THE SENATE OF THE UNITED STATES February 9, 2023 Mr. Kelly (for himself and Mrs. Fischer) introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation _______________________________________________________________________ A BILL To amend the FAA Reauthorization Act of 2018 to extend the existing aviation workforce development programs and provide grants to develop aviation manufacturing and supplier workforce, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Aviation Workforce, Opportunity, Recruiting, Knowledge, and Supply Act'' or the ``Aviation WORKS Act''. SEC. 2. EXTENSION AND EXPANSION OF AVIATION WORKFORCE DEVELOPMENT PROGRAMS. Section 625 of the FAA Reauthorization Act of 2018 (49 U.S.C. 40101 note) is amended-- (1) in subsection (a)-- (A) in paragraph (1), by striking ``and'' at the end; (B) in paragraph (2), by striking the period at the end and inserting a semicolon; and (C) by adding at the end the following new paragraphs: ``(3) a program to provide grants for eligible projects-- ``(A) to develop the aviation manufacturing and supplier workforce; or ``(B) to develop and support the education of workers who design or produce any aircraft, aircraft engine, propeller, or appliance, or a component, part, or system thereof, that-- ``(i) is produced under a production approval issued by the Federal Aviation Administration; ``(ii) has been issued a design approval by the Federal Aviation Administration; or ``(iii) has an active application for a design approval; and ``(4) a program to provide grants for eligible projects to plan, establish, and expand workforce development partnership programs in the aviation and aerospace industry sector.''; (2) in subsection (b)-- (A) by redesignating paragraph (2) as paragraph (3); and (B) by inserting after paragraph (1) the following new paragraph: ``(2) Subsequent funding.--There is authorized to be appropriated-- ``(A) $20,000,000 for each of fiscal years 2024 through 2028 to provide grants under the program established under subsection (a)(1); ``(B) $20,000,000 for each of fiscal years 2024 through 2028 to provide grants under the program established under subsection (a)(2); ``(C) $20,000,000 for each of fiscal years 2024 through 2028 to provide grants under the program established under subsection (a)(3); and ``(D) $20,000,000 for each of fiscal years 2024 through 2028 to provide grants under the program established under subsection (a)(4).''; (3) in subsection (c), by adding at the end the following new paragraphs: ``(3) An application for a grant under the program established under subsection (a)(3) shall be submitted, in such form as the Secretary may specify, by-- ``(A) an aviation company that actively designs or produces any aircraft, aircraft engine, propeller, or appliance, or a component, part, or system thereof, covered under Federal Aviation Administration design approval or application for design approval-- ``(i) that-- ``(I) operates a SAE AS9100- certified process related to the design, development, or provision of an aviation product or service, including a part, component or assembly; ``(II) holds or operates under a type or production certificate under section 44704 of title 49, United States Code, or similar authorization; or ``(III) has an active type certificate application accepted by the Federal Aviation Administration; or ``(ii) which-- ``(I) is established, created, or organized in the United States or under the laws of the United States; and ``(II) has significant operations in the United States, and a majority of its employees engaged in aviation manufacturing or development activities and services, or aviation maintenance, repair, or overhaul activities and services based in the United States; or ``(B) an accredited institution of higher education (as such term is defined in paragraph (1)(B)) or a high school or a secondary school (as such terms are defined in such paragraph) that has or is working to establish an aviation manufacturing program. ``(4) An application for a grant under the program established under subsection (a)(4) shall-- ``(A) be submitted, in such form as the Secretary may specify, by a partnership that-- ``(i) is an industry or sector partnership (as such term is defined in section 3 of the Workforce Innovation and Opportunity Act (29 U.S.C. 3102)), or is in the process of establishing an industry or sector partnership; ``(ii) includes an air carrier (as such term is defined in paragraph (1)(A)), a flight school described in paragraph (1)(C), a holder of a certificate described in paragraph (2)(A), or an aviation company described in paragraph (3)(A); ``(iii) is comprised of multiple employers from the aviation and aerospace industry; ``(iv) may include not more than 1 entity that is a previous recipient of grant funding from any program established under paragraphs (1) through (3) of subsection (a), but such entity may not serve as a fiscal agent (as described in subparagraph (B)); and ``(v) does not include an entity that is a current recipient of grant funding from any program established under paragraphs (1) through (3) of subsection (a), unless the application demonstrates that any grant funding currently received by the entity would expire or otherwise cease prior to the receipt of the grant funding under paragraph (4) of subsection (a); ``(B) designate a partner from within the partnership, or an intermediary which may be a State or local workforce board or an accredited institution of higher education (as such term is defined in paragraph (1)(B)), to serve as the fiscal agent for the grant; and ``(C) instruct the fiscal agent designated under subparagraph (B) to, as appropriate-- ``(i) receive funds; ``(ii) ensure sustained fiscal integrity and accountability for expenditures of funds in accordance with Federal Aviation Administration regulations; ``(iii) respond to audit financial findings; ``(iv) maintain proper accounting records and documentation; and ``(v) prepare financial reports.''; (4) in subsection (d)-- (A) in paragraph (2), in the matter preceding subparagraph (A), by striking ``pilot''; and (B) by adding at the end the following new paragraphs: ``(3) For purposes of the program established under subsection (a)(3), an eligible project is a project-- ``(A) to establish or support educational programs that teach technical skills used in aviation manufacturing, including the production of components, parts, or systems thereof for inclusion in an aircraft, aircraft engine, propeller, or appliance; ``(B) to establish scholarships, internships, or apprenticeships for individuals pursuing employment in the aviation manufacturing industry; ``(C) to support outreach about careers in the aviation manufacturing industry to-- ``(i) primary, secondary, and post- secondary school students; or ``(ii) to communities underrepresented in the industry; ``(D) to support educational opportunities related to aviation manufacturing in economically disadvantaged geographic areas; ``(E) to support transition to careers in aviation manufacturing, including for members of the Armed Forces; or ``(F) to otherwise enhance aviation manufacturing technical education or the aviation manufacturing industry workforce. ``(4) For purposes of the program established under subsection (a)(4), an eligible project is a project-- ``(A) to carry out planning and partner development activities, which may include-- ``(i) convening key stakeholders as identified in the application process to establish or expand educational programs that teach technical skills used in pilot training, aviation maintenance, or aviation manufacturing; ``(ii) conducting outreach to local businesses and business associations, including activities to increase marketing and activity visibility within the community; ``(iii) conducting an evaluation of workforce needs in the local area; ``(iv) conducting survey and planning activities for partnership-related infrastructure needs; or ``(v) recruiting veterans of military service and individuals with barriers to employment; ``(B) to provide career services as described in section 134(c)(2)(A) of the Workforce Innovation and Opportunity Act (29 U.S.C. 3174(c)(2)(A)); ``(C) to provide training services as described in section 134(c)(3)(D) of the Workforce Innovation and Opportunity Act (29 U.S.C. 3174(c)(3)(D)); or ``(D) to provide services to support the success and retention of individuals who are participating in any training program established under subsection (a)(4).''; and (5) in subsection (e)-- (A) in paragraph (1), by striking ``and'' at the end; (B) in paragraph (2)-- (i) by striking ``subsection (a)(1)'' and inserting ``paragraph (1) or (2) of subsection (a)''; and (ii) by striking the period at the end and inserting ``; and''; and (C) by adding at the end the following new paragraph: ``(3) ensure that the applications selected for projects established under subsection (a)(4) will allow participation from major and regional air carriers and a diverse collection of industry partners.''. &lt;all&gt; 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118S369
Protecting Military Installations and Ranges Act of 2023
[ [ "C001098", "Sen. Cruz, Ted [R-TX]", "sponsor" ], [ "S001227", "Sen. Schmitt, Eric [R-MO]", "cosponsor" ], [ "B001310", "Sen. Braun, Mike [R-IN]", "cosponsor" ], [ "R000595", "Sen. Rubio, Marco [R-FL]", "cosponsor" ], [ "T000278", "Sen. Tuberville, Tommy [R-AL]", "cosponsor" ], [ "D000618", "Sen. Daines, Steve [R-MT]", "cosponsor" ], [ "B001305", "Sen. Budd, Ted [R-NC]", "cosponsor" ] ]
<p><b>Protecting Military Installations and Ranges Act of 2023</b></p> <p>This bill places restrictions on the purchase of certain property by a foreign person who is owned or controlled by, is acting for or on behalf of, or receives subsidies from Russia, China, Iran, or North Korea.</p> <p>Specifically, the Committee on Foreign Investment in the United States must review a purchase or lease by, or a concession to, any such foreign person of private or public real estate in the United States that is within (1) 100 miles of a military installation; or (2) 50 miles of a military training route, special use airspace, a controlled firing area, or a military operations area.</p> <p>Further, the Department of Defense and the Department of Transportation may not issue final determinations regarding specified projects (e.g., energy projects) that involve a transaction under review by the committee until the committee concludes its action.</p>
<html><body><pre>[Congressional Bills 118th Congress] [From the U.S. Government Publishing Office] [S. 369 Introduced in Senate (IS)] &lt;DOC&gt; 118th CONGRESS 1st Session S. 369 To require the Committee on Foreign Investment in the United States to review any purchase or lease of real estate near a military installation or military airspace in the United States by a foreign person connected to or subsidized by the Russian Federation, the People's Republic of China, the Islamic Republic of Iran, or the Democratic People's Republic of Korea, and for other purposes. _______________________________________________________________________ IN THE SENATE OF THE UNITED STATES February 9, 2023 Mr. Cruz (for himself, Mr. Schmitt, Mr. Braun, Mr. Rubio, Mr. Tuberville, and Mr. Daines) introduced the following bill; which was read twice and referred to the Committee on Banking, Housing, and Urban Affairs _______________________________________________________________________ A BILL To require the Committee on Foreign Investment in the United States to review any purchase or lease of real estate near a military installation or military airspace in the United States by a foreign person connected to or subsidized by the Russian Federation, the People's Republic of China, the Islamic Republic of Iran, or the Democratic People's Republic of Korea, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Protecting Military Installations and Ranges Act of 2023''. SEC. 2. REVIEW BY COMMITTEE ON FOREIGN INVESTMENT IN THE UNITED STATES OF REAL ESTATE PURCHASES OR LEASES NEAR MILITARY INSTALLATIONS OR MILITARY AIRSPACE. (a) Inclusion in Definition of Covered Transaction.--Section 721(a)(4) of the Defense Production Act of 1950 (50 U.S.C. 4565(a)(4)) is amended-- (1) in subparagraph (A)-- (A) in clause (i), by striking ``; and'' and inserting a semicolon; (B) in clause (ii), by striking the period at the end and inserting ``; and''; and (C) by adding at the end the following: ``(iii) any transaction described in subparagraph (B)(vi) that is proposed, pending, or completed on or after the date of the enactment of the Protecting Military Installations and Ranges Act of 2023.''; and (2) in subparagraph (B), by adding at the end the following: ``(vi) Notwithstanding clause (ii) or subparagraph (C), the purchase or lease by, or a concession to, a foreign person of private or public real estate-- ``(I) that is located in the United States and within-- ``(aa) 100 miles of a military installation (as defined in section 2801(c)(4) of title 10, United States Code); or ``(bb) 50 miles of-- ``(AA) a military training route (as defined in section 183a(h) of title 10, United States Code); ``(BB) airspace designated as special use airspace under part 73 of title 14, Code of Federal Regulations (or a successor regulation), and managed by the Department of Defense; ``(CC) a controlled firing area (as defined in section 1.1 of title 14, Code of Federal Regulations (or a successor regulation)) used by the Department of Defense; or ``(DD) a military operations area (as defined in section 1.1 of title 14, Code of Federal Regulations (or a successor regulation)); and ``(II) if the foreign person is owned or controlled by, is acting for or on behalf of, or receives subsidies from-- ``(aa) the Government of the Russian Federation; ``(bb) the Government of the People's Republic of China; ``(cc) the Government of the Islamic Republic of Iran; or ``(dd) the Government of the Democratic People's Republic of Korea.''. (b) Mandatory Unilateral Initiation of Reviews.--Section 721(b)(1)(D) of the Defense Production Act of 1950 (50 U.S.C. 4565(b)(1)(D)) is amended-- (1) in clause (iii), by redesignating subclauses (I), (II), and (III) as items (aa), (bb), and (cc), respectively, and by moving such items, as so redesignated, 2 ems to the right; (2) by redesignating clauses (i), (ii), and (iii) as subclauses (I), (II), and (III), respectively, and by moving such subclauses, as so redesignated, 2 ems to the right; (3) by striking ``Subject to'' and inserting the following: ``(i) In general.--Subject to''; and (4) by adding at the end the following: ``(ii) Mandatory unilateral initiation of certain transactions.--The Committee shall initiate a review under subparagraph (A) of a covered transaction described in subsection (a)(4)(B)(vi).''. (c) Certifications to Congress.--Section 721(b)(3)(C)(iii) of the Defense Production Act of 1950 (50 U.S.C. 4565(b)(3)(C)(iii)) is amended-- (1) in subclause (IV), by striking ``; and'' and inserting a semicolon; (2) in subclause (V), by striking the period at the end and inserting ``; and''; and (3) by adding at the end the following: ``(VI) with respect to covered transactions described in subsection (a)(4)(B)(vi), to the members of the Senate from the State in which the military installation, military training route, special use airspace, controlled firing area, or military operations area is located, and the member from the Congressional District in which such installation, route, airspace, or area is located.''. SEC. 3. LIMITATION ON APPROVAL OF ENERGY PROJECTS RELATED TO REVIEWS CONDUCTED BY COMMITTEE ON FOREIGN INVESTMENT IN THE UNITED STATES. (a) Review by Secretary of Defense.--Section 183a of title 10, United States Code, is amended-- (1) by redesignating subsections (f), (g), and (h) as subsections (g), (h), and (i), respectively; and (2) by inserting after subsection (e) the following new subsection (f): ``(f) Special Rule Relating To Review by Committee on Foreign Investment of the United States.--(1) If, during the period during which the Department of Defense is reviewing an application for an energy project filed with the Secretary of Transportation under section 44718 of title 49, the purchase, lease, or concession of real property on which the project is planned to be located is under review or investigation by the Committee on Foreign Investment in the United States under section 721 of the Defense Production Act of 1950 (50 U.S.C. 4565), the Secretary of Defense-- ``(A) may not complete review of the project until the Committee concludes action under such section 721 with respect to the purchase, lease, or concession; and ``(B) shall notify the Secretary of Transportation of the delay. ``(2) If the Committee on Foreign Investment in the United States determines that the purchase, lease, or concession of real property on which an energy project described in paragraph (1) is planned to be located threatens to impair the national security of the United States and refers the purchase, lease, or concession to the President for further action under section 721(d) of the Defense Production Act of 1950 (50 U.S.C. 4565(d)), the Secretary of Defense shall-- ``(A) find under subsection (e)(1) that the project would result in an unacceptable risk to the national security of the United States; and ``(B) transmit that finding to the Secretary of Transportation for inclusion in the report required under section 44718(b)(2) of title 49.''. (b) Review by Secretary of Transportation.--Section 44718 of title 49, United States Code, is amended-- (1) by redesignating subsection (h) as subsection (i); and (2) by inserting after subsection (g) the following new subsection: ``(h) Special Rule Relating To Review by Committee on Foreign Investment of the United States.--The Secretary of Transportation may not issue a determination pursuant to this section with respect to a proposed structure to be located on real property the purchase, lease, or concession of which is under review or investigation by the Committee on Foreign Investment in the United States under section 721 of the Defense Production Act of 1950 (50 U.S.C. 4565) until-- ``(1) the Committee concludes action under such section 721 with respect to the purchase, lease, or concession; and ``(2) the Secretary of Defense-- ``(A) issues a finding under section 183a(e) of title 10; or ``(B) advises the Secretary of Transportation that no finding under section 183a(e) of title 10 will be forthcoming.''. &lt;all&gt; </pre></body></html>
[ "Foreign Trade and International Finance", "Asia", "Aviation and airports", "China", "Congressional oversight", "Energy storage, supplies, demand", "Europe", "Foreign property", "Government studies and investigations", "Iran", "Middle East", "Military education and training", "Military facilities and property", "Military operations and strategy", "North Korea", "Russia", "U.S. and foreign investments" ]
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118S37
Witness Security and Protection Grant Program Act of 2023
[ [ "C000141", "Sen. Cardin, Benjamin L. [D-MD]", "sponsor" ], [ "O000174", "Sen. Ossoff, Jon [D-GA]", "cosponsor" ] ]
<p><strong></strong><b>Witness Security and Protection Grant Program Act of 2023 </b></p> <p> This bill directs the Department of Justice to award competitive matching grants to state, local, and tribal governments to establish or maintain witness protection programs in cases involving (1) a homicide, serious violent felony, or serious drug offense; or (2) gangs or organized crime.</p>
<html><body><pre>[Congressional Bills 118th Congress] [From the U.S. Government Publishing Office] [S. 37 Introduced in Senate (IS)] &lt;DOC&gt; 118th CONGRESS 1st Session S. 37 To require the Attorney General to make competitive grants to State, tribal, and local governments to establish and maintain witness protection and assistance programs. _______________________________________________________________________ IN THE SENATE OF THE UNITED STATES January 24 (legislative day, January 3), 2023 Mr. Cardin introduced the following bill; which was read twice and referred to the Committee on the Judiciary _______________________________________________________________________ A BILL To require the Attorney General to make competitive grants to State, tribal, and local governments to establish and maintain witness protection and assistance programs. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Witness Security and Protection Grant Program Act of 2023''. SEC. 2. WITNESS PROTECTION GRANT PROGRAM. (a) Definitions.--In this section-- (1) the term ``applicant'' means a State, tribal, or local government that applies for a grant under this section; and (2) the terms ``serious drug offense'' and ``serious violent felony'' have the meanings given the terms in section 3559(c) of title 18, United States Code. (b) Grants Required.--Subject to subsection (j), the Attorney General shall make competitive grants to State, tribal, and local governments to establish or maintain programs that provide protection or assistance to witnesses in court proceedings involving-- (1) a homicide, serious violent felony, or serious drug offense; or (2) gangs or organized crime. (c) Criteria.--In making grants under this section, the Attorney General shall evaluate applicants based upon the following: (1) The extent to which the applicant lacks infrastructure to support programs that provide protection or assistance to witnesses. (2) The prevalence of witness intimidation in the jurisdiction of the applicant. (3) The percentage of cases not prosecuted by the applicant due to witness intimidation. (4) The number of homicides per capita committed in the jurisdiction of the applicant. (5) The number of serious violent felonies or serious drug offenses per capita committed in the jurisdiction of the applicant. (6) The extent to which organized crime is present in the jurisdiction of the applicant. (7) Any other criteria that the Attorney General determines appropriate. (d) Technical Assistance.--From amounts made available under subsection (j) to carry out this section, the Attorney General, upon request of a recipient of a grant under this section, shall direct the appropriate offices within the Department of Justice to provide technical assistance to the recipient to the extent the Attorney General determines technical assistance is needed to establish or maintain a program that provides protection or assistance to witnesses. (e) Best Practices.-- (1) Report.--A recipient of a grant under this section shall submit to the Attorney General a report, in such form and manner and containing such information as specified by the Attorney General, that evaluates each program established or maintained pursuant to the grant, including policies and procedures under the program. (2) Development of best practices.--Based on the reports submitted under paragraph (1), the Attorney General shall develop best practice models to assist State, tribal, and local governments in addressing-- (A) witness safety; (B) short-term and permanent witness relocation; (C) financial and housing assistance; and (D) any other services related to witness protection or assistance that the Attorney General determines necessary. (3) Dissemination to states.--Not later than 1 year after developing best practice models under paragraph (2), the Attorney General shall disseminate the models to State, tribal, and local governments. (4) Sense of congress.--It is the sense of Congress that State, tribal, and local governments should use the best practice models developed and disseminated under this subsection to evaluate, improve, and develop witness protection or witness assistance programs as appropriate. (5) Rule of construction relating to sensitive information.--Nothing in this section shall be construed to require the dissemination of any information that the Attorney General determines-- (A) is law enforcement sensitive and should only be disclosed within the law enforcement community; or (B) poses a threat to national security. (f) Federal Share.-- (1) In general.--The Federal share of the cost of a program carried out using a grant made under this section shall be not more than 75 percent. (2) In-kind contributions.-- (A) In general.--Subject to subparagraph (B), the non-Federal share for a program carried out using a grant made under this section may be in the form of in- kind contributions that are directly related to the purpose for which the grant was made. (B) Maximum percentage.--Not more than 50 percent of the non-Federal share for a program carried out using a grant made under this section may be in the form of in-kind contributions. (g) Administrative Costs.--Of amounts made available to carry out this section for a fiscal year, the Attorney General may use not more than 5 percent for administrative costs. (h) Geographic Distribution.--In making grants under this section, the Attorney General shall-- (1) to the extent reasonable and practical, ensure an equitable geographical distribution throughout the United States of programs that provide protection or assistance to witnesses; and (2) give due consideration to applicants from both urban and rural areas. (i) Report to Congress.--The Attorney General shall submit a report to Congress-- (1) not later than 1 year after the date of enactment of this Act, on the implementation of this section, including any information on programs funded by grants made under this section; and (2) not later than 5 years after the date of enactment of this Act, on the programs funded by grants made under this section, including on best practice models developed under subsection (e)(2). (j) Authorization of Appropriations.--There is authorized to be appropriated to carry out this section $30,000,000 for each of fiscal years 2023 through 2027. &lt;all&gt; </pre></body></html>
[ "Crime and Law Enforcement", "Drug trafficking and controlled substances", "Evidence and witnesses", "Juvenile crime and gang violence", "Law enforcement administration and funding", "Organized crime", "Performance measurement", "Violent crime" ]
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118S370
Protecting America From Spies Act
[ [ "C001098", "Sen. Cruz, Ted [R-TX]", "sponsor" ], [ "C001096", "Sen. Cramer, Kevin [R-ND]", "cosponsor" ], [ "R000595", "Sen. Rubio, Marco [R-FL]", "cosponsor" ], [ "S001227", "Sen. Schmitt, Eric [R-MO]", "cosponsor" ], [ "B001310", "Sen. Braun, Mike [R-IN]", "cosponsor" ], [ "B001243", "Sen. Blackburn, Marsha [R-TN]", "cosponsor" ], [ "T000278", "Sen. Tuberville, Tommy [R-AL]", "cosponsor" ], [ "K000393", "Sen. Kennedy, John [R-LA]", "cosponsor" ], [ "B001319", "Sen. Britt, Katie Boyd [R-AL]", "cosponsor" ], [ "B001305", "Sen. Budd, Ted [R-NC]", "cosponsor" ], [ "M001190", "Sen. Mullin, Markwayne [R-OK]", "cosponsor" ] ]
<p><b>Protecting America From Spies Act</b></p> <p>This bill expands the grounds for barring non-U.S. nationals (<i>aliens</i> under federal law) who have engaged in acts of espionage or sabotage from entering the United States.</p> <p>Specifically, any individual shall be inadmissible if the individual has engaged in or will engage in an act that (1) violates a U.S. law relating to espionage or sabotage; (2) would violate any U.S. law relating to espionage or sabotage if it occurred in the United States; or (3) violates any U.S. law prohibiting the export of goods, technology, or sensitive information. Currently, an individual is inadmissible if the individual seeks to enter the United States to engage in such an action.</p> <p>Furthermore, the bill expands these grounds of inadmissibility and other security-related grounds to cover the spouse or child of the barred individual if the act occurred in the last five years.</p> <p>The bill also modifies the authority of the Department of Justice to waive certain security-related grounds of inadmissibility for an individual applying for a nonimmigrant visa.</p>
<html><body><pre>[Congressional Bills 118th Congress] [From the U.S. Government Publishing Office] [S. 370 Introduced in Senate (IS)] &lt;DOC&gt; 118th CONGRESS 1st Session S. 370 To amend section 212 of the Immigration and Nationality Act to ensure that efforts to engage in espionage or technology transfer are considered in visa issuance, and for other purposes. _______________________________________________________________________ IN THE SENATE OF THE UNITED STATES February 9, 2023 Mr. Cruz (for himself, Mr. Cramer, Mr. Rubio, Mr. Schmitt, Mr. Braun, Mrs. Blackburn, and Mr. Tuberville) introduced the following bill; which was read twice and referred to the Committee on the Judiciary _______________________________________________________________________ A BILL To amend section 212 of the Immigration and Nationality Act to ensure that efforts to engage in espionage or technology transfer are considered in visa issuance, and for other purposes. Be it enacted by the Senate 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 America From Spies Act''. SEC. 2. EXPANDING INADMISSIBILITY ON SECURITY AND RELATED GROUNDS. (a) In General.--Section 212(a)(3)(A) of the Immigration and Nationality Act (8 U.S.C. 1182(a)(3)(A)) is amended to read as follows: ``(A) In general.--Any alien is inadmissible if a consular officer or the Secretary of Homeland Security knows, or has reasonable ground to believe, that the alien-- ``(i) engages, has engaged, or will engage in any activity-- ``(I) in violation of any law of the United States relating to espionage or sabotage; or ``(II) that would violate any law of the United States relating to espionage or sabotage if the activity occurred in the United States; ``(ii) engages, has engaged, or will engage in any activity in violation or evasion of any law prohibiting the export from the United States of goods, technology, or sensitive information; ``(iii) seeks to enter the United States to engage solely, principally, or incidentally in any other unlawful activity; ``(iv) seeks to enter the United States to engage solely, principally, or incidentally in any activity a purpose of which is the opposition to, or the control or overthrow of, the Government of the United States by force, violence, or other unlawful means; or ``(v) is the spouse or child of an alien who is inadmissible under this subparagraph, if the activity causing the alien to be found inadmissible occurred within the last 5 years.''. (b) Waiver Authority.--Section 212(d)(3)(A) of the Immigration and Nationality Act (8 U.S.C. 1182(d)(3)(A)) is amended by striking ``(other than paragraphs (3)(A)(i)(I), (3)(A)(ii), (3)(A)(iii), (3)(C), and clauses (i) and (ii) of paragraph (3)(E) of such subsection)'' each place such phrase appears and inserting ``(other than subparagraphs (A)(i)(I), (A)(ii), (A)(iii), (A)(iv), (C), (E)(i), and (E)(ii) of paragraph (3) of such subsection)''. &lt;all&gt; </pre></body></html>
[ "Immigration" ]
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118S371
Coffee Plant Health Initiative Amendments Act of 2023
[ [ "H001042", "Sen. Hirono, Mazie K. [D-HI]", "sponsor" ], [ "S001194", "Sen. Schatz, Brian [D-HI]", "cosponsor" ] ]
<p><strong>Coffee Plant Health Initiative Amendments Act </strong><b>of 2023</b></p> <p>This bill expands the research and extension grant program for the coffee plant health initiative. Under current law, the Department of Agriculture (USDA) may provide competitive grants under the initiative to support research and extension activities to combat the insect known as the coffee berry borer (Hypothenemus hampei).</p> <p>Specifically, the bill authorizes USDA to provide competitive grants for</p> <ul> <li>developing and disseminating science-based tools and treatments to combat plant pests and noxious weeds that impact coffee plants;</li> <li>establishing an area-wide integrated pest management program in areas affected by, or at risk of being affected by, plant pests or noxious weeds that impact coffee plants;</li> <li>surveying and collecting data on coffee plant production and health;</li> <li>investigating coffee plant biology, immunology, ecology, genomics, and bioinformatics; and</li> <li>conducting research on various factors that may contribute to or be associated with coffee plant immune systems and other serious threats to coffee plants.</li> </ul>
<html><body><pre>[Congressional Bills 118th Congress] [From the U.S. Government Publishing Office] [S. 371 Introduced in Senate (IS)] &lt;DOC&gt; 118th CONGRESS 1st Session S. 371 To amend the Food, Agriculture, Conservation, and Trade Act of 1990 to provide research and extension grants to combat plant pests and noxious weeds that impact coffee plants, and for other purposes. _______________________________________________________________________ IN THE SENATE OF THE UNITED STATES February 9, 2023 Ms. Hirono (for herself and Mr. Schatz) introduced the following bill; which was read twice and referred to the Committee on Agriculture, Nutrition, and Forestry _______________________________________________________________________ A BILL To amend the Food, Agriculture, Conservation, and Trade Act of 1990 to provide research and extension grants to combat plant pests and noxious weeds that impact coffee plants, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Coffee Plant Health Initiative Amendments Act of 2023''. SEC. 2. COFFEE PLANT HEALTH INITIATIVE. (a) In General.--Section 1672(d) of the Food, Agriculture, Conservation, and Trade Act of 1990 (7 U.S.C. 5925(d)) is amended by striking paragraph (9) and inserting the following: ``(9) Coffee plant health initiative.-- ``(A) In general.--Research and extension grants may be made under this section for the purposes of-- ``(i) developing and disseminating science- based tools and treatments to combat plant pests and noxious weeds that impact coffee plants; ``(ii) establishing an areawide integrated pest management program in areas affected by, or areas at risk of being affected by, plant pests or noxious weeds that impact coffee plants; ``(iii) surveying and collecting data on coffee plant production and health; ``(iv) investigating coffee plant biology, immunology, ecology, genomics, and bioinformatics; and ``(v) conducting research on-- ``(I) factors that may contribute to or be associated with coffee plant immune systems; ``(II) other serious threats to coffee plants, including the sublethal effects of insecticides, herbicides, and fungicides on insects and plants beneficial to coffee plant growth; and ``(III) the development of mitigating and preventative measures to improve habitat conservation and best management practices in coffee-growing regions. ``(B) Definition of noxious weed; plant pest.--In this paragraph, the terms `noxious weed' and `plant pest' have the meanings given those terms in section 403 of the Plant Protection Act (7 U.S.C. 7702).''. (b) Authorization of Appropriations.--Section 1672(h) of the Food, Agriculture, Conservation, and Trade Act of 1990 (7 U.S.C. 5925(h)) is amended by striking ``2023'' and inserting ``2035''. &lt;all&gt; </pre></body></html>
[ "Agriculture and Food" ]
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118S372
Macadamia Tree Health Initiative Amendments Act
[ [ "S001194", "Sen. Schatz, Brian [D-HI]", "sponsor" ], [ "H001042", "Sen. Hirono, Mazie K. [D-HI]", "cosponsor" ] ]
<p><strong>Macadamia Tree Health Initiative Amendments Act </strong></p> <p>This bill expands the research and extension grant program for the macadamia tree health initiative. Under current law, the Department of Agriculture (USDA) may provide competitive grants under the initiative to support research and extension activities to combat the insect known as the macadamia felted coccid (Eriococcus ironsidei).</p> <p>Specifically, the bill authorizes USDA to provide competitive grants for</p> <ul> <li>developing and disseminating science-based tools and treatments to combat plant pests and noxious weeds that impact macadamia trees;</li> <li>establishing an area-wide integrated pest management program in areas affected by, or at risk of being affected by, the invasive plant pests or noxious weeds;</li> <li>surveying and collecting data on macadamia tree production and health;</li> <li>investigating macadamia tree biology, immunology, ecology, genomics, and bioinformatics; and</li> <li>conducting research on various factors that may contribute to or be associated with macadamia tree immune systems and other serious threats to macadamia trees.</li> </ul>
<html><body><pre>[Congressional Bills 118th Congress] [From the U.S. Government Publishing Office] [S. 372 Introduced in Senate (IS)] &lt;DOC&gt; 118th CONGRESS 1st Session S. 372 To amend the Food, Agriculture, Conservation, and Trade Act of 1990 to modify the macadamia tree health initiative, and for other purposes. _______________________________________________________________________ IN THE SENATE OF THE UNITED STATES February 9, 2023 Mr. Schatz (for himself and Ms. Hirono) introduced the following bill; which was read twice and referred to the Committee on Agriculture, Nutrition, and Forestry _______________________________________________________________________ A BILL To amend the Food, Agriculture, Conservation, and Trade Act of 1990 to modify the macadamia tree health initiative, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Macadamia Tree Health Initiative Amendments Act''. SEC. 2. MACADAMIA TREE HEALTH INITIATIVE. Section 1672(d) of the Food, Agriculture, Conservation, and Trade Act of 1990 (7 U.S.C. 5925(d)) is amended by striking paragraph (11) and inserting the following: ``(11) Macadamia tree health initiative.-- ``(A) Definitions.--In this paragraph, the terms `noxious weed' and `plant pest' have the meanings given those terms in section 403 of the Plant Protection Act (7 U.S.C. 7702). ``(B) High-priority research and extension.-- Research and extension grants may be made under this section for the purposes of-- ``(i) developing and disseminating science- based tools and treatments to combat plant pests and noxious weeds that impact macadamia trees; ``(ii) establishing an areawide integrated pest management program in areas affected by, or areas at risk of being affected by, invasive plant pests or noxious weeds; ``(iii) surveying and collecting data on macadamia tree production and health; ``(iv) investigating macadamia tree biology, immunology, ecology, genomics, and bioinformatics; and ``(v) conducting research on various factors that may contribute to or be associated with macadamia tree immune systems, and other serious threats to macadamia trees, including-- ``(I) the sublethal effects of insecticides, herbicides, and fungicides on beneficial insects and plants to macadamia tree growth; and ``(II) the development of mitigative and preventative measures to improve habitat conservation and best management practices in macadamia tree growing regions. ``(C) Authorization of appropriations.--There are authorized to be appropriated to carry out this paragraph such sums as are necessary for each of fiscal years 2024 through 2035.''. &lt;all&gt; </pre></body></html>
[ "Agriculture and Food" ]
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118S373
RISEE Act of 2023
[ [ "W000802", "Sen. Whitehouse, Sheldon [D-RI]", "sponsor" ], [ "C001075", "Sen. Cassidy, Bill [R-LA]", "cosponsor" ], [ "K000393", "Sen. Kennedy, John [R-LA]", "cosponsor" ], [ "K000383", "Sen. King, Angus S., Jr. [I-ME]", "cosponsor" ], [ "G000359", "Sen. Graham, Lindsey [R-SC]", "cosponsor" ], [ "S001181", "Sen. Shaheen, Jeanne [D-NH]", "cosponsor" ], [ "C001035", "Sen. Collins, Susan M. [R-ME]", "cosponsor" ], [ "G000555", "Sen. Gillibrand, Kirsten E. [D-NY]", "cosponsor" ], [ "D000618", "Sen. Daines, Steve [R-MT]", "cosponsor" ], [ "M001169", "Sen. Murphy, Christopher [D-CT]", "cosponsor" ], [ "B001277", "Sen. Blumenthal, Richard [D-CT]", "cosponsor" ], [ "C001088", "Sen. Coons, Christopher A. [D-DE]", "cosponsor" ], [ "V000128", "Sen. Van Hollen, Chris [D-MD]", "cosponsor" ], [ "C000141", "Sen. Cardin, Benjamin L. [D-MD]", "cosponsor" ], [ "W000805", "Sen. Warner, Mark R. [D-VA]", "cosponsor" ], [ "K000384", "Sen. Kaine, Tim [D-VA]", "cosponsor" ], [ "S000770", "Sen. Stabenow, Debbie [D-MI]", "cosponsor" ], [ "H001046", "Sen. Heinrich, Martin [D-NM]", "cosponsor" ], [ "H000273", "Sen. Hickenlooper, John W. [D-CO]", "cosponsor" ], [ "F000062", "Sen. Feinstein, Dianne [D-CA]", "cosponsor" ], [ "P000145", "Sen. Padilla, Alex [D-CA]", "cosponsor" ], [ "S001194", "Sen. Schatz, Brian [D-HI]", "cosponsor" ], [ "S001184", "Sen. Scott, Tim [R-SC]", "cosponsor" ] ]
<html><body><pre>[Congressional Bills 118th Congress] [From the U.S. Government Publishing Office] [S. 373 Introduced in Senate (IS)] &lt;DOC&gt; 118th CONGRESS 1st Session S. 373 To modify the disposition of certain outer Continental Shelf revenues and to open Federal financial sharing to heighten opportunities for renewable energy, and for other purposes. _______________________________________________________________________ IN THE SENATE OF THE UNITED STATES February 9, 2023 Mr. Whitehouse (for himself, Mr. Cassidy, Mr. Kennedy, Mr. King, Mr. Graham, Mrs. Shaheen, Ms. Collins, Mrs. Gillibrand, Mr. Daines, Mr. Murphy, Mr. Blumenthal, Mr. Coons, Mr. Van Hollen, Mr. Cardin, Mr. Warner, Mr. Kaine, Ms. Stabenow, Mr. Heinrich, Mr. Hickenlooper, Mrs. Feinstein, Mr. Padilla, and Mr. Schatz) introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources _______________________________________________________________________ A BILL To modify the disposition of certain outer Continental Shelf revenues and to open Federal financial sharing to heighten opportunities for renewable energy, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Reinvesting In Shoreline Economies and Ecosystems Act of 2023'' or the ``RISEE Act of 2023''. SEC. 2. NATIONAL OCEANS AND COASTAL SECURITY FUND; PARITY IN OFFSHORE WIND REVENUE SHARING. (a) Definitions in the National Oceans and Coastal Security Act.-- Section 902 of the National Oceans and Coastal Security Act (16 U.S.C. 7501) is amended-- (1) by striking paragraph (5) and inserting the following: ``(5) Indian tribe.--The term `Indian tribe' has the meaning given that term in section 4 of the Indian Self- Determination and Education Assistance Act (25 U.S.C. 5304).''; and (2) by striking paragraph (7) and inserting the following: ``(7) Tidal shoreline.--The term `tidal shoreline' means the length of tidal shoreline or Great Lake shoreline based on the most recently available data from or accepted by the Office of Coast Survey of the National Oceanic and Atmospheric Administration.''. (b) National Oceans and Coastal Security Fund.--Section 904 of the National Oceans and Coastal Security Act (16 U.S.C. 7503) is amended-- (1) in subsection (a), by inserting ``and manage'' after ``establish''; (2) in subsection (b), by striking paragraph (1) and inserting the following: ``(1) In general.--The Fund shall consist of such amounts as-- ``(A) are deposited in the Fund under subparagraph (C)(ii)(II) of section 8(p)(2) of the Outer Continental Shelf Lands Act (43 U.S.C. 1337(p)(2)); and ``(B) are appropriated or otherwise made available for the Fund.''; (3) by striking subsection (d) and inserting the following: ``(d) Expenditure.-- ``(1) $34,000,000 or less.--If $34,000,000 or less is deposited in, or appropriated or otherwise made available for, the Fund for a fiscal year, in that fiscal year-- ``(A) not more than 5 percent of such amounts may be used by the Administrator and the Foundation for administrative expenses to carry out this title; and ``(B) any remaining amounts shall be used only for the award of grants under section 906(c). ``(2) More than $34,000,000.--If more than $34,000,000 is deposited in, or appropriated or otherwise made available for, the Fund for a fiscal year, in that fiscal year-- ``(A) not more than 5 percent of such amounts may be used by the Administrator and the Foundation for administrative expenses to carry out this title; ``(B) not less than $34,000,000 shall be used for the award of grants under section 906(c); and ``(C) of any amounts exceeding $34,000,000-- ``(i) not more than 75 percent may be used for the award of grants under section 906(b); and ``(ii) not more than 20 percent may be used for the award of grants under section 906(c). ``(3) Division of amounts for administrative expenses.--The amounts referred to in paragraphs (1)(A) and (2)(A) shall be divided between the Administrator and the Foundation pursuant to an agreement reached and documented by both the Administrator and the Foundation.''; and (4) in subsection (e)(2), by striking ``section 906(a)(1)'' and inserting ``section 906(a)''. (c) Eligible Uses of Amounts in the National Oceans and Coastal Security Fund.--Section 905 of the National Oceans and Coastal Security Act (16 U.S.C. 7504) is amended to read as follows: ``SEC. 905. ELIGIBLE USES. ``(a) In General.--Amounts in the Fund may be allocated by the Administrator under section 906(b) and the Foundation, in consultation with the Administrator, under section 906(c) to support programs and activities intended to improve understanding and use of ocean and coastal resources and coastal infrastructure. ``(b) Programs and Activities.--The programs and activities referred to in subsection (a) may include scientific research related to changing environmental conditions, ocean observing projects, efforts to enhance resiliency of infrastructure and communities (including project planning and design), habitat protection and restoration, monitoring and reducing damage to natural resources and marine life (including birds, marine mammals, and fish), and efforts to support sustainable seafood production carried out by States, local governments, Indian tribes, regional and interstate collaboratives (such as regional ocean partnerships), nongovernmental organizations, public-private partnerships, and academic institutions. ``(c) Prohibition on Use of Funds for Litigation or Other Purposes.--No funds made available under this title may be used-- ``(1) to fund litigation against the Federal Government; or ``(2) to fund the creation of national marine monuments, marine protected areas, or marine spatial plans.''. (d) Grants Under the National Oceans and Coastal Security Act.-- Section 906 of the National Oceans and Coastal Security Act (16 U.S.C. 7505) is amended-- (1) in subsection (a)-- (A) by striking paragraph (2); (B) by striking ``(a) Administration of Grants.--'' and all that follows through ``the following:'' and inserting the following: ``(a) Administration of Grants.--Not later than 90 days after funds are deposited in the Fund and made available to the Administrator and the Foundation for administrative purposes, the Administrator and the Foundation shall establish the following:''; (C) in subparagraph (A), by striking ``such subsections'' and inserting ``this section''; (D) by striking subparagraph (B) and inserting the following: ``(B) Selection procedures and criteria for the awarding of grants under this section that require consultation with the Administrator and the Secretary of the Interior.''; (E) in subparagraph (C), by striking clause (ii) and inserting the following: ``(ii) under subsection (c) to entities including States, local governments, Indian tribes, regional and interstate collaboratives (such as regional ocean partnerships), nongovernmental organizations, public-private partnerships, and academic institutions.''; (F) in subparagraph (D), by striking ``Performance accountability and monitoring'' and inserting ``Performance, accountability, and monitoring''; (G) by redesignating subparagraphs (A) through (H) as paragraphs (1) through (8), respectively, and moving such paragraphs, as so redesignated, 2 ems to the left; and (H) in paragraph (3), as so redesignated, by redesignating clauses (i) and (ii) as subparagraphs (A) and (B), respectively, and moving such subparagraphs, as so redesignated, 2 ems to the left; (2) by striking subsection (b) and inserting the following: ``(b) Grants to Coastal States.-- ``(1) In general.--The Administrator shall award grants to coastal States as follows: ``(A) 70 percent of available amounts shall be allocated equally among coastal States. ``(B) 15 percent of available amounts shall be allocated on the basis of the ratio of tidal shoreline in a coastal State to the tidal shoreline of all coastal States. ``(C) 15 percent of available amounts shall be allocated on the basis of the ratio of population density of the coastal counties of a coastal State to the average population density of all coastal counties based on the most recent data available from the Bureau of the Census. ``(2) Maximum allocation to states.--Notwithstanding paragraph (1), not more than 5 percent of the total funds distributed under this subsection may be allocated to any single coastal State. Any amount exceeding that limitation shall be redistributed equally among the remaining coastal States. ``(3) Optional matching funds.--Each entity seeking to receive a grant under this subsection is encouraged, but not required, to demonstrate that funds of any amount are available from non-Federal sources to supplement the amount of the grant.''; and (3) in subsection (c)-- (A) in paragraph (1), by striking ``The Administrator and the Foundation'' and inserting ``The Foundation, in consultation with the Administrator,''; and (B) by adding at the end the following: ``(3) Exclusion of funds from limitation.--The amount of a grant awarded under this subsection shall not count toward the limitation under subsection (b)(2) on funding to coastal States through grants awarded under subsection (b).''. (e) Annual Report on Operation of the National Oceans and Coastal Security Fund.--Section 907(a) of the National Oceans and Coastal Security Act (16 U.S.C. 7506(a)) is amended by striking ``Subject to'' and all that follows through ``the Foundation'' and inserting the following: ``Not later than 60 days after the end of each fiscal year, the Administrator and the Foundation''. (f) Repeal of Authorization of Appropriations for Fiscal Years 2017, 2018, and 2019.--Section 908 of the National Oceans and Coastal Security Act (16 U.S.C. 7507) is repealed. (g) Parity in Offshore Wind Revenue Sharing.--Section 8(p)(2) of the Outer Continental Shelf Lands Act (43 U.S.C. 1337(p)(2)) is amended-- (1) in subparagraph (A), by striking ``(A) The Secretary'' and inserting the following: ``(A) In general.--Subject to subparagraphs (B) and (C), the Secretary''; (2) in subparagraph (B), by striking ``(B) The Secretary'' and inserting the following: ``(B) Disposition of revenues for projects located within 3 nautical miles seaward of state submerged land.--The Secretary''; and (3) by adding at the end the following: ``(C) Disposition of revenues for offshore wind projects in certain areas.-- ``(i) Definitions.--In this subparagraph: ``(I) Covered offshore wind project.--The term `covered offshore wind project' means a wind-powered electric generation project in a lease area on the outer Continental Shelf that is not wholly or partially located within an area subject to subparagraph (B). ``(II) Eligible state.--The term `eligible State' means a State a point on the coastline of which is located within 75 miles of the geographic center of a lease tract lying wholly or partly within the area of the applicable covered offshore wind project. ``(ii) Requirement.--Of the operating fees, rentals, bonuses, royalties, and other payments that are paid to the Secretary under subparagraph (A) from covered offshore wind projects carried out under a lease entered into on or after January 1, 2022-- ``(I) 50 percent shall be deposited in the Treasury and credited to miscellaneous receipts; ``(II) 12.5 percent shall be deposited in the National Oceans and Coastal Security Fund established under section 904(a) of the National Oceans and Coastal Security Act (16 U.S.C. 7503(a)); and ``(III) 37.5 percent shall be deposited in a special account in the Treasury, from which the Secretary shall disburse to each eligible State an amount (based on a formula established by the Secretary of the Interior by rulemaking not later than 180 days after the date of enactment of the Reinvesting In Shoreline Economies and Ecosystems Act of 2023) that is inversely proportional to the respective distances between-- ``(aa) the point on the coastline of each eligible State that is closest to the geographic center of the applicable leased tract; and ``(bb) the geographic center of the leased tract. ``(iii) Timing.--The amounts required to be deposited under subclause (III) of clause (ii) for the applicable fiscal year shall be made available in accordance with that item during the fiscal year immediately following the applicable fiscal year. ``(iv) Authorized uses.-- ``(I) In general.--Subject to subclause (II), each State shall use all amounts received under clause (ii)(III) in accordance with all applicable Federal and State laws, only for 1 or more of the following purposes: ``(aa) Projects and activities for the purposes of coastal protection, including conservation, coastal restoration, hurricane protection, and infrastructure directly affected by coastal wetland losses. ``(bb) Mitigation of damage to fish, wildlife, or natural resources, including through fisheries science and research. ``(cc) Implementation of a federally approved marine, coastal, or comprehensive conservation management plan. ``(dd) Mitigation of the impact of outer Continental Shelf activities through the funding of onshore infrastructure projects, on the condition that the projects are not primarily for entertainment purposes. ``(ee) Planning assistance and the administrative costs of complying with this section. ``(II) Limitation.--Of the amounts received by a State under clause (ii)(III), not more than 3 percent shall be used for the purposes described in subclause (I)(ee). ``(v) Administration.--Subject to clause (vi)(III), amounts made available under clause (ii) shall-- ``(I) be made available, without further appropriation, in accordance with this paragraph; ``(II) remain available until expended; and ``(III) be in addition to any amount appropriated under any other Act. ``(vi) Reporting requirement for fiscal year 2023 and thereafter.-- ``(I) In general.--Beginning with fiscal year 2023, not later than 180 days after the end of each fiscal year, each eligible State that receives amounts under clause (ii)(III) for the applicable fiscal year shall submit to the Secretary a report that describes the use of the amounts by the eligible State during the period covered by the report. ``(II) Public availability.--On receipt of a report under subclause (I), the Secretary shall make the report available to the public on the website of the Department of the Interior. ``(III) Limitation.--If an eligible State that receives amounts under clause (ii)(III) for the applicable fiscal year fails to submit the report required under subclause (I) by the deadline specified in that subclause, any amounts that would otherwise be provided to the eligible State under clause (ii)(III) for the succeeding fiscal year shall be withheld for the succeeding fiscal year until the date on which the report is submitted. ``(IV) Contents of report.--Each report required under subclause (I) shall include, for each project funded in whole or in part using amounts received under clause (ii)(III)-- ``(aa) the name and description of the project; ``(bb) the amount received under clause (ii)(III) that is allocated to the project; and ``(cc) a description of how each project is consistent with the authorized uses under clause (iv)(I). ``(V) Clarification.--Nothing in this clause-- ``(aa) requires or provides authority for the Secretary to delay, modify, or withhold payment under clause (ii)(III), other than for failure to submit a report as required under this clause; ``(bb) requires or provides authority for the Secretary to review or approve uses of funds reported under this clause; ``(cc) requires or provides authority for the Secretary to approve individual projects that receive funds reported under this clause; ``(dd) requires an eligible State to obtain the approval of, or review by, the Secretary prior to spending funds disbursed under clause (ii)(III); ``(ee) requires or provides authority for the Secretary to issue guidance relating to the contents of, or to determine the completeness of, the report required under this clause; ``(ff) requires an eligible State to obligate or expend funds by a certain date; or ``(gg) requires or provides authority for the Secretary to request an eligible State to return unobligated funds.''. SEC. 3. GULF OF MEXICO OUTER CONTINENTAL SHELF REVENUES. (a) Authorized Uses.--Section 105(d)(1)(D) of the Gulf of Mexico Energy Security Act of 2006 (43 U.S.C. 1331 note; Public Law 109-432) is amended by inserting ``, on the condition that the projects are not primarily for entertainment purposes'' after ``infrastructure projects''. (b) Administration.--Section 105(e) of the Gulf of Mexico Energy Security Act of 2006 (43 U.S.C. 1331 note; Public Law 109-432) is amended, in the matter preceding paragraph (1), by striking ``Amounts'' and inserting ``Subject to subsection (g)(3), amounts''. (c) Elimination of Limitation on Amount of Distributed Qualified Outer Continental Shelf Revenues.--Section 105(f) of the Gulf of Mexico Energy Security Act of 2006 (43 U.S.C. 1331 note; Public Law 109-432) is amended-- (1) in paragraph (1)-- (A) in subparagraph (A), by inserting ``and'' after the semicolon; (B) in subparagraph (B), by striking ``; and'' and inserting a period; and (C) by striking subparagraph (C); and (2) in paragraph (2), by striking ``2055'' and inserting ``2022''. (d) Reporting Requirements.--Section 105 of the Gulf of Mexico Energy Security Act of 2006 (43 U.S.C. 1331 note; Public Law 109-432) is amended by adding at the end the following: ``(g) Reporting Requirement for Fiscal Year 2023 and Thereafter.-- ``(1) In general.--Beginning with fiscal year 2023, not later than 180 days after the end of each fiscal year, each Gulf producing State that receives amounts under subsection (a)(2)(A) for the applicable fiscal year shall submit to the Secretary a report that describes the use of the amounts by the Gulf producing State during the period covered by the report. ``(2) Public availability.--On receipt of a report under paragraph (1), the Secretary shall make the report available to the public on the website of the Department of the Interior. ``(3) Limitation.--If a Gulf producing State that receives amounts under subsection (a)(2)(A) for the applicable fiscal year fails to submit the report required under paragraph (1) by the deadline specified in that paragraph, any amounts that would otherwise be provided to the Gulf producing State under subsection (a)(2)(A) for the succeeding fiscal year shall be withheld for the succeeding fiscal year until the date on which the report is submitted. ``(4) Contents of report.--Each report required under paragraph (1) shall include, for each project funded in whole or in part using amounts received under subsection (a)(2)(A)-- ``(A) the name and description of the project; ``(B) the amount received under subsection (a)(2)(A) that is allocated to the project; and ``(C) a description of how each project is consistent with the authorized uses under subsection (d)(1). ``(5) Clarification.--Nothing in this clause-- ``(A) requires or provides authority for the Secretary to delay, modify, or withhold payment under subsection (a)(2)(A), other than for failure to submit a report as required under this subsection; ``(B) requires or provides authority for the Secretary to review or approve uses of funds reported under this subsection; ``(C) requires or provides authority for the Secretary to approve individual projects that receive funds reported under this subsection; ``(D) requires a Gulf producing State to obtain the approval of, or review by, the Secretary prior to spending funds disbursed under subsection (a)(2)(A); ``(E) requires or provides authority for the Secretary to issue guidance relating to the contents of, or to determine the completeness of, the report required under this subsection; ``(F) requires a Gulf producing State to obligate or expend funds by a certain date; or ``(G) requires or provides authority for the Secretary to request a Gulf producing State to return unobligated funds.''. SEC. 4. ELIMINATION OF ADMINISTRATIVE FEE UNDER THE MINERAL LEASING ACT. (a) In General.--Section 35 of the Mineral Leasing Act (30 U.S.C. 191) is amended-- (1) in subsection (a), in the first sentence, by striking ``and, subject to the provisions of subsection (b),''; (2) by striking subsection (b); (3) by redesignating subsections (c) and (d) as subsections (b) and (c), respectively; (4) in paragraph (3)(B)(ii) of subsection (b) (as so redesignated), by striking ``subsection (d)'' and inserting ``subsection (c)''; and (5) in paragraph (3)(A)(ii) of subsection (c) (as so redesignated), by striking ``subsection (c)(2)(B)'' and inserting ``subsection (b)(2)(B)''. (b) Conforming Amendments.-- (1) Section 6(a) of the Mineral Leasing Act for Acquired Lands (30 U.S.C. 355(a)) is amended-- (A) in the first sentence, by striking ``Subject to the provisions of section 35(b) of the Mineral Leasing Act (30 U.S.C. 191(b)), all'' and inserting ``All''; and (B) in the second sentence, by striking ``of the Act of February 25, 1920 (41 Stat. 450; 30 U.S.C. 191),'' and inserting ``of the Mineral Leasing Act (30 U.S.C. 191)''. (2) Section 20(a) of the Geothermal Steam Act of 1970 (30 U.S.C. 1019(a)) is amended, in the second sentence of the matter preceding paragraph (1), by striking ``the provisions of subsection (b) of section 35 of the Mineral Leasing Act (30 U.S.C. 191(b)) and section 5(a)(2) of this Act'' and inserting ``section 5(a)(2)''. (3) Section 205(f) of the Federal Oil and Gas Royalty Management Act of 1982 (30 U.S.C. 1735(f)) is amended-- (A) in the first sentence, by striking ``this Section'' and inserting ``this section''; and (B) by striking the fourth, fifth, and sixth sentences. &lt;all&gt; </pre></body></html>
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118S374
Transnational Criminal Organization Illicit Spotter Prevention and Elimination Act
[ [ "E000295", "Sen. Ernst, Joni [R-IA]", "sponsor" ], [ "L000575", "Sen. Lankford, James [R-OK]", "cosponsor" ], [ "B001305", "Sen. Budd, Ted [R-NC]", "cosponsor" ] ]
<html><body><pre>[Congressional Bills 118th Congress] [From the U.S. Government Publishing Office] [S. 374 Introduced in Senate (IS)] &lt;DOC&gt; 118th CONGRESS 1st Session S. 374 To prohibit the intentional hindering of immigration, border, and customs controls, and for other purposes. _______________________________________________________________________ IN THE SENATE OF THE UNITED STATES February 9, 2023 Ms. Ernst (for herself and Mr. Lankford) introduced the following bill; which was read twice and referred to the Committee on the Judiciary _______________________________________________________________________ A BILL To prohibit the intentional hindering of immigration, border, and customs controls, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Transnational Criminal Organization Illicit Spotter Prevention and Elimination Act''. SEC. 2. UNLAWFULLY HINDERING IMMIGRATION, BORDER, AND CUSTOMS CONTROLS. (a) Enhanced Penalties.-- (1) In general.--Chapter 9 of title II of the Immigration and Nationality Act (8 U.S.C. 1351 et seq.) is amended by adding at the end the following: ``SEC. 295. UNLAWFULLY HINDERING IMMIGRATION, BORDER, AND CUSTOMS CONTROLS. ``(a) Illicit Spotting.--Any person who knowingly transmits, by any means, to another person the location, movement, or activities of any Federal, State, local, or tribal law enforcement agency with the intent to further a Federal crime relating to United States immigration, customs, controlled substances, agriculture, monetary instruments, or other border controls shall be fined under title 18, United States Code, imprisoned not more than 10 years, or both. ``(b) Destruction of United States Border Controls.--Any person who knowingly and without lawful authorization destroys, alters, or damages any fence, barrier, sensor, camera, or other physical or electronic device deployed by the Federal Government to control the border or a port of entry or otherwise seeks to construct, excavate, or make any structure intended to defeat, circumvent, or evade any such fence, barrier, sensor camera, or other physical or electronic device deployed by the Federal Government to control the border or a port of entry-- ``(1) shall be fined under title 18, United States Code, imprisoned not more than 10 years, or both; or ``(2) if, at the time of the offense, the person uses or carries a firearm or who, in furtherance of any such crime, possesses a firearm, shall be fined under such title 18, imprisoned not more than 20 years, or both. ``(c) Conspiracy and Attempt.--Any person who attempts or conspires to violate subsection (a) or (b) shall be punished in the same manner as a person who completes a violation of such subsection.''. (2) Clerical amendment.--The table of contents in the first section of the Immigration and Nationality Act (8 U.S.C. 1101 et seq.) is amended by inserting after the item relating to section 294 the following: ``Sec. 295. Unlawfully hindering immigration, border, and customs controls.''. (b) Prohibiting Carrying or Use of a Firearm During and in Relation to an Alien Smuggling Crime.--Section 924(c) of title 18, United States Code, is amended-- (1) in paragraph (1)-- (A) in subparagraph (A), by inserting ``, alien smuggling crime,'' after ``crime of violence'' each place that term appears; and (B) in subparagraph (D)(ii), by inserting ``, alien smuggling crime,'' after ``crime of violence''; (2) by striking paragraphs (2) through (4); (3) by redesignating paragraph (5) as paragraph (2); and (4) by adding at the end the following: ``(3) In this subsection-- ``(A) the term `alien smuggling crime' means any felony punishable under section 274(a), 277, or 278 of the Immigration and Nationality Act (8 U.S.C. 1324(a), 1327, and 1328); ``(B) the term `brandish' means, with respect to a firearm, to display all or part of the firearm, or otherwise make the presence of the firearm known to another person, in order to intimidate that person, regardless of whether the firearm is directly visible to such person; ``(C) the term `crime of violence' means an offense that-- ``(i) is a felony; and ``(ii)(I) has, as an element, the use, attempted use, or threatened use of physical force against the person or property of another; or ``(II) by its nature, involves a substantial risk that physical force against the person or property of another may be used in the course of committing the offense. ``(D) the term `drug trafficking crime' means any felony punishable under the Controlled Substances Act (21 U.S.C. 801 et seq.), the Controlled Substances Import and Export Act (21 U.S.C. 951 et seq.), or chapter 705 of title 46.''. (c) Conforming Amendments.-- (1) Bankruptcy code.--Section 707(c)(1)(B) of title 11, United States Code, is amended by striking ``section 924(c)(2)'' and inserting ``section 924(c)(3)(D)''. (2) Criminal code.--Title 18, United States Code, is amended-- (A) in section 844(o)-- (i) by striking ``section 924(c)(3)'' and inserting ``section 924(c)(3)(C)''; and (ii) by striking ``section 924(c)(2)'' and inserting ``section 924(c)(3)(D)''; (B) in section 1028(b)(3)(B), by striking ``section 924(c)(3)'' and inserting ``section 924(c)(3)(C)''; and (C) in section 4042(b)(3)-- (i) in subparagraph (A), by striking ``section 924(c)(2)'' and inserting ``section 924(c)(3)(D)''; and (ii) in subparagraph (B), by striking ``section 924(c)(3)'' and inserting ``section 924(c)(3)(C)''. (3) Prisons.--Section 3(1) of the Interstate Transportation of Dangerous Criminals Act of 2000 (34 U.S.C. 60102(1)) is amended by striking ``section 924(c)(3)'' and inserting ``section 924(c)(3)(C)''. (d) Statute of Limitations.--Section 3298 of title 18, United States Code, is amended-- (1) by inserting ``or 295'' after ``274(a)''; and (2) by inserting ``(8 U.S.C. 1324(a) and 1363b)'' after ``Immigration and Nationality Act''. &lt;all&gt; </pre></body></html>
[ "Immigration" ]
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118S375
Simplifying Grants Act of 2023
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<p><strong>Simplifying Grants Act of 2023</strong></p> <p>This bill sets forth procedures for simplifying the grant process for nonurbanized areas, for both existing and new grant programs. </p> <p>Each agency must make publicly available a checklist for covered local governments with respect to each grant program of the agency for which such governments are otherwise eligible that includes each requirement for every step of the grant process.</p> <p>The Office of Management and Budget must report to Congress (1) within 270 days of this bill's enactment, evaluating the extent to which agencies have simplified the requirements and made the checklist available; and (2) each April 1st, evaluating the amount of technical assistance provided and the amount of funds awarded.</p>
<html><body><pre>[Congressional Bills 118th Congress] [From the U.S. Government Publishing Office] [S. 375 Introduced in Senate (IS)] &lt;DOC&gt; 118th CONGRESS 1st Session S. 375 To simplify the grant process for nonurbanized areas, and for other purposes. _______________________________________________________________________ IN THE SENATE OF THE UNITED STATES February 9, 2023 Mr. Rubio (for himself, Mr. Risch, Mrs. Capito, Mr. Wicker, Mr. Scott of Florida, and Mr. Tuberville) introduced the following bill; which was read twice and referred to the Committee on Homeland Security and Governmental Affairs _______________________________________________________________________ A BILL To simplify the grant process for nonurbanized areas, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Simplifying Grants Act of 2023''. SEC. 2. DEFINITIONS. In this Act: (1) Agency.--The term ``agency'' means an Executive department or independent establishment, as such terms are defined in sections 101 and 104 of title 5, United States Code, respectively. (2) Covered local government.--The term ``covered local government'' means a local government with jurisdiction over an area of which the population is less than the population required to be an urbanized area. (3) Director.--The term ``Director'' means the Director of the Office of Management and Budget. (4) Local government.--The term ``local government'' means a county, municipality, city, town, township, or other general purpose political subdivision of a State. (5) State.--The term ``State'' means any State of the United States, the District of Columbia, and any commonwealth, territory, or possession of the United States. (6) Urbanized area.--The term ``urbanized area'' means an urbanized area, as determined by the Bureau of the Census for purposes of the most recent decennial census of population. SEC. 3. GRANT PROCESS SIMPLIFICATION. (a) Existing Grant Programs.--For each grant program of an agency in existence on the date of enactment of this Act under which covered local governments are eligible to receive grants, not later than 180 days after the date of enactment of this Act-- (1) the Director shall-- (A) conduct a review of the complexity of the requirements for a covered local government to receive funds under a grant under the program; and (B) provide to the head of the agency instructions on how to simplify such requirements; and (2) the head of the agency, in consultation with the Director, shall simplify such requirements. (b) New Grant Programs.--For each grant program of an agency established after the date of enactment of this Act under which covered local governments are eligible to receive grants, before the application for grants under the program becomes available-- (1) the Director shall-- (A) conduct a review of the complexity of the proposed requirements for a covered local government to receive funds under a grant under the program; and (B) provide to the head of the agency instructions on how to simplify such requirements; and (2) the head of each agency, in consultation with the Director, shall simplify such requirements. (c) Checklists.-- (1) In general.--In accordance with paragraph (2), the head of each agency shall make publicly available a checklist for covered local governments with respect to each grant program of the agency for which covered local governments are otherwise eligible that includes each requirement for each step of the grant process for a grant under the grant program. (2) Deadline.--The head of an agency shall make publicly available a checklist under paragraph (1)-- (A) with respect to a grant program in existence on the date of enactment of this Act, not later than 180 days after the date of enactment of this Act; and (B) with respect to a grant program established after the date of enactment of this Act, on the date on which the application for the grant program becomes available. SEC. 4. REPORTING. (a) One-Time Report.--Not later than 270 days after the date of enactment of this Act, the Director shall submit to Congress a report evaluating, as of the date of submission of the report-- (1) the extent to which agencies have simplified the requirements for covered local governments under section 3(a); and (2) the extent to which agencies made available checklists under section 3(c)(1) for each grant program in existence on the date of enactment of this Act. (b) Ongoing Report.--Not later than April 1 of the first year after the year during which this Act is enacted, and every April 1 thereafter, the Director shall submit to Congress a report evaluating-- (1) the amount of technical assistance provided to covered local governments during the previous fiscal year by agencies relating to the preaward, award, implementation, and closeout stages of grants awarded by the agencies; and (2) the amount of funds that were awarded by agencies during the previous fiscal year to-- (A) covered local governments; and (B) local governments that are not covered local governments. &lt;all&gt; </pre></body></html>
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118S376
A bill to designate the area between the intersections of 16th Street, Northwest and Fuller Street, Northwest and 16th Street, Northwest and Euclid Street, Northwest in Washington, District of Columbia, as "Oswaldo Paya Way".
[ [ "C001098", "Sen. Cruz, Ted [R-TX]", "sponsor" ], [ "D000563", "Sen. Durbin, Richard J. [D-IL]", "cosponsor" ], [ "R000595", "Sen. Rubio, Marco [R-FL]", "cosponsor" ], [ "M000639", "Sen. Menendez, Robert [D-NJ]", "cosponsor" ], [ "S001217", "Sen. Scott, Rick [R-FL]", "cosponsor" ], [ "C000141", "Sen. Cardin, Benjamin L. [D-MD]", "cosponsor" ] ]
<p>This bill designates the area in front of the Cuban embassy in the District of Columbia as <i></i> Oswaldo Pay&aacute; Way. (Oswaldo Pay&aacute; was a pro-democracy activist in Cuba.)</p>
<html><body><pre>[Congressional Bills 118th Congress] [From the U.S. Government Publishing Office] [S. 376 Introduced in Senate (IS)] &lt;DOC&gt; 118th CONGRESS 1st Session S. 376 To designate the area between the intersections of 16th Street, Northwest and Fuller Street, Northwest and 16th Street, Northwest and Euclid Street, Northwest in Washington, District of Columbia, as ``Oswaldo Paya Way''. _______________________________________________________________________ IN THE SENATE OF THE UNITED STATES February 9, 2023 Mr. Cruz (for himself, Mr. Durbin, Mr. Rubio, Mr. Menendez, Mr. Scott of Florida, and Mr. Cardin) introduced the following bill; which was read twice and referred to the Committee on Homeland Security and Governmental Affairs _______________________________________________________________________ A BILL To designate the area between the intersections of 16th Street, Northwest and Fuller Street, Northwest and 16th Street, Northwest and Euclid Street, Northwest in Washington, District of Columbia, as ``Oswaldo Paya Way''. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. FINDINGS. Congress finds that-- (1) the revolution led by Fidel Castro in Cuba in 1959 started 64 years of an ongoing dictatorship, systemic human rights abuses, and a lack of basic freedom of press, religion, assembly, and association that continue to this day under the Communist rule of Raul Castro and his successor, Miguel Diaz- Canel; (2) Oswaldo Paya Sardinas was a Cuban political dissident and activist dedicated to promoting democratic freedoms and human rights in Cuba; (3) the Communist Party of Cuba has always viewed individuals with a commitment to democracy and freedom as a threat to the existence of the Communist Party of Cuba; (4) on July 22, 2012, a violent car crash, widely believed to have been carried out by the Castro regime, took the lives of Oswaldo Paya and Harold Cepero, another democratic activist; (5) the official investigation conducted by the Cuban regime into the crash has been demonstrated to be compromised, and the Cuban regime has blocked all efforts to conduct a credible and independent investigation into the crash, leaving the circumstances of the death of Oswaldo Paya unknown; (6) opposition by Oswaldo Paya to the Communist Party of Cuba began at a young age, when he refused to become a member of the Young Communist League as a primary school student, and continued through high school, when he publicly criticized the invasion of Czechoslovakia by the Soviet Union; (7) the Communist Party of Cuba responded to the opposition by Oswaldo Paya to the invasion of Czechoslovakia by the Soviet Union by sending Oswaldo Paya to a labor camp for 3 years; (8) Oswaldo Paya forewent a chance to escape Cuba in the 1980 Mariel boatlift, deciding instead to continue the fight for democracy in Cuba, saying, ``This is what I am supposed to be, this is what I have to do.''; (9) by creating the Varela Project in 1998, Oswaldo Paya demonstrated his staunch commitment to peacefully advocating for freedom of speech and freedom of assembly for his fellow Cubans; (10) in recognition of his determination for political reforms through peaceful protests, Oswaldo Paya was awarded the Sakharov Prize for Freedom of Thought by the European Parliament in 2002 and the W. Averell Harriman Democracy Award from the National Democratic Institute for International Affairs in 2003 and was nominated for the Nobel Peace Prize by former Czech President Vaclav Havel in 2005; (11) on April 11, 2018, the Senate unanimously passed S. Res. 224, recognizing the sixth anniversary of the death of Oswaldo Paya Sardinas, commemorating his legacy and commitment to democratic values and principles, and calling on the Cuban Government to allow an impartial, third-party investigation into the circumstances surrounding his death; and (12) renaming the street in front of the Embassy of Cuba in the District of Columbia after Oswaldo Paya serves as an expression of solidarity between the people of the United States and the people of Cuba, who are engaged in a long, nonviolent struggle for fundamental human rights. SEC. 2. DESIGNATION OF OSWALDO PAYA WAY. (a) Designation of Way.-- (1) In general.--The area between the intersections of 16th Street, Northwest and Fuller Street, Northwest and 16th Street, Northwest and Euclid Street, Northwest in Washington, District of Columbia, shall be known and designated as ``Oswaldo Paya Way''. (2) References.--Any reference in a law, map, regulation, document, paper, or other record of the United States to the area referred to in paragraph (1) shall be deemed to be a reference to Oswaldo Paya Way. (b) Designation of Address.-- (1) Designation.--The address of 2630 16th Street, Northwest, Washington, District of Columbia, shall be redesignated as 2630 Oswaldo Paya Way. (2) References.--Any reference in a law, map, regulation, document, paper, or other record of the United States to the address referred to in paragraph (1) shall be deemed to be a reference to 2630 Oswaldo Paya Way. (c) Signs.--The District of Columbia shall construct 2 street signs that shall-- (1) contain the phrase ``Oswaldo Paya Way''; (2) be placed immediately above existing signs at the intersections of 16th Street, Northwest and Fuller Street, Northwest and 16th Street, Northwest and Euclid Street, Northwest in Washington, District of Columbia; and (3) be similar in design to the signs used by the District of Columbia to designate the location of Metro stations. &lt;all&gt; </pre></body></html>
[ "Government Operations and Politics" ]
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118S377
Domestic Reinvestment Act of 2023
[ [ "G000359", "Sen. Graham, Lindsey [R-SC]", "sponsor" ], [ "S001184", "Sen. Scott, Tim [R-SC]", "cosponsor" ] ]
<p><b>Domestic Reinvestment Act of 2023</b></p> <p>This bill prohibits the Department of Homeland Security (DHS) or any other person from requiring any repayment, recoupment, or offset of certain antidumping and countervailing duties. The bill also requires DHS, within 90 days, to (1) refund any repayment or recoupment of these payments that were collected by U.S. Customs and Border Protection (CBP) after January 1, 2017, and (2) fully distribute any antidumping or countervailing duties withheld as an offset by CBP.</p>
<html><body><pre>[Congressional Bills 118th Congress] [From the U.S. Government Publishing Office] [S. 377 Introduced in Senate (IS)] &lt;DOC&gt; 118th CONGRESS 1st Session S. 377 To prohibit the Secretary of Homeland Security, or any other person, from requiring repayment, recoupment, or offset of certain antidumping duties and countervailing duties paid under section 754 of the Tariff Act of 1930, and for other purposes. _______________________________________________________________________ IN THE SENATE OF THE UNITED STATES February 9, 2023 Mr. Graham (for himself and Mr. Scott of South Carolina) introduced the following bill; which was read twice and referred to the Committee on Finance _______________________________________________________________________ A BILL To prohibit the Secretary of Homeland Security, or any other person, from requiring repayment, recoupment, or offset of certain antidumping duties and countervailing duties paid under section 754 of the Tariff Act of 1930, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Domestic Reinvestment Act of 2023''. SEC. 2. TERMINATION OF ALL EFFORTS TO CLAWBACK PAYMENTS OF CERTAIN ANTIDUMPING DUTIES AND COUNTERVAILING DUTIES. (a) In General.--Notwithstanding any other provision of law, neither the Secretary of Homeland Security nor any other person may-- (1) require repayment of, or attempt in any other way to recoup, any payment described in subsection (b); or (2) offset any past, current, or future distributions of antidumping duties or countervailing duties assessed on any imports in an attempt to recoup any payment described in subsection (b). (b) Payments Described.--Payments described in this subsection are payments of antidumping duties or countervailing duties made pursuant to section 754 of the Tariff Act of 1930 (19 U.S.C. 1675c (repealed by subtitle F of title VII of the Deficit Reduction Act of 2005 (Public Law 109-171; 120 Stat. 154))) that were-- (1) assessed and paid with respect to imports of goods from any country; and (2) distributed on or after January 1, 2001. (c) Payment of Certain Funds Collected or Withheld.--Except with respect to payments described in subsection (d), not later than 90 days after the date of the enactment of this Act, the Secretary of Homeland Security shall-- (1) refund any repayment or other recoupment of any payment described in subsection (b) that was collected by the Commissioner of U.S. Customs and Border Protection after January 1, 2017; and (2) fully distribute any antidumping duties or countervailing duties that the Commissioner is withholding as an offset as described in subsection (a)(2). (d) Limitation.--Nothing in this section shall be construed to prevent the Secretary of Homeland Security, or any other person, from retaining, offsetting, requiring repayment of, or attempting to otherwise recoup, any payment described in subsection (b) as a result of-- (1) a finding of false statements, other misconduct, or insufficient verification of a certification by a recipient of such a payment; or (2) the issuance of a refund to an importer or surety pursuant to a settlement, court order, or reliquidation of an entry with respect to which such a payment was made. &lt;all&gt; </pre></body></html>
[ "Foreign Trade and International Finance", "Competitiveness, trade promotion, trade deficits", "Tariffs" ]
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118S378
Protect Camp Lejeune VETS Act
[ [ "S001198", "Sen. Sullivan, Dan [R-AK]", "sponsor" ], [ "M000355", "Sen. McConnell, Mitch [R-KY]", "cosponsor" ], [ "G000386", "Sen. Grassley, Chuck [R-IA]", "cosponsor" ], [ "B001261", "Sen. Barrasso, John [R-WY]", "cosponsor" ], [ "C001096", "Sen. Cramer, Kevin [R-ND]", "cosponsor" ], [ "D000618", "Sen. Daines, Steve [R-MT]", "cosponsor" ], [ "L000571", "Sen. Lummis, Cynthia M. [R-WY]", "cosponsor" ], [ "R000595", "Sen. Rubio, Marco [R-FL]", "cosponsor" ], [ "T000278", "Sen. Tuberville, Tommy [R-AL]", "cosponsor" ], [ "C001095", "Sen. Cotton, Tom [R-AR]", "cosponsor" ], [ "E000295", "Sen. Ernst, Joni [R-IA]", "cosponsor" ], [ "C001035", "Sen. Collins, Susan M. [R-ME]", "cosponsor" ], [ "H001061", "Sen. Hoeven, John [R-ND]", "cosponsor" ], [ "M001198", "Sen. Marshall, Roger [R-KS]", "cosponsor" ], [ "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. 378 Introduced in Senate (IS)] &lt;DOC&gt; 118th CONGRESS 1st Session S. 378 To amend the Camp Lejeune Justice Act of 2022 to appropriately limit attorney's fees. _______________________________________________________________________ IN THE SENATE OF THE UNITED STATES February 9, 2023 Mr. Sullivan (for himself, Mr. McConnell, Mr. Grassley, Mr. Barrasso, Mr. Cramer, Mr. Daines, Ms. Lummis, Mr. Rubio, Mr. Tuberville, and Mr. Cotton) introduced the following bill; which was read twice and referred to the Committee on the Judiciary _______________________________________________________________________ A BILL To amend the Camp Lejeune Justice Act of 2022 to appropriately limit attorney's fees. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Protect Camp Lejeune Victims Ensnared by Trial-lawyer's Scams Act'' or the ``Protect Camp Lejeune VETS Act''. SEC. 2. ATTORNEYS FEES IN FEDERAL CAUSE OF ACTION RELATING TO WATER AT CAMP LEJEUNE, NORTH CAROLINA. (a) In General.--The Camp Lejeune Justice Act of 2022 (28 U.S.C. 2671 note prec.) is amended-- (1) by redesignating subsections (h), (i), and (j) as subsections (j), (k), and (l), respectively; and (2) by inserting after subsection (g) the following: ``(h) Attorneys Fees.-- ``(1) Limitations.-- ``(A) General rule.--Notwithstanding any contract, an attorney filing an action under subsection (b) or an administrative action relating to such an action (as described in section 2675 of title 28, United States Code) (in this section referred to as an `administrative claim') may not receive, for services rendered in connection with the action, more than-- ``(i) 12 percent of the payment made in the action for an administrative claim (including a resubmission of an administrative claim after the denial of an initial administrative claim); or ``(ii) 17 percent of the payment made in the action for a judgment rendered or settlement entered in an action filed under subsection (b). ``(B) Amount of payment determined after offset.-- For purposes of this subsection, the amount of the payment made in an action shall be the amount of the payment after any offsetting reduction under subsection (e)(2) is made. ``(C) Prohibition on ancillary fees and costs.-- Attorneys fees paid in accordance with this subsection may not include any ancillary fees or costs. ``(2) Penalty.--Any attorney who violates paragraph (1) shall be fined not more than $5,000. ``(3) Certification of fees.--An attorney that receives payment for services rendered in connection with an action filed under subsection (b) or an administrative claim shall submit to the court in which the action under subsection (b) is pending or to the Secretary of the Navy, respectively, a statement certifying-- ``(A) the total amount of the payment in the action; ``(B) the amount of the payment to the attorney with respect to the action; and ``(C) whether the percentage of the payment made to the attorney is in accordance with paragraph (1). ``(4) Disclosure.-- ``(A) In general.--Any judgment rendered, settlement entered, or other award made with respect to an action filed under subsection (b) or an administrative claim shall require disclosure to the Attorney General or to the court of the attorneys fees charged to an individual, or the legal representative of an individual. ``(B) Reporting.--The Attorney General shall collect the disclosures under subparagraph (A) of attorneys fees charged and submit to Congress an annual report detailing-- ``(i) the total amount paid under such judgments, settlements, and awards; ``(ii) the total amount of attorney fees paid in connection with such judgments, settlements, and awards; and ``(iii) for each such judgment, settlement, or award-- ``(I) the name of the attorney for the individual or legal representative of the individual; ``(II) if applicable, the law firm of the attorney; and ``(III) the amount of fees paid to the attorney. ``(5) Applicability.--This subsection shall apply with respect to any action filed under subsection (b) and any administrative action that is pending on, or that is filed on or after, the date of enactment of the Protect Camp Lejeune VETS Act, including pending matters in which a judgment was rendered, a settlement was entered, or another award was made before such date of enactment. ``(6) Severability.--If any provision of this subsection or the application of such provision to any person or circumstance is held to be invalid or unconstitutional, the remainder of this subsection and the application of such provisions to any person or circumstance shall not be affected thereby.''. (b) Guidance.--Not later than 30 days after the date of enactment of this Act, the Secretary of the Navy shall issue guidance for claimants under the Camp Lejeune Justice Act of 2022 (28 U.S.C. 2671 note prec.) regarding the documentation necessary to establish a claim under such Act. (c) Compensation Schedule.--Not later than 180 days after the date of enactment of this Act, the Secretary of the Navy shall issue a compensation schedule specifying the amount of payments for claimants under the Camp Lejeune Justice Act of 2022 (28 U.S.C. 2671 note prec.), based on the injuries suffered by the claimant. &lt;all&gt; </pre></body></html>
[ "Law" ]
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118S379
Freedom To Compete Act of 2023
[ [ "R000595", "Sen. Rubio, Marco [R-FL]", "sponsor" ], [ "H001076", "Sen. Hassan, Margaret Wood [D-NH]", "cosponsor" ] ]
<p><strong>Freedom to Compete Act</strong><b> of 2023</b></p> <p>This bill prohibits an employer from enforcing, or threatening to enforce, any non-compete agreement in employment contracts with certain entry level, lower wage workers. A non-compete agreement entered into before the enactment of this bill shall be void and have no effect. </p>
<html><body><pre>[Congressional Bills 118th Congress] [From the U.S. Government Publishing Office] [S. 379 Introduced in Senate (IS)] &lt;DOC&gt; 118th CONGRESS 1st Session S. 379 To amend the Fair Labor Standards Act of 1938 to prevent employers from using non-compete agreements in employment contracts for certain non- exempt employees. _______________________________________________________________________ IN THE SENATE OF THE UNITED STATES February 9, 2023 Mr. Rubio (for himself and Ms. Hassan) introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions _______________________________________________________________________ A BILL To amend the Fair Labor Standards Act of 1938 to prevent employers from using non-compete agreements in employment contracts for certain non- exempt employees. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Freedom To Compete Act of 2023''. SEC. 2. LIMITATION ON NON-COMPETE AGREEMENTS. (a) In General.--The Fair Labor Standards Act of 1938 (29 U.S.C. 201 et seq.) is amended by inserting after section 7 the following: ``SEC. 8. LIMITATION ON NON-COMPETE AGREEMENTS. ``(a) Definition of Non-Compete Agreement.--In this section, the term `non-compete agreement' means an agreement, entered into between an employer and an employee, that restricts such employee from performing, after the employment relationship between the employer and the employee terminates, any of the following: ``(1) Any work for another employer for a specified period of time. ``(2) Any work in a specified geographical area. ``(3) Any work for another employer that is similar to such employee's work for the employer that is a party to such agreement. ``(b) In General.-- ``(1) No enforcement of non-compete agreements.--Any non- compete agreement entered into before the date of enactment of the Freedom To Compete Act of 2023 shall be void and have no effect. An employer shall not enforce, or threaten to enforce, any non-compete agreement with an employee. ``(2) No new non-compete agreements.--Beginning on the date of enactment of the Freedom To Compete Act of 2023, an employer shall not enter into, extend, or renew any non-compete agreement with an employee. ``(3) Limit on applicability.--This subsection shall not apply with respect to any employee described in section 13(a)(1). ``(c) Rule of Construction Regarding Trade Secrets.--Nothing in this section shall preclude an employer from entering into an agreement with an employee to not share any information (including after the employee is no longer employed by the employer) regarding the employer or the employment that is a trade secret, as defined in section 1839 of title 18, United States Code.''. (b) Enforcement.-- (1) Prohibited act.--Section 15(a) of the Fair Labor Standards Act of 1938 (29 U.S.C. 215(a)) is amended-- (A) in paragraph (5), by striking ``and''; (B) in paragraph (6), by striking the period at the end and inserting ``; and''; and (C) by adding at the end the following: ``(7) to violate any of the provisions of section 8.''. (2) Penalties.--Section 16 of the Fair Labor Standards Act of 1938 (29 U.S.C. 216) is amended-- (A) in subsection (a), by inserting ``, except that a person convicted of a violation of section 15(a)(7) shall not be subject to imprisonment'' after ``or both''; (B) in subsection (b), by inserting ``Any employer who violates the provisions of section 8 shall be liable for such legal or equitable relief as may be appropriate to effectuate the purposes of such section.'' after the third sentence; (C) in subsection (c), by adding at the end the following: ``The authority and requirements described in this subsection shall also apply with respect to a violation of section 8, as appropriate, and the employer shall be liable for such legal or equitable relief as may be appropriate to effectuate the purposes of such section.''; and (D) in subsection (e)(2), by striking ``section 6 or 7, relating to wages,'' and inserting ``section 6, 7, or 8, relating to wages or non-compete agreements,''. (c) Conforming Amendment.--Section 10 of the Fair Labor Standards Act of 1938 (29 U.S.C. 210) is repealed. (d) Effective Date.-- (1) In general.--The amendments made by this Act shall take effect 180 days after the date of enactment of this Act. (2) Applicability.--This Act, and the amendments made by this Act, shall apply with respect to any dispute or claim for which proceedings commenced on or after the effective date described in paragraph (1). &lt;all&gt; </pre></body></html>
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118S38
Veteran Entrepreneurship Training Act of 2023
[ [ "D000622", "Sen. Duckworth, Tammy [D-IL]", "sponsor" ], [ "E000295", "Sen. Ernst, Joni [R-IA]", "cosponsor" ] ]
<p><b>Veteran Entrepreneurship Training Act of 2023</b></p> <p>This bill&nbsp;provides statutory authority for&nbsp;the Boots to Business Program, which provides entrepreneurship training to individuals including veterans and active members of the Armed Forces,&nbsp;to be administered by the Small Business Administration.</p>
<html><body><pre>[Congressional Bills 118th Congress] [From the U.S. Government Publishing Office] [S. 38 Introduced in Senate (IS)] &lt;DOC&gt; 118th CONGRESS 1st Session S. 38 To amend the Small Business Act to codify the Boots to Business Program, and for other purposes. _______________________________________________________________________ IN THE SENATE OF THE UNITED STATES January 24 (legislative day, January 3), 2023 Ms. Duckworth (for herself and Ms. Ernst) introduced the following bill; which was read twice and referred to the Committee on Small Business and Entrepreneurship _______________________________________________________________________ A BILL To amend the Small Business Act to codify the Boots to Business 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 ``Veteran Entrepreneurship Training Act of 2023''. SEC. 2. BOOTS TO BUSINESS PROGRAM. Section 32 of the Small Business Act (15 U.S.C. 657b) is amended by adding at the end the following: ``(h) Boots to Business Program.-- ``(1) Covered individual defined.--In this subsection, the term `covered individual' means-- ``(A) a member of the Armed Forces, including the National Guard or Reserves; ``(B) an individual who is participating in the Transition Assistance Program established under section 1144 of title 10, United States Code; ``(C) an individual who-- ``(i) served on active duty in any branch of the Armed Forces, including the National Guard or Reserves; and ``(ii) was discharged or released from such service under conditions other than dishonorable; and ``(D) a spouse or dependent of an individual described in subparagraph (A), (B), or (C). ``(2) Establishment.--During the period beginning on the date of enactment of this subsection and ending on September 30, 2028, the Administrator shall carry out a program to be known as the `Boots to Business Program' to provide entrepreneurship training to covered individuals. ``(3) Goals.--The goals of the Boots to Business Program are to-- ``(A) provide assistance and in-depth training to covered individuals interested in business ownership; and ``(B) provide covered individuals with the tools, skills, and knowledge necessary to identify a business opportunity, draft a business plan, identify sources of capital, connect with local resources for small business concerns, and start up a small business concern. ``(4) Program components.-- ``(A) In general.--The Boots to Business Program may include-- ``(i) a presentation providing exposure to the considerations involved in self-employment and ownership of a small business concern; ``(ii) an online, self-study course focused on the basic skills of entrepreneurship, the language of business, and the considerations involved in self-employment and ownership of a small business concern; ``(iii) an in-person classroom instruction component providing an introduction to the foundations of self employment and ownership of a small business concern; and ``(iv) in-depth training delivered through online instruction, including an online course that leads to the creation of a business plan. ``(B) Collaboration.--The Administrator may-- ``(i) collaborate with public and private entities to develop course curricula for the Boots to Business Program; and ``(ii) modify program components in coordination with entities participating in a Warriors in Transition program, as defined in section 738(e) of the National Defense Authorization Act for Fiscal Year 2013 (10 U.S.C. 1071 note). ``(C) Use of resource partners and district offices.-- ``(i) In general.--The Administrator shall-- ``(I) ensure that Veteran Business Outreach Centers regularly participate, on a nationwide basis, in the Boots to Business Program; and ``(II) to the maximum extent practicable, use district offices of the Administration and a variety of other resource partners and entities in administering the Boots to Business Program. ``(ii) Grant authority.--In carrying out clause (i), the Administrator may make grants to Veteran Business Outreach Centers, other resource partners, or other entities to carry out components of the Boots to Business Program. ``(D) Availability to department of defense and the department of labor.--The Administrator shall make available to the Secretary of Defense and the Secretary of Labor information regarding the Boots to Business Program, including all course materials and outreach materials related to the Boots to Business Program, for inclusion on the websites of the Department of Defense and the Department of Labor relating to the Transition Assistance Program, in the Transition Assistance Program manual, and in other relevant materials available for distribution from the Secretary of Defense and the Secretary of Labor. ``(E) Availability to department of veterans affairs.--In consultation with the Secretary of Veterans Affairs, the Administrator shall make available for distribution and display on the website of the Department of Veterans Affairs and at local facilities of the Department of Veterans Affairs outreach materials regarding the Boots to Business Program, which shall, at a minimum-- ``(i) describe the Boots to Business Program and the services provided; and ``(ii) include eligibility requirements for participating in the Boots to Business Program. ``(F) Availability to other participating agencies.--The Administrator shall ensure information regarding the Boots to Business program, including all course materials and outreach materials related to the Boots to Business Program, is made available to other participating agencies in the Transition Assistance Program and upon request of other agencies. ``(5) Competitive bidding procedures.--The Administration shall use relevant competitive bidding procedures with respect to any contract or cooperative agreement executed by the Administration under the Boots to Business Program. ``(6) Publication of notice of funding opportunity.--Not later than 30 days before the deadline for submitting applications for any funding opportunity under the Boots to Business Program, the Administration shall publish a notice of the funding opportunity. ``(7) Report.--Not later than 180 days after the date of enactment of this subsection, and not less frequently than annually thereafter, the Administrator shall submit to the Committee on Small Business and Entrepreneurship of the Senate and the Committee on Small Business of the House of Representatives a report on the performance and effectiveness of the Boots to Business Program, which-- ``(A) may be included as part of another report submitted to such committees by the Administrator related to the Office of Veterans Business Development; and ``(B) shall summarize available information relating to-- ``(i) grants awarded under paragraph (4)(C); ``(ii) the total cost of the Boots to Business Program; ``(iii) the amount of program funds used for domestic and international travel expenses; ``(iv) the number of program participants using each component of the Boots to Business Program; ``(v) the completion rates for each component of the Boots to Business Program; ``(vi) to the extent possible-- ``(I) the demographics of program participants, to include gender, age, race, ethnicity, and relationship to military; ``(II) the number of program participants that connect with a district office of the Administration, a Veteran Business Outreach Center, or another resource partner of the Administration; ``(III) the number of program participants that start a small business concern; ``(IV) the results of the Boots to Business and Boots to Business Reboot course quality surveys conducted by the Office of Veterans Business Development before and after attending each of those courses, including a summary of any comments received from program participants; ``(V) the results of the Boots to Business Program outcome surveys conducted by the Office of Veterans Business Development, including a summary of any comments received from program participants; and ``(VI) the results of other germane participant satisfaction surveys; ``(C) an evaluation of the overall effectiveness of the Boots to Business Program based on each geographic region covered by the Administration during the most recent fiscal year; ``(D) an assessment of additional performance outcome measures for the Boots to Business Program, as identified by the Administrator; ``(E) any recommendations of the Administrator for improvement of the Boots to Business Program, which may include expansion of the types of individuals who are covered individuals; ``(F) an explanation of how the Boots to Business Program has been integrated with other transition programs and related resources of the Administration and other Federal agencies; and ``(G) any additional information the Administrator determines necessary.''. &lt;all&gt; </pre></body></html>
[ "Commerce" ]
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118S380
Felony Murder for Deadly Fentanyl Distribution Act of 2023
[ [ "R000595", "Sen. Rubio, Marco [R-FL]", "sponsor" ], [ "E000295", "Sen. Ernst, Joni [R-IA]", "cosponsor" ], [ "M001198", "Sen. Marshall, Roger [R-KS]", "cosponsor" ], [ "H001079", "Sen. Hyde-Smith, Cindy [R-MS]", "cosponsor" ], [ "C001098", "Sen. Cruz, Ted [R-TX]", "cosponsor" ], [ "H000601", "Sen. Hagerty, Bill [R-TN]", "cosponsor" ], [ "C001075", "Sen. Cassidy, Bill [R-LA]", "cosponsor" ], [ "R000584", "Sen. Risch, James E. [R-ID]", "cosponsor" ], [ "L000575", "Sen. Lankford, James [R-OK]", "cosponsor" ], [ "D000618", "Sen. Daines, Steve [R-MT]", "cosponsor" ], [ "W000437", "Sen. Wicker, Roger F. [R-MS]", "cosponsor" ], [ "B001310", "Sen. Braun, Mike [R-IN]", "cosponsor" ], [ "B001305", "Sen. Budd, Ted [R-NC]", "cosponsor" ], [ "C001095", "Sen. Cotton, Tom [R-AR]", "cosponsor" ], [ "B001319", "Sen. Britt, Katie Boyd [R-AL]", "cosponsor" ], [ "B001243", "Sen. Blackburn, Marsha [R-TN]", "cosponsor" ], [ "S001227", "Sen. Schmitt, Eric [R-MO]", "cosponsor" ], [ "R000618", "Sen. Ricketts, Pete [R-NE]", "cosponsor" ], [ "S001184", "Sen. Scott, Tim [R-SC]", "cosponsor" ] ]
<html><body><pre>[Congressional Bills 118th Congress] [From the U.S. Government Publishing Office] [S. 380 Introduced in Senate (IS)] &lt;DOC&gt; 118th CONGRESS 1st Session S. 380 To amend title 18, United States Code, to punish the distribution of fentanyl resulting in death as felony murder. _______________________________________________________________________ IN THE SENATE OF THE UNITED STATES February 9, 2023 Mr. Rubio (for himself, Ms. Ernst, Mr. Marshall, Mrs. Hyde-Smith, Mr. Cruz, Mr. Hagerty, Mr. Cassidy, Mr. Risch, Mr. Lankford, Mr. Daines, Mr. Wicker, Mr. Braun, Mr. Budd, Mr. Cotton, and Mrs. Britt) introduced the following bill; which was read twice and referred to the Committee on the Judiciary _______________________________________________________________________ A BILL To amend title 18, United States Code, to punish the distribution of fentanyl resulting in death as felony murder. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Felony Murder for Deadly Fentanyl Distribution Act of 2023''. SEC. 2. FENTANYL DISTRIBUTION RESULTING IN DEATH PUNISHED AS FELONY MURDER. Section 1111 of title 18, United States Code, is amended-- (1) in subsection (a), in the second sentence, by inserting ``, distributing fentanyl'' after ``child abuse''; (2) in subsection (b)-- (A) by striking ``(b) Within'' and inserting ``(b) (1) Within''; and (B) by adding at the end the following: ``(2) Whoever is guilty of murder in the first degree by distributing fentanyl shall be punished by death or by imprisonment for life.''; and (3) in subsection (c)-- (A) by redesignating paragraphs (4) through (6) as paragraphs (6) through (8), respectively; and (B) by inserting after paragraph (3) the following: ``(4) the terms `controlled substance' and `distribute' have the meanings given the terms in section 102 of the Controlled Substances Act (21 U.S.C. 802); ``(5) `distributing fentanyl' means to distribute a controlled substance-- ``(A) involving 2 grams or more of a mixture or substance containing a detectable amount of N-phenyl-N- [1-(2-phenylethyl)-4-piperidinyl] propanamide or .5 grams or more of a mixture or substance containing a detectable amount of any analogue of N-phenyl-N-[1-(2- phenylethyl)-4-piperidinyl] propanamide; ``(B) that results in death from the use of a mixture or substance described in subparagraph (A); and ``(C) knowing or having reason to know that the controlled substance contains a detectable amount of a mixture or substance described in subparagraph (A).''. &lt;all&gt; </pre></body></html>
[ "Crime and Law Enforcement" ]
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118S381
No Coyote Cash Act
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<html><body><pre>[Congressional Bills 118th Congress] [From the U.S. Government Publishing Office] [S. 381 Introduced in Senate (IS)] &lt;DOC&gt; 118th CONGRESS 1st Session S. 381 To amend the Immigration and Nationality Act to include a criminal penalty and a ground of removability for financing the unlawful entry of an alien into the United States. _______________________________________________________________________ IN THE SENATE OF THE UNITED STATES February 9, 2023 Mr. Rubio (for himself, Mr. Marshall, Mr. Braun, Ms. Lummis, Mr. Cruz, Mrs. Britt, and Mr. Wicker) introduced the following bill; which was read twice and referred to the Committee on the Judiciary _______________________________________________________________________ A BILL To amend the Immigration and Nationality Act to include a criminal penalty and a ground of removability for financing the unlawful entry of an alien into the United States. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``No Coyote Cash Act''. SEC. 2. CRIMINAL PENALTY AND REMOVABILITY FOR FINANCING UNLAWFUL ENTRY. (a) In General.--Chapter 8 of title II of the Immigration and Nationality Act (8 U.S.C. 1321 et seq.) is amended by inserting after section 274D the following: ``SEC. 274E. FINANCING UNLAWFUL ENTRY. ``Any person who transmits money, property, or any item of value through interstate commerce with the intent to finance a violation of section 273, 274, 275, 276, or 277 shall be fined the value of the transmitted money, property, or item of value, imprisoned not more than 1 year, or both.''. (b) Inadmissibility.--Section 212(a)(2) of the Immigration and Nationality Act (8 U.S.C. 1182(a)(2)) is amended by adding at the end the following: ``(J) Financing unlawful entry.--Any alien who has been convicted of, admits having committed, or admits committing acts that constitute the elements of an offense under section 274E is inadmissible.''. (c) Deportability.--Section 237(a)(2) of the Immigration and Nationality Act (8 U.S.C. 1227(a)(2)) is amended by adding at the end the following: ``(G) Financing unlawful entry.--Any alien who has been convicted of, admits having committed, or admits committing acts that constitute the elements of an offense under section 274E is deportable.''. (d) Conforming Amendment.--The table of contents for the Immigration and Nationality Act (8 U.S.C. 1101 et seq.) is amended by inserting after the item relating to section 274D the following: ``Sec. 274E. Financing unlawful entry.''. &lt;all&gt; </pre></body></html>
[ "Immigration" ]
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118S382
Puyallup Tribe of Indians Land Into Trust Confirmation Act of 2023
[ [ "C000127", "Sen. Cantwell, Maria [D-WA]", "sponsor" ], [ "M001111", "Sen. Murray, Patty [D-WA]", "cosponsor" ] ]
<p><strong>Puyallup Tribe of Indians Land Into Trust Confirmation Act of </strong><b>2023</b></p> <p>This bill takes approximately 17.264 acres of specified lands in Pierce County, Washington, into trust for the benefit of the Puyallup Tribe of the Puyallup Reservation. Lands taken into trust shall be part of the tribe's reservation.</p> <p>The United States shall not be liable for any environmental contamination that occurred on or before the date on which the land is taken into trust.</p> <p>Further, the bill prohibits gaming on the land taken into trust.</p>
<html><body><pre>[Congressional Bills 118th Congress] [From the U.S. Government Publishing Office] [S. 382 Introduced in Senate (IS)] &lt;DOC&gt; 118th CONGRESS 1st Session S. 382 To take certain land in the State of Washington into trust for the benefit of the Puyallup Tribe of the Puyallup Reservation, and for other purposes. _______________________________________________________________________ IN THE SENATE OF THE UNITED STATES February 9, 2023 Ms. Cantwell (for herself and Mrs. Murray) introduced the following bill; which was read twice and referred to the Committee on Indian Affairs _______________________________________________________________________ A BILL To take certain land in the State of Washington into trust for the benefit of the Puyallup Tribe of the Puyallup Reservation, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Puyallup Tribe of Indians Land Into Trust Confirmation Act of 2023''. SEC. 2. LAND TO BE TAKEN INTO TRUST FOR THE BENEFIT OF THE PUYALLUP TRIBE OF THE PUYALLUP RESERVATION. (a) In General.--The approximately 17.264 acres of land owned in fee by the Puyallup Tribe of the Puyallup Reservation in Pierce County, Washington, and described in subsection (b) is hereby taken into trust by the United States for the benefit of the Puyallup Tribe of the Puyallup Reservation. (b) Land Descriptions.-- (1) Parcel 1.--Lots 1 to 4, inclusive, Block 85, Map of Tacoma Tidelands, as surveyed and platted by the Board of Appraisers of Tide and Shore Lands for Pierce County, according to Plat filed for record on September 14, 1895, in the Office of the County Auditor, in Tacoma, Pierce County, Washington. (2) Parcel 2.--Lots 5 to 9, inclusive, Block 85, Map of Tacoma Tidelands, as surveyed and platted by the Board of Appraisers of Tide and Shore Lands for Pierce County, according to Plat filed for record on September 14, 1895, in the Office of the County Auditor, in Tacoma, Pierce County, Washington. (3) Parcel 3.--Parcel A of City of Tacoma Boundary Line Adjustment MPD2011-40000166230, recorded October 12, 2011, under Pierce County Auditor Recording No. 201110125009, as corrected by Affidavit of Minor Correction of Map Recorded September 25, 2012, under Pierce County Auditor Recording No. 201209250440. (c) Administration.--Land taken into trust under subsection (a) shall be-- (1) part of the Reservation of the Puyallup Tribe of the Puyallup Reservation; and (2) administered in accordance with the laws and regulations generally applicable to property held in trust by the United States for the benefit of an Indian Tribe. (d) Environmental Liability.--Notwithstanding any other provision of law, the United States shall not be liable for any environmental contamination that occurred on the land described in subsection (b) on or before the date on which that land is taken into trust under subsection (a). (e) Gaming Prohibited.--Land taken into trust under subsection (a) shall not be used for any class II gaming or class III gaming under the Indian Gaming Regulatory Act (25 U.S.C. 2701 et seq.) (as those terms are defined in section 4 of that Act (25 U.S.C. 2703)). &lt;all&gt; </pre></body></html>
[ "Native Americans", "Federal-Indian relations", "Indian lands and resources rights", "Land transfers", "Washington State" ]
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118S383
Federal Skills Act of 2023
[ [ "R000595", "Sen. Rubio, Marco [R-FL]", "sponsor" ], [ "B001305", "Sen. Budd, Ted [R-NC]", "cosponsor" ] ]
<p><b>Federal Skills Act of 2023 </b></p> <p>This bill generally provides statutory authority for the executive order titled <i>Modernizing and Reforming the Assessment and Hiring of Federal Job Candidates</i>, which was issued on June 26, 2020. The order generally prescribes certain limits as to the consideration and use of post-high school educational requirements for positions in the competitive service.</p> <p>Among other things, the order specifies that an executive agency may only institute a minimum educational requirement for a position in the competitive service if it is legally required for the position, and may only consider a candidate's education with respect to other minimum requirements if it directly reflects the competencies necessary for the position.</p> <p>The order requires the Office of Personnel Management to review and revise the classification and qualification standards for positions in the competitive service so as to comply with these requirements. The order also requires changes to be made public, and to take effect, within 120 days and 180 days of the date of the order, respectively. (The bill requires a similar timeline with respect to the date of enactment of the bill.)</p> <p>The bill additionally specifies that it does not affect student loan forgiveness or student loan cancellation options that are available to borrowers under federal law as of the day before the date of enactment of the bill.</p>
<html><body><pre>[Congressional Bills 118th Congress] [From the U.S. Government Publishing Office] [S. 383 Introduced in Senate (IS)] &lt;DOC&gt; 118th CONGRESS 1st Session S. 383 To require the Director of the Office of Personnel Management to revise job classification and qualification standards for positions in the competitive service regarding educational requirements for those positions, and for other purposes. _______________________________________________________________________ IN THE SENATE OF THE UNITED STATES February 9, 2023 Mr. Rubio (for himself and Mr. Budd) introduced the following bill; which was read twice and referred to the Committee on Homeland Security and Governmental Affairs _______________________________________________________________________ A BILL To require the Director of the Office of Personnel Management to revise job classification and qualification standards for positions in the competitive service regarding educational requirements for those positions, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Federal Skills Act of 2023''. SEC. 2. DEFINITIONS. In this Act-- (1) the term ``agency'' means an agency that appoints individuals to positions in the competitive service; (2) the term ``competitive service'' has the meaning given the term in section 2102 of title 5, United States Code; (3) the term ``Director'' means the Director of the Office of Personnel Management; (4) the term ``education'' means the completion or attainment of a postsecondary degree or other credential at an institution of higher education (as defined in section 102 of the Higher Education Act of 1965 (20 U.S.C. 1002)); (5) the term ``personnel assessment'' means a method of collecting information regarding an individual for the purposes of making a selection decision with respect to the individual; (6) the term ``qualification standards'' means the minimum requirements with respect to education, training, and experience that an applicant for employment would need to possess in order to make it likely that the applicant would perform satisfactorily in the position or occupational series that is the subject of the application for employment; and (7) the term ``selection decision'' includes a decision regarding an individual with respect to-- (A) appointment; (B) placement; (C) promotion; (D) referral; (E) retention; or (F) entry into a program leading to career advancement, such as an apprenticeship program, a training program, or a career development program. SEC. 3. REVISION OF JOB CLASSIFICATION AND QUALIFICATION STANDARDS. (a) Review.-- (1) In general.--Consistent with the requirements of this section, the Director, in consultation with the Director of the Office of Management and Budget and the head of each agency, shall review and revise all job classification and qualification standards for positions in the competitive service, as necessary. (2) Publication; effective date.--With respect to any change to a job classification or qualification standard made under paragraph (1)-- (A) the Director shall, not later than 120 days after the date of enactment of this Act, make that change available to the public; and (B) the change shall take effect not later than 180 days after the date of enactment of this Act. (b) Education Requirement.--The head of an agency may prescribe a minimum requirement with respect to education for a position in the competitive service only if a minimum qualification with respect to education is legally required to perform the duties of a comparable position in the State or locality where those duties are to be performed. (c) Consideration of Education.--Unless the head of an agency is determining the satisfaction of a legally required minimum requirement with respect to education for an applicant for employment with the agency, the agency head may consider the education of the applicant in determining the satisfaction by the applicant of another minimum qualification only if the education of the applicant directly reflects the competencies necessary to satisfy that qualification and perform the duties of the position. (d) Position Listing.--A position description and job posting published by an agency for a position in the competitive service shall be based on the specific skills and competencies required to perform that position, as established in the position classifications and qualification standards of the Office of Personnel Management. SEC. 4. IMPROVING THE USE OF ASSESSMENTS IN THE FEDERAL HIRING PROCESS. (a) In General.--The Director shall work with the head of each agency to ensure that, not later than 180 days after the date of enactment of this Act, for a position in the competitive service, the head of an agency assesses an applicant for employment in a manner that does not rely solely on the education of the applicant to determine the extent to which the applicant possesses relevant knowledge, skills, competencies, and abilities for the position. (b) Other Requirements.--With respect to the assessment practices described in subsection (a)-- (1) the head of each agency shall develop or identify those assessment practices; and (2) those assessment practices-- (A) may not be substantively equivalent to competencies only attainable through education; and (B) shall be published by the applicable agency in the human resources manual of the agency. (c) Consideration of Self-Evaluation.-- (1) In general.--In assessing an applicant for employment-- (A) the head of an agency may not rely solely on the self-evaluation of the stated abilities of the applicant; and (B) the applicant shall fulfill other assessment standards in order to be certified for consideration, as established by the Chief Human Capital Officer of the applicable agency (or an equivalent official). (2) Publication.--The standards described in paragraph (1)(B) shall be published in the human resources manual of the applicable agency. (d) Evaluation.--The head of each agency shall continually evaluate the effectiveness of different assessment strategies to promote and protect the quality and integrity of the appointment processes of the agency, which shall be reviewed by the Chief Human Capital Officer of the agency (or an equivalent official), who shall make any necessary changes or take any necessary remedial actions concurrent with the review. SEC. 5. APPLICATION. (a) In General.--Nothing in this Act may be construed to impair or otherwise affect-- (1) the authority granted by law to an executive department or agency, or the head thereof; or (2) the functions of the Director of the Office of Management and Budget relating to budgetary, administrative, or legislative proposals. (b) Rights or Benefits.--This Act is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person. SEC. 6. RULE OF CONSTRUCTION. Nothing in this Act may be construed to eliminate or otherwise affect the student loan forgiveness or student loan cancellation options available to borrowers under Federal law, as such options are in effect on the day before the date of enactment of this Act. &lt;all&gt; </pre></body></html>
[ "Government Operations and Politics" ]
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118S384
Springfield 1908 Race Riot National Monument Act
[ [ "D000622", "Sen. Duckworth, Tammy [D-IL]", "sponsor" ], [ "D000563", "Sen. Durbin, Richard J. [D-IL]", "cosponsor" ] ]
<p><b>Springfield 1908 Race Riot National Monument Act</b></p> <p>This bill establishes the Springfield 1908 Race Riot National Monument in Illinois as a unit of the National Park System.</p> <p>The monument shall </p> <ul> <li>preserve, protect, and interpret the resources associated with the Springfield Race Riot of 1908 and its role in the forming of the National Association for the Advancement of Colored People; and </li> <li>include the construction of a permanent memorial, within the boundary of the monument, to the victims, survivors, and descendants of survivors of the riot and to the Springfield community.</li> </ul> <p>The Department of the Interior may expend appropriated funds to acquire or lease essential facilities for the administration of the monument and visitor services outside the boundary, but within the vicinity of the monument.</p> <p>Interior, using donated or appropriated funds, shall construct a memorial within the boundary of the monument.</p> <p>The bill (1) establishes the Springfield 1908 Advisory Commission to advise Interior regarding the management and development of the monument, and (2) terminates the commission 12 years after this bill's enactment.</p> <p>Interior shall consult with the commission on matters relating to the management and development of the monument.</p>
<html><body><pre>[Congressional Bills 118th Congress] [From the U.S. Government Publishing Office] [S. 384 Introduced in Senate (IS)] &lt;DOC&gt; 118th CONGRESS 1st Session S. 384 To establish the Springfield 1908 Race Riot National Monument in the State of Illinois, and for other purposes. _______________________________________________________________________ IN THE SENATE OF THE UNITED STATES February 9, 2023 Ms. Duckworth (for herself and Mr. Durbin) introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources _______________________________________________________________________ A BILL To establish the Springfield 1908 Race Riot National Monument in the State of Illinois, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Springfield 1908 Race Riot National Monument Act''. SEC. 2. DEFINITIONS. In this Act: (1) Commission.--The term ``Commission'' means the Springfield 1908 Advisory Commission established by section 3(g)(1). (2) Map.--The term ``Map'' means the map entitled ``Springfield 1908 Race Riot National Memorial Proposed Boundary'', numbered 687/148588, and dated February 2023. (3) Memorial.--The term ``Memorial'' means the memorial required to be constructed under section 3(a)(1)(B), including the structure, interpretive signage, and associated infrastructure. (4) National monument.--The term ``National Monument'' means the Springfield 1908 Race Riot National Monument established by section 3(a)(1). (5) Secretary.--The term ``Secretary'' means the Secretary of the Interior, acting through the Director of the National Park Service. (6) State.--The term ``State'' means the State of Illinois. SEC. 3. ESTABLISHMENT OF SPRINGFIELD 1908 RACE RIOT NATIONAL MONUMENT. (a) Establishment.-- (1) In general.--Subject to paragraph (2), there is established in the State the Springfield 1908 Race Riot National Monument as a unit of the National Park System-- (A) to preserve, protect, and interpret for the benefit of present and future generations resources associated with the Springfield Race Riot of 1908 and the role of the Riot in the formation of the National Association for the Advancement of Colored People; and (B) that shall include the construction of a permanent memorial, within the boundary of the National Monument, to-- (i) the victims, survivors, and descendants of survivors of the Springfield Race Riot of 1908; and (ii) the Springfield community. (2) Conditions.--The National Monument shall not be established until the date on which the Secretary acquires sufficient land within the boundary of the National Monument to constitute a manageable unit. (b) Boundaries.-- (1) In general.--The boundary of the National Monument shall be the boundary generally depicted on the Map. (2) Correction of errors.--The Secretary may correct minor errors in the Map. (c) Acquisition Authority.--The Secretary may acquire any land or interest in land located within the boundary of the National Monument by-- (1) donation; (2) purchase with donated or appropriated funds; or (3) exchange. (d) Administrative Sites and Visitor Facilities.--To facilitate the administration of the National Monument, the Secretary may expend appropriated funds to acquire or lease essential facilities for the administration of the National Monument and visitor services outside the boundary, but within the vicinity, of the National Monument. (e) Memorial.--In accordance with subsection (a)(1)(B), the Secretary shall, using donated or appropriated funds, construct a Memorial within the boundary of the National Monument. (f) Agreements.--The Secretary may enter into agreements with-- (1) the city of Springfield or other public or private entities for the purpose of establishing, managing, and operating within or outside of the boundary of the National Monument facilities for administration and visitor services authorized under subsection (e); and (2) other public or private entities for-- (A) the construction of the Memorial; (B) the interpretation of sites associated with the Springfield Race Riot of 1908 located within or outside the boundary of the National Monument; and (C) other purposes of this Act. (g) Springfield 1908 Advisory Commission.-- (1) Establishment.--There is established an advisory commission, to be known as the ``Springfield 1908 Advisory Commission'', to advise the Secretary with respect to the management and development of the National Monument. (2) Membership.--The Commission shall be composed of 11 members, to be appointed by the Secretary, of whom-- (A) 3 members shall reside in the city of Springfield or Sangamon County in the State; (B) 3 members shall be appointed after consideration of recommendations submitted by the Governor of the State; (C) 3 members shall be appointed after consideration of recommendations submitted by the Mayor of the city of Springfield in the State; and (D) 2 members shall be appointed who have experience in the field of historic preservation or the purposes for which the National Monument was established. (3) Term.-- (A) In general.--A member of the Commission shall be appointed for a term of 5 years. (B) Successors.--Notwithstanding the expiration of a 5-year term of a member of the Commission, a member of the Commission may continue to serve on the Commission until the date on which-- (i) the member is reappointed by the Secretary; or (ii) a successor is appointed by the Secretary. (4) Chairperson.--The Commission shall have a Chairperson, who shall be elected by the members of the Commission. (5) Bylaws.--The Commission shall adopt such bylaws as the Commission considers necessary to carry out the duties of the Commission under this subsection. (6) Vacancies.--A vacancy on the Commission shall be filled in the same manner in which the original appointment was made. (7) Quorum.--A majority of the members of the Commission shall constitute a quorum. (8) Compensation.--Members of the Commission shall serve without compensation, except that the Secretary may pay the expenses incurred by the Commission in carrying out the duties of the Commission under this subsection. (9) FACA nonapplicability.--Section 1013(b) of title 5, United States Code, shall not apply to the Commission. (10) Termination.--The Commission shall terminate on the date that is 12 years after the date of enactment of this Act. (h) Administration.-- (1) In general.--The Secretary shall administer the National Monument in accordance with-- (A) this Act; and (B) the laws generally applicable to units of the National Park System. (2) Management plan.-- (A) Deadline for completion.--Not later than 3 years after the date on which funds are first made available to the Secretary for the preparation of a general management plan for the National Monument, the Secretary shall prepare a general management plan for the National Monument in accordance with section 100502 of title 54, United States Code. (B) Submission to congress.--On completion of the general management plan under subparagraph (A), 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 the general management plan prepared under that subparagraph. (3) Required consultation.--The Secretary shall consult with the Commission on matters relating to the management and development of the National Monument, including the construction of-- (A) the Memorial; and (B) visitor service facilities and infrastructure. &lt;all&gt; </pre></body></html>
[ "Public Lands and Natural Resources" ]
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118S385
A bill to amend the Native American Tourism and Improving Visitor Experience Act to authorize grants to Indian tribes, tribal organizations, and Native Hawaiian organizations, and for other purposes.
[ [ "S001194", "Sen. Schatz, Brian [D-HI]", "sponsor" ], [ "M001153", "Sen. Murkowski, Lisa [R-AK]", "cosponsor" ] ]
<p>This bill authorizes grants to Indian tribes, tribal organizations, and Native Hawaiian organizations for activities related to recreational travel and tourism.</p> <p>Specifically, the bill authorizes (1) the Bureau of Indian Affairs to make these grants to and enter into agreements with Indian tribes and tribal organizations; (2) the Office of Native Hawaiian Relations to make these grants to and enter into agreements with Native Hawaiian organizations; and (3) other federal agencies to make these grants to and enter into agreements with tribes, tribal organizations, and Native Hawaiian organizations.</p>
<html><body><pre>[Congressional Bills 118th Congress] [From the U.S. Government Publishing Office] [S. 385 Introduced in Senate (IS)] &lt;DOC&gt; 118th CONGRESS 1st Session S. 385 To amend the Native American Tourism and Improving Visitor Experience Act to authorize grants to Indian tribes, tribal organizations, and Native Hawaiian organizations, and for other purposes. _______________________________________________________________________ IN THE SENATE OF THE UNITED STATES February 9, 2023 Mr. Schatz (for himself and Ms. Murkowski) introduced the following bill; which was read twice and referred to the Committee on Indian Affairs _______________________________________________________________________ A BILL To amend the Native American Tourism and Improving Visitor Experience Act to authorize grants to Indian tribes, tribal organizations, and Native Hawaiian organizations, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. NATIVE AMERICAN TOURISM GRANT PROGRAMS. The Native American Tourism and Improving Visitor Experience Act (25 U.S.C. 4351 et seq.) is amended-- (1) by redesignating section 6 (25 U.S.C. 4355) as section 7; and (2) by inserting after section 5 (25 U.S.C. 4354) the following: ``SEC. 6. NATIVE AMERICAN TOURISM GRANT PROGRAMS. ``(a) Bureau of Indian Affairs Program.--The Director of the Bureau of Indian Affairs may make grants to and enter into agreements with Indian tribes and tribal organizations to carry out the purposes of this Act, as described in section 2. ``(b) Office of Native Hawaiian Relations.--The Director of the Office of Native Hawaiian Relations may make grants to and enter into agreements with Native Hawaiian organizations to carry out the purposes of this Act, as described in section 2. ``(c) Other Federal Agencies.--The heads of other Federal agencies, including the Secretaries of Commerce, Transportation, Agriculture, Health and Human Services, and Labor, may make grants under this authority to and enter into agreements with Indian tribes, tribal organizations, and Native Hawaiian organizations to carry out the purposes of this Act, as described in section 2. ``(d) Authorization of Appropriations.--There is authorized to be appropriated to carry out this section $35,000,000 for the period of fiscal years 2023 through 2027.''. &lt;all&gt; </pre></body></html>
[ "Native Americans", "Alaska Natives and Hawaiians", "Federal-Indian relations", "Indian social and development programs", "Travel and tourism" ]
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118S386
REEF Act of 2023
[ [ "R000595", "Sen. Rubio, Marco [R-FL]", "sponsor" ] ]
<p><strong>Re-using Equipment for Environmental Fortification Act of 2023 or the REEF Act</strong> <b>of 2023</b></p> <p>This bill requires the Department of the Navy to notify Congress when a vessel that is a viable candidate for artificial reefing (intentionally sinking a vessel to promote marine life) is to be stricken from the Naval Vessel Register. Specifically, the Navy must provide such notice not later than 90 days before the viable candidate is to be stricken from the register.</p>
<html><body><pre>[Congressional Bills 118th Congress] [From the U.S. Government Publishing Office] [S. 386 Introduced in Senate (IS)] &lt;DOC&gt; 118th CONGRESS 1st Session S. 386 To require the Secretary of the Navy to notify Congress of pending action to strike from the Naval Vessel Register any naval vessel that is a viable candidate for artificial reefing, and for other purposes. _______________________________________________________________________ IN THE SENATE OF THE UNITED STATES February 9, 2023 Mr. Rubio introduced the following bill; which was read twice and referred to the Committee on Armed Services _______________________________________________________________________ A BILL To require the Secretary of the Navy to notify Congress of pending action to strike from the Naval Vessel Register any naval vessel that is a viable candidate for artificial reefing, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Re-using Equipment for Environmental Fortification Act of 2023'' or the ``REEF Act of 2023''. SEC. 2. CONGRESSIONAL NOTIFICATION OF PENDING ACTION TO STRIKE FROM THE NAVAL VESSEL REGISTER NAVAL VESSELS THAT ARE VIABLE CANDIDATES FOR ARTIFICIAL REEFING. (a) Sense of Congress.--It is the sense of Congress that the Secretary of the Navy should explore and solicit artificial reefing opportunities with appropriate entities for any naval vessel planned for retirement before initiating any plans to dispose of the vessel. (b) Notification.--Not later than 90 days before the date on which a naval vessel that is a viable candidate for artificial reefing is to be stricken from the Naval Vessel Register, the Secretary of the Navy shall notify Congress of such pending action. &lt;all&gt; </pre></body></html>
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118S387
Canadian Snowbirds Act of 2023
[ [ "R000595", "Sen. Rubio, Marco [R-FL]", "sponsor" ], [ "S001217", "Sen. Scott, Rick [R-FL]", "cosponsor" ], [ "S001191", "Sen. Sinema, Kyrsten [I-AZ]", "cosponsor" ], [ "K000377", "Sen. Kelly, Mark [D-AZ]", "cosponsor" ] ]
<p><strong>Canadian Snowbirds Act </strong><b>of 2023</b></p> <p>This bill establishes a nonimmigrant visa for qualified Canadian citizens.</p> <p>The Department of Homeland Security may admit as a visitor a Canadian citizen who (1) is at least 50 years old, (2) maintains a residence in Canada, (3) owns a U.S. residence or has signed a rental agreement for the duration of the stay, (4) is not inadmissible or deportable under various provisions, (5) will not engage in U.S. employment except for services for the visitor's employer in Canada, and (6) will not seek U.S. assistance or benefits. Such visitors may be admitted for up to 240 days out of any single 365-day period.</p>
<html><body><pre>[Congressional Bills 118th Congress] [From the U.S. Government Publishing Office] [S. 387 Introduced in Senate (IS)] &lt;DOC&gt; 118th CONGRESS 1st Session S. 387 To amend the Immigration and Nationality Act to authorize admission of Canadian retirees as long-term visitors for pleasure described in section 101(a)(15)(B) of such Act, and for other purposes. _______________________________________________________________________ IN THE SENATE OF THE UNITED STATES February 9, 2023 Mr. Rubio (for himself, Mr. Scott of Florida, Ms. Sinema, and Mr. Kelly) introduced the following bill; which was read twice and referred to the Committee on Finance _______________________________________________________________________ A BILL To amend the Immigration and Nationality Act to authorize admission of Canadian retirees as long-term visitors for pleasure described in section 101(a)(15)(B) of such 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 ``Canadian Snowbirds Act of 2023''. SEC. 2. ADMISSION OF CANADIAN RETIREES. Section 214 of the Immigration and Nationality Act (8 U.S.C. 1184) is amended by adding at the end the following: ``(s) Canadian Retirees.-- ``(1) In general.--The Secretary of Homeland Security may admit an alien as a visitor described in section 101(a)(15)(B) if the alien demonstrates, to the satisfaction of the Secretary, that the alien-- ``(A) is a citizen of Canada; ``(B) is at least 50 years of age; ``(C) maintains a residence in Canada; ``(D) owns a residence in the United States or has signed a rental agreement for accommodations in the United States for the duration of the alien's intended stay in the United States; ``(E) is not inadmissible under section 212; ``(F) is not deportable under section 237; ``(G) is not otherwise removable under the immigration laws; ``(H) will not engage in employment or labor for hire in the United States other than employment or labor for hire for a person or entity not based in the United States by whom the Canadian citizen was employed in Canada or for whom the Canadian citizen performed services in Canada; and ``(I) will not seek any form of assistance, benefit, or credit described in section 403(a) of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (8 U.S.C. 1613(a)) or sections 24(d), 32, 35, 36, and 36B of the Internal Revenue Code of 1986. ``(2) Spouse.--The spouse of an alien described in paragraph (1) may be admitted under the same terms as the principal alien if the spouse satisfies the requirements under paragraph (1) (other than subparagraph (D)). ``(3) Immigrant intent.--In determining eligibility for admission under this subsection, maintenance of a residence in the United States shall not be considered evidence of intent by the alien to abandon the alien's residence in Canada. ``(4) Period of admission.--During any single 365-day period, an alien may be admitted under this subsection as a visitor for pleasure described in section 101(a)(15)(B) for a period not to exceed 240 days, beginning on the date of admission. Time spent outside of the United States during such period of admission shall not be counted for purposes of determining the termination date of such period. ``(5) Secretary's discretion.--A decision by the Secretary of Homeland Security to withhold admission of an alien described in paragraph (1), or to withdraw an authorization of admission of such alien, shall be at the Secretary's sole and unreviewable discretion under the immigration laws.''. SEC. 3. NONRESIDENT ALIEN TAX STATUS. Section 7701(b)(1)(B) of the Internal Revenue Code of 1986 is amended to read as follows: ``(B) Nonresident alien.--An individual is a nonresident alien if such individual-- ``(i) is not a citizen of the United States or a resident of the United States (as defined in subparagraph (A)), or ``(ii) is a Canadian citizen described in section 214(s) of the Immigration and Nationality Act (8 U.S.C. 1184(s)).''. &lt;all&gt; </pre></body></html>
[ "Immigration" ]
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118S388
Child Care for Every Community Act
[ [ "W000817", "Sen. Warren, Elizabeth [D-MA]", "sponsor" ], [ "P000145", "Sen. Padilla, Alex [D-CA]", "cosponsor" ], [ "M000133", "Sen. Markey, Edward J. [D-MA]", "cosponsor" ], [ "S000033", "Sen. Sanders, Bernard [I-VT]", "cosponsor" ], [ "B001277", "Sen. Blumenthal, Richard [D-CT]", "cosponsor" ], [ "W000802", "Sen. Whitehouse, Sheldon [D-RI]", "cosponsor" ], [ "S001203", "Sen. Smith, Tina [D-MN]", "cosponsor" ], [ "W000779", "Sen. Wyden, Ron [D-OR]", "cosponsor" ], [ "B001288", "Sen. Booker, Cory A. [D-NJ]", "cosponsor" ], [ "W000800", "Sen. Welch, Peter [D-VT]", "cosponsor" ], [ "M001176", "Sen. Merkley, Jeff [D-OR]", "cosponsor" ] ]
<p><strong></strong><b>Child Care for Every Community Act</b></p> <p>This bill&nbsp;provides&nbsp;funds to&nbsp;the Department of Health and Human Services&nbsp;(HHS) for an affordable&nbsp;child care and early learning&nbsp;program. Children who are not yet required to attend school may participate in the program regardless of family income, disability status, citizenship status, or employment of a family member.</p> <p>Under the program, HHS must support sponsors (e.g., states, local governments, tribal organizations, and nonprofit community organizations) that provide child care and early learning&nbsp;services&nbsp;for families.</p> <p>Families must pay a&nbsp;subsidized&nbsp;fee, based on their income,&nbsp;for the services. The fees are waived for children from&nbsp;families with incomes below 200% of the poverty line. The fees are capped at&nbsp;7% of&nbsp;a family's&nbsp;income regardless of the family's income level.</p>
<html><body><pre>[Congressional Bills 118th Congress] [From the U.S. Government Publishing Office] [S. 388 Introduced in Senate (IS)] &lt;DOC&gt; 118th CONGRESS 1st Session S. 388 To establish universal child care and early learning programs. _______________________________________________________________________ IN THE SENATE OF THE UNITED STATES February 9, 2023 Ms. Warren (for herself, Mr. Padilla, Mr. Markey, Mr. Sanders, Mr. Blumenthal, Mr. Whitehouse, Ms. Smith, Mr. Wyden, 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 establish universal child care and early learning programs. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Child Care for Every Community Act''. TITLE I--CHILD CARE AND EARLY LEARNING PROGRAMS SEC. 101. STATEMENT OF PURPOSES. The purposes of this title are-- (1) to provide all young children with a fair and full opportunity to reach their full potential, by establishing and expanding programs, to create universal, comprehensive child care and early learning programs that are available to all young children; (2) to ensure that families can access affordable, high- quality child care and early learning programs regardless of circumstance; (3) to promote the school readiness of all young children by enhancing their cognitive, social, emotional, and physical development-- (A) in a learning environment that supports children's growth in language, literacy, mathematics, science, cognitive abilities, social and emotional functioning, creative arts, physical skills, and approaches to learning; and (B) through the provision to children and their families of health, educational, nutritional, social, and other services that are determined, based on family needs assessments, to be necessary; (4) to recognize and build upon the experience and success gained through the Head Start program, the military child care program, and similar efforts; (5) to provide that decisions on the nature of such child care and early learning programs be made at the community level with the full involvement of parents, family members, and other individuals and organizations in the community; and (6) to establish the legislative framework for child care and early learning services. SEC. 102. DEFINITIONS. For purposes of this title: (1) Child care and early learning program.--The term ``child care and early learning program'' means any program that provides child care and early learning services in child care and early learning centers (including schools) or in family child care homes. (2) Child with a disability.--The term ``child with a disability'' means-- (A) a child with a disability, as defined in section 602(3) of the Individuals with Disabilities Education Act (20 U.S.C. 1401(3)); and (B) an infant or toddler with a disability, as defined in section 632(5) of such Act (20 U.S.C. 1432(5)). (3) Community.--The term ``community'' means a city, county, or multicity or multicounty unit within a State, an Indian reservation (including Indians in any nearby off- reservation area designated by an appropriate Tribal government in consultation with the Secretary), or a neighborhood or other area (irrespective of boundaries or political subdivisions) that provides a suitable organizational base and possesses the commonality of interest needed to operate a child care and early learning program. (4) Covered child.--The term ``covered child'' means a child who-- (A) is not yet required to attend school, under the laws of compulsory school attendance of the State in which the child resides; and (B) meets the requirements of regulations issued under section 124. (5) Dual language learner.--The term ``dual language learner'' means a child who is acquiring two or more languages at the same time, or a child who is learning a second language while continuing to develop the child's first language, including a child who may also be identified by a State or locality as ``bilingual'', ``an English language learner'', ``limited English proficient'', ``an English learner'', or a child who speaks a ``language other than English''. (6) Family literacy services.--The term ``family literacy services'' means services that-- (A) are family literacy services, as defined in section 637 of the Head Start Act (42 U.S.C. 9832); and (B) meet the requirements of section 641A of such Act (42 U.S.C. 9836a). (7) Financial assistance.--The term ``financial assistance'' includes assistance provided by grant, agreement, or contract, for which payments may be made in installments and in advance or by way of reimbursement with necessary adjustments on account of overpayments or underpayments. (8) Full-working-day.--The term ``full-working-day'' means not less than 10 hours per day. Nothing in this paragraph shall be construed to require an entity to provide services to a child who has not reached the age of compulsory school attendance for more than the number of hours per day permitted by State law (including regulation) for the provision of services to such a child. (9) Health.--The term ``health'', when used to refer to services or care provided to children enrolled in a child care and early learning program, their parents, or their siblings, shall be interpreted to refer to both physical and mental health. (10) Homeless child.--The term ``homeless child'' means an individual described in section 725(2) of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11434a(2)). (11) Indian.--The term ``Indian'' means an individual who is-- (A) a member of an Indian Tribe or band, as membership is defined by the Tribe or band, including-- (i) any Tribe or band terminated since 1940; and (ii) any Tribe or band recognized by the State in which the Tribe or band resides; (B) a descendant of an individual described in subparagraph (A); (C) considered by the Secretary of the Interior to be an Indian for any purpose; (D) an Eskimo, Aleut, or other Alaska Native; or (E) a member of an organized Indian group that received a grant under the Indian Education Act of 1988 as in effect on October 19, 1994. (12) Indian tribe.--The term ``Indian Tribe'' means the governing body of any individually identified and federally recognized Indian or Alaska Native Tribe, band, nation, pueblo, village, or community (including an affiliated Tribal group or component reservation) included on the list published pursuant to section 104(a) of the Federally Recognized Indian Tribe List Act of 1994 (25 U.S.C. 5131(a)). (13) Institution of higher education.--The term ``institution of higher education'' has the meaning given the term in section 101(a) of the Higher Education Act of 1965 (20 U.S.C. 1001(a)). (14) Local educational agency.--The term ``local educational agency'' has the meaning given such term in section 8101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801). (15) Locality.--The term ``locality'' means any city, municipality, county, or other political subdivision of a State having general governmental powers, or any combination of such political subdivisions. (16) Low-income.--The term ``low-income'', used with respect to a child or other individual, means an individual in a family with a family income that is not more than 200 percent of the poverty line. (17) Migrant or seasonal child care and early learning program.--The term ``migrant or seasonal child care and early learning program'' means-- (A) with respect to services for migrant farmworkers, a child care and early learning program that serves families who are engaged in agricultural labor and who have changed their residence from one geographic location to another in the preceding 2-year period; and (B) with respect to services for seasonal farmworkers, a child care and early learning program that serves families who are engaged primarily in seasonal agricultural labor and who have not changed their residence to another geographic location in the preceding 2-year period. (18) Military child care program.--The term ``military child care program'' means the program carried out under subchapter II of chapter 88 of title 10, United States Code. (19) Native hawaiian.--The term ``Native Hawaiian'' has the meaning given the term in section 6207 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7517). (20) Poverty line.--The term ``poverty line'' means the official poverty line (as defined by the Office of Management and Budget) based on the most recent data available from the Bureau of the Census-- (A) adjusted to reflect the percentage change in the Consumer Price Index For All Urban Consumers, issued by the Bureau of Labor Statistics, during the annual or other interval immediately preceding the date on which such adjustment is made; and (B) adjusted for family size. (21) Professional development.--The term ``professional development'' means the career-pathway aligned mechanisms that contribute to ensuring that a member of the early care and education workforce, in any setting, has or is working towards obtaining the degrees and other credentials needed to demonstrate the necessary knowledge and competencies for quality provision of child care and early learning services. (22) Scientifically valid research.--The term ``scientifically valid research'' includes applied research, basic research, and field-initiated research, in which the rationale, design, and interpretation are soundly developed in accordance with principles of scientific research. (23) Secretary.--The term ``Secretary'' means the Secretary of Health and Human Services. (24) Stakeholder.--The term ``stakeholder'' means a community-based employer of child care providers, a labor organization representing child care providers, a joint labor- management partnership advocating for child care standards, an entity operating a trust fund that provides training and education for child care providers, or a nonprofit organization that represents parents of children eligible for services in a program carried out under this title. (25) State.--The term ``State'' means-- (A) a State, as defined in section 637 of the Head Start Act; and (B) the Republic of Palau-- (i) for each of fiscal years 2024 through 2028; and (ii) (if legislation approving a new agreement regarding United States assistance for the Republic of Palau has not been enacted by September 30, 2026), for each subsequent fiscal year for which such legislation has not been enacted. (26) Tribal land.--The term ``Tribal land'' means a reservation, the land of an Indian Tribe, or land designated by Hawaii as under the control of Native Hawaiians for purposes of this title. (27) Tribal organization.--The term ``Tribal organization'' means-- (A) the recognized governing body of any Indian Tribe, and any legally established organization of Indians which is controlled, sanctioned, or chartered by such governing body or which is democratically elected by the adult members of the Indian community to be served by such organization and which includes the maximum participation of Indians in all phases of its activities, except that in any case where a contract is let or grant made to an organization to perform services benefitting more than one Indian Tribe, the approval of each such Indian Tribe shall be a prerequisite to the letting or making of such contract or grant; and (B) includes a Native Hawaiian organization, as defined in section 6207 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7517) and a private nonprofit organization established for the purpose of serving youth who are Indians or Native Hawaiians. SEC. 103. AUTHORIZATION OF APPROPRIATIONS; APPROPRIATIONS. (a) Appropriations.--There are authorized to be appropriated and there are appropriated to carry out this title (other than the activities described in subsection (b)), including meeting the entitlement requirements of section 111(b), such sums as may be necessary. (b) Authorization of Appropriations.--There is authorized to be appropriated to carry out activities under sections 135, 136, 137, 138, 151, 152, and such administrative activities as the Secretary determines to be necessary and appropriate to carry out this title, $500,000,000 for each of fiscal years 2024 through 2034. Subtitle A--Prime Sponsors and Providers SEC. 111. FINANCIAL ASSISTANCE FOR CHILD CARE AND EARLY LEARNING PROGRAMS. (a) In General.--The Secretary shall provide financial assistance for carrying out child care and early learning programs under this title to prime sponsors, to provide family centered services to children to promote their development and learning, pursuant to plans and applications approved in accordance with the provisions of this title. (b) Entitlement.--Each covered child shall be entitled to participate in a child care and early learning program that meets the requirements of this title. The entitlement shall not be a capped entitlement. SEC. 112. ALLOCATION OF FUNDS; PAYMENTS. (a) Allocation to Activities.--The Secretary shall allocate the amounts appropriated for carrying out this title for any fiscal year after fiscal year 2023, in the following manner: (1) Child care and early learning programs.--The amount made available under section 103(a) shall be used for the purpose of providing financial assistance to carry out child care and early learning programs under this title for covered children, other than activities described in paragraph (2). (2) Administrative and enhancement activities.--Of the amounts appropriated under section 103(b)-- (A) such portion, but not less than 50 percent, shall be used for the purpose of carrying out activities under sections 135 and 136 and such administrative activities as the Secretary determines to be necessary and appropriate to carry out this title; (B) such portion, but not less than 20 percent, shall be used for the purpose of carrying out activities under section 151; and (C) the remainder of such amounts shall be used for the purpose of carrying out activities under sections 137, 138, and 152. (3) Flexibility for emergency supplemental funding.-- Notwithstanding paragraph (2), the Secretary may, after providing appropriate notice and written justification to Congress, redirect any amounts appropriated under section 103(b) as the Secretary determines to be necessary and appropriate to carry out section 151 for the purpose of carrying out activities under section 151. (b) Publication.--As soon as practicable after funds are appropriated under section 103(b) for any fiscal year, the Secretary shall publish in the Federal Register the amounts made available for that fiscal year to carry out each of the activities described in subsection (a)(2). (c) Payments.-- (1) In general.-- (A) Authority for payments.--In accordance with this subsection, the Secretary shall pay, from the allocation under subsection (a)(1), the Federal share of the costs of providing child care and early learning programs, in accordance with plans under sections 113 and 114 that have been approved as provided in this title. (B) Manner and timing for payments.--The Secretary may make such financial assistance as may be necessary to carry out this title. The Secretary may also withhold funds otherwise payable under this title in order to recover any amounts expended in the current or immediately prior fiscal year in violation of any provision of this title or any term or condition of financial assistance under this title. (2) Federal share.-- (A) In general.--Except as provided in subparagraphs (B) and (C) and section 151, the Federal share of the costs of providing child care and early learning programs for covered children shall be no less than 90 percent. (B) Children of migrant and seasonal farmworkers.-- The Secretary shall pay for 100 percent of the costs of providing child care and early learning programs for covered children of migrant and seasonal farmworkers under this title. (C) Native american children.--The Secretary shall pay each prime sponsor designated under section 113 for 100 percent of the costs of providing child care and early learning programs for covered children in Indian Tribes and Native Hawaiian covered children under this title. (D) Administrative amount.--When making a payment described in paragraph (1) to any prime sponsor for the Federal share of the costs of providing a child care and early learning program, the Secretary shall also make a payment to the prime sponsor of not more than 100 percent of the costs for staff and other administrative expenses of the prime sponsor, including such costs and expenses related to quality improvement (such as conducting monitoring and training) and operating the Child Care and Early Learning Council, but not to exceed an amount which is reasonable when compared with such costs and expenses for other prime sponsors. (3) Rate analysis.-- (A) Process.--The Secretary shall, on the basis of recommendations by an committee of experts and stakeholders outside the Department of Health and Human Services, establish and implement a process for determining the costs described in paragraph (1)(A) and ensuring that the requirement of subparagraph (B) is met. (B) Sufficiency requirement.--The Secretary shall ensure that the Federal share determined under paragraph (2) is sufficient to ensure that a prime sponsor can meet all requirements under this title, including the national program standards under section 121, compensation provisions under section 136(b), and provisions relating to comprehensive services and access to services. (4) Non-federal share.-- (A) Sources.--The non-Federal share of the costs described in paragraph (1) may be provided through public or private funds (including labor union or employer contributions) and may be in cash or in kind, fairly evaluated, including facilities, goods, or services. (B) Fees from families.--Fees collected for services provided pursuant to section 114(j) may be used toward the non-Federal share. Such fees collected from a family may not exceed 7 percent of the family income, regardless of the number of children served from that family. (C) Excess contributions.--If, with respect to any fiscal year, a prime sponsor provides a non-Federal share, for any program that exceeds its requirements for such a share, such excess may be applied toward meeting the requirements for such a share for the subsequent fiscal year under this title. (d) Maintenance of Effort.--No State or locality shall reduce its expenditures for child care and early learning programs (including home-based child care and early learning programs) because of financial assistance provided under this title. SEC. 113. DESIGNATION OF PRIME SPONSORS. (a) Authority To Designate.-- (1) Qualified entities.--In accordance with the provisions of this section, a State, locality, Indian Tribe, Tribal organization, or public or private nonprofit agency or organization, meeting the requirements of this title may be designated by the Secretary as a prime sponsor for the purpose of entering into arrangements to carry out child care and early learning programs under this title. (2) Prime sponsorship plans.--An entity may be designated by the Secretary as a prime sponsor for a period of fiscal years only pursuant to an application in the form of a prime sponsorship plan which was submitted by such entity and approved by the Secretary in accordance with the provisions of this title. At a minimum, the plan shall-- (A) describe the service area to be served and how the program will be delivered; (B) provide a comprehensive child care and early learning plan, as described in section 114(b); (C) demonstrate that the entity has engaged with the community involved, including parents who might participate in such a child care and early learning program, family members of such parents, and other stakeholders, individuals, and organizations, in the community, to determine the need and interest for such a child care and early learning program in a service area, in a manner that takes into account a wide array of perspectives, especially those from marginalized populations; and (D) demonstrate that the entity has the authority under its charter or applicable law to receive and administer funds under this title, funds and contributions from private or public sources that may be used in support of a child care and early learning program, and funds under a Federal or State assistance program that may be so used. (3) Approval.--No prime sponsorship plan, or modification of the plan, submitted by an entity under this section shall be approved by the Secretary unless the Secretary determines, in accordance with regulations which the Secretary shall prescribe, that-- (A) the local educational agency for the service area and other appropriate educational and training agencies and institutions have had an opportunity to submit comments to the entity and to the Secretary; (B) appropriate officials from Indian Tribes or Tribal organizations have had an opportunity to submit comments to the entity and to the Secretary; and (C) the Governor of the State has had an opportunity to submit comments to the entity and to the Secretary. (4) Joint submission.--In order to contribute to the effective administration of this title, the Secretary shall establish appropriate procedures to permit an entity described in subsection (a)(1) and a State to submit jointly a single comprehensive child care and early learning plan for the service areas the entity and State propose. If the Secretary approves such a plan, the Secretary may designate the entity as a prime sponsor, and the State as a prime sponsor, for the corresponding service areas. (b) Additional Approval Procedures.-- (1) Locality over population threshold.--The Secretary shall approve a prime sponsorship plan submitted by a locality if-- (A) the locality meets a population threshold determined by the Secretary, except that the Secretary may waive the population threshold if it creates a barrier to providing child care and early learning services in a service area of a specified type, such as a rural region; (B) the plan meets the requirements of subsection (a) and includes adequate provisions for carrying out child care and early learning programs in the area of such locality; and (C) the locality is a-- (i) city; (ii) county; or (iii) other unit of general local government, including a local educational agency, as defined in section 8101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801). (2) Localities with common geographical area.--In the event that the area under the jurisdiction of a unit of general local government described in clause (i), (ii), (iii), or (iv) of paragraph (1)(C) includes any common geographical area with the geographical area covered by another such unit of general local government, the Secretary shall designate to serve such common area the unit of general local government that-- (A) the Secretary determines has the capability of more effectively carrying out the purposes of this title with respect to such area; and (B) has submitted a plan which meets the requirements of subsection (a) and includes adequate provisions for carrying out child care and early learning programs in such area. (3) Localities.-- (A) Submission by combination.--In the event that the Secretary determines that a locality does not meet the requirements for designation as a prime sponsor under this section, the Secretary shall take steps to encourage the submission of a prime sponsorship plan, covering the area of such locality, by a combination of localities which are adjoining and possess a sufficient commonality of interest. (B) Approval.--The Secretary shall approve a prime sponsorship plan submitted by such a combination of localities, if the Secretary determines that the plan so submitted meets the requirements of subsection (a) and includes adequate provisions for carrying out child care and early learning programs in the area covered by the combination of such localities. (4) Indian tribes and tribal organizations.--The Secretary shall approve a prime sponsorship plan submitted by an Indian Tribe or Tribal organization if the Secretary determines that the plan so submitted meets the requirements of subsection (a) and includes adequate provisions for carrying out child care and early learning programs in the area to be served. (5) States.--The Secretary shall approve a prime sponsorship plan submitted by a State if the Secretary determines that the plan so submitted-- (A) meets the requirements of subsection (a); (B) includes adequate provisions for carrying out child care and early learning programs in the area to be served; (C) contains a commitment to coordinating the State's early childhood programs to create a cohesive system, for children from birth to entry into kindergarten, for providing child care and early learning services; (D) demonstrates that the State can deliver a child care and early learning program that ensures coverage of-- (i) the entire State; or (ii) the portions of the State that are not proposed to be covered by other entities submitting applications under subsection (a)(2); and (E) demonstrates that the State can deliver such a program with sufficient local administration, governance, and input. (6) Two phases of application review.-- (A) In general.--The Secretary shall establish two phases of review for applications in the form of prime sponsorship plans. Entities submitting such applications for the first phase of review shall be given preference for designation under subsection (a). (B) First phase.--States, Indian Tribes, Tribal organizations, entities applying to carry out migrant or seasonal child care and early learning programs, and entities and States submitting applications jointly may submit applications described in subparagraph (A) for the first phase of application review. (C) Second phase.--Localities, public or private nonprofit agencies or organizations, and entities described in subparagraph (B) may submit applications described in subparagraph (A) for the second phase of application review. (D) Priority.--During each phase of application review, the Secretary shall give priority to applications describing programs that will serve a significant number of low-income children, children with disabilities, dual language learner children, homeless children, or children in foster care, or will offer child care and early learning services during nonstandard hours. (c) Disapproval; Withdrawal of Approval.--A prime sponsorship plan submitted under this section may be disapproved or a prior designation of a prime sponsor may be withdrawn only if the Secretary, in accordance with regulations which the Secretary shall prescribe, has provided-- (1) written notice of intention to disapprove such plan or withdraw such designation, including a statement of the reasons; (2) a reasonable time in which to submit corrective amendments to such plan or undertake other necessary corrective action; and (3) an opportunity for a public hearing upon which basis an appeal to the Secretary may be taken as of right. (d) Unserved Areas.--From amounts allocated under section 103(b) in the event that a prime sponsorship plan has not been submitted or approved, if a prime sponsor designation has been withdrawn, or if the needs of seasonal and migrant farmworkers, minority groups, or low- income individuals are not being met, for a service area, the Secretary shall develop and implement a program of outreach to identify a prime sponsor. If necessary, the Secretary may enter into an agreement with an organization, such as a national nonprofit organization, to serve as the prime sponsor for such an area. The Secretary shall meet the requirements described in subsection (g) before entering into the agreement. (e) Designation Renewal.-- (1) Designation renewal.--A prime sponsor shall obtain renewal of the designation of the prime sponsor not more frequently than every 3 years and not less frequently than every 5 years. (2) System for designation renewal.--The Secretary shall develop a system for prime sponsors to renew their designation, under which the Secretary shall determine if a prime sponsor is delivering a high-quality and comprehensive child care and early learning program that meets the health, educational, nutritional, and social needs of the children and families it serves, and meets program and financial management requirements and standards described in section 121(a), and governance and legal requirements. (f) Prohibition Against Entities Other Than Indian Tribes or Tribal Organizations Receiving a Grant for a Child Care and Early Learning Program on Indian Land.-- (1) In general.--Notwithstanding any other provision of law, except as provided in paragraph (2), under no condition may an entity other than an Indian Tribe or Tribal organization receive a grant to carry out a child care and early learning program on Tribal land. (2) Exceptions.-- (A) No indian tribe or tribal organization available.--In a service area in which there is no Indian Tribe or Tribal organization available for designation to carry out an child care and early learning program on Indian land, an entity that is not a Tribal organization may receive a grant to carry out an child care and early learning program on Indian land, but only until such time as an Indian Tribe or Tribal organization in such service area becomes available and is designated pursuant to this section. (B) Joint prime sponsors.--For a service area that consists of any non-reservation Indian land, if the Indian Tribe or Tribal organization involved is not interested in serving or does not have the capacity to serve the entire service area, the Indian Tribe or Tribal organization may work with another prime sponsor to jointly serve as prime sponsors for the service area. (g) Family, Child Care Worker, and Community Participation.--The Secretary shall-- (1) significantly involve parents, family members, family child care home providers, child care and early learning staff, labor unions, and community residents in the service area for the program involved, in the process for designation of prime sponsors; and (2) ensure that the persons selected to be involved in that process shall reflect the diversity of the service area, with respect to income, culture, race and ethnicity, language, and status as a migrant or seasonal farmworker, Indian, or Native Hawaiian. SEC. 114. POWERS AND FUNCTIONS OF PRIME SPONSORS. (a) Authority.--If an entity has been designated as a prime sponsor under this title-- (1) the entity may receive and administer funds under this title, funds and contributions from private or local public sources that may be used in support of a child care and early learning program, and funds under a Federal or State assistance program related to the provision of child care and early learning services; (2) the entity may transfer funds so received, and delegate powers to other agencies, subject to the powers of its governing board and its overall program responsibilities; (3) the entity's power to transfer funds and delegate powers shall include the power to make transfers and delegations for services in all cases where the transfers and delegations will contribute to efficiency and effectiveness or otherwise further program objectives; and (4) the entity may set up a process to negotiate wages, benefits, hours, and working conditions of teachers and other staff in the corresponding child care and early learning program. (b) Comprehensive Child Care and Early Learning Plans.-- (1) In general.--Financial assistance under this title may be provided by the Secretary to an entity that is a prime sponsor designated pursuant to section 113 only pursuant to an application in the form of a comprehensive child care and early learning plan which was submitted annually by such entity and approved by the Secretary in accordance with the provisions of this title. (2) Contents.--Any such plan shall set forth a comprehensive proposal, for providing child care and early learning services in the service area, which-- (A) assesses all child care and early learning needs and goals within the area and the applicant's proposal for addressing those needs; (B) describes the demographic and economic data and other criteria the prime sponsor proposes to use to determine whether a community is in particular need of child care; (C) identifies specific communities determined to be in particular need of child care, where such communities are located, the size and scope of such areas, and the age groups of children in need of child care in such areas; (D) describes how the prime sponsor will increase the child care supply, quality, and affordability for all families in communities of particular need, which may include providing start-up funding, technical assistance, training and professional development for the child care workforce, enhanced compensation, and other activities; (E) describes how the prime sponsor will provide comprehensive health, mental health, education, parental or family member involvement, nutritional, social, and other services for the children that need child care and early learning services, including appropriate screening and referrals for children with challenging behaviors and other mental health needs; (F) provides that services are full-working-day and full calendar year long, and ensures that the available hours of services are responsive to the needs of families in the service area, including, as appropriate, nonstandard hour care; (G) describes how the prime sponsor will guarantee all children in the service area access to the child care and early learning program and use funds provided under section 112(a)(1) for child care and early learning services; (H) describes how the prime sponsor will promote children's mental health, social and emotional well- being, and overall health, by providing supports for positive learning environments for the children, including-- (i) strategies for supporting children with challenging behaviors and other social, emotional, and mental health concerns; and (ii) teacher training and mental health consultations for both staff and children of the child care and early learning program; (I) includes a policy on suspension and expulsion that-- (i) prohibits or severely limits the use of suspension due to a child's behavior and ensures suspensions are only temporary in nature; (ii) prohibits expelling or unenrolling a child from the program because of the child's behavior; and (iii) provides that, in the case of a child exhibiting persistent and serious challenging behaviors, the program provider will-- (I) explore all possible steps and document all steps taken to address such behaviors; (II) make efforts to facilitate the child's safe participation in the program; and (III) after taking the steps described in subclauses (I) and (II), if the provider determines, in consultation with parents and other professionals, that the program is not the most appropriate placement for the child, work with the parents to directly facilitate the transition of the child to a more appropriate placement; (J) provides that funds received under section 112(a)(1) will be used for a child care and early learning program for covered children; (K) describes how, in the case of a prime sponsor located within or adjacent to a metropolitan area, the prime sponsor will coordinate activities with other prime sponsors located within such metropolitan area; (L) provides that, to the extent feasible, the child care and early learning program will include children from a range of socioeconomic backgrounds, and that children will have access to all child care and early learning service providers in the service area, with priority given to the provider preferences stated by the parents and family members of low-income children; (M) ensures that, where socioeconomic diversity of children among providers in the service area cannot be achieved, the share of program costs not covered through the Federal share or program fees does not fall on a single provider or a subset of providers within the service area; (N) provides that services will be culturally, linguistically, and developmentally appropriate; (O) provides that services will take into account the unique needs of communities, families, and children in the service area, including low-income children, children with incarcerated parents, homeless children, and children who are dual language learners; (P) describes a system for offering child care and early learning options, for facilitating the selection of such an option, and for enrollment of children, which may include establishing and operating a website for families; (Q) describes how the prime sponsor will conduct outreach to all families in the service area and referrals, using the appropriate medium for families who speak a language other than English; (R) provides equitably for the child care and early learning needs of all covered children within the service area, and promotes equity and addresses disparities in the provision of services, including equity and disparities related to income, culture, race and ethnicity, language, or status as a child of a migrant or seasonal farmworker, as a child belonging to an Indian Tribe, or as a Native Hawaiian child; (S) provides, insofar as possible, for coordination of the child care and early learning program with other social programs; (T) provides for-- (i) direct participation of parents, family members, and child care and early learning program staff, including teachers and paraprofessionals, in the conduct of overall direction of, decisionmaking for, and evaluation of the child care and early learning program; and (ii) sufficient support for the persons described in clause (i) to participate in the activities described in clause (i); (U) provides to the extent feasible for the employment as both professionals and paraprofessionals of residents in the service area in a way that takes into account the cultural, racial and ethnic, and linguistic diversity of the families served; (V) includes to the extent feasible a career development plan for paraprofessional and professional training, education, and advancement on a career ladder; (W) provides that, insofar as possible, persons residing in the service area will receive jobs, including in-home and part-time jobs, and opportunities for training in programs under sections 135 and 136, with special consideration for career opportunities for low-income individuals; (X) provides for the regular and frequent dissemination of information in the language of workers and those to be served, to assure that parents, family members, and interested persons in the service area are fully informed of services available through the child care and early learning program, and of the activities of the prime sponsor's Child Care and Early Learning Council; (Y) provides for coordination with administrators of programs and services that are related to child care and early learning programs and services and that are not funded through this title, including programs conducted under the auspices of or with the support of business or financial institutions or organizations, industry, labor unions, employee or labor-management organizations, or other community groups; (Z) as applicable, describes any arrangements for the delegation, under the supervision of the Child Care and Early Learning Council, to public or private agencies or organizations, of responsibilities for the delivery of child care and early learning services for which financial assistance is provided under this title or for planning or evaluation services to be made available with respect to a child care and early learning program under this title; (AA) contains plans for regularly conducting surveys and analyses of needs for the child care and early learning program in the service area and for submitting to the Secretary a comprehensive annual report and evaluation in such form and containing such information as the Secretary shall require by regulation; (BB) provides that-- (i) services for children with disabilities at the State, Tribal, and local levels will be available, in the child care and early learning program approved under the plan; and (ii) formal linkages are in place between the program and providers of early intervention services for infants and toddlers with disabilities; (CC) provides assurances satisfactory to the Secretary that the non-Federal share requirements described in section 112(c) will be met; (DD) provides for such fiscal control, fiscal staffing, and funding accounting procedures as the Secretary may prescribe to assure proper disbursement of and accounting for Federal funds paid to the prime sponsor; (EE) provides that the child care and early learning program, or services within the program, under this title shall be provided only for children whose parents or legal guardians have requested the services; (FF) sets forth satisfactory provisions for establishing, consistent with subsection (d)(1), and maintaining a Child Care and Early Learning Council which meets the requirements of subsection (d); (GG) provides verification that the sponsor and its delegate providers-- (i) will recognize and bargain with labor unions representing family child care home providers, teachers and other staff of child care and early learning programs in order to meet the requirements set forth in section 136 and for other purposes; and (ii) will not assist in, promote, or deter labor union organizing; (HH) provides an annual technical assistance and training plan; (II) provides for collection and reporting of program performance data in both an aggregate form and disaggregated by family income, culture, race and ethnicity, and primary language; (JJ) documents a written affirmation, signed by the appropriate officials from Indian Tribes or Tribal organizations approved by the Tribes or Native Hawaiian groups, which recognizes that the prime sponsor has engaged in timely and meaningful consultation with the appropriate officials from Indian Tribes or Tribal organizations if-- (i) a program is being operated on or near an Indian reservation, or if more than 15 percent of children enrolled in the program are Indians or Native Hawaiians; and (ii) the prime sponsor is not an Indian Tribe or Tribal organization; (KK) provides that services will be provided with a holistic and multi-generational approach that includes promoting the well-being of pregnant women and engaging expectant parents during prenatal and early months; (LL) describes how the sponsor will ensure that key workplace protections and rights, similar to the protections and rights specified in the National Labor Relations Act (29 U.S.C. 151 et seq.), are provided; (MM) describes how the sponsor will implement a process in which, through their labor unions, family child care home providers and child care and early learning center staff participate in a collective process to set wages, benefits, hours, and minimum standards for working conditions; (NN) describes how the sponsor will ensure that family child care home providers, including teachers and other staff of family child care home providers, and teachers and other staff at a child care and early learning center (including employees of a delegate provider) are paid compensation that meets the requirements of section 136(b); (OO) provides that the sponsor will provide teachers and other staff with supports that are high- quality, research-based, and rooted in adult learning theory; (PP) provides that the program will be accessible to, and that staff will receive training on working with, children with disabilities and parents with disabilities; (QQ) describes how the prime sponsor will award financial assistance to delegate providers, consistent with the requirements under this section, for the provision of child care and early learning services for children under this section that, at a minimum, supports-- (i) the providers' operating expenses to meet and sustain compliance with health, safety, quality, and wage standards required under this section; and (ii) services to address underserved populations described in section 137(a)(4); and (RR) meets any other requirements or provides any information the Secretary requires by regulation. (c) Uses.--The Secretary shall provide the financial assistance to a prime sponsor, for the planning, conduct, administration, and evaluation of a child care and early learning program that delivers services in accordance with the requirements of the comprehensive child care and early learning plan specified under subsection (b), and for implementing the following activities: (1)(A) Provide for family member and community involvement, including the involvement of parents, family members, community residents, current or future staff of a child care and early learning program, and local businesses, in the design and implementation of the program. (B) The prime sponsor shall-- (i) provide for the involvement in a manner that recognizes parents and family members as their children's primary teachers and nurturers; and (ii) implement intentional strategies to engage parents and family members in their children's learning and development and support parent-child relationships. (2) Provide for implementing additional activities, other than the activities described in paragraph (1), that the Secretary determines to be appropriate by regulation, which additional activities may include-- (A) activities to support family well-being related to family safety, health, and economic stability, including substance abuse counseling (either directly or through referral to local entities), which may include providing information on the effect of prenatal exposure to drugs and alcohol; and (B) other activities designed to facilitate a partnership in the program with parents in supporting the development and early learning of their child, including providing-- (i) training in basic child care and early learning (including cognitive, social, and emotional development); (ii) assistance in developing adult or family literacy and communication skills; (iii) opportunities to share experiences with other parents (including parent-mentor relationships); (iv) health services, including information on maternal depression and mental health; (v) regular in-home or virtual visitation; or (vi) family literacy services. (3) Provide, with respect to each participating family, a family needs assessment that includes consultation with the parents (including, in this paragraph, foster parents, grandparents, and kinship caregivers, where applicable) in the family's preferred language or through an interpreter, to the extent practicable, and ensure parents have the opportunity to share personal information in an environment in which the parents feel safe. (4) Provide to parents of dual language learners outreach and information, in an understandable and uniform format and, to the extent practicable, in a language that the parents can understand. (5) Promote the continued partnership in the program of the parents (including, in this paragraph, foster parents, grandparents, and kinship caregivers, as appropriate) of children that participate in child care and early learning programs in the education of their children upon transition of their children to school, by working with the local educational agency-- (A) to implement strategies and activities, including providing information and training to the parents-- (i) to help parents advocate for and promote successful transitions to kindergarten for their children, including helping parents continue to be involved in the education and development of their child, and to help parents understand and prepare to exercise their rights and responsibilities concerning the education of their children; (ii) in the case of parents with children who receive services under section 619 or part C of the Individuals with Disabilities Education Act (20 U.S.C. 1419, 1431 et seq.), to collaborate with the parents, and the local agency responsible for providing such services, to support the children and parents in transitioning to a new setting in elementary school; and (iii) to prepare parents-- (I) to understand and work with schools in order to communicate with teachers and other school personnel; (II) to continue to support their children's learning, in an elementary school setting; and (III) to participate as appropriate in decisions relating to the education of their children and advocate for their children's needs; and (B) to advocate for the local educational agency to ensure that schools have a process in place to take other actions, as appropriate and feasible, to support the active involvement of the parents with schools, school personnel, and school-related organizations. (6) Establish effective procedures for timely referral of children with disabilities to the State or local agency providing services under section 619 or part C of the Individuals with Disabilities Education Act (20 U.S.C. 1419, 1431 et seq.), and collaboration with that agency. (7) Establish effective procedures-- (A) for providing necessary early intervention services and special education and related services to children with developmental delays and disabilities prior to an eligibility determination by the State or local agency responsible for providing services under section 619 or part C of such Act; and (B) in the case of a child for whom an evaluation determines that the child is not eligible for early intervention services or special education and related services under the Individuals with Disabilities Education Act (20 U.S.C. 1400), but who has a documented significant delay, for partnering with parents to help the parents access services and supports to help address the child's identified needs through health insurance or other means. (8) Ensure that each family with a covered child who requests a placement receives one in the service area and, in making the placement, recognize and take into account the family's needs regarding setting (such as a family child care home or center-based setting), cultural and linguistic preferences, operating schedule, and preferences on location. (9) Provide both center-based and family child care home options for child care and early learning services to families. (d) Program Governance.-- (1) Advisory council.--Upon receiving designation as a prime sponsor, the prime sponsor shall establish a Child Care and Early Learning Advisory Council (referred to in this section as a ``Council'') and maintain the Council to advise the prime sponsor and assist in the coordination of program services and implementation. (2) State council.--In the event that the prime sponsor is a State, the Council shall coordinate activities with the State Advisory Council on Early Childhood Education and Care designated or established under section 642B(b) in the Head Start Act (42 U.S.C. 9837b(b)). (3) Overall composition.-- (A) In general.--The Secretary shall establish the composition requirements for the Council ensuring that the Council has representation of-- (i) parents or family members of children served by child care and early learning programs; (ii) staff and providers of child care and early learning programs, or their representatives; and (iii) other relevant stakeholders. (B) Representation.--Members of the Council shall reflect the population served by the prime sponsor, with respect to income, culture, race and ethnicity, language, and status as a migrant or seasonal farmworker, Indian, or Native Hawaiian. (4) Chairperson.--Each Council shall select its own chairperson, from among the members of the Council. (5) Conflict of interest.-- (A) In general.--Members of the Council shall-- (i) not have a financial conflict of interest with the prime sponsor; (ii) not receive compensation for serving on the Council or for providing services to the prime sponsor; (iii) not be employed, nor shall members of their immediate family be employed, by a prime sponsor in the service area; and (iv) as a Council, operate as an entity independent of staff employed by the prime sponsor. (B) Exception.--If an individual holds a position as a result of public election or political appointment, and such position carries with it a concurrent appointment to serve as a member of a Council, and such individual has any conflict of interest described in clause (ii) or (iii) of subparagraph (A)-- (i) such individual shall not be prohibited from serving on such body and the Council shall report such conflict to the Secretary; and (ii) if the position held as a result of public election or political appointment provides compensation, such individual shall not be prohibited from receiving such compensation. (6) Responsibilities.--The Council shall provide regular advice and guidance to the prime sponsor on the basic goals, policies, actions, and procedures, at a basic level, for the prime sponsor relating to the child care and early learning program involved, including policies with respect to planning, general supervision and oversight, overall coordination, personnel, budgeting, funding, and monitoring and evaluation, of the programs. (e) Program Governance Administration.-- (1) Impasse policies.--The Secretary shall develop policies, procedures, and guidance for prime sponsors concerning the resolution of internal disputes, including any impasse in the governance of child care and early learning programs. (2) Conduct of responsibilities.--Each prime sponsor shall ensure the sharing of accurate and regular information for use by the Council, about program planning, policies, and operations. (3) Training and technical assistance.--Appropriate training and technical assistance shall be provided to the members of the Council to ensure that the members understand the information the members receive and can effectively oversee and participate in the child care and early learning program of the prime sponsor. (f) Collaboration and Coordination.--On receiving designation as a prime sponsor, the prime sponsor shall ensure that the child care and early learning program is implemented in a way that promotes collaboration and coordination with public and private entities, to the maximum extent practicable, to improve the availability and quality of services to children and families, including implementing each of the following activities: (1) Conduct outreach to schools in which children participating in the child care and early learning program will enroll following the program, local educational agencies, the local business community, community-based organizations, faith- based organizations, museums, health care providers, and libraries to generate support and leverage the resources of the entire local community in order to improve school readiness. (2) Coordinate activities and collaborate with entities (including providers) carrying out programs under the Child Care and Development Block Grant Act of 1990 (42 U.S.C. 9857 et seq.), section 106 of the Child Abuse Prevention and Treatment Act (42 U.S.C. 5106a), parts B and E of title IV of the Social Security Act (42 U.S.C. 621 et seq., 670 et seq.), subtitle B of title VII of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11431 et seq.), section 619 and part C of the Individuals with Disabilities Education Act (20 U.S.C. 1419, 1431 et seq.), or the Head Start Act (42 U.S.C. 9831 et seq.), and other entities providing early childhood education and development programs or services. (3) Take steps to coordinate activities with the local educational agency serving the service area involved and with schools in which children participating in the child care and early learning program will enroll following the program, including-- (A) collaborating on the shared use of transportation and facilities, in appropriate cases; (B) collaborating to reduce the duplication and enhance the efficiency of services while increasing the program participation; and (C) exchanging information on the provision of noneducational services. (4) If there is a public preschool program in the service area that is not a prime sponsor nor a participant in the child care and early learning program, enter into a memorandum of understanding with the local entity responsible for managing the preschool program, not later than 1 year after the date of enactment of this Act, that shall-- (A)(i) provide for a review of each of the activities described in clause (ii); and (ii) include plans to coordinate, as appropriate, activities regarding-- (I) educational activities, curricular objectives, and instruction; (II) public information dissemination and access to programs for families contacting the child care and early learning program or the preschool program; (III) selection priorities for eligible children to be served by the child care and early learning program or any of the preschool programs; (IV) service areas; (V) staff training, including opportunities for joint staff training on topics such as academic content standards, instructional methods, curricula, and social and emotional development; (VI) program technical assistance; (VII) provision of additional services to meet the needs of parents or family members, as applicable; (VIII) communications and outreach to parents and family members for smooth transitions to kindergarten as required in paragraphs (3) and (6) of section 122(a); (IX) provision and use of facilities, transportation, and other program elements; and (X) other elements mutually agreed to by the parties to such memorandum; (B) be submitted to the Secretary and the State Director of Child Care and Early Learning Program Collaboration not later than 30 days after the parties enter into such memorandum; and (C) be revised periodically and renewed biennially by the parties to such memorandum, in alignment with the beginning of the school year. The requirements of the preceding sentence shall not apply where the local entity responsible for managing the public preschool program is unable or unwilling to enter into such a memorandum, and the prime sponsor shall inform the Secretary and the State Director of Child Care and Early Learning Program Collaboration of such inability or unwillingness. (g) Standards, Curricula, and Assessment.--On receiving designation as a prime sponsor, the prime sponsor shall ensure that the child care and early learning program will-- (1) take steps to ensure, to the maximum extent practicable, that children maintain the developmental and educational gains achieved and build upon such gains in further schooling; (2) meet the national program standards set forth in section 121(a); (3) implement a research-based early childhood curriculum that-- (A) promotes young children's school readiness in the areas listed in section 121(a)(4)(A)(ii); (B) is based on scientifically valid research and has standardized training procedures and curriculum materials to support implementation; (C) is comprehensive and linked to an ongoing assessment and aligned with State early learning standards, within the meaning of section 637 of the Head Start Act (42 U.S.C. 9832), which is conducted not more than twice a year, with developmental and learning goals and measurable objectives; and (D) is focused on improving the learning environment, teaching practices, parent and family member involvement, and child outcomes across all areas of development; (4) implement effective interventions and support services that help promote the school readiness of children participating in the child care and early learning program involved; (5) use research-based assessment methods, including such methods that provide proven results regardless of culture, race or ethnicity, or language spoken at home, in order to support the educational instruction and school readiness of children in the program; (6) use research-based developmental screening tools that have been demonstrated to be-- (A) standardized, reliable, valid, and accurate for the child being assessed, to the maximum extent practicable; and (B) age, developmentally, culturally, and linguistically appropriate, for the child and, if relevant, appropriate for children with disabilities; (7) adopt, in consultation with experts in child care and early learning and with classroom teachers, a non-punitive evaluation to assess classroom teachers and to inform professional development plans, as appropriate, that leads to improved teacher effectiveness; (8) establish goals and measurable objectives for the provision of health, educational, nutritional, social services, and other services provided under this title and related to the program mission and to promoting school readiness; (9) develop procedures for identifying and promoting the language knowledge and skills of dual language learner children; and (10) not use funds to develop or implement an assessment for children that-- (A) will be used as the sole basis for a child care and early learning provider being determined to be ineligible to participate in the program carried out under this title; (B) will be used as the primary or sole basis for providing a reward or sanction for an individual provider; (C) will be used as the primary or sole basis for assessing program effectiveness; or (D) will be used to deny children eligibility to participate in the program carried out under this title. (h) Exceptions.--Nothing in this title shall preclude a State from using a single assessment (as determined by the State) for children for-- (1) supporting learning or improving a classroom environment; (2) targeting professional development to a provider; (3) determining the need for health, mental health, disability, developmental delay, or family support services; (4) obtaining information for the quality improvement process at the State level; or (5) conducting a program evaluation for the purposes of improving the program and providing information to parents. (i) Funded Enrollment.--Each prime sponsor shall enroll 100 percent of its funded enrollment, with ongoing outreach to the community and activities to identify underserved populations. (j) Sliding Fee Scale.-- (1) In general.--With respect to child care and early learning services provided through the program, a prime sponsor-- (A) shall not charge a fee with respect to any low- income child; and (B) may charge a fee with respect to any child who is not a low-income child, in accordance with the sliding fee scale described in paragraph (2) and subject to paragraphs (3) and (4). (2) Sliding fee scale.--A fee under this subsection shall be charged, in a State, based on a sliding fee scale as follows: (A) With respect to a child who is in a family with a family income that is more than 75 percent of the State median income but not more than 87.5 percent of the State median income, the fee under this subsection shall not exceed 1 percent of the family income. (B) With respect to a child who is in a family with a family income that is more than 87.5 percent of the State median income but not more than 100 percent of the State median income, the fee under this subsection shall not exceed 2 percent of the family income. (C) With respect to a child who is in a family with a family income that is more than 100 percent of the State median income but not more than 112.5 percent of the State median income, the fee under this subsection shall not exceed 3 percent of the family income. (D) With respect to a child who is in a family with a family income that is more than 112.5 percent of the State median income but not more than 125 percent of the State median income, the fee under this subsection shall not exceed 4 percent of the family income. (E) With respect to a child who is in a family with a family income that is more than 125 percent of the State median income but not more than 137.5 percent of the State median income, the fee under this subsection shall not exceed 5 percent of the family income. (F) With respect to a child who is in a family with a family income that is more than 137.5 percent of the State median income but not more than 150 percent of the State median income, the fee under this subsection shall not exceed 6 percent of the family income. (G) With respect to a child who is in a family with a family income that is more than 150 percent of the State median income, the fee under this subsection shall not exceed 7 percent of the family income. (3) Limitation.--With respect to a child who is in a family with a family income described in either of subparagraph (A) or (B) of paragraph (2), the fee charged per day under this subsection shall not exceed 2 percent of the family income, divided by 52, and then divided by 5, irrespective of the number of days of care provided per week. (4) Fee percentage applicable regardless of number of children served.--The total fee for a family that is subject to the fee under this subsection and has more than 1 child served through the program-- (A) may increase as the family enters the second or a further child in the program; but (B) may not be greater than the fee allowed under paragraphs (2) and (3). (k) Parent Boards.--The prime sponsor shall require the establishment, at each child care and early learning center, of a board of parents, to be composed of parents and family members of children attending the center. The board shall meet periodically with staff of the center for the purpose of discussing problems and concerns. (l) Rules of Construction.--Nothing in this title shall be construed to alter or otherwise affect the rights, remedies, and procedures afforded to staff of child care and early learning programs or delegate providers, or employees of public schools, or local educational agencies, under Federal, State, Tribal, or local laws (including applicable regulations or court orders) or under the terms of collective bargaining agreements, memoranda of understanding, or other agreements between such staff or employees, and the corresponding program, provider, school, or agency. SEC. 115. DELEGATE PROVIDERS. (a) In General.--A prime sponsor may use financial assistance made available under section 112(a)(1) to enter into an agreement with a delegate provider to carry out services as part of the child care and early learning program. (b) Application.--To be able to receive financial assistance under subsection (a) for a fiscal year as a delegate provider to carry out services as part of the child care and early learning program, a public or private agency or organization shall submit a delegate provider application to a prime sponsor, at such time and in such manner as the prime sponsor may require, that provides-- (1) that the delegate provider applicant is an entity that is a locality, local educational agency, faith-based organization, public or private nonprofit or for-profit agency or organization, family child care network or association, employer or business organization, labor union, employee or labor-management organization, home-based child care provider, or public or private educational agency or institution; and (2) that the entity will provide for such fiscal control and fund accounting procedures as the Secretary shall prescribe to assure proper disbursement of and accounting for Federal funds. (c) Approval.--A delegate provider application may be approved by a prime sponsor upon its determination that such application meets the requirements of this section and that the services to be provided will otherwise further the objectives and satisfy the appropriate provisions of the prime sponsor's child care and early learning plan as approved pursuant to section 114. On approval of the application, the entity shall be considered to be a delegate provider, for purposes of this title. (d) Family and Community Involvement.--Prime sponsors shall involve parents, family members, and community members in the selection process of delegate providers. Subtitle B--Standards SEC. 121. NATIONAL PROGRAM STANDARDS, MONITORING OF CHILD CARE AND EARLY LEARNING PROGRAMS. (a) Standards for Child Care and Early Learning Services.-- (1) Issuance.-- (A) National program standards.--Within 18 months after the date of enactment of this Act, the Secretary shall, after consultation with other Federal agencies, and on the basis of the recommendations of the Committee established pursuant to paragraph (3), issue a common set of national program standards which shall be applicable to all prime sponsors, with respect to their child care and early learning programs providing child care and early learning services with financial assistance under this title, to be known as the ``Federal Standards for Child Care and Early Learning Services''. (B) Baseline for knowledge, skills, and competencies.--The standards shall establish a baseline threshold for knowledge, skills, and competencies for child care and early learning teachers and staff that-- (i) shall be aligned with compensation levels; (ii) shall be phased in; and (iii) shall be determined by the Secretary to be in alignment with the knowledge, skills, and competency expectations of the child care and early learning, or early childhood education, profession. (2) Comprehensiveness.--As appropriate and practicable, the Secretary shall make efforts to ensure that the Federal Standards for Child Care and Early Learning Services are as comprehensive as the Head Start program performance standards in section 641A(a) of the Head Start Act (42 U.S.C. 9836a(a)), and the performance standards for providers and programs issued under the military child care program. (3) Special committee.-- (A) Appointment.--The Secretary shall, within 60 days after the date of enactment of this Act, appoint a Special Committee on Federal Standards for Child Care and Early Learning Services. (B) Composition.--The Committee shall include-- (i) parents or legal guardians of children participating in child care and early learning programs; (ii) representatives of prime sponsors carrying out child care and early learning programs; (iii) representatives of staff of child care and early learning programs, including teachers; (iv) representatives of Indian Tribes and Tribal organizations carrying out child care and early learning programs on Indian land; (v) representatives of family child care home providers, staff and employers for center- based child care and early learning programs, and family child care home providers in child care and early learning programs; and (vi) specialists covering the areas of child care and early learning quality, workforce preparation, working conditions, and wages, and early childhood development. (C) Diversity.--The Secretary shall ensure that the membership of the Committee is diverse with regard to culture, race and ethnicity, and language. (D) Duties.--Such Committee shall recommend Federal Standards for Child Care and Early Learning Services and modifications of such standards as provided in paragraph (1). (4) Content of standards.--The standards shall include-- (A) performance standards with respect to services required to be provided, including health, nutritional, and social services, and other services, including parental and family member involvement services and transition activities described in section 122; (B) scientifically based and developmentally appropriate early development and learning performance standards related to school readiness to ensure that the children participating in the child care and early learning program, at a minimum, develop, as developmentally appropriate, and demonstrate-- (i) language knowledge and skills, including oral language and listening comprehension; (ii) literacy knowledge and skills, including phonological awareness, print awareness and skills, and alphabetic knowledge; (iii) mathematics knowledge and skills; (iv) science knowledge and skills; (v) cognitive abilities that support academic achievement and child care and early learning; (vi) approaches to learning related to child care and early learning; (vii) social and emotional development sufficient to be a foundation for early learning, school success, and social problem- solving; (viii) creative arts expression; (ix) physical development; and (x) in the case of dual language learner children, progress toward language knowledge and development, including progress made through the use of culturally and linguistically appropriate instructional services; (C) administrative and financial management standards; (D) standards relating to the condition and location of facilities (including indoor air quality assessment standards, where appropriate) for such prime sponsors, including regulations that require that the facilities used for child care and early learning programs for regularly scheduled center-based and combination program option classroom activities-- (i) shall meet or exceed State and local requirements concerning licensing for such facilities; and (ii) shall be accessible by State and local authorities for purposes of monitoring and ensuring compliance, unless State or local laws prohibit such access; (E) standards related to the work environment, including standards for the health and safety, and well-being, of teachers and other staff in the child care and early learning programs; and (F) such other standards as the Secretary finds to be appropriate. (5) Considerations regarding standards.--In developing standards required under paragraph (1), the Secretary shall-- (A) consult with experts in the fields of child care and early learning, early childhood education, child health care, family services (including linguistically and culturally appropriate services to dual language learner children and their families), administration, and financial management, and with persons with experience in the operation of child care and early learning programs; (B) take into consideration-- (i) past experience with use of the standards in effect under the Head Start Act (42 U.S.C. 9831 et seq.) on the date of enactment of the Improving Head Start for School Readiness Act of 2007; (ii) developments concerning research-based practices with respect to early childhood education and development, children with disabilities, homeless children, children in foster care, and family services, and best practices with respect to program administration and financial management; (iii) appropriateness of standards for prime sponsors with respect to their programs, recognizing differences in types of settings (including center-based and home-based settings), geography of the service area, and the culture, language, and age distribution of the children served; (iv) projected needs of expanding child care and early learning programs; (v) guidelines and standards that promote child health and physical development, including participation in outdoor activity that supports children's motor development and overall health and nutrition; (vi) changes in the characteristics of the population of children who are accessing child care and early learning programs, including country of origin, language background, and family structure of such children, and changes in the population and number of such children who are in foster care or are homeless children; (vii) mechanisms to ensure that children participating in child care and early learning programs make a successful transition to the schools that the children will be attending; (viii) the need for prime sponsors to maintain regular communications with parents and family members, including conducting periodic meetings to discuss the progress of individual children in child care and early learning programs; (ix) the unique challenges faced by individual programs, including those programs that are seasonal or short-term and those programs that serve rural populations; (x) the degree to which standards are streamlined and minimize administrative burdens on child care and early learning program providers; (xi) the depth of demonstrated skills, experiences, and linguistic, cultural, and racial and ethnic, diversity of providers for child care and early learning programs; and (xii) the input of parents and family members; (C)(i) review and revise as necessary the standards in effect under this subsection; and (ii) ensure that any such revisions in the standards will not result in the elimination of or any reduction in quality, scope, or types of health, educational, nutritional, social, or other services, including parental and family member involvement services, required to be provided under such standards as in effect on the date of enactment of this Act; and (D) consult with appropriate officials from Indian Tribes and Tribal organizations, experts in Indian or Native Hawaiian early childhood education and development, linguists, and associations related to child care and early learning programs providing services for children belonging to Indian Tribes or Native Hawaiian children, on the review and promulgation of standards under paragraph (1) (including standards for Indian or Native Hawaiian, as the case may be, language acquisition and school readiness). (6) Adequate time to meet standards.--The Secretary shall establish an effective date for the standards that allows adequate time for prime sponsors to meet the standards after they have been issued. (b) Uniform Code for Facilities.-- (1) Establishment of special committee.--The Secretary shall, within 60 days after the date of enactment of this Act, appoint a special committee to develop and recommend a uniform code for facilities, to be used as described in paragraph (4). The standards in the code shall deal principally with those aspects of facilities that are essential to the health, safety, and physical comfort of the children involved and the aspects of facilities that are related to the Federal Standards for Child Care and Early Learning Services under subsection (a)(1). In recommending the provisions of the code, the Secretary shall take into consideration the differences between child care centers and family child care homes. (2) Composition of committee.--The special committee appointed under this subsection shall include parents or family members of children participating in child care and early learning programs and representatives of State and local facility licensing agencies, of public health officials, of fire prevention officials, of the construction industry and labor unions, of prime sponsors, of center-based providers and family child care home providers, and of national agencies or organizations interested in the development of children. Not less than one-half of the membership of the committee shall consist of parents or family members of children participating in child care and early learning programs conducted under this title. (3) Proposed code.--Within 1 year after its appointment, the special committee-- (A) shall develop standards for a proposed uniform code for facilities in which child care and early learning services are provided; and (B) shall hold public hearings on the proposed code prior to submitting its final recommendation to the Secretary for approval. (4) Promulgation.--After considering the recommendations submitted by the special committee in accordance with paragraph (3), the Secretary shall promulgate standards for a uniform code described in paragraph (3)(A), which shall be applicable to all facilities receiving Federal financial assistance under this title. If the Secretary disapproves the committee's recommendations, the Secretary shall state the reasons for the disapproval. The Secretary shall also distribute such standards and urge their adoption by States and local governments for facilities in which child care and early learning services are provided. The Secretary may from time to time modify the uniform code for facilities in accordance with procedures set forth in this subsection. (5) Adequate time to meet facilities code.--The Secretary shall establish an effective date for the code that allows adequate time for prime sponsors to meet the code after it has been promulgated. (6) State code for facilities.--Paragraphs (1) through (5) shall not apply in a State for which the Secretary, after consultation with the special committee referred to in paragraph (2), makes a determination that the State's uniform code for facilities or a similar facilities code or set of standards that applies to centers and family child care homes that participate in a child care and early learning program under this title, is sufficient to meet the health, safety, and physical comfort goals of this subsection. (c) Measures.-- (1) In general.--The Secretary, in consultation with representatives of child care and early learning programs, Indian Tribes and Tribal organizations, parents and family members of children in such programs, and teachers and other staff in such programs, and with experts in the fields of early childhood education and development, family services, and program management, shall use the study on Developmental Outcomes and Assessments for Young Children by the National Academy of Sciences, consistent with section 649(j) of the Head Start Act (42 U.S.C. 9844(j)), and other relevant research to establish, inform, revise, and provide guidance to prime sponsors for utilizing, scientifically based measures that support, as appropriate-- (A) classroom instructional practices and, for infants and toddlers, responsive caregiving practices that support early learning and development; (B) identification of children with special needs; (C) program evaluation; and (D) administrative and financial management practices. (2) Characteristics of measures.--The measures under this subsection shall-- (A) be developmentally, linguistically, and culturally appropriate for the population served; (B) be reviewed periodically, based on advances in the science of early childhood development; (C) be consistent with relevant, nationally recognized professional and technical standards related to the assessment of young children; (D) be valid and reliable in the language in which the measures are administered; (E) be administered by staff with appropriate training for such administration; (F) provide for appropriate accommodations for children with disabilities and dual language learner children; (G) be high-quality research-based measures that have been demonstrated to assist with the purposes for which the measures were devised; and (H) be adaptable, as appropriate, for use in the self-assessment of prime sponsors, including in the evaluation of administrative and financial management practices. (3) Use of measures; limitations on use.-- (A) Use.--The measures shall be designed, as appropriate, for the purpose of-- (i) helping to develop the skills, knowledge, abilities, and development described in subsection (a)(4)(A)(ii) of children participating in child care and early learning programs, with an emphasis on measuring skills that scientifically valid research has demonstrated are related to children's school readiness and later success in school; (ii) improving classroom practices, including reviewing children's strengths and weaknesses and individualizing instruction to better meet the needs of the children involved and, for infants and toddlers, ensuring the opportunity for one-on-one interaction that facilitates early learning and development; (iii) identifying the special needs of children; and (iv) improving overall program performance in order to help prime sponsors identify problem areas that may require additional training and technical assistance resources. (B) Limitations.--Such measures shall not be used for an assessment for children that-- (i) will be used as the sole basis for a child care and early learning provider being determined to be ineligible to participate in the program carried out under this title; (ii) will be used as the primary or sole basis for providing a reward or sanction for an individual provider; (iii) will be used as the primary or sole basis for assessing program effectiveness; or (iv) will be used to deny children eligibility to participate in the program carried out under this title. (C) Exceptions.--Nothing in this subchapter shall preclude a State from using a single assessment (as determined by the State) for children for-- (i) supporting learning or improving a classroom environment; (ii) targeting professional development to a provider; (iii) determining the need for health, mental health, disability, developmental delay, or family support services; (iv) obtaining information for the quality improvement process at the State level; or (v) conducting a program evaluation for the purposes of improving the program and providing information to parents. (4) Confidentiality.-- (A) In general.--The Secretary, through regulation, shall ensure the confidentiality of any personally identifiable data, information, and records collected or maintained under this title by the Secretary and any prime sponsors. Such regulations shall provide the policies, protections, and rights equivalent to those provided to a parent, student, and educational agency or institution, as the case may be, under section 444 of the General Education Provisions Act (20 U.S.C. 1232g). (B) Rule of construction on nationwide database.-- Nothing in this subsection shall be construed to authorize the development of a nationwide database of personally identifiable data, information, or records on children resulting from the use of measures under this subsection. (5) Special rule.-- (A) Prohibition.--The use of assessment items and data on any assessment authorized under this title by any agent of the Federal Government is prohibited for the purposes of-- (i) ranking, comparing, or otherwise evaluating individual children for purposes other than research, training, or technical assistance; and (ii) providing rewards or sanctions for individual children or teachers. (B) Results.--The Secretary shall not use the results of a single such assessment as the sole method for assessing program effectiveness or making agency funding determinations at the national, regional, or local level under this title. (d) Monitoring of Local Prime Sponsors and Child Care and Early Learning Programs.--The Secretary, in consultation with representatives of child care and early learning programs, Indian Tribes and Tribal organizations, parents and family members of children in such programs, teachers and other staff in such programs, and with experts in the fields of early childhood education and development, family services, and program management, shall establish and implement monitoring procedures for prime sponsors and their child care and early learning programs (which may be based on the Head Start program monitoring procedures described in section 641A(c) of the Head Start Act (42 U.S.C. 9836a(c)), and the monitoring procedures being implemented for the military child care program)-- (1) to determine whether prime sponsors meet standards described in subsection (a)(1) established under this title with respect to program, administrative, financial management, and other requirements; and (2) in order to help the prime sponsors identify areas for improvement and areas of strength as part of their ongoing self-assessment process. (e) Corrective Action for Prime Sponsors.-- (1) Determination.--If the Secretary determines, on the basis of a review pursuant to subsection (d), that a prime sponsor designated pursuant to this title fails to meet the standards described in subsection (a)(1), the Secretary shall-- (A) inform the prime sponsor of the deficiencies that shall be corrected and identify the assistance to be provided consistent with paragraph (3); (B) with respect to each identified deficiency, require the prime sponsor-- (i) to correct the deficiency immediately, if the Secretary finds that the deficiency threatens the health or safety of staff or program participants or poses a threat to the integrity of Federal funds; (ii) to correct the deficiency not later than 90 days after the identification of the deficiency if the Secretary finds, in the discretion of the Secretary, that such a 90-day period is reasonable, in light of the nature and magnitude of the deficiency; or (iii) in the discretion of the Secretary (taking into consideration the seriousness of the deficiency and the time reasonably required to correct the deficiency), to comply with the requirements of paragraph (2) concerning a quality improvement plan; and (C) initiate proceedings to terminate the designation of the prime sponsor unless the prime sponsor corrects the deficiency. (2) Quality improvement plan.-- (A) Prime sponsor and program responsibilities.--To retain a designation as a prime sponsor under this title, a prime sponsor that is the subject of a determination described in paragraph (1) (excluding a prime sponsor required to correct a deficiency immediately or during a 90-day period under clause (i) or (ii) of paragraph (1)(B)) shall-- (i) develop in a timely manner, a quality improvement plan that shall be subject to the approval of the Secretary, and that shall specify-- (I) the deficiencies to be corrected; (II) the actions to be taken to correct such deficiencies; and (III) the timetable for accomplishment of the corrective actions specified; and (ii) correct each deficiency identified, not later than the date for correction of such deficiency specified in such plan (which shall not be later than 1 year after the date the prime sponsor that is determined to have a deficiency received notice of the determination and of the specific deficiency to be corrected). (B) Secretarial responsibility.--Not later than 30 days after receiving from a prime sponsor a proposed quality improvement plan pursuant to subparagraph (A), the Secretary shall either approve such proposed plan or specify the reasons why the proposed plan cannot be approved. (3) Training and technical assistance.--The Secretary shall provide training and technical assistance to the prime sponsor with respect to the development or implementation of such quality improvement plans to the extent the Secretary finds such provision to be feasible and appropriate given available funding and other statutory responsibilities. (f) Summaries of Monitoring Outcomes.-- (1) In general.--Not later than 120 days after the end of each fiscal year, the Secretary shall publish a summary report on the findings of reviews conducted under subsection (d) and on the outcomes of quality improvement plans implemented under subsection (e), during such fiscal year. (2) Report availability.--Such report shall be made widely available to-- (A) parents and family members with children receiving assistance under this title-- (i) in an understandable and uniform format; and (ii) to the extent practicable, in a language that the parents and family members understand; (B) the public through means such as-- (i) distribution through public agencies; and (ii) posting such information on the internet; and (C) Indian Tribes and Tribal organizations. (3) Report information.--Such report shall contain detailed data-- (A) on compliance with specific standards and measures; and (B) sufficient to allow prime sponsors to use such data to improve the quality of their programs. (g) Self-Assessment.-- (1) In general.--Not less frequently than once each program year, with the consultation and participation of the Child Care and Early Learning Council and, as appropriate, other interested persons in the service area, each prime sponsor that receives financial assistance under this title shall conduct a comprehensive self-assessment of its effectiveness and progress in meeting program goals and objectives and in implementing and complying with standards described in subsection (a)(1). (2) Ongoing monitoring.--Each prime sponsor shall establish and implement procedures for the ongoing monitoring of its child care and early learning program, to ensure that the operations of the program work toward meeting program goals and objectives and implementing and complying with standards described in subsection (a)(1). (h) Accreditation.--The Secretary shall require that each child care and early learning center meet, not later than 6 years after receiving financial assistance under this title, standards of operation necessary for accreditation by an appropriate national early childhood programs accreditation body that was in existence on the date of enactment of this Act. SEC. 122. PRIME SPONSOR ALIGNMENT WITH K-12 EDUCATION. (a) In General.--Each prime sponsor shall take steps to coordinate with the local educational agency serving the service area and with schools in which children participating in a child care and early learning program will enroll following such program to promote continuity of services and effective transitions, including-- (1) developing and implementing a systematic procedure for transferring, with parental consent, child care and early learning program records for each participating child to the school in which such child will enroll; (2) establishing ongoing channels of communication between child care and early learning program staff and their counterparts in the schools (including teachers, social workers, local educational agency liaisons designated under section 722(g)(1)(J)(ii) of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11432(g)(1)(J)(ii)), and health staff) to facilitate coordination of programs; (3) establishing ongoing communications between the prime sponsor and local educational agency for developing continuity of developmentally appropriate curricular objectives and for shared expectations for children's learning and development as the children transition to school; (4) organizing and participating in joint training, including transition-related training for school staff and child care and early learning program staff; (5) establishing comprehensive transition policies and procedures that support children transitioning to school, including by engaging the local educational agency in the establishment of such policies; (6) conducting outreach to parents and elementary school (such as kindergarten) teachers to discuss the educational, developmental, and other needs of individual children; (7) helping parents of dual language learner children understand-- (A) the instructional and other services provided by the school in which such child will enroll after participation in the child care and early learning program; and (B) as appropriate, the information provided to parents of dual language learners under section 1112(e)(3) of the Elementary and Secondary Education Act of the 1965 (20 U.S.C. 6312(e)(3)); (8) developing and implementing a family outreach and support program, in cooperation with entities carrying out parent and family engagement efforts under title I of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6301 et seq.), and family outreach and support efforts under subtitle B of title VII of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11431 et seq.), taking into consideration the language needs of parents of dual language learner children; (9) assisting families, administrators, and teachers in enhancing educational and developmental continuity and continuity of parental involvement in activities between child care and early learning services and elementary school classes; (10) linking the services provided in such child care and early learning program with educational services, including services relating to language, literacy, and numeracy, provided by such local educational agency; (11) helping parents (including in this paragraph grandparents and kinship caregivers, as appropriate) to understand the importance of parental involvement in a child's academic success while teaching the parents strategies for maintaining parental involvement as their child moves from a child care and early learning program to elementary school; (12) helping parents understand the instructional and other services provided by the school in which their child will enroll after participation in the child care and early learning program; and (13) developing and implementing a system to increase child care and early learning program participation of underserved populations of eligible children. (b) Dissemination and Technical Assistance.--The Secretary shall-- (1) disseminate to prime sponsors information on effective policies and activities relating to the transition of children from child care and early learning programs to public schools; and (2) provide technical assistance to such prime sponsors to promote and assist such prime sponsors to adopt and implement such effective policies and activities. SEC. 123. ADEQUATE NUTRITION SERVICES. In accordance with the purposes of this title, the Secretary shall establish procedures to assure that adequate nutrition services will be provided in child care and early learning programs under this title. In assuring the provision of those services, the Secretary may enter into an arrangement with the Secretary of Agriculture to make use of the summer food service program and the child and adult care food program carried out under sections 13 and 17 of the Richard B. Russell National School Lunch Act (42 U.S.C. 1761, 1766) and relevant programs under the Child Nutrition Act of 1966 (42 U.S.C. 1771 et seq.), to the fullest extent appropriate and consistent with the provisions of such Acts. SEC. 124. PARTICIPATION IN CHILD CARE AND EARLY LEARNING PROGRAMS. (a) In General.--The Secretary shall by regulation prescribe eligibility for the participation of persons in child care and early learning programs assisted under this title. (b) Eligible Ages.--Such regulation shall provide that all children who are younger than the age of compulsory school attendance shall be eligible regardless of family income, disability status, citizenship status, employment of a family member, or circumstance. (c) Prime Sponsor Eligibility Determination Responsibilities.--A prime sponsor shall-- (1) determine eligibility under this title based on standards prescribed by the Secretary under subsection (a); (2) not establish more stringent or exclusive requirements for eligibility under this title than the eligibility standards prescribed by the Secretary; and (3) serve all families that request child care and early learning services through the prime sponsor's program. Subtitle C--Administration SEC. 131. THE OFFICE OF CHILD CARE. (a) Principal Agency.--The Office of Child Care of the Department of Health and Human Services shall be the principal agency of the Department for the administration of this title and for the coordination of child care and early learning programs and other activities relating to child care and early learning. (b) Coordination of Child Care Programs.-- (1) In general.-- (A) Department of health and human services.--The Secretary shall take all necessary action to coordinate child care and early learning programs under the Secretary's jurisdiction, including with the Office of Head Start. (B) Department of education.--The Secretary shall take all necessary action to coordinate such programs with the Department of Education. (2) Regulations.--The Secretary shall promulgate regulations to assure that entities that are funded by the Department of Health and Human Services to carry out activities relating to child care and early learning will coordinate the activities with the programs carried out under this title. (3) Technical assistance.--The Secretary shall ensure that joint technical assistance efforts will result in the development of coordinated efforts-- (A) between the offices within the Department of Health and Human Services; and (B) between the Department of Health and Human Services and other Federal agencies, including the Department of Education, that carry out those activities. (c) Procedures, Policies, Regulations.--The Secretary may establish such procedures, policies, and regulations as may be necessary to carry out this title. SEC. 132. ADMINISTRATIVE REQUIREMENTS AND STANDARDS. (a) Requirements and Standards.-- (1) In general.--The Secretary shall establish administrative requirements and standards consistent with the requirements and standards described in subsections (a) through (f), and (h), of section 644 of the Head Start Act (42 U.S.C. 9839). The established requirements and standards shall apply to the child care and early learning programs carried out under this title, and the prime sponsors carrying out such programs, as the case may be. (2) Adjustments.--The Secretary may make such adjustments to the requirements, standards, qualifications, development activities, and limitations specified in paragraph (1) and sections 133(a), 134, 136(a), 139, and 141, as may be necessary to ensure effective administration of this title. (3) Administrative controls.--The Secretary shall prescribe regulations to assure that programs under this title have adequate internal administrative controls, accounting requirements, personnel standards, evaluation procedures, and other policies as may be necessary to promote the effective use of funds. (b) Facilities.-- (1) Owned or leased by federal agencies.--The Secretary, after consultation with other appropriate officials of the Federal Government, shall within 16 months after the date of enactment of this Act prepare and submit to Congress a report that-- (A) describes the extent to which facilities owned or leased by Federal agencies (including departments) could be made available to prime sponsors, through appropriate arrangements, for use as facilities for child care and early learning programs under this title during times and periods when the owned or leased facilities are not utilized fully for their usual purposes; and (B) the Secretary's recommendations (including recommendations for changes through legislation) or proposed actions for such use. (2) Owned or leased in service area.--The Secretary shall require, as a condition for the receipt of financial assistance under this title, that any prime sponsor under this title agree to conduct a review and prepare and submit to the Secretary a report that-- (A) describes the extent to which facilities owned or leased by such prime sponsor, or by other organizations in the service area, could be made available, through appropriate arrangements, for use as facilities for child care and early learning programs under this title during times and periods when the owned or leased facilities are not utilized fully for their usual purposes; and (B) the prime sponsor's proposed actions for such use. (c) Capital Expenditures.-- (1) Construction.--Upon a determination by the Secretary that suitable facilities (including public school facilities) are not otherwise available to prime sponsors to carry out child care and early learning programs, that the lack of suitable facilities will inhibit the operation of such programs, and that construction of such facilities is more cost effective than purchase of available facilities or renovation, the Secretary, in the discretion of the Secretary, may authorize the use of financial assistance under this title to make payments for capital expenditures related to construction of facilities that will be used to carry out such programs. The Secretary shall establish uniform procedures for prime sponsors to request approval for such payments, and shall promote, to the extent practicable, the collocation of child care and early learning programs with other programs serving children and families. (2) Construction, renovation, vehicle purchase.--Such payments may be used for capital expenditures (including paying the cost of amortizing the principal, and paying interest on, loans) such as expenditures for-- (A) construction of facilities that are not in existence on the date of the determination, if such construction is more cost effective than purchase or renovation; (B) major renovation of facilities in existence on such date, if major renovation is more cost effective than purchase, construction, or minor renovation; and (C) purchase of vehicles used for programs conducted at child care and early learning program facilities eligible for a payment under this subsection. (3) Wages for construction or renovation.--All laborers and mechanics employed by contractors or subcontractors in the construction or renovation of facilities to be used to carry out child care and early learning programs under this title shall be paid wages that are not less than the wages prevailing on similar construction or renovation in the service area, as determined by the Secretary of Labor in accordance with subchapter IV of chapter 31 of title 40, United States Code (commonly known as the ``Davis-Bacon Act''). SEC. 133. APPEALS, NOTICE, AND HEARING. (a) Procedures.--The Secretary shall establish appeals, notice, hearing, and other procedures consistent (except as otherwise provided in this section) with the procedures described in section 646 of the Head Start Act (42 U.S.C. 9841). The established procedures shall apply to the child care and early learning programs carried out under this title, and the prime sponsors carrying out such programs, as the case may be. (b) Withholding of Funds.-- (1) In general.--The Secretary shall take the action described in paragraph (2) whenever the Secretary, after reasonable notice and opportunity for a hearing for any prime sponsor (including a delegate provider), finds-- (A) that the prime sponsor has failed to comply substantially with any requirement set forth in the plan of the prime sponsor approved under section 113 or 114; (B) that the delegate provider has failed to comply substantially with any requirement set forth in the application of the provider approved pursuant to section 115(c); or (C) that in the operation of any program (or services) carried out by any such prime sponsor (or delegate provider) under this title the prime sponsor (or delegate provider) has failed to comply substantially with any applicable provision of this title, including a regulation promulgated under this title. (2) Action.--On making a finding under paragraph (1), the Secretary shall notify the prime sponsor or delegate provider involved of the findings and that no further payments may be made to such prime sponsor or delegate provider under this title (or in the Secretary's discretion that any such prime sponsor shall not make further payments under this title to specified delegate providers affected by the failure) until the Secretary is satisfied that there is no longer any such failure to comply, or the noncompliance will be promptly corrected. The Secretary may authorize the continuation of payments with respect to any program or service assisted under this title which is being carried out pursuant to the corresponding plan or application referred to in paragraph (1) and which is not involved in the noncompliance. SEC. 134. RECORDS AND AUDITS. The Secretary shall establish record and audit requirements consistent with the requirements described in section 647 of the Head Start Act (42 U.S.C. 9842). The established requirements shall apply to the child care and early learning programs carried out under this title, and the prime sponsors carrying out such programs, as the case may be. SEC. 135. TECHNICAL ASSISTANCE AND TRAINING. (a) Preservice and Inservice Training.--The Secretary is authorized to make payments to provide financial assistance to enable individuals employed or preparing for employment in child care and early learning programs assisted under this title, including volunteers, to participate in programs of preservice or inservice training for professional or nonprofessional personnel, to be conducted by any prime sponsor carrying out a child care and early learning program, or any institution of higher education, including a community college, or by any combination of those prime sponsors or institutions. The financial assistance shall include scholarships and funding for books, transportation, and other comprehensive needs. (b) Prime Sponsor Technical Assistance and Planning.--The Secretary is authorized to, directly or through grant or contract, make technical assistance available to entities who are eligible and seek to become prime sponsors, and to prime sponsors, to assist the entities and prime sponsors in planning, developing, and carrying out child care and early learning programs. (c) Prime Sponsor Facilities Assistance.-- (1) In general.--The Secretary is authorized to make, directly or through grant or contract, technical assistance and other support available to providers of services through child care and early learning programs, to support the providers in meeting applicable facilities codes, if the providers are-- (A) providers in rural areas; (B) family child care home providers; or (C) providers serving children belonging to Indian Tribes, Native Hawaiian children, children of migrant and seasonal farmworkers, low-income children, or underserved children (including children with disabilities, homeless children, children who have been abused or neglected, and children in foster care). (2) Applicable facilities code.--In this subsection, the term ``applicable facilities code'' means-- (A) a code promulgated under section 121(b)(4), for a provider in a State not described in subparagraph (B); and (B) a code or standards determined to be sufficient under section 121(b)(6), for a provider in a State to which the code or standards apply. (d) Prime Sponsor Financial Assistance.-- (1) In general.--Prime sponsors shall carry out training and quality improvement activities, including-- (A) activities that support child care and early learning programs (including providers) in meeting national program standards; and (B) supporting staff in meeting qualifications described in section 136, including providing paid release time to staff, to engage in activities that enable the staff to meet the qualifications. (2) Financial assistance.--The Secretary is authorized to make financial assistance available to prime sponsors to carry out such training and quality improvement activities. (e) Staff Training.--The Secretary shall prescribe regulations implementing a training program for staff of child care and early learning programs assisted under this title, based on the training program of the military child care program. Satisfactory completion of the training program, which may be accomplished through a professional preparation or development program, shall be a condition of employment of any person as a member of the staff of such a child care and early learning program. The training program established under this subsection shall cover, at a minimum, training in each of the following: (1) Early childhood development. (2) Activities and disciplinary techniques appropriate for children of different ages. (3) Child abuse prevention and detection. (4) Cardiopulmonary resuscitation and other emergency medical procedures. (f) Workforce Development and Diversity.-- (1) Outreach program.--From amounts allocated under section 103(b), the Secretary shall develop and implement a program of outreach to recruit and train professionals from diverse backgrounds to become teachers in child care and early learning programs. (2) Grants.-- (A) In general.--From amounts allocated under section 103(b), the Secretary is authorized to award grants, for a period of not less than 5 years, to-- (i) entities that carry out training through a fund sponsored at least in part by a labor organization; and (ii) institutions of higher education, with priority for part B institutions, Hispanic- serving institutions, and Tribal Colleges and Universities (as the 3 types of institutions are defined in clauses (i) through (iii) of section 241(1)(A) of the Higher Education Act of 1965 (20 U.S.C. 1033(1)(A))). (B) Use of funds.--An institution that receives such a grant may-- (i) use the grant funds-- (I) to improve the child care and early learning workforce; (II) to recruit child care and early learning teachers and other staff who want to obtain additional credentials related to child care and early learning; (III) to recruit and train professionals from diverse backgrounds to become teachers in child care and early learning programs; (IV) to promote access and affordability through direct student support, grants, scholarships, and other forms of student financial aid to students pursuing early childhood coursework and degrees in order to reduce or eliminate the need for such students to take out loans for the related costs of attendance; (V) to create seamless, articulated, teacher preparation pathways; (VI) to develop institutional policies that award credit for students' previous postsecondary early childhood coursework and degrees as well as for demonstrated competency through-- (aa) prior work experience; and (bb) apprenticeships that lead to credentials, or associate or baccalaureate degrees; and (ii) make a portion of the grant funds available for students training to become staff of child care and early learning programs, to cover the corresponding tuition and other costs of attendance. SEC. 136. STAFF QUALIFICATIONS AND DEVELOPMENT. (a) Qualification and Development.-- (1) In general.--The Secretary, after consultation with other Federal agencies and on the basis of the recommendations of the Committee established pursuant to section 121(a)(3), shall establish staff qualification and development requirements based on such requirements described in section 648A of the Head Start Act (42 U.S.C. 9843a), based on such requirements being implemented by the military child care program (including certification of family child care home providers), and including a requirement to satisfactorily complete training under section 135(e). The established requirements shall include the requirements described in subsection (b) (relating to compensation). The established requirements shall apply to the child care and early learning programs carried out under this title, and the prime sponsors carrying out such programs, as the case may be. (2) Objectives.--The established requirements shall be designed to-- (A)(i) lead to high-quality child care and early learning service delivery, including the use of targeted strategies and resources provided by prime sponsors to ensure the diverse, incumbent child care and early learning workforce retains access to employment in such programs; and (ii) take into account workforce recruitment challenges and the need for a diverse workforce; (B) create a pathway for members of the child care and early learning service workforce to build on their credentials; and (C) provide enough time (which shall be not less than 6 years after the date of that establishment) for staff to meet any educational requirements in the established requirements. (b) Pay.-- (1) Competitive rates of compensation.--For the purpose of providing child care and early learning programs with a qualified and stable workforce, each prime sponsor shall ensure that employees (including employees of a delegate provider) at a child care and early learning center and family child care home providers, including teachers and other staff of family child care home providers, shall be paid under a pay scale that provides for rates of compensation that-- (A)(i) except as provided in clause (ii), are comparable with the rates of compensation paid to employees of the corresponding local educational agency with similar training, seniority, and experience; or (ii) for a position not typically found at the corresponding local educational agency, are the rates specified in the pay scale for the military child care program; and (B) are not less than a living wage, as determined by the Secretary. (2) Periodic reviews.--In recommending and establishing requirements under subsection (a) and this subsection, the Committee established pursuant to section 121(a)(3) and the Secretary, respectively, shall periodically conduct reviews of the rates of compensation for employers, teachers, and staff described in paragraph (1). The Committee and Secretary shall determine whether the rates are increasing at a pace that is not less than the rate of the Consumer Price Index-All Urban Consumers, and shall adjust the rates to ensure such an increase. (3) Limitation.--Notwithstanding any other provision of law, no Federal funds may be used to pay any part of the compensation of an employee, teacher, or staff member described in paragraph (1) to carry out a child care and early learning program, if such compensation, including non-Federal funds, exceeds a rate equal to the rate payable for level II of the Executive Schedule under section 5313 of title 5, United States Code. (4) Compensation.--In this subsection, the term ``compensation''-- (A) includes salary, bonuses, periodic payments, severance pay, the value of any vacation time, the value of a compensatory or paid leave benefit, and the fair market value of any employee perquisite or benefit; and (B) includes any prime sponsor expenditure for a health, medical, life insurance, disability, retirement, or any other employee welfare or pension benefit. (c) Curriculum Support.-- (1) In general.--Prime sponsors shall establish and implement a plan to ensure all teachers in a child care and early learning program, including family child care home providers, have curriculum support. (2) Curriculum support.--That curriculum support-- (A) may include the use of curriculum specialists, as in the military child care program; and (B) shall include-- (i) special teaching activities at locations that are easily accessible by the teachers; (ii) daily oversight and instruction of employees providing child care and early learning services; (iii) daily assistance in the preparation of lesson plans, provided through individual specialists or resources for staff that allow teachers to engage in professional responsibilities such as daily lesson planning; (iv) assistance with child abuse prevention and detection; (v) assistance with activities to promote children's cognitive development, behavior management, and mental health; and (vi) assistance with improving the delivery of instruction and with measuring and tracking children's outcomes. SEC. 137. RESEARCH, DEMONSTRATIONS, AND EVALUATION. (a) General Objectives.--The Secretary shall carry out a continuing program of research, demonstration, and evaluation activities, in order to-- (1) focus national research efforts to attain a fuller understanding of the processes of child development and early learning outcomes and the effects of programs on those processes and outcomes; (2) foster continuous improvement in the quality of the child care and early learning programs carried out under this title and in their effectiveness in enabling participating children and their families to succeed in school and otherwise; (3) ensure that the results of research and related development efforts are reflected in the conduct of programs affecting children through the improvement and expansion of child care and early learning programs; and (4) develop, test, and disseminate information on new ideas for addressing the needs of low-income and underserved children (including children with disabilities, homeless children, children who have been abused or neglected, and children in foster care) and their families and communities, and furthering in other ways the purposes of this title. (b) Specific Objectives.--The research, demonstration, and evaluation activities under this title shall include components designed to-- (1) permit ongoing assessment of the quality and effectiveness of the child care and early learning programs under this title; (2) contribute to developing knowledge concerning factors associated with the quality and effectiveness of child care and early learning programs and in identifying ways in which services provided under this title may be improved; (3) assist in developing knowledge concerning the factors that promote or inhibit healthy development and effective functioning of children and their families, including physical, mental, vision, and oral health, both during and following participation in a child care and early learning program; (4) permit comparisons of children and families participating in child care and early learning programs-- (A) with children and families receiving other child care, or early childhood education and development, services or programs; and (B) with other appropriate control groups; (5) contribute to understanding the characteristics and needs of population groups eligible for services provided under this title and the impact of such services on the individuals served and the service areas in which such services are provided; (6) provide for disseminating and promoting the use of the findings from such research, demonstration, and evaluation activities; (7) promote exploration of areas in which knowledge is insufficient, and that will otherwise contribute to fulfilling the purposes of this title; (8)(A) contribute to understanding the impact of child care and early learning services delivered in classrooms that include both children with disabilities and children who are not children with disabilities, on both types of children; and (B) disseminate promising practices for increasing the availability and quality of child care and early learning services that are so delivered and classrooms described in subparagraph (A); (9) contribute to understanding the impact of different child care and early learning models, including those with varying teacher compensation, preparation, and workplace supports, in addressing educational disparities and inequalities, including disparities and inequalities based on income, and disparities and inequalities based on culture, and race and ethnicity; (10) contribute to the understanding of providing effective child care and early learning programs to dual language learner children, children with disabilities, culturally diverse families, racially and ethnically diverse families, children belonging to an Indian Tribe, Native Hawaiian children, and children of migrant and seasonal farmworkers, and to service areas with many low-income children; and (11) carry out-- (A) research to determine the nature of child development processes and the impact of various influences upon those processes, including workplace conditions and supports, to develop techniques to measure and evaluate child development, to develop standards to evaluate professional and paraprofessional child development personnel, and to determine how child care and early learning and related programs conducted in either family child care homes or centers affect child development processes; (B) research to test alternative methods of providing child development and related services, and to develop and test innovative approaches to achieve maximum development of children; (C) evaluation of findings from research conducted under this paragraph and the development of and effective application of those findings; (D) dissemination and application of results from research and related development efforts and demonstration projects to child care and early learning programs, related programs, and early childhood education; (E) production of informational systems and other resources necessary to support the activities authorized under this paragraph; and (F) integration of national child development research efforts under this title into a focused national research program, including the coordination of research and development conducted by entities under this section with research and development conducted by other agencies, organizations, and individuals. (c) Conduct of Research, Demonstration, and Evaluation Activities.--The Secretary, in order to conduct research, demonstration, and evaluation activities under this section-- (1) may carry out such activities directly, or through grants to, or contracts or cooperative agreements with, public or private entities; (2) shall, to the extent appropriate, undertake such activities in collaboration with Federal agencies (other than the Department of Health and Human Services), and with non- Federal agencies, Indian Tribes, and Tribal organizations, conducting similar activities; (3) shall ensure that evaluation of such activities in a specific program is conducted by persons not directly involved in the operation of such program; (4) may require prime sponsors to provide for independent evaluations; (5) may approve, in appropriate cases, community-based cooperative research and evaluation efforts to enable prime sponsors to collaborate with qualified researchers not directly involved in program administration or operation of a program funded under this title; and (6) may collaborate with organizations with expertise in inclusive educational strategies for preschoolers who are children with disabilities. (d) Coordination of Research.-- (1) Transfers.--Funds available to any Federal agency (including a department) for the purposes stated in subsection (a) or the activities stated in subsection (b) shall be available for transfer, with the approval of the head of the agency involved, in whole or in part, to the Secretary for such use as is consistent with the purposes for which such funds were appropriated, and the funds so transferred shall be expendable by the Secretary for the purposes for which the transfer was made. (2) Coordination.--In carrying out activities under this section, the Secretary shall-- (A) coordinate, through the Office of Child Care and Early Learning, established under section 131, all child development research, training, and related development efforts conducted by the Department of Health and Human Services and, to the extent feasible, by other agencies, organizations, and individuals; (B) consult with-- (i) individuals from relevant academic disciplines; (ii) individuals who are involved in the operation of child care and early learning programs and individuals who are involved in the operation of other child and family service programs; (iii) appropriate officials from Indian Tribes and Tribal organizations; and (iv) individuals from organizations involved with, and academic disciplines related to, children and families, ensuring that the individuals consulted under this subparagraph reflect the multicultural nature of the children and families served by the child care and early learning programs and the multidisciplinary nature of the programs; (C) whenever feasible and appropriate, obtain the views of persons participating in and served by programs assisted under this title with respect to activities under this section; and (D) establish, to the extent appropriate, working relationships with faculty members of institutions of higher education, as defined in section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001), located in the area in which any evaluation under this section is being conducted, to participate in such evaluation, unless there is no such institution of higher education willing and able to participate in such evaluation. (3) Council.-- (A) In general.--There is established a Child Development Research Council, consisting of-- (i) a representative of the Office of Child Care and Early Learning (who shall serve as chairperson); and (ii) a representative from each of the Federal agencies and offices determined to be appropriate by the Secretary. (B) Meetings.--The Council shall meet at least annually and at such more frequent times as the Council may determine to be necessary. (C) Duties.--The Council shall assure coordination of child care and early learning services under the jurisdiction of the agencies and offices represented on the Council and carry out the provisions of this section so as to assure-- (i) maximum utilization of available resources through the prevention of duplication of activities; (ii) a division of labor, insofar as is compatible with the purposes of each of the agencies or offices represented on the Council, among those agencies and offices to assure maximum progress toward the achievement of the purposes of this section; and (iii) recommendation of priorities for federally funded research and related development that are related to the purposes of this section and those stated in section 101. (e) Annual Report.--The Secretary shall make an annual report to Congress-- (1) summarizing-- (A) the Secretary's activities and accomplishments during the preceding year under this section; and (B) the grants, contracts, or other arrangements entered into during the preceding year under this section; and (2) making such recommendations as the Secretary may determine to be appropriate. (f) Plan.--The Secretary shall develop, and periodically update, a plan governing the research, demonstration, and evaluation activities under this section. (g) Ownership of Results.--The Secretary shall take necessary steps to ensure that all studies, reports, proposals, and data produced or developed with Federal funds under this title shall become the property of the United States. SEC. 138. REPORTS. (a) In General.--At least once during every 2-year period, the Secretary shall prepare a report concerning the status of children (including low-income children, children with disabilities, dual language learner children, homeless children, children in foster care, children participating in child care and early learning programs on Indian land, and children participating in migrant or seasonal child care and early learning programs) participating in child care and early learning programs, including the number of participating children and the services being provided to such children. (b) Contents.--Such report shall include-- (1) a statement for the then most recently concluded fiscal year specifying-- (A) the amount of funds received, by prime sponsors that are designated under section 113, to provide child care and early learning services in a period before such fiscal year; and (B) the amount of funds received, by prime sponsors that are newly designated under section 113, to provide such services in such fiscal year; (2) a description of the distribution of child care and early learning services relative to the distribution of children who are in need of child care and early learning programs, including geographic distribution within States, and information on the number of children receiving those services; (3) a statement identifying how funds made available under section 112(a)(1) were distributed and used at national, regional, and local levels; (4) a statement specifying the amount of funds provided as the non-Federal share of the costs of child care and early learning programs, and the source of such funding; (5) the cost per child of carrying out child care and early learning programs, and how such cost varies by region; (6) a description of the level and nature of participation of parents and family members in child care and early learning programs as volunteers and in other capacities; (7) information concerning child care and early learning center staff, including salaries, education, training, experience, and staff turnover; (8) information concerning children participating in child care and early learning programs, including information on family income, cultural background, racial and ethnic background, homelessness, whether such a child is in foster care or was referred by a child welfare agency, disability, and whether the child's family receives benefits under part A of title IV of the Social Security Act (42 U.S.C. 601 et seq.); (9) using data from the monitoring conducted under section 121-- (A) a description of the extent to which programs funded under this title comply with program standards and regulations in effect under this title; (B) a description of the types and condition of facilities in which such programs are located; and (C) the types of organizations that receive funds under this title through such programs; (10) a description of the types of services provided through the programs to children and their families, both on site and through referrals, including services related to health, mental health, dental care, vision care, parenting education, physical fitness, and literacy training; (11) information from a study of the delivery of child care and early learning programs to Indian children, to Native Hawaiian children, and to children of migrant or seasonal farmworker families; (12) information on the delivery of disability-related services in order to-- (A) determine whether child care and early learning programs are making timely referrals to the State or local agency responsible for providing services under section 619 or part C of the Individuals with Disabilities Education Act (20 U.S.C. 1419, 1431 et seq.); (B) identify barriers to timely evaluations and eligibility determinations by the State or local agency responsible for providing services under section 619 or part C of the Individuals with Disabilities Education Act; and (C) determine under what circumstances and for what length of time child care and early learning programs are providing disability-related services for children who have not been determined under the Individuals with Disabilities Education Act (20 U.S.C. 1400 et seq.) to be children with disabilities; and (13) information on how child care and early learning programs serve populations of low-income children, minority children, and dual language learner children, the extent to which disparities exist in early learning outcomes of participants in such programs, and how such programs address disparities in early learning outcomes. (c) Submission.--The Secretary shall submit each report prepared under subsection (a) to the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Education and the Workforce of the House of Representatives. SEC. 139. NONDISCRIMINATION PROVISIONS. The Secretary shall establish nondiscrimination requirements consistent with the requirements described in section 654 of the Head Start Act (42 U.S.C. 9849). The established requirements shall apply to the child care and early learning programs carried out under this title, and the prime sponsors carrying out such programs, as the case may be. SEC. 140. ADVANCE FUNDING. For the purpose of affording adequate notice of funding available under this title, appropriations for carrying out this title are authorized to be included in an appropriation Act for the fiscal year preceding the fiscal year for which the appropriations are available for obligation. SEC. 141. PARENTAL CONSENT REQUIREMENT FOR NONEMERGENCY INTRUSIVE PHYSICAL EXAMINATIONS. The Secretary shall establish a parental consent requirement consistent with the requirement described in section 657A of the Head Start Act (42 U.S.C. 9852a). The established requirement shall apply to the child care and early learning programs carried out under this title, and the prime sponsors carrying out such programs, as the case may be. Subtitle D--Special Programs SEC. 151. SUPPLEMENTAL FUNDING TO PRIME SPONSORS. (a) In General.--The Secretary is authorized to provide supplemental financial assistance for the activities described in subsection (b) or the purposes described in subsection (c), to prime sponsors, who-- (1) demonstrate barriers-- (A) to scaling the services and processes needed to fully implement the prime sponsors' child care and early learning programs; and (B) to meeting the national program standards; and (2) need financial assistance, as determined by the Secretary, for those activities or purposes, respectively. (b) Activities.--The Secretary may provide the supplemental financial assistance for activities consisting of-- (1) conducting a facilities review as described in section 132(b)(2) and accessing adequate facilities; (2) establishing coordination arrangements and processes with other entities, including local educational agencies and related entities, organizations delivering health and social services in the service area involved, and the State; (3) establishing training and professional development protocols and processes under sections 135 and 136; (4) meeting accreditation requirements; (5) providing supports to enable family child care home providers to participate as providers within the child care and early learning program carried out by the prime sponsor involved and to enable the prime sponsor to meet the national program standards; (6) securing materials and resources for professional learning opportunities; and (7) other activities related to the establishment, expansion, and scaling of services and processes needed to fully implement the prime sponsor's child care and early learning program and enable the prime sponsor to meet the national program standards. (c) Purposes.--The Secretary may provide the supplemental financial assistance to a prime sponsor that meets the requirements of subsection (a) and has difficulty in providing a non-Federal share because the prime sponsor serves an area with a high concentration of families with a family income of not more than, or slightly above, 200 percent of the poverty line, for the purposes of increasing the Federal share of the costs described in section 121(c)(2)(A). SEC. 152. SPECIAL GRANTS TO STATES. (a) Grants.--On approving an application submitted by any State, the Secretary is authorized to provide a grant to the State for carrying out activities described in subsection (b). (b) Use of Funds.--A State that receives a grant under subsection (a) may use the grant funds for-- (1) identifying child care and early learning services goals and needs within the State; (2) furnishing child care providers with start-up funding and technical assistance; (3) supporting compensation for the child care and early learning workforce comparable to compensation for the primary education workforce, which may include retention or bonus awards; (4) establishing or expanding the operation of community or neighborhood-based family child care networks by providing grants and contracts for training; (5) supporting the recruitment, training, and professional development of the child care and early learning workforce; (6) assisting in the establishment of Child Care and Early Learning Councils and strengthening the capability of such Councils to effectively advise on the child care and early learning programs; (7) encouraging the cooperation and participation of State agencies in providing child care and early learning services, including health, family planning, mental health, education, nutrition, family, social, and rehabilitative services if that cooperation and participation are requested by appropriate prime sponsors in the development and implementation of child care and early learning plans; (8) encouraging the full utilization of resources and facilities for child care and early learning programs within the State; (9) disseminating the results of research on child care and early learning programs; (10) conducting programs for the exchange of personnel involved in child care and early learning programs within the State; (11) assisting prime sponsors in the acquisition or improvement of facilities for child care and early learning programs; (12) assessing State and local licensing codes as the codes relate to child care and early learning programs within the State; (13) developing information useful in reviewing prime sponsorship plans described in section 113(a) and child care and early learning plans described in section 114(b); (14) facilitating collaboration among prime sponsors and delegate providers within the State; (15) supporting a unified, birth-through-school-entry, early childhood system, including carrying out activities related to establishing braided or blended funding arrangements to promote the integration of services to children and families; and (16) making grants and contracts to cover a portion of the fixed operating expenses of eligible providers of services through a child care and early learning program serving eligible children receiving assistance under this section, to support increased wages, program stability, and continuity of services for all children in such program. (c) Maintenance of Effort.--No State or community shall reduce its expenditures for child care and early learning programs (including home-based child care and early learning programs) because of financial assistance provided under this section. TITLE II--RELATED PROGRAMS SEC. 201. MAINTENANCE OF EFFORT. (a) Maintenance of Effort.--Section 658J of the Child Care and Development Block Grant Act of 1990 (42 U.S.C. 9858h) is amended by adding at the end the following: ``(d) Maintenance of Effort.-- ``(1) In general.--No State shall receive such a payment for a fiscal year if the State reduces its total State expenditures for child care services for the prior fiscal year below the average of such expenditures for the 3 fiscal years preceding that prior fiscal year. ``(2) Total state expenditures.--For purposes of this subsection, total State expenditures for child care services include State expenditures to carry out this subchapter and the Child Care for Every Community Act.''. (b) Relationship to the Child Care for Every Community Act.-- Section 658M of the Child Care and Development Block Grant Act of 1990 (42 U.S.C. 9858k) is amended by adding at the end the following: ``(c) Relationship to the Child Care for Every Community Act.--An eligible child who is eligible for child care and early learning services under the Child Care for Every Community Act shall only receive child care services under this subchapter that the child is ineligible for under that Act.''. &lt;all&gt; </pre></body></html>
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118S389
Justice Against Sponsors of Illicit Fentanyl Act of 2023
[ [ "T000250", "Sen. Thune, John [R-SD]", "sponsor" ], [ "D000618", "Sen. Daines, Steve [R-MT]", "cosponsor" ], [ "S001217", "Sen. Scott, Rick [R-FL]", "cosponsor" ] ]
<html><body><pre>[Congressional Bills 118th Congress] [From the U.S. Government Publishing Office] [S. 389 Introduced in Senate (IS)] &lt;DOC&gt; 118th CONGRESS 1st Session S. 389 To deter the trafficking of illicit fentanyl, provide justice for victims, and for other purposes. _______________________________________________________________________ IN THE SENATE OF THE UNITED STATES February 9, 2023 Mr. Thune introduced the following bill; which was read twice and referred to the Committee on the Judiciary _______________________________________________________________________ A BILL To deter the trafficking of illicit fentanyl, provide justice for victims, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Justice Against Sponsors of Illicit Fentanyl Act of 2023''. SEC. 2. FINDINGS AND PURPOSE. (a) Findings.--Congress finds the following: (1) International drug trafficking is a serious and deadly problem that threatens the vital interests of the United States and the safety and health of every community in the United States. (2) Transnational criminal organizations, cartels, and violent gangs are leading perpetrators of drug trafficking, often combining the manufacture and distribution of synthetic opioids with violence, human smuggling and trafficking, firearms trafficking, and public corruption, and pose a sustained threat to the homeland security of the United States. (3) Illicit fentanyl is primarily produced in clandestine laboratories and trafficked into the United States in powder and pill form, including fentanyl-laced counterfeit pills. (4) The People's Republic of China (hereinafter in this section referred to as ``China'') is the primary source country of fentanyl precursor chemicals used to manufacture the illicit fentanyl that is trafficked into the United States. (5) The Commission on Combating Synthetic Opioid Trafficking, established under section 7221 of the National Defense Authorization Act for Fiscal Year 2020 (Public Law 116- 92), reported in 2022 that China, which supplied 70 to 80 percent of fentanyl seized by Federal authorities between 2014 and 2019, has been surpassed by Mexico as the ``dominant source'' of illicit fentanyl in the United States. (6) Illicit fentanyl is primarily trafficked by land into the United States through legal ports of entry, as well as between such ports of entry, with some trafficking facilitated by domestic and foreign-based social media and encrypted communication applications. (7) In fiscal years 2021 and 2022, U.S. Customs and Border Protection seized over 24,000 pounds of fentanyl at ports of entry, a 200 percent increase from the amounts seized in fiscal years 2019 and 2020. (8) Deaths caused by the trafficking of illicit fentanyl have reached epidemic proportions, as-- (A) fentanyl was involved in nearly 200,000 deaths in the United States during the period between 2014 and 2020; (B) the number of drug overdose deaths in the United States surpassed 100,000 during the period between May 2020 and April 2021, of which over 64,000 deaths were related to fentanyl; and (C) fentanyl and other synthetic opioids caused approximately \2/3\ of more than 107,000 fatal overdoses in the United States during 2021. (9) Overdose deaths remain a leading cause of injury- related death in the United States, and fentanyl-related deaths are the leading cause of deaths among adults aged 18 to 45. (10) Failure to meaningfully combat illicit fentanyl trafficking will continue to stress the health care and law enforcement resources of the United States. (11) It is necessary to recognize the substantive causes of action for aiding and abetting and conspiracy liability under the Controlled Substances Act (21 U.S.C. 801 et seq.). (12) The decision of the United States Court of Appeals for the District of Columbia in Halberstam v. Welch, 705 F.2d 472 (D.C. Cir. 1983), which has been widely recognized as the leading case regarding Federal civil aiding and abetting and conspiracy liability, including by the Supreme Court of the United States, provides the proper legal framework for how such liability should function in the context of the Controlled Substances Act (21 U.S.C. 801 et seq.). (13) Persons, entities, or countries that knowingly or recklessly contribute material support or resources, directly or indirectly, to persons or organizations that pose a significant risk of committing acts of trafficking of illicit fentanyl that threaten the safety and health of nationals of the United States or the national security, foreign policy, or economy of the United States, necessarily direct such conduct at the United States, and should reasonably anticipate being brought to court in the United States to answer for that conduct. (14) The United States has a compelling interest in providing persons and entities injured as a result of the trafficking of illicit fentanyl into the United States with full access to the court system in order to pursue civil claims against persons, entities, or countries that have knowingly or recklessly provided material support or resources, directly or indirectly, to the persons or organizations responsible for their injuries. (b) Purpose.--The purpose of this Act is to provide civil litigants with the broadest possible basis, consistent with the Constitution of the United States, to seek relief against persons, entities, and foreign countries, wherever acting and wherever they may be found, that have provided material support, directly or indirectly, to foreign organizations or persons that engage in the trafficking of illicit fentanyl into the United States. SEC. 3. RESPONSIBILITY OF FOREIGN STATES FOR THE TRAFFICKING OF FENTANYL INTO THE UNITED STATES. (a) In General.--Chapter 97 of title 28, United States Code, is amended by inserting after section 1605B the following: ``Sec. 1605C. Responsibility of foreign states for the trafficking of fentanyl into the united states ``(a) Definition.--In this section, the term `fentanyl trafficking' means-- ``(1) means any illicit activity-- ``(A) to produce, manufacture, distribute, sell, or knowingly finance or transport-- ``(i) illicit fentanyl, including any controlled substance that is a synthetic opioid and any listed chemical (as defined in section 102 of the Controlled Substances Act (21 U.S.C. 802)) that is a synthetic opioid utilized for fentanyl production; or ``(ii) active pharmaceutical ingredients or chemicals that are used in the production of fentanyl; ``(B) to attempt to carry out an activity described in subparagraph (A); or ``(C) to assist, abet, conspire, or collude with any other person to carry out an activity described in subparagraph (A); ``(2) a violation of section 401(a)(1) of the Controlled Substances Act (21 U.S.C. 841(a)(1)) involving manufacturing, distributing, or dispensing, or possessing with intent to manufacture, distribute, or dispense, fentanyl or a fentanyl- related substance in or into the United States; ``(3) an attempt or conspiracy to commit a violation described in paragraph (2); ``(4) having manufactured, distributed, or dispensed, or possessed with intent to manufacture, distribute, or dispense, fentanyl or a fentanyl-related substance outside the United States with the intention of such fentanyl or fentanyl-related substance being distributed or dispensed in or into the United States in violation of section 401(a)(1) or 406 of the Controlled Substances Act (21 U.S.C. 841(a)(1), 846); or ``(5) having produced or manufactured, distributed, or dispensed, or possessed with intent to manufacture, distribute, or dispense, a substance that is a precursor to fentanyl or a fentanyl-related substance with the intention of such precursor, fentanyl, or fentanyl-related substance being distributed or dispensed in or into the United States in violation of section 401(a)(1) or 406 of the Controlled Substances Act (21 U.S.C. 841(a)(1), 846). ``(b) Responsibility of Foreign States.--A foreign state shall not be immune from the jurisdiction of the courts of the United States in any case in which money damages are sought against a foreign state for physical injury to person or property or death occurring in the United States and caused by-- ``(1) an act of fentanyl trafficking in or into the United States; and ``(2) a tortious act or acts of the foreign state, or of any official, employee, or agent of that foreign state while acting within the scope of his or her office, employment, or agency, regardless where the tortious act or acts of the foreign state occurred. ``(c) Claims by Nationals of the United States.-- ``(1) Definition.--In this subsection, the term `person' has the meaning given the term in section 1 of title 1. ``(2) Claims.--If a foreign state would not be immune under subsection (b) with respect to an act of fentanyl trafficking in or into the United States, a national of the United States may bring a claim against the foreign state in the same manner, and may obtain the same remedies, as a claim with respect to an act of international terrorism brought under section 2333. ``(3) Aiding and abetting liability.--In an action under paragraph (2) for an injury arising from an act of fentanyl trafficking in or into the United States, liability may be asserted as to any person who aids and abets, by knowingly providing substantial assistance, or who conspires with the person who committed such an act of fentanyl trafficking. ``(4) Effect on other foreign sovereign immunities.-- Nothing in paragraph (3) affects immunity of a foreign state from jurisdiction under other law. ``(d) Rule of Construction.--A foreign state shall not be subject to the jurisdiction of the courts of the United States under subsection (b) on the basis of an omission or a tortious act or acts that constitute mere negligence.''. (b) Technical and Conforming Amendments.-- (1) The table of sections for chapter 97 of title 28, United States Code, is amended by inserting after the item relating to section 1605B the following: ``1605C. Responsibility of foreign states for the trafficking of fentanyl into the United States.''. (2) Subsection 1605(g)(1)(A) of title 28, United States Code, is amended by striking ``or section 1605B'' and inserting ``, 1605B, or 1605C''. SEC. 4. STAY OF ACTIONS PENDING STATE NEGOTIATIONS. (a) Exclusive Jurisdiction.--The courts of the United States shall have exclusive jurisdiction in any action in which a foreign state is subject to the jurisdiction of a court of the United States under section 1605C of title 28, United States Code, as added by section 3(a) of this Act. (b) Intervention.--The Attorney General, in consultation with the Administrator of the Drug Enforcement Administration, may intervene in any action in which a foreign state is subject to the jurisdiction of a court of the United States under section 1605C of title 28, United States Code, as added by section 3(a) of this Act, for the purpose of seeking a stay of the civil action, in whole or in part. (c) Stay.-- (1) In general.--A court of the United States may stay a proceeding against a foreign state in an action brought under section 1605C of title 28, United States Code, as added by section 3(a) of this Act, if the Secretary of State certifies that the United States is engaged in good faith discussions with the foreign state defendant concerning the resolution of the claims against the foreign state, or any other parties as to whom a stay of claims is sought. (2) Duration.-- (A) In general.--A stay under this section may be granted for not more than 180 days. (B) Extension.-- (i) In general.--The Attorney General may petition the court for an extension of the stay for additional 180-day periods. (ii) Recertification.--A court shall grant an extension under clause (i) if the Secretary of State recertifies that the United States remains engaged in good faith discussions with the foreign state defendant concerning the resolution of the claims against the foreign state, or any other parties as to whom a stay of claims is sought. SEC. 5. SEVERABILITY. If any provision of this Act or any amendment made by this Act, or the application of a provision or amendment to any person or circumstance, is held to be invalid, the remainder of this Act and the amendments made by this Act, and the application of the provisions and amendments to any other person not similarly situated or to other circumstances, shall not be affected by the holding. SEC. 6. EFFECTIVE DATE. The amendments made by this Act shall apply to any civil action-- (1) pending on, or commenced on or after, the date of enactment of this Act; and (2) arising out of an injury to a person, property, or business on or after January 1, 2013. &lt;all&gt; </pre></body></html>
[ "Law" ]
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118S39
Let's Get to Work Act of 2023
[ [ "S001217", "Sen. Scott, Rick [R-FL]", "sponsor" ], [ "L000577", "Sen. Lee, Mike [R-UT]", "cosponsor" ] ]
<p><b>Let's Get to Work Act of 2023</b></p> <p>This bill modifies and expands work requirements under the Supplemental Nutrition Assistance Program (SNAP) and certain housing programs of the Department of Housing and Urban Development (HUD).</p> <p>Specifically, the bill repeals the temporary suspension of work requirements due to COVID-19 that allowed participants who would have lost eligibility due to such requirements to continue to receive SNAP benefits. It also expands work requirements under SNAP to apply to all able-bodied adults receiving benefits who are under the age of 60 (currently 50) as well as to individuals who have children over the age of 6. The bill exempts from work requirements an individual who is responsible for a dependent and married to, and resides with, an individual who is in compliance with the work requirements. The bill terminates a state's authority to provide exemptions to individuals who do not meet work requirements.</p> <p>Additionally, the bill establishes work requirements for families residing in public housing by applying SNAP work requirements to the HUD public housing and tenant-based rental assistance (voucher) programs.</p>
<html><body><pre>[Congressional Bills 118th Congress] [From the U.S. Government Publishing Office] [S. 39 Introduced in Senate (IS)] &lt;DOC&gt; 118th CONGRESS 1st Session S. 39 To amend the Food and Nutrition Act of 2008 to modify work requirements under the supplemental nutrition assistance program, and for other purposes. _______________________________________________________________________ IN THE SENATE OF THE UNITED STATES January 24 (legislative day, January 3), 2023 Mr. Scott of Florida introduced the following bill; which was read twice and referred to the Committee on Agriculture, Nutrition, and Forestry _______________________________________________________________________ A BILL To amend the Food and Nutrition Act of 2008 to modify work requirements 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 ``Let's Get to Work Act of 2023''. SEC. 2. SNAP WORK REQUIREMENTS. (a) Repeal of Waiver.--Section 2301 of the Families First Coronavirus Response Act (7 U.S.C. 2011 note; Public Law 116-127) is repealed. (b) Work Requirements.-- (1) In general.--Section 6(o) of the Food and Nutrition Act of 2008 (7 U.S.C. 2015(o)) is amended-- (A) in paragraph (2), in the matter preceding subparagraph (A), by inserting ``, or, in the case of a parent or other member of a household with responsibility for a dependent child, 6 months (consecutive or otherwise),'' before ``during which''; (B) in paragraph (3)-- (i) in subparagraph (A), by striking ``50'' and inserting ``60''; (ii) in subparagraph (C), by adding ``under 6 years of age'' before the semicolon at the end; (iii) in subparagraph (D), by striking ``or'' at the end after the semicolon; (iv) in subparagraph (E), by striking the period at the end and inserting ``; or''; and (v) by adding at the end the following: ``(F)(i) responsible for a dependent individual; and ``(ii) married to, and resides with, an individual who is in compliance with the requirements of paragraph (2).''; and (C) in paragraph (6)-- (i) in subparagraph (B), by striking ``(H)'' and inserting ``(G)''; (ii) in subparagraph (C), by striking ``(F) and (H)'' and inserting ``(E) and (G)''; (iii) in subparagraph (D), by striking ``(F) through (H)'' and inserting ``(E) through (G)''; (iv) by striking subparagraph (E); (v) by redesignating subparagraphs (F) through (H) as subparagraphs (E) through (G), respectively; and (vi) in subparagraph (E) (as so redesignated), by striking ``(C), (D), or (E)'' and inserting ``(C) or (D)''. (2) Conforming amendment.--Section 16(h)(1)(E)(ii)(I) of the Food and Nutrition Act of 2008 (7 U.S.C. 2025(h)(1)(E)(ii)(I)) is amended by striking ``3-month period'' and inserting ``3-month or 6-month period, as applicable,''. SEC. 3. WORK REQUIREMENTS FOR PUBLIC HOUSING AND TENANT-BASED RENTAL ASSISTANCE. (a) Public Housing.--Section 3 of the United States Housing Act of 1937 (42 U.S.C. 1437a) is amended by adding at the end the following: ``(e) Work Requirements for Families.--The requirements described in section 6(o) of the Food and Nutrition Act of 2008 (7 U.S.C. 2015(o)) shall apply with respect to any individual who-- ``(1) is a member of a family residing in a public housing dwelling; and ``(2) is not exempted from those requirements under paragraph (3) of such section.''. (b) Tenant-Based Rental Assistance.--Section 8(o) of the United States Housing Act of 1937 (42 U.S.C. 1437f(o)) is amended by adding at the end the following: ``(22) Work requirements for families.--The requirements described in section 6(o) of the Food and Nutrition Act of 2008 (7 U.S.C. 2015(o)) shall apply with respect to any individual who-- ``(A) is a member of a family receiving tenant- based assistance; and ``(B) is not exempted from those requirements under paragraph (3) of such section.''. &lt;all&gt; </pre></body></html>
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118S390
Gateway Community and Recreation Enhancement Act
[ [ "D000618", "Sen. Daines, Steve [R-MT]", "sponsor" ], [ "K000383", "Sen. King, Angus S., Jr. [I-ME]", "cosponsor" ] ]
<p><strong>Gateway Community and Recreation Enhancement Act</strong></p> <p>This bill directs the Department of the Interior and the Forest Service to carry out activities to enhance recreational opportunities for gateway communities and provides for the establishment of a digital National Parks and Federal Recreational Lands Pass. </p> <p><em>Gateway community </em>means a community that serves as an entry point or is adjacent to a recreation destination at which there is consistently high seasonal or year-round visitation.</p> <p>Specifically, Interior and the Forest Service must collaborate with state and local governments, Indian tribes, and other relevant stakeholders to identify needs and economic impacts in gateway communities, including</p> <ul> <li>housing shortages,</li> <li>demands on existing municipal infrastructure, </li> <li>accommodation and management of sustainable visitation, and</li> <li>the expansion and diversification of visitor experiences by bolstering the visitation at certain nearby underutilized locations or lesser-known recreation sites.</li> </ul> <p>The Rural Business-Cooperative Service shall provide to businesses in gateway communities assistance to establish, operate, or expand infrastructure to accommodate and manage sustainable visitation.</p> <p>Interior and the Forest Service must (1) establish a single visitation data reporting system to report accurate annual visitation data, and (2) carry out a Real-time Data Pilot Program.</p> <p>The bill provides for the establishment, by January 1, 2024, of a digital version of the National Parks and Federal Recreational Lands Pass that is able to be stored on a mobile device.</p>
<html><body><pre>[Congressional Bills 118th Congress] [From the U.S. Government Publishing Office] [S. 390 Introduced in Senate (IS)] &lt;DOC&gt; 118th CONGRESS 1st Session S. 390 To require the Secretary of Agriculture and the Secretary of the Interior to carry out certain activities to enhance recreational opportunities for gateway communities, to amend the Federal Lands Recreation Enhancement Act to provide for the establishment of a digital National Parks and Federal Recreational Lands Pass, and for other purposes. _______________________________________________________________________ IN THE SENATE OF THE UNITED STATES February 13, 2023 Mr. Daines (for himself and Mr. King) 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 Agriculture and the Secretary of the Interior to carry out certain activities to enhance recreational opportunities for gateway communities, to amend the Federal Lands Recreation Enhancement Act to provide for the establishment of a digital National Parks and Federal Recreational Lands Pass, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Gateway Community and Recreation Enhancement Act''. SEC. 2. DEFINITIONS. In this Act: (1) Federal recreational lands and waters.--The term ``Federal recreational lands and waters'' has the meaning given the term in section 802 of the Federal Lands Recreation Enhancement Act (16 U.S.C. 6801). (2) Gateway community.--The term ``gateway community'' means a community that serves as an entry point or is adjacent to a recreation destination on Federal recreational lands and waters or non-Federal land at which there is consistently high, in the determination of the Secretaries, seasonal or year-round visitation. (3) Indian tribe.--The term ``Indian Tribe'' has the meaning given the term in section 4 of the Indian Self- Determination and Education Assistance Act (25 U.S.C. 5304). (4) Secretaries.--The term ``Secretaries'' means-- (A) the Secretary; and (B) the Secretary of Agriculture, acting through the Chief of the Forest Service. (5) Secretary.--The term ``Secretary'' means the Secretary of the Interior. SEC. 3. GATEWAY COMMUNITIES. (a) Assessment of Impacts and Needs in Gateway Communities.--Using existing funds available to the Secretaries, the Secretaries-- (1) shall collaborate with State and local governments, Indian Tribes, housing authorities, applicable trade associations, nonprofit organizations, and other relevant stakeholders to identify needs and economic impacts in gateway communities, including-- (A) housing shortages; (B) demands on existing municipal infrastructure; (C) accommodation and management of sustainable visitation; and (D) the expansion and diversification of visitor experiences by bolstering the visitation at-- (i) underutilized locations on nearby Federal recreational lands and waters that are suitable for developing, expanding, or enhancing recreation use, as identified by the Secretaries; or (ii) lesser-known recreation sites, as identified under section 4(b)(1)(B), on nearby land managed by a State agency or a local agency; and (2) may address a need identified under paragraph (1) by-- (A) providing financial or technical assistance to a gateway community under an existing program; (B) entering into a lease, right-of-way, or easement, in accordance with applicable laws; or (C) issuing an entity referred to in paragraph (1) a special use permit (other than a special recreation permit), in accordance with applicable laws. (b) Technical and Financial Assistance to Businesses.-- (1) In general.--The Secretary of Agriculture (acting through the Administrator of the Rural Business-Cooperative Service), in coordination with the Secretary and the Secretary of Commerce, shall provide to businesses in gateway communities the assistance described in paragraph (2) to establish, operate, or expand infrastructure to accommodate and manage sustainable visitation, including hotels, campgrounds, and restaurants. (2) Assistance.--The Secretary of Agriculture may provide assistance under paragraph (1) through the use of existing, or the establishment of new, entrepreneur and vocational training programs, technical assistance programs, low-interest business loan programs, and loan guarantee programs. (c) Partnerships.--In carrying out this section, the Secretaries may, in accordance with applicable laws, enter into a public-private partnership, cooperative agreement, memorandum of understanding, or similar agreement with a gateway community or a business in a gateway community. SEC. 4. IMPROVED RECREATION VISITATION DATA. (a) Consistent Visitation Data.-- (1) Annual visitation data.--The Secretaries shall establish a single visitation data reporting system to report accurate annual visitation data, in a consistent manner, for-- (A) each unit of Federal recreational lands and waters; and (B) land held in trust for an Indian Tribe, on request of the Indian Tribe. (2) Categories of use.--Within the visitation data reporting system established under paragraph (1), the Secretaries shall-- (A) establish multiple categories of different recreation activities that are reported consistently across agencies; and (B) provide an estimate of the number of visitors for each applicable category established under subparagraph (A) for each unit of Federal recreational lands and waters. (b) Real-Time Data Pilot Program.-- (1) In general.--Not later than 2 years after the date of enactment of this Act, using existing funds available to the Secretaries, the Secretaries shall carry out a pilot program, to be known as the ``Real-time Data Pilot Program'' (referred to in this section as the ``Pilot Program''), to make available to the public, for each unit of Federal recreational lands and waters selected for participation in the Pilot Program under paragraph (2)-- (A) real-time or predictive data on visitation (including data and resources publicly available from existing nongovernmental platform) at-- (i) the unit of Federal recreational lands and waters; (ii) to the extent practicable, areas within the unit of Federal recreational lands and waters; and (iii) to the extent practicable, recreation sites managed by any other Federal agency, a State agency, or a local agency that are located near the unit of Federal recreational lands and waters; and (B) through multiple media platforms, information about lesser-known recreation sites located near the unit of Federal recreational lands and waters (including recreation sites managed by any other Federal agency, a State agency, or a local agency), in an effort to encourage visitation among recreational sites. (2) Locations.-- (A) Initial number of units.--On establishment of the Pilot Program, the Secretaries shall select for participation in the Pilot Program-- (i) 15 units of Federal recreational lands and waters managed by the Secretary; and (ii) 5 units of Federal recreational lands and waters managed by the Secretary of Agriculture (acting through the Chief of the Forest Service). (B) Expansion.--Not later than 5 years after the date of enactment of this Act, the Secretaries shall expand the Pilot Program by selecting 80 additional units of Federal recreational lands and waters managed by the Secretaries for participation in the Pilot Program, not fewer than 50 of which shall be units managed by the Secretary. (C) Feedback; support of gateway communities.--The Secretaries shall-- (i) solicit feedback regarding participation in the Pilot Program from communities adjacent to units of Federal recreational lands and waters and the public; and (ii) in carrying out subparagraphs (A) and (B), select a unit of Federal recreation lands and waters to participate in the Pilot Program only if the community adjacent to the unit of Federal recreational lands and waters is supportive of the participation of the unit of Federal recreational lands and waters in the Pilot Program. (3) Dissemination of information.--The Secretaries may disseminate the information described in paragraph (1) directly or through an entity or organization referred to in subsection (c). (c) Community Partners and Third-Party Providers.--For purposes of carrying out this section, the Secretary concerned may-- (1) coordinate and partner with-- (A) communities adjacent to units of Federal recreational lands and waters; (B) State and local outdoor recreation and tourism offices; (C) local governments; (D) Indian Tribes; (E) trade associations; (F) local outdoor recreation marketing organizations; (G) permitted facilitated recreation providers; or (H) other relevant stakeholders; and (2) coordinate or enter into agreements, as appropriate, with private sector and nonprofit partners, including-- (A) technology companies; (B) geospatial data companies; (C) experts in data science, analytics, and operations research; or (D) data companies. (d) Existing Programs.--The Secretaries may use existing programs or products of the Secretaries to carry out this section. (e) Privacy Clauses.--Nothing in this section provides authority to the Secretaries-- (1) to monitor or record the movements of a visitor to a unit of Federal recreational lands and waters; (2) to restrict, interfere with, or monitor a private communication of a visitor to a unit of Federal recreational lands and waters; or (3) to collect-- (A) information from owners of land adjacent to a unit of Federal recreational lands and waters; or (B) information on non-Federal land. (f) Reports.--Not later than January 1, 2024, and annually thereafter, the Secretaries shall publish on a website of the Secretaries a report that describes the annual visitation of each unit of Federal recreational lands and waters, including, to the maximum extent practicable, visitation categorized by recreational activity. SEC. 5. ESTABLISHMENT OF A DIGITAL VERSION OF AMERICA THE BEAUTIFUL-- THE NATIONAL PARKS AND FEDERAL RECREATIONAL LANDS PASSES. Section 805(a) of the Federal Lands Recreation Enhancement Act (16 U.S.C. 6804(a)) is amended by adding at the end the following: ``(10) Digital recreation passes.--By not later than January 1, 2024, the Secretaries shall-- ``(A) establish a digital version of the National Parks and Federal Recreational Lands Pass that is able to be stored on a mobile device; and ``(B) on the completion of a sale of a National Parks and Federal Recreational Lands Pass carried out under paragraph (6)(A), make available to the passholder the digital version of the National Parks and Federal Recreational Lands Pass established under subparagraph (A).''. &lt;all&gt; </pre></body></html>
[ "Public Lands and Natural Resources", "Community life and organization", "Government studies and investigations", "Intergovernmental relations", "Outdoor recreation", "Parks, recreation areas, trails", "Public-private cooperation", "State and local government operations" ]
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118S391
Protect Farmers from the SEC Act
[ [ "B001236", "Sen. Boozman, John [R-AR]", "sponsor" ], [ "B001310", "Sen. Braun, Mike [R-IN]", "cosponsor" ], [ "C000880", "Sen. Crapo, Mike [R-ID]", "cosponsor" ], [ "F000463", "Sen. Fischer, Deb [R-NE]", "cosponsor" ], [ "G000386", "Sen. Grassley, Chuck [R-IA]", "cosponsor" ], [ "V000137", "Sen. Vance, J. D. [R-OH]", "cosponsor" ], [ "L000571", "Sen. Lummis, Cynthia M. [R-WY]", "cosponsor" ], [ "C001096", "Sen. Cramer, Kevin [R-ND]", "cosponsor" ], [ "K000393", "Sen. Kennedy, John [R-LA]", "cosponsor" ], [ "H001079", "Sen. Hyde-Smith, Cindy [R-MS]", "cosponsor" ], [ "D000618", "Sen. Daines, Steve [R-MT]", "cosponsor" ], [ "T000278", "Sen. Tuberville, Tommy [R-AL]", "cosponsor" ] ]
<p><b>Protect Farmers from the SEC Act </b></p> <p>This bill prohibits the Securities and Exchange Commission from requiring the disclosure of greenhouse gas emissions related to agricultural products. </p>
<html><body><pre>[Congressional Bills 118th Congress] [From the U.S. Government Publishing Office] [S. 391 Introduced in Senate (IS)] &lt;DOC&gt; 118th CONGRESS 1st Session S. 391 To amend the Securities Exchange Act of 1934 to prohibit the Securities and Exchange Commission from requiring an issuer to disclose information relating to certain greenhouse gas emissions, and for other purposes. _______________________________________________________________________ IN THE SENATE OF THE UNITED STATES February 13, 2023 Mr. Boozman (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 amend the Securities Exchange Act of 1934 to prohibit the Securities and Exchange Commission from requiring an issuer to disclose information relating to certain greenhouse gas emissions, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Protect Farmers from the SEC Act''. SEC. 2. PROHIBITION ON REQUIRING AN ISSUER TO DISCLOSE INFORMATION RELATING TO CERTAIN GREENHOUSE GAS EMISSIONS. Section 23 of the Securities Exchange Act of 1934 (15 U.S.C. 78w) is amended by adding at the end the following: ``(e) Prohibition on Requiring an Issuer To Disclose Information Relating to Certain Greenhouse Gas Emissions.-- ``(1) Definitions.--In this subsection: ``(A) Agricultural product.--The term `agricultural product' has the meaning given the term in section 207 of the Agricultural Marketing Act of 1946 (7 U.S.C. 1626). ``(B) Downstream activities.--The term `downstream activities' includes activities that relate to processing materials into a finished product and delivering that product or providing a service to the end user. ``(C) Greenhouse gas.--The term `greenhouse gas' means-- ``(i) carbon dioxide; ``(ii) methane; ``(iii) nitrous oxide; ``(iv) nitrogen trifluoride; ``(v) hydrofluorocarbons; ``(vi) perfluorocarbons; or ``(vii) sulfur hexafluoride. ``(D) Upstream activities.--The term `upstream activities' includes activities that relate to the initial stages of producing a good or service. ``(2) Prohibition.--The Commission may not require an issuer to disclose greenhouse gas emissions from upstream activities or downstream activities in the value chain of the issuer from the production, manufacturing, or harvesting of an agricultural product. ``(3) Nonapplicability of exemptive authority.--Section 36 shall not apply to this subsection.''. &lt;all&gt; </pre></body></html>
[ "Finance and Financial Sector" ]
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118S392
No Tax Subsidies for Stadiums Act of 2023
[ [ "L000575", "Sen. Lankford, James [R-OK]", "sponsor" ], [ "B001288", "Sen. Booker, Cory A. [D-NJ]", "cosponsor" ] ]
<p><strong>No Tax Subsidies for Stadiums Act of 2023</strong></p> <p>This bill denies an exclusion from tax of the interest on professional stadium bonds (i.e., bonds used to finance or refinance capital expenditures for a stadium or arena used for professional sports exhibitions, games, or training).</p>
<html><body><pre>[Congressional Bills 118th Congress] [From the U.S. Government Publishing Office] [S. 392 Introduced in Senate (IS)] &lt;DOC&gt; 118th CONGRESS 1st Session S. 392 To amend the Internal Revenue Code of 1986 to ensure that bonds used to finance professional stadiums are not treated as tax-exempt bonds. _______________________________________________________________________ IN THE SENATE OF THE UNITED STATES February 13, 2023 Mr. Lankford (for himself and Mr. Booker) 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 ensure that bonds used to finance professional stadiums are not treated as tax-exempt 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 ``No Tax Subsidies for Stadiums Act of 2023''. SEC. 2. NO TAX-EXEMPT BONDS FOR PROFESSIONAL STADIUMS. (a) In General.--Section 103(b) of the Internal Revenue Code of 1986 is amended by adding at the end the following new paragraph: ``(4) Professional stadium bond.--Any professional stadium bond.''. (b) Professional Stadium Bond Defined.--Section 103(c) of such Code is amended by adding at the end the following new paragraph: ``(3) Professional stadium bond.--The term `professional stadium bond' means any bond issued as part of an issue any proceeds of which are used to finance or refinance capital expenditures allocable to a facility (or appurtenant real property) which, during at least 5 days during any calendar year, is used as a stadium or arena for professional sports exhibitions, games, or training.''. (c) Effective Date.--The amendments made by this section shall apply to bonds issued after the date of the enactment of this Act. &lt;all&gt; </pre></body></html>
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118S393
Social Security Expansion Act
[ [ "S000033", "Sen. Sanders, Bernard [I-VT]", "sponsor" ], [ "W000817", "Sen. Warren, Elizabeth [D-MA]", "cosponsor" ], [ "W000802", "Sen. Whitehouse, Sheldon [D-RI]", "cosponsor" ], [ "M001176", "Sen. Merkley, Jeff [D-OR]", "cosponsor" ], [ "V000128", "Sen. Van Hollen, Chris [D-MD]", "cosponsor" ], [ "P000145", "Sen. Padilla, Alex [D-CA]", "cosponsor" ], [ "G000555", "Sen. Gillibrand, Kirsten E. [D-NY]", "cosponsor" ], [ "B001288", "Sen. Booker, Cory A. [D-NJ]", "cosponsor" ], [ "S001203", "Sen. Smith, Tina [D-MN]", "cosponsor" ], [ "M000133", "Sen. Markey, Edward J. [D-MA]", "cosponsor" ] ]
<html><body><pre>[Congressional Bills 118th Congress] [From the U.S. Government Publishing Office] [S. 393 Introduced in Senate (IS)] &lt;DOC&gt; 118th CONGRESS 1st Session S. 393 To enhance Social Security benefits and ensure the long-term solvency of the Social Security program. _______________________________________________________________________ IN THE SENATE OF THE UNITED STATES February 13, 2023 Mr. Sanders (for himself, Ms. Warren, Mr. Whitehouse, Mr. Merkley, Mr. Van Hollen, Mr. Padilla, Mrs. Gillibrand, Mr. Booker, Ms. Smith, and Mr. Markey) introduced the following bill; which was read twice and referred to the Committee on Finance _______________________________________________________________________ A BILL To enhance Social Security benefits and ensure the long-term solvency of the Social Security program. 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 ``Social Security Expansion Act''. (b) Table of Contents.--The table of contents of this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Across-the-board benefit increase. Sec. 3. Computation of cost-of-living increases. Sec. 4. Increase in minimum benefit for lifetime low earners based on years in the workforce. Sec. 5. Extended benefit eligibility for children who are full-time students. Sec. 6. Payroll tax on remuneration up to contribution and benefit base and more than $250,000. Sec. 7. Tax on net earnings from self-employment up to contribution and benefit base and more than $250,000. Sec. 8. Tax on investment gain. Sec. 9. Social Security Trust Fund established. SEC. 2. ACROSS-THE-BOARD BENEFIT INCREASE. (a) Increase of First Bend Point Percentage.--Section 215(a)(1)(A)(i) of the Social Security Act (42 U.S.C. 415(a)(1)(A)(i)) is amended by striking ``90 percent'' and inserting ``95 percent''. (b) Adjustment To Bend Point Amount.-- (1) In general.--Section 215(a)(1)(B) of the Social Security Act (42 U.S.C. 415(a)(1)(B)) is amended-- (A) by redesignating clause (iii) as clause (iv); and (B) by inserting after clause (ii) the following new clause: ``(iii) For an individual who is eligible for an old-age or disability insurance benefit (or who dies before becoming eligible for such a benefit) in any calendar year after 2023, the amount determined for the individual under clause (ii) of this subparagraph for purposes of subparagraph (A)(i)(I) shall be increased by 22 percent.''. (2) Conforming amendment.--Clause (iv) of section 215(a)(1)(B) of the Social Security Act (42 U.S.C. 415(a)(1)(B)), as redesignated by paragraph (1), is amended by inserting ``(after the application of clause (iii), when applicable)'' after ``clause (ii)''. (c) Effective Date.-- (1) In general.--The amendments made by this section shall take effect on January 1, 2024, and shall apply with respect to monthly insurance benefits payable under title II of the Social Security Act (42 U.S.C. 401 et seq.) for months in calendar years beginning on or after such date. (2) Recomputation of primary insurance amounts.-- (A) In general.--Notwithstanding section 215(f) of the Social Security Act (42 U.S.C. 415(f)), the Commissioner of Social Security shall recompute primary insurance amounts to the extent necessary to carry out the amendments to this section. (B) Rule of application.--In recomputing the primary insurance amount of an individual who initially became eligible for old-age or disability insurance benefits before January 1, 2024, the Commissioner of Social Security shall apply the increase described in clause (iii) of section 215(a)(1)(B) of the Social Security Act (as added by subsection (b)(1)(B)) to the amount determined under clause (ii) of such section 215(a)(1)(B) for the calendar year in which the individual initially became eligible for such benefits. SEC. 3. COMPUTATION OF COST-OF-LIVING INCREASES. (a) In General.--Section 215(i)(1) of the Social Security Act (42 U.S.C. 415(i)(1)) is amended by adding at the end the following new subparagraph: ``(H) the term `Consumer Price Index' means the Consumer Price Index for Elderly Consumers (CPI-E, as published by the Bureau of Labor Statistics of the Department of Labor).''. (b) Application to Pre-1979 Law.-- (1) In general.--Section 215(i)(1) of the Social Security Act as in effect in December 1978, and as applied in certain cases under the provisions of such Act as in effect after December 1978, is amended by adding at the end the following new subparagraph: ``(D) the term `Consumer Price Index' means the Consumer Price Index for Elderly Consumers (CPI-E, as published by the Bureau of Labor Statistics of the Department of Labor).''. (2) Conforming change.--Section 215(i)(4) of the Social Security Act (42 U.S.C. 415(i)(4)) is amended-- (A) by striking ``and by section 9001'' and inserting ``, section 9001''; and (B) by inserting ``and section 3 of the Social Security Expansion Act,'' after ``1986,''. (c) No Effect on Adjustments Under Other Laws.--Section 215(i) of the Social Security Act (42 U.S.C. 415(i)) is amended by adding at the end the following: ``(6) Any provision of law (other than in this title, title VIII, or title XVI) which provides for adjustment of an amount based on a change in benefit amounts resulting from a determination made under this subsection shall be applied and administered without regard to the amendments made by section 3 of the Social Security Expansion Act, and, for purposes of making such an adjustment under such a provision, this subsection as in effect on the day before the date of enactment of such Act shall continue to apply.''. (d) Publication of Consumer Price Index for Elderly Consumers.--The Bureau of Labor Statistics of the Department of Labor shall prepare and publish the index authorized by section 191 of the Older Americans Amendments Act of 1987 (29 U.S.C. 2 note) for each calendar month, beginning with July of the calendar year following the calendar year in which this Act is enacted, and such index shall be known as the ``Consumer Price Index for Elderly Consumers''. (e) Effective Date.--The amendments made by subsection (a) shall apply to determinations made with respect to cost-of-living computation quarters (as defined in section 215(i)(1)(B) of the Social Security Act (42 U.S.C. 415(i)(1)(B))) ending on or after September 30 of the second calendar year following the calendar year in which this Act is enacted. SEC. 4. INCREASE IN MINIMUM BENEFIT FOR LIFETIME LOW EARNERS BASED ON YEARS IN THE WORKFORCE. (a) In General.--Section 215(a)(1) of the Social Security Act (42 U.S.C. 415(a)(1)) is amended-- (1) by redesignating subparagraph (D) as subparagraph (E); and (2) by inserting after subparagraph (C) the following new subparagraph: ``(D)(i) Effective with respect to the benefits of individuals who become eligible for old-age insurance benefits or disability insurance benefits (or die before becoming so eligible) after 2023, no primary insurance amount computed under subparagraph (A) may be less than the greater of-- ``(I) the minimum monthly amount computed under subparagraph (C); or ``(II) in the case of an individual who has more than 10 years of work (as defined in clause (iv)(I)), the alternative minimum amount determined under clause (ii). ``(ii)(I) The alternative minimum amount determined under this clause is the applicable percentage of \1/12\ of the annual dollar amount determined under clause (iii) for the year in which the amount is determined. ``(II) For purposes of subclause (I), the applicable percentage is the percentage specified in connection with the number of years of work, as set forth in the following table: ``If the number of years The applicable of work is: percentage is: 11........................................... 6.25 percent 12........................................... 12.50 percent 13........................................... 18.75 percent 14........................................... 25.00 percent 15........................................... 31.25 percent 16........................................... 37.50 percent 17........................................... 43.75 percent 18........................................... 50.00 percent 19........................................... 56.25 percent 20........................................... 62.50 percent 21........................................... 68.75 percent 22........................................... 75.00 percent 23........................................... 81.25 percent 24........................................... 87.50 percent 25........................................... 93.75 percent 26........................................... 100.00 percent 27........................................... 106.25 percent 28........................................... 112.50 percent 29........................................... 118.75 percent 30 or more................................... 125.00 percent. ``(iii) The annual dollar amount determined under this clause is-- ``(I) for calendar year 2024, the poverty guideline for 2023; and ``(II) for any calendar year after 2024, the annual dollar amount for 2023 multiplied by the ratio of-- ``(aa) the national average wage index (as defined in section 209(k)(1)) for the second calendar year preceding the calendar year for which the determination is made, to ``(bb) the national average wage index (as so defined) for 2022. ``(iv) For purposes of this subparagraph-- ``(I) the term `year of work' means, with respect to an individual, a year to which 4 quarters of coverage have been credited based on such individual's wages and self-employment income; and ``(II) the term `poverty guideline for 2023' means the annual poverty guideline for 2023 (as updated annually in the Federal Register by the Department of Health and Human Services under the authority of section 673(2) of the Omnibus Budget Reconciliation Act of 1981) as applicable to a single individual.''. (b) Recomputation.--Notwithstanding section 215(f)(1) of the Social Security Act, the Commissioner of Social Security shall recompute primary insurance amounts originally computed for months prior to November 2018 to the extent necessary to carry out the amendments made by this section. (c) Conforming Amendment.--Section 209(k)(1) of such Act (42 U.S.C. 409(k)(1)) is amended by inserting ``215(a)(1)(E),'' after ``215(a)(1)(D),''. SEC. 5. EXTENDED BENEFIT ELIGIBILITY FOR CHILDREN WHO ARE FULL-TIME STUDENTS. (a) In General.-- (1) In general.--Section 202(d) of the Social Security Act (42 U.S.C. 402(d)) is amended-- (A) in paragraph (1)-- (i) in subparagraph (B)-- (I) by striking ``or (ii)'' and inserting ``(ii)''; and (II) by inserting ``or (iii) was the child of an individual entitled to disability insurance benefits or of an individual who dies a fully or currently insured individual and was a full-time student at an educational institution and had not attained the age of 22,'' after ``22,''; (ii) in subparagraph (E)-- (I) by striking ``and (ii)'' and inserting ``(ii)''; and (II) by inserting ``and (iii) is not a full-time student at an educational institution during any part of such month (in the case of a child who is the child of an individual entitled to disability insurance benefits or of an individual who dies a fully or currently insured individual)'' before the comma at the end; (iii) in subparagraph (F), by striking clauses (i) and (ii) and inserting the following: ``(i) in the case of a child who is the child of an individual entitled to old-age insurance benefits-- ``(I) the first month during no part of which the child is a full-time elementary or secondary school student, or ``(II) the month in which the child attains the age of 19, and ``(ii) in the case of a child who is the child of an individual entitled to disability insurance benefits or of an individual who dies a fully or currently insured individual-- ``(I) the first month during no part of which the child is a full-time student at an educational institution, or ``(II) the month in which the child attains the age of 22,''; and (iv) in subparagraph (G), by striking clauses (ii) and (iii) and inserting the following: ``(ii) in the case of a child who is the child of an individual entitled to old-age insurance benefits-- ``(I) the first month during no part of which the child is a full-time elementary or secondary school student, or ``(II) the month in which the child attains the age of 19, and ``(iii) in the case of a child who is the child of an individual entitled to disability insurance benefits or of an individual who dies a fully or currently insured individual-- ``(I) the first month during no part of which the child is a full-time student at an educational institution, or ``(II) the month in which the child attains the age of 22,''; (B) in paragraph (6)-- (i) in subparagraph (A)-- (I) by striking ``or (ii)'' and inserting ``(ii)''; and (II) by inserting ``or (iii) is the child of an individual entitled to disability insurance benefits or of an individual who dies a fully or currently insured individual and is a full-time student at an educational institution and has not attained the age of 22,'' after ``22,''; and (ii) by striking subparagraphs (D) and (E) and inserting the following: ``(D) the earlier of-- ``(i) in the case of a child who is the child of an individual entitled to old-age insurance benefits-- ``(I) the first month during no part of which the child is a full-time elementary or secondary school student; or ``(II) the month in which the child attains the age of 19; and ``(ii) in the case of a child who is the child of an individual entitled to disability insurance benefits or of an individual who dies a fully or currently insured individual-- ``(I) the first month during no part of which the child is a full-time student at an educational institution; or ``(II) the month in which the child attains the age of 22, but only if the child is not under a disability (as so defined) in such earlier month; or ``(E) if the child was under a disability (as so defined), the termination month (as defined in paragraph (1)(G)(i)), subject to section 223(e), or (if later) the earlier of-- ``(i) in the case of a child who is the child of an individual entitled to old-age insurance benefits-- ``(I) the first month during no part of which the child is a full-time elementary or secondary school student; or ``(II) the month in which the child attains the age of 19; and ``(ii) in the case of a child who is the child of an individual entitled to disability insurance benefits or of an individual who dies a fully or currently insured individual-- ``(I) the first month during no part of which the child is a full-time student at an educational institution; or ``(II) the month in which the child attains the age of 22.''; and (C) in paragraph (7), by adding at the end the following new paragraphs: ``(E) The term `full-time student at an educational institution' means an individual who is in full-time attendance as a student at an elementary school (but only in the case of an individual who has not attained the age of 19) or a secondary school or an institution described in section 102 of the Higher Education Act of 1965 (20 U.S.C. 1002), as determined by the Commissioner of Social Security (in accordance with regulations prescribed by the Commissioner) in the light of the standards and practices of the schools and institutions involved, except that no individual shall be considered a `full-time student at an educational institution' if the individual is paid by his employer while attending a school or institution at the request, or pursuant to a requirement, of his employer. An individual shall not be considered a `full-time student at an educational institution' for the purpose of this section while that individual is confined in a jail, prison, or other penal institution or correctional facility, pursuant to the individual's conviction of an offense (committed after the effective date of this sentence) which constituted a felony under applicable law. An individual who is determined to be a full-time student at an educational institution shall be deemed to be such a student throughout the month with respect to which such determination is made. ``(F) Except to the extent provided in such regulations, an individual shall be deemed to be a full-time student at a school or educational institution during any period of nonattendance at a school or institution at which he has been in full-time attendance if (i) such period is 4 calendar months or less, and (ii) the individual shows to the satisfaction of the Commissioner of Social Security that the individual intends to continue to be in full-time attendance at a secondary school or institution described in section 102 of the Higher Education Act of 1965 (20 U.S.C. 1002) immediately following such period. An individual who does not meet the requirement of clause (ii) with respect to such period of nonattendance shall be deemed to have met such requirement (as of the beginning of such period) if he is in full-time attendance at such a school or institution immediately following such period. ``(G) A child who attains age 22 at a time when the child is a full-time student of an educational institution (as defined in subparagraph (E) and without application of subparagraph (F)) but has not (at such time) completed the requirements for, or received, a diploma or equivalent certificate from a secondary school (as defined in subparagraph (C)(i)) or, if such child is a student at an educational institution described in section 102 of the Higher Education Act of 1965, a diploma, degree, or equivalent degree from such an institution, shall be deemed (for purposes of determining whether the child's entitlement to benefits under this subsection has terminated under paragraph (1)(F) and for purposes of determining his initial entitlement to such benefits under clause (iii) of paragraph (1)(B)) not to have attained such age until the first day of the first month following the end of the quarter or semester in which he is enrolled at such time (or, if the secondary school or educational institution in which he is enrolled is not operated on a quarter or semester system, until the first day of the first month following the completion of the course in which the child is so enrolled or until the first day of the third month beginning after such time, whichever first occurs).''. (2) Effective date.--The amendments made by this subsection shall apply to child's insurance benefits that are payable for months beginning on or after January 1, 2024. (b) Railroad Retirement Act.-- (1) Section 2(d) of the Railroad Retirement Act of 1974 (45 U.S.C. 232(2)(d)) is amended-- (A) in clause (iii) of paragraph (1), by striking ``will be less than nineteen years of age and a full- time elementary or secondary school student'' and inserting ``will be less than 22 years of age and a full-time student at an educational institution (as defined in section 202(d)(7)(E) of the Social Security Act)''; and (B) in paragraph (4)-- (i) by striking ``(defining the terms `full-time elementary or secondary school student' and `elementary or secondary school')''; (ii) by striking ``nineteen'' and inserting ``22''; (iii) by striking ``full-time elementary or secondary school student'' and inserting ``full-time student at an educational institution''; (iv) by striking ``subparagraph (A) of paragraph (7) of section 202(d) of the Social Security Act and without the application of subparagraph (B)'' and inserting ``subparagraph (E) of section 202(d)(7) of the Social Security Act, without regard to subparagraph (F) of such section''; (v) by striking ``a diploma or equivalent certificate from a secondary school (as defined in section 202(d)(7)(c)(i) of the Social Security Act)'' and inserting ``a diploma, degree, or equivalent certificate from a secondary school or educational institution described in section 202(d)(7)(E) of the Social Security Act''; and (vi) by striking ``elementary or secondary school in which he is enrolled'' and inserting ``school or institution in which the child is enrolled''. (2) Section 5(c)(7) of the Railroad Retirement Act of 1974 (45 U.S.C. 235(c)(7)) is amended-- (A) by striking ``full-time elementary or secondary school student'' and inserting ``full-time student at an educational institution''; and (B) by striking ``19'' and inserting ``22''. (3) The amendments made by this subsection shall apply to benefits under the Railroad Retirement Act of 1974 that are payable for months beginning on or after January 1, 2024. SEC. 6. PAYROLL TAX ON REMUNERATION UP TO CONTRIBUTION AND BENEFIT BASE AND MORE THAN $250,000. (a) In General.--Paragraph (1) of section 3121(a) of the Internal Revenue Code of 1986 is amended to read as follows: ``(1) in the case of taxes imposed by sections 3101(a) and 3111(a), for any calendar year in which the contribution and benefit base (as determined under section 230 of the Social Security Act) is less than $250,000, so much of the remuneration (other than remuneration referred to in the succeeding paragraphs of this subsection) with respect to employment that has been paid to an individual by an employer during the calendar year as exceeds such contribution and benefit base but does not exceed $250,000;''. (b) Conforming Amendments.-- (1) Successor employers.--Section 3121 of the Internal Revenue Code of 1986 is amended by adding at the end the following new subsection: ``(aa) Special Rules for Successor Employers.--For purposes of subsection (a)(1), if an employer (hereinafter referred to as successor employer) during any calendar year acquires substantially all the property used in a trade or business of another employer (hereinafter referred to as a predecessor), or used in a separate unit of a trade or business of a predecessor, and immediately after the acquisition employs in his trade or business an individual who immediately prior to the acquisition was employed in the trade or business of such predecessor, then, for the purpose of determining the amount of remuneration paid by the successor employer under such subsection, any remuneration (other than remuneration referred to in the paragraphs succeeding paragraph (1) of subsection (a)) with respect to employment paid (or considered under this subsection as having been paid) to such individual by such predecessor during such calendar year and prior to such acquisition shall be considered as having been paid by such successor employer.''. (2) Application to railroad retirement taxes.--Clause (i) of section 3231(e)(2)(A) of such Code is amended to read as follows: ``(i) In general.--For any calendar year in which the applicable base is less than $250,000, the term `compensation' does not include so much of the remuneration paid during any calendar year to an individual by an employer for services rendered as an employee to such employer as exceeds the applicable base but does not exceed $250,000.''. (c) Effective Date.--The amendments made by this section shall apply to remuneration paid on or after January 1 of the first calendar year that begins after the date of enactment of this Act. SEC. 7. TAX ON NET EARNINGS FROM SELF-EMPLOYMENT UP TO CONTRIBUTION AND BENEFIT BASE AND MORE THAN $250,000. (a) In General.--Paragraph (1) of section 1402(b) of the Internal Revenue Code of 1986 is amended to read as follows: ``(1) in the case of the tax imposed by section 1401(a) for any taxable year beginning in a calendar year in which the contribution and benefit base (as determined under section 230 of the Social Security Act) is less than $250,000, the excess (if any) of-- ``(A) so much of the net earnings from self- employment which is in excess of-- ``(i) an amount equal to the contribution and benefit base (as determined under section 230 of the Social Security Act) which is effective for the calendar year in which such taxable year begins, minus ``(ii) the amount of the wages paid to such individual during such taxable years, over ``(B) the sum of-- ``(i) the excess (if any) of-- ``(I) the net earning from self- employment reduced by the excess (if any) of subparagraph (A)(i) over subparagraph (A)(ii), over ``(II) $250,000, reduced by such contribution and benefit base, plus ``(ii) the amount of the wages paid to such individual during such taxable year in excess of such contribution and benefit base and not in excess of $250,000; or''. (b) Effective Date.--The amendments made by this section shall apply to net earnings from self-employment derived, and remuneration paid, on or after January 1 of the first calendar year that begins after the date of enactment of this Act. SEC. 8. TAX ON INVESTMENT GAIN. (a) Increase in Tax.-- (1) In general.--Subsection (a) of section 1411 of the Internal Revenue Code of 1986 is amended by striking ``3.8 percent'' each place it appears and inserting ``16.2 percent''. (2) Conforming amendment.--The heading for chapter 2A of the Internal Revenue Code of 1986 is amended by striking ``UNEARNED INCOME MEDICARE CONTRIBUTION'' and inserting ``ADDITIONAL TAX ON UNEARNED INCOME IN LIEU OF SOCIAL SECURITY AND MEDICARE TAXES''. (b) Inclusion of Active Trade or Business Income.-- (1) In general.--Section 1411(c)(1)(A) of the Internal Revenue Code of 1986 is amended-- (A) in clause (i), by striking ``, other than such income which is derived in the ordinary course of a trade or business not described in paragraph (2)'', (B) in clause (ii), by striking ``described in paragraph (2)'' and inserting ``(determined under rules similar to the rules of paragraphs (5) and (6) of section 469(c))'', and (C) in clause (iii), by striking ``other than property held in a trade or business not described in paragraph (2)''. (2) Denial of deduction for net operating losses.--Section 1411(c)(1)(B) of such Code is amended by inserting ``(other than the deduction for net operating losses provided in section 172)'' after ``net gain''. (3) Conforming amendments.-- (A) Section 1411(c) of such Code is amended by striking paragraphs (2), (3), and (4) and by redesignating paragraphs (5) and (6) as paragraphs (2) and (3), respectively. (B) Section 1411(c)(3) of such Code, as redesignated by subparagraph (A), is amended to read as follows: ``(3) Special rule.--Net investment income shall not include-- ``(A) any item taken into account in determining self-employment income for such taxable year on which a tax is imposed by section 1401, or ``(B) any item taken into account in determining wages received with respect to employment for such taxable year on which a tax is imposed by section 3101.''. (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after the date of enactment of this Act. SEC. 9. SOCIAL SECURITY TRUST FUND ESTABLISHED. (a) In General.--Section 201(a) of the Social Security Act (42 U.S.C. 401(a)) is amended to read as follows: ``(a) There is hereby created on the books of the Treasury of the United States a trust fund to be known as the `Social Security Trust Fund'. The Social Security Trust Fund shall consist of the securities held by the Secretary of the Treasury for the Federal Old-Age and Survivors Insurance Trust Fund and the Federal Disability Insurance Trust Fund and the amount standing to the credit of the Federal Old-Age and Survivors Insurance Trust Fund and the Federal Disability Insurance Trust Fund on the books of the Treasury on January 1 of the first calendar year beginning after the date of the enactment of section 9 of the Social Security Expansion Act, which securities and amount the Secretary of the Treasury is authorized and directed to transfer to the Social Security Trust Fund, and, in addition, such gifts and bequests as may be made as provided in subsection (i)(1), and such amounts as may be appropriated to, or deposited in, the Social Security Trust Fund as hereinafter provided. There is hereby appropriated to the Social Security Trust Fund for the first fiscal year that begins after the date of the enactment of section 9 of the Social Security Expansion Act, and for each fiscal year thereafter, out of any moneys in the Treasury not otherwise appropriated, amounts equivalent to 100 percent of-- ``(1) the taxes imposed by chapter 21 (other than sections 3101(b) and 3111(b)) of the Internal Revenue Code of 1986 with respect to wages (as defined in section 3121 of such Code) reported to the Secretary of the Treasury pursuant to subtitle F of the Internal Revenue Code of 1986, as determined by the Secretary of the Treasury by applying the applicable rates of tax under such chapter (other than sections 3101(b) and 3111(b)) to such wages, which wages shall be certified by the Commissioner of Social Security on the basis of the records of wages established and maintained by such Commissioner in accordance with such reports; ``(2) the taxes imposed by chapter 2 (other than section 1401(b)) of the Internal Revenue Code of 1986 with respect to self-employment income (as defined in section 1402 of such Code) reported to the Secretary of the Treasury on tax returns under subtitle F of such Code, as determined by the Secretary of the Treasury by applying the applicable rate of tax under such chapter (other than section 1401(b)) to such self- employment income, which self-employment income shall be certified by the Commissioner of Social Security on the basis of the records of self-employment income established and maintained by the Commissioner of Social Security in accordance with such returns; and ``(3) 62 percent of the taxes imposed under section 1411 of the Internal Revenue Code of 1986. The amounts appropriated by paragraphs (1), (2), and (3) shall be transferred from time to time from the general fund in the Treasury to the Social Security Trust Fund, such amounts to be determined on the basis of estimates by the Secretary of the Treasury of the taxes, specified in paragraphs (1), (2), and (3), paid to or deposited into the Treasury; and proper adjustments shall be made in amounts subsequently transferred to the extent prior estimates were in excess of or were less than the taxes specified in such paragraphs. All amounts transferred to the Social Security Trust Fund under the preceding sentence shall be invested by the Managing Trustee in the same manner and to the same extent as the other assets of the Trust Fund. Notwithstanding the preceding sentence, in any case in which the Secretary of the Treasury determines that the assets of the Trust Fund would otherwise be inadequate to meet the Trust Fund's obligations for any month, the Secretary of the Treasury shall transfer to the Trust Fund on the first day of such month the total amount which would have been transferred to the Trust Fund under this section as in effect on October 1, 1990; and the Trust Fund shall pay interest to the general fund on the amount so transferred on the first day of any month at a rate (calculated on a daily basis, and applied against the difference between the amount so transferred on such first day and the amount which would have been transferred to the Trust Fund up to that day under the procedures in effect on January 1, 1983) equal to the rate earned by the investments of the Trust Fund in the same month under subsection (d).''. (b) Required Actuarial Analysis.--Section 201(c) of the Social Security Act is amended by striking the fourth sentence in the matter following paragraph (5) and inserting the following: ``Such report shall also include actuarial analysis of the benefit cost with respect to disabled beneficiaries and their auxiliaries, to retired beneficiaries and their auxiliaries, and to survivor beneficiaries.''. (c) Board of Trustees.-- (1) Board of trustees of social security trust fund.-- Section 201(c) of the Social Security Act, as amended by subsection (b) of this section, is further amended in the matter preceding paragraph (1) by striking ``the Federal Old- Age and Survivors Insurance Trust Fund and the Federal Disability Insurance Trust Fund (hereinafter in this title called the `Trust Funds')'' and inserting ``the Social Security Trust Fund (in this title referred to as the `Trust Fund')''. (2) Continuity of board of trustees.--The Board of Trustees of the Social Security Trust Fund created by the amendment made by subsection (a) shall be a continuous body with the Board of Trustees of the Federal Old-Age and Survivors Insurance Trust Fund and the Federal Disability Insurance Trust Fund in operation prior to the effective date of such amendment. Individuals serving as members of the Board of Trustees of the Federal Old-Age and Survivors Insurance Trust Fund and the Federal Disability Insurance Trust Fund as of the effective date of such amendment shall serve the remainder of their term as members of the Board of Trustees of the Social Security Trust Fund. (d) Conforming Amendments Related to Social Security Trust Fund.-- (1) Amendment to section heading.--The section heading for section 201 of the Social Security Act is amended to read as follows: ``social security trust fund''. (2) Board of trustees.--Section 201(c) of such Act, as amended by subsections (b) and (c)(1), is further amended-- (A) in the matter preceding paragraph (1), by striking ``Board of Trustees of the Trust Funds'' and inserting ``Board of Trustees of the Trust Fund''; (B) in paragraph (1), by striking ``Trust Funds'' and inserting ``Trust Fund''; (C) in paragraph (2)-- (i) by striking ``Trust Funds'' and inserting ``Trust Fund''; and (ii) by striking ``their'' and inserting ``its''; (D) in paragraph (3), by striking ``either of the Trust Funds'' and inserting ``the Trust Fund''; (E) in paragraph (5)-- (i) by striking ``managing the Trust Funds'' and inserting ``managing the Trust Fund''; and (ii) by striking ``Trust Funds are'' and inserting ``Trust Fund is''; (F) in the matter following paragraph (5), by striking ``Trust Funds'' each place it appears and inserting ``Trust Fund''; and (G) in the second sentence in the matter following paragraph (5), by striking ``whether the Federal Old- Age and Survivors Insurance Trust Fund and the Federal Disability Insurance Trust Fund, individually and collectively, are'' and inserting ``whether the Social Security Trust Fund is''. (3) Investments.--Section 201 of such Act is amended in subsections (d) and (e) by striking ``Trust Funds'' each place it appears and inserting ``Trust Fund''. (4) Crediting of interest and proceeds to trust funds.-- Section 201(f) of such Act is amended-- (A) by striking ``the Federal Old-Age and Survivors Insurance Trust Fund and the Federal Disability Insurance Trust Fund shall be credited to and form a part of the Federal Old-Age and Survivors Insurance Trust Fund and the Disability Insurance Trust Fund, respectively'' and inserting ``the Social Security Trust Fund shall be credited to and form a part of the Social Security Trust Fund''; (B) by striking ``either of the Trust Funds'' and inserting ``the Trust Fund''; and (C) by striking ``such Trust Fund'' and inserting ``the Trust Fund''. (5) Administrative costs.--Section 201(g) of such Act is amended-- (A) in paragraph (1)-- (i) in subparagraph (A), by striking ``Of the amounts authorized to be made available out of the Federal Old-Age and Survivors Insurance Trust Fund and the Federal Disability Insurance Trust Fund under the preceding sentence'' and all that follows through ``(Public Law 103- 296).''; and (ii) in subparagraph (B)(i)-- (I) by striking subclauses (II) and (III) and inserting the following: ``(II) the portion of such costs which should have been borne by the Social Security Trust Fund,''; and (II) by redesignating subclauses (IV) and (V) as subclauses (III) and (IV); (B) in paragraph (2)-- (i) by striking ``Trust Funds'' and inserting ``Trust Fund''; and (ii) by striking the last sentence; and (C) in paragraph (4), by striking ``Trust Funds'' each place it appears and inserting ``Trust Fund''. (6) Benefit payments.--Section 201(h) of such Act is amended to read as follows: ``(h) All benefit payments required to be made under this title shall be made only from the Social Security Trust Fund.''. (7) Gifts.--Section 201(i) of such Act is amended-- (A) in paragraph (1), by striking ``the Federal Old-Age and Survivors Insurance Trust Fund, the Federal Disability Insurance Trust Fund'' and inserting ``the Social Security Trust Fund''; and (B) in paragraph (2)(B), by striking ``the Federal Old-Age and Survivors Insurance Trust Fund'' and inserting ``the Social Security Trust Fund''. (8) Travel expenses.--Section 201(j) of such Act is amended by striking ``the Federal Old-Age and Survivors Insurance Trust Fund, or the Federal Disability Insurance Trust Fund (as determined appropriate by the Commissioner of Social Security)'' and inserting ``the Social Security Trust Fund''. (9) Demonstration projects.--Section 201(k) of such Act is amended by striking ``the Federal Disability Insurance Trust Fund and the Federal Old-Age and Survivors Insurance Trust Fund, as determined appropriate by the Commissioner of Social Security'' and inserting ``the Social Security Trust Fund''. (10) Benefit checks.--Section 201(m) of such Act is amended-- (A) in paragraph (2), by striking ``each of the Trust Funds'' and inserting ``the Social Security Trust Fund''; (B) in paragraph (3), by striking ``one of the Trust Funds'' and inserting ``the Trust Fund''; and (C) by striking ``such Trust Fund'' each place it appears and inserting ``the Trust Fund''. (11) Conforming repeals.-- (A) In general.--Section 201 of such Act is amended by striking subsections (b), (l), and (n). (B) Redesignations.--Section 201 of such Act is further amended-- (i) by redesignating subsections (c) through (j) as subsections (b) through (i), respectively; (ii) by redesignating subsection (k) as subsection (j); and (iii) by redesignating subsection (m) as subsection (k). (C) References to redesignated sections.-- (i) Section 201(a) of such Act, as amended by subsection (a) of this section, is further amended-- (I) by striking ``subsection (i)(1)'' and inserting ``subsection (h)(1)''; and (II) by striking ``subsection (d)'' and inserting ``subsection (c)''. (ii) Section 1131(b)(1) of such Act is amended by striking ``section 201(g)(1)'' and inserting ``section 201(f)(1)''. (e) Other Conforming Amendments to Social Security Act.-- (1) Title ii.--Title II of the Social Security Act (42 U.S.C. 401 et seq.) is amended-- (A) in section 202(x)(3)(B)(iii), by striking ``the Federal Old-Age and Survivors Insurance Trust Fund and the Federal Disability Insurance Trust Fund, as appropriate,'' and inserting ``the Social Security Trust Fund''; (B) in section 206(d)(5), by striking ``the Federal Old-Age and Survivors Insurance Trust Fund and the Federal Disability Insurance Trust Fund, as appropriate'' and inserting ``the Social Security Trust Fund''; (C) in section 206(e)(3)(B), by striking ``the Federal Old-Age and Survivors Insurance Trust Fund and the Federal Disability Insurance Trust Fund'' and inserting ``the Social Security Trust Fund''; (D) in section 208(b)(5)(A), by striking ``the Federal Old-Age and Survivors Insurance Trust Fund and the Federal Disability Insurance Trust Fund, as appropriate'' and inserting ``the Social Security Trust Fund''; (E) in section 215(i)(1)(F)-- (i) in clause (i)-- (I) by striking ``the combined balance in the Federal Old-Age and Survivors Insurance Trust Fund and the Federal Disability Insurance Trust Fund'' and inserting ``the balance in the Social Security Trust Fund''; and (II) by striking ``and reduced by the outstanding amount of any loan (including interest thereon) theretofore made to either such Fund from the Federal Hospital Insurance Trust Fund under section 201(l)''; and (ii) in clause (ii)-- (I) by striking ``the Federal Old- Age and Survivors Insurance Trust Fund and the Federal Disability Insurance Trust Fund'' and inserting ``the Social Security Trust Fund''; and (II) by striking ``(other than payments'' and all that follows through ``from that Account''; (F) in section 217(g)(2), by inserting after the first sentence the following: ``For purposes of any such revision of the amount determined under paragraph (1) that occurs in a year that begins after the year in which the Social Security Expansion Act is enacted, any reference in such paragraph to the Federal Old-Age and Survivors Insurance Trust Fund or the Federal Disability Insurance Trust Fund shall be deemed to be a reference to the Social Security Trust Fund.''; (G) in section 221(e)-- (i) by striking ``Trust Funds'' each place it appears and inserting ``Trust Fund''; and (ii) by striking the last sentence; (H) in section 221(f), by striking ``Trust Funds'' and inserting ``Trust Fund''; (I) in section 222(d)-- (i) in the section heading, by striking ``Trust Funds'' and inserting ``Trust Fund''; (ii) in paragraph (1), by striking ``to the end that savings will accrue to the Trust Funds as a result of rehabilitating such individuals, there are authorized to be transferred from the Federal Old-Age and Survivors Insurance Trust Fund and the Federal Disability Insurance Trust Fund'' and inserting ``to the end that savings will accrue to the Trust Fund as a result of rehabilitating such individuals, there are authorized to be transferred from the Social Security Trust Fund''; and (iii) by amending paragraph (4) to read as follows: ``(4) The Commissioner of Social Security shall determine according to such methods and procedures as the Commissioner may deem appropriate the total amount to be reimbursed for the cost of services under this subsection.''; (J) in section 228(g)-- (i) in the section heading, by striking ``Federal Old-Age and Survivors Insurance Trust Fund'' and inserting ``Social Security Trust Fund''; and (ii) in the matter preceding paragraph (1), by striking ``Federal Old-Age and Survivors Insurance Trust Fund'' and inserting ``Social Security Trust Fund''; (K) in section 231(c), by striking ``Trust Funds'' each place it appears and inserting ``Trust Fund''; and (L) in section 234(a)(1), by striking ``Trust Funds'' and inserting ``Trust Fund''. (2) Title vii.--Title VII of the Social Security Act (42 U.S.C. 901 et seq.) is amended-- (A) in section 703(j), by striking ``Federal Disability Insurance Trust Fund, the Federal Old-Age and Survivors Insurance Trust Fund,'' and inserting ``Social Security Trust Fund''; (B) in section 708(c), by striking ``the `OASDI trust fund ratio' under section 201(l),'' after ``computing''; (C) in section 709-- (i) in subsection (a), by striking ``Federal Old-Age and Survivors Insurance Trust Fund and the Federal Disability Insurance Trust Fund'' and inserting ``Social Security Trust Fund''; and (ii) in subsection (b)-- (I) in paragraph (1), by striking ``section 201(l) or''; and (II) in paragraph (2), by striking ``Federal Old-Age and Survivors Insurance Trust Fund and the Federal Disability Insurance Trust Fund'' and inserting ``Social Security Trust Fund''; and (D) in section 710-- (i) in subsection (a), by striking ``Federal Old-Age and Survivors Insurance Trust Fund and the Federal Disability Insurance Trust Fund'' and inserting ``Social Security Trust Fund''; and (ii) in subsection (b)-- (I) by striking ``any Trust Fund specified in subsection (a)'' and inserting ``the Social Security Trust Fund''; and (II) by striking ``payments from any such Trust Fund'' and inserting ``payments from the Social Security Trust Fund''. (3) Title xi.--Title XI of the Social Security Act (42 U.S.C. 1301 et seq.) is amended-- (A) in section 1106(b), by striking ``the Federal Old-Age and Survivors Insurance Trust Fund, the Federal Disability Insurance Trust Fund'' and inserting ``the Social Security Trust Fund''; (B) in section 1129(e)(2)(A), by striking ``the Federal Old-Age and Survivors Insurance Trust Fund or the Federal Disability Insurance Trust Fund, as determined appropriate by the Secretary'' and inserting ``the Social Security Trust Fund''; (C) in sections 1131(b)(2) and 1140(c)(2), by striking ``the Federal Old-Age and Survivors Insurance Trust Fund'' and inserting ``the Social Security Trust Fund''; (D) in section 1145(c)-- (i) by striking paragraphs (1) and (2) and inserting the following: ``(1) the Social Security Trust Fund;''; and (ii) by redesignating paragraphs (3) and (4) as paragraphs (2) and (3), respectively; and (E) in section 1148(j)(1)(A)-- (i) in the first sentence, by striking ``the Federal Old-Age and Survivors Insurance Trust Fund and the Federal Disability Insurance Trust Fund'' and inserting ``the Social Security Trust Fund''; and (ii) by striking the second sentence. (4) Title xviii.--Title XVIII of the Social Security Act (42 U.S.C. 1395) is amended-- (A) in section 1817(g), by striking ``Federal Old- Age and Survivors Insurance Trust Fund and from the Federal Disability Insurance Trust Fund'' and inserting ``Social Security Trust Fund''; (B) in section 1840(a)(2), by striking ``Federal Old-Age and Survivors Insurance Trust Fund or the Federal Disability Insurance Trust Fund'' and inserting ``Social Security Trust Fund''; and (C) in section 1841(f), by striking ``Federal Old- Age and Survivors Insurance Trust Fund and from the Federal Disability Insurance Trust Fund'' and inserting ``Social Security Trust Fund''. (f) Conforming Amendments Outside of Social Security Act.-- (1) Budget.-- (A) Off-budget exemption.--Section 405(a) of the Congressional Budget Act of 1974 (2 U.S.C. 655(a)) is amended by striking ``Federal Old-Age and Survivors Insurance and Federal Disability Insurance Trust Funds'' and inserting ``Social Security Trust Fund''. (B) Sequestration exemption.--Section 255(g)(1)(A) of the Balanced Budget and Emergency Deficit Control Act of 1985 (2 U.S.C. 905(g)(1)(A)) is amended by striking ``Payments to Social Security Trust Funds'' and inserting ``Payments to the Social Security Trust Fund''. (2) Tax.-- (A) Taxable wages.--Section 3121(l)(4) of the Internal Revenue Code of 1986 is amended by striking ``Federal Old-Age and Survivors Insurance Trust Fund and the Federal Disability Insurance Trust Fund'' and inserting ``Social Security Trust Fund''. (B) Overpayments.-- (i) Section 6402(d)(3)(C) of the Internal Revenue Code of 1986 is amended by striking ``Federal Old-Age and Survivors Insurance Trust Fund or the Federal Disability Insurance Trust Fund, whichever is certified to the Secretary as appropriate by the Commissioner of Social Security'' and inserting ``Social Security Trust Fund''. (ii) Subsection (f)(2)(B) of section 3720A of title 31, United States Code, is amended by striking ``Federal Old-Age and Survivors Insurance Trust Fund or the Federal Disability Insurance Trust Fund, whichever is certified to the Secretary of the Treasury as appropriate by the Commissioner of Social Security'' and inserting ``Social Security Trust Fund''. (3) False claims penalties.--Subsection (g)(2) of section 3806 of title 31, United States Code, is amended-- (A) in subparagraph (B)-- (i) by striking ``Secretary of Health and Human Services'' and inserting ``Commissioner of Social Security''; and (ii) by striking ``Federal Old-Age and Survivors Insurance Trust Fund'' and inserting ``Social Security Trust Fund''; and (B) in subparagraph (C)-- (i) by striking ``Secretary of Health and Human Services'' and inserting ``Commissioner of Social Security''; and (ii) by striking ``Federal Disability Insurance Trust Fund'' and inserting ``Social Security Trust Fund''. (4) Railroad retirement board.--Section 7 of the Railroad Retirement Act of 1974 (45 U.S.C. 231f) is amended-- (A) in subsection (b)(2), by striking ``Federal Old-Age and Survivors Insurance Trust Fund and the Federal Disability Insurance Trust Fund'' and inserting ``Social Security Trust Fund''; (B) in subsection (c)(2)-- (i) by striking ``Secretary of Health, Education, and Welfare'' each time it appears and inserting ``Commissioner of Social Security''; and (ii) by striking ``Federal Old-Age and Survivors Insurance Trust Fund, the Federal Disability Insurance Trust Fund,'' each time it appears and inserting ``Social Security Trust Fund''; and (C) in subsection (c)(4), by striking ``Federal Old-Age and Survivors Insurance Trust Fund, the Federal Disability Insurance Trust Fund,'' and inserting ``Social Security Trust Fund''. (g) Rule of Construction.--Effective beginning on January 1 of the first calendar year beginning after the date of the enactment of this section, any reference in law to the ``Federal Old-Age and Survivors Insurance Trust Fund'' or the ``Federal Disability Insurance Trust Fund'' is deemed to be a reference to the Social Security Trust Fund. (h) Effective Date.--The amendments made by this section shall take effect on January 1 of the first calendar year beginning after the date of the enactment of this section. &lt;all&gt; </pre></body></html>
[ "Social Welfare" ]
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118S394
Digital Citizenship and Media Literacy Act
[ [ "K000367", "Sen. Klobuchar, Amy [D-MN]", "sponsor" ], [ "B001267", "Sen. Bennet, Michael F. [D-CO]", "cosponsor" ], [ "S001203", "Sen. Smith, Tina [D-MN]", "cosponsor" ], [ "F000062", "Sen. Feinstein, Dianne [D-CA]", "cosponsor" ], [ "W000802", "Sen. Whitehouse, Sheldon [D-RI]", "cosponsor" ] ]
<p><b>Digital Citizenship and Media Literacy Act</b></p> <p>This bill directs the National Telecommunications and Information Administration to award grants to state and local educational agencies, public libraries, and qualified nonprofit organizations to develop and promote media literacy and digital citizenship education for elementary and secondary school students.</p> <p><i>Media literacy</i> includes the ability to access relevant information, analyze media content, evaluate the accuracy of information, and make educated decisions based on information obtained from media and digital sources.</p> <p><i>Digital citizenship</i> includes the ability to safely, responsibly, and ethically use communication technologies and to participate in the political, economic, social, and cultural aspects of life related to technology and the digital world. </p>
<html><body><pre>[Congressional Bills 118th Congress] [From the U.S. Government Publishing Office] [S. 394 Introduced in Senate (IS)] &lt;DOC&gt; 118th CONGRESS 1st Session S. 394 To promote digital citizenship and media literacy. _______________________________________________________________________ IN THE SENATE OF THE UNITED STATES February 13, 2023 Ms. Klobuchar (for herself, Mr. Bennet, Ms. Smith, Mrs. Feinstein, and Mr. Whitehouse) introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation _______________________________________________________________________ A BILL To promote digital citizenship and media literacy. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Digital Citizenship and Media Literacy Act''. SEC. 2. FINDINGS. Congress finds the following: (1) People in the United States rely on information from mass media, social media, and digital media to make decisions about all aspects of social, economic, and political life, including products and services consumption, employment, career and professional development, family and leisure choices, health and wellness, and democratic engagement. Ensuring that people in the United States possess the skills to make these informed decisions based on media begins early in life. (2) Adversaries from Russia, China, and Iran are using information warfare to influence democracies across the world, and terrorist organizations often use digital communications to recruit members. The United States can fight these influences by ensuring that citizens of the United States possess the necessary skills to identify disinformation and misinformation and think critically about their digital activities. (3) Media literacy education has proven critical to allies of the United States in building national resilience to foreign disinformation campaigns. Countries like Estonia, Finland, and Ukraine have developed and implemented successful media literacy education programs in schools that have helped counter Russian disinformation campaigns. The United States has also invested in and promoted media literacy education abroad, including in the Baltics. (4) Following Russia's increased aggression towards Ukraine and the West, and Russia's invasion of Ukraine, media literacy skills have been important in ensuring Ukrainians and citizens of Western allied countries are not influenced by Russian disinformation. (5) In order to build similar national resilience against foreign disinformation in the United States, Congress has recommended investing in media literacy education. (6) The bipartisan and bicameral Cyberspace Solarium Commission's 2020 report recommended that the United States invest in media literacy, writing that ``[b]y promoting modern civics education and digital literacy programs, the U.S. Government can assist in enhancing the average American's ability to discern the trustworthiness of online content, and thereby reduce the impact of malicious foreign cyber-enabled information campaigns'', and concluded that Congress should authorize a grant program ``to improve digital citizenship and to incorporate effective digital literacy curricula in American classrooms at the K-12 level and beyond''. (7) Similarly, the Select Committee on Intelligence of the Senate stated, in a bipartisan report released during the 116th Congress, ``Addressing the challenge of disinformation in the long-term will ultimately need to be tackled by an informed and discerning population of citizens who are both alert to the threat and armed with the critical thinking skills necessary to protect against malicious influence.''. The Committee then recommended that a ``public initiative--propelled by Federal funding but led in large part by state and local education institutions--focused on building media literacy from an early age would help build long-term resilience to foreign manipulation of our democracy''. (8) Media literacy and digital citizenship education also empowers young people and is critical to improving their health and safety, preventing cyberbullying, and enabling young people to make informed decisions about products and services, including advertisements and controlled substances. (9) Social media and other online activities have been shown to have serious negative impacts on the mental and physical health of young people. Many studies have found that media literacy education is one of the most successful strategies for countering body image issues and eating disorders in children. The National Eating Disorders Association, in partnership with California State University, Northridge, published a Digital Media Literacy toolkit to help students, including high school students, learn skills to think critically about body images and the online content they see. (10) Education and childhood development experts, as well as academic and medical researchers, have recommended that a key method for preventing and countering the negative impacts described in paragraph (9) is to teach media literacy skills to young people beginning early in their education. (11) A successful and inclusive media literacy program must be directed at students beginning in kindergarten and should continue throughout the completion of postsecondary education. Media literacy education must be inclusive and accessible for all students, including multilingual students, students with limited proficiency in English, and students with disabilities. Learning to critically analyze and create media is a lifelong process that can be developed by integrating media literacy competencies into academic curriculum across content areas and disciplines. SEC. 3. DEFINITIONS. In this Act: (1) Assistant secretary.--The term ``Assistant Secretary'' means the Assistant Secretary of Commerce for Communications and Information. (2) Digital citizenship.--The term ``digital citizenship'' means the ability to-- (A) safely, responsibly, and ethically use communication technologies and digital information technology tools and platforms; (B) create and share media content using principles of social and civic responsibility and with awareness of the legal and ethical issues involved; and (C) participate in the political, economic, social, and cultural aspects of life related to technology, communications, and the digital world by consuming and creating digital content, including media. (3) Eligible entity.--The term ``eligible entity'' means-- (A) a State educational agency; (B) a local educational agency; (C) a public library; or (D) a qualified nonprofit organization. (4) ESEA definitions.--The terms ``child with a disability'', ``local educational agency'', ``State educational agency'', ``specialized instructional support personnel'', and ``universal design for learning'' have the meanings given those terms in section 8101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801). (5) Media literacy.--The term ``media literacy'' means the ability to-- (A) access relevant and accurate information through media in a variety of forms; (B) critically analyze media content and the influences of different forms of media; (C) evaluate the comprehensiveness, relevance, credibility, authority, and accuracy of information; (D) make educated decisions based on information obtained from media and digital sources; (E) operate various forms of technology and digital tools; (F) reflect on how the use of media and technology may affect private and public life; and (G) protect oneself from online content that presents a clear risk to health and safety, including child sexual abuse material and content promoting illegal drugs, self-harm, or eating disorders. (6) Qualified nonprofit organization.--The term ``qualified nonprofit organization'' means an organization that-- (A) is described in paragraph (3) or (4) of section 501(c) of the Internal Revenue Code of 1986 and is exempt from taxation under section 501(a) of that Code; and (B) has a mission to improve childhood education, childhood development, or media literacy. SEC. 4. GRANT PROGRAM ESTABLISHED. (a) In General.--The Assistant Secretary shall establish a program to promote media literacy, through which the Assistant Secretary shall award grants to eligible entities to enable those eligible entities to carry out the activities described in subsection (c). (b) Application.--An eligible entity that desires a grant under this section shall submit an application to the Assistant Secretary at such time and in such manner as the Assistant Secretary may require, including, at a minimum-- (1) a description of the activities the eligible entity intends to carry out with the grant funds; (2) an estimate of the costs associated with such activities; and (3) such other information and assurances as the Assistant Secretary may require. (c) Use of Funds.-- (1) State educational agencies.-- (A) In general.--An eligible entity that is a State educational agency receiving a grant under this section shall use grant funds to carry out one or more of the following activities: (i) Creating and supporting a media literacy advisory council to-- (I) provide recommendations about digital citizenship and media literacy guidelines; (II) identify barriers and opportunities for implementing media literacy in kindergarten through grade 12 in public schools in the State for all students, including students who are children with disabilities; (III) identify best practices and effective models for media literacy education, including incorporating universal design for learning and providing additional accommodations for students who are children with disabilities when needed; (IV) identify existing models of curriculum and existing policies in different States that are aimed at overcoming the barriers identified in subclause (II); (V) gather data or conduct research to assess the media literacy and digital citizenship competencies of students, teachers, or specialized instructional support personnel; (VI) submit a report to the State educational agency containing findings and recommendations regarding the items identified under this clause; and (VII) annually update those findings and recommendations. (ii) Assisting local educational agencies in the development of units of instruction on media literacy, either as a new subject or as a part of the existing curriculum. (iii) Assisting local educational agencies in developing means of evaluating student learning in media literacy. (iv) Assisting local educational agencies in developing or providing professional development for teachers that relates to media literacy. (B) Media literacy advisory council.-- (i) Members.--The media literacy advisory council described in subparagraph (A)(i) shall include experts in media literacy, including academic experts, individuals from nonprofit organizations, individuals with expertise in education for students who are children with disabilities, teachers, librarians, representatives from parent organizations, educators, administrators, students, and other stakeholders. (ii) Diversity of representation.--Such membership shall include representation from rural and urban local educational agencies, small and large schools, high- and low-resource schools, teachers of students with disabilities, and schools in communities from diverse linguistic, racial, and ethnic backgrounds. (C) Guidelines.-- (i) In general.--A State educational agency that creates a media literacy advisory council under subparagraph (A)(i) shall, only after consideration of the findings and recommendations described in subclauses (I) and (VI) of that subparagraph, develop and publish on the State educational agency website inclusive digital citizenship and media literacy guidelines for students in kindergarten through grade 12 in public schools in the State. (ii) Requirements.--The guidelines described in clause (i) shall be designed to develop media literacy and digital citizenship competencies by promoting students'-- (I) research and information fluency; (II) critical thinking and problem- solving skills; (III) technology operations and concepts; (IV) information and technological literacy; (V) concepts of media representation and stereotyping; (VI) understanding of explicit and implicit media messages; (VII) understanding of values and points of view that are included and excluded in media content; (VIII) understanding of how media may influence ideas and behaviors; (IX) understanding of the importance of obtaining information from multiple media sources and evaluating sources for quality; (X) understanding how information on digital platforms can be altered through algorithms, editing, and augmented reality; and (XI) ability to create media in civically and socially responsible ways. (2) Local educational agencies.--An eligible entity that is a local educational agency receiving a grant under this section shall use grant funds to carry out one or more of the following activities: (A) Incorporating digital citizenship and media literacy into the existing curriculum (across content and disciplinary areas) or establishing new educational opportunities to learn about media literacy. (B) Employing specialized instructional support personnel, such as a librarian or other personnel who can provide instructional services in media literacy. (C) Providing funding to educators who are carrying out activities described in subparagraph (A) to further their professional development in relation to media literacy, including funding for traveling to media literacy conferences to share knowledge with regional and national stakeholders. (D) Other activities, including student led efforts, to support, develop, or promote the implementation of media literacy education programs, policies, teacher preparation, curriculum, or standards. (3) Public libraries.--An eligible entity that is a public library receiving a grant under this section shall use grant funds to carry out activities that enhance digital citizenship and media literacy skills in children. (4) Qualified nonprofit organizations.-- (A) In general.--An eligible entity that is a qualified nonprofit organization receiving a grant under this section shall use grant funds to carry out one or more of the following activities: (i) Activities in schools or public settings for children in kindergarten through grade 12 that enhance digital citizenship and media literacy skills. (ii) Other activities to support, develop, or promote the implementation of media literacy education programs, policies, teacher preparation, curriculum, or standards relating to enhancing digital citizenship and media literacy skills for children in kindergarten through grade 12. (B) Restriction.--If a qualified nonprofit organization charges a school or other entity for carrying out activities described in subparagraph (A), the organization may not charge more than the cost to the organization of carrying out the activities. (d) Reporting.-- (1) Reports by eligible entities.--Not later than 1 year after the date on which an eligible entity receives grant funds under this section, the eligible entity shall prepare and submit to the Assistant Secretary a report describing the activities the eligible entity carried out using grant funds and the effectiveness of those activities. (2) Report by the assistant secretary.--Not later than 90 days after the Assistant Secretary receives the report described in paragraph (1) from the last eligible entity to submit such a report, the Assistant Secretary shall prepare and submit a report to Congress describing the activities carried out under this section and the effectiveness of those activities. SEC. 5. SENSE OF CONGRESS. It is the sense of Congress that the Assistant Secretary should-- (1) establish and maintain a list of-- (A) eligible entities that receive a grant under section 4; and (B) individuals designated by those eligible entities as participating individuals, such as individuals serving on a media literacy advisory council described in section 4(c)(1)(A)(i) or individuals carrying out activities authorized under section 4(c) on behalf of those eligible entities; and (2) make the list described in paragraph (1) available to those eligible entities and participating individuals in order to promote communication and further exchange of information regarding sound digital citizenship and media literacy practices among recipients of a grant under section 4. SEC. 6. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated to carry out this Act $20,000,000 for each of fiscal years 2024, 2026, 2028, and 2030. &lt;all&gt; </pre></body></html>
[ "Education" ]
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118S395
Clean Slate for Kids Online Act of 2023
[ [ "D000563", "Sen. Durbin, Richard J. [D-IL]", "sponsor" ], [ "B001277", "Sen. Blumenthal, Richard [D-CT]", "cosponsor" ], [ "H001042", "Sen. Hirono, Mazie K. [D-HI]", "cosponsor" ] ]
<p><strong>Clean Slate for Kids Online Act of 2023</strong></p> <p>This bill allows individuals over age 13 (or their guardians, if applicable) to request the deletion of information collected from or about them while they were under age 13 by a website or online service that is directed to children. </p> <p>Specifically, the bill requires an operator of such a website or service to</p> <ul> <li>provide notice on their website about how an individual over age 13 (or the guardian of an individual over age 13) can request the deletion of all personal information in the operator's possession collected when the individual was under age 13; </li> <li>promptly delete, upon request, all such personal&nbsp;information; and </li> <li>provide written confirmation of deletion.</li></ul> <p>The bill allows a limited exception to the deletion requirement if the personal information collected from or about a child is necessary to (1) respond to a judicial process, or (2) to provide information to law enforcement agencies or for an investigation related to public safety. </p>
<html><body><pre>[Congressional Bills 118th Congress] [From the U.S. Government Publishing Office] [S. 395 Introduced in Senate (IS)] &lt;DOC&gt; 118th CONGRESS 1st Session S. 395 To amend the Children's Online Privacy Protection Act of 1998 to give Americans the option to delete personal information collected by internet operators as a result of the person's internet activity prior to age 13. _______________________________________________________________________ IN THE SENATE OF THE UNITED STATES February 13, 2023 Mr. Durbin (for himself, Mr. Blumenthal, and Ms. Hirono) introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation _______________________________________________________________________ A BILL To amend the Children's Online Privacy Protection Act of 1998 to give Americans the option to delete personal information collected by internet operators as a result of the person's internet activity prior to age 13. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Clean Slate for Kids Online Act of 2023''. SEC. 2. ENHANCING THE CHILDREN'S ONLINE PRIVACY PROTECTION ACT OF 1998. (a) Definitions.--Section 1302 of the Children's Online Privacy Protection Act of 1998 (15 U.S.C. 6501) is amended by adding at the end the following: ``(13) Delete.--The term `delete' means to remove personal information such that the information is not maintained in retrievable form and cannot be retrieved in the normal course of business.''. (b) Regulation of Unfair and Deceptive Acts and Practices in Connection With the Collection and Use of Personal Information From and About Children on the Internet.--Section 1303 of the Children's Online Privacy Protection Act of 1998 (15 U.S.C. 6502) is amended-- (1) in subsection (a), by adding at the end the following: ``(3) Failure to delete.--It is unlawful for an operator of a website or online service directed to children, or any operator that has actual knowledge that it is collecting personal information from a child, to fail to delete personal information collected from or about a child if a request for deletion is made pursuant to regulations prescribed under subsection (e).''; and (2) by adding at the end the following: ``(e) Right of an Individual To Delete Personal Information Collected When the Person Was a Child.-- ``(1) In general.--Not later than 1 year after the date of enactment of this subsection, the Commission shall promulgate under section 553 of title 5, United States Code, regulations that require the operator of any website or online service directed to children, or any operator that has actual knowledge that it has collected personal information from a child or maintains such personal information-- ``(A) to provide notice in a prominent place on the website of how an individual over the age of 13, or a legal guardian of an individual over the age of 13 acting with the knowledge and consent of the individual, can request that the operator delete all personal information in the possession of the operator that was collected from or about the individual when the individual was a child notwithstanding any parental consent that may have been provided when the individual was a child; ``(B) to promptly delete all personal information in the possession of the operator that was collected from or about an individual when the individual was a child when such deletion is requested by an individual over the age of 13 or by the legal guardian of such individual acting with the knowledge and consent of the individual, notwithstanding any parental consent that may have been provided when the individual was a child; ``(C) to provide written confirmation of deletion, after the deletion has occurred, to an individual or legal guardian of such individual who has requested such deletion pursuant to this subsection; and ``(D) to except from deletion personal information collected from or about a child-- ``(i) only to the extent that the personal information is necessary-- ``(I) to respond to judicial process; or ``(II) to the extent permitted under any other provision of law, to provide information to law enforcement agencies or for an investigation on a matter related to public safety; and ``(ii) if the operator retain such excepted personal information for only as long as reasonably necessary to fulfill the purpose for which the information has been excepted and that the excepted information not be used, disseminated or maintained in a form retrievable to anyone except for the purposes specified in this subparagraph.''. (c) Safe Harbors.--Section 1304 of the Children's Online Privacy Protection Act of 1998 (15 U.S.C. 6503) is amended-- (1) in subsection (a), by striking ``section 1303(b)'' and inserting ``subsections (b) and (e) of section 1303''; and (2) in subsection (b)(1), by striking ``subsection (b)'' and inserting ``subsections (b) and (e)''. (d) Actions by States.--Section 1305(a)(1) of the Children's Online Privacy Protection Act of 1998 (15 U.S.C. 6504(a)(1)) is amended by striking ``1303(b)'' and inserting ``subsection (b) or (e) of section 1303''. &lt;all&gt; </pre></body></html>
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118S396
Haiti Criminal Collusion Transparency Act of 2023
[ [ "M000639", "Sen. Menendez, Robert [D-NJ]", "sponsor" ], [ "R000595", "Sen. Rubio, Marco [R-FL]", "cosponsor" ], [ "K000384", "Sen. Kaine, Tim [D-VA]", "cosponsor" ], [ "C001098", "Sen. Cruz, Ted [R-TX]", "cosponsor" ], [ "B001288", "Sen. Booker, Cory A. [D-NJ]", "cosponsor" ], [ "S000148", "Sen. Schumer, Charles E. [D-NY]", "cosponsor" ], [ "S001217", "Sen. Scott, Rick [R-FL]", "cosponsor" ] ]
<html><body><pre>[Congressional Bills 118th Congress] [From the U.S. Government Publishing Office] [S. 396 Introduced in Senate (IS)] &lt;DOC&gt; 118th CONGRESS 1st Session S. 396 To require the Secretary of State to submit an annual report to Congress regarding the ties between criminal gangs and political and economic elites in Haiti and impose sanctions on political and economic elites involved in such criminal activities. _______________________________________________________________________ IN THE SENATE OF THE UNITED STATES February 13, 2023 Mr. Menendez (for himself, Mr. Rubio, Mr. Kaine, Mr. Cruz, and Mr. Booker) introduced the following bill; which was read twice and referred to the Committee on Foreign Relations _______________________________________________________________________ A BILL To require the Secretary of State to submit an annual report to Congress regarding the ties between criminal gangs and political and economic elites in Haiti and impose sanctions on political and economic elites involved in such criminal activities. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Haiti Criminal Collusion Transparency Act of 2023''. SEC. 2. FINDINGS. Congress makes the following findings: (1) According to a United Nations estimate, approximately 167 criminal gangs operated in Haiti in October 2021, exerting territorial control over as much as two-thirds of the country. (2) Haitian armed criminal gangs, the most prominent of which are the G9 Family and Allies and 400 Mawozo gangs, conduct violent crimes, including murder, rape, arms and drug trafficking, racketeering, kidnapping, and blockades of fuel and aid deliveries. These crimes have perpetuated the ongoing security and humanitarian crises in Haiti, which have worsened since the assassination of President Jovenel Moise on July 7, 2021. (3) The United Nations Office of the High Commissioner for Human Rights and the Human Rights Service jointly found a 333 percent increase in human rights violations and abuses against the rights to life and security in Haiti between July 2018 and December 2019. (4) At least 19,000 Haitians were forcibly displaced during 2021 due to rising criminal violence. (5) At least 803 kidnappings were reported in Haiti during the first 10 months of 2021, including the kidnapping of more than 16 United States citizens, giving Haiti having the highest per capita kidnapping rate of any country in the world. (6) There is significant evidence of collusion between criminal gangs and economic and political elites in Haiti, including members of the Haitian National Police, which has resulted in widespread impunity and directly contributed to Haiti's current security crisis. (7) On December 10, 2020, the Office of Foreign Assets Control of the Department of the Treasury designated former Haitian National Police officer Jimmy Cherizier, former Director General of the Ministry of the Interior Fednel Monchery, and former Departmental Delegate Joseph Pierre Richard Duplan under the Global Magnitsky Human Rights Accountability Act (subtitle F of title XII of Public Law 114- 328; 22 U.S.C. 2656 note) for their connections to armed criminal gangs, including organizing the November 2018 La Saline massacre. SEC. 3. REPORTING REQUIREMENTS. (a) Definitions.--In this section: (1) Appropriate congressional committees.--The term ``appropriate congressional committees'' means-- (A) the Committee on Foreign Relations of the Senate; (B) the Select Committee on Intelligence of the Senate; (C) the Committee on Foreign Affairs of the House of Representatives; and (D) the Permanent Select Committee on Intelligence of the House of Representatives. (2) Economic elites.--The term ``economic elites'' means board members, officers, and executives of groups, committees, corporations, or other entities that exert substantial influence or control over Haiti's economy, infrastructure, or particular industries. (3) Intelligence community.--The term ``intelligence community'' has the meaning given such term in section 3(4) of the National Security Act of 1947 (50 U.S.C. 3003(4)). (4) Political and economic elites.--The term ``political and economic elites'' means political elites and economic elites. (5) Political elites.--The term ``political elites'' means current and former government officials and their high-level staff, political party leaders, and political committee leaders. (b) Report Required.-- (1) In general.--Not later than 90 days after the date of the enactment of this Act, and annually thereafter for the following 5 years, the Secretary of State, in coordination with the intelligence community, shall submit a report to the appropriate congressional committees regarding the ties between criminal gangs and political and economic elites in Haiti. The report shall-- (A) identify prominent criminal gangs in Haiti, describe their criminal activities, and identify their primary geographic areas of operations; (B) list Haitian political and economic elites who have links to criminal gangs; (C) describe in detail the relationship between the individuals listed pursuant to subparagraph (B) and the criminal gangs identified pursuant to subparagraph (A); (D) list Haitian political and economic elites with links to criminal activities who are currently subjected to visa restrictions or sanctions by the United States, its international partners, or the United Nations, including information regarding-- (i) the date on which each such Haitian political or economic elite was designated for restrictions or sanctions; (ii) which countries have designated such Haitian political and economic elites for restrictions or sanctions; and (iii) for Haitian political and economic elites who were designated by the United States, the statutory basis for such designation; (E) describe in detail how Haitian political and economic elites use their relationships with criminal gangs to advance their political and economic interests and agenda; (F) include an assessment of how the nature and extent of collusion between political and economic elites and criminal gangs threatens the Haitian people and United States national interests and activities in the country, including the provision of security assistance to the Haitian government; and (G) include an assessment of potential actions that the Government of the United States and the Government of Haiti could take to address the findings made pursuant to subparagraph (F). (2) Form of report.--The report required under paragraph (1) shall be submitted in unclassified form, but may include a classified annex. (c) Designations of Political and Economic Elites.-- (1) In general.--The Secretary of State, in coordination with other relevant Federal agencies and departments, shall identify persons identified pursuant to subparagraphs (A) and (B) of subsection (b)(1) who may be subjected to visa restrictions and sanctions under-- (A) section 7031(c) of the Department of State, Foreign Operations, and Related Programs Appropriations Act, 2022 (division K of Public Law 117-103; 8 U.S.C. 1182 note); or (B) section 1263 of the Global Magnitsky Human Rights Accountability Act (22 U.S.C. 10102). (2) Imposition of sanctions.--Not later than 30 days after the date on which the report is submitted pursuant to subsection (b), the President shall impose, on individuals identified pursuant to paragraph (1), to the extent applicable, the sanctions referred to in subparagraphs (A) and (B) of such paragraph. (3) Waiver.--The President may waive the requirements under paragraphs (1) and (2) with respect to a foreign person if the President certifies and reports to the appropriate congressional committees before such waiver is to take effect that such waiver-- (A) would serve a vital national interest of the United States; or (B) is necessary for the delivery of humanitarian assistance or other assistance that supports basic human needs. (4) Public availability.--The list of persons identified pursuant to subsection (b)(1)(B) shall be posted on a publicly accessible website of the Department of State beginning on the date on which the report required under subsection (b)(1) is submitted to Congress. (d) Sunset.--This section shall cease to have effect on the date that is 5 years after the date of the enactment of this Act. &lt;all&gt; </pre></body></html>
[ "International Affairs", "Caribbean area", "Congressional oversight", "Foreign aid and international relief", "Government ethics and transparency, public corruption", "Government information and archives", "Haiti", "Human rights", "Organized crime", "Sanctions", "Visas and passports" ]
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118S397
Promoting Physical Activity for Americans Act
[ [ "B000944", "Sen. Brown, Sherrod [D-OH]", "sponsor" ], [ "W000437", "Sen. Wicker, Roger F. [R-MS]", "cosponsor" ], [ "C001047", "Sen. Capito, Shelley Moore [R-WV]", "cosponsor" ] ]
<p><b>Promoting Physical Activity for Americans Act</b></p> <p>This bill requires the Department of Health and Human Services (HHS) to continue issuing at least every 10 years physical-activity guidelines based on the most current scientific and medical knowledge.</p> <p>HHS must also publish updated reports that detail evidence-based practices and highlight continuing physical-activity issues between iterations of the guidelines.</p>
<html><body><pre>[Congressional Bills 118th Congress] [From the U.S. Government Publishing Office] [S. 397 Introduced in Senate (IS)] &lt;DOC&gt; 118th CONGRESS 1st Session S. 397 To provide for the publication by the Secretary of Health and Human Services of physical activity recommendations for Americans. _______________________________________________________________________ IN THE SENATE OF THE UNITED STATES February 13, 2023 Mr. Brown (for himself, Mr. Wicker, and Mrs. Capito) introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions _______________________________________________________________________ A BILL To provide for the publication by the Secretary of Health and Human Services of physical activity recommendations for Americans. Be it enacted by the Senate 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 Physical Activity for Americans Act''. SEC. 2. PHYSICAL ACTIVITY RECOMMENDATIONS FOR AMERICANS. (a) Reports.-- (1) In general.--Not later than December 31, 2029, and at least every 10 years thereafter, the Secretary of Health and Human Services (referred to in this section as the ``Secretary'') shall publish a report that provides physical activity recommendations for the people of the United States. Each such report shall contain physical activity information and recommendations for consideration and use by the general public, and shall be considered, as applicable and appropriate, by relevant Federal agencies in carrying out relevant Federal health programs. (2) Basis of recommendations.--The information contained in each report required under paragraph (1) shall be based on the most current evidence-based scientific and medical knowledge at the time the report is prepared, and shall include additional recommendations for population subgroups, such as children or individuals with disabilities, including information regarding engagement in appropriate physical activity and avoiding inactivity. (3) Update reports.--Not later than 5 years after the publication of the first report under paragraph (1), and at least every 10 years thereafter, the Secretary shall publish an updated report detailing evidence-based practices and highlighting continuing issues with respect to physical activity. The contents of reports under this paragraph may focus on a particular group, subsection, or other division of the general public or on a particular issue relating to physical activity. (b) Interaction With Other Recommendations.--Federal agencies proposing to issue physical activity recommendations that differ from the recommendations in the most recent report published under subsection (a)(1) shall, as applicable and appropriate, take into consideration the recommendations provided through reports issued under this Act. (c) Existing Authority Not Affected.--This section is not intended to limit the support of biomedical research by any Federal agency or to limit the presentation or communication of scientific or medical findings or review of such findings by any Federal agency. (d) Limitation.--Notwithstanding any other provision of this Act, no physical fitness standard established under this Act shall be binding on any individual as a matter of Federal law or regulation. &lt;all&gt; </pre></body></html>
[ "Health", "Government information and archives", "Health promotion and preventive care", "Physical fitness and lifestyle" ]
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118S398
A bill to prevent the use of additional Internal Revenue Service funds from being used for audits of taxpayers with taxable incomes below $400,000 in order to protect low- and middle-income earning American taxpayers from an onslaught of audits from an army of new Internal Revenue Service auditors funded by an unprecedented, nearly $80,000,000,000, infusion of new funds.
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<p>This bill prohibits the Internal Revenue Service from using the additional funding for enforcement activities provided by the Inflation Reduction Act of 2022 to conduct audits of taxpayers with taxable incomes below $400,000.</p>
<html><body><pre>[Congressional Bills 118th Congress] [From the U.S. Government Publishing Office] [S. 398 Introduced in Senate (IS)] &lt;DOC&gt; 118th CONGRESS 1st Session S. 398 To prevent the use of additional Internal Revenue Service funds from being used for audits of taxpayers with taxable incomes below $400,000 in order to protect low- and middle-income earning American taxpayers from an onslaught of audits from an army of new Internal Revenue Service auditors funded by an unprecedented, nearly $80,000,000,000, infusion of new funds. _______________________________________________________________________ IN THE SENATE OF THE UNITED STATES February 14, 2023 Mr. Crapo (for himself, Mr. Grassley, Mr. Cornyn, Mr. Thune, Mr. Scott of South Carolina, Mr. Cassidy, Mr. Lankford, Mr. Young, Mr. Barrasso, Mrs. Blackburn, and Mr. Johnson) introduced the following bill; which was read twice and referred to the Committee on Finance _______________________________________________________________________ A BILL To prevent the use of additional Internal Revenue Service funds from being used for audits of taxpayers with taxable incomes below $400,000 in order to protect low- and middle-income earning American taxpayers from an onslaught of audits from an army of new Internal Revenue Service auditors funded by an unprecedented, nearly $80,000,000,000, infusion of new funds. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. LIMITATIONS RELATED TO THE INTERNAL REVENUE SERVICE. (a) In General.--Section 10301 of Public Law 117-169 is amended-- (1) by striking ``In General.--'' and inserting ``(a) In General.--'', and (2) by adding at the end the following: ``(b) Limitations Related to the Internal Revenue Service.--None of the funds appropriated under subsection (a)(1) may be used to audit taxpayers with taxable incomes below $400,000.''. &lt;all&gt; </pre></body></html>
[ "Taxation" ]
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118S399
Saving the Civil Service Act
[ [ "K000384", "Sen. Kaine, Tim [D-VA]", "sponsor" ], [ "F000062", "Sen. Feinstein, Dianne [D-CA]", "cosponsor" ], [ "W000805", "Sen. Warner, Mark R. [D-VA]", "cosponsor" ], [ "C000141", "Sen. Cardin, Benjamin L. [D-MD]", "cosponsor" ], [ "V000128", "Sen. Van Hollen, Chris [D-MD]", "cosponsor" ], [ "S001194", "Sen. Schatz, Brian [D-HI]", "cosponsor" ], [ "M000133", "Sen. Markey, Edward J. [D-MA]", "cosponsor" ], [ "D000622", "Sen. Duckworth, Tammy [D-IL]", "cosponsor" ], [ "H001042", "Sen. Hirono, Mazie K. [D-HI]", "cosponsor" ], [ "K000383", "Sen. King, Angus S., Jr. [I-ME]", "cosponsor" ], [ "S001181", "Sen. Shaheen, Jeanne [D-NH]", "cosponsor" ], [ "C001070", "Sen. Casey, Robert P., Jr. [D-PA]", "cosponsor" ], [ "D000563", "Sen. Durbin, Richard J. [D-IL]", "cosponsor" ], [ "W000802", "Sen. Whitehouse, Sheldon [D-RI]", "cosponsor" ], [ "C000174", "Sen. Carper, Thomas R. [D-DE]", "cosponsor" ], [ "B001277", "Sen. Blumenthal, Richard [D-CT]", "cosponsor" ] ]
<p><b>Saving the Civil Service Act</b></p> <p>This bill prohibits executive agency positions in the competitive service from being placed in the excepted service, unless such positions are placed in Schedules A through E as in effect on September 30, 2020. The bill also prohibits positions in the excepted service from being placed in any schedule other than the aforementioned schedules. </p> <p>Additionally, agencies may not (1) transfer occupied positions from the competitive or excepted service into Schedule C without the consent of the Office of Personnel Management, or (2) transfer employees in the excepted service to another schedule or transfer employees in the competitive service to the excepted service without employee consent. The bill also caps the number of employees that may be transferred from the competitive service to the excepted service during a presidential term to 1% of total employees as of the first day of the term or five employees, whichever is greater.</p> <p>On October 21, 2020, former President Donald Trump issued an executive order titled <i>Creating Schedule F in the Excepted Service</i>. The order placed executive agency positions that are of a confidential, policy-determining, policy-making, or policy-advocating character, and that are not normally subject to change as a result of a presidential transition, under a new schedule in the excepted service (Schedule F) instead of the competitive service. The order also required any such positions in the excepted service to be reclassified to Schedule F. The order was subsequently revoked by President Joe Biden.</p>
<html><body><pre>[Congressional Bills 118th Congress] [From the U.S. Government Publishing Office] [S. 399 Introduced in Senate (IS)] &lt;DOC&gt; 118th CONGRESS 1st Session S. 399 To place limitations on excepting positions from the competitive service, and for other purposes. _______________________________________________________________________ IN THE SENATE OF THE UNITED STATES February 14, 2023 Mr. Kaine (for himself, Mrs. Feinstein, Mr. Warner, Mr. Cardin, Mr. Van Hollen, Mr. Schatz, Mr. Markey, Ms. Duckworth, Ms. Hirono, Mr. King, Mrs. Shaheen, Mr. Casey, Mr. Durbin, Mr. Whitehouse, and Mr. Carper) introduced the following bill; which was read twice and referred to the Committee on Homeland Security and Governmental Affairs _______________________________________________________________________ A BILL To place limitations on excepting positions from the competitive service, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Saving the Civil Service Act''. SEC. 2. LIMITATIONS ON EXCEPTING POSITIONS FROM COMPETITIVE SERVICE AND TRANSFERRING POSITIONS. (a) Definitions.--In this section-- (1) the term ``agency'' means any department, agency, or instrumentality of the Federal Government; (2) the term ``competitive service'' has the meaning given the term in section 2102 of title 5, United States Code; (3) the term ``Director'' means the Director of the Office of Personnel Management; and (4) the term ``excepted service'' has the meaning given the term in section 2103 of title 5, United States Code. (b) Limitations.--A position in the competitive service may not be excepted from the competitive service unless that position is placed-- (1) in any of schedules A through E, as described in section 6.2 of title 5, Code of Federal Regulations, as in effect on September 30, 2020; and (2) under the terms and conditions under part 6 of title 5, Code of Federal Regulations, as in effect on September 30, 2020. (c) Transfers.-- (1) Within excepted service.--A position in the excepted service may not be transferred to any schedule other than a schedule described in subsection (b)(1). (2) OPM consent required.--An agency may not transfer any occupied position from the competitive service or the excepted service into schedule C of subpart C of part 213 of title 5, Code of Federal Regulations, or any successor regulations, without the prior consent of the Director. (3) Limit during presidential term.--During any 4-year presidential term, an agency may not transfer from a position in the competitive service to a position in the excepted service the greater of the following: (A) A total number of employees that is more than 1 percent of the total number of employees employed by that agency, as of the first day of that presidential term. (B) 5 employees. (4) Employee consent required.--Notwithstanding any other provision of this section-- (A) an employee who occupies a position in the excepted service may not be transferred to an excepted service schedule other than the schedule in which that position is located without the prior written consent of the employee; and (B) an employee who occupies a position in the competitive service may not be transferred to the excepted service without the prior written consent of the employee. (d) Other Matters.-- (1) Application.--Notwithstanding section 7425(b) of title 38, United States Code, this section shall apply to a position under chapter 73 or 74 of that title. (2) Report.--Not later than March 15 of each calendar year, the Director shall submit to Congress a report on the immediately preceding calendar year that lists-- (A) each position that, during the year covered by the report, was transferred from the competitive service to the excepted service and a justification as to why each such position was so transferred; and (B) any violation of this section that occurred during the year covered by the report. (e) Regulations.--Not later than 90 days after the date of enactment of this Act, the Director shall issue regulations to implement this section. &lt;all&gt; </pre></body></html>
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118S40
Commission to Study and Develop Reparation Proposals for African Americans Act
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<p><b>Commission to Study and Develop Reparation Proposals for African Americans Act</b></p> <p>This bill establishes the Commission to Study and Develop Reparation Proposals for African Americans. </p> <p>The commission must (1) compile documentary evidence of slavery in the United States; (2) study the role of the federal and state governments in supporting the institution of slavery; (3) analyze discriminatory laws and policies against freed African slaves and their descendants; and (4) recommend ways the United States may recognize and remedy the effects of slavery and discrimination on African Americans, including through a formal apology and compensation (i.e., reparations).</p> <p>The commission consists of individuals from civil society and reparations organizations and individuals appointed by the President and congressional leadership. The commission may hold hearings, subpoena witnesses and records, and contract with other entities to conduct its work. </p> <p>The commission must submit its final report within one year of its first meeting.</p>
<html><body><pre>[Congressional Bills 118th Congress] [From the U.S. Government Publishing Office] [S. 40 Introduced in Senate (IS)] &lt;DOC&gt; 118th CONGRESS 1st Session S. 40 To address the fundamental injustice, cruelty, brutality, and inhumanity of slavery in the United States and the 13 American colonies between 1619 and 1865 and to establish a commission to study and consider a national apology and proposal for reparations for the institution of slavery, its subsequent de jure and de facto racial and economic discrimination against African Americans, and the impact of these forces on living African Americans, to make recommendations to the Congress on appropriate remedies, and for other purposes. _______________________________________________________________________ IN THE SENATE OF THE UNITED STATES January 24 (legislative day, January 3), 2023 Mr. Booker (for himself, Mr. Durbin, Mr. Markey, Mr. Casey, Mr. Merkley, Ms. Hirono, Mrs. Feinstein, Mr. Sanders, Mr. Cardin, Ms. Duckworth, Mr. Kaine, Ms. Baldwin, Mr. Padilla, Mr. Van Hollen, Mr. Whitehouse, Ms. Warren, Ms. Klobuchar, Mr. Brown, Ms. Smith, Mr. Coons, Mr. Blumenthal, and Mrs. Murray) introduced the following bill; which was read twice and referred to the Committee on the Judiciary _______________________________________________________________________ A BILL To address the fundamental injustice, cruelty, brutality, and inhumanity of slavery in the United States and the 13 American colonies between 1619 and 1865 and to establish a commission to study and consider a national apology and proposal for reparations for the institution of slavery, its subsequent de jure and de facto racial and economic discrimination against African Americans, and the impact of these forces on living African Americans, to make recommendations to the Congress on appropriate remedies, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Commission to Study and Develop Reparation Proposals for African Americans Act''. SEC. 2. FINDINGS AND PURPOSE. (a) Findings.--The Congress finds that-- (1) approximately 4,000,000 Africans and their descendants were enslaved in the United States and colonies that became the United States from 1619 to 1865; (2) the institution of slavery was constitutionally and statutorily sanctioned by the Government of the United States from 1789 through 1865; (3) the slavery that flourished in the United States constituted an immoral and inhumane deprivation of Africans' life, liberty, African citizenship rights, and cultural heritage, and denied them the fruits of their own labor; (4) a preponderance of scholarly, legal, community evidentiary documentation and popular culture markers constitute the basis for inquiry into the on-going effects of the institution of slavery and its legacy of persistent systemic structures of discrimination on living African Americans and society in the United States; (5) following the abolition of slavery, governments at the Federal, State, and local levels continued to perpetuate, condone, and often profit from practices that continued to brutalize and disadvantage African Americans, including share cropping, convict leasing, Jim Crow, redlining, unequal education, and disproportionate treatment at the hands of the criminal justice system; and (6) as a result of the historic and continued discrimination, African Americans continue to suffer debilitating economic, educational, and health hardships including having nearly 1,000,000 Black people incarcerated; an unemployment rate more than twice the current White unemployment rate; and an average of less than \1/16\ of the wealth of White families, a disparity which has worsened, not improved, over time. (b) Purpose.--The purpose of this Act is to establish a commission to-- (1) study and develop reparation proposals for African Americans as a result of-- (A) the institution of slavery, including both the Trans-Atlantic and the domestic ``trade'' which existed from 1565 in colonial Florida, and from 1619 within the other colonies that became the United States, through 1865, and which included the Federal and State governments which constitutionally and statutorily supported the institution of slavery; (B) the de jure and de facto discrimination against freed slaves and their descendants from the end of the Civil War to the present, including economic, political, educational, and social discrimination; (C) the lingering negative effects of the institution of slavery and the discrimination described in subparagraphs (A) and (B) on living African Americans and on society in the United States; (D) the manner in which textual and digital instructional resources and technologies are being used to deny the inhumanity of slavery and the crime against humanity of people of African descent in the United States; (E) the role of Northern complicity in the Southern-based institution of slavery; and (F) the direct benefits to societal institutions, public and private, including higher education, corporations, and religious and associational entities; (2) recommend appropriate ways to educate the American public of the Commission's findings; (3) recommend appropriate remedies in consideration of the Commission's findings on the matters described in subparagraphs (A) through (F) of paragraph (1); and (4) submit to the Congress the findings of the study under paragraph (1), together with the recommendations under paragraphs (2) and (3). SEC. 3. ESTABLISHMENT AND DUTIES. (a) Establishment.--There is established the Commission to Study and Develop Reparation Proposals for African Americans (hereinafter in this Act referred to as the ``Commission''). (b) Duties.--The Commission shall perform the following duties: (1) Identify, compile, and synthesize the relevant corpus of evidentiary documentation of the institution of slavery which existed from 1565 in colonial Florida, and from 1619 within the other colonies that became the United States, through 1865. The Commission's documentation and examination under this paragraph shall include the facts related to-- (A) the capture and procurement of Africans; (B) the transport of Africans to the United States and the colonies that became the United States for the purpose of enslavement, including their treatment during transport; (C) the sale and acquisition of Africans as chattel property in interstate and intrastate commerce; (D) the treatment of African slaves in the colonies and the United States, including the deprivation of their freedom, exploitation of their labor, and destruction of their culture, language, religion, and families; (E) the extensive denial of humanity, sexual abuse, and the chatellization of persons; (F) the role the Federal Government and State governments played in supporting the institution of slavery including through constitutional and statutory provisions, including the extent to which the Federal Government and State governments prevented, opposed, or restricted efforts of formerly enslaved Africans and their descendants to repatriate to their homeland; (G) the Federal and State laws that discriminated against formerly enslaved Africans and their descendants who were determined United States citizens from 1868 to the present. (2) Identify the other forms of discrimination in the public and private sectors against freed African slaves and their descendants who were determined United States citizens from 1868 to the present, including redlining, educational funding discrepancies, and predatory financial practices. (3) Identify the lingering negative effects of the institution of slavery and the matters described in subparagraphs (A) through (F) of section 2(b)(1) and paragraphs (1) and (2) on living African Americans and on society in the United States. (4) Recommend appropriate ways to educate the American public of the Commission's findings on the matters described in subparagraphs (A) through (F) of section 2(b)(1) and paragraphs (1), (2), and (3). (5) Recommend appropriate remedies in consideration of the Commission's findings on the matters described in subparagraphs (A) through (F) of section 2(b)(1) and paragraphs (1), (2), and (3). In making such recommendations, the Commission shall address, among other issues, the following questions: (A) How such recommendations comport with international standards of remedy for wrongs and injuries caused by the governments of foreign countries, that include full reparations and special measures, as understood by various relevant international protocols, laws, and findings. (B) How the Federal Government will offer a formal apology on behalf of the people of the United States for the perpetration of gross human rights violations and crimes against humanity on African slaves and their descendants. (C) How Federal laws and policies that continue to disproportionately and negatively affect African Americans as a group, and those that perpetuate the lingering effects, materially and psycho-social, can be eliminated. (D) How the injuries resulting from the matters described in subparagraphs (A) through (F) of section 2(b)(1) and paragraphs (1), (2), and (3) can be reversed and provide appropriate policies, programs, projects and recommendations for the purpose of reversing the injuries. (E) How, in consideration of the Commission's findings, any form of compensation to the descendants of enslaved Africans is calculated. (F) What form of compensation should be awarded, through what instrumentalities should such compensation be awarded, and who should be eligible for such compensation. (G) Whether, in consideration of the Commission's findings, any other measures of rehabilitation or restitution to African descendants is warranted and what the form and scope of those measures should take. (c) Report to Congress.--The Commission shall submit a written report of its findings and recommendations to the Congress not later than the date that is one year after the date of the first meeting of the Commission held pursuant to section 4(c). SEC. 4. MEMBERSHIP. (a) Number and Appointments.-- (1) In general.--The Commission shall be composed of 13 members, who shall be appointed within 90 days after the date of enactment of this Act, as follows: (A) Three members shall be appointed by the President. (B) Three members shall be appointed by the Speaker of the House of Representatives. (C) One member shall be appointed by the President pro tempore of the Senate. (D) Six members shall be selected from the major civil society and reparations organizations that have historically championed the cause of reparatory justice. (2) Qualifications.--All members of the Commission shall be persons who are especially qualified to serve on the Commission by virtue of their education, training, activism, or experience, particularly such education, training, activism, or experience in the field of African-American studies and reparatory justice. (b) Terms.--The term of office for members shall be for the life of the Commission. A vacancy in the Commission shall not affect the powers of the Commission and shall be filled in the same manner in which the original appointment was made. (c) First Meeting.--The President shall call the first meeting of the Commission within 120 days after the date of enactment of this Act or within 30 days after the date on which legislation is enacted making appropriations to carry out this Act, whichever date is later. (d) Quorum.--Seven members of the Commission shall constitute a quorum, but a lesser number may hold hearings. (e) Chair and Vice Chair.--The Commission shall elect a Chair and Vice Chair from among its members. The term of office of each shall be for the life of the Commission. (f) Compensation.-- (1) In general.--Except as provided in paragraph (2), each member of the Commission shall be compensated at a rate not to exceed the daily equivalent of the annual rate of basic pay in effect for a position at level IV of the Executive Schedule under section 5315 of title 5, United States Code, for each day, including travel time, during which that member is engaged in the actual performance of the duties of the Commission. (2) Federal employees.--A member of the Commission who is a full-time officer or employee of the United States or a Member of Congress shall receive no additional pay, allowances, or benefits by reason of the service of the member to the Commission. (3) Travel, subsistence, and other expenses.--All members of the Commission shall be reimbursed for travel, subsistence, and other necessary expenses incurred in the performance of their duties to the extent authorized by chapter 57 of title 5, United States Code. SEC. 5. POWERS OF THE COMMISSION. (a) Hearings and Sessions.--The Commission may, for the purpose of carrying out the provisions of this Act, hold such hearings and sit and act at such times and at such places in the United States, and request the attendance and testimony of such witnesses and the production of such books, records, correspondence, memoranda, papers, and documents, as the Commission considers appropriate. The Commission may invoke the aid of an appropriate United States district court to require, by subpoena or otherwise, such attendance, testimony, or production. (b) Powers of Subcommittees and Members.--Any subcommittee or member of the Commission may, if authorized by the Commission, take any action which the Commission is authorized to take by this section. (c) Obtaining Official Data.--The Commission may acquire directly from the head of any department, agency, or instrumentality of the executive branch of the Federal Government, available information which the Commission considers useful in the discharge of its duties. All departments, agencies, and instrumentalities of the executive branch of the Federal Government shall cooperate with the Commission with respect to such information and shall furnish all information requested by the Commission to the extent permitted by law. SEC. 6. ADMINISTRATIVE PROVISIONS. (a) Staff.--The Commission may, subject to subsection (b), appoint and fix the compensation of such personnel as the Commission considers appropriate. (b) Applicability of Certain Civil Service Laws.--The personnel of the Commission may be appointed without regard to the provisions of title 5, United States Code, governing appointments in the competitive service, and without regard to the provisions of chapter 51 and subchapter III of chapter 53 of such title relating to classification and General Schedule pay rates, except that the rate of compensation of any personnel of the Commission may not exceed the daily equivalent of the annual rate of basic pay in effect for a position at level IV of the Executive Schedule under section 5315 of title 5, United States Code. (c) Experts and Consultants.--The Commission may procure the services of experts and consultants in accordance with the provisions of section 3109(b) of title 5, United States Code, but at rates for individuals not to exceed the daily equivalent of the highest rate payable under section 5332 of such title. (d) Administrative Support Services.--The Commission may enter into agreements with the Administrator of General Services for procurement of financial and administrative services necessary for the discharge of the duties of the Commission. Payment for such services shall be made by reimbursement from funds of the Commission in such amounts as may be agreed upon by the Chair of the Commission and the Administrator. (e) Contracts.--The Commission may-- (1) procure supplies, services, and property by contract in accordance with applicable laws and regulations and to the extent or in such amounts as are provided in appropriations Acts; and (2) enter into contracts with departments, agencies, and instrumentalities of the Federal Government, State agencies, and private firms, institutions, and agencies, for the conduct of research or surveys, the preparation of reports, and other activities necessary for the discharge of the duties of the Commission, to the extent or in such amounts as are provided in appropriations Acts. SEC. 7. TERMINATION. The Commission shall terminate 90 days after the date on which the Commission submits its report to the Congress under section 3(c). SEC. 8. AUTHORIZATION OF APPROPRIATIONS. To carry out the provisions of this Act, there are authorized to be appropriated $12,000,000. &lt;all&gt; </pre></body></html>
[ "Civil Rights and Liberties, Minority Issues", "Advisory bodies", "Civics education", "Constitution and constitutional amendments", "Government liability", "Government studies and investigations", "Human rights", "Racial and ethnic relations", "State and local government operations", "U.S. history", "War crimes, genocide, crimes against humanity" ]
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118S400
Prioritizing Accountability and Accessibility for Aviation Consumers Act of 2023
[ [ "D000622", "Sen. Duckworth, Tammy [D-IL]", "sponsor" ], [ "F000463", "Sen. Fischer, Deb [R-NE]", "cosponsor" ] ]
<p><b>Prioritizing Accountability and Accessibility for Aviation Consumers Act of 2023</b></p> <p>This bill requires the Department of Transportation (DOT) to annually report on aviation consumer complaints related to passengers with a disability. </p> <p>Each report must include (1) the number and nature of complaints filed with DOT related to passengers with a disability during the previous five years, (2) an overview of DOT's complaint review process and how quickly complaints are addressed, and (3) the number of complaints DOT referred to other departments and agencies for enforcement action.</p> <p>These reports must be publicly available. </p>
<html><body><pre>[Congressional Bills 118th Congress] [From the U.S. Government Publishing Office] [S. 400 Introduced in Senate (IS)] &lt;DOC&gt; 118th CONGRESS 1st Session S. 400 To require the Secretary of Transportation to annually report on aviation consumer complaints related to passengers with a disability. _______________________________________________________________________ IN THE SENATE OF THE UNITED STATES February 14, 2023 Ms. Duckworth (for herself and Mrs. Fischer) 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 annually report on aviation consumer complaints related to passengers with a disability. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Prioritizing Accountability and Accessibility for Aviation Consumers Act of 2023''. SEC. 2. ANNUAL REPORT OF THE SECRETARY OF TRANSPORTATION ON AVIATION CONSUMER COMPLAINTS RELATED TO PASSENGERS WITH A DISABILITY. (a) Annual Report.--Not later than 1 year after the date of enactment of this Act, and annually thereafter, the Secretary of Transportation shall submit a report on aviation consumer complaints related to passengers with a disability filed with the Department of Transportation to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives, and shall make each report publicly available. (b) Report.--Each report submitted under subsection (a) shall include, but not be limited to, the following: (1) The number of aviation consumer complaints related to passengers with a disability filed with the Department of Transportation during the 5 most recent calendar years. (2) The nature of such complaints, such as reported issues with-- (A) an air carrier, including an air carrier's staff training or lack thereof; (B) mishandling of passengers with a disability or their accessibility equipment; (C) the condition or lack of accessibility equipment or materials; (D) the accessibility of in-flight services, including accessing and utilizing on-board lavatories, for passengers with a disability; (E) difficulties experienced by passengers with a disability in communicating with an air carrier or staff of an air carrier; (F) difficulties experienced by passengers with a disability in being moved, handled, or having their schedule changed without consent; (G) issues experienced by passengers with a disability traveling with a service animal; and (H) such other issues as the Secretary of Transportation deems appropriate. (3) An overview of the review process for such complaints received during such period. (4) How quickly review for each such complaint was initiated. (5) How quickly each such complaint was resolved or otherwise addressed. (6) Of the complaints that were found to violate section 41705 of title 49, United States Code (commonly known as the ``Air Carrier Access Act of 1986'')-- (A) the number of such complaints for which a formal enforcement order was issued; and (B) the number of such complaints for which a formal enforcement order was not issued. (7) How many aviation consumer complaints related to passengers with a disability were referred to the Department of Justice for an enforcement action under-- (A) section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794); (B) the Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et seq.); or (C) any other provision of law. (8) How many aviation consumer complaints related to passengers with a disability filed with the Department of Transportation that involved airport staff, or other matters under the jurisdiction of the Federal Aviation Administration, were referred to the Federal Aviation Administration. (9) How many aviation consumer complaints related to passengers with a disability filed with the Department of Transportation that involved Transportation Security Administration staff, or other matters under the jurisdiction of the Transportation Security Administration, were referred to the Transportation Security Administration or the Department of Homeland Security. (c) Definitions.-- (1) In general.--The definitions set forth in section 40102 of title 49, United States Code, and section 382.3 of title 14, Code of Federal Regulations, apply to any term defined in such sections that is used in this section. (2) Passengers with a disability defined.--In this section, the term ``passengers with a disability'' has the meaning given the term ``qualified individual with a disability'' in section 382.3 of title 14, Code of Federal Regulations. (d) Authorization of Appropriations.--There is authorized to be appropriated such sums as are necessary to carry out this section. &lt;all&gt; </pre></body></html>
[ "Transportation and Public Works" ]
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118S401
Hearing Protection Act
[ [ "C000880", "Sen. Crapo, Mike [R-ID]", "sponsor" ], [ "R000584", "Sen. Risch, James E. [R-ID]", "cosponsor" ], [ "H000601", "Sen. Hagerty, Bill [R-TN]", "cosponsor" ], [ "H001079", "Sen. Hyde-Smith, Cindy [R-MS]", "cosponsor" ], [ "C001096", "Sen. Cramer, Kevin [R-ND]", "cosponsor" ], [ "C001075", "Sen. Cassidy, Bill [R-LA]", "cosponsor" ], [ "L000575", "Sen. Lankford, James [R-OK]", "cosponsor" ], [ "T000476", "Sen. Tillis, Thomas [R-NC]", "cosponsor" ], [ "M001198", "Sen. Marshall, Roger [R-KS]", "cosponsor" ], [ "K000393", "Sen. Kennedy, John [R-LA]", "cosponsor" ], [ "L000571", "Sen. Lummis, Cynthia M. [R-WY]", "cosponsor" ], [ "W000437", "Sen. Wicker, Roger F. [R-MS]", "cosponsor" ], [ "S001217", "Sen. Scott, Rick [R-FL]", "cosponsor" ], [ "C001047", "Sen. Capito, Shelley Moore [R-WV]", "cosponsor" ], [ "B001236", "Sen. Boozman, John [R-AR]", "cosponsor" ], [ "V000137", "Sen. Vance, J. D. [R-OH]", "cosponsor" ], [ "B001305", "Sen. Budd, Ted [R-NC]", "cosponsor" ], [ "B001310", "Sen. Braun, Mike [R-IN]", "cosponsor" ], [ "B001319", "Sen. Britt, Katie Boyd [R-AL]", "cosponsor" ], [ "D000618", "Sen. Daines, Steve [R-MT]", "cosponsor" ], [ "C001098", "Sen. Cruz, Ted [R-TX]", "cosponsor" ], [ "C001095", "Sen. Cotton, Tom [R-AR]", "cosponsor" ], [ "F000463", "Sen. Fischer, Deb [R-NE]", "cosponsor" ], [ "B001243", "Sen. Blackburn, Marsha [R-TN]", "cosponsor" ], [ "H001089", "Sen. Hawley, Josh [R-MO]", "cosponsor" ], [ "M000934", "Sen. Moran, Jerry [R-KS]", "cosponsor" ], [ "L000577", "Sen. Lee, Mike [R-UT]", "cosponsor" ], [ "H001061", "Sen. Hoeven, John [R-ND]", "cosponsor" ], [ "M001190", "Sen. Mullin, Markwayne [R-OK]", "cosponsor" ] ]
<p><b>Hearing Protection Act </b></p> <p>This bill removes silencers from the definition of<em> firearms</em> for purposes of the National Firearms Act. It also treats persons acquiring or possessing a firearm silencer as meeting any registration and licensing requirements of such Act.</p> <p>The Department of Justice must destroy certain records relating to the registration, transfer, or making of a silencer.</p> <p>The bill also revises the definitions of<em> firearm silencer </em>and<em> firearm muffler </em>under the federal criminal code and includes such items in the 10% excise tax category.</p>
<html><body><pre>[Congressional Bills 118th Congress] [From the U.S. Government Publishing Office] [S. 401 Introduced in Senate (IS)] &lt;DOC&gt; 118th CONGRESS 1st Session S. 401 To amend the Internal Revenue Code of 1986 to remove silencers from the definition of firearms, and for other purposes. _______________________________________________________________________ IN THE SENATE OF THE UNITED STATES February 14, 2023 Mr. Crapo (for himself, Mr. Risch, Mr. Hagerty, Mrs. Hyde-Smith, Mr. Cramer, Mr. Cassidy, Mr. Lankford, Mr. Tillis, Mr. Marshall, Mr. Kennedy, Ms. Lummis, Mr. Wicker, Mr. Scott of Florida, Mrs. Capito, Mr. Boozman, Mr. Vance, Mr. Budd, Mr. Braun, Mrs. Britt, Mr. Daines, Mr. Cruz, Mr. Cotton, Mrs. Fischer, Mrs. Blackburn, Mr. Hawley, and Mr. Moran) introduced the following bill; which was read twice and referred to the Committee on Finance _______________________________________________________________________ A BILL To amend the Internal Revenue Code of 1986 to remove silencers from the definition of firearms, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Hearing Protection Act''. SEC. 2. EQUAL TREATMENT OF SILENCERS AND FIREARMS. (a) In General.--Section 5845(a) of the Internal Revenue Code of 1986 is amended by striking ``(7) any silencer'' and all that follows through ``; and (8)'' and inserting ``and (7)''. (b) Effective Date.--The amendment made by this section shall apply to calendar quarters beginning more than 90 days after the date of the enactment of this Act. SEC. 3. TREATMENT OF CERTAIN SILENCERS. Section 5841 of the Internal Revenue Code of 1986 is amended by adding at the end the following: ``(f) Firearm Silencers.--A person acquiring or possessing a firearm silencer in accordance with chapter 44 of title 18, United States Code, shall be treated as meeting any registration and licensing requirements of the National Firearms Act with respect to such silencer.''. SEC. 4. PREEMPTION OF CERTAIN STATE LAWS IN RELATION TO FIREARM SILENCERS. Section 927 of title 18, United States Code, is amended by adding at the end the following: ``Notwithstanding the preceding sentence, a law of a State or a political subdivision of a State that imposes a tax, other than a generally applicable sales or use tax, on making, transferring, using, possessing, or transporting a firearm silencer in or affecting interstate or foreign commerce, or imposes a marking, recordkeeping, or registration requirement with respect to such a firearm silencer, shall have no force or effect.''. SEC. 5. DESTRUCTION OF RECORDS. Not later than 365 days after the date of the enactment of this Act, the Attorney General shall destroy any registration of a silencer maintained in the National Firearms Registration and Transfer Record pursuant to section 5841 of the Internal Revenue Code of 1986, any application to transfer filed under section 5812 of the Internal Revenue Code of 1986 that identifies the transferee of a silencer, and any application to make filed under section 5822 of the Internal Revenue Code of 1986 that identifies the maker of a silencer. SEC. 6. AMENDMENTS TO TITLE 18, UNITED STATES CODE. Chapter 44 of title 18, United States Code, is amended-- (1) in section 921(a), by striking paragraph (25) and inserting the following: ``(25)(A) The terms `firearm silencer' and `firearm muffler' mean any device for silencing, muffling, or diminishing the report of a portable firearm, including the keystone part of such a device. ``(B) The term `keystone part'-- ``(i) means, with respect to a firearm silencer or firearm muffler, an externally visible part of a firearm silencer or firearm muffler, without which a device capable of silencing, muffling, or diminishing the report of a portable firearm cannot be assembled; and ``(ii) does not include any interchangeable parts designed to mount a firearm silencer or firearm muffler to a portable firearm.''; (2) in section 922(b)-- (A) in paragraph (1), by striking ``shotgun or rifle'' the first place it appears and inserting ``shotgun, rifle, firearm silencer, or firearm muffler''; and (B) in paragraph (3), by striking ``rifle or shotgun'' and inserting ``shotgun, rifle, firearm silencer, or firearm muffler''; and (3) in section 923(i)-- (A) by striking ``Licensed'' and inserting the following: ``(1) In the case of a firearm other than a firearm silencer or firearm muffler, licensed''; and (B) by adding at the end the following: ``(2) In the case of a firearm silencer or firearm muffler, licensed importers and licensed manufacturers shall identify by means of a serial number engraved or cast on the keystone part of the firearm silencer or firearm muffler, in such manner as the Attorney General shall by regulations prescribe, each firearm silencer or firearm muffler imported or manufactured by such importer or manufacturer, except that, if a firearm silencer or firearm muffler does not have a clearly identifiable keystone part or has multiple keystone parts, licensed importers or licensed manufacturers shall submit a request for a marking variance to the Attorney General. The Attorney General shall grant such a request except on showing good cause that marking the firearm silencer or firearm muffler as requested would not further the purposes of this chapter.''. SEC. 7. IMPOSITION OF TAX ON FIREARM SILENCERS OR FIREARM MUFFLERS. (a) In General.--Section 4181 of the Internal Revenue Code of 1986 is amended by adding at the end of the list relating to ``Articles taxable at 10 percent'' the following: ``Firearm silencers or firearm mufflers.''. (b) Firearm Silencers; Firearm Mufflers.--Section 4181 of such Code is amended by adding at the end the following: ``For purposes of this part, the terms `firearm silencer' and `firearm muffler' mean any device for silencing, muffling, or diminishing the report of a portable firearm.''. (c) Conforming Amendments.-- (1) Section 4181 of such Code is amended by striking ``other than pistols and revolvers'' and inserting ``other than articles taxable at 10 percent under this section''. (2) Section 4182(b) of such Code is amended by striking ``firearms, pistols, revolvers, shells, and cartridges'' and inserting ``articles described in section 4181 and''. (3) Section 4182(c)(1) of such Code is amended by striking ``or firearm'' and inserting ``firearm, firearm silencer, or firearm muffler,''. (d) Effective Date.--The amendments made by this section shall apply to articles sold by the manufacturer, producer, or importer in any calendar quarter beginning more than 90 days after the date of the enactment of this Act. &lt;all&gt; </pre></body></html>
[ "Taxation", "Federal preemption", "Firearms and explosives", "Government information and archives", "Licensing and registrations", "Sales and excise taxes", "State and local taxation" ]
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118S402
EEOC Transparency and Accountability Act
[ [ "B001310", "Sen. Braun, Mike [R-IN]", "sponsor" ] ]
<p><b>EEOC Transparency and Accountability Act</b></p> <p>This bill provides statutory authority for the requirement that the Equal Employment Opportunity Commission (EEOC) vote on whether to commence, intervene, or otherwise participate in certain types of litigation, including cases involving issues in which the commission has taken a position that is contrary to the corresponding judicial precedent. (The EEOC adopted a similar resolution in January 2021.)</p> <p>The commission must post information relating to such cases and associated votes on its website.</p>
<html><body><pre>[Congressional Bills 118th Congress] [From the U.S. Government Publishing Office] [S. 402 Introduced in Senate (IS)] &lt;DOC&gt; 118th CONGRESS 1st Session S. 402 To amend title VII of the Civil Rights Act of 1964 to require the Equal Employment Opportunity Commission to approve commencing, intervening in, or participating in certain litigation, and for other purposes. _______________________________________________________________________ IN THE SENATE OF THE UNITED STATES February 14, 2023 Mr. Braun introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions _______________________________________________________________________ A BILL To amend title VII of the Civil Rights Act of 1964 to require the Equal Employment Opportunity Commission to approve commencing, intervening in, or participating in certain litigation, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``EEOC Transparency and Accountability Act''. SEC. 2. APPROVAL OF EEOC LITIGATION COMMENCEMENT, INTERVENTION, OR PARTICIPATION. Section 705 of the Civil Rights Act of 1964 (42 U.S.C. 2000e-4) is amended by adding at the end the following: ``(l)(1) The Commission shall decide by majority vote-- ``(A) whether the Commission will commence or intervene in litigation, for-- ``(i) each case involving an allegation of systemic discrimination or a pattern or practice of discrimination; ``(ii) each case for which the litigation is expected to involve a major expenditure of agency resources, including staffing and staff time, or expenses associated with extensive discovery or expert witnesses; ``(iii) each case presenting an issue on which the Commission has taken a position contrary to precedent in the Judicial Circuit of the United States in which the case will be or has been filed; ``(iv) each case presenting an issue on which the General Counsel proposes to take a position contrary to precedent in the Circuit in which the case will be or has been filed; and ``(v) each case that the General Counsel reasonably believes to be appropriate for a Commission decision on such commencement or intervention, including-- ``(I) cases that implicate areas of the law that are not settled; and ``(II) cases that are likely to generate public controversy; ``(B) for each recommendation regarding whether the Commission will participate as amicus curiae in a case, whether the Commission will so participate; and ``(C) in considering at least 1 litigation recommendation from each district office of the Commission each fiscal year, including litigation recommendations for cases described in subparagraph (A), whether the Commission will commence or intervene in the litigation for each case. ``(2) A member of the Commission shall have the power to require the Commission to decide by majority vote whether the Commission shall commence, intervene in, or participate in any litigation as described in paragraph (1). ``(3) Neither the Commission nor a member of the Commission may delegate the authority provided under paragraph (1) or (2) to any other person. ``(4) Not later than 30 days after the Commission commences, intervenes in, or participates in litigation pursuant to approval under this subsection, the Commission shall post and maintain the following information on its public website with respect to the litigation: ``(A) The court in which the case was brought. ``(B) The name and case number of the case. ``(C) The nature of the allegation. ``(D) The causes of action for the case brought. ``(E) Each Commissioner's vote on commencing, intervening in, or participating in the litigation. ``(5) The Commission shall issue, in a manner consistent with section 713, procedural regulations to carry out this subsection.''. &lt;all&gt; </pre></body></html>
[ "Civil Rights and Liberties, Minority Issues", "Equal Employment Opportunity Commission (EEOC)", "Government ethics and transparency, public corruption", "Government information and archives", "Lawyers and legal services" ]
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118S403
Oral Health Literacy and Awareness Act of 2023
[ [ "L000570", "Sen. Lujan, Ben Ray [D-NM]", "sponsor" ], [ "C001035", "Sen. Collins, Susan M. [R-ME]", "cosponsor" ], [ "C000141", "Sen. Cardin, Benjamin L. [D-MD]", "cosponsor" ] ]
<p><b>Oral Health Literacy and Awareness Act of 2023</b></p> <p>This bill requires the Health Resources and Services Administration (HRSA) to conduct a public education campaign to increase oral health literacy and awareness. HRSA must design the campaign to focus on children, pregnant women, parents, older adults, people with disabilities, and racial and ethnic minorities.</p>
<html><body><pre>[Congressional Bills 118th Congress] [From the U.S. Government Publishing Office] [S. 403 Introduced in Senate (IS)] &lt;DOC&gt; 118th CONGRESS 1st Session S. 403 To amend the Public Health Service Act to authorize a public education campaign across all relevant programs of the Health Resources and Services Administration to increase oral health literacy and awareness. _______________________________________________________________________ IN THE SENATE OF THE UNITED STATES February 14, 2023 Mr. Lujan (for himself, Ms. Collins, and Mr. Cardin) introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions _______________________________________________________________________ A BILL To amend the Public Health Service Act to authorize a public education campaign across all relevant programs of the Health Resources and Services Administration to increase oral health literacy and awareness. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Oral Health Literacy and Awareness Act of 2023''. SEC. 2. ORAL HEALTH LITERACY AND AWARENESS CAMPAIGN. The Public Health Service Act is amended by inserting after section 340G-1 of such Act (42 U.S.C. 256g-1) the following: ``SEC. 340G-2. ORAL HEALTH LITERACY AND AWARENESS. ``(a) Campaign.--The Secretary, acting through the Administrator of the Health Resources and Services Administration, shall establish a public education campaign (referred to in this subsection as the `campaign') across all relevant programs of the Health Resources and Services Administration (including the health center program, oral health workforce programs, maternal and child health programs, the Ryan White HIV/AIDS Program, and rural health programs) to increase oral health literacy and awareness. ``(b) Strategies.--In carrying out the campaign, the Secretary shall identify oral health literacy and awareness strategies that are evidence-based and focused on oral health care education, including education on prevention of oral disease such as early childhood and other caries, periodontal disease, and oral cancer. ``(c) Focus.--The Secretary shall design the campaign to communicate directly with specific populations, including children, pregnant women, parents, the elderly, individuals with disabilities, and ethnic and racial minority populations, including Indians, Alaska Natives, and Native Hawaiians, in a culturally- and linguistically- appropriate manner. ``(d) Outcomes.--In carrying out the campaign, the Secretary shall include a process for measuring outcomes and effectiveness. ``(e) Report to Congress.--Not later than 3 years after the date of enactment of this section, the Secretary shall submit to the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Energy and Commerce of the House of Representatives a report on the outcomes and effectiveness of the campaign. ``(f) Authorization of Appropriations.--To carry out this section, there is authorized to be appropriated $750,000 for each of fiscal years 2024 through 2028.''. &lt;all&gt; </pre></body></html>
[ "Health", "Aging", "Child health", "Congressional oversight", "Dental care", "Disability and paralysis", "Health care quality", "Health programs administration and funding", "Health promotion and preventive care", "Minority health", "Performance measurement", "Women's health" ]
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118S404
Nuclear Waste Informed Consent Act
[ [ "C001113", "Sen. Cortez Masto, Catherine [D-NV]", "sponsor" ], [ "R000608", "Sen. Rosen, Jacky [D-NV]", "cosponsor" ] ]
<html><body><pre>[Congressional Bills 118th Congress] [From the U.S. Government Publishing Office] [S. 404 Introduced in Senate (IS)] &lt;DOC&gt; 118th CONGRESS 1st Session S. 404 To require the Secretary of Energy to obtain the consent of affected State and local governments before making an expenditure from the Nuclear Waste Fund for a nuclear waste repository, and for other purposes. _______________________________________________________________________ IN THE SENATE OF THE UNITED STATES February 14, 2023 Ms. Cortez Masto (for herself and Ms. Rosen) introduced the following bill; which was read twice and referred to the Committee on Environment and Public Works _______________________________________________________________________ A BILL To require the Secretary of Energy to obtain the consent of affected State and local governments before making an expenditure from the Nuclear Waste Fund for a nuclear waste repository, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Nuclear Waste Informed Consent Act''. SEC. 2. DEFINITIONS. In this Act, the terms ``affected Indian tribe'', ``affected unit of local government'', ``high-level radioactive waste'', ``repository'', ``Secretary'', ``spent nuclear fuel'', and ``unit of general local government'' have the meanings given the terms in section 2 of the Nuclear Waste Policy Act of 1982 (42 U.S.C. 10101). SEC. 3. CONSENT-BASED APPROVAL. (a) In General.--The Secretary may not make an expenditure from the Nuclear Waste Fund established under section 302(c) of the Nuclear Waste Policy Act of 1982 (42 U.S.C. 10222(c)) for the costs of the activities described in paragraphs (4) and (5) of section 302(d) of that Act (42 U.S.C. 10222(d)) unless the Secretary has entered into an agreement for a repository with-- (1) the Governor of the State in which the repository is proposed to be located; (2) each affected unit of local government; (3) any unit of general local government contiguous to the affected unit of local government if spent nuclear fuel or high-level radioactive waste will be transported through that unit of general local government for disposal at the repository; and (4) each affected Indian tribe. (b) Conditions on Agreement.--Any agreement for a repository under this Act-- (1) shall be in writing and signed by all parties; (2) shall be binding on the parties; and (3) shall not be amended or revoked except by mutual agreement of the parties. &lt;all&gt; </pre></body></html>
[ "Energy" ]
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118S405
Heating and Cooling Relief Act
[ [ "M000133", "Sen. Markey, Edward J. [D-MA]", "sponsor" ], [ "W000817", "Sen. Warren, Elizabeth [D-MA]", "cosponsor" ], [ "G000555", "Sen. Gillibrand, Kirsten E. [D-NY]", "cosponsor" ], [ "B001277", "Sen. Blumenthal, Richard [D-CT]", "cosponsor" ], [ "B001288", "Sen. Booker, Cory A. [D-NJ]", "cosponsor" ], [ "S000033", "Sen. Sanders, Bernard [I-VT]", "cosponsor" ], [ "P000145", "Sen. Padilla, Alex [D-CA]", "cosponsor" ] ]
<html><body><pre>[Congressional Bills 118th Congress] [From the U.S. Government Publishing Office] [S. 405 Introduced in Senate (IS)] &lt;DOC&gt; 118th CONGRESS 1st Session S. 405 To amend the Low-Income Home Energy Assistance Act of 1981 to increase the availability of heating and cooling assistance, and for other purposes. _______________________________________________________________________ IN THE SENATE OF THE UNITED STATES February 14, 2023 Mr. Markey (for himself, Ms. Warren, Mrs. Gillibrand, Mr. Blumenthal, Mr. Booker, Mr. Sanders, and Mr. Padilla) introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions _______________________________________________________________________ A BILL To amend the Low-Income Home Energy Assistance Act of 1981 to increase the availability of heating and cooling assistance, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Heating and Cooling Relief Act''. SEC. 2. FINDINGS. Congress finds that: (1) Energy remains unaffordable for low-income households. Nationally, low-income households spend a larger portion of their income on home energy costs than other households. The average low-income household's energy burden is 3 times that of other households. The report for the Household Pulse Survey of the Bureau of the Census, issued on December 22, 2021, noted that, for families with incomes of less than $35,000 a year, about 51 percent said that they reduced or went without basic household necessities, such as medicine or food, in order to pay an energy bill, for at least one month in the last year. (2) The Low-Income Housing Energy Assistance Program was authorized by Congress to reduce home energy burdens with heating and cooling assistance. In 2019, only 16 percent of income-eligible households received a subsidy under the program. (3) Climate change is fueling increasingly intense winter storms and extreme temperatures. (4) Heat waves are increasingly common as climate change accelerates, and now occur more often in major cities across the United States. The average heat wave season across 50 cities is approximately 47 days longer now than it was in the 1960s. As a result, the Federal Government should provide further cooling assistance for communities in need. (5) The loss of home energy service due to high energy burdens is one of the primary reasons for homelessness, especially for families with children. In some housing contexts, loss of home energy service is a grounds for eviction. (6) The Federal Government should expand and update the Low-Income Home Energy Assistance Program, as part of a robust Federal social safety net, to-- (A) protect families against unaffordable home energy bills and home energy shutoffs, by providing sufficient funding and imposing regulations where necessary; (B) ensure all low- and moderate-income families have access to affordable home cooling powered by renewable energy, which will enable households to adapt to rising temperatures due to climate change and promote climate resiliency; (C) enhance outreach-- (i) by including nontraditional partners, including home energy suppliers, local educational agencies, and entities carrying out other programs for low-income people, to assist with signups; and (ii) by adding stronger provisions for presumed eligibility and waiving documentation requirements for eligibility; and (D) further Federal efforts to weatherize housing for low- and moderate-income households, to help families struggling to pay their home energy bills and to meet national clean energy goals. SEC. 3. FUNDING. Section 2602 of the Low-Income Home Energy Assistance Act of 1981 (42 U.S.C. 8621) is amended-- (1) in subsection (b)-- (A) by striking ``section 2607A)'' and inserting ``section 2604(f), 2607A, 2607B, or 2607C)''; and (B) by striking ``$2,000,000,000'' and all that follows and inserting ``$400,000,000,000 for the period of fiscal years 2024 through 2033.''; (2) in subsection (e), by inserting ``, or arising, for purposes of section 2604(e)(2), from a major disaster or emergency, as defined in section 2604(e)(2)(A)'' before the period at the end; and (3) by adding at the end the following: ``(f) There is authorized to be appropriated to carry out section 2604(f), $1,000,000,000 for each of fiscal years 2024 through 2033. ``(g) There is authorized to be appropriated to carry out section 2607C, including making grants under that section, $1,000,000,000 for each of fiscal years 2024 through 2033.''. SEC. 4. DEFINITIONS. Section 2603 of the Low-Income Home Energy Assistance Act of 1981 (42 U.S.C. 8622) is amended-- (1) by redesignating paragraphs (4) through (6), (7) through (10), and (11), as paragraphs (5) through (7), (9) through (12), and (14), respectively; (2) by inserting after paragraph (3) the following: ``(4) The term `HEAP coordinator' means an employee-- ``(A) who administers a program funded under section 2602(b); and ``(B) whose salary is paid, partly or wholly, with funds made available under that section.''; (3) by inserting after paragraph (7), as so redesignated, the following: ``(8) The term `local coordinating agency' means any local organization or local office that receives funds under section 2602(b) to perform customer intake, or approval of benefits, on behalf of the State agency.''; and (4) by inserting after paragraph (12), as so redesignated, the following: ``(13) The term `State agency' means any State agency that administers the program funded under section 2602(b).''. SEC. 5. EMERGENCIES. Section 2604(e) of the Low-Income Home Energy Assistance Act of 1981 (42 U.S.C. 8623(e)) is amended-- (1) by striking ``(e)'' and inserting ``(e)(1)''; and (2) by adding at the end the following: ``(2)(A) In this paragraph: ``(i) The term `covered household' means an eligible household in an area where the President, or the Secretary, as the case may be, has declared a major disaster or emergency. ``(ii) The term `major disaster or emergency' means-- ``(I) a major disaster or emergency declared under section 401 or 501, respectively, of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170, 5191); or ``(II) a public health emergency declared under section 319 of the Public Health Service Act (42 U.S.C. 247d). ``(B) Upon a declaration described in subparagraph (A) for an area, the Secretary and the Administrator of the Federal Emergency Management Agency shall, to the extent practicable, provide heating or cooling assistance to covered households in that area. ``(C) In particular, in the event of a major disaster or other emergency due to a period of extreme heat (as described in section 2604(f)(1)) or cold in an area, the Secretary and the Administrator shall, to the extent practicable, provide cooling or heating assistance to covered households in that area.''. SEC. 6. ADDITIONAL COOLING ASSISTANCE FOR HEAT WAVES. Section 2604 of the Low-Income Home Energy Assistance Act of 1981 (42 U.S.C. 8623) is amended by adding at the end the following: ``(f)(1) In this subsection: ``(A) The term `additional cooling assistance' means cooling assistance provided under this subsection. ``(B) The term `extreme heat' means heat that exceeds local climatological norms in terms of any 1 or more of the following: ``(i) Duration. ``(ii) Intensity. ``(iii) Season length. ``(iv) Frequency. ``(C) The term `heat' means any 1 or more of the parameters associated with increasing human temperature, such as air temperature, humidity, solar exposure, and low wind speed. ``(D) The term `heat event' means an occurrence of extreme heat that may have heat-health implications. ``(E) The term `heat-health' means health effects to humans from heat, during or outside of heat events, including from vulnerability and exposure, or the risk of such effects. ``(2) From funds made available under section 2602(f), the Secretary may provide grants to eligible entities, which shall be States, territories, or Indian Tribes, for additional cooling assistance for heat events. ``(3) The Secretary shall determine an allocation plan for providing eligible entities with funding through the grants to help eligible households respond to heat events. ``(4) To receive assistance under this subsection, an eligible entity shall provide assurances to the Secretary that-- ``(A) the eligible entity will not preclude a household that receives heating assistance under this title during a calendar year, on the basis of obtaining that assistance, from receiving cooling assistance under this title during that year; and ``(B) the eligible entity will not require a household to indicate that a household member has a medical need for cooling assistance under this title, to be eligible for that assistance. ``(5) A eligible entity that receives additional cooling assistance may use the assistance for purposes for which cooling assistance is available under the program funded under section 2602(b), including for providing energy-efficient air conditioners, and other equipment needed for home cooling, to eligible households.''. SEC. 7. ELIGIBLE HOUSEHOLDS. Section 2605 of the Low-Income Home Energy Assistance Act of 1981 (42 U.S.C. 8624) is amended-- (1) in subsection (b)(2)-- (A) in the matter preceding subparagraph (A), by inserting ``, subject to subsection (c)(1)(A),'' after ``only''; (B) in subparagraph (B), by striking ``(B)'' and all that follows through clause (ii) and inserting the following: ``(B) households with-- ``(i) incomes which do not exceed the greater of-- ``(I) an amount equal to 250 percent of the poverty line that is defined and revised as described in section 673 of the Community Services Block Grant Act (42 U.S.C. 9902); or ``(II) an amount equal to 80 percent of the State median income; or ``(ii) a monthly energy burden of 3 percent or more, as averaged across the calendar year preceding the determination under this paragraph,''; and (C) in the matter following subparagraph (B), by inserting before the semicolon the following: ``, and the State may not exclude a household from eligibility on the basis of citizenship of 1 or more of the household members''; (2) in subsection (c)(1)(A), by striking ``assistance to be provided under this title, including criteria'' and inserting ``assistance to be provided under this title, including-- ``(i) certifying that the State and local coordinating agencies in the State-- ``(I) will allow applicants for the assistance, to the greatest extent possible, to self-attest that the applicants meet the criteria in this title for an eligible household; and ``(II) will not require the applicants to submit proof of income, citizenship, or need, to establish status as an eligible household; and ``(ii) describing criteria''; (3) in subsection (f), by adding at the end the following: ``(3) For purposes of section 401(c), and the remainder of title IV, of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (8 U.S.C. 1611(a), 1601 et seq.) assistance under this title should not be considered to be a Federal public benefit.''; and (4) in subsection (j), by striking ``the State may apply'' and inserting ``the State may, subject to subsection (c)(1)(A)(i), apply''. SEC. 8. CONDITIONS FOR FUNDING. Section 2605 of the Low-Income Home Energy Assistance Act of 1981 (42 U.S.C. 8624) is amended-- (1) in subsection (b)-- (A) in paragraph (1)(C), by inserting before the semicolon the following: ``, using toxin-free materials that do not contain asthmagens or respiratory sensitizers, giving priority in the use of those funds, to the greatest extent practicable, to supporting emergency home repairs that foster energy efficiency, decarbonization, and climate resilience, including through beneficial electrification of heating and cooling''; (B) in paragraph (7)-- (i) in subparagraph (C), by striking ``and'' at the end; and (ii) by adding at the end the following: ``(E) ensure that-- ``(i) the home energy supplier will not charge late fees for any payment, by a household receiving assistance through the program funded under section 2602(b), during the period beginning 6 months before and ending 6 months after a date on which the supplier receives funds through the program for the household; and ``(ii) if the supplier receives funds through the program for such a household and charged such late fees during that period, the supplier shall refund the fees to the household not later than 7 days after the date the supplier receives the funds; ``(F) ensure that the home energy supplier will not shut off home energy from a household that received assistance through the program funded under section 2602(b), within the 1-year period beginning on the date the household received the assistance; ``(G) ensure that the home energy supplier, in return for receiving assistance through the program funded under section 2602(b)-- ``(i) will provide to the State data on households that have not paid their home energy bills, to enable the State and the supplier to carry out coordinated outreach concerning assistance available through the program funded under section 2602(b); and ``(ii) will, when sending a notice of late payments to such households, include information on such assistance, on how to access such assistance through the HEAP program, and on eligibility criteria for the program; and ``(H) ensure that the home energy supplier will, not later than 2 years after the date of enactment of the Heating and Cooling Relief Act, in return for receiving assistance under the program funded under section 2602(b) and through a partnership with the State, offer percentage of income payment plans;''; and (C) in paragraph (9)-- (i) in subparagraph (A)-- (I) by striking ``10 percent'' and inserting ``15 percent''; and (II) by striking ``and'' at the end; and (ii) by adding at the end the following: ``(C) in planning and administering that program, the State shall use the portion of the amount described in subparagraph (A), that exceeds 10 percent of the funds described in subparagraph (A), to expand the State program funded under section 2602(b) so that the State operates the program on a year-round basis; and ``(D) in planning and administering that program, the State-- ``(i) shall make technological changes to allow, not later than 5 years after the date of enactment of the Heating and Cooling Relief Act, for online submission of applications for assistance through that program; and ``(ii) shall, to the extent practicable-- ``(I) conduct outreach activities, including activities to increase enrollment as described in subsection (m); ``(II) ensure that all HEAP coordinators in the State receive wages, for administration funded under section 2602(b), at not less than the greater of $15 per hour or the applicable Federal, State, or local minimum wage rate; ``(III) conduct training; ``(IV) as needed, conduct outreach relating to the program funded under section 2602(b) to rural electric cooperatives, home energy suppliers owned by a political subdivision of a State, such as a municipally owned electric utility, and home energy suppliers owned by any agency, authority, corporation, or instrumentality of a political subdivision of a State; and ``(V) explore opportunities for auto-enrollment of eligible households into the program funded under section 2602(b), and in the process document any potential barriers to auto- enrollment that need to be clarified or otherwise addressed at the Federal level;''; (2) in subsection (c)(1)-- (A) in subparagraph (G), by striking ``and'' at the end; (B) by redesignating subparagraph (H) as subparagraph (I); and (C) by inserting after subparagraph (G) the following: ``(H) describes how the State will expand the State program funded under section 2602(b) so that the State operates the program on a year-round basis in accordance with subsection (b)(9)(C) and the measures the State has taken so far to carry out this expansion; and''; and (3) by adding at the end the following: ``(m) The Secretary shall allow, to the greatest extent possible, the self-attestation, and shall not require the proof, described in subsection (c)(1)(A)(i). ``(n) The Secretary shall, by grant or contract, provide for a study that examines the rates of home energy shutoffs and assessments of late fees among eligible households, relative to those rates for households that are not eligible households, over a period of several years. ``(o) The Secretary shall provide technical assistance to States to support partnerships described in subsection (b)(7)(H). ``(p)(1) The Secretary, in consultation with the Secretary of Education, shall issue guidance for use of funds for administrative activities described in subsection (b)(9) to increase, through partnerships with elementary schools, secondary schools, and local educational agencies, enrollment in the program carried out with funds made available under section 2602(b) among eligible households that include children and that have high energy burdens. ``(2) The Secretary shall issue guidance for use by States on outreach relating to assistance through the program funded under section 2602(b) to high-risk individuals, with relevant medical conditions, that benefit from the use of medical equipment that requires electricity, including a ventilator, an oxygen concentrator, or another medical device. ``(3) The Secretary shall issue guidance for use by States on how to ensure that eligible households are aware of additional grants, tax credits, and rebates, made available under Public Law 117-169.''. SEC. 9. WEATHERIZATION. Section 2605(k) of the Low-Income Home Energy Assistance Act of 1981 (42 U.S.C. 8624(k)) is amended-- (1) in paragraph (1), by striking ``15 percent'' and inserting ``25 percent''; and (2) in paragraph (2)-- (A) in subparagraph (A), in the matter preceding clause (i)-- (i) by striking ``subparagraph (B)'' and inserting ``subparagraph (C)''; and (ii) by striking ``the greater of 25 percent'' and inserting ``a portion equal to the greater of 35 percent''; (B) by redesignating subparagraph (B) as subparagraph (C); and (C) by inserting after subparagraph (A) the following: ``(B) The State-- ``(i) shall, to the extent practicable-- ``(I) use the portion described in subparagraph (A) for energy-related home repair that reduces dependence on fossil fuel energy sources; and ``(II) use the portion to facilitate the use of funds made available under section 2602(b) to increase the participation of eligible households in community solar programs, or to otherwise increase access to and ownership of distributed renewable energy infrastructure among eligible households; and ``(ii) shall if possible give the highest priority to using the portion for home repair that replaces appliances that rely on fossil fuels with appliances that use electric heating or cooling technology, powered by renewable energy.''. SEC. 10. HOME ENERGY ARREARS. Section 2605 of the Low-Income Home Energy Assistance Act of 1981 (42 U.S.C. 8624), as amended, is further amended by adding at the end the following: ``(q)(1) In providing assistance through the program funded under section 2602(b), a State, or any other person with which the State makes arrangements to carry out the objectives of this title, shall provide assistance (in addition to any other assistance available) for home energy arrears for any eligible household. ``(2) Not later than 1 year after the date of enactment of the Heating and Cooling Relief Act, the Secretary shall, in consultation with the Secretary of Energy, issue guidance on best practices for States (including through partnerships with home energy suppliers) to pay for home energy arrears with assistance provided through the program, including by paying for such arrears at the time of dissemination of that assistance. ``(3) To the extent practicable, the Secretary and the Secretary of Energy, shall jointly-- ``(A) implement a data tracking system to collect aggregate data regarding the number of eligible households in arrears and their respective energy burdens and develop recommendations to HEAP coordinators on how to minimize energy burdens for the households; and ``(B) issue guidance to home energy suppliers with recommendations for working with State agencies to address home energy arrears of eligible households.''. SEC. 11. PROGRAM NAME CHANGE. (a) LIHEAP.--The Low-Income Home Energy Assistance Act of 1981 is amended-- (1) in section 2607A(b) (42 U.S.C. 8626a(b)), in the matter preceding paragraph (1), by striking ``low-income'' the first place it appears; and (2) in section 2607B(e)(2)(B)(ii) (42 U.S.C.8626b(e)(2)(B)(ii)), by striking ``Low-Income''. (b) Other Law.--A reference in any other Federal law (other than that Act), Executive order, rule, regulation, or delegation of authority, or any document, of or relating to the Low-Income Home Energy Assistance Program, shall be deemed to refer to the Home Energy Assistance Program. SEC. 12. JUST TRANSITION GRANTS. The Low-Income Home Energy Assistance Act of 1981 is amended by inserting after section 2607B (42 U.S.C. 8626b) the following: ``SEC. 2607C. HEAP JUST TRANSITION GRANTS. ``(a) Grant Program.--The Secretary and the Secretary of Energy shall jointly carry out a grant program under this section. In carrying out the program, the Secretaries shall make grants to States and local governments to support the development and implementation of interagency plans to reduce energy burdens for eligible households with high home energy use. The plans shall promote the reduction of those burdens in a manner that supports a just transition away from fossil fuel energy and protects eligible households from the threats of climate change. The Secretaries shall make the grants for a period of 3 years. ``(b) Preferences.--In making the grants, the Secretary shall give a preference to States, and local governments, who set up coordination systems-- ``(1) to identify eligible households, that are recipients of assistance through the program funded under section 2602(b), with high home energy use; ``(2) to prioritize those eligible households to receive emergency repair, weatherization, and retrofit assistance that results in decarbonization and reductions in energy use; and ``(3) to partner with entities carrying out workforce development initiatives, unions, or minority or women-owned business enterprises to provide emergency repairs, weatherization, and retrofit assistance. ``(c) Report to Congress.--At the conclusion of the 3-year grant period, the Secretaries shall-- ``(1) conduct an evaluation of the program's outcomes; and ``(2) prepare and submit to Congress a report containing the results of the evaluation and policy recommendations.''. &lt;all&gt; </pre></body></html>
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118S406
Promoting Public Health Information Act
[ [ "M001169", "Sen. Murphy, Christopher [D-CT]", "sponsor" ], [ "L000570", "Sen. Lujan, Ben Ray [D-NM]", "cosponsor" ] ]
<p><strong>Promoting Public Health Information Act</strong></p> <p>This bill sets out programs and activities to support the communication and dissemination of evidence-based public health information, with a particular focus on communication during public health emergencies.</p> <p>Specifically, it temporarily establishes an advisory committee to report on and make recommendations about, for example, the role and impact of misinformation on responses to public health emergencies and strategies to improve communication during such emergencies. The committee terminates four years after the bill's enactment.</p> <p>Additionally, the Department of Health and Human Services must support the development of initiatives that promote fact-based public health and medical information to the public and educate the public on identifying misinformation.</p>
<html><body><pre>[Congressional Bills 118th Congress] [From the U.S. Government Publishing Office] [S. 406 Introduced in Senate (IS)] &lt;DOC&gt; 118th CONGRESS 1st Session S. 406 To establish the Public Health Information and Communications Advisory Committee for purposes of providing recommendations and reports, and to support educational initiatives on communication and dissemination of information during public health emergencies. _______________________________________________________________________ IN THE SENATE OF THE UNITED STATES February 14, 2023 Mr. Murphy (for himself and Mr. Lujan) introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions _______________________________________________________________________ A BILL To establish the Public Health Information and Communications Advisory Committee for purposes of providing recommendations and reports, and to support educational initiatives on communication and dissemination of information during public health emergencies. Be it enacted by the Senate 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 Public Health Information Act''. SEC. 2. STRENGTHENING PUBLIC HEALTH COMMUNICATION. Section 319F of the Public Health Service Act (42 U.S.C. 247d-6) is amended-- (1) in subsection (b), to read as follows: ``(b) Public Health Information and Communications Advisory Committee.-- ``(1) In general.--The Secretary shall establish an advisory committee to be known as the Public Health Information and Communications Advisory Committee (referred to in this subsection as the `Advisory Committee'). ``(2) Duties.--The Advisory Committee shall make recommendations to the Secretary and report on-- ``(A) critical aspects of communication and dissemination of scientific and evidence-based public health information during public health emergencies, including-- ``(i) the role and impact of misinformation on the response to such public health emergencies; ``(ii) the role of risk communication before and during such public health emergencies; and ``(iii) other relevant factors, as the Secretary determines appropriate; ``(B) information from academic institutions, community-based organizations, and other nongovernmental organizations related to evidence-based or evidence-informed strategies and best practices to effectively communicate and disseminate such information; and ``(C) strategies to improve communication and dissemination of scientific and evidence-based public health information to the public, and, as appropriate, to address misinformation during public health emergencies, including strategies to-- ``(i) identify the most effective methods for the dissemination of information during a public health emergency; ``(ii) determine best practices and communicate information to populations that may be impacted by such misinformation; and ``(iii) adapt approaches for the dissemination of information, as appropriate, to address emerging trends related to misinformation. ``(3) Composition.--The Advisory Committee shall be composed of-- ``(A) appropriate Federal officials, appointed by the Secretary, who shall serve as nonvoting members; and ``(B) individuals, appointed by the Secretary, with expertise in public health, medicine, communications, related technology, psychology, national security, and other areas, as the Secretary determines appropriate, who shall serve as voting members. ``(4) Dissemination.--The Secretary shall review the recommendations of the Advisory Committee and, not later than 180 days after receipt of the report under paragraph (2), shall submit to the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Energy and Commerce of the House of Representatives a report describing any actions planned by the Secretary related to the communication and dissemination of scientific and evidence-based public health information, including addressing misinformation, as appropriate. ``(5) Termination.--The Advisory Committee shall terminate 4 years after the date of enactment of the Promoting Public Health Information Act.''; (2) by redesignating subsection (f) as subsection (g); (3) by inserting after subsection (e) the following: ``(f) Educational Initiatives.-- ``(1) In general.--The Secretary shall award assistance for the development of evidence-based initiatives to promote fact- based public health and medical science information to the public and educate the public on how to identify misinformation, disinformation, and credible information. ``(2) Consultation.--In developing the initiatives under this subsection, the Secretary shall consult with-- ``(A) the Public Health Information and Communications Advisory Committee established under subsection (b); ``(B) experts in the fields of public health and medicine, communication, technology, behavioral science, and other relevant disciplines as appropriate; and ``(C) relevant Federal agencies, as appropriate. ``(3) Requirements.--The initiatives established under this subsection shall-- ``(A) be an evidence-based or evidence-informed media and public engagement initiative that includes partnerships with national and local organizations; ``(B) ensure that official scientific and public health guidance is accessible and communicated effectively to the public with specific focus on populations that are underserved or with low health literacy; and ``(C) ensure that activities are tailored towards subgroups that are being targeted for health misinformation and disinformation, or are especially susceptible to health misinformation and disinformation, in a culturally- and linguistically- appropriate manner.''; and (4) by adding at the end of subsection (g), as so redesignated, the following: ``(3) Funding for advisory committee and educational initiatives.--There are authorized to be appropriated $45,000,000 for each of fiscal years 2023 through 2027 for purposes of carrying out subsections (b) and (f).''. &lt;all&gt; </pre></body></html>
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118S407
SAFE Hospitals Act of 2023
[ [ "R000595", "Sen. Rubio, Marco [R-FL]", "sponsor" ] ]
<p><b>State Accountability, Flexibility, and Equity for Hospitals Act of 2023 or the SAFE Hospitals Act of </b><b>2023</b></p> <p>This bill alters Medicaid requirements relating to payment for inpatient hospital services that are provided by disproportionate share hospitals (DSHs). (DSHs are hospitals that receive additional payment under Medicaid for treating a large share of low-income patients.)</p> <p>Among other changes, the bill requires state Medicaid programs to adopt a payment methodology that meets certain criteria, including by prioritizing payments based on the DSH tier for which the hospital qualifies; tiers are determined based on factors such as the hospital's Medicaid inpatient utilization rate. </p> <p>The bill also incorporates state poverty ratios (i.e., the number of qualifying low-income individuals in a state compared to all states) into the formula for determining state DSH allotments under Medicaid. The bill phases in application of the revised formula over the course of 10 to 15 years. </p>
<html><body><pre>[Congressional Bills 118th Congress] [From the U.S. Government Publishing Office] [S. 407 Introduced in Senate (IS)] &lt;DOC&gt; 118th CONGRESS 1st Session S. 407 To amend title XIX of the Social Security Act to establish a methodology for determining State allotments for Medicaid disproportionate share hospital payments that is based on State poverty levels, to require States to prioritize disproportionate share hospital payments on the basis of Medicaid inpatient utilization and low-income utilization rates, and for other purposes. _______________________________________________________________________ IN THE SENATE OF THE UNITED STATES February 14, 2023 Mr. Rubio introduced the following bill; which was read twice and referred to the Committee on Finance _______________________________________________________________________ A BILL To amend title XIX of the Social Security Act to establish a methodology for determining State allotments for Medicaid disproportionate share hospital payments that is based on State poverty levels, to require States to prioritize disproportionate share hospital payments on the basis of Medicaid inpatient utilization and low-income utilization rates, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``State Accountability, Flexibility, and Equity for Hospitals Act of 2023'' or the ``SAFE Hospitals Act of 2023''. SEC. 2. DETERMINATION OF STATE DSH ALLOTMENTS BASED ON STATE POVERTY LEVELS. Section 1923(f) of the Social Security Act (42 U.S.C. 1396r-4(f)) is amended-- (1) in paragraph (3)-- (A) in the paragraph heading, by striking ``year 2003 and thereafter'' and inserting ``years 2003 through 2025''; (B) in subparagraph (A)-- (i) by striking ``, (7), and (8)'' and inserting ``and (7)''; and (ii) by inserting ``through fiscal year 2025'' after ``each succeeding fiscal year''; (C) in subparagraph (C)(ii), by inserting ``through fiscal year 2025'' after ``each succeeding fiscal year''; and (D) in subparagraph (E)(i)(III), by inserting ``or paragraph (7), as applicable,'' after ``this paragraph''; (2) in paragraph (4)(C), by inserting ``or paragraph (7), as applicable,'' after ``paragraph (3)''; (3) in paragraph (5)(B)-- (A) in the subparagraph heading, by striking ``and subsequent fiscal years'' and inserting ``through fiscal year 2025''; and (B) in clause (iii), by inserting ``through fiscal year 2025'' after ``any subsequent fiscal year''; (4) in clause (iii) of paragraph (6)(B)-- (A) in the clause heading, by inserting ``through fiscal year 2025'' after ``succeeding fiscal years''; and (B) in subclause (II)-- (i) in the subclause heading, by inserting ``through fiscal year 2025'' after ``succeeding fiscal years''; and (ii) by inserting ``through fiscal year 2025'' after ``each fiscal year thereafter''; (5) by striking paragraphs (7) and (8) and inserting the following: ``(7) State dsh allotments for fiscal years after fiscal year 2025.-- ``(A) In general.--Subject to subparagraphs (B), (C), and (D), beginning with fiscal year 2026, the DSH allotment for a State and fiscal year shall be the amount equal to the product of-- ``(i) the State poverty ratio (as determined under subparagraph (E)(ii)) for the State and fiscal year; and ``(ii) the DSH allotment cap (as determined under subparagraph (E)(i)) for the fiscal year. ``(B) Phase-in of poverty-based formula.-- ``(i) In general.--During the period of fiscal years described in clause (ii), the Secretary shall phase in the application of the determination of DSH allotments under subparagraph (A) in a manner that ensures that-- ``(I) in no case is the DSH allotment for a State for a fiscal year during such period less than 90 percent of the DSH allotment for the State for the previous fiscal year (without regard to whether the State used the full amount of the DSH allotment for the previous fiscal year); and ``(II) the total amount of DSH allotments made to all States for any fiscal year during such period does not exceed the DSH allotment cap determined for the fiscal year under subparagraph (E)(i). ``(ii) Phase-in period.--The period of fiscal years described in this clause is the period that begins with fiscal year 2026 and ends with-- ``(I) fiscal year 2035; or ``(II) at the Secretary's discretion, any of fiscal years 2036 through 2040. ``(iii) Development of methodology.--The Secretary shall promulgate final regulations that establish the methodology for determining State DSH allotments under clause (i) not later than January 1, 2025. ``(C) State allotment flexibility option.-- ``(i) In general.--A State may elect to increase or reduce the amount of the DSH allotment for the State and a fiscal year (as otherwise determined under this paragraph) for the purpose of providing certainty or more consistent DSH funding in subsequent fiscal years in accordance with this subparagraph. ``(ii) State option to reserve allotment amounts.--For any fiscal year after fiscal year 2025, a State may request that the DSH allotment for the State and fiscal year (as otherwise determined under this paragraph) be reduced by an amount that shall not exceed 10 percent of the amount of the allotment as so determined. ``(iii) State option to increase dsh allotment from allotment reserve.--For any fiscal year after fiscal year 2026, a State may request that the DSH allotment for the State and fiscal year (as otherwise determined under this paragraph) be increased by an amount that shall not exceed the DSH reserve amount for the State and fiscal year. ``(iv) DSH reserve amount.-- ``(I) In general.--Subject to subclause (II), the DSH reserve amount for a State and fiscal year shall be equal to the sum of the amounts, if any, of any reductions to the State's DSH allotment (as otherwise determined under this paragraph) made in each of the preceding 5 fiscal years pursuant to a request under clause (ii). ``(II) Subtraction of increases from dsh reserve amount.--The amount of any increase to a State's DSH allotment for a fiscal year made pursuant to a request under clause (iii) shall be subtracted from the State's DSH reserve amount for such year and shall not be available to the State in subsequent fiscal years. ``(III) Rule of application.--In the case of an increase to a State's DSH allotment for a fiscal year that is less than the State's DSH reserve amount for such year, the Secretary shall apply subclause (II) in a manner that maximizes the DSH reserve amount that will remain available to the State in subsequent fiscal years. ``(v) Disregard of adjustments.--Any increase or reduction under this subparagraph to the DSH allotment of a State for a fiscal year shall be disregarded when otherwise determining State DSH allotments under this paragraph. ``(D) Treatment of waivers.-- ``(i) In general.--Subject to clause (ii), with respect to a State and a fiscal year, if the State has in effect on the date of enactment of the SAFE Hospitals Act of 2023 a statewide waiver of requirements of this title under section 1115 or other law and any part of the fiscal year occurs during the period of the waiver (as approved as of such date), the DSH allotment determined under this paragraph for such State and fiscal year shall not be less than the DSH allotment that would have been determined for such State and fiscal year under this section as in effect on the day before the date of enactment of the SAFE Hospitals Act of 2023, reduced, in the case of each of fiscal years 2026 through 2029, by the amount of the State's share of the reductions which would have been applicable for the fiscal year under paragraph (7) of this subsection (as so in effect), as estimated by the Secretary. ``(ii) Total allotments not to exceed dsh allotment cap.--The Secretary shall apply this subparagraph in such a manner that the total amount of DSH allotments determined for all States for a fiscal year under this paragraph does not exceed DSH allotment cap determined for the fiscal year under subparagraph (E)(i). ``(iii) Nonapplication.--Clause (i) shall not apply-- ``(I) with respect to a State that has in effect a waiver described in such clause if the State elects, through a revision of such waiver, that such clause will not apply; or ``(II) with respect to any part of a fiscal year that occurs after the expiration (determined without regard to any extension approved after the date of the enactment of the State Accountability, Flexibility, and Equity for Hospitals Act of 2023) of such a waiver. ``(iv) No effect on waiver authority.-- Nothing in this subsection shall be construed as preventing the Secretary from approving a waiver under section 1115 or other law with respect to requirements under this title related to a State's use of its DSH allotment for a fiscal year. ``(E) Definitions.--In this paragraph: ``(i) DSH allotment cap.--The term `DSH allotment cap' means, with respect to a fiscal year, the amount equal to the total amount of the DSH allotments that would have been determined for all States for the fiscal year under this section as in effect on the day before the date of enactment of the SAFE Hospitals Act of 2023, reduced, in the case of fiscal years 2026 through 2029, by the aggregate amount of the reductions which would have been applicable for the fiscal year under paragraph (7) of this subsection (as so in effect). ``(ii) State poverty ratio.--The term `State poverty ratio' means, with respect to a State and fiscal year, the ratio of-- ``(I) the number of individuals in the State in the most recent fiscal year for which census data are available whose income (as determined under section 1902(e)(14) (relating to modified adjusted gross income) and without regard to whether an individual's income eligibility for medical assistance is determined under such section) was less than 100 percent of the poverty line (as defined in section 2110(c)(5)) applicable to a family of the size involved; to ``(II) the number of individuals in all States in the most recent fiscal year for which census data are available whose income (as so determined) was less than 100 percent of the poverty line (as so defined) applicable to the family of the size involved.''; and (6) by redesignating paragraph (9) as paragraph (8). SEC. 3. PRIORITIZING DISPROPORTIONATE SHARE HOSPITAL PAYMENTS BASED ON MEDICAID INPATIENT UTILIZATION AND LOW-INCOME UTILIZATION RATES. (a) In General.--Section 1923 of the Social Security Act (42 U.S.C. 1396r-4) is amended-- (1) in subsection (a)(2)(D), by inserting ``(which, as of October 1, 2025, shall meet the requirements of subsection (k))'' after ``methodology''; (2) in subsection (c), by striking ``and (g)'' and inserting ``, (g), and, beginning on October 1, 2025, (k)''; (3) in subsection (d)(2)(A)-- (A) in clause (i), by striking ``; or'' and inserting a semicolon; (B) in clause (ii), by striking the period at the end and inserting ``; or''; and (C) by adding at the end the following new clause: ``(iii) that is an institution for mental diseases.''; and (4) by adding at the end the following new subsection: ``(k) State Methodology Requirements.-- ``(1) In general.--Subject to paragraph (4), a State methodology for identifying and making payments to disproportionate share hospitals meets the requirements of this subsection if-- ``(A) the methodology is uniformly applied statewide; ``(B) the methodology identifies each hospital in the State that is described in a disproportionate share hospital tier (as defined in paragraph (2)); and ``(C) in making payments to disproportionate share hospitals, the methodology meets the requirements of paragraph (3). ``(2) Disproportionate share hospital tiers.--The term `disproportionate share hospital tier' means each of the following: ``(A) Tier 1 hospitals.--A category of hospitals (referred to in this section as `tier 1 hospitals') in which each hospital satisfies-- ``(i) each of the criteria described in clause (ii) of subparagraph (B); and ``(ii) one or more of the following criteria: ``(I) The hospital has a Medicaid inpatient utilization rate (as defined in subsection (b)(2)) that is not less than 2 standard deviations above the mean Medicaid inpatient utilization rate for hospitals receiving Medicaid payments in the State. ``(II) The hospital has a low- income utilization rate (as defined in subsection (b)(3)) of not less than 40 percent. ``(III) More than 70 percent of the inpatient days for which payments are received by the hospital are paid for under the Medicare program under title XVIII, the Medicaid program under this title, or the Children's Health Insurance Program under title XXI. ``(B) Tier 2 hospitals.--A category of hospitals (referred to in this section as `tier 2 hospitals') in which each hospital-- ``(i) is not described in the previous subparagraph; and ``(ii) satisfies one or more of the following criteria: ``(I) The hospital has a Medicaid inpatient utilization rate (as defined in subsection (b)(2)) that is not less than 1.5 standard deviations above the mean Medicaid inpatient utilization rate for hospitals receiving Medicaid payments in the State. ``(II) The hospital has a low- income utilization rate (as defined in subsection (b)(3)) of not less than 35 percent. ``(III) The hospital has the largest number of inpatient days attributable to individuals entitled to benefits under the State plan of any hospital in such State for the previous State fiscal year. ``(C) Tier 3 hospitals.--A category of hospitals (referred to in this section as `tier 3 hospitals') in which each hospital-- ``(i) is not described in a previous subparagraph; and ``(ii) satisfies one or more of the following criteria: ``(I) The hospital has a Medicaid inpatient utilization rate (as defined in subsection (b)(2)) that is not less than the mean Medicaid inpatient utilization rate for hospitals receiving Medicaid payments in the State. ``(II) The hospital has a low- income utilization rate (as defined in subsection (b)(3)) of not less than 25 percent. ``(D) Tier 4 hospitals.--A category of hospitals (referred to in this section as `tier 4 hospitals') in which each hospital-- ``(i) is not described in a previous subparagraph; and ``(ii) satisfies the requirement described in subsection (d)(3). ``(3) Payment methodology requirements.-- ``(A) Prioritization of hospitals.--In making disproportionate share hospital payments, a State methodology shall prioritize hospitals in the following order: ``(i) Tier 1 hospitals shall receive the highest priority. ``(ii) Tier 2 hospitals shall receive the second-highest priority. ``(iii) Tier 3 hospitals shall receive the third-highest priority. ``(iv) Tier 4 hospitals shall receive the fourth-highest priority. ``(B) Factors.--The methodology specifies the factors that will be considered in determining the amount of a disproportionate share hospital payment to be made to a hospital, which may include-- ``(i) the hospital's net operating margins (including past net operating margins); ``(ii) past disproportionate share hospital payments to the hospital; ``(iii) whether the hospital was affected by a major disaster (as declared by the President under section 401 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act) in the 12 months prior to the payment; and ``(iv) other relevant factors, as determined by the State (subject to the approval of the Secretary). ``(C) Consideration of financial circumstances of high tier hospitals.-- ``(i) In general.--The State shall certify that the State methodology adequately considers the unique financial circumstances of tier 1 hospitals and tier 2 hospitals, and takes necessary steps to mitigate net operating losses by such hospitals. ``(ii) Guidance.-- ``(I) In general.--Not later than 18 months after the date of enactment of the SAFE Hospitals Act of 2023, the Secretary shall issue guidance to States outlining methods that States may use to satisfy the requirement of this subparagraph. ``(II) State alternatives.--Subject to the approval of the Secretary, a State may develop an alternative method for satisfying the requirement of this subparagraph. ``(D) Treatment of imds and cahs.--The State shall specify how the methodology prioritizes institutions for mental diseases and critical access hospitals (as defined in section 1861(mm)(1)), but in no case shall institutions for mental diseases or critical access hospitals receive a higher priority than tier 1 hospitals. ``(E) State authority to reclassify hospitals.-- Subject to the approval of the Secretary, for purposes of prioritizing disproportionate share payments under a State methodology under this subsection, a State may treat up to 15 percent of all disproportionate share hospitals in the State, excluding institutions for mental diseases, as belonging to a different disproportionate share hospital tier than the tier in which the hospitals are described under paragraph (2). ``(F) Rule of construction.--Nothing in this subsection shall be construed as requiring a State to apply a uniform payment methodology to all hospitals within a disproportionate share hospital tier. ``(4) Methodology for states with fewer than 15 disproportionate share hospitals.-- ``(A) In general.--In the case of a State that has fewer than 15 disproportionate share hospitals, the State shall use the methodology for identifying and making payments to disproportionate share hospitals that is developed by the Secretary under subparagraph (B). ``(B) Development of methodology.--Not later than 18 months after the date of enactment of the SAFE Hospitals Act of 2023, the Secretary shall develop a methodology for identifying and making payments to disproportionate share hospitals for States that have fewer than 15 disproportionate share hospitals that prioritizes DSH payments to hospitals with disproportionately high volumes of Medicaid patients and low-income patients. ``(5) No effect on waiver authority.--Nothing in this subsection shall be construed as preventing the Secretary from approving a waiver under section 1115 or other law with respect to requirements under this subsection related to the methodology used by States to identify and make payments to disproportionate share hospitals.''. (b) Modification of Cap on Individual DSH Payments.--Section 1923(g)(1)(A)(i) of the Social Security Act (42 U.S.C. 1396r- 4(g)(1)(A)(i)) is amended by inserting ``(including any costs incurred by the hospital during the year that are associated with subsidizing a physician or a clinic or other health center that is owned and operated by, controlled by, or in common control with the hospital for the purpose of providing care to such individuals)'' after ``individuals described in subparagraph (B)''. (c) Modification of DSH Qualification Requirements.-- (1) In general.--Section 1923(d)(3) of the Social Security Act (42 U.S.C. 1396r-4(d)(3)) is amended by striking ``unless the hospital'' and all that follows through the period and inserting the following: ``unless the hospital-- ``(A) has a Medicaid inpatient utilization rate (as defined in subsection (b)(2)) that is not more than 1 standard deviation below the mean Medicaid inpatient utilization rate for hospitals receiving Medicaid payments in the State; ``(B) has a low-income utilization rate (as defined in subsection (b)(3)) that is not less than 10 percent; or ``(C) is a critical access hospital (as defined in section 1861(mm)(1)).''. (2) Effective date.--The amendments made by this subsection shall take effect on October 1, 2025. &lt;all&gt; </pre></body></html>
[ "Health", "Health care coverage and access", "Hospital care", "Medicaid" ]
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118S408
Big Oil Windfall Profits Tax Act
[ [ "W000802", "Sen. Whitehouse, Sheldon [D-RI]", "sponsor" ], [ "P000145", "Sen. Padilla, Alex [D-CA]", "cosponsor" ], [ "M001176", "Sen. Merkley, Jeff [D-OR]", "cosponsor" ], [ "B000944", "Sen. Brown, Sherrod [D-OH]", "cosponsor" ], [ "C001070", "Sen. Casey, Robert P., Jr. [D-PA]", "cosponsor" ], [ "W000817", "Sen. Warren, Elizabeth [D-MA]", "cosponsor" ], [ "M000133", "Sen. Markey, Edward J. [D-MA]", "cosponsor" ], [ "B001277", "Sen. Blumenthal, Richard [D-CT]", "cosponsor" ], [ "B001267", "Sen. Bennet, Michael F. [D-CO]", "cosponsor" ], [ "M001169", "Sen. Murphy, Christopher [D-CT]", "cosponsor" ], [ "K000384", "Sen. Kaine, Tim [D-VA]", "cosponsor" ], [ "W000790", "Sen. Warnock, Raphael G. [D-GA]", "cosponsor" ], [ "B001230", "Sen. Baldwin, Tammy [D-WI]", "cosponsor" ], [ "B001288", "Sen. Booker, Cory A. [D-NJ]", "cosponsor" ], [ "S000770", "Sen. Stabenow, Debbie [D-MI]", "cosponsor" ], [ "S000033", "Sen. Sanders, Bernard [I-VT]", "cosponsor" ], [ "R000122", "Sen. Reed, Jack [D-RI]", "cosponsor" ], [ "F000062", "Sen. Feinstein, Dianne [D-CA]", "cosponsor" ], [ "W000800", "Sen. Welch, Peter [D-VT]", "cosponsor" ] ]
<p><strong>Big Oil Windfall Profits Tax Act</strong></p> <p>This bill imposes an excise tax on the windfall profits of crude oil on taxpayers who extracted and imported more than 300,000 barrels (a barrel equals 42 U.S. gallons) of taxable crude oil (i.e., crude oil, crude oil condensates, and natural gasoline) in 2019, or who extracted and imported that amount in the current calendar quarter.</p> <p>The bill requires rebates of the tax collected to be paid to individual taxpayers. The bill establishes the Protect Consumers from Gas Hikes Fund to finance such rebates.</p>
<html><body><pre>[Congressional Bills 118th Congress] [From the U.S. Government Publishing Office] [S. 408 Introduced in Senate (IS)] &lt;DOC&gt; 118th CONGRESS 1st Session S. 408 To amend the Internal Revenue Code of 1986 to impose a windfall profits excise tax on crude oil and to rebate the tax collected back to individual taxpayers, and for other purposes. _______________________________________________________________________ IN THE SENATE OF THE UNITED STATES February 14, 2023 Mr. Whitehouse (for himself, Mr. Padilla, Mr. Merkley, Mr. Brown, Mr. Casey, Ms. Warren, Mr. Markey, Mr. Blumenthal, Mr. Bennet, Mr. Murphy, Mr. Kaine, Mr. Warnock, Ms. Baldwin, Mr. Booker, Ms. Stabenow, Mr. Sanders, Mr. Reed, and Mrs. Feinstein) 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 impose a windfall profits excise tax on crude oil and to rebate the tax collected back to individual taxpayers, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Big Oil Windfall Profits Tax Act''. SEC. 2. WINDFALL PROFITS TAX. (a) In General.--Subtitle E of the Internal Revenue Code of 1986 is amended by adding at the end thereof the following new chapter: ``CHAPTER 56--WINDFALL PROFITS ON CRUDE OIL ``Sec. 5896. Imposition of tax. ``Sec. 5897. Definitions and special rules. ``SEC. 5896. IMPOSITION OF TAX. ``(a) In General.--In addition to any other tax imposed under this title, in each calendar quarter there is hereby imposed on any covered taxpayer an excise tax at the rate determined under subsection (b) on-- ``(1) each barrel of taxable crude oil extracted by the taxpayer within the United States and removed from the property of such taxpayer during the calendar quarter, and ``(2) each barrel of taxable crude oil entered into the United States during the calendar quarter by the taxpayer for consumption, use, or warehousing. ``(b) Rate of Tax.-- ``(1) In general.--The rate of tax imposed by this section on any barrel of taxable crude oil for any calendar quarter is the product of-- ``(A) 50 percent, and ``(B) the excess (if any) of-- ``(i) the average price of a barrel of Brent crude oil over the covered calendar quarter, over ``(ii) the average price of a barrel of Brent crude oil over the period beginning on January 1, 2015, and ending on December 31, 2019. ``(2) Inflation adjustment.-- ``(A) In general.--In the case of a calendar quarter beginning in any taxable year beginning after 2022, the amount determined under paragraph (1)(B)(ii) shall be increased by an amount equal to-- ``(i) such dollar amount, multiplied by ``(ii) the cost-of-living adjustment determined under section 1(f)(3) for the calendar year in which the taxable year begins, determined by substituting `2021' for `2016' in subparagraph (A)(ii) thereof. ``(B) Rounding.--If any dollar amount, after being increased under subparagraph (A), is not a multiple of $0.50, such dollar amount shall be rounded to the next lowest multiple of $0.01. ``(c) Fractional Part of Barrel.--In the case of a fraction of a barrel, the tax imposed by subsection (a) shall be the same fraction of the amount of such tax imposed on the whole barrel. ``SEC. 5897. DEFINITIONS AND SPECIAL RULES. ``(a) Definitions.--For purposes of this chapter-- ``(1) Covered taxpayer.-- ``(A) In general.--The term `covered taxpayer' means, with respect to any calendar quarter, any taxpayer if-- ``(i) the average daily number of barrels of taxable crude oil extracted and imported by the taxpayer for calendar year 2019 exceeded 300,000 barrels, or ``(ii) the average daily number of barrels of taxable crude oil extracted and imported by the taxpayer for the calendar quarter exceeds 300,000. ``(B) Aggregation rules.--All persons treated as a single employer under subsection (a) or (b) of section 52 or subsection (m) or (o) of section 414 shall be treated as one person for purposes of paragraph (1). ``(2) Taxable crude oil.--The term `taxable crude oil' includes crude oil, crude oil condensates, and natural gasoline. ``(3) Barrel.--The term `barrel' means 42 United States gallons. ``(4) United states.--The term `United States' has the same meaning given such term under section 4612. ``(b) Withholding and Deposit of Tax.--The Secretary shall provide such rules as are necessary for the withholding and deposit of the tax imposed under section 5896 on any taxable crude oil. ``(c) Records and Information.--Each taxpayer liable for tax under section 5896 shall keep such records, make such returns, and furnish such information (to the Secretary and to other persons having an interest in the taxable crude oil) with respect to such oil as the Secretary may by regulations prescribe. ``(d) Return of Windfall Profit Tax.--The Secretary shall provide for the filing and the time of such filing of the return of the tax imposed under section 5896. ``(e) Regulations.--The Secretary shall prescribe such regulations as may be necessary or appropriate to carry out the purposes of this chapter.''. (b) Clerical Amendment.--The table of chapters for subtitle E of the Internal Revenue Code of 1986 is amended by adding at the end the following new item: ``Chapter 56. Windfall Profit on Crude Oil''. (c) Effective Date.-- (1) In general.--The amendments made by this section shall apply to crude oil removed or entered after December 31, 2021, in calendar quarters ending after such date. (2) Special rule for quarters during 2022.--In the case of any calendar quarter ending in calendar year 2022, the tax imposed under section 5896 shall not be due before March 31, 2023. SEC. 3. GASOLINE PRICE REBATES. (a) In General.--Subchapter B of chapter 65 of the Internal Revenue Code of 1986 is amended by adding at the end the following new section: ``SEC. 6434. GASOLINE PRICE REBATES. ``(a) In General.--In the case of an eligible individual, there shall be allowed as a credit against the tax imposed by subtitle A for each taxable year beginning after December 31, 2021, an amount equal to the sum of the gasoline price rebate amount for calendar quarters beginning in such taxable year. ``(b) Gasoline Price Rebate Amount.--For purposes of this section-- ``(1) In general.--The term `gasoline price rebate amount' means, with respect to any taxpayer for any calendar quarter beginning in a taxable year, an amount determined by the Secretary not later than 30 days after the end of such calendar quarter taking into account the number of eligible individuals and the amount of revenues in the Protect Consumers from Gas Hikes Fund resulting from the tax imposed by section 5896 for the preceding calendar quarter. ``(2) Special rule for joint returns.--In the case of an eligible individual filing a joint return, the gasoline price rebate amount shall be 150 percent of the amount determined under paragraph (1) with respect to other taxpayers. ``(3) Limitation based on adjusted gross income.--The amount of the credit allowed by subsection (a) (determined without regard to this subsection and subsection (e)) shall be reduced (but not below zero) by 5 percent of so much of the eligible individual's adjusted gross income as exceeds-- ``(A) $150,000 in the case of a joint return, ``(B) $112,500 in the case of a head of household, and ``(C) $75,000 in any other case. ``(c) Eligible Individual.--For purposes of this section, the term `eligible individual' means any individual other than-- ``(1) any nonresident alien individual, ``(2) any individual who is a dependent of another taxpayer for a taxable year beginning in the calendar year in which the individual's taxable year begins, and ``(3) an estate or trust. ``(d) Definitions and Special Rules.-- ``(1) Dependent defined.--For purposes of this section, the term `dependent' has the meaning given such term by section 152. ``(2) Identification number requirement.-- ``(A) In general.--In the case of a return other than a joint return, the gasoline price rebate amount in subsection (b)(1) shall be treated as being zero unless the taxpayer includes the valid identification number of the taxpayer on the return of tax for the taxable year. ``(B) Joint returns.--In the case of a joint return, the gasoline price rebate amount in subsection (b)(1) shall be treated as being-- ``(i) 50 percent of the amount otherwise determined without regard to this paragraph if the valid identification number of only 1 spouse is included on the return of tax for the taxable year, and ``(ii) zero if the valid identification number of neither spouse is so included. ``(C) Valid identification number.--For purposes of this paragraph, the term `valid identification number' means a social security number issued to an individual by the Social Security Administration on or before the due date for filing the return for the taxable year. ``(D) Special rule for members of the armed forces.--Subparagraph (B) shall not apply in the case where at least 1 spouse was a member of the Armed Forces of the United States at any time during the taxable year and the valid identification number of at least 1 spouse is included on the return of tax for the taxable year. ``(E) Coordination with certain advance payments.-- In the case of any payment determined pursuant to subsection (f)(6), a valid identification number shall be treated for purposes of this paragraph as included on the taxpayer's return of tax if such valid identification number is available to the Secretary as described in such subsection. ``(F) Mathematical or clerical error authority.-- Any omission of a correct valid identification number required under this paragraph shall be treated as a mathematical or clerical error for purposes of applying section 6213(g)(2) to such omission. ``(3) Credit treated as refundable.--The credit allowed by subsection (a) shall be treated as allowed by subpart C of part IV of subchapter A of chapter 1. ``(e) Regulations.--The Secretary shall prescribe such regulations or other guidance as may be necessary or appropriate to carry out the purposes of this section. ``(f) Outreach.--The Secretary shall carry out a robust and comprehensive outreach program to ensure that all taxpayers learn of their eligibility for the credits allowed under this section and are provided assistance in claiming such credits.''. (b) Treatment of Certain Possessions.-- (1) Payments to possessions with mirror code tax systems.-- The Secretary of the Treasury shall pay to each possession of the United States which has a mirror code tax system amounts equal to the loss (if any) to that possession by reason of the amendments made by this section. Such amounts shall be determined by the Secretary of the Treasury based on information provided by the government of the respective possession. (2) Payments to other possessions.--The Secretary of the Treasury shall pay to each possession of the United States which does not have a mirror code tax system amounts estimated by the Secretary of the Treasury as being equal to the aggregate benefits (if any) that would have been provided to residents of such possession by reason of the amendments made by this section if a mirror code tax system had been in effect in such possession. The preceding sentence shall not apply unless the respective possession has a plan, which has been approved by the Secretary of the Treasury, under which such possession will promptly distribute such payments to its residents. (3) Inclusion of administrative expenses.--The Secretary of the Treasury shall pay to each possession of the United States to which the Secretary makes a payment under paragraph (1) or (2) an amount equal to the increase (if any) of the administrative expenses of such possession-- (A) in the case of a possession described in paragraph (1), by reason of the amendments made by this section, and (B) in the case of a possession described in paragraph (2), by reason of carrying out the plan described in such paragraph, or the amount described in subparagraph (A) shall be determined by the Secretary of the Treasury based on information provided by the government of the respective possession. (4) Coordination with credit allowed against united states income taxes.--No credit shall be allowed against United States income taxes under section 6434 of the Internal Revenue Code of 1986 (as added by this section) to any person-- (A) to whom a credit is allowed against taxes imposed by the possession by reason of the amendments made by this section, or (B) who is eligible for a payment under a plan described in paragraph (2). (5) Mirror code tax system.--For purposes of this subsection, the term ``mirror code tax system'' means, with respect to any possession of the United States, the income tax system of such possession if the income tax liability of the residents of such possession under such system is determined by reference to the income tax laws of the United States as if such possession were the United States. (6) Treatment of payments.--For purposes of section 1324 of title 31, United States Code, the payments under this subsection shall be treated in the same manner as a refund due from a credit provision referred to in subsection (b)(2) of such section. (c) Administrative Provisions.-- (1) Definition of deficiency.--Section 6211(b)(4)(A) of the Internal Revenue Code of 1986 is amended by striking ``and 6433'' and inserting ``6433, and 6434,''. (2) Conforming amendments.-- (A) Paragraph (2) of section 1324(b) of title 31, United States Code, is amended by inserting ``6434,'' after ``6433,''. (B) The table of sections for subchapter B of chapter 65 of the Internal Revenue Code of 1986 is amended by adding at the end the following new item: ``Sec. 6434. Gasoline price rebates.''. (d) Special Rules for 2022.--In the case of taxable years ending during calendar year 2022, the Secretary shall provide any refunds due to the credit allowed under section 6434 of the Internal Revenue Code of 1986 (as added by this section) not later than June 30, 2023. SEC. 4. PROTECT CONSUMERS FROM GAS PRICE HIKES FUND. (a) In General.--Subchapter A of chapter 98 of the Internal Revenue Code of 1986 is amended by adding at the end the following new section: ``SEC. 9512. PROTECT CONSUMERS FROM GAS PRICE HIKES FUND. ``(a) Establishment and Funding.--There is hereby established in the Treasury of the United States a trust fund to be referred to as the `Protect Consumers from Gas Hikes Fund', consisting of such amounts as may be appropriated or credited to such trust fund as provided for in this section and section 9602(b). ``(b) Transfers to the Protect Consumers From Gas Price Hikes Fund.--There are hereby appropriated to the Protect Consumers from Gas Hikes Fund amounts equivalent to the taxes received in the Treasury under section 5896. ``(c) Use of Funds.--The Secretary shall pay from time to time from the Protect Consumers from Gas Price Hikes Fund to the general fund of the Treasury amounts equal to the amounts of refunds provided under section 6434.''. (b) Clerical Amendment.--The table of sections for subchapter A of chapter 98 of such Code is amended by adding at the end the following new item: ``Sec. 9512. Protect Consumers from Gas Price Hikes Fund.''. &lt;all&gt; </pre></body></html>
[ "Taxation" ]
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118S409
Terrorism Survivors Student Loan Deferment Act of 2023
[ [ "R000595", "Sen. Rubio, Marco [R-FL]", "sponsor" ] ]
<p><b>Terrorism Survivors Student Loan Deferment Act</b> <b>of 2023</b></p> <p>This bill allows a borrower who is a victim of a terrorist attack to defer payment of federal student loans for up to one year.</p>
<html><body><pre>[Congressional Bills 118th Congress] [From the U.S. Government Publishing Office] [S. 409 Introduced in Senate (IS)] &lt;DOC&gt; 118th CONGRESS 1st Session S. 409 To amend the Higher Education Act of 1965 to provide student loan deferment for victims of terrorist attacks. _______________________________________________________________________ IN THE SENATE OF THE UNITED STATES February 14, 2023 Mr. Rubio introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions _______________________________________________________________________ A BILL To amend the Higher Education Act of 1965 to provide student loan deferment for victims of terrorist attacks. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Terrorism Survivors Student Loan Deferment Act of 2023''. SEC. 2. STUDENT LOAN DEFERMENT FOR VICTIMS OF TERRORIST ATTACKS. (a) Terms of Federally Insured Student Loans.--Section 427(a)(2)(C) of the Higher Education Act of 1965 (20 U.S.C. 1077(a)(2)(C)) is amended-- (1) in clause (iii), by striking ``or'' after the semicolon; (2) in clause (iv), by striking the period at the end and inserting ``; or''; and (3) by adding at the end the following: ``(v) not in excess of 1 year due to the borrower being a victim of a terrorist attack;''. (b) FFEL Program.--Section 428(b) of the Higher Education Act of 1965 (20 U.S.C. 1078(b)) is amended-- (1) in paragraph (1)(M)-- (A) in clause (iv), by striking ``or'' after the semicolon; (B) in clause (v), by inserting ``or'' after the semicolon; and (C) by adding at the end the following: ``(vi) not in excess of 1 year due to the borrower being a victim of a terrorist attack as described in paragraph (10);''; and (2) by adding at the end the following: ``(10) Deferment for victims of terrorist attacks.--For purposes of deferment under paragraph (1)(M)(vi), a victim of a terrorist attack is an individual who is designated as a victim of a terrorist attack by the head of the Federal agency that is handling the investigation of the attack.''. (c) Direct Loans.--Section 455 of the Higher Education Act of 1965 (20 U.S.C. 1087e) is amended-- (1) in subsection (e)(7)(B)(i), by inserting ``or due to the borrower being a victim of a terrorist attack'' after ``section 435(o)''; and (2) in subsection (f)-- (A) in paragraph (2)-- (i) in subparagraph (C), by striking ``clause (i) or (ii); or'' and inserting ``clause (i) or (ii);''; (ii) in subparagraph (D), by striking the period at the end and inserting ``; or''; and (iii) by adding at the end the following: ``(E) not in excess of 1 year due to the borrower being a victim of a terrorist attack as described in paragraph (6).''; and (B) by adding at the end the following: ``(6) Deferment for victims of terrorist attacks.--For purposes of deferment under paragraph (2)(E), a victim of a terrorist attack is an individual who is designated as a victim of a terrorist attack by the head of the Federal agency that is handling the investigation of the attack.''. (d) Federal Perkins Loans.--Section 464(c)(2) of the Higher Education Act of 1965 (20 U.S.C. 1087dd(c)(2)) is amended-- (1) in subparagraph (A)-- (A) in clause (v), by striking ``or'' after the semicolon; (B) in clause (vi), by inserting ``or'' after the semicolon; and (C) by inserting after clause (vi) the following: ``(vii) not in excess of 1 year due to the borrower being a victim of a terrorist attack as described in subparagraph (D);''; and (2) by adding at the end the following: ``(D) For purposes of deferment under subparagraph (A)(vii), a victim of a terrorist attack is an individual who is designated as a victim of a terrorist attack by the head of the Federal agency that is handling the investigation of the attack.''. (e) Designating Victims of Terrorist Attacks.--The head of the Federal agency that is handling the investigation of a terrorist attack, or has handled the investigation of a terrorist attack, shall designate the individuals who are victims of such terrorist attack. (f) Anti-Fraud Protections.--The Secretary of Education shall establish anti-fraud protections in carrying out the amendments made by this Act. &lt;all&gt; </pre></body></html>
[ "Education" ]
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118S41
READ Act Reauthorization Act of 2023
[ [ "D000563", "Sen. Durbin, Richard J. [D-IL]", "sponsor" ], [ "R000595", "Sen. Rubio, Marco [R-FL]", "cosponsor" ], [ "P000145", "Sen. Padilla, Alex [D-CA]", "cosponsor" ], [ "M000133", "Sen. Markey, Edward J. [D-MA]", "cosponsor" ], [ "W000779", "Sen. Wyden, Ron [D-OR]", "cosponsor" ] ]
<p><strong>READ Act Reauthorization Act of 2023 </strong></p> <p>This bill reauthorizes a law that requires the implementation of a strategy to promote quality basic education in partner countries by (1) expanding access to basic education for all children, particularly marginalized children and vulnerable groups; and (2) improving the quality of basic education and learning outcomes.</p>
<html><body><pre>[Congressional Bills 118th Congress] [From the U.S. Government Publishing Office] [S. 41 Introduced in Senate (IS)] &lt;DOC&gt; 118th CONGRESS 1st Session S. 41 To reauthorize the READ Act. _______________________________________________________________________ IN THE SENATE OF THE UNITED STATES January 24 (legislative day, January 3), 2023 Mr. Durbin (for himself and Mr. Rubio) introduced the following bill; which was read twice and referred to the Committee on Foreign Relations _______________________________________________________________________ A BILL To reauthorize the READ Act. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``READ Act Reauthorization Act of 2023''. SEC. 2. REAUTHORIZATION. Section 4(a) of the Reinforcing Education Accountability in Development Act (division A of Public Law 115-56; 22 U.S.C. 2151c note) is amended by striking ``during the following five fiscal years'' and inserting ``during the following ten fiscal years''. &lt;all&gt; </pre></body></html>
[ "International Affairs", "Child safety and welfare", "Conflicts and wars", "Congressional oversight", "Education of the disadvantaged", "Elementary and secondary education", "Emergency planning and evacuation", "Foreign aid and international relief", "Multilateral development programs", "Refugees, asylum, displaced persons", "Teaching, teachers, curricula" ]
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118S410
Federal Social Media Research Act
[ [ "H001089", "Sen. Hawley, Josh [R-MO]", "sponsor" ] ]
<p><b>Federal Social Media Research Act</b></p> <p>This bill provides funding for a short-term study and a long-term study on the physical and mental health effects of using social media technologies on users who are under the age of 18. It also authorizes the Government Accountability Office to conduct the studies, including in partnership with any other federal agency.</p> <p>The bill specifies that the aim of the studies is to assess the relationship between patterns of social media use and suicide, anxiety, depression, and other medical conditions.</p>
<html><body><pre>[Congressional Bills 118th Congress] [From the U.S. Government Publishing Office] [S. 410 Introduced in Senate (IS)] &lt;DOC&gt; 118th CONGRESS 1st Session S. 410 To authorize a Federal report and longitudinal study regarding the effects of social media on users under age 18. _______________________________________________________________________ IN THE SENATE OF THE UNITED STATES February 14, 2023 Mr. Hawley introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions _______________________________________________________________________ A BILL To authorize a Federal report and longitudinal study regarding the effects of social media on users under age 18. Be it enacted by the Senate 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 Social Media Research Act''. SEC. 2. SHORT-TERM STUDY. (a) Study.--The Comptroller General of the United States, in partnership with any other Federal agency the Comptroller General may designate, shall study the impact of social media technologies on the mental and physical health of social media users under age 18, with particular attention to assessing current circumstances and expected trends. Such study shall aim to assess in particular any relationship between social media use patterns and the following medical conditions: (1) Suicidality. (2) Anxiety. (3) Depression. (4) Eating disorders. (5) Attention deficit hyperactivity disorder. (6) Gender dysphoria. (b) Report.--Not later than 1 year after the date of enactment of this Act, the Comptroller General shall submit a report to Congress on the study required under subsection (a). (c) Appropriations.--Out of any money in the Treasury not otherwise appropriated, there is appropriated to the Comptroller General, for fiscal year 2023, $1,000,000, to remain available until expended, to carry out the study described in this section. SEC. 3. LONGITUDINAL STUDY. (a) Study.--The Comptroller General of the United States, in partnership with any other Federal agency the Comptroller General may designate, shall study the impact of social media technologies on the mental and physical health of a cohort of social media users initially drawn from the population of such users under age 18, with particular attention to the long-term effects of social media technology use on the health of such users. Such study shall aim to assess in particular any relationship between social media use patterns and the medical conditions listed in section 2(a). (b) Report.--Not later than 10 years after the date of enactment of this Act, the Comptroller General shall submit a report to Congress on the study required under subsection (a). (c) Appropriations.--Out of any money in the Treasury not otherwise appropriated, there is appropriated to the Comptroller General, for fiscal year 2023, $20,000,000, to remain available until expended, to carry out the study described in this section. &lt;all&gt; </pre></body></html>
[ "Health", "Child health", "Congressional oversight", "Government studies and investigations", "Internet, web applications, social media", "Mental health" ]
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118S411
EAGLES Act of 2023
[ [ "G000386", "Sen. Grassley, Chuck [R-IA]", "sponsor" ], [ "R000595", "Sen. Rubio, Marco [R-FL]", "cosponsor" ], [ "C001113", "Sen. Cortez Masto, Catherine [D-NV]", "cosponsor" ], [ "S001217", "Sen. Scott, Rick [R-FL]", "cosponsor" ], [ "M001183", "Sen. Manchin, Joe, III [D-WV]", "cosponsor" ], [ "C001035", "Sen. Collins, Susan M. [R-ME]", "cosponsor" ], [ "K000383", "Sen. King, Angus S., Jr. [I-ME]", "cosponsor" ] ]
<html><body><pre>[Congressional Bills 118th Congress] [From the U.S. Government Publishing Office] [S. 411 Introduced in Senate (IS)] &lt;DOC&gt; 118th CONGRESS 1st Session S. 411 To amend title 18, United States Code, to reauthorize and expand the National Threat Assessment Center of the Department of Homeland Security. _______________________________________________________________________ IN THE SENATE OF THE UNITED STATES February 14, 2023 Mr. Grassley (for himself, Mr. Rubio, Ms. Cortez Masto, Mr. Scott of Florida, Mr. Manchin, Ms. Collins, and Mr. King) introduced the following bill; which was read twice and referred to the Committee on the Judiciary _______________________________________________________________________ A BILL To amend title 18, United States Code, to reauthorize and expand the National Threat Assessment Center of the Department of Homeland Security. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``EAGLES Act of 2023''. SEC. 2. FINDINGS; SENSE OF CONGRESS. (a) Findings.--Congress finds the following: (1) On February 14, 2018, 17 individuals were murdered in a senseless and violent attack on Marjory Stoneman Douglas High School in Parkland Florida, a school whose mascot is the eagle. (2) These individuals, Alaina Petty, Alex Schachter, Alyssa Alhadeff, Cara Loughran, Carmen Schentrup, Gina Montalto, Helena Ramsay, Jaime Guttenberg, Joaquin Oliver, Luke Hoyer, Martin Duque, Meadow Pollack, Nicholas Dworet, Peter Wang, Aaron Feis, Chris Hixon, and Scott Beigel, lived lives of warmth, joy, determination, service, and love, and their loss is mourned by the Nation. (3) Like many attackers, the shooter in that attack exhibited patterns of threatening and concerning behavior prior to the massacre that were alarming and that should have alerted law enforcement and other Federal, State, and local officials about the potential for violence. (4) Acts of targeted violence, including the attack on Marjory Stoneman Douglas High School are preventable. (5) Lives were saved because of the brave and exemplary conduct of many students, teachers, and staff at Marjory Stoneman Douglas High School, including several of the victims of the attack. (6) The National Threat Assessment Center of the United States Secret Service (referred to in this Act as the ``Center'') was established in 1998 to conduct research on all forms of targeted violence, including attacks targeting government officials, government facilities, workplaces, houses of worship, elementary and secondary schools, and colleges and universities and mass attacks in public spaces. (7) Research published by the Center on targeted violence has shown that-- (A) most incidents were planned in advance; (B) the attackers' behavior gave some indication that the individual was planning, or at least contemplating, an attack; (C) most attackers had already exhibited a pattern of behavior that elicited concern by other people in their lives; and (D) prior to the attack, someone associated with the attacker, such as a family member or peer, often knew the attack was to likely to occur. (8) Through their research, the Center developed the behavioral threat assessment model of the United States Secret Service for preventing targeted violence, which includes a 3- step process-- (A) identifying individuals who are exhibiting threatening or concerning behaviors that indicate they may pose a risk of violence; (B) assessing whether the individual poses a risk, based on articulable facts; and (C) managing the risk posed through individualized proactive and preventive measures. (9) The behavioral threat assessment model of the United States Secret Service works most effectively when all the relevant parties, including local law enforcement, mental health professionals, workplace managers, school personnel, and members of the community, are part of a comprehensive protocol to identify, assess, and manage a potential threat. (10) The primary goal of behavioral threat assessment programs is to prevent targeted violence, with an emphasis on providing early intervention, and connecting individuals exhibiting threatening or concerning behavior to existing community resources for support. (11) Early intervention is a proven and effective way to prevent violent conduct that would otherwise harm others and necessitate more punitive action, including criminal penalties. (12) The parties involved need the appropriate research, guidance, training, and tools to establish the appropriate mechanisms for implementing this type of preventive of approach. (13) In elementary and secondary schools, a behavioral threat assessment is a proactive approach to identify, assess, and provide age-appropriate interventions, resources, and supports for students who display behavior that elicits concerns for the safety of themselves or others. (14) There has been a 79-percent decline in bullying infractions in elementary and secondary school communities that have received training by the Center. (15) The demand from local communities throughout the United States for behavioral threat assessment trainings has significantly increased. Since its inception, the Center has provided over 2,575 training sessions to over 273,000 attendees. (16) From fiscal year 2018 to fiscal year 2022, the Center has experienced a 117-percent increase in demand for training sessions, with 5 times as many participants. (17) The Center additionally provides consultation and follow-up engagements with government agencies, law enforcement, schools, and other organizations with public safety responsibilities. From fiscal year 2018 to fiscal year 2022 the Center experienced a 553-percent increase in consultation activities. (b) Sense of Congress.--It is the sense of Congress that a fact- based behavioral threat assessment approach, involving local law enforcement, mental health professionals, workplace managers, school personnel, other public safety officials, and members of the community, is one of the most effective ways to prevent targeted violence impacting communities across the country, and is a fitting memorial to those whose lives were taken in the February 14, 2018, attack on Marjory Stoneman Douglas High School and those who heroically acted to preserve the lives of their friends, students, and colleagues. SEC. 3. REAUTHORIZATION AND EXPANSION OF THE NATIONAL THREAT ASSESSMENT CENTER OF THE DEPARTMENT OF HOMELAND SECURITY. (a) In General.--Chapter 203 of title 18, United States Code, is amended by inserting after section 3056A the following: ``Sec. 3056B. Functions of the National Threat Assessment Center of the United States Secret Service ``(a) In General.--There is established a National Threat Assessment Center (in this section referred to as the `Center'), to be operated by the United States Secret Service, at the direction of the Secretary of Homeland Security. ``(b) Functions.--The functions of the Center shall include the following: ``(1) Training and education in the areas of best practices on threat assessment and the prevention of targeted violence. ``(2) Consultation on complex threat assessment cases and programs. ``(3) Research on threat assessment and the prevention of targeted violence, consistent with evidence-based standards and existing laws and regulations. ``(4) Facilitation of information sharing on threat assessment and the prevention of targeted violence among agencies and organizations with protective or public safety responsibilities, as well as other public or private entities. ``(5) Development of evidence-based programs to promote the standardization of Federal, State, and local threat assessments and best practices for the prevention of targeted violence. ``(c) Safe School Initiative.--In carrying out the functions described in subsection (b), the Center shall establish a national program on targeted school violence prevention, focusing on the following activities: ``(1) Research.--The Center shall-- ``(A) conduct research into targeted school violence and evidence-based practices in targeted school violence prevention, including school threat assessment; and ``(B) publish the findings of the Center on the public website of the United States Secret Service and on the School Safety Clearinghouse website, known as www.SchoolSafety.gov, or any successor thereto. ``(2) Training.-- ``(A) In general.--The Center shall develop and offer training courses on targeted school violence prevention to agencies with protective or public safety responsibilities and other public or private entities, including local educational agencies. ``(B) Plan.--Not later than 1 year after the date of enactment of this section, the Center shall establish a plan to offer its training and other educational resources to public or private entities within each State. ``(3) Coordination with other federal agencies.--The Center shall develop research and training programs under this section in coordination with the Department of Justice, the Department of Education, and the Department of Health and Human Services. ``(4) Consultation with entities outside the federal government.--The Center is authorized to consult with State and local educational, law enforcement, and mental health officials and private entities in the development of research and training programs under this section. ``(5) Interactive website.--The Center may create an interactive website to disseminate information and data on evidence-based practices in targeted school violence prevention. ``(d) Hiring of Additional Personnel.--The Director of the United States Secret Service may hire additional personnel to comply with the requirements of this section, which, if the Director exercises that authority, shall include-- ``(1) at least 1 employee with expertise in child psychological development; and ``(2) at least 1 employee with expertise in school threat assessment. ``(e) Report to Congress.--Not later than 2 years after the date of enactment of this section, the Director of the United States Secret Service shall submit to the Committee on the Judiciary, the Committee on Health, Education, Labor, and Pensions, and the Committee on Appropriations of the Senate and the Committee on the Judiciary, Committee on Education and the Workforce, and the Committee on Appropriations of the House of Representatives a report on actions taken by the United States Secret Service to implement provisions of this section, which shall include information relating to the following: ``(1) The number of employees hired (on a full-time equivalent basis). ``(2) The number of individuals in each State trained in threat assessment. ``(3) The number of school districts in each State trained in school threat assessment or targeted school violence prevention. ``(4) Information on Federal, State, and local agencies trained or otherwise assisted by the Center. ``(5) A formal evaluation indicating whether the training and other assistance provided by the Center is effective. ``(6) A formal evaluation indicating whether the training and other assistance provided by the Center was implemented by the school. ``(7) A summary of the Center's research activities and findings. ``(8) A strategic plan for disseminating the Center's educational and training resources to each State. ``(f) Authorization of Appropriations.--There is authorized to be appropriated to carry out this section such sums as may be necessary for each of fiscal years 2024 through 2028. Amounts appropriated pursuant to such authorization shall be derived wholly from the unobligated balances of amounts made available to the Department of Homeland Security, on or before the date of the enactment of this section, to prevent, prepare for, or respond to the coronavirus. ``(g) No Funds To Provide Firearms Training.--Amounts made available to carry out this section may not be used to train any person in the use of a firearm. ``(h) No Effect on Other Laws.--Nothing in this section may be construed to preclude or contradict any other provision of law authorizing training in the use of firearms. ``(i) Definitions.--In this section: ``(1) Evidence-based.--The term `evidence-based' means-- ``(A) strong evidence from at least 1 well-designed and well-implemented experimental study; ``(B) moderate evidence from at least 1 well- designed and well-implemented quasi-experimental study; or ``(C) promising evidence from at least 1 well- designed and well-implemented correlational study with statistical controls for selection bias. ``(2) Local educational agency.--The term `local educational agency' has the meaning given such term under section 8101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801). ``(3) State.--The term `State' means any State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands.''. (b) Technical, Conforming, and Clerical Amendments.-- (1) Technical and conforming amendment.--Section 4 of the Presidential Threat Protection Act of 2000 (18 U.S.C. 3056 note) is repealed. (2) Clerical amendment.--The table of sections for chapter 203 of title 18, United States Code, is amended by inserting after the item relating to section 3056A the following: ``3056B. Functions of the National Threat Assessment Center of the United States Secret Service.''. &lt;all&gt; </pre></body></html>
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118S412
SHIELD Act of 2023
[ [ "K000367", "Sen. Klobuchar, Amy [D-MN]", "sponsor" ], [ "C001056", "Sen. Cornyn, John [R-TX]", "cosponsor" ], [ "L000577", "Sen. Lee, Mike [R-UT]", "cosponsor" ], [ "B001277", "Sen. Blumenthal, Richard [D-CT]", "cosponsor" ], [ "G000359", "Sen. Graham, Lindsey [R-SC]", "cosponsor" ], [ "C001098", "Sen. Cruz, Ted [R-TX]", "cosponsor" ], [ "D000563", "Sen. Durbin, Richard J. [D-IL]", "cosponsor" ] ]
<html><body><pre>[Congressional Bills 118th Congress] [From the U.S. Government Publishing Office] [S. 412 Introduced in Senate (IS)] &lt;DOC&gt; 118th CONGRESS 1st Session S. 412 To provide that it is unlawful to knowingly distribute private intimate visual depictions with reckless disregard for the individual's lack of consent to the distribution, and for other purposes. _______________________________________________________________________ IN THE SENATE OF THE UNITED STATES February 14, 2023 Ms. Klobuchar (for herself and Mr. Cornyn) introduced the following bill; which was read twice and referred to the Committee on the Judiciary _______________________________________________________________________ A BILL To provide that it is unlawful to knowingly distribute private intimate visual depictions with reckless disregard for the individual's lack of consent to the distribution, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Stopping Harmful Image Exploitation and Limiting Distribution Act of 2023'' or the ``SHIELD Act of 2023''. SEC. 2. CERTAIN ACTIVITIES RELATING TO INTIMATE VISUAL DEPICTIONS. (a) In General.--Chapter 88 of title 18, United States Code, is amended by adding at the end the following: ``Sec. 1802. Certain activities relating to intimate visual depictions ``(a) Definitions.--In this section: ``(1) Communications service.--The term `communications service' means-- ``(A) a service provided by a person that is a common carrier, as that term is defined in section 3 of the Communications Act of 1934 (47 U.S.C. 153), insofar as the person is acting as a common carrier; ``(B) an electronic communication service, as that term is defined in section 2510; ``(C) an information service, as that term is defined in section 3 of the Communications Act of 1934 (47 U.S.C. 153); and ``(D) an interactive computer service, as that term is defined in section 230(f) of the Communications Act of 1934 (47 U.S.C. 230(f)). ``(2) Information content provider.--The term `information content provider' has the meaning given that term in section 230(f) of the Communications Act of 1934 (47 U.S.C. 230(f)). ``(3) Intimate visual depiction.--The term `intimate visual depiction' means any visual depiction (as that term is defined in section 2256(5)) of an individual who is recognizable by an individual other than the depicted individual from the intimate image itself or information or text displayed in connection with the intimate image itself or information or text displayed in connection with the intimate image who has attained 18 years of age at the time the intimate visual depiction is created and-- ``(A) who is depicted engaging in sexually explicit conduct; or ``(B) whose genitals, anus, pubic area, or female nipple are unclothed and visible. ``(4) Visual depiction of a nude minor.--The term `visual depiction of a nude minor' means any visual depiction (as that term is defined in section 2256(5)) of an individual who is recognizable by an individual other than the depicted individual from the intimate image itself or information or text displayed in connection with the intimate image who was under 18 years of age at the time the visual depiction was created in which the actual anus, genitals, or pubic area, or post-pubescent female nipple, of the minor are unclothed, visible, and displayed in a manner that does not constitute sexually explicit conduct. ``(5) Sexually explicit conduct.--The term `sexually explicit conduct' has the meaning given that term in section 2256(2)(A). ``(b) Offense.-- ``(1) In general.--Except as provided in subsection (d), it shall be unlawful to knowingly mail, or to distribute using any means or facility of interstate or foreign commerce or affecting interstate or foreign commerce, an intimate visual depiction of an individual-- ``(A) with knowledge of or reckless disregard for the lack of consent of the individual to the distribution; ``(B) where what is depicted was not voluntarily exposed by the individual in a public or commercial setting; and ``(C) where what is depicted is not a matter of public concern. For purposes of this paragraph, the fact that the subject of the depiction consented to the creation of the depiction shall not establish that that person consented to its distribution. ``(2) Minors.--Except as provided in subsection (d), it shall be unlawful to knowingly mail, or to distribute using any means or facility of interstate or foreign commerce or affecting interstate or foreign commerce, a visual depiction of a nude minor with intent to abuse, humiliate, harass, or degrade the minor, or to arouse or gratify the sexual desire of any person. ``(c) Penalty.-- ``(1) In general.--Any person who violates subsection (b), or attempts or conspires to do so, shall be fined under this title, imprisoned not more than 5 years, or both. ``(2) Forfeiture.-- ``(A) In general.--The court, in imposing a sentence on any person convicted of a violation involving intimate visual depictions or visual depictions of a nude minor under this section, or convicted of a conspiracy of a violation involving intimate visual depictions or visual depictions of a nude minor under this section, shall order, in addition to any other sentence imposed and irrespective of any provision of State law, that such person forfeit to the United States-- ``(i) any material distributed in violation of this section; ``(ii) such person's interest in property, real or personal, constituting or derived from any gross proceeds of such violation, or any property traceable to such property, obtained or retained directly or indirectly as a result of such violation; and ``(iii) any property, real or personal, used or intended to be used to commit or to facilitate the commission of such offense. ``(B) Procedures.--Section 413 of the Controlled Substances Act (21 U.S.C. 853), with the exception of subsections (a) and (d), applies to the criminal forfeiture of property pursuant to subparagraph (A). ``(3) Restitution.--Restitution shall be available as provided in section 2264 of title 18, United States Code. ``(d) Exceptions.-- ``(1) Law enforcement, lawful reporting, and other legal proceedings.--This section-- ``(A) does not prohibit any lawfully authorized investigative, protective, or intelligence activity of a law enforcement agency of the United States, a State, or a political subdivision of a State, or of an intelligence agency of the United States; ``(B) shall not apply in the case of an individual acting in good faith to report unlawful activity or in pursuance of a legal or professional or other lawful obligation; and ``(C) shall not apply in the case of a document production or filing associated with a legal proceeding. ``(2) Service providers.--This section shall not apply to any provider of a communications service with regard to content provided by another information content provider unless the provider of the communications service intentionally solicits, or knowingly and predominantly distributes, such content. ``(e) Threats.--Any person who threatens to commit an offense under subsection (b) shall be punished as provided in subsection (c). ``(f) Extraterritoriality.--There is extraterritorial Federal jurisdiction over an offense under this section if the defendant or the depicted individual is a citizen or permanent resident of the United States. ``(g) Civil Forfeiture.--The following shall be subject to forfeiture to the United States in accordance with provisions of chapter 46 and no property right shall exist in them: ``(1) Any material distributed in violation of this chapter. ``(2) Any property, real or personal, that was used, in any manner, to commit or to facilitate the commission of a violation involving intimate visual depictions or visual depictions of a nude minor under this section or a conspiracy of a violation involving intimate visual depictions or visual depictions of a nude minor under this section. ``(3) Any property, real or personal, constituting, or traceable to the gross proceeds obtained or retained in connection with or as a result of a violation involving intimate visual depictions or visual depictions of a nude minor under this section, a conspiracy of a violation involving intimate visual depictions or visual depictions of a nude minor under this section. ``(h) Rule of Construction.--Nothing in this section shall be construed to limit the application of any other relevant law, including section 2252 of this title.''. (b) Clerical Amendment.--The table of sections for chapter 88 of title 18, United States Code, is amended by inserting after the item relating to section 1801 the following: ``1802. Certain activities relating to intimate visual depictions.''. &lt;all&gt; </pre></body></html>
[ "Crime and Law Enforcement", "Civil actions and liability", "Crimes against children", "Criminal procedure and sentencing", "Domestic violence and child abuse", "Internet, web applications, social media", "Pornography", "Sex offenses", "Telephone and wireless communication" ]
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118S413
Stock Buyback Accountability Act of 2023
[ [ "B000944", "Sen. Brown, Sherrod [D-OH]", "sponsor" ], [ "W000779", "Sen. Wyden, Ron [D-OR]", "cosponsor" ], [ "S001194", "Sen. Schatz, Brian [D-HI]", "cosponsor" ], [ "V000128", "Sen. Van Hollen, Chris [D-MD]", "cosponsor" ], [ "R000122", "Sen. Reed, Jack [D-RI]", "cosponsor" ], [ "L000570", "Sen. Lujan, Ben Ray [D-NM]", "cosponsor" ], [ "B001230", "Sen. Baldwin, Tammy [D-WI]", "cosponsor" ], [ "M000133", "Sen. Markey, Edward J. [D-MA]", "cosponsor" ], [ "W000802", "Sen. Whitehouse, Sheldon [D-RI]", "cosponsor" ] ]
<p> <strong>Stock Buyback Accountability Act of 2023 </strong></p> <p>This bill increases from 1% to 4% the rate of the excise tax on the repurchase of corporate stock.</p>
<html><body><pre>[Congressional Bills 118th Congress] [From the U.S. Government Publishing Office] [S. 413 Introduced in Senate (IS)] &lt;DOC&gt; 118th CONGRESS 1st Session S. 413 To amend the Internal Revenue Code of 1986 to increase the rate of the excise tax on the repurchase of corporate stock, and for other purposes. _______________________________________________________________________ IN THE SENATE OF THE UNITED STATES February 14, 2023 Mr. Brown (for himself, Mr. Wyden, Mr. Schatz, Mr. Van Hollen, Mr. Reed, Mr. Lujan, and Ms. Baldwin) 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 increase the rate of the excise tax on the repurchase of corporate stock, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Stock Buyback Accountability Act of 2023''. SEC. 2. MODIFICATIONS TO TAX ON REPURCHASE OF CORPORATE STOCK. (a) Increase in Rate of Tax.--Section 4501(a) of the Internal Revenue Code of 1986 is amended by striking ``1 percent'' and inserting ``4 percent''. (b) Modification of Adjustments.--Section 4501(c)(3) of the Internal Revenue Code of 1986 is amended-- (1) by striking ``The amount'' and inserting the following: ``(A) In general.--The amount'', and (2) by adding at the end the following new subparagraph: ``(B) Exception for stock issued to covered employees.--Subparagraph (A) shall not apply to so much of the fair market value of any stock issued or provided to an employee who is a covered employee (within the meaning of section 162(m)(3)).''. (c) Effective Date.-- (1) Rate.--The amendment made by subsection (a) section shall apply to repurchases (within the meaning of section 4501(c) of the Internal Revenue Code of 1986) of stock after the date of the enactment of this Act. (2) Adjustments.--The amendments made by subsection (b) shall apply to stock issued or provided after the date of the enactment of this Act, in taxable years ending after such date. &lt;all&gt; </pre></body></html>
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118S414
Caring for Survivors Act of 2023
[ [ "T000464", "Sen. Tester, Jon [D-MT]", "sponsor" ], [ "B001236", "Sen. Boozman, John [R-AR]", "cosponsor" ], [ "K000383", "Sen. King, Angus S., Jr. [I-ME]", "cosponsor" ], [ "R000608", "Sen. Rosen, Jacky [D-NV]", "cosponsor" ], [ "C001113", "Sen. Cortez Masto, Catherine [D-NV]", "cosponsor" ], [ "M001176", "Sen. Merkley, Jeff [D-OR]", "cosponsor" ], [ "P000145", "Sen. Padilla, Alex [D-CA]", "cosponsor" ], [ "S001181", "Sen. Shaheen, Jeanne [D-NH]", "cosponsor" ], [ "W000800", "Sen. Welch, Peter [D-VT]", "cosponsor" ] ]
<html><body><pre>[Congressional Bills 118th Congress] [From the U.S. Government Publishing Office] [S. 414 Introduced in Senate (IS)] &lt;DOC&gt; 118th CONGRESS 1st Session S. 414 To amend title 38, United States Code, to improve and to expand eligibility for dependency and indemnity compensation paid to certain survivors of certain veterans, and for other purposes. _______________________________________________________________________ IN THE SENATE OF THE UNITED STATES February 14, 2023 Mr. Tester (for himself and Mr. Boozman) introduced the following bill; which was read twice and referred to the Committee on Veterans' Affairs _______________________________________________________________________ A BILL To amend title 38, United States Code, to improve and to expand eligibility for dependency and indemnity compensation paid to certain survivors of certain veterans, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Caring for Survivors Act of 2023''. SEC. 2. INCREASE IN AMOUNT OF DEPENDENCY AND INDEMNITY COMPENSATION FOR SURVIVING SPOUSES. (a) Increase.--Section 1311(a) of title 38, United States Code, is amended in paragraph (1), by striking ``of $1,154'' and inserting ``equal to 55 percent of the rate of monthly compensation in effect under section 1114(j) of this title''. (b) Effective Date.-- (1) In general.--Except as provided by paragraph (2), the amendments made by subsection (a) shall apply with respect to compensation paid under chapter 13 of title 38, United States Code, for months beginning after the date that is six months after the date of the enactment of this Act. (2) Special rule for certain individuals.-- (A) In general.--For months beginning after the date that is six months after the date of the enactment of this Act, the Secretary of Veterans Affairs shall pay to an individual described in subparagraph (B) dependents and survivors income security benefit under section 1311 of title 38, United States Code, in the monthly amount that is the greater of the following: (i) The amount determined under subsection (a)(3) of such section 1311, as in effect on the day before the date of the enactment of this Act. (ii) The amount determined under subsection (a)(1) of such section 1311, as amended by subsection (a). (B) Individuals described.--An individual described in this subparagraph is an individual eligible for dependents and survivors income security benefit under section 1311 of title 38, United States Code, that is predicated on the death of a veteran before January 1, 1993. SEC. 3. MODIFICATION OF REQUIREMENTS FOR DEPENDENCY AND INDEMNITY COMPENSATION FOR SURVIVORS OF CERTAIN VETERANS RATED TOTALLY DISABLED AT TIME OF DEATH. Section 1318 of title 38, United States Code, is amended-- (1) in subsection (a)-- (A) by striking ``The Secretary'' and inserting ``(1) Except as provided in paragraph (2), the Secretary''; and (B) by adding at the end the following new paragraph: ``(2) In any case in which the Secretary makes a payment under paragraph (1) of this subsection by reason of subsection (b)(1) and the period of continuous rating immediately preceding death is less than 10 years, the amount payable under paragraph (1) of this subsection shall be an amount that bears the same relationship to the amount otherwise payable under such paragraph as the duration of such period bears to 10 years.''; and (2) in subsection (b)(1), by striking ``10 or more years'' and inserting ``five or more years''. &lt;all&gt; </pre></body></html>
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118S415
Food and Energy Security Act
[ [ "T000250", "Sen. Thune, John [R-SD]", "sponsor" ], [ "B001261", "Sen. Barrasso, John [R-WY]", "cosponsor" ], [ "B001310", "Sen. Braun, Mike [R-IN]", "cosponsor" ], [ "C000880", "Sen. Crapo, Mike [R-ID]", "cosponsor" ], [ "F000463", "Sen. Fischer, Deb [R-NE]", "cosponsor" ], [ "L000571", "Sen. Lummis, Cynthia M. [R-WY]", "cosponsor" ], [ "M001190", "Sen. Mullin, Markwayne [R-OK]", "cosponsor" ], [ "R000584", "Sen. Risch, James E. [R-ID]", "cosponsor" ], [ "R000605", "Sen. Rounds, Mike [R-SD]", "cosponsor" ] ]
<p><strong>Food and Energy Security Act </strong></p> <p>This bill provides requirements for specified federal financial agencies when regulating activity that could impact the extension of capital or investments to agricultural- or energy-related businesses. </p> <p>Specifically, an agency must analyze the economic impact of any such regulation. If the analysis estimates that the regulation would increase prices, and if the consumer price index exceeds a certain level, the agency is prohibited from implementing the regulation. </p>
<html><body><pre>[Congressional Bills 118th Congress] [From the U.S. Government Publishing Office] [S. 415 Introduced in Senate (IS)] &lt;DOC&gt; 118th CONGRESS 1st Session S. 415 To provide reliable and evidence-based food and energy security. _______________________________________________________________________ IN THE SENATE OF THE UNITED STATES February 14, 2023 Mr. Thune (for himself, Mr. Barrasso, Mr. Braun, Mr. Crapo, Mrs. Fischer, Ms. Lummis, Mr. Mullin, Mr. Risch, and Mr. Rounds) introduced the following bill; which was read twice and referred to the Committee on Banking, Housing, and Urban Affairs _______________________________________________________________________ A BILL To provide reliable and evidence-based food and energy security. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Food and Energy Security Act''. SEC. 2. DEFINITIONS. In this Act: (1) Agricultural or closely related business.--The term ``agricultural or closely related business'' means a for-profit or not-for-profit entity that is involved in-- (A) the production of agricultural products or livestock; or (B) the supply chain of an entity involved in the production of agricultural products or livestock. (2) Energy or closely related business.--The term ``energy or closely related business'' means a for-profit or not-for- profit entity that is involved in-- (A) the production, development, or marketing of electricity, fuel (including biofuels), or other related products; or (B) the supply chain of an entity involved in the production, development, or marketing of electricity, fuel (including biofuels), or other related products. (3) Federal regulator.--The term ``Federal regulator'' means-- (A) the Board of Governors of the Federal Reserve System; (B) the Office of the Comptroller of the Currency; (C) the Federal Deposit Insurance Corporation; (D) the Financial Stability Oversight Council; (E) the National Credit Union Administration; (F) the Bureau of Consumer Financial Protection; (G) the Commodity Futures Trading Commission; and (H) the Securities and Exchange Commission. SEC. 3. REGULATIONS AND GUIDANCE. (a) In General.--As part of any public notice of a proposed regulation, final regulation, or guidance that could affect, directly or indirectly, the extension of capital to or investments in an agricultural or closely related business or an energy or closely related business, a Federal regulator shall provide a detailed analysis of the estimated impact the regulation or guidance would have on food prices, electricity prices, and fuel prices, as applicable, including a description of the methodology and variables used in the estimates. (b) Contents.--The estimated impacts required under subsection (a) shall include how the proposed regulation or guidance would, as applicable, affect-- (1) food prices (broken down by the applicable expenditure categories listed in the Consumer Price Index for All Urban Consumers published by the Bureau of Labor Statistics of the Department of Labor) over 1 year, 3 years, 5 years, and 10 years; (2) electricity prices (broken down by the applicable expenditure categories listed in the Consumer Price Index for All Urban Consumers published by the Bureau of Labor Statistics of the Department of Labor) over 1 year, 3 years, 5 years, and 10 years; and (3) fuel prices (broken down by the applicable expenditure categories listed in the Consumer Price Index for All Urban Consumers published by the Bureau of Labor Statistics of the Department of Labor) over 1 year, 3 years, 5 years, and 10 years. SEC. 4. PROHIBITION. A Federal regulator shall not implement any regulation or guidance that could affect, directly or indirectly, the extension of capital to or investments in an agricultural or closely related business or an energy or closely related business if-- (1) the analysis of estimated impacts under section 3 estimate that implementation of the regulation or guidance would result in an increase in food prices, electricity prices, or fuel prices; and (2) the annualized rate of increase in the Consumer Price Index for All Urban Consumers most recently published by the Bureau of Labor Statistics of the Department of Labor is 4.5 percent or greater. SEC. 5. RULE OF CONSTRUCTION. Nothing in this Act may be construed as affecting any regulation or guidance of a Federal regulator that was implemented before January 1, 2023. &lt;all&gt; </pre></body></html>
[ "Finance and Financial Sector" ]
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118S416
Holding Accountable Russian Mercenaries Act
[ [ "W000437", "Sen. Wicker, Roger F. [R-MS]", "sponsor" ], [ "C000141", "Sen. Cardin, Benjamin L. [D-MD]", "cosponsor" ], [ "S001181", "Sen. Shaheen, Jeanne [D-NH]", "cosponsor" ], [ "T000476", "Sen. Tillis, Thomas [R-NC]", "cosponsor" ], [ "B001277", "Sen. Blumenthal, Richard [D-CT]", "cosponsor" ], [ "G000359", "Sen. Graham, Lindsey [R-SC]", "cosponsor" ], [ "W000802", "Sen. Whitehouse, Sheldon [D-RI]", "cosponsor" ], [ "R000595", "Sen. Rubio, Marco [R-FL]", "cosponsor" ], [ "B001243", "Sen. Blackburn, Marsha [R-TN]", "cosponsor" ], [ "H001046", "Sen. Heinrich, Martin [D-NM]", "cosponsor" ], [ "S001217", "Sen. Scott, Rick [R-FL]", "cosponsor" ], [ "K000377", "Sen. Kelly, Mark [D-AZ]", "cosponsor" ], [ "G000386", "Sen. Grassley, Chuck [R-IA]", "cosponsor" ], [ "M001183", "Sen. Manchin, Joe, III [D-WV]", "cosponsor" ], [ "D000563", "Sen. Durbin, Richard J. [D-IL]", "cosponsor" ], [ "Y000064", "Sen. Young, Todd [R-IN]", "cosponsor" ] ]
<p><b>Holding Accountable Russian Mercenaries Act or the HARM Act</b></p> <p>This bill requires the Department of State to designate the Wagner Group as a foreign terrorist organization. Such designation also applies to any affiliated and successor entities undertaking malign activities against the United States and its allies or partners. </p> <p>(Among other things, such a designation allows the Department of the Treasury to require financial institutions to block transactions involving the organization.)</p> <p>The President may waive the application of sanctions against these entities if the President determines it to be in the national interest. <br> </p>
<html><body><pre>[Congressional Bills 118th Congress] [From the U.S. Government Publishing Office] [S. 416 Introduced in Senate (IS)] &lt;DOC&gt; 118th CONGRESS 1st Session S. 416 To designate the Russian-based mercenary Wagner Group as a foreign terrorist organization, and for other purposes. _______________________________________________________________________ IN THE SENATE OF THE UNITED STATES February 14, 2023 Mr. Wicker (for himself, Mr. Cardin, Mrs. Shaheen, Mr. Tillis, Mr. Blumenthal, Mr. Graham, Mr. Whitehouse, and Mr. Rubio) introduced the following bill; which was read twice and referred to the Committee on Foreign Relations _______________________________________________________________________ A BILL To designate the Russian-based mercenary Wagner Group as a foreign terrorist organization, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLES. This Act may be cited as the ``Holding Accountable Russian Mercenaries Act'' or the ``HARM Act''. SEC. 2. FINDINGS. Congress makes the following findings: (1) The Secretary of State's designation of an entity as a foreign terrorist organization results from a determination that-- (A) the entity is foreign and engages in terrorism or terrorist activity; and (B) the terrorist activity threatens the security of the United States or its nationals. (2) The activities of the Wagner Group and affiliated entities of Russian national Yevgeniy Prigozhin pose a threat to the national interests and national security of the United States and allies and partners of the United States, including with respect to Russia's war on Ukraine, which President Biden declared, on March 2, 2022, ``pose[s] an unusual and extraordinary threat to the national security and foreign policy of the United States''. (3) On June 20, 2017, the Department of the Treasury's Office of Foreign Assets Control designated the Wagner Group and its military leader, Dmitry Utkin, pursuant to Executive Order 13660 (50 U.S.C. 1701 note; relating to blocking property of certain persons contributing to the situation in Ukraine) ``for being responsible for or complicit in, or having engaged in, directly or indirectly, actions or policies that threaten the peace, security, stability, sovereignty or territorial integrity of Ukraine''. (4) On September 20, 2018, the Department of State added Yevgeniy Prigozhin and his affiliated entities, including the Wagner Group, to the list of persons identified as part of, or operating for or on behalf of, the defense or intelligence sectors of the Government of the Russian Federation under section 231 of the Countering America's Adversaries Through Sanctions Act (22 U.S.C. 9525). (5) On January 20, 2023, a White House spokesperson announced that the Department of the Treasury will designate the Wagner Group as a significant transnational criminal organization pursuant to Executive Order 13581 (50 U.S.C. 1701 note; relating to blocking property of transnational criminal organizations), consistent with the authority granted to the President under section 203(a) of the International Emergency Economic Powers Act (50 U.S.C. 1702). (6) The Wagner Group, a self-described private actor that undertakes military action and subversive operations at the behest of the Government of the Russian Federation, is a ``terrorist group'' that engages in ``terrorism'' (as defined in section 140(d) of the Foreign Relations Authorization Act, Fiscal Year 1988 and 1989 (22 U.S.C. 2656f(d))), which is ``premeditated, politically motivated violence perpetrated against noncombatant targets by subnational groups or clandestine agents''. (7) The Wagner Group and its affiliated entities have committed, or are credibly accused of committing, terrorist activity (as defined in section 212(a)(3)(B) of the Immigration and Nationality Act (8 U.S.C. 1182(a)(3)(B))), through their involvement in-- (A) the massacres, rape, and torture of civilians in Bucha, Ukraine, in March 2022; (B) the massacres in Moura, Mali, in March 2022; (C) the massacres of migrant workers and civilians in mining regions along the Sudan- Central African Republic border in 2022; (D) the murder of Russian journalists in the Central African Republic in June 2018 as well as threats against United States journalists investigating such incident; (E) the kidnapping of children in the Central African Republic in 2022 to work in mines; (F) the rape and sex trafficking of women and children in the Central African Republic between 2018 and 2022; (G) the sabotage and lethal suppression of civilian protestors in Sudan in 2019; (H) the use of nerve agents against Libya's Government of National Accord and deployment of illegal land mines and booby-traps in civilian areas of Tripoli between 2019 and 2020; (I) the torture and execution of a Syrian national in June 2017; (J) efforts to assassinate Ukrainian President Volodymyr Zelensky in March 2022; and (K) the receipt of weapons shipments initially reported in December 2022 from the Democratic People's Republic of Korea, which the Secretary of State had designated a state sponsor of terrorism on November 20, 2017. SEC. 3. SENSE OF CONGRESS. It is the sense of Congress that-- (1) the Russian-based mercenary Wagner Group meets the criteria for designation by the Secretary of State as a foreign terrorist organization under section 219(a) of the Immigration and Nationality Act (8 U.S.C. 1189(a)); and (2) the Secretary of State should designate the Wagner Group as a foreign terrorist organization under such section 219(a). SEC. 4. DESIGNATION OF THE MERCENARY WAGNER GROUP AS A FOREIGN TERRORIST ORGANIZATION. (a) In General.--Upon the enactment of this Act, the Secretary of State shall designate the Wagner Group as a foreign terrorist organization in accordance with section 219(a) of the Immigration and Nationality Act (8 U.S.C. 1189(a)). (b) Application.--The designation required under subsection (a) shall equally apply to any affiliated and successor entities to the Wagner Group undertaking malign activities against the United States and its allies and partners, including activities taking place in Ukraine, Africa, and the Middle East. (c) Waiver.--The President may waive the application of sanctions under this section if the President determines and reports to the appropriate congressional committees that such a waiver is in the national security interest of the United States. (d) Annual Report.--Not later than 1 year after the date of the enactment of this Act, and annually thereafter, the Secretary of State shall submit a report to the appropriate congressional committees describing the international activities of the Russian-based mercenary Wagner Group. (e) Defined Term.--In this section, the term ``appropriate congressional committees'' means-- (1) the Committee on Armed Services of the Senate; (2) the Committee on Foreign Relations of the Senate; (3) the Committee on Banking, Housing, and Urban Affairs of the Senate; (4) the Committee on Financial Services of the House of Representatives; (5) the Committee on Foreign Affairs of the House of Representatives; (6) the Committee on the Judiciary of the House of Representatives; and (7) the Committee on Armed Services of the House of Representatives. &lt;all&gt; </pre></body></html>
[ "International Affairs" ]
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118S417
Francis G. Newlands Memorial Removal Act
[ [ "V000128", "Sen. Van Hollen, Chris [D-MD]", "sponsor" ], [ "C000141", "Sen. Cardin, Benjamin L. [D-MD]", "cosponsor" ] ]
<p><b>Francis G. Newlands Memorial Removal Act </b></p> <p>This bill directs the Department of the Interior to remove or permanently conceal the name of Francis Newlands on the grounds of the memorial fountain located at Chevy Chase Circle in the District of Columbia and take other specified actions.</p> <p>Specifically, Interior must</p> <ul> <li>remove the brass plaque bearing the name <i>Senator Francis G. Newlands</i> from the grounds of the memorial fountain located at Chevy Chase Circle in the District; </li> <li>remove from the south end of the memorial fountain's face, the stone, tablet-like projection bearing the name of <i>Francis Griffith Newlands</i> and a related inscription; </li> <li>remove or permanently conceal the name <i>Newlands Memorial Fountain</i> carved into the upper face of the memorial fountain's coping stones; and </li> <li>offer the items removed to the descendants of Francis Griffith Newlands for a 60-day period, and if not claimed within that period, direct the removed items to be maintained by the National Park Service as federal property and accessioned into the Rock Creek Park museum collection.</li> </ul>
<html><body><pre>[Congressional Bills 118th Congress] [From the U.S. Government Publishing Office] [S. 417 Introduced in Senate (IS)] &lt;DOC&gt; 118th CONGRESS 1st Session S. 417 To direct the Secretary of the Interior to remove or permanently conceal the name of Francis Newlands on the grounds of the memorial fountain located at Chevy Chase Circle in the District of Columbia, and for other purposes. _______________________________________________________________________ IN THE SENATE OF THE UNITED STATES February 14, 2023 Mr. Van Hollen (for himself and Mr. Cardin) 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 remove or permanently conceal the name of Francis Newlands on the grounds of the memorial fountain located at Chevy Chase Circle in the District of Columbia, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Francis G. Newlands Memorial Removal Act''. SEC. 2. REMOVAL OF PLAQUE AND CONCRETE FROM MEMORIAL FOUNTAIN GROUNDS. (a) In General.--The Secretary of the Interior shall-- (1) remove the brass plaque bearing the name ``Senator Francis G. Newlands'' from the grounds of the memorial fountain; (2) remove from the south end of the memorial fountain's face, the stone, tablet-like projection bearing the name of ``Francis Griffith Newlands'' and a related inscription; (3) remove or permanently conceal the name ``Newlands'' carved into the upper face of the memorial fountain's coping stones; and (4) offer the items removed pursuant to paragraphs (1), (2), and (3) to the descendants of Francis Griffith Newlands for a period of 60 days, and if not claimed within that period, direct the items removed pursuant to paragraphs (1), (2), and (3) to be maintained by the National Park Service as Federal property and accessioned into the Rock Creek Park museum collection. (b) Memorial Fountain.--For the purposes of this section, the term ``memorial fountain'' means the memorial fountain located at Chevy Chase Circle, Connecticut Avenue and Western Avenue, NW, in the District of Columbia. &lt;all&gt; </pre></body></html>
[ "Public Lands and Natural Resources", "District of Columbia", "Members of Congress", "Monuments and memorials", "Museums, exhibitions, cultural centers", "Racial and ethnic relations", "Senate" ]
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118S418
Justice for Jana Elementary Act of 2023
[ [ "H001089", "Sen. Hawley, Josh [R-MO]", "sponsor" ] ]
<p><b>Justice for Jana Elementary Act of 2023</b></p> <p>This bill establishes a program and requirements regarding schools impacted by radioactive contaminants, including in the Hazelwood School District in Missouri.</p> <p>Specifically, the bill requires the U.S. Army Corps of Engineers (USACE) to establish and execute new remediation goals for Jana Elementary School in the Hazelwood School District so that no portion of the site is subjected to radiation above background levels. (The school is located near Coldwater Creek, which is contaminated with radioactive waste from nearby sites used for the World War II nuclear weapons program.)</p> <p>The bill establishes a Radioactive School Assistance Program (and fund) to provide financial assistance to local educational agencies that have been financially impacted by the presence of radioactive contaminants stemming from U.S. atomic energy activities.</p> <p>Under the bill, schools in the Hazelwood School District in Missouri must be designated as vicinity properties of the St. Louis Airport Site for purposes of the USACE Formerly Utilized Sites Remedial Action Program. Such schools must be investigated, including via on-site inspections and sampling, in accordance with the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) and the National Contingency Plan (i.e., the national plan for responding to spills or releases of hazardous substances).</p> <p>The Department of Energy must review and report on the methodology and results of all tests for radioactive contaminants conducted at Jana Elementary School.</p>
<html><body><pre>[Congressional Bills 118th Congress] [From the U.S. Government Publishing Office] [S. 418 Introduced in Senate (IS)] &lt;DOC&gt; 118th CONGRESS 1st Session S. 418 To provide financial assistance to schools impacted by radioactive contaminants, and for other purposes. _______________________________________________________________________ IN THE SENATE OF THE UNITED STATES February 14, 2023 Mr. Hawley introduced the following bill; which was read twice and referred to the Committee on Environment and Public Works _______________________________________________________________________ A BILL To provide financial assistance to schools impacted by radioactive contaminants, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Justice for Jana Elementary Act of 2023''. SEC. 2. DEFINITIONS. In this Act: (1) Covered school.--The term ``covered school'' means a school that is part of the Hazelwood School District in the State of Missouri. (2) Fund.--The term ``Fund'' means the Radioactive School Assistance Fund established under section 4(a). (3) Impacted school.--The term ``impacted school'' means a public elementary school or secondary school-- (A) that closed on or after January 1, 2020; and (B) where the Formerly Utilized Sites Remedial Action Program of the Corps of Engineers detected radiation above background levels-- (i) on school property; or (ii) otherwise, within 1000 feet of a building containing classrooms or other educational facilities of the school. (4) Jana elementary school.--The term ``Jana Elementary School'' means the school located at 405 Jana Drive in Florissant, Missouri. (5) Local educational agency.--The term ``local educational agency'' has the meaning given the term in section 8101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801). (6) National contingency plan.--The term ``National Contingency Plan'' means the National Contingency Plan-- (A) prepared and published under section 311(d) of the Federal Water Pollution Control Act (33 U.S.C. 1321(d)); or (B) revised under section 105 of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9605). (7) Program.--The term ``Program'' means the Radioactive School Assistance Program established in accordance with section 4(b). (8) Secretary.--The term ``Secretary'' means the Secretary of Energy. (9) Vicinity property.--The term ``vicinity property'' has the meaning given the term in the Engineer Regulation ER 200-1- 4 of the Corps of Engineers entitled ``Formerly Utilized Sites Remedial Action Program'' and dated August 29, 2014 (or a successor document). SEC. 3. REMEDIATION OF JANA ELEMENTARY SCHOOL. Consistent with the requirements and obligations under the Formerly Utilized Sites Remedial Action Program of the Corps of Engineers, the Secretary of the Army shall-- (1) not later than 120 days after the date of the enactment of this Act, establish new remediation goals for Jana Elementary School that will result in the removal of all radioactive contamination at Jana Elementary School such that no portion of the site is subjected to radiation above background levels; and (2) after establishing remediation goals under paragraph (1), carry out activities necessary to achieve those goals. SEC. 4. FINANCIAL ASSISTANCE FOR SCHOOLS WITH RADIOACTIVE CONTAMINATION. (a) Radioactive School Assistance Fund.-- (1) Establishment.--There is established in the Treasury of the United States a fund to be known as the Radioactive School Assistance Fund to carry out the reimbursement program described in subsection (b). (2) Funding.--The Fund shall consist of amounts appropriated pursuant to the authorization of appropriations under section 7. (b) Radioactive School Assistance Program.--Not later than 30 days after the date of the enactment of this Act, the Secretary shall establish and implement a program to be known as the ``Radioactive School Assistance Program'' to provide financial assistance in accordance with subsection (c) to local educational agencies that have been financially impacted by the presence of radioactive contaminants stemming from the atomic energy activities of the United States Government. (c) Applications for Financial Assistance.-- (1) Reimbursement for testing.-- (A) In general.--The Secretary shall provide financial assistance to each local educational agency that submits to the Secretary an application that includes-- (i) a certification that the local educational agency incurred expenses while testing for radioactive contaminants at an impacted school; (ii) proof of such expenses; and (iii) proof that such testing-- (I) led to further testing under the Formerly Utilized Sites Remedial Action Program of the Corps of Engineers; or (II) was undertaken following testing by a private entity that found radioactive contamination. (B) Limitations.--Financial assistance provided to a local educational agency under this paragraph shall not exceed the amount expended by such local educational agency to test for radioactive contamination. (2) Funding for construction.-- (A) In general.--The Secretary shall provide financial assistance for the construction of a new school building to each local educational agency that submits to the Secretary an application that includes the following: (i) A plan for the construction of a new school building. (ii) Documentation that a school under the jurisdiction of the local educational agency is an impacted school. (iii) A budget for the construction of a new school building. (iv) A certification that the local educational agency shall only use financial assistance provided under this paragraph for 1 or more of the following purposes: (I) To purchase land for the construction of a new school building. (II) To construct a new school building to replace an impacted school. (B) Limitations.-- (i) Amount of funding.--Financial assistance provided to a local educational agency under this paragraph shall not exceed $20,000,000 for each impacted school. (ii) Use of funds.--A local educational agency that receives financial assistance under this paragraph may only use such financial assistance for 1 or more of the following purposes: (I) To purchase land for the construction of a new school building. (II) To construct a new school building to replace an impacted school. (3) Considerations.--The Secretary may not reject an application submitted by a local educational agency for financial assistance under this subsection due to prior remediation by the Corps of Engineers or any other relevant Federal agency of an impacted school under the jurisdiction of such local educational agency. (d) Reports.--Not later than 60 days after the date of the enactment of this Act, the Secretary shall submit to Congress a report on the Program, which shall include-- (1) a description of the number of applications submitted under this section; and (2) a description of the amount of financial assistance provided to local educational agencies under this section. SEC. 5. INVESTIGATION OF SCHOOLS IN HAZELWOOD SCHOOL DISTRICT FOR CONTAMINATES. (a) Designation.--Notwithstanding any other provision of law, each covered school shall be designated as a vicinity property of the St. Louis Airport Site of the Formerly Utilized Sites Remedial Action Program of the Corps of Engineers. (b) Investigation.-- (1) In general.--The Secretary of the Army shall investigate and characterize each covered school in accordance with the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601 et seq.) and the National Contingency Plan, including, at a minimum, carrying out a preliminary assessment and site inspection of each covered school. (2) Inclusion.--An investigation of a covered school under paragraph (1) shall include on-site investigatory efforts and sampling in accordance with section 300.420(c)(2) of title 40, Code of Federal Regulations (as in effect on the date of enactment of this Act). (c) Reports.--The Secretary of the Army shall develop and make available to the public, for each covered school, a report that includes the results of the investigation under subsection (b), including-- (1) the results of the on-site investigatory efforts; (2) a summary of the results of sampling under paragraph (2) of that subsection for contaminants of concern, including the average and highest detected levels of each contaminant of concern; and (3) an evaluation of the danger posed to students and employees of the covered school by the levels of contamination. (d) Community Relations.--In carrying out this section, the Secretary of the Army shall comply with all applicable requirements relating to community relations and public notification under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601 et seq.), section 311 of the Federal Water Pollution Control Act (33 U.S.C. 1321), and sections 300.415, 300.430, and 300.435 of title 40, Code of Federal Regulations (as in effect on the date of enactment of this Act). SEC. 6. REVIEW AND REPORT OF RADIOACTIVE TESTING AT JANA ELEMENTARY SCHOOL. (a) Review.--Not later than 30 days after the date of the enactment of this Act, the Secretary shall review the methodology and results of all tests for radioactive contaminants conducted at Jana Elementary School, including-- (1) tests conducted by the Corps of Engineers; (2) tests conducted by Boston Chemical Data Corporation; and (3) tests commissioned by the Hazelwood School District in the State of Missouri. (b) Report.-- (1) In general.--Not later than 45 days after the date of the enactment of this Act, the Secretary shall submit to Congress a report on the review required by subsection (a). (2) Contents.--The report required by paragraph (1) shall include-- (A) for each test described in subsection (a), an evaluation of-- (i) the reliability of the methodology used-- (I) to conduct such test; and (II) to evaluate the results of such test; and (ii) the reliability of the opinions contained in any report summarizing the test; and (B) an evaluation of the danger posed to children by any radioactive contaminants found at Jana Elementary School. SEC. 7. AUTHORIZATION OF APPROPRIATIONS. There is authorized to be appropriated for fiscal year 2023 $25,000,000 to carry out this Act. &lt;all&gt; </pre></body></html>
[ "Environmental Protection", "Building construction", "Child safety and welfare", "Congressional oversight", "Educational facilities and institutions", "Elementary and secondary education", "Government studies and investigations", "Hazardous wastes and toxic substances", "Radioactive wastes and releases", "Worker safety and health" ]
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118S419
MATURE Act
[ [ "H001089", "Sen. Hawley, Josh [R-MO]", "sponsor" ] ]
<html><body><pre>[Congressional Bills 118th Congress] [From the U.S. Government Publishing Office] [S. 419 Introduced in Senate (IS)] &lt;DOC&gt; 118th CONGRESS 1st Session S. 419 To require social media platforms to verify that all individuals who create an account on the platform are age 16 or older, and for other purposes. _______________________________________________________________________ IN THE SENATE OF THE UNITED STATES February 14, 2023 Mr. Hawley introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation _______________________________________________________________________ A BILL To require social media platforms to verify that all individuals who create an account on the platform are age 16 or older, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Making Age-Verification Technology Uniform, Robust, and Effective Act'' or the ``MATURE Act''. SEC. 2. REQUIRING SOCIAL MEDIA PLATFORMS TO VERIFY THAT ACCOUNT HOLDERS ARE OF APPROPRIATE AGE. (a) Requirement.-- (1) In general.--Except as provided in subsection (c), beginning on the date that is 6 months after the date of enactment of this Act, the operator of a social media platform shall not allow an individual to create an account on the platform unless the individual is age 16 or older, as verified by the platform using an age verification process that meets the requirements specified in paragraph (2). (2) Age verification process requirements.--The requirements specified in this paragraph are, with respect to an age verification process and a social media platform, that the platform require any individual who attempts to create an account on the platform to provide the platform with-- (A) the individual's full legal name; (B) the individual's date of birth; and (C) a scan, image, or upload of government-issued identification of the individual that verifies the information required under subparagraphs (A) and (B). (b) Use of Data Collected for Age Verification Purposes; Deletion of Data.-- (1) In general.--The operator of a social media platform shall not sell, transfer, or use any information collected from an individual for the purpose of verifying the individual's identity and age for any other purpose. (2) Deletion of data.--If an account on a social media platform is deleted (whether at the request of the account holder or otherwise), the operator of the social media platform shall delete any information collected from an individual for the purpose of verifying the individual's identity and age not later than 30 days after the date of such deletion. (c) Application to Existing Accounts.--The operator of a social media platform may continue to allow an individual to maintain and use an account on the platform without verifying that the individual is age 16 or older as required under subsection (a) if-- (1) the account was created by the individual before the date that is 6 months after the date of enactment of this Act; and (2) no other individual uses the account. SEC. 3. FTC COMPLIANCE AUDITS. (a) In General.--Not later than 1 year after the date of enactment of this Act, and not less frequently than every 6 months thereafter, the Commission shall conduct an audit of each large social media platform by comparing the age verification information associated with a randomly selected sample of all accounts created on the platform since the last audit was conducted under this section (or, in the case of the first audit conducted under this section, since the date that is 6 months after the date of enactment of this Act) to State and Federal records to confirm that the individuals creating such accounts are age 16 or older. (b) Compliance Standards.--An operator of a large social media platform shall not be considered to be in violation of the requirements of section 2(a) if-- (1) with respect to the first and second audits conducted under this section, the Commission determines that 90 percent of the accounts reviewed under the audit are accurate and in compliance with the requirements of such section; (2) with respect to the third and fourth audits conducted under this section, the Commission determines that 95 percent of the accounts reviewed under the audit are accurate and in compliance with the requirements of such section; and (3) with respect to the fifth audit and any subsequent audit conducted under this section, the Commission determines that 100 percent of the accounts reviewed under the audit are accurate and in compliance with the requirements of such section. SEC. 4. ENFORCEMENT. (a) Unfair or Deceptive Acts or Practices.--A violation of section 2 shall be treated as a violation of a rule defining an unfair or deceptive act or practice prescribed under section 18(a)(1)(B) of the Federal Trade Commission Act (15 U.S.C. 57a(a)(1)(B)). (b) Powers of the Commission.-- (1) In general.--The Commission shall enforce section 2 in the same manner, by the same means, and with the same jurisdiction, powers, and duties as though all applicable terms and provisions of the Federal Trade Commission Act (15 U.S.C. 41 et seq.) were incorporated into and made a part of this Act. (2) Privileges and immunities.--Any person who violates section 2 shall be subject to the penalties and entitled to the privileges and immunities provided in the Federal Trade Commission Act (15 U.S.C. 41 et seq.). (3) Effect on other laws.--Nothing in this Act shall be construed to limit the authority of the Commission under any other provision of law. (c) Private Right of Action.-- (1) In general.--Any parent or guardian of an individual less than 16 years of age to whom a social media account is provided in violation of this Act may bring a civil action against the social media company in an appropriate district court of the United States or a State court of competent jurisdiction for-- (A) injunctive relief; (B) damages; and (C) attorney's fees and costs. (2) Application.--Paragraph (1) shall apply to any violation that occurs after the fourth audit described in section 3(b)(2). SEC. 5. DEFINITIONS. In this Act: (1) Commission.--The term ``Commission'' means the Federal Trade Commission. (2) Government-issued identification.--The term ``government-issued identification'' means, with respect to an individual, a government-issued document that demonstrates the individual's identity and age, including-- (A) a passport or visa; (B) a birth certificate; (C) a driver's license; (D) an identification card issued by a State; or (E) another document determined appropriate by the Commission. (3) Social media platform; large social media platform.-- (A) Social media platform.--The term ``social media platform'' means any electronic medium, such as Facebook, Instagram, YouTube, or Twitter (as such services existed in 2023), a live-chat system, or an electronic dating service that-- (i) primarily serves as a medium for users to interact with original content generated by other third-party users of the medium; (ii) enables users to create accounts or profiles specific to the medium or to import profiles from another medium; and (iii) enables 1 or more users to generate original content that can be viewed by other third-party users of the medium. (B) Large social media platform.--The term ``large social media platform'' means a social media platform that-- (i) averages more than 1,000,000 unique users on a monthly basis; or (ii) has more than 1,000,000 user accounts. (C) Exclusion.--The term ``social media platform'' shall not include a platform that only permits users to interact via a predetermined set of phrases, emoticons, or nonlinguistic symbols. &lt;all&gt; </pre></body></html>
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118S42
BUILD for Veterans Act of 2023
[ [ "T000464", "Sen. Tester, Jon [D-MT]", "sponsor" ], [ "M001111", "Sen. Murray, Patty [D-WA]", "cosponsor" ], [ "B000944", "Sen. Brown, Sherrod [D-OH]", "cosponsor" ], [ "W000805", "Sen. Warner, Mark R. [D-VA]", "cosponsor" ], [ "B001277", "Sen. Blumenthal, Richard [D-CT]", "cosponsor" ] ]
<p><b>Build, Utilize, Invest, Learn, and Deliver for Veterans Act of 2023 or the BUILD for Veterans Act of 2023</b></p> <p>This bill addresses Department of Veterans Affairs (VA) capital asset management, planning, and investment.</p> <p>Among other requirements, the VA must </p> <ul> <li>ensure it has dedicated offices or entities and sufficient staff to conduct relevant critical responsibilities for the life cycle of capital asset management at the local, regional, and central office levels;</li> <li>establish a staffing model to ensure a minimum base level of capital asset staffing;</li> <li>develop goals and metrics to assess and improve the performance of VA capital asset management programs;</li> <li>comprehensively review the climate resilience of its facilities, land, and other relevant capital assets;</li> <li>submit the Strategic Plan to Improve VA's Delivery and Management of Capital Assets; and</li> <li>review all relevant authorities of the VA to determine whether the provisions are meaningful, relevant, and reflect current operational needs, organization structure, and all other necessary requirements for the full life cycle of effective and efficient management of capital assets.</li> </ul> <p>The Inspector General of the VA must examine and report on the management and performance of relevant capital asset projects of the VA.</p> <p>The Government Accountability Office must review and report on the VA's progress toward meeting the goals, metrics, and other plans set forth in this bill.</p> <p>The bill also requires various reports from the VA relating to capital asset improvement and the implementation of capital asset directives (e.g., reports on the VA's physical infrastructure and information technology needs).</p>
<html><body><pre>[Congressional Bills 118th Congress] [From the U.S. Government Publishing Office] [S. 42 Introduced in Senate (IS)] &lt;DOC&gt; 118th CONGRESS 1st Session S. 42 To improve the management and performance of the capital asset programs of the Department of Veterans Affairs so as to better serve veterans, their families, caregivers, and survivors, and for other purposes. _______________________________________________________________________ IN THE SENATE OF THE UNITED STATES January 24 (legislative day, January 3), 2023 Mr. Tester (for himself, Mrs. Murray, Mr. Brown, and Mr. Warner) introduced the following bill; which was read twice and referred to the Committee on Veterans' Affairs _______________________________________________________________________ A BILL To improve the management and performance of the capital asset programs of the Department of Veterans Affairs so as to better serve veterans, their families, caregivers, and survivors, and for other 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 ``Build, Utilize, Invest, Learn, and Deliver for Veterans Act of 2023'' or the ``BUILD for Veterans Act of 2023''. (b) Table of Contents.--The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Definitions. TITLE I--CAPITAL ASSET MANAGEMENT Sec. 101. Improving capital asset staffing of Department of Veterans Affairs. Sec. 102. Development of performance metrics of capital asset management by Department of Veterans Affairs and monitoring for improvement. Sec. 103. Expansion of membership of the Capital Asset Planning Committee. TITLE II--STRATEGIC PLAN AND REPORTS Sec. 201. Review of climate resilience of facilities, land, and other relevant capital assets of Department of Veterans Affairs. Sec. 202. Strategic plan to improve planning, management, budgeting, staffing, capacity, and performance of Department of Veterans Affairs capital asset activities. Sec. 203. Centralized management of capital asset disposal and reuse and annual report on completion of disposal and reuse activities of Department of Veterans Affairs. Sec. 204. Report on options to improve minor construction program of Department of Veterans Affairs. Sec. 205. Report on improvements to alignment of information technology funding and activation of medical and other space of Department of Veterans Affairs. Sec. 206. Reports on key capital asset investments, activities, and performance of Department of Veterans Affairs. Sec. 207. Reports on projected need for funding for infrastructure and capital assets of Department of Veterans Affairs. Sec. 208. Inspector General of the Department of Veterans Affairs reports on Department infrastructure projects. Sec. 209. Comptroller General reports on capital asset program management and execution by Department of Veterans Affairs. Sec. 210. Report on dental care physical infrastructure needs of Department of Veterans Affairs. Sec. 211. Report on long-term care physical infrastructure needs of Department of Veterans Affairs. Sec. 212. Report on feasibility and advisability of using a dedicated budget account for maintenance of capital assets of Department of Veterans Affairs. Sec. 213. Report on women veterans retrofit initiative. Sec. 214. Report on capital asset and information technology needs of the research and development program of Department of Veterans Affairs. Sec. 215. Review and report on provisions of law relating to Department of Veterans Affairs capital asset management and oversight. Sec. 216. Improving prevention, detection, and reporting of waste, fraud, and abuse in Department of Veterans Affairs capital asset projects and activities. SEC. 2. DEFINITIONS. In this Act: (1) Appropriate committees of congress.--The term ``appropriate committees of Congress'' means-- (A) the Committee on Veterans' Affairs and the Committee on Appropriations of the Senate; and (B) the Committee on Veterans' Affairs and the Committee on Appropriations of the House of Representatives. (2) Capital asset.--The term ``capital asset'' means the physical infrastructure, land, buildings, and other related items under the operation and control of the Department of Veterans Affairs, including the information technology and other support systems needed to ensure the physical space can be used to deliver intended services and functions of the Department. TITLE I--CAPITAL ASSET MANAGEMENT SEC. 101. IMPROVING CAPITAL ASSET STAFFING OF DEPARTMENT OF VETERANS AFFAIRS. (a) Capital Asset Personnel of the Department.-- (1) Requirement for dedicated offices and sufficient staff.--Not later than 540 days after the date of the enactment of this Act, the Secretary of Veterans Affairs shall ensure that the Department of Veterans Affairs has dedicated offices or entities and sufficient staff, including at each medical center of the Department, to conduct relevant critical responsibilities for the life-cycle of capital asset management at the local, regional, and central office level. This may include ensuring such mix as the Secretary considers appropriate of personnel with duties from the following categories: (A) Facility planning. (B) Long-range capital planning. (C) Management of projects and capital assets relating to the execution of major construction projects, minor construction projects, major leases, minor leases, nonrecurring maintenance, and related matters at medical centers and facilities of the Department in the surrounding catchment areas of the centers and facilities. (D) Property disposal or transfer, environmental remediation, and historic preservation. (E) Engineering, including matters relating to seismic repairs and projects. (F) Maintenance and repair of existing infrastructure. (G) The collection of views of veterans and employees of the Department to understand the capital assets needs of the Department. (H) Other relevant functions relating to the full life-cycle of capital asset management of the Department as determined by the Secretary. (2) Tasks.--To the greatest extent practicable, the Secretary shall ensure that each of the categories of duties under paragraph (1) are assigned to a different individual or group of individuals so as-- (A) to organize common work in a cohesive manner; and (B) not to overburden a small number of individuals with such requirements. (3) Lead official.--Not later than 180 days after the date of the enactment of this Act, the Secretary shall-- (A) designate one individual as the lead senior official responsible for integration and coordination of, and accountability for, the evaluation of the capital asset workforce needs of the Department, the staffing model established under paragraph (4), and the ongoing implementation and monitoring of actions to ensure adequate capital asset staffing across the Department, including those at the field, regional, and central offices of the Veterans Health Administration, the National Cemetery Administration, the Veterans Benefits Administration, and the Office of Acquisition, Logistics, and Construction; and (B) notify the appropriate committees of Congress who has been designated under subparagraph (A). (4) Staffing model.-- (A) In general.--Not later than one year after the date of the enactment of this Act, the Secretary shall establish a staffing model for the relevant administrations, staff offices, and other elements of the Department to carry out paragraph (1) that-- (i) ensures a minimum base level of capital asset staffing; and (ii) is adjusted based on the volume and complexity of capital asset work of a particular facility, catchment area, region, or central office responsibility. (B) Update.--The Secretary shall update the staffing model under subparagraph (A) regularly to ensure it is effective in carrying out paragraph (1). (5) Treatment of states and territories without a medical center.--In the case of a State or territory of the United States in which the Department does not operate a full-service medical center, the Secretary shall, in carrying out paragraph (1), ensure, to the greatest extent practicable, that the Department has a dedicated office or entity and sufficient staff at the largest medical facility of the Department in that State or territory, and any reference in this section to a medical center shall be deemed to be a reference to that medical facility. (6) Purpose and intent.--The purpose of this subsection is to ensure that field, regional, and central offices of the Department of Veterans Affairs have an appropriately sized and credentialed capital asset workforce to allow for efficient and effective execution of their relevant segment of capital asset work. Nothing in this subsection is intended to mandate a realignment of capital asset workforce roles, responsibilities, and reporting structures. (b) Qualifications.--The Secretary shall ensure that appropriate professional certifications, educational background, and other qualifications are in effect for individuals employed in a position at a dedicated office or entity required by subsection (a) to manage the duties under the categories set forth under subsection (a)(1). (c) Duties of Dedicated Offices or Entities at Medical Centers.-- (1) In general.--The duties of a dedicated office or entity required by subsection (a) at a medical center of the Department may include such combination of the following duties as the Secretary considers appropriate to achieve efficient and effective capital asset management and performance as it pertains to relevant activities at the field level: (A) The development, monitoring, and implementation of capital asset objectives for the catchment area surrounding the medical center, including community- based outpatient clinics and other sites of care of the Department in that area. (B) The coordination of capital asset management and planning with counterparts at other medical centers of the Department in the region and facility planners for the Veterans Integrated Service Network or Networks in the region. (C) Effective delivery of capital asset projects. (D) Maintenance and repair of infrastructure. (E) Capital asset disposal or transfer, environmental remediation, and historic preservation. (F) Regularly monitoring state-of-the-art best practices in health care capital asset delivery and management. (G) Constantly monitoring the needs of veterans and employees of the Department as it relates to medical space and services at the medical center and facilities in the catchment area surrounding the medical center to forward plan and identify and submit plans, through processes of the Department, to meet those needs, including by formulating local and regional capital improvement and asset management plans for medical facilities of the Department through the regular collection of-- (i) views and expectations of veterans, including as expressed by relevant local or national veterans service organizations, in that area who are eligible users of health care and related services provided by the Department with respect to-- (I) preferences and needs of those veterans for the care received from medical facilities of the Department in that area; and (II) the need for improvements and enhancements to infrastructure of the Department; and (ii) views of relevant medical staff of the Department at the medical center and facilities in that catchment area regarding their preferences and needs for how to deliver health care to veterans and how those preferences impact the infrastructure needs of the Department. (H) Understanding the capital asset policies, procedures, and directives of the Department, including those issued by the central office of the Department, the Veterans Health Administration, Veterans Integrated Service Networks, the Office of Acquisition, Logistics, and Construction, the Office of Asset Enterprise Management, the Office of General Counsel, the Office of Information and Technology, or any successor offices, and any other office of the Department with significant responsibility over capital asset management and planning. (I) Implementing locally the policies, procedures, and directives described in subparagraph (H). (J) Providing feedback regarding ways in which the policies, procedures and directives described in subparagraph (H) can be improved. (K) Understanding the importance for collaboration and coordination among all relevant offices of the Department, including the Office of Acquisition, Logistics, and Construction, the Office of Asset Enterprise Management, the Office of Information and Technology, or successor offices with similar functions, and other internal stakeholders as required to achieve success in all phases of capital asset management. (2) Collection of views and expectations.-- (A) In general.--Views and expectations may be collected under paragraph (1)(G) through multiple channels and the process used for such collection shall ensure that the views and expectations collected provide a representative sample of the population from which such views and expectations are collected. (B) Confidentiality.--Any information collected under paragraph (1)(G) shall be collected in a manner that provides an option for submission of views that are anonymous and confidential. (C) Inclusion of diverse viewpoints.--In collecting views and expectations of veterans and medical staff under paragraph (1)(G), an office, entity, or relevant staff described in subsection (a) for a medical center of the Department shall ensure that the viewpoints of a diverse population of veterans being served by the medical center and medical staff of the medical center or in the catchment area of the medical center are captured. (D) Coordination with existing efforts of department.--In carrying out paragraph (1)(G) and this paragraph, the Secretary shall use, as the Secretary considers appropriate, existing efforts and expertise of the Department through the Veterans Health Administration, Office of Acquisition, Logistics, and Construction, the Office of Asset Enterprise Management, and the Veterans Experience Office. (E) Usage of views and expectations.--The views and expectations collected under paragraph (1)(G) shall be used to inform the offices, entities, or relevant staff described in subsection (a)(1) and the broader leadership of a medical center and Veterans Integrated Service Networks of the Department to develop plans for capital asset improvement. (d) Development of Standard Process To Solicit Views on Effectiveness.-- (1) In general.--Subject to paragraph (3), the Secretary shall develop a standardized process to regularly solicit feedback from individuals and entities described in paragraph (2) regarding the effectiveness of and ways to improve-- (A) the infrastructure and capital asset management investment processes and procedures of the central office of the Department and Veterans Integrated Service Networks of the Department; and (B) the guidance of the central office and Veterans Integrated Service Networks regarding such processes and procedures to the medical centers, facilities in the surrounding catchment areas of those medical centers, and Veterans Integrated Service Networks, as appropriate. (2) Individuals and entities described.--The individuals and entities described in this paragraph are the following: (A) Each office, entity, or relevant staff described in subsection (a)(1) for a medical center of the Department. (B) Medical staff of the Department at facilities in the surrounding catchment area of the medical center. (C) Veterans Integrated Service Networks. (D) Staff of offices within the central office of the Department, including the Office of Acquisition, Logistics, and Construction, the Office of Asset Enterprise Management, and the Office of Information and Technology, or successor offices with similar functions. (E) The Veterans Health Administration, including its Office of Healthcare Environment and Facilities Programs. (F) Such other offices as the Secretary determines relevant. (3) Alignment with market area assessments.--To the degree practicable, the Secretary shall align the process developed and standardized under paragraph (1) with the performance of market area assessments under section 7330C(a) of title 38, United States Code. (4) Confidentiality.--Any information collected under paragraph (1) shall be collected in a manner that provides an option for submission of views that are anonymous and confidential. (e) Use of Report Findings.--The Secretary shall use the results of the report required under section 202 in establishing the offices, entities, or organizational structures required under subsection (a) and carrying out any other requirements of this section. SEC. 102. DEVELOPMENT OF PERFORMANCE METRICS OF CAPITAL ASSET MANAGEMENT BY DEPARTMENT OF VETERANS AFFAIRS AND MONITORING FOR IMPROVEMENT. (a) In General.--Not later than one year after the date of the enactment of this Act, the Secretary of Veterans Affairs shall-- (1) develop meaningful and measurable goals and metrics-- (A) to assess the performance of the capital asset management programs of the Department of Veterans Affairs, including those carried out by a non- Department Federal entity under section 8103(e)(1) of title 38, United States Code, to allow the Secretary to make sound decisions regarding construction, leasing, acquisition, maintenance, and disposal of capital assets; and (B) that are in alignment with Department strategic plans, budgets, and mission to serve veterans, their families, and caregivers; (2) develop an internal dashboard or other tool to monitor progress towards meeting those goals; (3) establish and implement internal governance processes to direct necessary changes to improve performance and achievement of those goals; and (4) submit to appropriate committees of Congress a report on the development of those goals and metrics in paragraph (1) and the implementation of the internal dashboard or other tool under paragraph (2) and the internal governance process under paragraph (3). (b) Internal Dashboard.--The Secretary shall ensure that the internal dashboard developed under subsection (a)(2) includes meaningful and relevant metrics that-- (1) evaluate capital asset management performance of the Department and provide relevant information to guide necessary improvements; and (2) are developed consistent with recommendations set forth by the Comptroller General of the United States. (c) Consideration of Part Two of Strategic Plan to Improve VA's Delivery and Management of Capital Asset.--In developing the internal dashboard under subsection (a)(2), the Secretary shall consider the findings in part two of the Strategic Plan to Improve VA's Delivery and Management of Capital Asset required under section 202(a)(4). SEC. 103. EXPANSION OF MEMBERSHIP OF THE CAPITAL ASSET PLANNING COMMITTEE. Not later than 180 days after the date of the enactment of this Act, in order to facilitate Federal health infrastructure planning, coordination, and investment, the Deputy Secretary of Veterans Affairs and the Under Secretary of Defense for Personnel and Readiness shall modify the membership of the Capital Asset Planning Committee established as a subordinate entity of the Department of Veterans Affairs-Department of Defense Joint Executive Committee established under section 320 of title 38, United States Code, to include the following: (1) Not fewer than one officer or employee of the Indian Health Service. (2) Not fewer than one officer or employee of the Department of Health and Human Services who is not an employee of the Indian Health Service. TITLE II--STRATEGIC PLAN AND REPORTS SEC. 201. REVIEW OF CLIMATE RESILIENCE OF FACILITIES, LAND, AND OTHER RELEVANT CAPITAL ASSETS OF DEPARTMENT OF VETERANS AFFAIRS. (a) In General.--The Secretary of Veterans Affairs shall conduct a comprehensive review of the climate resilience of facilities, land, and other relevant capital assets under the authority and jurisdiction of the Secretary. (b) Elements.-- (1) In general.--The review conducted under subsection (a) shall-- (A) provide a comprehensive assessment of existing facilities, land, and other relevant capital assets that may be at risk due to changes in the climate, including potential vulnerabilities related to-- (i) proximity to a body of water; (ii) proximity to an area prone to flooding; (iii) proximity to an area prone to wild fire; (iv) proximity to an area prone to tornadoes, hurricanes, or other storms; and (v) such other matters as the Secretary considers appropriate after consulting with the United States Global Change Research Program on the best available observations and forward- looking climate projections by region, including sea level rise data; (B) include a description of strategies to improve the climate resilience of existing facilities, land, and other relevant capital assets at risk due to changes in the climate, including potential modifications to facility operations and maintenance practices, and the cost of such strategies; (C) include an analysis of the current design standards and building codes used by the Department of Veterans Affairs to site, plan, build, lease, renovate, and purchase land, facilities, infrastructure, and other capital assets of the Department and whether those design standards and building codes reflect both observed and forward-looking climate information; (D) include an analysis of the effect of climate change on energy usage, energy sources, and utility systems of the Department and the Department's mitigation strategies; (E) use, in consultation with the United States Global Change Research Program, forward-looking climate information and other projections to anticipate changing environmental conditions during the design life of existing or planned facilities, land, and other capital assets of the Department and make relevant decisions and planning strategies based on this information; (F) after consulting with the United States Global Change Research Program and other relevant Federal and non-Federal entities, include recommendations for best practices, standards, and solutions for future placement, planning, renovation, leasing, purchase, construction, and disposal of facilities and land of the Department so as to avoid or mitigate the challenges resulting from placing a facility in an area at risk of being vulnerable to harm from the impacts of changing environmental conditions; and (G) assess how the Department can incorporate climate resilience information into its processes and procedures for capital asset investment decisions. (2) Sources of information and projections.--Sources of information and projections used under paragraph (1)(E) may include the Bureau of the Census (for population projections), the National Academies of Sciences, Engineering, and Medicine (for land use change projections and climate projections), the United States Geological Survey (for land use change projections), the United States Global Change Research Program and the National Climate Assessment (for climate observations and projections), and such other sources as the Secretary considers reliable in consultation with the United States Global Change Research Program. (c) Reports.-- (1) Mission critical assets.--Not later than 540 days after the date of the enactment of this Act, the Secretary shall submit to the appropriate committees of Congress a report detailing the results of the review conducted under subsection (a) with respect to mission critical capital assets of the Department and the actions the Secretary will take in response to the findings of such review. (2) All assets.--Not later than one year after the date on which the Secretary submits the report under paragraph (1), the Secretary shall submit to the appropriate committees of Congress a report detailing the results of the review conducted under subsection (a) with respect to all capital assets of the Department and the actions the Secretary will take in response to the findings of such review. (3) Elements.--Each report submitted under paragraphs (1) and (2) shall include, with respect to the assets covered by the respective report, the following: (A) Recommendations for legislative and administrative action to mitigate and respond to the findings contained in the review conducted under subsection (a). (B) A description of action taken or to be taken by the Secretary to improve the climate resilience of existing facilities, land, infrastructure and other relevant capital assets under the jurisdiction or control of the Department. (C) A description of changes in policy, directives, and procedures of the Department to mitigate, plan for, and improve resilience of future constructed, leased, or other facilities, land, infrastructure, and other relevant capital assets under the jurisdiction or control of the Department. (D) A description of how the Department will incorporate climate resilience information into its processes and procedures for capital asset investment decisions. (E) A description of changes the Department will make to ensure the facilities, land, infrastructure, and other relevant capital assets of the Department are available to furnish care and services under section 1785 of title 38, United States Code, during or following a disaster or emergency. (F) The estimated cost to implement the changes described in the report. (G) The estimated timeline to implement the changes described in the report. (H) Such other matters, recommendations, or requests as the Secretary considers appropriate, including recommendations for relevant legislative or administrative action. (4) Updates.-- (A) In general.--Not later than five years after the date on which the Secretary submits the report under paragraph (2) and not less frequently than once every five years thereafter until the date that is 23 years after the date of the enactment of this Act, the Secretary shall submit to the appropriate committees of Congress an update of the report submitted under paragraph (2). (B) Contents.--Each update submitted under subparagraph (A) shall describe the efforts of the Department since the submittal of the latest report or update, as the case may be, relating to matters covered by the report and such other matters as the Secretary considers appropriate. (d) Climate Resilience Defined.--In this section, the term ``climate resilience'' means-- (1) anticipating, preparing for, and adapting to changing environmental conditions such as variations in average weather conditions that persist over multiple decades or longer that encompass increases and decreases in temperature, shifts in precipitation, and changing risk of certain types of severe weather events; and (2) the ability to withstand, respond to, and recover rapidly from disruptions while ensuring the sustainment of mission-critical operations. SEC. 202. STRATEGIC PLAN TO IMPROVE PLANNING, MANAGEMENT, BUDGETING, STAFFING, CAPACITY, AND PERFORMANCE OF DEPARTMENT OF VETERANS AFFAIRS CAPITAL ASSET ACTIVITIES. (a) Initial Strategic Plan.-- (1) In general.--Not later than one year after the date of the enactment of this Act, the Secretary of Veterans Affairs shall submit to the appropriate committees of Congress a strategic plan to improve the planning, management, budgeting, staffing, capacity, and performance by the Department of Veterans Affairs relating to capital assets. Such strategic plan shall be known as the ``Strategic Plan to Improve VA's Delivery and Management of Capital Assets'' (in this subsection referred to as the ``Plan''). (2) Structure.--The Plan shall consist of not fewer than two parts as set forth in this subsection. (3) Part one.-- (A) In general.--Part one of the Plan shall focus on the human capital needs for the capital asset and related areas workforce of the Department (in this subsection referred to as ``Part One''). (B) Elements.--Part One shall include the following: (i) A description of the steps being taken by the Department, including by the lead official designated under section 101(a)(3), and the steps that the Department plans to take during the 10-year period following the date of the Plan, including a specific timeline, to ensure sufficient capital asset personnel at the local, regional, and central office levels of the Department are available and prepared-- (I) to execute the current level of capital asset work, including maintenance, delivery of new facilities, disposal, and reuse; (II) to handle future capital asset work described in subclause (I) during such 10-year period; and (III) to perform any other capital asset activities as identified by the Secretary. (ii) A plan that addresses the needed capital asset workforce of the Department by-- (I) identifying and describing the staffing needs and status of such workforce, including-- (aa) the number of currently authorized positions; (bb) the number of filled positions of those positions authorized; (cc) the number of unfilled positions of those positions authorized, including reasons why those positions are not filled and steps the Department is taking to fill those positions; (dd) the number of current positions needed above the level currently authorized; and (ee) future needs, including expected growth or reduction of personnel, during the 10-year period following the date of the Plan; (II) providing the data under subclause (I) at the Departmental level, disaggregated by relevant divisions of the Department and by-- (aa) data for the Veterans Health Administration, broken out by field, Veterans Integrated Service Network, and central office, including the Office of Healthcare Environment and Facilities Programs; (bb) data for the Office of Acquisition, Logistics, and Construction, broken out by field, region, and central office; (cc) data for the National Cemetery Administration, broken out by field, region, and central office; (dd) data for the Veterans Benefits Administration, broken out by field, region, and central office; (ee) data for the Office of Asset Enterprise Management; (ff) data for the Office of Information and Technology, broken out by field, region, and central office; and (gg) data for all other offices of the Department not covered under items (aa) through (ff) that have capital asset staff or significant capital asset responsibilities or are key enablers and support functions for capital asset management at the field, regional, or central office level; and (III) including an estimate of the funding required to accomplish filling the unfilled and future positions specified under subclause (I) during the 10-year period following the date of the Plan. (iii) A description of the efforts taken and planned to be taken by the Department to recruit, retain, and develop the existing and future capital asset workforce of the Department. (iv) A description of any changes needed to the qualifications, standards, position descriptions and other related matters to ensure the qualification standards of the workforce, including those resulting from implementation of section 101(b)-- (I) match the needs of the Department; and (II) align where appropriate with relevant Federal Government and industry standards and best practices. (v) A description of how the Department will coordinate the capital asset human capital efforts of the Department across the Veterans Health Administration, the Office of Acquisition, Logistics, and Construction, the National Cemetery Administration, the Veterans Benefits Administration, the Office of Asset Enterprise Management, or similar successor offices, and other entities of the Department so as to leverage collective efforts, reduce unnecessary duplication, and identify opportunities for collaboration and efficiency. (vi) With respect to a Department-wide succession plan for leadership and mission- critical occupations in the capital asset workforce of the Department-- (I) if such a plan is not already developed, a timeline for the development of such a plan; and (II) if such a plan is already developed, the current implementation status of such plan. (vii) An assessment of different regional challenges in rural, suburban, and urban areas to recruit and retain the necessary capital asset workforce of the Department and steps to be taken by the Department in response to such challenges. (viii) With respect to the report published by the National Academies of Sciences, Engineering, and Medicine on December 24, 2019, entitled ``Facilities Staffing Requirement for VHA-Resource Planning and Methodology for the Future''-- (I) a description of the recommendations from the report that have already implemented; (II) a plan and timeline to implement the recommendations from the report that have not already been implemented and the Secretary plans to implement; and (III) for each recommendation from the report that has not already been implemented and the Secretary does not plan to implement, a description of the recommendation and a justification for the decision not to implement the recommendation. (ix) A description of how the Department will leverage, where appropriate and relevant, contract support and partnerships with other Federal agencies, nonprofit organizations, and other entities to meet the short-, medium-, and long-term human capital needs for infrastructure to ensure that the Department has the experience and workforce needed to match the current and future projected infrastructure workload of the Department. (x) A description of any improvements to training or curriculum of the Department that are needed to enhance the education of the capital asset employees of the Department to ensure they are as proficient as possible in their jobs. (xi) A description of the status of the implementation of the staffing model established under section 101(a)(4). (xii) A description of such legislative or administrative action as the Secretary considers necessary to recruit, retain, and develop a strong capital asset management workforce. (xiii) Such other matters as the Secretary considers necessary. (C) Staff covered by strategic plan.--Part One shall cover all relevant staff required for the effective management of the entire life-cycle of facilities, land, infrastructure, and other relevant capital assets of the Department, including the following: (i) Individuals who keep facilities clean, such as janitorial and housekeeping staff and housekeeping aids. (ii) Individuals who maintain facilities, such as through repairs and preventative maintenance. (iii) Groundskeepers. (iv) Planners, engineers, and architects. (v) Project managers. (vi) Individuals with expertise in real estate, acquisition, leasing, and easements. (vii) Energy or utility experts, including experts with respect to energy efficiency and renewable energy. (viii) Individuals who work in-- (I) capital asset management; (II) healthcare architecture and engineering; (III) environmental management; or (IV) occupational safety and health. (ix) Individuals who conduct contracting, including contracting officers, related to capital assets locally, regionally, or nationally for all various types of construction or infrastructure work, such as minor construction, major construction, nonrecurring maintenance, and leases. (x) Individuals knowledgeable in relevant rules and procedures related to property disposal or transfer, environmental remediation, historic preservation, and other similar topics. (xi) Relevant legal counsel and staff of the Office of General Counsel needed to perform relevant duties that occur throughout the entire life-cycle of capital asset management activities. (xii) Any other position that has a critical role, including supporting or enabling functions, in the planning, contracting, delivery, maintenance, upkeep, and disposal of capital assets. (xiii) Any other positions the Secretary determines relevant. (4) Part two.-- (A) In general.--Part two of the Plan shall cover the methods undertaken by the Department to accomplish changes to improve the planning, execution, and delivery of capital asset projects of the Department, such as maintenance, renovations, land acquisition, disposal, reuse, or new construction or leasing, including through better planning, project management, cost, and schedule performance (in this subsection referred to as ``Part Two''). (B) Elements.--Part Two shall include the following: (i) A timeline for accomplishing the changes described in subparagraph (A). (ii) A description of the steps the Department is taking or plans to take to shorten the time it takes from project concept to completion while controlling costs and budget, and achieving established goals. (iii) A description of the steps the Department is taking or plans to take to increase the capacity and ability of the Department to complete a larger number of projects in a given year. (iv) A description of what new or modified contracting or other services, arrangements, strategies, contract vehicles or mechanisms, innovations, pilots, and partnerships the Department is planning to use during the five- year period following the date of the Plan, including-- (I) a timeline of how and when the Department will test and implement those approaches; and (II) a description of any limitations under current law (including regulations) that would prevent or are preventing the Department from using innovative contracting vehicles, services, arrangements, administrative action, or other agreements and strategies and what legislative changes are needed to facilitate use of those approaches, including a description of whether each limitation is a limitation for all Federal agencies or only for the Department. (v) A description of the costs incurred or added to meet Federal or Department standards, including those for resiliency, accessibility, and other areas that are needed and may be greater or more stringent than private industry standards. (vi) A description of the steps the Department is taking or plans to take to improve capital project delivery by standardizing facility design, modularizing facilities components, and taking other steps to accelerate project delivery while maintaining flexibility, agility, and quality, including a timeline for the completion of such steps. (vii) A description of steps the Department is taking or plans to take to make all of its relevant capital assets energy efficient. (viii) The steps the Secretary is taking or plans to take to ensure the Office of Information and Technology and the Office of Acquisition, Logistics, and Construction of the Department, or similar successor offices, are integrated into all relevant aspects of the capital asset planning and implementation process of the Department, including at the earliest stage of every relevant capital asset project in the field so as to improve communication, coordination, and project scope, cost, and schedule. (ix) A description of any other actions the Department is taking or plans to take to improve its delivery and management of capital assets. (x) A description of such legislative or administrative action as the Secretary considers necessary to more effectively manage and deliver needed capital assets of the Department. (xi) Such other matters as the Secretary considers necessary. (b) Subsequent Reports.--Not later than three years after the date on which the strategic plan required by subsection (a) is submitted pursuant to paragraph (1) of such subsection, and once every three years thereafter for a period of six years, the Secretary shall submit to the appropriate committees of Congress a report including-- (1) a description of any changes with respect to the matters described in paragraphs (3) and (4) of subsection (a) since the strategic plan was submitted or the previous report was submitted under this subsection, whichever may have been more recent; (2) an explanation of which plans, actions, and initiatives contained in the strategic plan or previous report, as the case may be, were carried out; (3) a list of plans, actions, and initiatives from the strategic plan or previous report, as the case may be, that were not carried out and the reasons for such lack of action; (4) a discussion of the results and performance of the Department since the strategic plan or the previous report, as the case may be, including in cost savings, faster project delivery, increased capacity to complete an increased number of projects in a given year, and reduction in the number of unaddressed priority capital asset improvements; and (5) such other matters as the Secretary considers necessary. SEC. 203. CENTRALIZED MANAGEMENT OF CAPITAL ASSET DISPOSAL AND REUSE AND ANNUAL REPORT ON COMPLETION OF DISPOSAL AND REUSE ACTIVITIES OF DEPARTMENT OF VETERANS AFFAIRS. (a) Centralized Management.-- (1) In general.--Not later than one year after the date of the enactment of this Act, the Secretary of Veterans Affairs shall, to the greatest extent practicable, centralize and consolidate the management and oversight of all disposal and reuse activities of the Department of Veterans Affairs within one office or sub-office of the Department which shall have the sole focus of property disposal, including reuse, transfer, and demolition. (2) Plans and goals.--The office or sub-office described in paragraph (1) shall be focused on developing and implementing a measurable plan with yearly goals to dispose of, reuse, or transfer relevant capital assets. (3) Consolidation of functions and employees.--To the greatest extent practical, the Secretary shall consolidate the functions and employees of the office or sub-office described in paragraph (1) within one organization element of the Department so as to improve effectiveness, efficiency, and accountability. (4) Disposal management report.-- (A) Report required.--Not later than one year after the date of the enactment of this Act, the Secretary shall submit to the appropriate Committees of Congress a report on the actions of the Secretary to carry out this subsection. (B) Contents.--The report submitted under subparagraph (A) shall include the following: (i) A description of whether and how the consolidation has been carried out as required by this subsection. (ii) Identification of the responsible single official with oversight over all capital asset disposals of the Department. (iii) Observations or conclusions regarding the challenges of managing capital asset disposals of the Department. (iv) Such recommendations for administrative or legislative action as the Secretary may have to improve the organization and effectiveness of the capital asset disposal work of the Department. (b) Initial Disposal and Reuse Progress Report.-- (1) Report required.--The Secretary shall include with the budget justification materials that are submitted to Congress in support of the Department budget for the first fiscal year beginning after the date of the enactment of this Act (as submitted with the budget of the President for such fiscal year under section 1105(a) of title 31, United States Code) a report containing a specific timeline to accomplish the disposal and reuse actions the Secretary included in the disposal and reuse reports included in the annual budget of the Department of Veterans Affairs submitted by the President under section 1105(a) of title 31, United States Code, or similar future reports. (2) Contents.--The report required by paragraph (1) shall include the following: (A)(i) A description of a specific timeline and plan to sell, reuse, dispose of, demolish, transfer, or otherwise manage the capital assets, including individual structures and buildings, that the Secretary has identified in the reports described in such paragraph in the next fiscal year and over the next five fiscal years. (ii) A description under clause (i) shall-- (I) indicate those disposal projects that the Secretary believes have a business case to conduct a disposal and those that the Secretary believes lack a business case; and (II) include an explanation for such reasoning. (B) A list of any impediments or challenges, on a project by project basis and in the aggregate, to carrying out any action described in subparagraph (A), including funding constraints, environmental remediation and preservation mitigation and any need for administrative or legislative action to address those impediments or challenges. (C) A discussion of whether disposal and reuse actions do not get completed or initiated because they may compete for resources with urgent health care delivery or other more time-sensitive infrastructure or other operational needs of the Department. (D) A detailed cost estimate of the funding, including funding type, needed to accomplish all of the actions described in paragraph (1), including the number of fiscal years for which such funding is needed and an indication of what funding for capital asset disposal and reuse activities is included in the budget of the President with which the report under such paragraph is included. (E) A discussion of whether the Department would benefit from having a distinct and separate account within the budget of the Department dedicated to the management of the disposal and reuse of these assets. (F) The cost to maintain capital assets waiting to be processed for disposal or reuse for the preceding fiscal year, disaggregated by project. (G) Such other matters as the Secretary considers appropriate. (c) Subsequent Disposal and Reuse Progress Reports.-- (1) Subsequent reports required.--For the first fiscal year after the fiscal year referred to in subsection (b)(1) and each fiscal year thereafter, the Secretary shall include with the budget justification materials that are submitted to Congress in support of the Department budget (as submitted with the budget of the President for such fiscal year under section 1105(a) of title 31, United States Code) a report on actions described in such subsection. (2) Contents.--Each report required by paragraph (1) shall include the following: (A) An update to the most recent report under subsection (b) or this subsection, as applicable, with respect to each of subparagraphs (A) through (G) of paragraph (2) of such subsection. (B) Information on how many disposal and reuse actions from the previous year's report were accomplished or not accomplished. (C) Information about what may have inhibited the accomplishment of those actions described in subparagraph (B) that were not accomplished. (D) A description of best practices or lessons learned with respect to actions described in subsection (b)(1). (E) Such other matters as the Secretary considers appropriate and relevant. SEC. 204. REPORT ON OPTIONS TO IMPROVE MINOR CONSTRUCTION PROGRAM OF DEPARTMENT OF VETERANS AFFAIRS. (a) Report Required.--Not later than 180 days after the date of the enactment of this Act, the Secretary of Veterans Affairs shall submit to the appropriate committees of Congress a report on potential options and alternatives to improve, reform, and provide more flexibility to the minor construction activities of the Department of Veterans Affairs so as to increase effectiveness in commencing and delivering minor construction capital asset projects. (b) Contents.--The report submitted under subsection (a) shall include the following: (1) A discussion regarding legislative or administrative action to define the term ``minor construction'' for purposes of Department budgeting and accounting by using an automatic adjustment of the threshold using-- (A) an index to adjust for inflation; and (B) another index to adjust for regional variations and trends in the cost of construction. (2) A discussion of whether the practice of the Department entering into multiple minor construction projects rather than one larger major construction project is an efficient best practice for delivery of capital asset projects. (3) A discussion of whether the Department should adopt any best practices of other Federal agencies or non-Federal entities for its minor construction capital asset projects. (4) Such other suggestions for legislative or administrative action as the Secretary may have with respect to the management, including project thresholds, of minor construction capital asset projects. (5) Such other matters as the Secretary considers appropriate. (c) Definitions.--In this section: (1) Major construction.--The term ``major construction'' means capital project to construct, alter, extend, or improve any facility that involves a total expenditure of more than $20,000,000, including a major medical facility project (as defined in section 8104(a)(3) of title 38, United States Code). (2) Minor construction.--The term ``minor construction'' means a capital project to construct, alter, extend, or improve any facility that involves a total expenditure of $20,000,000 or less. SEC. 205. REPORT ON IMPROVEMENTS TO ALIGNMENT OF INFORMATION TECHNOLOGY FUNDING AND ACTIVATION OF MEDICAL AND OTHER SPACE OF DEPARTMENT OF VETERANS AFFAIRS. (a) Report Required.--Not later than 180 days after the date of the enactment of this Act, the Secretary of Veterans Affairs shall submit to the appropriate committees of Congress a report on any potential improvements to the alignment of funding of the Department of Veterans Affairs for information technology so as to facilitate more effective and efficient activation of medical and other relevant space of the Department. (b) Elements.--The report required by subsection (a) shall include the following: (1) A description of any current limitations on funding mechanisms, including the timing and sequencing of information technology and health care resources that are needed to purchase, procure, and install information technology equipment and related information technology assets and services needed for the activation of medical and other relevant space of the Department, whether leased, owned, or otherwise under the jurisdiction of the Department. (2) Any proposed solutions the Secretary may have to address the limitations described in paragraph (1). (3) Any legislative or administrative action required to achieve the solutions described in paragraph (2). (4) Such other matters as the Secretary considers appropriate. SEC. 206. REPORTS ON KEY CAPITAL ASSET INVESTMENTS, ACTIVITIES, AND PERFORMANCE OF DEPARTMENT OF VETERANS AFFAIRS. (a) In General.--Section 8120 of title 38, United States Code, is amended to read as follows: ``Sec. 8120. Reports on key capital asset investments, activities, and performance ``(a) Capital Asset Investment, Activities, and Performance.-- ``(1) In general.--Not later than 30 days after the end of each fiscal year, and every 60 days thereafter until the end of that fiscal year, the Secretary shall submit to the appropriate committees of Congress a report on key capital asset investments, activities, and performance of the Department. ``(2) Elements.-- ``(A) First report in each fiscal year.--The first report under paragraph (1) in each fiscal year shall include the following: ``(i) A brief summary of each capital asset project that was completed in the previous fiscal year. ``(ii) A brief summary of the accomplishments, impediments, and challenges experienced by the Department with respect to capital asset projects in the previous fiscal year and a description of efforts made to address any such impediments and challenges. ``(iii) With respect to each capital asset project completed in such year, the following: ``(I) The type of project (major construction, minor construction, non- recurring maintenance, leases, or other category, including disposals). ``(II) The estimated total cost and the actual total cost of the project. ``(III) A description of the project. ``(IV) The location and facility with respect to which the project was carried out. ``(V) The fiscal quarter the project was expected to begin, the fiscal quarter the project began, the month and year the project was completed, and the fiscal quarter the facility in connection to such project was in use by veterans, employees of the Department, or other relevant users, as the case may be. ``(iv) In the case of any capital asset project completed during the previous fiscal year with respect to which the final cost of the project (or any increment of the project) was more than 10 percent greater than the estimated cost of the project (or increment) or the completion of such project (or increment) was more than 180 days later than the planned schedule for such project (or increment)-- ``(I) the reason for any such overage or delay; and ``(II) actions being taken to prevent any such overage or delay in future projects. ``(v) A list of any capital asset projects cancelled during the previous fiscal year, including any projects in the design phase and including the reason for the cancellation. ``(vi) A summary of total actual obligations for capital asset projects for the previous fiscal year, broken out by major construction, minor construction, non-recurring maintenance, and leases, from the medical facilities appropriation account of the Department. ``(vii) A projected list of capital asset projects, broken out by type of project under subclause (I), that are expected to be initiated during the current fiscal year and those that are expected to be completed during the current fiscal year, which shall include the following: ``(I) The type of project (major construction, minor construction, non- recurring maintenance, leases, or other category, including disposals). ``(II) The estimated total cost of the project. ``(III) A description of the project. ``(IV) The location and facility with respect to which the project was carried out or is expected to be carried out. ``(V) The fiscal quarter the project is expected to begin, the fiscal quarter the project is expected to be completed, and the fiscal quarter the facility in connection to such project is expected to be in use by veterans, employees of the Department, or other relevant users, as the case may be. ``(viii) Projected total obligations for capital asset projects for the current fiscal year, broken out by major construction, minor construction, non-recurring maintenance, and leases, from the medical facilities appropriation account of the Department. ``(ix) Such observations of best practices, impediments, and accomplishments related to the capital asset management and performance of the Department, including any legislative or administrative action, as the Secretary considers appropriate with respect to such practices, impediments, and accomplishments. ``(x) Meaningful metrics that show the progress of the Department toward meeting relevant goals of the Department relating to capital asset management. ``(xi) Such other matters as the Secretary considers appropriate. ``(B) Subsequent reports.--Each report in a fiscal year after the first report shall include, at a minimum, relevant updates on any capital asset projects that are ongoing during that fiscal year, including any updates to information provided with respect to such projects under subparagraph (A). ``(C) Metrics.--Beginning not later than two years after the date of the enactment of the BUILD for Veterans Act of 2023, the metrics described in subparagraph (A)(x) shall include the metrics developed under section 102(a)(1) of such Act. ``(3) Matters relating to reporting costs.--In each report under paragraph (1), when reporting on costs for capital asset projects, the Secretary may include information regarding Federal requirements, including those specific to the Department, that may not exist in the non-Federal construction sector that may increase costs for capital asset projects. ``(b) Super Construction Projects.-- ``(1) In general.--Not later than 30 days after the end of each fiscal year, and every 60 days thereafter until the end of that fiscal year, the Secretary shall submit to the appropriate committees of Congress a report on the super construction projects carried out by the appropriate non-Department Federal entity described in section 8103(e)(1) of this title during such year. ``(2) Elements.--Each report required under paragraph (1) shall include, for each project described in such paragraph-- ``(A) the budgetary and scheduling status of the project, as of the last day of the most recent fiscal quarter ending before the date on which the report is required to be submitted; and ``(B) the actual cost and schedule variances of the project, as of such day, compared to the planned cost and schedules for the project. ``(c) Definitions.--In this section: ``(1) Appropriate committees of congress.--The term `appropriate committees of Congress' means-- ``(A) the Committee on Appropriations and the Committee on Veterans' Affairs of the Senate; and ``(B) the Committee on Appropriations and the Committee on Veterans' Affairs of the House of Representatives. ``(2) Capital asset project.--The term `capital asset project' means a capital asset investment or activity of the Department. ``(3) Super construction project.--The term `super construction project' has the meaning given such term in section 8103(e)(3) of this title.''. (b) Clerical Amendment.--The table of sections at the beginning of subchapter I of chapter 81 of title 38, United States Code, is amended by striking the item relating to section 8120 and inserting the following new item: ``8120. Reports on key capital asset investments, activities, and performance.''. SEC. 207. REPORTS ON PROJECTED NEED FOR FUNDING FOR INFRASTRUCTURE AND CAPITAL ASSETS OF DEPARTMENT OF VETERANS AFFAIRS. (a) Initial Report.--Not later than 180 days after the date of the enactment of this Act, the Secretary of Veterans Affairs shall submit to the appropriate committees of Congress a report summarizing the projected amount of funding for infrastructure and capital assets that the Department of Veterans Affairs will need for the 10 fiscal years that begin immediately following such date. (b) Subsequent Reports.--The Secretary shall include in the annual budget of the Department submitted by the President under section 1105(a) of title 31, United States Code, for fiscal year 2025 and each fiscal year thereafter a report described in subsection (a) relating to the 10 fiscal years that begin immediately following the date on which such budget is submitted. (c) Elements.--Each report required by this section shall include, for each fiscal year covered by the report and for the entire period covered by the report, the following: (1) The projected funding needs of the Department disaggregated by funding purpose, including the following: (A) Land acquisition. (B) Operations and maintenance of facilities of the existing capital asset portfolio of the Department to include the minimum level of funding below which facilities could not be appropriately maintained. (C) Operations and maintenance of the planned future capital asset portfolio of the Department. (D) New construction, by type, including major construction, minor construction, and nonrecurring maintenance. (E) Leasing. (F) Activation of space. (G) Disposal, reuse, and remediation. (H) Staffing to support the planning, delivery, management, and maintenance of the Department's current and future capital asset portfolio. (I) Such other categories as the Secretary deems relevant. (2) The projected funding needs under paragraph (1) disaggregated by-- (A) not fewer than five major components of the Department that use infrastructure resources, including the Veterans Health Administration, the National Cemetery Administration, the Veterans Benefits Administration, the Office of Information and Technology, and all other staff offices of the Department; and (B) type of capital asset investment. (3) A description of the cost increases which may or have been incurred because of the delay in adequate, stable, and predictable funding and forward movement on capital asset projects. Such description may include a discussion of the negative effect of the lack of stable and predictable capital asset funding on the ability of the Department to plan, staff, and execute effective capital asset management. (4) A complete list of capital asset projects (regardless of size or type) for which all relevant preparatory work has been conducted and whose key limiting factor in commencing is lack of sufficient funds. (5) Such other matters as the Secretary considers appropriate, including matters relating to necessary legislative or administrative action. SEC. 208. INSPECTOR GENERAL OF THE DEPARTMENT OF VETERANS AFFAIRS REPORTS ON DEPARTMENT INFRASTRUCTURE PROJECTS. (a) In General.--Not later than three years after the date of the enactment of this Act, and at least twice during the six-year period beginning on the date that is three years after the date of the enactment of this Act, the Inspector General of the Department of Veterans Affairs shall submit to the appropriate committees of Congress a report examining the management and performance of relevant capital asset projects of the Department. (b) Sample Projects.--The Inspector General shall select meaningful and representative samples of categories of projects and project management efforts for review, including those that were initiated before the date of the enactment of this Act and those that were initiated on or after the date of the enactment of this Act, such as major construction, minor construction, nonrecurring maintenance, major and minor leases, land acquisition, and disposals. (c) Elements.--Each report submitted under subsection (a) may include, at the discretion of the Inspector General, the following: (1) A comparison of planned versus actual cost, schedule, and scope metrics. (2) Improvements or lack thereof to capital asset project management, including staffing, at the local, regional, or national levels. (3) Observations on key characteristics inhibiting successful delivery of projects or allowing for successful delivery of projects. (4) Identification of areas of waste, fraud, and abuse, if any. (5) Such other matters as the Inspector General considers appropriate. SEC. 209. COMPTROLLER GENERAL REPORTS ON CAPITAL ASSET PROGRAM MANAGEMENT AND EXECUTION BY DEPARTMENT OF VETERANS AFFAIRS. (a) In General.--Not later than three years after the date of the enactment of this Act and not less frequently than once every three years thereafter until the date that is 9 years after the date of the enactment of this Act, the Comptroller General of the United States shall submit to the appropriate committees of Congress a report reviewing the progress of the Department of Veterans Affairs toward meeting the goals, metrics, and other plans of the Department under this Act, particularly under sections 101, 102, and 202. (b) Elements.--Each report required by subsection (a) may include the following: (1) A review of the performance of the Department related to planning, oversight, management of human capital, contracting, and execution of capital asset projects. (2) A review of how the Department is complying with the requirements of this Act. (3) Such other topics as the Comptroller General considers appropriate. SEC. 210. REPORT ON DENTAL CARE PHYSICAL INFRASTRUCTURE NEEDS OF DEPARTMENT OF VETERANS AFFAIRS. Not later than one year after the date of the enactment of this Act, the Secretary of Veterans Affairs shall submit to the appropriate committees of Congress a report, disaggregated by medical center or other relevant health care facility of the Department of Veterans Affairs, on-- (1) the physical infrastructure needed (such as new facilities, renovations, remodels, leases, or other infrastructure) to provide dental services to veterans eligible for such services under the laws administered by the Secretary; and (2) the project by project cost and total cost to establish the physical infrastructure specified under paragraph (1) and an estimated timeline to complete such projects upon receipt of appropriate funding. SEC. 211. REPORT ON LONG-TERM CARE PHYSICAL INFRASTRUCTURE NEEDS OF DEPARTMENT OF VETERANS AFFAIRS. (a) In General.--Not later than one year after the date of the enactment of this Act, the Secretary of Veterans Affairs shall submit to the appropriate committees of Congress a report, disaggregated by medical center or other relevant health care facility of the Department of Veterans Affairs, identifying the physical infrastructure needs of the Department to support current and future anticipated long-term care needs and models of care for veterans, including-- (1) infrastructure needed to support the delivery of long- term care for women veterans, veterans with spinal cord injuries and diseases, veterans with traumatic brain injury, veterans with unique behavioral health needs, veterans with memory loss, and other population groups with unique needs or projected future needs; (2) information regarding the plans of the Department to provide such care as the Department builds internal capacity but space is not yet available to meet the demand for such care; and (3) with respect to any projects needed to provide the infrastructure specified under paragraph (1)-- (A) the estimated individual project cost and total cost to accomplish those projects; and (B) the estimated individual project timeline to accomplish each such project upon receipt of appropriate funding. (b) Inclusion of Information Regarding Prioritization of Certain Projects.--The Secretary shall include in the report required under subsection (a) information regarding how the infrastructure prioritization processes of the Department, such as the Strategic Capital Investment Planning process, or successor process, could be modified to include higher prioritization of projects that support the provision of a health care service that is not widely available, or is not available in compliance with appropriate quality or access standards, from non-Department providers. (c) Development of Report.--In developing the report required under subsection (a), the Secretary shall consult with relevant regional and national program offices of the Veterans Health Administration with responsibility to manage the various health care services covered by the report, including long-term care and care relating to spinal cord injuries and diseases, to ensure that the report contains a holistic, comprehensive, and integrated plan to address the capital asset and other space needs for the population of veterans who require those services. (d) Indication of Types of Projects.--In the report required under subsection (a), the Secretary shall indicate the projects that can be most efficiently and effectively accomplished through smaller individual infrastructure projects or through a larger medical facility replacement or new site of care, as determined by the Secretary. SEC. 212. REPORT ON FEASIBILITY AND ADVISABILITY OF USING A DEDICATED BUDGET ACCOUNT FOR MAINTENANCE OF CAPITAL ASSETS OF DEPARTMENT OF VETERANS AFFAIRS. (a) Report Required.--Not later than 180 days after the date of the enactment of this Act, the Secretary of Veterans Affairs shall submit to the appropriate committees of Congress a report on the feasibility and advisability of requesting that Congress create a dedicated budget account from which the Department of Veterans Affairs would request funds, based on relevant methodology, formulas and percentages tied to the existing and future capital asset needs of the Department, and if such funds are provided, draw upon to pay for maintenance, preventative maintenance, and repair of the capital assets of the Department. (b) Contents.--The report required by subsection (a) shall include the following: (1) The best practices used by the Department, drawing from the Federal Government, State and local governments, nonprofit organizations, private industry, and other appropriate entities, relating to stable and consistent planning and budgeting for capital asset maintenance. (2) Relevant formulas and percentages that the Department currently uses to identify the resources required for capital asset maintenance or could use to dedicate or segment off funds to pay for needed and expected maintenance costs based on the size, need, complexity, and other requirements of the capital asset portfolio of the Department. (3) Such other information as the Secretary considers appropriate. SEC. 213. REPORT ON WOMEN VETERANS RETROFIT INITIATIVE. Section 5102 of the Deborah Sampson Act of 2020 (title V of Public Law 116-315; 38 U.S.C. 8110 note) is amended-- (1) by redesignating subsection (c) as subsection (d); and (2) by inserting after subsection (b) the following new subsection (c): ``(c) Report on Projects.-- ``(1) In general.--Not later than one year after the date of the enactment of the BUILD for Veterans Act of 2023, the Secretary shall submit to the appropriate committees of Congress a report containing-- ``(A) an identification of the funding requested and the funding provided to the Department for retrofitting prioritized under subsection (a) as of the date of the report; ``(B) a list of projects conducted with such funding as of such date, including-- ``(i) amounts obligated for each such project; ``(ii) the locations of each such project; ``(iii) a short description of each such project; and ``(iv) the status of each such project, including an estimated timeline to complete the project; and ``(C) a list of projects for retrofitting prioritized under subsection (a) as of such date that remain unfunded as of such date, including-- ``(i) the estimated funding required for those projects to be completed, on a project by project basis; and ``(ii) an estimated timeline to complete each such project if necessary funding and other resources are provided. ``(2) Updates.--Not later than one year after the submittal of the report under paragraph (1), and annually thereafter until the earlier of the date that is 10 years after the submittal of such report or the date on which all projects listed under subparagraphs (B) and (C) of such paragraph have been completed, the Secretary shall submit to the appropriate committees of Congress a report on-- ``(A) the progress made by the Secretary in completing such projects; and ``(B) an identification of the funding requested and the funding provided to the Department to complete such projects. ``(3) Appropriate committees of congress.--In this subsection, the term `appropriate committees of Congress' means-- ``(A) the Committee on Appropriations and the Committee on Veterans' Affairs of the Senate; and ``(B) the Committee on Appropriations and the Committee on Veterans' Affairs of the House of Representatives.''. SEC. 214. REPORT ON CAPITAL ASSET AND INFORMATION TECHNOLOGY NEEDS OF THE RESEARCH AND DEVELOPMENT PROGRAM OF DEPARTMENT OF VETERANS AFFAIRS. (a) Report Required.--Not later than one year after the date of the enactment of this Act, the Secretary of Veterans Affairs shall submit to Congress a report on the capital asset and information technology needs of the research and development program of the Department of Veterans Affairs. (b) Contents.-- (1) In general.--The report required by subsection (a) shall include the following: (A) A comprehensive summary of new facilities, renovations of existing facilities, leasing of facilities and any other such facilities or physical infrastructure the Department requires to effectively perform its research and development functions, including projected functions. (B) Detailed information on the information technology resources, projects, equipment, and related information technology needs, disaggregated by type of information technology funding categories, such as development or operations and maintenance, the Department requires in order to make the research and development program and activities of the Department functional and high performing in the short, medium, and long term, and those needed to enable employees of the Department to perform their research and development in an effective and efficient manner. (C) Such matters as the Secretary deems relevant to maintain and further improve and advance the research and development functions of the Department through improved capital asset and information technology support. (2) Requirements.-- (A) Facilities.-- (i) Summaries by project.--In providing information under paragraph (1)(A), the Secretary shall provide estimated summaries for each project with cost data as well as a realistic multi-year plan to design and deliver the capital asset projects, assuming required funding is provided. (ii) Identification of projects.--Each project shall be identified by its project type such as major construction, minor construction, nonrecurring maintenance, major lease, minor lease, or such other category as the Secretary determines may be appropriate. (B) Information technology.--In providing information under paragraph (1)(B), the Secretary shall provide estimated summaries for each project or investment with individual and total cost data as well as a realistic multi-year plan to develop relevant requirements and acquire and deploy the relevant information technology services, projects, equipment, and related matters. (C) Scope.--The scope of the report submitted under subsection (a) is on the capital asset, information technology, and other related critical support functions, excluding human capital related needs, needed for the Department to perform research and development in an effective and efficient manner. (c) Considerations.--In preparing the report required by subsection (a), the Secretary may consider the following: (1) The findings of the 2012 final report of the Research Infrastructure Program of the Department. (2) Current and updated data providing the most accurate and holistic presentation of the physical infrastructure, information technology, and other relevant support function needs of the research and development program of the Department. (3) Such other matters as the Secretary considers appropriate. SEC. 215. REVIEW AND REPORT ON PROVISIONS OF LAW RELATING TO DEPARTMENT OF VETERANS AFFAIRS CAPITAL ASSET MANAGEMENT AND OVERSIGHT. (a) Review.--The Secretary of Veterans Affairs shall review all relevant authorities of the Department of Veterans Affairs, including those in section 312A of title 38, United States Code, and determine whether the provisions of such authorities are meaningful, relevant, and reflect the current operational needs, organization structure, and all other necessary requirements for the full life-cycle of effective and efficient management of capital assets. (b) Report.--Not later than 270 days after the date of the enactment of this Act, the Secretary shall submit to Congress a report regarding whether the authorities reviewed under subsection (a) should be revised to align more closely with current and future projected operational needs of the Department. (c) Contents.--The report required by subsection (b) shall include the following: (1) An assessment of whether other offices, administrations, or entities of the Department should be directed to formally assume certain functions currently assigned to officials of the Department, including to the Deputy Secretary, the Director of Construction and Facilities Management, the Under Secretary for Health, the Assistant Secretary for Management, and the Chief Financial Officer, pursuant to statute or Departmental practice, so as to match operational realties and needs, directives, policies, and procedures of the Department, to improve efficiencies, streamline management and lines of authority, responsibility, and accountability or other reasons that would be beneficial to the capital asset management of the Department. (2) An assessment of whether capital asset functions currently not clearly assumed or controlled by other entities of the Department should be more clearly assigned to relevant offices of the Department to match operational realities and needs, directives, policies, and procedures of the Department, to improve efficiencies, streamline management and lines of authority and responsibility, or other reasons that would be beneficial to the capital asset management of the Department. (3) Identification of whether any new offices, structures, positions, or reporting lines should be created or modified in the Department to improve operational effectiveness, performance, and accountability for capital asset management. (4) An assessment of whether a modified Departmental organizational structure and changes to relevant statutory provisions could create a clearly identified single line of accountability and responsibility for the full life-cycle of capital asset management activities of the Department so as to improve effectiveness, efficiency, performance, and stability of Departmental capital asset management. (5) Specific reasons for the statutory or other changes that are recommended in the report or if no changes are necessary, a justification for not making any changes, including a statement providing the single responsible executive and office in charge of managing all capital asset management activities of the Department as of the date of the report. (6) Identification of such legislative or administrative action as the Secretary determines necessary to implement the changes necessary to improve capital asset management at the Department. SEC. 216. IMPROVING PREVENTION, DETECTION, AND REPORTING OF WASTE, FRAUD, AND ABUSE IN DEPARTMENT OF VETERANS AFFAIRS CAPITAL ASSET PROJECTS AND ACTIVITIES. (a) Report Required.--Not later than one year after the date of the enactment of this Act, the Secretary of Veterans Affairs shall submit to the appropriate committees of Congress a report on actions the Department of Veterans Affairs is taking or plans to take to enhance the ability of the Department to prevent, detect, and report waste, fraud, and abuse occurring in capital asset projects of the Department, whether by employees, contractors, or other relevant persons or entities involved with the Department. (b) Elements.--The report required by subsection (a) shall include the following: (1) An assessment of whether new training or enhancements to existing training should be undertaken to improve the prevention, detection, and reporting of waste, fraud, and abuse. (2) Recommendations for such legislative and administrative action as the Secretary determines appropriate to improve the prevention, detection, and reporting of waste, fraud, and abuse. (3) Such other matters the Secretary considers appropriate. (c) Consultation.--In carrying out subsection (a), the Secretary-- (1) shall consult with the Inspector General of the Department of Veterans Affairs and the Comptroller General of the United States on matters relating to best practices and strategies to improve detection and prevention by the Department of waste, fraud, and abuse in capital asset projects and management; and (2) may consult with such other persons and entities on such matters as the Secretary considers appropriate. &lt;all&gt; </pre></body></html>
[ "Armed Forces and National Security" ]
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118S420
COVID–19 Vaccination Non-Discrimination Act
[ [ "P000603", "Sen. Paul, Rand [R-KY]", "sponsor" ], [ "J000293", "Sen. Johnson, Ron [R-WI]", "cosponsor" ], [ "L000577", "Sen. Lee, Mike [R-UT]", "cosponsor" ], [ "C001095", "Sen. Cotton, Tom [R-AR]", "cosponsor" ], [ "R000595", "Sen. Rubio, Marco [R-FL]", "cosponsor" ], [ "L000571", "Sen. Lummis, Cynthia M. [R-WY]", "cosponsor" ], [ "V000137", "Sen. Vance, J. D. [R-OH]", "cosponsor" ], [ "B001310", "Sen. Braun, Mike [R-IN]", "cosponsor" ], [ "C001096", "Sen. Cramer, Kevin [R-ND]", "cosponsor" ] ]
<p><b>COVID-19 Vaccination Non-Discrimination Act</b></p> <p>This bill prohibits making federal funds available to any facility that refuses to treat an individual based on the individual's COVID-19 vaccination status, including any funding under Medicare, Medicaid, or the Children's Health Insurance Program (CHIP).</p>
<html><body><pre>[Congressional Bills 118th Congress] [From the U.S. Government Publishing Office] [S. 420 Introduced in Senate (IS)] &lt;DOC&gt; 118th CONGRESS 1st Session S. 420 To prohibit Federal funds from being made available to facilities that refuse to provide treatment based on COVID-19 vaccination status. _______________________________________________________________________ IN THE SENATE OF THE UNITED STATES February 14, 2023 Mr. Paul (for himself, Mr. Johnson, Mr. Lee, Mr. Cotton, Mr. Rubio, Ms. Lummis, Mr. Vance, Mr. Braun, and Mr. Cramer) introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions _______________________________________________________________________ A BILL To prohibit Federal funds from being made available to facilities that refuse to provide treatment based on COVID-19 vaccination status. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``COVID-19 Vaccination Non- Discrimination Act''. SEC. 2. PROHIBITION ON FEDERAL FUNDS FOR FACILITIES THAT REFUSE TO PROVIDE TREATMENT BASED ON COVID-19 VACCINATION STATUS. Notwithstanding any other provision of law, no funds authorized or appropriated by Federal law, and none of the funds in any trust fund to which funds are authorized or appropriated by Federal law, including funds provided under titles XVIII, XIX, and XXI of the Social Security Act (42 U.S.C. 1395 et seq.; 1396 et seq.; and 1397aa et seq., respectively) shall be made available to a facility that refuses to provide treatment to an individual based on the COVID-19 vaccination status of such individual. &lt;all&gt; </pre></body></html>
[ "Health", "Cardiovascular and respiratory health", "Disability and health-based discrimination", "Health information and medical records", "Health programs administration and funding", "Immunology and vaccination", "Infectious and parasitic diseases" ]
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118S421
Defund the Wuhan Institute of Virology Act
[ [ "E000295", "Sen. Ernst, Joni [R-IA]", "sponsor" ] ]
<p><strong>Defund the Wuhan Institute of Virology Act</strong></p> <p>This bill prohibits making federal funds available to the Wuhan Institute of Virology in China.</p> <p>The Government Accountability Office must report to Congress on federal funds that were provided directly or indirectly to the institute, the Chinese government, the Chinese Communist Party, or affiliates of these entities over the past 15 years.</p>
<html><body><pre>[Congressional Bills 118th Congress] [From the U.S. Government Publishing Office] [S. 421 Introduced in Senate (IS)] &lt;DOC&gt; 118th CONGRESS 1st Session S. 421 To prohibit Federal funding to the Wuhan Institute of Virology and to require a GAO study regarding Federal funds previously provided to such institute or to entities affiliated with the Chinese Government. _______________________________________________________________________ IN THE SENATE OF THE UNITED STATES February 14, 2023 Ms. Ernst introduced the following bill; which was read twice and referred to the Committee on Foreign Relations _______________________________________________________________________ A BILL To prohibit Federal funding to the Wuhan Institute of Virology and to require a GAO study regarding Federal funds previously provided to such institute or to entities affiliated with the Chinese 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 ``Defund the Wuhan Institute of Virology Act''. SEC. 2. PROHIBITION ON FEDERAL FUNDING TO THE WUHAN INSTITUTE OF VIROLOGY. (a) In General.--No funds authorized or appropriated by Federal law may be made available to the Wuhan Institute of Virology for any purpose. (b) GAO Study and Report.--Not later than 2 years after the date of the enactment of this Act, the Comptroller General of the United States shall conduct a study and submit a report to Congress regarding the amount of Federal funds that were awarded or indirectly provided (whether purposely or inadvertently) during the 15-year period immediately preceding such date of enactment to-- (1) the Wuhan Institute of Virology, including affiliated researchers; (2) the People's Republic of China; (3) the Chinese Communist Party; or (4) any agency or instrumentality of the entities listed in paragraphs (1) through (3). &lt;all&gt; </pre></body></html>
[ "International Affairs" ]
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118S422
Build the Wall Now Act
[ [ "B001305", "Sen. Budd, Ted [R-NC]", "sponsor" ], [ "T000476", "Sen. Tillis, Thomas [R-NC]", "cosponsor" ], [ "R000584", "Sen. Risch, James E. [R-ID]", "cosponsor" ], [ "C000880", "Sen. Crapo, Mike [R-ID]", "cosponsor" ], [ "C001098", "Sen. Cruz, Ted [R-TX]", "cosponsor" ], [ "D000618", "Sen. Daines, Steve [R-MT]", "cosponsor" ], [ "R000605", "Sen. Rounds, Mike [R-SD]", "cosponsor" ], [ "B001243", "Sen. Blackburn, Marsha [R-TN]", "cosponsor" ], [ "B001310", "Sen. Braun, Mike [R-IN]", "cosponsor" ], [ "B001319", "Sen. Britt, Katie Boyd [R-AL]", "cosponsor" ] ]
<html><body><pre>[Congressional Bills 118th Congress] [From the U.S. Government Publishing Office] [S. 422 Introduced in Senate (IS)] &lt;DOC&gt; 118th CONGRESS 1st Session S. 422 To remove legal impediments preventing construction of a border barrier along the international border between the United States and Mexico, improve the construction requirements for such barrier, make previously appropriated funds available for constructing such barrier until expended, and for other purposes. _______________________________________________________________________ IN THE SENATE OF THE UNITED STATES February 14, 2023 Mr. Budd (for himself, Mr. Tillis, Mr. Risch, Mr. Crapo, Mr. Cruz, Mr. Daines, Mr. Rounds, and Mrs. Blackburn) introduced the following bill; which was read twice and referred to the Committee on Homeland Security and Governmental Affairs _______________________________________________________________________ A BILL To remove legal impediments preventing construction of a border barrier along the international border between the United States and Mexico, improve the construction requirements for such barrier, make previously appropriated funds available for constructing such barrier until expended, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Build the Wall Now Act''. SEC. 2. RESUME CONSTRUCTION OF BARRIERS AND ROADS ALONG UNITED STATES AND MEXICO BORDER. (a) Definitions.--In this section: (1) Department.--The term ``Department'' means the Department of Homeland Security. (2) Physical barriers.--The term ``physical barriers'' has the meaning given such term in section 102(e) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996, as added by section 3(5) of this Act. (3) Secretary.--The term ``Secretary'' means the Secretary of Homeland Security. (4) Tactical infrastructure; technology.--The terms ``tactical infrastructure'' and ``technology'' have the meanings given such terms in section 102(e) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996, as added by section 3(5) of this Act. (b) In General.-- (1) Immediate resumption of border barrier construction.-- Not later than 1 day after the date of the enactment of this Act, the Secretary shall resume all projects relating to the construction of physical barriers, tactical infrastructure, and technology along the international border between the United States and Mexico that were underway, or being planned for, prior to January 20, 2021. (2) No cancellations.--The Secretary may not cancel any contract for activities related to the construction of the border barrier system that was entered into on or before January 20, 2021. (3) Use of funds.--To carry out this section, the Secretary shall expend all funds that were appropriated or explicitly obligated for the construction of the border barrier system on or after October 1, 2016. (c) Uphold Negotiated Agreements.--The Secretary shall ensure that all agreements entered into before January 20, 2021, that were executed in writing between the Department and any State, local, or Tribal government, private citizen, or other stakeholder are honored by the Department relating to current and future construction of the border barrier system in accordance with such agreements. (d) Availability of Funds.--Notwithstanding any other provision of law, any amount appropriated or otherwise made available during fiscal year 2018, 2019, 2020, or 2021 for any project relating to the construction of physical barriers, tactical infrastructure, and technology along the southern border shall remain available until expended. (e) Use of Funds.--Any amounts appropriated or otherwise made available for fiscal year 2021 that remain available pursuant to subsection (d) may only be used for barriers, technology, or roads that-- (1) use-- (A) operationally effective designs deployed as of the date of enactment of the Consolidated Appropriations Act, 2017 (Public Law 115-31), such as currently deployed steel bollard designs, that prioritize agent safety; or (B) operationally effective adaptations of such designs that help mitigate community or environmental impacts of barrier system construction, including adaptations based on consultation with jurisdictions within which barrier system will be constructed; and (2) are constructed in the highest priority locations as identified in the Border Security Improvement Plan. SEC. 3. IMPROVING THE REQUIREMENTS FOR BARRIERS ALONG THE SOUTHERN BORDER. (a) In General.--Section 102 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (division C of Public Law 104-208; 8 U.S.C. 1103 note) is amended-- (1) in subsection (a), by striking ``to install'' and all that follows and inserting ``(including the removal of obstacles to detection of illegal entrants) to design, test, construct, install, deploy, integrate, and operate physical barriers, tactical infrastructure, and technology in the vicinity of the United States border to achieve situational awareness and operational control of the border and deter, impede, and detect illegal activity in high traffic areas.''; (2) in subsection (b)-- (A) in the subsection heading, by striking ``Fencing and Road Improvements'' and inserting ``Physical Barriers''; (B) in paragraph (1)-- (i) in subparagraph (A)-- (I) by striking ``subsection (a)'' and inserting ``this section''; and (II) by striking ``roads, lighting, cameras, and sensors to gain'' and inserting ``tactical infrastructure, and technology to achieve situational awareness and''; (ii) by amending subparagraph (B) to read as follows: ``(B) Physical barriers and tactical infrastructure.--The Secretary, in carrying out this section, shall deploy along the United States border the most practical and effective physical barriers and tactical infrastructure available for achieving situational awareness and operational control of the border.''; (iii) in subparagraph (C)-- (I) in clause (i)-- (aa) by striking ``the Secretary of the Interior, the Secretary of Agriculture, States, local governments, Indian tribes, and'' and inserting ``appropriate Federal agency partners, appropriate representatives of Federal, State, Tribal, and local governments, and appropriate private''; and (bb) by striking ``fencing is'' and inserting ``physical barriers are''; and (II) in clause (ii)-- (aa) in subclause (I), by striking ``or'' after the semicolon at the end; (bb) by amending subclause (II) to read as follows: ``(II) delay the transfer to the United States of the possession of property or affect the validity of any property acquisition by the United States by purchase or eminent domain, or to otherwise affect the eminent domain laws of the United States or of any State; or''; and (cc) by adding at the end the following: ``(III) create any right or liability for any party.''; and (iv) by striking subparagraph (D); (C) in paragraph (2)-- (i) by striking ``Attorney General'' and inserting ``Secretary of Homeland Security''; and (ii) by striking ``this subsection and shall commence construction of fences'' and inserting ``this section and shall commence the construction of physical barriers''; (D) by amending paragraph (3) to read as follows: ``(3) Agent safety.--In carrying out this section, the Secretary of Homeland Security, when designing, constructing, and deploying physical barriers, tactical infrastructure, or technology, shall incorporate such safety features into such design, construction, or deployment of such physical barriers, tactical infrastructure, or technology, as the case may be, that the Secretary determines, in consultation with the labor organization representing agents of U.S. Border Patrol, are necessary to maximize the safety and effectiveness of officers or agents of the Department of Homeland Security or of any other Federal agency deployed in the vicinity of such physical barriers, tactical infrastructure, or technology.''; and (E) in paragraph (4), by striking ``this subsection'' and inserting ``this section''; (3) by striking subsection (c); (4) by inserting after subsection (b) the following: ``(c) Technology.--In carrying out this section, the Secretary of Homeland Security shall deploy along the United States border the most practical and effective technology available for achieving situational awareness and operational control of the border.''; and (5) by adding at the end the following: ``(e) Definitions.--In this section: ``(1) Advanced unattended surveillance sensors.--The term `advanced unattended surveillance sensors' means sensors that utilize an onboard computer to analyze detections in an effort to discern between vehicles, humans, and animals, and ultimately filter false positives prior to transmission. ``(2) High traffic areas.--The term `high traffic areas' means areas in the vicinity of the United States border that-- ``(A) are within the responsibility of U.S. Customs and Border Protection; and ``(B) have significant unlawful cross-border activity, as determined by the Secretary of Homeland Security. ``(3) Operational control.--The term `operational control' has the meaning given such term in section 2(b) of the Secure Fence Act of 2006 (Public Law 109-367; 8 U.S.C. 1701 note). ``(4) Physical barriers.--The term `physical barriers' includes reinforced fencing, the border barrier system, and levee walls. ``(5) Situational awareness.--The term `situational awareness' has the meaning given such term in section 1092(a)(7) of the National Defense Authorization Act for Fiscal Year 2017 (Public Law 114-328; 6 U.S.C. 223(a)(7)). ``(6) Tactical infrastructure.--The term `tactical infrastructure' includes boat ramps, access gates, checkpoints, lighting, and roads. ``(7) Technology.--The term `technology' means border surveillance and detection technology, including-- ``(A) tower-based surveillance technology; ``(B) deployable, lighter-than-air ground surveillance equipment; ``(C) Vehicle and Dismount Exploitation Radars (VADER); ``(D) 3-dimensional, seismic acoustic detection and ranging border tunneling detection technology; ``(E) advanced unattended surveillance sensors; ``(F) mobile vehicle-mounted and man-portable surveillance capabilities; ``(G) unmanned aircraft systems; and ``(H) other border detection, communication, and surveillance technology. ``(8) Unmanned aircraft system.--The term `unmanned aircraft system' has the meaning given such term in section 44801(12) of title 49, United States Code.''. (b) Existing Waivers Not Affected.--A waiver issued by the Secretary of Homeland Security pursuant to section 102(c) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (division C of Public Law 104-208; 8 U.S.C. 1103 note) that was published in the Federal Register before the date of the enactment of this Act shall not be affected by the amendment made by subsection (a). SEC. 4. RECODIFYING THE SECRETARY OF HOMELAND SECURITY'S WAIVER AUTHORITY; ADDING PREVIOUSLY WAIVED LEGAL REQUIREMENTS. (a) In General.--Section 103 of the Immigration and Nationality Act (8 U.S.C. 1103) is amended by adding at the end the following: ``(h) Waiver Authority.-- ``(1) In general.--Notwithstanding any other provision of law, the Secretary of Homeland Security shall have the authority to waive all legal requirements that the Secretary determines necessary to ensure the expeditious design, testing, construction, installation, deployment, integration, and operation of the physical barriers, tactical infrastructure, and technology under this section and section 102 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (division C of Public Law 104-208; 8 U.S.C. 1103 note). Such waiver authority shall also apply with respect to any maintenance carried out on such physical barriers, tactical infrastructure, or technology. Any such decision by the Secretary shall be effective upon publication in the Federal Register. ``(2) Notification.--Not later than 7 days after the date on which the Secretary of Homeland Security exercises the waiver authority under paragraph (1), the Secretary shall notify the Committee on Homeland Security of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate of such waiver. ``(3) Federal court review.-- ``(A) In general.--The district courts of the United States shall have exclusive jurisdiction to hear all causes or claims arising from any action undertaken, or any decision made, by the Secretary of Homeland Security pursuant to paragraph (1). A cause of action or claim may only be brought alleging a violation of the Constitution of the United States. The court shall not have jurisdiction to hear any claim not specified in this subparagraph. ``(B) Time for filing of complaint.--Any cause or claim brought pursuant to subparagraph (A) shall be filed not later than 60 days after the date of the action or decision made by the Secretary of Homeland Security. A claim shall be barred unless it is filed within the time specified. ``(C) Ability to seek appellate review.--An interlocutory or final judgment, decree, or order of the district court may be reviewed only upon petition for a writ of certiorari to the Supreme Court of the United States. ``(4) Previously waived legal requirements.-- ``(A) In general.--Any project relating to the construction of physical barriers, tactical infrastructure, and technology along the international border between the United States and Mexico shall be exempt from any law or regulation referred to in subparagraph (B). ``(B) Elements.--The laws and regulations referred to in this subparagraph are-- ``(i) an Act to facilitate the work of the Forest Service (Public Law 87-869); ``(ii) subchapter II of chapter 5 and chapter 7 of title 5, United States Code (commonly known as the `Administrative Procedure Act'); ``(iii) the Arizona Desert Wilderness Act (6 U.S.C. 460ddd et seq.); ``(iv) the Arizona-Idaho Conservation Act of 1988 (Public Law 100-696); ``(v) the Act of June 8, 1940 (16 U.S.C. 668 et seq.) (commonly known as the `Bald and Golden Eagle Protection Act'); ``(vi) the Clean Air Act (42 U.S.C. 7401 et seq.); ``(vii) the Federal Water Pollution Control Act (33 U.S.C. 1151 et seq.) (commonly known as the `Clean Water Act'); ``(viii) the Coastal Zone Management Act (16 U.S.C. 1451 et seq.); ``(ix) the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601 et seq.); ``(x) the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.); ``(xi) the Farmland Protection Policy Act (7 U.S.C. 4201 et seq.); ``(xii) the Federal Cave Resources Protection Act of 1988 (16 U.S.C. 4301 et seq.); ``(xiii) chapter 63 of title 31, United States Code (originally enacted as the `Federal Grants and Cooperative Agreements Act of 1977'); ``(xiv) the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.); ``(xv) the Fish and Wildlife Coordination Act (16 U.S.C. 662 et seq.); ``(xvi) the Migratory Bird Conservation Act of 1929 (16 U.S.C. 715 et seq.); ``(xvii) the Migratory Bird Treaty Act (16 U.S.C. 703 et seq.); ``(xviii) the Military Lands Withdrawal Act of 1999 (title XXX of Public Law 106-65); ``(xix) the Act of June 12, 1960 (Public Law 86-517; 16 U.S.C. 528 et seq.) (commonly known as the `Multiple-Use and Sustained-Yield Act of 1960'); ``(xx) the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.); ``(xxi) the National Fish and Wildlife Act of 1956 (16 U.S.C. 742a et seq.); ``(xxii) the National Forest Management Act of 1976 (16 U.S.C. 472a et seq.); ``(xxiii) the National Historic Preservation Act (16 U.S.C. 470 et seq.); ``(xxiv) the National Parks and Recreation Act of 1978 (Public Law 95-625); ``(xxv) the National Trails System Act (16 U.S.C. 1241 et seq.); ``(xxvi) the National Wildlife Refuge System Administration Act of 1966 (16 U.S.C. 668dd et seq.); ``(xxvii) the Native American Graves Protection and Repatriation Act (25 U.S.C. 3001 et seq.); ``(xxviii) the Noise Control Act of 1972 (42 U.S.C. 4901 et seq.); ``(xxix) the Otay Mountain Wilderness Act of 1999 (Public Law 106-145); ``(xxx) subtitle D of title VI of the Omnibus Public Land Management Act of 2009 (16 U.S.C. 470aaa et seq.) (commonly known as the `Paleontological Resources Preservation Act'); ``(xxxi) section 10 of the Act of August 4, 1939 (43 U.S.C. 387) (commonly known as the `Reclamation Project Act of 1939'); ``(xxxii) the Act of March 3, 1899 (30 Stat. 1121, chapter 425; (33 U.S.C. 403 et seq.) (commonly known as the `Rivers and Harbors Act of 1899'); ``(xxxiii) the Safe Drinking Water Act (42 U.S.C. 300f et seq.); ``(xxxiv) the Sikes Act (16 U.S.C. 670 et seq.); ``(xxxv) the Small Business Act (15 U.S.C. 631 et seq.); ``(xxxvi) the Solid Waste Disposal Act (42 U.S.C. 6901 et seq.) (commonly known as the `Resource Conservation and Recovery Act of 1976'); ``(xxxvii) the Wild and Scenic Rivers Act (16 U.S.C. 1271 et seq.); ``(xxxviii) the Act of December 15, 1971 (16 U.S.C. 1331 et seq.) (commonly known as the `Wild Free-Roaming Horses and Burros Act of 1971'); ``(xxxix) the Wilderness Act (16 U.S.C. 1131 et seq.); ``(xl) sections 2304, 2304c, 2305, 2505a, and 2306a of title 10, United States Code; ``(xli) section 550 of title 40, United States Code; ``(xlii) title 41, United States Code; ``(xliii) sections 100101(a), 100751(a), and 102101 of title 54, United States Code; ``(xliv) chapters 1003, 1005, 1007, 1009, 1021, 3125, 3201, and 3203 of title 54, United States Code; ``(xlv) division A of subtitle III of title 54, United States Code; ``(xlvi) part 125 of title 13, Code of Federal Regulations; and ``(xlvii) sections 16.504, 16.505, 17.205, 17.207, 22.404, 22.404-5, and 28.102-1 of title 48, Code of Federal Regulations. ``(5) Definitions.--In this subsection, the terms `physical barriers', `tactical infrastructure', and `technology' have the meanings given such terms in section 102(e) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (division C of Public Law 104-208; 8 U.S.C. 1103 note).''. (b) Clerical Amendment.--The table of contents of the Immigration and Nationality Act (8 U.S.C. 1101 et seq.) is amended by striking the item relating to section 103 and inserting the following: ``Sec. 103. Powers and duties of the Secretary, the Under Secretary, and the Attorney General.''. SEC. 5. PROHIBITION AGAINST USE OF FUNDS TO IMPLEMENT OR ENFORCE PRESIDENTIAL PROCLAMATION 10142. No funds, resources, or fees made available to the Secretary of Homeland Security, or to any other official of any Federal agency by any Act of Congress for any fiscal year, may be used to implement or enforce Presidential Proclamation 10142 of January 20, 2021 (86 Fed. Reg. 7225). &lt;all&gt; </pre></body></html>
[ "Immigration" ]
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118S423
Easy Enrollment in Health Care Act
[ [ "V000128", "Sen. Van Hollen, Chris [D-MD]", "sponsor" ] ]
<p><strong>Easy Enrollment in Health Care Act</strong></p> <p>This bill revises the procedures related to enrollment in health insurance affordability programs, including Medicaid, the Children's Health Insurance Program (CHIP), and state-operated Basic Health Programs. The bill provides funding to support the changes.</p> <p>Specifically, the bill permits individuals who do not have minimum essential coverage to, in conjunction with filing their tax return, determine whether any members of their household are eligible for an insurance affordability program and enroll in minimum essential coverage.</p> <p>The bill makes individuals eligible for Medicaid or CHIP based on a prior finding of eligibility for the Temporary Assistance for Needy Families program or the Supplemental Nutrition Assistance Program.</p> <p>Additionally, the bill provides access to certain information to support enrollment in insurance affordability programs.</p>
<html><body><pre>[Congressional Bills 118th Congress] [From the U.S. Government Publishing Office] [S. 423 Introduced in Senate (IS)] &lt;DOC&gt; 118th CONGRESS 1st Session S. 423 To streamline enrollment in health insurance affordability programs and minimum essential coverage, and for other purposes. _______________________________________________________________________ IN THE SENATE OF THE UNITED STATES February 14, 2023 Mr. Van Hollen introduced the following bill; which was read twice and referred to the Committee on Finance _______________________________________________________________________ A BILL To streamline enrollment in health insurance affordability programs and minimum essential coverage, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Easy Enrollment in Health Care Act''. SEC. 2. DEFINITIONS. In this Act: (1) CHIP program.--The term ``CHIP program'' means a State plan for child health assistance under title XXI of the Social Security Act (42 U.S.C. 1397aa et seq.), including any waiver of such a plan. (2) Exchange.--The term ``Exchange'' means an American Health Benefit Exchange established under subtitle D of title I of the Patient Protection and Affordable Care Act (42 U.S.C. 18021 et seq.). (3) Family size.--The term ``family size'' has the meaning given such term in section 36B(d) of the Internal Revenue Code of 1986. (4) Group health plan.--The term ``group health plan'' has the meaning given such term in section 5000(b)(1) of the Internal Revenue Code of 1986. (5) Household income.--The term ``household income'' has the meaning given such term in section 36B(d) of the Internal Revenue Code of 1986. (6) Household member.--The term ``household member'' means the taxpayer, the taxpayer's spouse, and any dependent of the taxpayer. (7) Insurance affordability program.--The term ``insurance affordability program'' means any of the following: (A) A Medicaid program. (B) A CHIP program. (C) The program under title I of the Patient Protection and Affordable Care Act (42 U.S.C. 18001 et seq.) for the enrollment in qualified health plans offered through an Exchange, including the premium tax credits under section 36B of the Internal Revenue Code of 1986, cost-sharing reductions under section 1402 of the Patient Protection and Affordable Care Act (42 U.S.C. 18071), and the advance payment of such credits and reductions under section 1412(a)(3) of the Patient Protection and Affordable Care Act (42 U.S.C. 18082(a)(3)). (D) A State basic health program under section 1331 of the Patient Protection and Affordable Care Act (42 U.S.C. 18051). (E) Any other Federal, State, or local program that provides assistance for some or all of the cost of minimum essential coverage and requires eligibility for such program to be based in whole or in part on income, including such a program carried out through a waiver under section 1332 of the Patient Protection and Affordable Care Act (42 U.S.C. 18052) or a State program supplementing the advanced payment of tax credits and cost-sharing reductions under section 1412(a)(3) of such Act. (8) Medicaid program.--The term ``Medicaid program'' means a State plan for medical assistance under title XIX of the Social Security Act (42 U.S.C. 1396 et seq.), including any waiver of such a plan. (9) Minimum essential coverage.--The term ``minimum essential coverage'' has the meaning given such term in section 5000A(f) of the Internal Revenue Code of 1986. (10) Modified adjusted gross income.--The term ``modified adjusted gross income'' has the meaning given such term in section 36B(d)(2)(B) of the Internal Revenue Code of 1986. (11) Net premium.--The term ``net premium'', with respect to a health plan or other form of minimum essential coverage-- (A) except as provided in subparagraph (B), means the payment from or on behalf of an individual required to enroll in such plan or coverage, after application of the premium tax credit under section 36B of the Internal Revenue Code of 1986, the advance payment of such credit under section 1412(a)(3) of the Patient Protection and Affordable Care Act (42 U.S.C. 18082(a)(3)), and any other assistance provided by an insurance affordability program; and (B) does not include any amounts described in section 36B(b)(3)(D) of the Internal Revenue Code of 1986 or section 1303(b)(2) of the Patient Protection and Affordable Care Act (42 U.S.C. 18023(b)(2)). (12) Poverty line.--The term ``poverty line'' has the meaning given such term in section 36B(d)(3) of the Internal Revenue Code of 1986. (13) Qualified health plan.--The term ``qualified health plan'' has the meaning given such term in section 1301(a) of the Patient Protection and Affordable Care Act (42 U.S.C. 18021(a)). (14) Relevant return information.--The term ``relevant return information'' means, with respect to a taxpayer, any return information, as defined in section 6103(b)(2) of the Internal Revenue Code of 1986, which may be relevant, as determined by the Secretary of the Treasury in consultation with the Secretary of Health and Human Services, with respect to-- (A) determining, or facilitating determination of, the eligibility of any household member of the taxpayer for any insurance affordability program, either directly or through enabling access to additional information potentially relevant to such eligibility; or (B) enrolling, or facilitating the enrollment of, such individual in minimum essential coverage. (15) Single, streamlined application.--The term ``single, streamlined application'' means the form described in section 1413(b)(1)(A) of the Patient Protection and Affordable Care Act (42 U.S.C. 18083(b)(1)(A)). (16) Tax return preparer.--The term ``tax return preparer'' has the meaning given such term in section 7701(a)(36) of the Internal Revenue Code of 1986. (17) Zero net premium.--The term ``zero net premium'', with respect to a health plan or other form of minimum essential coverage, means a net premium of $0.00 for such plan or coverage. SEC. 3. FEDERAL INCOME TAX RETURNS USED TO FACILITATE ENROLLMENT INTO INSURANCE AFFORDABILITY PROGRAMS. (a) In General.--Not later than January 1, 2026, the Secretary shall establish a program which allows any taxpayer who is not covered under minimum essential coverage at the time their return of tax for the taxable year is filed, as well as any other household member who is not covered under such coverage, to, in conjunction with the filing of their return of tax for any taxable year which begins after December 31, 2024, elect to-- (1) have a determination made as to whether the household member who is not covered under such coverage is eligible for an insurance affordability program; and (2) have such household member enrolled into minimum essential coverage, provided that-- (A) such coverage is provided through a zero-net- premium plan, and (B) the taxpayer does not-- (i) opt out of coverage through the zero- net-premium plan, or (ii) select a different plan. (b) Taxpayer Requirements and Consent.-- (1) In general.--Pursuant to the program established under subsection (a), the taxpayer may, in conjunction with the filing of their return of tax for the taxable year-- (A) identify any household member who is not covered under minimum essential coverage at the time of such filing; and (B) with respect to each household member identified under subparagraph (A), elect whether to-- (i) in accordance with section 6103(l)(23) of the Internal Revenue Code of 1986 (as added by subsection (f)), consent to the disclosure and transfer to the applicable Exchange of any relevant return information for purposes of determining whether such household member may be eligible for any insurance affordability program and facilitating enrollment into such program and minimum essential coverage, including any further disclosure and transfer by the Exchange to any other entity as is deemed necessary to accomplish such purposes; and (ii) in the case consent is provided under clause (i) with respect to such household member, enroll such household member in any minimum essential coverage that is available with a zero net premium, if-- (I) the member is eligible for such coverage through an insurance affordability program; and (II) the member does not, by the end of the special enrollment period described in section 4(c)(1)(A)-- (aa) select a different plan offering minimum essential coverage; or (bb) opt out of such coverage that is available with a zero net premium. (2) Establishment of options for taxpayer consent and election.--For purposes of paragraph (1)(B), the Secretary, in consultation with the Secretary of Health and Human Services, may provide the elections under such paragraph as a single election or as 2 elections. (3) Supplemental form.-- (A) In general.--In the case of a taxpayer who has consented to disclosure and transfer of relevant return information pursuant to paragraph (1)(B)(i), such taxpayer shall be enrolled in the insurance affordability program only if the taxpayer submits a supplemental form which is designed to collect additional information necessary (as determined by the Secretary of Health and Human Services) to establish eligibility for and enrollment in an insurance affordability program, which may include (except as provided in subparagraph (B)), with respect to each individual described in paragraph (1)(A), the following: (i) State of residence. (ii) Date of birth. (iii) Employment and the availability of benefits under a group health plan at the time the return of tax is filed. (iv) Any changed circumstances described in section 1412(b)(2) of the Patient Protection and Affordable Care Act; (42 U.S.C. 18082(b)(2)). (v) Solely for the purpose of facilitating automatic renewal of coverage and eligibility redeterminations under section 1413(c)(3)(A) of such Act (42 U.S.C. 18083(c)(3)(A)), authorization for the Secretary to disclose relevant return information for subsequent taxable years to insurance affordability programs. (vi) Any methods preferred by the taxpayer or household member for the purpose of being contacted by the applicable Exchange or insurance affordability program with respect to any eligibility determination for, or enrollment in, an insurance affordability program or minimum essential coverage, such as an email address or a phone number for calls or text messages. (vii) Information about household composition that-- (I) may affect eligibility for an insurance affordability program, and (II) is not otherwise included on the return of tax. (viii) Such other information as the Secretary, in consultation with the Secretary of Health and Human Services, may require, including information requested on the single, streamlined application. (B) Limitations.--The information obtained through the form described in subparagraph (A) may not include any request for information with respect to citizenship, immigration status, or health status of any household member. (C) Additional information.--The form described in subparagraph (A) and the accompanying tax instructions may provide the taxpayer with additional information about insurance affordability programs, including information provided to applicants on the single, streamlined application. (D) Accessibility.-- (i) In general.--The Secretary shall ensure that the form described in subparagraph (A) is made available to all taxpayers without discrimination based on language, disability, literacy, or internet access. (ii) Rule of construction.--Nothing in clause (i) shall be construed as diminishing, reducing, or otherwise limiting any other legal obligation for the Secretary to avoid or to prevent discrimination. (4) Return language.--The Secretary, in consultation with the Secretary of Health and Human Services, shall, with respect to any items described in this subsection which are to be included in a taxpayer's return of tax, develop language for such items which is as simple and clear as possible (such as referring to ``insurance affordability programs'' as ``free or low-cost health insurance''). (c) Tax Return Preparers.-- (1) In general.--With respect to any information submitted in conjunction with a tax return solely for purposes of the program described in subsection (a), any tax return preparer involved in preparing the return containing such information shall not be obligated to assess the accuracy of such information as provided by the taxpayer. (2) Submission of information.--As part of the program described in subsection (a), the Secretary shall establish methods to allow for the immediate transfer of any relevant return information to the applicable Exchange and insurance affordability programs in order to increase the potential for immediate determinations of eligibility for and enrollment in insurance affordability programs and minimum essential coverage. (d) Transfer of Information Through Secure Interface.-- (1) In general.--As part of the program established under subsection (a), the Secretary shall develop a secure, electronic interface allowing an exchange of relevant return information with the applicable Exchange in a manner similar to the interface described in section 1413(c)(1) of the Patient Protection and Affordable Care Act (42 U.S.C. 18083(c)(1)). Upon receipt of such information, the applicable Exchange may convey such information to any other entity as needed to facilitate determination of eligibility for an insurance affordability program or enrollment into minimum essential coverage. (2) Transfer by treasury or tax preparers.-- (A) In general.--The interface described in paragraph (1) shall allow, for any taxpayer who has provided consent pursuant to subsection (b)(1)(B)(i), for relevant return information, along with confirmation that the Secretary has accepted the return filing as meeting applicable processing criteria, to be transferred to an applicable Exchange by-- (i) the Secretary; or (ii) pursuant to such requirements and standards as are established by the Secretary (in consultation with the Secretary of Health and Human Services)-- (I) if the Secretary is not able to transfer such information to the applicable Exchange, the taxpayer; or (II) the tax return preparer who prepared the return containing such information. (B) Transfer requirements.--As soon as is practicable after the filing of a return described in subsection (a) in which the taxpayer has provided consent pursuant to subsection (b)(1)(B)(i), the Secretary shall provide for all relevant return information to be transferred to the applicable Exchange. (C) Data security.--Any transfer of relevant return information described in this subsection shall be conducted-- (i) pursuant to interagency agreements that ensure data security and maintain privacy in a manner that satisfies the requirements under section 1942(b) of the Social Security Act (42 U.S.C. 1396w-2(b)); and (ii) in the case of any taxpayer filing their tax return electronically, in a manner that maximizes the opportunity for such taxpayer, as part of the process of filing such return, to immediately-- (I) obtain a determination with respect to the eligibility of any household member for any insurance affordability program; and (II) enroll in minimum essential coverage. (e) Errors That Affect Eligibility for Insurance Affordability Programs.--The Secretary of Health and Human Services, in consultation with the Secretary, shall establish procedures for addressing instances in which an error in relevant return information that was transferred to an Exchange under subsection (d) may have resulted in a determination that an individual is eligible for more or less assistance under an insurance affordability program than the assistance for which the individual would otherwise have been eligible without the error. Such procedures shall include procedures for-- (1) the reporting of such error to the individual, the Secretary of Health and Human Services, and the applicable Exchange and insurance affordability program, regardless of whether such error was included in an amendment to the tax return; and (2) correcting, as soon as practicable, the individual's eligibility status for insurance affordability programs, subject to, in the case of reduced eligibility for assistance, any right of notice and appeal under laws governing the applicable insurance affordability program, including section 1411(f) of the Patient Protection and Affordable Care Act (42 U.S.C. 18081(f)). (f) Disclosure of Return Information for Determining Eligibility for Insurance Affordability Programs and Enrollment Into Minimum Essential Health Coverage.-- (1) In general.--Section 6103(l) of the Internal Revenue Code of 1986 is amended by adding at the end the following: ``(23) Disclosure of return information for determining eligibility for insurance affordability programs and enrollment into minimum essential health coverage.-- ``(A) In general.--In the case of any taxpayer who has consented to the disclosure and transfer of any relevant return information with respect to any household member pursuant to section 3(b) of the Easy Enrollment in Health Care Act, the Secretary shall disclose such information to the applicable Exchange. ``(B) Restriction on disclosure.--Return information disclosed under subparagraph (A) may be-- ``(i) used by an Exchange only for the purposes of, and to the extent necessary in-- ``(I) determining eligibility for an insurance affordability program, or ``(II) facilitating enrollment into minimum essential coverage, and ``(ii) further disclosed by an Exchange to any other person only for the purposes of, and to the extent necessary, to carry out subclauses (I) and (II) of clause (i). ``(C) Definitions.--For purposes of this paragraph, the terms `relevant return information', `Exchange', `insurance affordability program', and `minimum essential coverage' have the same meanings given such terms under section 2 of the Easy Enrollment in Health Care Act.''. (2) Safeguards.--Section 6103(p)(4) of the Internal Revenue Code of 1986 is amended by inserting ``or any Exchange described in subsection (l)(23),'' after ``or any entity described in subsection (l)(21),'' each place it appears. (g) Applications for Insurance Affordability Programs Without Reliance on Federal Income Tax Returns.-- (1) Rule of construction.--Nothing in this Act shall be construed as requiring any individual, as a condition of applying for an insurance affordability program, to-- (A) file a return of tax for any taxable year for which filing a return of tax would not otherwise be required for such taxable year; or (B) consent to disclosure of relevant return information under subsection (b)(1)(B)(i). (2) Methods and procedures.--Any agency administering an insurance affordability program shall implement methods and procedures, as prescribed by the Secretary of Health and Human Services, in consultation with the Secretary, through which, in the case of an individual applying for an insurance affordability program without filing a return of tax or consenting to disclosure of relevant return information under subsection (b)(1)(B)(i), the program determines household income and family size for-- (A) a calendar year described in section 1902(e)(14)(D)(vii)(I) of the Social Security Act (42 U.S.C. 1396a), as added by section 5(a); and (B) an applicable taxable year, as defined in section 36B(c)(5) of the Internal Revenue Code of 1986 (as added by section 5(b)). (h) Secretary.--In this section, the term ``Secretary'' means the Secretary of the Treasury, or the Secretary's delegate. SEC. 4. EXCHANGE USE OF RELEVANT RETURN INFORMATION. (a) In General.--An Exchange that receives relevant return information under section 3(d) with respect to a taxpayer who has provided consent under section 3(b)(1)(B) shall-- (1) minimize additional information (if any) that is required to be provided by such taxpayer for a household member to qualify for any insurance affordability program by, whenever feasible, qualifying such household member for such program based on-- (A) relevant information provided on the tax return filed by the taxpayer, including information on the supplemental form described in section 3(b)(3); and (B) information from other reliable third-party data sources that is relevant to eligibility for such program but not available from the return, including information obtained through data matching based on social security numbers, other identifying information, and other items obtained from such return; (2) determine the eligibility of any household member for the CHIP program and, where eligibility is determined based on modified adjusted gross income, the Medicaid program, as required under section 1413 of the Patient Protection and Affordable Care Act (42 U.S.C. 18083) and section 1943 of the Social Security Act (42 U.S.C. 1396w-3), subject to any right of notice and appeal under laws governing such programs, including section 1411(f) of the Patient Protection and Affordable Care Act (42 U.S.C. 18081(f)); (3) to the extent that any additional information is necessary for determining the eligibility of any household member for an insurance affordability program, obtain such information in the manner that-- (A) imposes the lowest feasible procedural burden to the taxpayer, including-- (i) in the case of a taxpayer filing their tax return electronically, online collection of such information at or near the time of such filing; and (ii) prior to a denial of eligibility or enrollment due to failure to provide such information, attempting to contact the taxpayer multiple times using the preferred contact methods described in section 3(b)(3)(A)(vi); and (B) provides the individual with all procedural protections that would otherwise be available in applying for such program, including the reasonable opportunity period described in section 1137(d)(4)(A) of the Social Security Act (42U.S.C. 1320b-7(d)(4)(A)); and (4) when an individual is found eligible for an insurance affordability program other than the Medicaid program-- (A) enable such individual, through procedures prescribed by the Secretary of Health and Human Services, to seek coverage under the Medicaid program or CHIP program by providing additional information demonstrating potential eligibility for such program, with any resulting determination subject to rights of notice and appeal under laws governing insurance affordability programs, including section 1411(f) of the Patient Protection and Affordable Care Act (42 U.S.C. 18081(f)); and (B) provide such individual with notice of such procedures. (b) Medicaid and CHIP.-- (1) State options.-- (A) In general.--In a State for which the Secretary of Health and Human Services is determining eligibility for individuals who apply for insurance affordability programs at the Exchange serving residents of the individual's State, the Secretary of Health and Human Services shall present the State with not less than 3 sets of options for verification procedures and business rules that the Exchange serving residents of such State shall use in determining eligibility for the State Medicaid program and CHIP program with respect to individuals who are household members described in section 3(b)(1)(B). Notwithstanding any other provision of law, the Secretary of Health and Human Services may present each State with the same 3 sets of options, provided that each set can be customized to reflect each State's decisions about optional eligibility categories and criteria for the Medicaid program and CHIP program. (B) Business rules.--The business rules described in subparagraph (A) shall specify detailed eligibility determination rules and procedures for processing initial applications and renewals, including-- (i) the Secretary's use of data from State agencies and other sources described in subsection (c)(3)(A)(ii) of section 1413 of the Patient Protection and Affordable Care Act (42 U.S.C. 18083); and (ii) the circumstances for administrative renewal of eligibility for the Medicaid program and the CHIP program, based on data showing probable continued eligibility. (C) Default.--In the case of a State described in subparagraph (A) that does not select an option from the set presented under such subparagraph within a timeframe specified by the Secretary of Health and Human Services, the Secretary of Health and Human Services shall determine the option that the Exchange shall use for such State for the purposes described in such subparagraph. (D) Rule of construction.--Nothing in this paragraph shall be construed as requiring a State to provide benefits under title XIX or XXI of the Social Security Act (42 U.S.C. 1396 et seq., 1397aa et seq.) to a category of individuals, or to set an income eligibility threshold for benefits under such titles at a certain level, if the State is not otherwise required to do so under such titles. (2) Enrollment.-- (A) In general.--If the Exchange in a State determines that an individual described in paragraph (1)(A) is eligible for benefits under the State Medicaid program or CHIP program, the Exchange shall send the relevant information about the individual to the State and, if consent has been given under section 3(b)(1)(B) to enrollment in a health plan or other form of minimum essential coverage with a zero net premium, the State shall enroll such individual in the State Medicaid program or CHIP program (as applicable) as soon as practicable, except as provided in subparagraphs (B) and (D). (B) Exception.--A State shall not enroll an individual in coverage under the State Medicaid program or CHIP program without the affirmative consent of the individual if the individual would be required to pay a premium for such coverage. (C) Managed care.--If the State Medicaid program or CHIP program requires an individual enrolled under subparagraph (A) to receive coverage through a managed care organization or entity, the State shall use a procedure for assigning the individual to such an organization or entity (including auto-assignment procedures) that is commonly used in the State when an individual who is found eligible for such program does not affirmatively select a particular organization or entity. (D) Opt-out procedures.--Notwithstanding subparagraph (A), an individual described in such subparagraph shall be given one or more opportunities to opt out of coverage under a State Medicaid program or CHIP program, using procedures prescribed by the Secretary of Health and Human Services. (c) Advance Premium Tax Credits for Qualified Health Plans.-- (1) In general.--In the case where a taxpayer has filed their return of tax for a taxable year on or before the date specified under section 6072(a) of the Internal Revenue Code of 1986 with respect to such year and has provided consent described in section 3(b)(1)(B)(i), if the Exchange has determined that an applicable household member has not qualified for the Medicaid program or the CHIP program, such Exchange shall-- (A) in addition to any such period that may otherwise be available, provide a special enrollment period that begins on the date the taxpayer has provided such consent; and (B) determine-- (i) whether the taxpayer would, pursuant to section 1412 of the Patient Protection and Affordable Care Act (42 U.S.C. 18082), be eligible for advance payment of the premium assistance tax credit under section 36B of the Internal Revenue Code of 1986 if such household member of the taxpayer were enrolled in a qualified health plan; and (ii) if the taxpayer has made the election described in section 3(b)(1)(B)(ii), whether such household member has one or more options to enroll in a qualified health plan with a zero net premium. (2) Enrollment in a qualified health plan with a zero net premium.-- (A) In general.--In the case that a household member described in paragraph (1) has one or more options to enroll in a qualified health plan with a zero net premium, and consent has been given under section 3(b)(1)(B) for enrollment of such household member in a qualified health plan with a zero net premium-- (i) the Exchange shall identify a set of options (as described in subparagraph (B)) for qualified health plans offering a zero net premium; and (ii) from such set, select a qualified health plan as the default enrollment choice for the household member in accordance with subparagraph (C). (B) Option sets.-- (i) In general.--In the case that multiple qualified health plans with a zero net premium are available with more than 1 actuarial value, the Exchange shall limit the set of options under subparagraph (A)(i) to such qualified health plans with the highest available actuarial value. (ii) Further restrictions.--In the case described in clause (i), the Exchange may further limit the set of options under subparagraph (A)(i), among the qualified health plans that have the highest available actuarial value as described in clause (i), based on the generosity of such plans' coverage of services not subject to a deductible. (iii) Definition of highest actuarial value.--For purposes of this subparagraph, the term ``highest actuarial value'' means the highest actuarial value among-- (I) the levels of coverage described in paragraph (1) of section 1302(d) of the Patient Protection and Affordable Care Act (42 U.S.C. 18022(d)), without regard to allowable variance under paragraph (3) of such section; and (II) as applicable, the levels of coverage that result from the application of cost-sharing reductions under section 1402 of such Act (42 U.S.C. 18071). (C) Selecting a default option.--The Secretary of Health and Human Services shall establish procedures that Exchanges may use in selecting, from the set of options described in subparagraph (B), the default enrollment choice under subparagraph (A)(ii). Such procedures shall include-- (i) State options for randomization among health insurance issuers; and (ii) factors that may be used to weight such randomization. (D) Notification of default enrollment.--As soon as possible after an Exchange has identified a default enrollment choice for an individual under subparagraph (A)(ii), the Exchange shall provide the individual with notice of such selection. The notice shall include-- (i) a description of coverage provided by the selected qualified health plan; (ii) encouragement to learn about all available qualified health plan options before the end of the special enrollment period under paragraph (1)(A) and to select a plan that best meets the needs of the individual and the individual's family; (iii) an explanation that, if the individual does not select a qualified health plan by the end of such special enrollment period or opt out of default enrollment in accordance with the process described in clause (iv), the Exchange will enroll the individual in such selected qualified health plan in accordance with subparagraph (E); (iv) an explanation of the opt-out process preceding implementation of default enrollment, which shall meet standards prescribed by the Secretary of Health and Human Services; and (v) information on options for assistance with enrollment and plan choice, including publicly funded navigators and private brokers and agents approved by the Exchange. (E) Default enrollment.-- (i) In general.--Subject to subparagraph (F), an Exchange shall enroll in a default enrollment choice any individual who-- (I) is sent a notice under subparagraph (D); and (II) fails to select a different qualified health plan, or opt out of default enrollment under this paragraph, by the end of the special enrollment period described in paragraph (1)(A). (ii) Updated notice.--At the time of the default enrollment described in clause (i), the Exchange shall send a notice to the individual explaining that default enrollment has occurred, describing the plan into which the individual has been enrolled, and explaining the reconsideration procedures described in subparagraph (F). (F) Reconsideration.-- (i) In general.--Not later than 30 days after receiving a notice under subparagraph (E)(ii), the individual receiving such notice may use a method provided by the Exchange to indicate-- (I) the individual's decision to disenroll from the qualified health plan selected under subparagraph (A)(ii); or (II) in the case of a household member for whom the selected qualified health plan under such subparagraph is a high cost-sharing qualified health plan, the individual's decision to enroll in a specified lower cost- sharing qualified health plan, identified by the Exchange, that is offered by the same health insurance issuer that sponsors the qualified health plan that was selected under such subparagraph. (ii) Definitions.--For purposes of this subparagraph: (I) High cost-sharing qualified health plan.--The term ``high cost- sharing qualified health plan'' means-- (aa) in the case of a household member with a household income at or below 200 percent of the poverty line, a qualified health plan that is not at the silver level; or (bb) in the case of a household member with a household income above 200 percent of the poverty line, a qualified health plan that is not at the gold or platinum level. (II) Specified lower cost-sharing qualified health plan.--The term ``specified lower cost-sharing qualified health plan'' means-- (aa) in the case of a household member with a household income at or below 200 percent of the poverty line, the lowest-premium qualified health plan offered by the health insurance issuer that is at the silver level; or (bb) in the case of a household member with a household income above 200 percent of the poverty line, the lowest-premium qualified health plan offered by the health insurance issuer that is at the gold level. SEC. 5. MODERNIZING ELIGIBILITY CRITERIA FOR INSURANCE AFFORDABILITY PROGRAMS. (a) Income Eligibility Determinations for Medicaid and CHIP.-- (1) In general.--Section 1902(e)(14)(D) of the Social Security Act (42 U.S.C. 1396a(e)(14)(D)) is amended by adding at the end the following new clauses: ``(vi) SNAP and tanf eligibility findings.-- ``(I) In general.--Subject to subclause (III), a State shall provide that an individual for whom a finding has been made as described in clause (II) shall meet applicable eligibility for assistance under the State plan or a waiver of the plan involving financial eligibility, citizenship or satisfactory immigration status, and State residence. A State shall rely on such a finding both for the initial determination of eligibility for medical assistance under the plan or waiver and any subsequent redetermination of eligibility. ``(II) Findings described.--A finding described in this subclause is a determination made within a reasonable period (as determined by the Secretary) by a State agency responsible for administering the Temporary Assistance for Needy Families program under part A of title IV or the Supplemental Nutrition Assistance Program established under the Food and Nutrition Act of 2008 that an individual is eligible for benefits under such program. ``(III) Limitation.--A State shall be required to rely on the findings of the State agency responsible for administering the supplemental nutrition assistance program established under the Food and Nutrition Act of 2008 only in the case of-- ``(aa) an individual who is under 19 years of age; or ``(bb) an individual who is described in subsection (a)(10)(A)(i)(VIII). ``(IV) State option.--A State may rely on the findings of the State agency responsible for administering the supplemental nutrition assistance program established under the Food and Nutrition Act of 2008 in the case of an individual not described in subclause (III). ``(vii) Recent annual income establishing eligibility.-- ``(I) In general.--For purposes of determining the income eligibility for medical assistance of an individual whose eligibility is determined based on the application of modified adjusted gross income under subparagraph (A), a State shall provide that an individual whose eligibility date occurs in January, February, March, or April of a calendar year shall be financially eligible if the individual's modified adjusted gross income for the preceding calendar year satisfies the income eligibility requirement applicable to the individual. ``(II) Definition.--For purposes of this clause, an `eligibility date' means-- ``(aa) in the case of an individual who is not receiving medical assistance when the individual applies for an insurance affordability program (as defined in section 2 of the Easy Enrollment in Health Care Act), whether such application takes place through section 3(b) of such Act or otherwise, the date on which such individual applies for such program; and ``(bb) in the case of an individual who is receiving medical assistance and whose continued eligibility for such assistance is being redetermined, the date on which the individual is determined to satisfy all eligibility requirements applicable to the individual other than income eligibility. ``(III) Rules of construction.-- ``(aa) Eligibility determinations during may through december.--Nothing in subclause (I) shall be construed as diminishing, reducing, or otherwise limiting the State's obligation to grant eligibility, under circumstances other than those described in such subclause, based on data that include income shown on an individual's tax return, including the obligation under section 1413(c)(3)(A) of the Patient Protection and Affordable Care Act (42 U.S.C. 18083(c)(3)(A)). ``(bb) Alternative grounds for eligibility.--Nothing in subclause (I) shall be construed as diminishing, reducing, or otherwise limiting grounds for eligibility other than those described in such subclause, including eligibility based on income as of the point in time at which an application for medical assistance under the State plan or a waiver of the plan is processed. ``(cc) Qualifying for additional assistance.-- Notwithstanding subclause (I), a State shall use an individual's modified adjusted gross income as determined as of the point in time at which the individual's application for medical assistance is processed or, in the case of redetermination of eligibility, projected annual income, to determine the individual's eligibility for medical assistance if using the individual's modified adjusted gross income, as so determined, would result in the individual being eligible for greater benefits under the State plan (or a waiver of such plan) or in the imposition of lower premiums or cost-sharing on the individual under the plan (or waiver) than if the individual's eligibility was determined using the modified adjusted gross income of the individual as shown on the individual's tax return for the preceding calendar year.''. (2) Conforming amendment.--Section 1902(e)(14)(H)(i) of the Social Security Act (42 U.S.C. 1396a(e)(14)(H)(i)) is amended by inserting ``except as provided in subparagraph (D)(vii)(I),'' before ``the requirement''. (3) Effective date.--The amendments made by this subsection shall take effect on January 1, 2025. (b) Improving the Stability and Predictability of Exchange Coverage.-- (1) Internal revenue code of 1986.--Section 36B of the Internal Revenue Code of 1986 is amended-- (A) in subsection (b)-- (i) in paragraph (2)(B)(ii), by striking ``taxable year'' and inserting ``applicable tax year'', and (ii) in paragraph (3)-- (I) in subparagraph (A)-- (aa) in clause (i), by striking ``taxable year'' and inserting ``applicable taxable year'', and (bb) in clause (ii)(I), by inserting ``(or, in the case of applicable taxable years beginning in any calendar year after 2025)'' after ``2014'', and (II) in subparagraph (B)-- (aa) in clause (ii)(I)(aa), by striking ``the taxable year'' each place it appears and inserting ``the applicable taxable year'', and (bb) in the flush matter at the end-- (AA) striking ``files a joint return and no credit is allowed'' and inserting ``filed a joint return during the applicable taxable year and no credit was allowed'', and (BB) striking ``unless a deduction is allowed under section 151 for the taxable year'' and inserting ``unless a deduction was allowed under section 151 for the applicable taxable year'', (B) in subsection (c)-- (i) in paragraph (1)-- (I) in subparagraphs (A) and (C), by striking ``taxable year'' each place it appears and inserting ``applicable taxable year'', and (II) in subparagraph (D), by striking ``is allowable'' and all that follows through the period and inserting ``was allowable to another taxpayer for the applicable taxable year.'', (ii) in paragraph (2)(C), by adding at the end the following: ``(v) Time period.-- ``(I) In general.--Except as provided under subclause (II), eligibility for minimum essential coverage under this subparagraph shall be based on the individual's eligibility for employer-sponsored minimum essential coverage during the open enrollment period (or during a special enrollment period for an individual who enrolls or who changes their qualified health plan during a special enrollment period), as determined by the applicable Exchange. ``(II) Exception.--An individual shall be considered eligible for minimum essential coverage under clause (iii) for a month for which such Exchange has determined, subject to rights of notice and appeal under laws governing the applicable insurance affordability program (including section 1411(f) of the Patient Protection and Affordable Care Act (42 U.S.C. 18081(f))), that the individual is covered by an eligible employer- sponsored plan.'', and (iii) by adding at the end the following: ``(5) Applicable taxable year.--The term `applicable taxable year' means-- ``(A) with respect to a coverage month that is January, February, March, April, or May, the most recent taxable year that ended at least 12 months before January 1 of the plan year, and ``(B) with respect to any coverage month not described in subparagraph (A), the most recent taxable year that ended before January 1 of the plan year. ``(6) Exchange.--The term `Exchange' means an American Health Benefit Exchange established under subtitle D of title I of the Patient Protection and Affordable Care Act (42 U.S.C. 18021 et seq.). ``(7) Open enrollment period.--The term `open enrollment period' means an open enrollment period described in subsection (c)(6)(B) of section 1311 of the Patient Protection and Affordable Care Act (42 U.S.C. 18031).'', (C) in subsection (d)-- (i) in paragraph (1)-- (I) by striking ``is allowed'' and inserting ``was allowed'', and (II) by inserting ``applicable'' before ``taxable year'', and (ii) in paragraph (3)(B), by inserting ``applicable'' before ``taxable year'', (D) in subsection (e)(1)-- (i) by striking ``is allowed'' and inserting ``was allowed'', and (ii) by inserting ``applicable'' before ``taxable year'', and (E) in subsection (f)(2)-- (i) in subparagraph (A), by striking ``If'' and inserting ``Except as provided in subparagraphs (B) and (C), if'', and (ii) by inserting at the end the following: ``(C) Safe harbor.-- ``(i) Income and family size.--No increase under subparagraph (A) shall be imposed if the advance payments do not exceed amounts that are consistent with income and family size, either-- ``(I) as shown on the return of tax for the applicable plan year, provided such return was accepted by the Secretary as meeting applicable processing criteria, or ``(II) as determined by the applicable Exchange under subsection (b)(4) of section 1412 of the Patient Protection and Affordable Care Act (42 U.S.C. 18082). ``(ii) Employer-sponsored minimum essential coverage.--No increase under subparagraph (A) shall be imposed based on eligibility for minimum essential coverage under subsection (c)(2)(C) if the applicable Exchange-- ``(I) determined, under clause (v)(I) of such subsection, that the individual was ineligible for employer- sponsored minimum essential coverage, and ``(II) did not determine, under clause (v)(II) of such subsection, that the individual was covered through employer-sponsored minimum essential coverage. ``(iii) Exception.--Clauses (i) and (ii) shall not apply to the extent that any determination described in such clauses was based on a false statement by the taxpayer which-- ``(I) was intentional or grossly negligent, and ``(II) was-- ``(aa) made on a return of tax, or ``(bb) provided or caused to be provided to an Exchange by the taxpayer.''. (2) Patient protection and affordable care act.--Section 1412(b) of the Patient Protection and Affordable Care Act (42 U.S.C. 18082(b)) is amended-- (A) in paragraph (1)(B), by striking ``the most recent'' and all that follows through the period at the end and inserting ``the applicable taxable year, as defined in section 36B(c)(5) of the Internal Revenue Code of 1986.''; (B) in paragraph (2)(B), by striking ``second preceding taxable year'' and inserting ``applicable taxable year, as defined in such section 36B(c)(5)''; and (C) by adding at the end the following: ``(3) Change form.--If, after the submission of an individual's application form, the individual experiences changes in circumstances as described in paragraph (2), the individual may, by submitting a change form as prescribed by the Secretary, apply for an increased amount of advance payments of the premium tax credit under section 36B of the Internal Revenue Code of 1986, increased cost-sharing reductions under section 1402, increased assistance under the basic health program under section 1331, and coverage through a State Medicaid program or CHIP program. ``(4) Eligibility for additional assistance.-- ``(A) In general.--The Secretary, in consultation with the Secretary of the Treasury, shall establish a process through which-- ``(i) an Exchange determines, through data sources and procedures described in sections 1411 and 1413 (42 U.S.C. 18081; 42 U.S.C. 18083), whether each individual who has submitted a change form under paragraph (3) has experienced substantial changes in circumstances that warrant additional assistance through an insurance affordability program, as defined in section 2 of the Easy Enrollment in Health Care Act; ``(ii) in the case the Exchange determines an individual has experienced substantial changes in circumstances as described in clause (i), the Exchange conveys such determination to the Secretary of the Treasury under section 36B(f) of the Internal Revenue Code of 1986 and to the administrator of an insurance affordability program for which the individual may qualify under that determination; and ``(iii) in the case the Exchange determines an individual has experienced substantial changes in circumstances described in clause (i), the individual may qualify without delay for additional advance premium tax credits under section 36B of the Internal Revenue Code of 1986, increased cost-sharing reductions under section 1402, additional basic health program assistance under section 1331, or coverage through a State Medicaid program or CHIP program. ``(B) Rights to notice and appeal.--A determination made by an Exchange under this paragraph shall be subject to any applicable rights of notice and appeal, including such rights under section 1411(f).''. (3) Effective dates.--The amendments made by this subsection shall take effect on January 1, 2026, and continue in effect through December 31, 2032. SEC. 6. STRENGTHENING DATA INFRASTRUCTURE FOR ELIGIBILITY FOR INSURANCE AFFORDABILITY PROGRAMS. (a) Insurance Affordability Program Access to National Directory of New Hires.--Section 453(i) of the Social Security Act (42 U.S.C. 653(i)) is amended by adding at the end the following new paragraph: ``(5) Administration of insurance affordability programs.-- ``(A) In general.--The Secretary shall provide access to insurance affordability programs (as such term is defined in section 2 of the Easy Enrollment in Health Care Act) to information in the National Directory of New Hires that involves-- ``(i) identity, employer, quarterly wages, and unemployment compensation, to the extent such information is potentially relevant to determining the eligibility or scope of coverage of an individual for benefits provided by such a program; and ``(ii) new hires, to the extent such information is potentially relevant to determining whether an individual is offered minimum essential coverage through a group health plan, as defined in section 5000(b)(1) of the Internal Revenue Code of 1986. ``(B) Reimbursement of hhs costs.--Insurance affordability programs shall reimburse the Secretary, in accordance with subsection (k)(3), for the additional costs incurred by the Secretary in furnishing information under this paragraph.''. (b) Use of Information From the National Directory of New Hires.-- Notwithstanding any other provision of law-- (1) in determining an individual's eligibility for advance payment of premium tax credits under section 1412(a)(3) of the Patient Protection and Affordable Care Act (42 U.S.C. 18082(a)(3)), and cost-sharing reductions under section 1402 of the Patient Protection and Affordable Care Act (42 U.S.C. 18071), and a basic health program under section 1331 of the Patient Protection and Affordable Care Act (42 U.S.C. 18051), an Exchange may use information about identity, employer, quarterly wages, and unemployment compensation in the National Directory of New Hires, and information about new hires to determine whether an individual is offered minimum essential coverage through a group health plan, as defined in section 5000(b)(1) of the Internal Revenue Code of 1986, subject to notice and appeal rights for any resulting eligibility determination, including the rights described in section 1411(f) of the Patient Protection and Affordable Care Act (42 U.S.C. 18081(f)); and (2) Medicaid programs and CHIP programs may use information in the National Directory of New Hires about identity, employer, quarterly wages, and unemployment compensation to determine eligibility and to implement third-party liability procedures or premium assistance programs otherwise permitted or mandated under Federal law, and use information about new hires to implement such procedures and policies, subject to notice and appeal rights for any resulting determination, including those available under title XIX or title XXI of the Social Security Act or under section 1411(f) of the Patient Protection and Affordable Care Act (42 U.S.C. 18081(f)). (c) Use of Information About Eligibility for or Receipt of Group Health Coverage.--Notwithstanding any other provision of Federal or State law: (1) In general.--Subject to the requirements described in paragraph (2), for purposes of determining eligibility and, in the case of a Medicaid program, for purposes of determining the applicability of third-party liability procedures or premium assistance policies otherwise permitted or mandated under Federal law, an insurance affordability program shall have access to any source of information, maintained by or accessible to a public entity, about receipt or offers of coverage through a group health plan. Such sources shall include-- (A) information maintained by or accessible to the Secretary of Health and Human Services for purposes of implementing section 1862(b) of the Social Security Act (42 U.S.C. 1395y(b)); (B) information maintained by or accessible to a State Medicaid program for purposes of implementing subsection (a)(25) or (a)(60) of section 1902 of the Social Security Act (42 U.S.C. 1396a); and (C) information reported under sections 6055 and 6056 of the Internal Revenue Code of 1986. (2) Requirements.--An insurance affordability program shall obtain the information described in paragraph (1) pursuant to an interagency or other agreement, consistent with standards prescribed by the Secretary of Health and Human Services, in consultation with the Secretary, that prevents the unauthorized use, disclosure, or modification of such information and otherwise protects privacy and data security. (d) Authorization To Receive Relevant Information.-- (1) In general.--Notwithstanding any other provision of law, a Federal or State agency or private entity in possession of the sources of data potentially relevant to eligibility for an insurance affordability program is authorized to convey such data or information to the insurance affordability program, and such program is authorized to receive the data or information and to use it in determining eligibility. (2) Application of requirements and penalties.--A conveyance of data to an insurance affordability program under this subsection shall be subject to the same requirements that apply to a conveyance of data to a State Medicaid plan under title XIX of the Social Security Act (42 U.S.C. 1396 et seq.) under section 1942 of such Act (42 U.S.C. 1396w-2), and the penalties that apply to a violation of such requirements, including penalties that apply to a private entity making a conveyance. (e) Electronic Transmission of Information.--In determining an individual's eligibility for an insurance affordability program, the program shall-- (1) with respect to verifying an element of eligibility that is based on information from an Express Lane Agency (as defined in section 1902(e)(13)(F) of the Social Security Act (42 U.S.C. 1396a(e)(13)(F))), from another public agency, or from another reliable source of relevant data, waive any otherwise applicable requirement that the individual must verify such information, provide an attestation as to the subject of such information, or provide a signature for attestations that include that subject, before the individual is enrolled into minimum essential coverage; and (2) satisfy any otherwise applicable signature requirement with respect to an individual's enrollment in an insurance affordability program through an electronic signature (as defined in section 1710(1) of the Government Paperwork Elimination Act (44 U.S.C. 3504 note)). (f) Rule of Construction.--Nothing in this section shall be construed as diminishing, reducing, or otherwise limiting the legal authority for an insurance affordability program to grant eligibility, in whole or in part, based on an attestation alone, without requiring verification through data matches or other sources. SEC. 7. FUNDING FOR INFORMATION TECHNOLOGY DEVELOPMENT AND OPERATIONS. (a) In General.--Out of amounts in the Treasury not otherwise appropriated, there are appropriated to the Secretary of Health and Human Services such sums as may be necessary to establish information exchange and processing infrastructure and operate all information exchange and processing procedures described in this Act, including for the costs of staff and contractors. (b) Agencies Receiving Funding.--The Secretary of Health and Human Services may, as necessary and in accordance with the procedures described in subsection (c), transfer amounts appropriated under subsection (a) to entities that include the following for the purposes described in such subsection: (1) The Secretary of the Treasury, including the Internal Revenue Service. (2) The Office of Child Support Enforcement of the Department of Health and Human Services. (3) A State-administered insurance affordability program, including a Medicaid or CHIP program and a State basic health program under section 1331 of the Patient Protection and Affordable Care Act (42 U.S.C. 18051). (4) An entity operating an Exchange. (5) A third-party data source, which may be a public or private entity. (c) Procedures.--The Secretary of Health and Human Services, in consultation with the Secretary of the Treasury, shall establish procedures for the entities described in subsection (b) to request a transfer of funding from the amounts appropriated under subsection (a), including procedures for reviewing such requests, modifying and approving such requests, appealing decisions about transfers, and auditing such transfers. SEC. 8. CONFORMING STATUTORY CHANGES. (a) State Income and Eligibility Verification Systems.--Section 1137 of the Social Security Act (42 U.S.C. 1320b-7) is amended-- (1) in subsection (a)(1), by inserting ``(in the case of an individual who has consented to the disclosure and transfer of relevant return information that includes the individual's social security account number pursuant to section 3(b)(1)(B) of the Easy Enrollment in Health Care Act, the State shall deem such individual to have satisfied the requirement to furnish such account number to the State under this paragraph)'' before the semicolon; and (2) in subsection (d)-- (A) in paragraph (1)(A), by striking ``The State shall require'' and inserting ``Subject to paragraph (6), the State shall require''; and (B) by adding at the end the following new paragraph: ``(6) Satisfaction of requirement through reliable data matches.--In the case of an individual applying for the program described in paragraph (2) or the Children's Health Insurance Program under title XXI of this Act, the program shall not require an individual to make the declaration described in paragraph (1)(A) if the procedures established pursuant to section 3(a)(1) of the Easy Enrollment in Health Care Act or section 1413(c)(2)(B)(ii)(II) of the Patient Protection and Affordable Care Act (42 U.S.C. 18083(c)(2)(B)(ii)(II)) were used to verify the individual's citizenship, based on the individual's social security number as well as other identifying information, which may include such facts as name and date of birth, that increases the accuracy of matches with applicable sources of citizenship data.''. (b) Eligibility Determinations Under PPACA.--Section 1411(b) of the Patient Protection and Affordable Care Act (42 U.S.C. 18081(b)) is amended-- (1) in paragraph (3), by striking subparagraph (A) and inserting the following: ``(A) Information regarding income and family size.--The information described in paragraphs (21) and (23) of section 6103(l) of the Internal Revenue Code of 1986 for the applicable taxable year, as defined in section 36B(c)(5) of such Code.''; and (2) by adding at the end the following: ``(6) Receipt of information.--The requirements for providing information under this subsection may be satisfied through data submitted to the Exchange through reliable data matches, rather than by the applicant providing information. In the case described in paragraph (2)(A), data matches shall not be used for this purpose unless they meet the requirements described in section 1137(d)(6) of the Social Security Act (42 U.S.C. 1320b-7(d)(6)).''. SEC. 9. ADVISORY COMMITTEE. (a) In General.--The Secretary of the Treasury, in conjunction with the Secretary of Health and Human Services, shall establish an advisory committee to provide guidance to both Secretaries in carrying out this Act. The members of the committee shall include-- (1) national experts in behavioral economics, other behavioral science, insurance affordability programs, enrollment and retention in health programs and other benefit programs, public benefits for immigrants, public benefits for other historically marginalized or disadvantaged communities, and Federal income tax policy and operations; and (2) representatives of all relevant stakeholders, including-- (A) consumers; (B) health insurance issuers; (C) health care providers; and (D) tax return preparers. (b) Purview.--The advisory committee established under subsection (a) shall be solicited for advice on any topic chosen by the Secretary of the Treasury or the Secretary of Health and Human Services, including (at a minimum) all matters as to which a provision in this Act, other than subsection (a), requires a consultation between the Secretary of the Treasury and the Secretary of Health and Human Services. SEC. 10. STUDY. (a) In General.--The Secretary of Health and Human Services shall conduct a study analyzing the impact of this Act and making recommendations for-- (1) State pilot projects to test improvements to this Act, including an analysis of policies that automatically enroll eligible individuals into group health plans; (2) modifying open enrollment periods for Exchanges and plan years so that open enrollment coincides with filing of Federal income tax returns; and (3) other steps to improve outcomes achieved by this Act. (b) Report.--Not later than July 1, 2028, the Secretary of Health and Human Services shall deliver a report on the study and recommendations under subsection (a) to the Committee on Ways and Means, the Committee on Education and the Workforce, and the Committee on Energy and Commerce of the House of Representatives and to the Committee on Finance and the Committee on Health, Education, Labor, and Pensions of the Senate. SEC. 11. APPROPRIATIONS. Out of amounts in the Treasury not otherwise appropriated, there are appropriated, in addition to the amounts described in section 7 and any amounts otherwise made available, to carry out the purposes of this Act, such sums as may be necessary to the Secretary of the Treasury, and such sums as may be necessary to the Secretary of Health and Human Services, to remain available until expended. &lt;all&gt; </pre></body></html>
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118S424
Protect Our Seniors Act
[ [ "S001217", "Sen. Scott, Rick [R-FL]", "sponsor" ] ]
<html><body><pre>[Congressional Bills 118th Congress] [From the U.S. Government Publishing Office] [S. 424 Placed on Calendar Senate (PCS)] &lt;DOC&gt; Calendar No. 16 118th CONGRESS 1st Session S. 424 To protect the seniors of the United States, and for other purposes. _______________________________________________________________________ IN THE SENATE OF THE UNITED STATES February 14, 2023 Mr. Scott of Florida introduced the following bill; which was read the first time February 15, 2023 Read the second time and placed on the calendar _______________________________________________________________________ A BILL To protect the seniors 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 ``Protect Our Seniors Act''. SEC. 2. RESCISSION OF CERTAIN FUNDS FOR ENHANCED INTERNAL REVENUE SERVICE RESOURCES. (a) Rescission.--Effective on the date of enactment of this Act, the unobligated balances of the amounts made available under the following provisions of Public Law 117-169 are rescinded: (1) Internal revenue service enforcement funds.--Section 10301(1)(A)(ii). (2) Internal revenue service operations support.--Section 10301(1)(A)(iii). (b) Transfer of Funds to Social Security and Medicare Trust Funds.-- (1) Federal old age and survivors insurance trust fund.-- There is hereby appropriated to the Federal Old-Age and Survivors Insurance Trust Fund established under section 201(a) of the Social Security Act (42 U.S.C. 401(a)) an amount equal to 50 percent of the amount rescinded under subsection (a). (2) Federal hospital insurance trust fund.--There is hereby appropriated to the Federal Hospital Insurance Trust Fund established section 1817 of the Social Security Act (42 U.S.C. 1395i) under an amount equal to 50 percent of the amount rescinded under subsection (a). SEC. 3. POINT OF ORDER FOR REDUCTIONS IN MEDICARE AND SOCIAL SECURITY BENEFITS. Section 301 of the Congressional Budget Act of 1974 (2 U.S.C. 632) is amended by adding at the end the following: ``(j) Medicare and Social Security Point of Order.-- ``(1) In general.--It shall not be in order in the Senate to consider any bill or resolution (or amendment, motion, or conference report on that bill or resolution) that would reduce benefits under the Medicare program under title XVIII of the Social Security Act (42 U.S.C. 1395 et seq.) or benefits payable under title II of that Act (42 U.S.C. 401 et seq.). ``(2) Waiver.--Paragraph (1) may be waived or suspended in the Senate only by the affirmative vote of two-thirds of the Members, duly chosen and sworn.''. SEC. 4. MEDICARE POINT OF ORDER. Section 301 of the Congressional Budget Act of 1974 (2 U.S.C. 632), as amended by section 3, is further amended by adding at the end the following: ``(k) Medicare Point of Order.-- ``(1) In general.--It shall not be in order in the Senate to consider any bill or resolution (or amendment, motion, or conference report on that bill or resolution) for which the total budgetary effects of the measure, as determined by the Congressional Budget Office, use a decrease in outlays, or an increase in revenue, under the health insurance programs under title XVIII of the Social Security Act (42 U.S.C. 1395 et seq.) to offset a cost of a provision of the measure that is not for the purpose of carrying out those programs. ``(2) Waiver.--Paragraph (1) may be waived or suspended in the Senate only by the affirmative vote of two-thirds of the Members, duly chosen and sworn. An affirmative vote of two- thirds of the Members of the Senate, duly chosen and sworn, shall be required to sustain an appeal of the ruling of the Chair on a point of order raised under paragraph (1).''. Calendar No. 16 118th CONGRESS 1st Session S. 424 _______________________________________________________________________ A BILL To protect the seniors of the United States, and for other purposes. _______________________________________________________________________ February 15, 2023 Read the second time and placed on the calendar </pre></body></html>
[ "Social Welfare" ]
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118S425
Secure and Protect Act of 2023
[ [ "G000359", "Sen. Graham, Lindsey [R-SC]", "sponsor" ], [ "T000476", "Sen. Tillis, Thomas [R-NC]", "cosponsor" ] ]
<p><b>Secure and Protect Act of 2023 </b></p> <p>This bill makes changes to the handling of unaccompanied alien children and asylum applications. (<i>Aliens </i>is the term in federal law used to describe non-U.S. nationals.)</p> <p>The <i>Flores</i> settlement (a court settlement imposing conditions on the treatment of detained alien minors) shall not restrict any activities. The Department of Homeland Security (DHS) shall have sole discretion as to the conditions of detention for such minors. </p> <p>Statutory provisions governing the handling of unaccompanied alien children from U.S.-bordering countries shall now govern all unaccompanied alien children. The bill provides for requirements relating to the handling of such children. Certain immigration officer determinations relating to unaccompanied alien children shall be unreviewable.</p> <p>DHS may detain accompanied alien children while removal proceedings are pending (some courts have ruled that <i>Flores</i> limits the detention of certain children to 20 days). States may not impose licensing requirements for family detention facilities.</p> <p>An unaccompanied alien child may not be released from custody while immigration or removal proceedings are pending, with some exceptions.</p> <p>The bill limits asylum eligibility to individuals entering the United States at a designated port of entry and provides for additional grounds for asylum ineligibility. A <i>credible fear of persecution</i> is redefined to mean that it is more likely than not that the individual would be able to establish eligibility for asylum.</p> <p>The Department of State must establish refugee application and processing centers in Mexico and Central America. </p> <p>The bill also requires the hiring of additional immigration judges, support staff, and U.S. Immigration and Customs Enforcement attorneys.</p>
<html><body><pre>[Congressional Bills 118th Congress] [From the U.S. Government Publishing Office] [S. 425 Introduced in Senate (IS)] &lt;DOC&gt; 118th CONGRESS 1st Session S. 425 To amend the William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008 to protect alien minors and to amend the Immigration and Nationality Act to end abuse of the asylum system and establish refugee application and processing centers outside the United States, and for other purposes. _______________________________________________________________________ IN THE SENATE OF THE UNITED STATES February 14, 2023 Mr. Graham introduced the following bill; which was read twice and referred to the Committee on the Judiciary _______________________________________________________________________ A BILL To amend the William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008 to protect alien minors and to amend the Immigration and Nationality Act to end abuse of the asylum system and establish refugee application and processing centers outside 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 ``Secure and Protect Act of 2023''. SEC. 2. PROTECTION OF MINORS. (a) Promoting Family Unity.--Section 235 of the William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008 (8 U.S.C. 1232) is amended by adding at the end the following: ``(j) Promoting Family Unity.-- ``(1) Detention of alien minors.-- ``(A) In general.--Notwithstanding any other provision of law, judicial determination, consent decree, or settlement agreement, the Secretary of Homeland Security may detain any alien minor (other than an unaccompanied alien child) who is inadmissible to the United States under section 212(a) of the Immigration and Nationality Act (8 U.S.C. 1182(a)) or removable from the United States under section 237(a) of that Act (8 U.S.C. 1227(a)) pending the completion of removal proceedings, regardless of whether the alien minor was previously an unaccompanied alien child. ``(B) Priority removal cases.--The Attorney General shall-- ``(i) prioritize the removal proceedings of an alien minor, or a family unit that includes an alien minor, detained under subparagraph (A); and ``(ii) set a case completion goal of not more than 100 days for such proceedings. ``(C) Detention and release decisions.--The decision to detain or release an alien minor described in subparagraph (A)-- ``(i) shall be governed solely by sections 212(d)(5), 217, 235, 236, and 241 of the Immigration and Nationality Act (8 U.S.C. 1182(d)(5), 1187, 1225, 1226, and 1231) and implementing regulations or policies; and ``(ii) shall not be governed by standards, requirements, restrictions, or procedures contained in a judicial decree or settlement relating to the authority to detain or release alien minors. ``(2) Conditions of detention.-- ``(A) In general.--Notwithstanding any other provision of law, judicial determination, consent decree, or settlement agreement, the Secretary of Homeland Security shall determine, in the sole discretion of the Secretary, the conditions of detention applicable to an alien minor described in paragraph (1)(A) regardless of whether the alien minor was previously an unaccompanied alien child. ``(B) No judicial review.--A determination under subparagraph (A) shall not be subject to judicial review. ``(3) Rule of construction.--Nothing in this section-- ``(A) affects the eligibility for bond or parole of an alien; or ``(B) limits the authority of a court to hear a claim arising under the Constitution of the United States. ``(4) Preemption of state licensing requirements.-- Notwithstanding any other provision of law, judicial determination, consent decree, or settlement agreement, a State may not require an immigration detention facility used to detain families consisting of one or more children who have not attained 18 years of age and the parents or legal guardians of such children, that is located in the State, to be licensed by the State or any political subdivision thereof. ``(5) Conditions of custody.--The Secretary of Homeland Security shall ensure that each-- ``(A) family residential facility is secure and safe; and ``(B) alien child and accompanying parent at a family residential facility has-- ``(i) suitable living accommodations; ``(ii) access to drinking water and food; ``(iii) timely access to medical assistance, including mental health assistance; and ``(iv) access to any other service necessary for the adequate care of a minor child. ``(6) Authorization of appropriations.--There are authorized to be appropriated such sums as may be necessary to carry out this subsection. ``(k) Applicability of Consent Decrees, Settlements, and Judicial Determinations.-- ``(1) Flores settlement agreement inapplicable.--Any conduct or activity that was, before the date of the enactment of this subsection, subject to any restriction or obligation imposed by the stipulated settlement agreement filed on January 17, 1997, in the United States District Court for the Central District of California in Flores v. Reno, CV 85-4544-RJK, (commonly known as the `Flores settlement agreement'), or imposed by any amendment of that agreement or judicial determination based on that agreement-- ``(A) shall be subject to the restrictions and obligations under subsection (j) or imposed under any other provision of this Act; and ``(B) shall not be subject to the restrictions and the obligations imposed by such settlement agreement or judicial determination. ``(2) Other settlement agreements or consent decrees.--In any civil action with respect to the conditions of detention of alien children, the court shall not enter or approve a settlement agreement or consent decree unless it complies with the limitations set forth in subsection (j).''. (b) Safe and Prompt Return of Unaccompanied Alien Children.-- Section 235(a) of the William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008 (8 U.S.C. 1232(a)) is amended-- (1) in paragraph (2)-- (A) by amending the paragraph heading to read as follows: ``Rules for repatriating unaccompanied alien children''; (B) in subparagraph (A), in the matter preceding clause (i), by striking ``who is a national or habitual resident of a country that is contiguous with the United States shall be treated in accordance with subparagraph (B)'' and inserting ``shall be treated in accordance with this paragraph or subsection (b), as applicable''; (C) in subparagraph (B)-- (i) by redesignating clauses (i) and (ii) as subclauses (I) and (II), and moving the subclauses two ems to the right; (ii) in the matter preceding subclause (I), as so redesignated, by striking ``An immigration officer'' and inserting the following: ``(i) In general.--An immigration officer''; and (iii) by adding at the end the following: ``(ii) Children unable to make decisions with respect to withdrawal of applications for admission.--If at the time of initial apprehension, an immigration officer determines, in the sole and unreviewable discretion of the immigration officer, that an unaccompanied alien child is not able to make an independent decision with respect to the withdrawal of his or her application for admission to the United States, the immigration officer shall refer the unaccompanied alien child for removal proceedings under section 240 of the Immigration and Nationality Act (8 U.S.C. 1229a). ``(iii) Children able to make decisions with respect to withdrawal of applications for admission.-- ``(I) In general.--Except as described in subclause (III)(aa), notwithstanding any other provision of law that requires removal proceedings under section 240 of the Immigration and Nationality Act (8 U.S.C. 1229a), including subparagraph (D) and section 235 of the Immigration and Nationality Act (8 U.S.C. 1225), in the case of an unaccompanied alien child who is able to make an independent decision with respect to the withdrawal of his or her application for admission to the United States, as determined by an immigration officer at the time of initial apprehension, and does not wish to withdraw such application, the immigration officer shall-- ``(aa) make a record of any finding of inadmissibility or deportability, which shall be the basis of a repatriation order, which shall be carried out and the child shall be returned to his or her country of nationality or last habitual residence, unless the child is referred-- ``(AA) for removal proceedings pursuant to subclause (III)(aa); or ``(BB) to an immigration judge for a determination pursuant to subclause (III)(bb); and ``(bb) refer the unaccompanied alien child for an interview under subclause (II) to determine whether it is more likely than not that the unaccompanied alien child-- ``(AA) will be subjected to trafficking on return to his or her country of nationality or last habitual residence; and ``(BB) would be granted asylum under section 208 of the Immigration and Nationality Act (8 U.S.C. 1158), withholding of removal under section 241(b)(3) of that Act (8 U.S.C. 1231(b)(3)), or protection under the regulations issued pursuant to the legislation implementing the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, done at New York, December 10, 1984 (referred to in this clause as the `Convention Against Torture'). ``(II) Interview.-- ``(aa) In general.--An interview under subclause (I)(bb) shall be conducted by an immigration officer with specialized training relating to-- ``(AA) applicable law; ``(BB) interviewing children; and ``(CC) child trafficking. ``(III) Determinations based on interview.-- ``(aa) Removal proceedings.--An unaccompanied alien child described in subclause (I) shall be referred for removal proceedings under section 240 of the Immigration and Nationality Act (8 U.S.C. 1229a) if, based on an interview under item (bb) of that subclause, the immigration officer makes a determination that it is more likely than not that the unaccompanied alien child will be trafficked on return to his or her country of nationality or last habitual residence. ``(bb) Asylum only determinations.-- ``(AA) In general.--If, based on an interview under subclause (I)(bb), the immigration officer makes a determination that it is more likely than not that the claim of an unaccompanied alien child for asylum under section 208 of the Immigration and Nationality Act (8 U.S.C. 1158), withholding of removal under section 241(b)(3) of that Act (8 U.S.C. 1231(b)(3)), or protection under the Convention Against Torture will be granted, the unaccompanied alien child shall be referred to an immigration judge solely for a determination with respect to whether the unaccompanied alien child is eligible for asylum under section 208 of that Act (8 U.S.C. 1158), withholding of removal under section 241(b)(3) of that Act (8 U.S.C. 1231(b)(3)), or protection under the regulations issued pursuant to the legislation implementing the Convention Against Torture and, if otherwise eligible for asylum, whether asylum shall be granted in the exercise of discretion. ``(BB) Repatriation.--An unaccompanied alien child referred to an immigration judge under subitem (AA) shall be returned to his or her country of nationality or last habitual residence if the immigration judge finds that the unaccompanied alien child is not entitled to asylum, withholding of removal, or protection under the regulations issued pursuant to the legislation implementing the Convention Against Torture. ``(IV) Discretion of immigration officer; no judicial review.--A decision of an immigration officer under this clause, and the issuance of a repatriation order, shall be in the sole, unreviewable discretion of the immigration officer. ``(iv) Detention during proceedings.-- ``(I) In general.--Except as provided in subclauses (II) and (III), notwithstanding any other provision of law, settlement agreement, or consent decree, an unaccompanied alien child shall not be released from the custody of the Secretary of Homeland Security or the Director of the Office of Refugee Resettlement during the pendency of the immigration or removal proceedings of the unaccompanied alien child. ``(II) Release to sponsor.-- ``(aa) In general.--Except as provided in item (bb), the Director of the Office of Refugee Resettlement may, in the sole, unreviewable discretion of the Director, release an unaccompanied alien child to a sponsor who is a verified parent or legal guardian or, in the case of an unaccompanied alien child who does not have a verified parent or legal guardian in the United States, a close relative, a distant relative, or an unrelated adult. ``(bb) Exception.--The Director of the Office of Refugee Resettlement shall not under any circumstance release an unaccompanied alien child to a sponsor or a member of the sponsor's household who has committed an offense described in section 236(c)(1) of the Immigration and Nationality Act (8 U.S.C. 1226(c)(1)), is detained while in removal proceedings under section 240 of that Act (8 U.S.C. 1229a), has assisted or facilitated the smuggling or trafficking of a child, or would otherwise pose a threat to the well-being of the unaccompanied alien child. ``(cc) Provision of information to secretary of homeland security.--The Secretary of Health and Human Services shall provide to the Secretary of Homeland Security information relating to the sponsor, potential sponsor, and each member of the household of the sponsor or potential sponsor, of each unaccompanied alien child. ``(III) Programs for unaccompanied alien children without sponsors.--In the case of an unaccompanied alien child who cannot be placed with a sponsor under item (aa), the Director of the Office of Refugee Resettlement may release the child to a program for unaccompanied alien minors, such as a program under section 412(d) of the Immigration and Nationality Act (8 U.S.C. 1522(d)).''; and (D) in subparagraph (C)-- (i) by amending the subparagraph heading to read as follows: ``Agreements with foreign countries.--''; and (ii) in the matter preceding clause (i), by striking ``countries contiguous to the United States'' and inserting ``Canada, El Salvador, Guatemala, Honduras, Mexico, and any other foreign country the Secretary considers appropriate''; (2) by striking paragraph (3); (3) by redesignating paragraphs (4) and (5) as paragraphs (3) and (4), respectively; and (4) in paragraph (4)(D), as so redesignated, by striking ``from a contiguous country''. (c) Protecting Integrity of Special Immigrant Juvenile Visa Program.--Section 101(a)(27)(J) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(27)(J)) is amended-- (1) in clause (i), by striking ``, and whose'' and all that follows through ``State law''; and (2) in clause (iii)-- (A) in subclause (I), by striking ``and'' at the end; and (B) by adding at the end the following: ``(III) an alien may not be granted special immigrant juvenile status under this subparagraph if the juvenile court determines that the alien may be returned to the legal custody of any parent of the alien; and ``(IV)(aa) in assessing whether an alien is entitled to special immigrant juvenile classification under this subparagraph, the Secretary of Homeland Security may, in the discretion of the Secretary, determine whether-- ``(AA) an order of dependency or custody issued for purposes of clause (i) was issued during juvenile court abuse and neglect proceedings for the purpose of providing permanency to an alien the parents of whom have been found to be unfit; and ``(BB) such order was issued by a court of appropriate jurisdiction; and ``(bb) notwithstanding any other provision of law, no court shall have jurisdiction to review a determination made by the Secretary of Homeland Security under this subclause;''. (d) Parole Reform.-- (1) In general.--Paragraph (5) of section 212(d) (8 U.S.C. 1182(d)) is amended to read as follows: ``(5) Humanitarian and significant public benefit parole.-- ``(A) In general.--Subject to the provisions of this paragraph and section 214(f)(2), the Secretary of Homeland Security, in the sole discretion of the Secretary of Homeland Security, may, on an individual case-by-case basis and not according to eligibility criteria describing an entire class of potential parole recipients, parole an alien into the United States temporarily, under such conditions as the Secretary of Homeland Security may prescribe, only-- ``(i) for an urgent humanitarian reason (as described under subparagraph (B)); or ``(ii) for a reason deemed strictly for the significant public benefit (as described under subparagraph (C)). ``(B) Humanitarian parole.--The Secretary of Homeland Security may parole an alien based on an urgent humanitarian reason described in this subparagraph only if-- ``(i) the alien has a medical emergency and the alien cannot obtain necessary treatment in the foreign state in which the alien is residing or the medical emergency is life- threatening and there is insufficient time for the alien to be admitted through the normal visa process; ``(ii) the alien is the legal guardian or otherwise has legal authority to make medical decisions on behalf of an alien described in clause (i); ``(iii) the alien is needed in the United States in order to donate an organ or other tissue for transplant into an immediate family member and there is insufficient time for the alien to be admitted through the normal visa process; ``(iv) the alien has an immediate family member in the United States whose death is imminent and the alien could not arrive in the United States in time to see such family member alive if the alien were to be admitted through the normal visa process; ``(v) the alien is a lawful applicant for adjustment of status under section 245; or ``(vi) the alien was lawfully granted status under section 208 or lawfully admitted under section 207. ``(C) Significant public benefit parole.--The Secretary of Homeland Security may parole an alien based on a reason deemed strictly for the significant public benefit described in this subparagraph only if-- ``(i) the presence of the alien is necessary in a matter such as a criminal investigation or prosecution, espionage activity, or other similar law enforcement or intelligence-related activity; ``(ii) the presence of the alien is necessary in a civil matter concerning the termination of parental rights; ``(iii) the alien has previously assisted the United States Government in a matter described in clause (i) and the life of the alien would be threatened if the alien were not permitted to enter the United States; ``(iv) in the case of an alien detained under section 235, it is necessary to release from detention and grant parole to the alien due to a safety concern or for the preservation of life and property, including in the case of-- ``(I) lack of adequate bed space in a detention facility; or ``(II) an alien who has a serious medical condition such that continued detention would be life-threatening or would risk serious bodily injury, disfigurement, or permanent disability; or ``(v) in the case of an alien returned to a foreign territory contiguous to the United States pursuant to section 235(b)(2)(C), it is necessary to parole the alien into the United States for an immigration proceeding. ``(D) Limitation on the use of parole authority.-- The Secretary of Homeland Security may not use the parole authority under this paragraph-- ``(i) to circumvent immigration policy established by law; ``(ii) to admit classes of aliens who do not qualify for admission under established legal immigration categories; or ``(iii) to supplement established immigration categories without an Act of Congress. ``(E) Parole not an admission.--Parole of an alien under this paragraph shall not be considered an admission of the alien into the United States. When the purposes of the parole of an alien have been served, or such parole is revoked, as determined by the Secretary of Homeland Security, the alien shall immediately return or be returned to the custody from which the alien was paroled and the alien shall be considered for admission to the United States on the same basis as other similarly situated applicants for admission. ``(F) Report to congress.--Not later than 90 days after the end of each fiscal year, the Secretary of Homeland Security shall submit a report to the Committee on the Judiciary of the Senate and the Committee on the Judiciary of the House of Representatives describing the number and categories of aliens paroled into the United States under this paragraph. Each such report shall contain information and data concerning the number and categories of aliens paroled, the duration of parole, and the current status of aliens paroled during the preceding fiscal year.''. (2) Effective date.--The amendment made by paragraph (1) shall take effect on the first day of the first month beginning more than 60 days after the date of the enactment of this Act. SEC. 3. ENDING ABUSE OF ASYLUM SYSTEM. (a) Standards To Deter Fraud and Advance Meritorious Asylum Claims.--Section 235(b)(1)(B) of the Immigration and Nationality Act (8 U.S.C. 1225(b)(1)(B)) is amended-- (1) by amending clause (v) to read as follows: ``(v) Credible fear of persecution.-- ``(I) In general.--For purposes of this subparagraph, the term `credible fear of persecution' means that it is more likely than not that the alien would be able to establish eligibility for asylum under section 208-- ``(aa) taking into account such facts as are known to the officer; and ``(bb) only if the officer has determined, under subsection (b)(1)(B)(iii) of such section, that it is more likely than not that the statements made by the alien or on behalf of the alien are true. ``(II) Bars to asylum.--An alien shall not be determined to have a credible fear of persecution if the alien is prohibited from applying for or receiving asylum, including an alien subject to a limitation or condition under subsection (a)(2) or (b)(2) (including a regulation promulgated under such subsection) of section 208.''; and (2) by adding at the end the following: ``(vi) Eligibility for relief.-- ``(I) Credible fear review by immigration judge.--An alien determined to have a credible fear of persecution shall be referred to an immigration judge for review of such determination, which shall be limited to a determination whether the alien-- ``(aa) is eligible for asylum under section 208, withholding of removal under section 241(b)(3), or protection under the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, done at New York, December 10, 1984 (referred to in this clause as the `Convention Against Torture)'; and ``(bb) merits a grant of asylum in the exercise of discretion. ``(II) Aliens with reasonable fear of persecution.-- ``(aa) In general.--Except as provided in item (bb), if an alien referred under subparagraph (A)(ii) is determined to have a reasonable fear of persecution or torture, the alien shall be eligible only for consideration of an application for withholding of removal under section 241(b)(3) or protection under the Convention Against Torture. ``(bb) Exception.--An alien shall not be eligible for consideration of an application for relief under item (aa) if the failure of the alien to establish a credible fear of persecution precludes the alien from eligibility for such relief. ``(cc) Limitation.--An alien whose application for relief is adjudicated under item (aa) shall not be eligible for any other form of relief or protection from removal. ``(vii) Ineligibility for removal proceedings.--An alien referred under subparagraph (A)(ii) shall not be eligible for a hearing under section 240.''. (b) Applications for Asylum.--Section 208 of the Immigration and Nationality Act (8 U.S.C. 1158) is amended-- (1) in subsection (a)-- (A) by striking paragraph (1) and inserting the following: ``(1) In general.--Only an alien who has entered the United States through a designated port of entry may apply for asylum under this section or section 235(b), as applicable.''; and (B) in paragraph (2)-- (i) in subparagraph (A), by striking ``, pursuant to a bilateral or multilateral agreement,''; and (ii) in subparagraph (E), by striking ``Subparagraphs (A) and (B)'' and inserting ``Subparagraph (A)''; and (2) in subsection (b)(3), by striking subparagraph (C). (c) Authority for Certain Aliens To Apply for Asylum.--Section 208(a)(2) of the Immigration and Nationality Act (8 U.S.C. 1158(a)(2)) is amended by adding at the end the following: ``(F) Ineligibility for asylum.-- ``(i) In general.--Notwithstanding any other provision of law, including paragraph (1), except as provided in clause (ii), an alien is ineligible for asylum if the alien-- ``(I) has been convicted of a felony; ``(II) is inadmissible under section 212(a) (except paragraphs (4), (5), and (7)); ``(III) has been previously removed from the United States; or ``(IV) is a national or habitual resident of-- ``(aa) a country in Central America that has a refugee application and processing center; or ``(bb) a country contiguous to such a country (other than Mexico). ``(ii) Exception.--Notwithstanding clause (i), paragraph (1) shall not apply to any alien who is present in the United States on the date of the enactment of this subparagraph.''. SEC. 4. ESTABLISHMENT OF REFUGEE APPLICATION AND PROCESSING CENTERS. (a) Definition.--Section 101(a) of the Immigration and Nationality Act (8 U.S.C. 1101(a)) is amended by adding at the end the following: ``(53) The term `refugee application and processing center'-- ``(A) means a facility designated under section 207(g) by the Secretary of State to accept and process applications for refugee admissions to the United States; and ``(B) may include a United States embassy, consulate, or other diplomatic facility.''. (b) Designation.--Section 207 of the Immigration and Nationality Act (8 U.S.C. 1157) is amended by adding at the end the following: ``(g) Refugee Application and Processing Centers.-- ``(1) Designation.--Not later than 240 days after the date of the enactment of this subsection, the Secretary of State, in consultation with the Secretary of Homeland Security, shall designate refugee application and processing centers outside the United States. ``(2) Locations.--The Secretary of State shall establish-- ``(A) not fewer than 1 refugee application and processing center in Mexico; and ``(B) not fewer than 3 refugee application and processing centers in Central America at locations selected by the Secretary of State, in consultation with the Secretary of Homeland Security. ``(3) Duties of secretary of state.--The Secretary of State, in coordination with the Secretary of Homeland Security, shall ensure that any alien who is a national or habitual resident of a country in which a refugee application and processing center is located, or a country contiguous to such a country, may apply for refugee status at a refugee application and processing center. ``(4) Adjudication by refugee officers.--An application for refugee status submitted to a refugee application and processing center shall be adjudicated by a refugee officer. ``(5) Priority.--The Secretary of State shall ensure that refugee application and processing centers accord priority to applications submitted-- ``(A) by aliens who have been referred by an authorized nongovernmental organization, as determined by the Secretary of State; ``(B) not later than 90 days after the date on which such referral is made; and ``(C) in accordance with the requirements and procedures established by the Secretary of State under this subsection. ``(6) Application fees.-- ``(A) In general.--The Secretary of State and the Secretary of Homeland Security shall charge, collect, and account for fees prescribed by each such Secretary pursuant to subsections (m) and (n) of section 286 and section 9701 of title 31, United States Code, for the purpose of receiving, docketing, processing, and adjudicating an application under this subsection. ``(B) Basis for fees.--The fees prescribed under subparagraph (A) shall be based on a consideration of the amount necessary to deter frivolous applications and the cost for processing the application, including the implementation of program integrity and anti-fraud measures.''. (c) Sunset.--The amendments made by this section shall cease to be effective beginning on the date that is three years and 240 days after the date of the enactment of this Act. SEC. 5. REGULATIONS. Notwithstanding section 553(b) of title 5, United States Code, not later than 210 days after the date of the enactment of this Act, the Secretary of Homeland Security and the Attorney General shall, jointly or separately, publish in the Federal Register interim final rules to implement the amendments made by section 3(c) and section 4. SEC. 6. HIRING AUTHORITY. (a) Immigration Judges.--The Attorney General shall increase-- (1) the number of immigration judges by not fewer than an additional 500 judges, as compared to the number of immigration judges as of the date of the enactment of this Act; and (2) the corresponding number of support staff, as necessary. (b) Immigration and Customs Enforcement Attorneys.--The Director of U.S. Immigration and Customs Enforcement shall increase the number of attorneys and staff employed by U.S. Immigration and Customs Enforcement by the number that is consistent with the workload staffing model to support the increase in immigration judges. (c) Authorization of Appropriations.--There are authorized to be appropriated such sums as may be necessary for-- (1) the hiring of immigration judges, support staff, and U.S. Immigration and Customs Enforcement attorneys under this section; and (2) the lease, purchase, or construction of facilities or equipment (including video teleconferencing equipment and equipment for electronic filing of immigration cases), and the transfer of federally owned temporary housing units to serve as facilities, for-- (A) the increased number of immigration judges, attorneys, and support staff under this section; and (B) conducting immigration court proceedings in close proximity to the locations at which aliens are apprehended and detained. &lt;all&gt; </pre></body></html>
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118S426
Inflation-Adjusted Education Investment Act
[ [ "K000393", "Sen. Kennedy, John [R-LA]", "sponsor" ] ]
<p><strong>Inflation-Adjusted Education Investment Act</strong></p> <p>This bill modifies provisions relating to qualified tuition programs (i.e., tax-exempt 529 plans). Specifically, it increases from $10,000 to $12,000 the limitation under such programs on payments for educational expenses, including expenses for tuition in connection with enrollment or attendance at an elementary or secondary public, private, or religious school. The bill provides for an annual inflation adjustment to the increased limitation amount for taxable years beginning after 2023.</p>
<html><body><pre>[Congressional Bills 118th Congress] [From the U.S. Government Publishing Office] [S. 426 Introduced in Senate (IS)] &lt;DOC&gt; 118th CONGRESS 1st Session S. 426 To amend the Internal Revenue Code of 1986 to increase and provide an inflation adjustment for the limitation on distributions from qualified tuition programs that may be used for elementary and secondary tuition. _______________________________________________________________________ IN THE SENATE OF THE UNITED STATES February 15, 2023 Mr. Kennedy 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 increase and provide an inflation adjustment for the limitation on distributions from qualified tuition programs that may be used for elementary and secondary tuition. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Inflation-Adjusted Education Investment Act''. SEC. 2. INCREASE ON LIMITATION ON EXPENSES USED FOR ELEMENTARY AND SECONDARY TUITION. (a) In General.--The last sentence of section 529(e)(3)(A) of the Internal Revenue Code of 1986 is amended by striking ``$10,000'' and inserting ``$12,000''. (b) Inflation Adjustment.--Section 529(e)(3) of the Internal Revenue Code of 1986 is amended by adding at the end the following new subparagraph: ``(C) Inflation adjustment.-- ``(i) In general.--In the case of any taxable year beginning in a calendar year after 2023, the $12,000 amount in subparagraph (A) shall be increased by an amount equal to-- ``(I) such dollar amount, multiplied by ``(II) the cost-of-living adjustment determined under section 1(f)(3) for the calendar year in which the taxable year begins, determined by substituting `calendar year 2022' for `calendar year 2016' in subparagraph (A)(ii) thereof. ``(ii) Rounding.--Any increase determined under clause (i) shall be rounded to the nearest multiple of $500.''. (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2022. &lt;all&gt; </pre></body></html>
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118S427
Financial Freedom Act of 2023
[ [ "T000278", "Sen. Tuberville, Tommy [R-AL]", "sponsor" ], [ "L000571", "Sen. Lummis, Cynthia M. [R-WY]", "cosponsor" ], [ "B001310", "Sen. Braun, Mike [R-IN]", "cosponsor" ], [ "S001217", "Sen. Scott, Rick [R-FL]", "cosponsor" ], [ "B001319", "Sen. Britt, Katie Boyd [R-AL]", "cosponsor" ], [ "B001305", "Sen. Budd, Ted [R-NC]", "cosponsor" ], [ "C001098", "Sen. Cruz, Ted [R-TX]", "cosponsor" ], [ "P000603", "Sen. Paul, Rand [R-KY]", "cosponsor" ] ]
<html><body><pre>[Congressional Bills 118th Congress] [From the U.S. Government Publishing Office] [S. 427 Introduced in Senate (IS)] &lt;DOC&gt; 118th CONGRESS 1st Session S. 427 To prohibit the Secretary of Labor from constraining the range or type of investments that may be offered to participants and beneficiaries of individual retirement accounts who exercise control over the assets in such accounts. _______________________________________________________________________ IN THE SENATE OF THE UNITED STATES February 15, 2023 Mr. Tuberville (for himself, Ms. Lummis, Mr. Braun, Mr. Scott of Florida, and Mrs. Britt) introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions _______________________________________________________________________ A BILL To prohibit the Secretary of Labor from constraining the range or type of investments that may be offered to participants and beneficiaries of individual retirement accounts who exercise control over the assets in such 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 ``Financial Freedom Act of 2023''. SEC. 2. FIDUCIARY DUTIES WITH RESPECT TO PENSION PLAN INVESTMENTS. Section 404(a) of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1104(a)) is amended by adding at the end the following: ``(3)(A) In the case of a pension plan that provides for individual accounts and permits a participant or beneficiary to exercise control over the assets in the participant's or beneficiary's account, nothing in paragraph (1)-- ``(i) requires a fiduciary to select, or prohibits a fiduciary from selecting, any particular type of investment alternative, provided that a fiduciary provides the participant or beneficiary an opportunity to choose, from a broad range of investment alternatives, the manner in which some or all of the assets of the participant's or beneficiary's account are invested, according to regulations prescribed by the Secretary; or ``(ii) requires that any particular type of investment be either favored or disfavored, other than on the basis of the investment's risk-return characteristics, in the context of the plan fiduciary's objective of providing investment alternatives suitable for providing benefits for participants and beneficiaries. ``(B) In the event that a fiduciary selects a self-directed brokerage window as an investment alternative for a plan described in subparagraph (A)-- ``(i) the Secretary shall not issue any regulations or subregulatory guidance constraining or prohibiting the range or type of investments that may be offered through such brokerage window; ``(ii) subsection (c) shall apply to such self-directed brokerage window; and ``(iii) the diversification requirement of paragraph (1)(C) and the prudence requirement of paragraph (1)(B) are not violated by the fiduciary's selection of a self-directed brokerage window as an investment alternative or as a result of the exercise of a participant or beneficiary's control over the assets in such self-directed brokerage window.''. &lt;all&gt; </pre></body></html>
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118S428
FIND Act
[ [ "D000618", "Sen. Daines, Steve [R-MT]", "sponsor" ], [ "R000584", "Sen. Risch, James E. [R-ID]", "cosponsor" ], [ "H001079", "Sen. Hyde-Smith, Cindy [R-MS]", "cosponsor" ], [ "M001198", "Sen. Marshall, Roger [R-KS]", "cosponsor" ], [ "S001217", "Sen. Scott, Rick [R-FL]", "cosponsor" ], [ "C000880", "Sen. Crapo, Mike [R-ID]", "cosponsor" ], [ "C001075", "Sen. Cassidy, Bill [R-LA]", "cosponsor" ], [ "F000463", "Sen. Fischer, Deb [R-NE]", "cosponsor" ], [ "W000437", "Sen. Wicker, Roger F. [R-MS]", "cosponsor" ], [ "L000575", "Sen. Lankford, James [R-OK]", "cosponsor" ], [ "B001319", "Sen. Britt, Katie Boyd [R-AL]", "cosponsor" ], [ "S001227", "Sen. Schmitt, Eric [R-MO]", "cosponsor" ], [ "C001096", "Sen. Cramer, Kevin [R-ND]", "cosponsor" ], [ "T000476", "Sen. Tillis, Thomas [R-NC]", "cosponsor" ], [ "H001061", "Sen. Hoeven, John [R-ND]", "cosponsor" ], [ "B001243", "Sen. Blackburn, Marsha [R-TN]", "cosponsor" ], [ "B001305", "Sen. Budd, Ted [R-NC]", "cosponsor" ] ]
<p><strong>Firearm Industry Non-Discrimination Act or the FIND Act</strong></p> <p>This bill prohibits the federal government from entering into contracts with an entity that discriminates against firearm trade associations or businesses that deal in firearms, ammunition, or related products.</p> <p> Specifically, the bill requires a federal agency to include in each contract for the procurement of goods or services awarded by the agency a clause requiring the prime contractor to certify that it (1) has no policy, practice, guidance, or directive that discriminates against a firearm entity or firearm trade association; and (2) will not adopt a policy, practice, guidance, or directive that discriminates against a firearm entity or firearm trade association during the term of the contract.</p> <p>The bill establishes (1) a similar requirement with respect to subcontracts, and (2) penalties for violations.</p> <p>The bill makes such prohibition inapplicable to a contract for the procurement of goods or services that is a sole-source contract. </p>
<html><body><pre>[Congressional Bills 118th Congress] [From the U.S. Government Publishing Office] [S. 428 Introduced in Senate (IS)] &lt;DOC&gt; 118th CONGRESS 1st Session S. 428 To amend title 41, United States Code, to prohibit the Federal Government from entering into contracts with an entity that discriminates against firearm or ammunition industries, and for other purposes. _______________________________________________________________________ IN THE SENATE OF THE UNITED STATES February 15, 2023 Mr. Daines (for himself, Mr. Risch, Mrs. Hyde-Smith, Mr. Marshall, Mr. Scott of Florida, Mr. Crapo, Mr. Cassidy, Mrs. Fischer, Mr. Wicker, Mr. Lankford, Mrs. Britt, Mr. Schmitt, Mr. Cramer, Mr. Tillis, Mr. Hoeven, and Mrs. Blackburn) introduced the following bill; which was read twice and referred to the Committee on Homeland Security and Governmental Affairs _______________________________________________________________________ A BILL To amend title 41, United States Code, to prohibit the Federal Government from entering into contracts with an entity that discriminates against firearm or ammunition industries, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Firearm Industry Non-Discrimination Act'' or the ``FIND Act''. SEC. 2. PROHIBITION ON ENTERING INTO CONTRACTS WITH ENTITIES DISCRIMINATING AGAINST FIREARM OR AMMUNITION INDUSTRIES. (a) Prohibition.--Chapter 47 of title 41, United States Code, is amended by adding at the end the following: ``Sec. 4715. Prohibition on entering into contracts with entities discriminating against firearm or ammunition industries. ``(a) Prohibition.-- ``(1) In general.--The head of an executive agency shall include in each contract for the procurement of goods or services awarded by the executive agency, a clause requiring the prime contractor to certify that the contractor-- ``(A) has no policy, practice, guidance, or directive that discriminates against a firearm entity or firearm trade association; and ``(B) will not adopt a policy, practice, guidance, or directive that discriminates against a firearm entity or firearm trade association during the term of the contract. ``(2) Subcontracts.--The head of an executive agency shall include in each contract for the procurement of goods or services awarded by the executive agency, a clause that prohibits the prime contractor on such contract from-- ``(A) awarding a first-tier subcontract with a value greater than 10 percent of the total value of the prime contract to an entity that fails to certify in writing to the prime contractor that the entity-- ``(i) has no policy, practice, guidance, or directive that discriminates against a firearm entity or firearm trade association; and ``(ii) will not adopt a policy, practice, guidance, or directive that discriminates against a firearm entity or firearm trade association during the term of the contract; and ``(B) structuring subcontract tiers in a manner designed to avoid violating subparagraph (A) by enabling a subcontractor to perform more than 10 percent of the total value of the prime contract as a lower-tier subcontractor. ``(3) Penalties.--The clause included in contracts pursuant to paragraph (1) or paragraph (2) shall provide that, in the event that the prime contractor violates the clause-- ``(A) the prime contract shall be terminated for default; and ``(B) a suspension or debarment proceeding will be initiated for the contractor on the basis of the violation. ``(b) Exception.--Subsection (a) shall not apply to a contract for the procurement of goods or services that is a sole-source contract. ``(c) Definitions.--In this section: ``(1) Discriminate.--The term `discriminate' means to-- ``(A) make a judgement about a policy, practice, guidance, or directive on the basis of-- ``(i) partial criteria or a category-based assessment analysis, rather than-- ``(I) on a case-by-case basis; or ``(II) using empirical data evaluated under quantifiable standards; or ``(ii) criteria other than criteria free from-- ``(I) favoritism or prejudice against or dislike for the firearm entity or trade association or the products or services sold by the firearm entity or trade association; or ``(II) favoritism for market alternatives to the business of the firearm entity or the trade association; ``(B) refuse to provide services, or deny, cancel, or limit services, to the firearm entity or trade association on the basis of criteria other than-- ``(i) criteria free from-- ``(I) favoritism or prejudice against or dislike for the firearm entity or trade association or the products or services sold by the firearm entity or trade association; or ``(II) favoritism for market alternatives to the business of the firearm entity or the trade association; ``(ii) criteria related to credit history and financial risk specific to a customer or potential customer; or ``(iii) criteria related to noncompliance with Federal, State, or local law; or ``(C) limit the operations of the firearm entity or trade association in manner not required by-- ``(i) Federal, State, or local law; or ``(ii) Federal, State, or local regulation. ``(2) Firearm entity.--The term `firearm entity' means any-- ``(A) person who is licensed under section 923 of title 18 to import, manufacture, or deal in firearms; ``(B) seller of ammunition, as defined in section 7903 of title 15; ``(C) manufacturer or importer of, or dealer in, a secure gun storage or safety device, as defined in section 921(a) of title 18; and ``(D) manufacturer or importer of, or dealer in, a component part or accessory of a firearm or ammunition. ``(3) Firearm trade association.--The term `firearm trade association' has the meaning in section 7903 of title 15. ``(4) First-tier subcontract.--The term `first-tier subcontract' means a subcontract entered into by a subcontractor with the prime contractor for the purposes of carrying out the prime contract. ``(5) Lower-tier subcontractor.--The term `lower-tier subcontractor' means any person entering into a contract with a subcontractor of a prime contractor for the purposes of carrying out the prime contract. ``(6) Prime contract; prime contractor.--The terms `prime contract' and `prime contractor' have the meaning given those terms in section 8701 of title 41.''. (b) Application.--Section 4715 of title 41, United States Code, as added by subsection (a), shall apply with respect to contracts awarded on or after the date of the enactment of this Act. (c) Clerical Amendment.--The table of sections for chapter 47 of title 41, United States Code, is amended by adding at the end the following: ``4715. Prohibition on entering into contracts with entities discriminating against firearm or ammunition industries.''. &lt;all&gt; </pre></body></html>
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118S429
Abandoned Well Remediation Research and Development Act
[ [ "L000570", "Sen. Lujan, Ben Ray [D-NM]", "sponsor" ], [ "C001096", "Sen. Cramer, Kevin [R-ND]", "cosponsor" ], [ "H001046", "Sen. Heinrich, Martin [D-NM]", "cosponsor" ], [ "M001190", "Sen. Mullin, Markwayne [R-OK]", "cosponsor" ], [ "F000062", "Sen. Feinstein, Dianne [D-CA]", "cosponsor" ] ]
<p><b>Abandoned Well Remediation Research and Development Act</b></p> <p>This bill requires the Department of Energy (DOE) to establish a research, development, and demonstration program concerning abandoned oil and gas wells. Under the program, DOE must work to improve (1) data collection on the location of abandoned oil or gas wells; (2) the plugging, remediation, reclamation, and repurposing of the wells; and (3) strategies to mitigate potential environmental impacts of documented and undocumented abandoned wells.</p>
<html><body><pre>[Congressional Bills 118th Congress] [From the U.S. Government Publishing Office] [S. 429 Introduced in Senate (IS)] &lt;DOC&gt; 118th CONGRESS 1st Session S. 429 To amend the Infrastructure Investment and Jobs Act to require the Secretary of Energy to establish an abandoned wells research, development, and demonstration program, and for other purposes. _______________________________________________________________________ IN THE SENATE OF THE UNITED STATES February 15, 2023 Mr. Lujan (for himself, Mr. Cramer, Mr. Heinrich, and Mr. Mullin) introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources _______________________________________________________________________ A BILL To amend the Infrastructure Investment and Jobs Act to require the Secretary of Energy to establish an abandoned wells research, development, and demonstration 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 ``Abandoned Well Remediation Research and Development Act''. SEC. 2. ABANDONED WELL REMEDIATION RESEARCH AND DEVELOPMENT. (a) In General.--Title VI of division D of the Infrastructure Investment and Jobs Act (Public Law 117-58; 135 Stat. 1080) is amended by adding at the end the following: ``SEC. 40602. ABANDONED WELLS RESEARCH, DEVELOPMENT, AND DEMONSTRATION PROGRAM. ``(a) Definition of Abandoned Well.--In this section, the term `abandoned well' means a well originally drilled in connection with oil and gas operations that-- ``(1) is not being used; ``(2) has not been plugged; and ``(3) has no anticipated use in oil and gas operations. ``(b) Establishment.--Not later than 120 days after the date of enactment of the Abandoned Well Remediation Research and Development Act, the Secretary, in coordination with relevant Federal and State agencies and entities, shall establish a research, development, and demonstration program to improve-- ``(1) data collection on the location of abandoned wells; ``(2) the plugging, remediation, reclamation, and repurposing of abandoned wells; and ``(3) strategies to mitigate potential environmental impacts of documented and undocumented abandoned wells. ``(c) Activities.--Research, development, and demonstration activities carried out under the program established under subsection (b) shall include activities to improve-- ``(1) remote sensor capabilities, light detection and ranging (referred to in this section as `LiDAR') capabilities, optical gas imaging, magnetic survey technology, and any other technologies relevant to the efficient identification of abandoned wells; ``(2) understanding of how certain parameters of abandoned wells affect methane emission rates of the wells, including parameters such as well age, well depth, geology, construction, case material, and geographic region; ``(3) the efficiency and cost-efficacy of processes for plugging, remediating, reclaiming, and repurposing abandoned wells, including-- ``(A) improvement of processes and technologies for the unique challenges associated with plugging remote abandoned wells; ``(B) use of low carbon, lightweight cement or use of alternative materials and additives for plugging purposes; and ``(C) repurposing of abandoned wells for alternative uses, including geothermal power production or carbon capture, utilization, and storage; and ``(4) understanding of the impacts of abandoned wells on groundwater quality and contamination. ``(d) Coordination.--In carrying out the program established under subsection (b), the Secretary shall ensure coordination of activities carried out under the program with-- ``(1) institutions of higher education; ``(2) the National Laboratories; and ``(3) the private sector. ``(e) Authorization of Appropriations.--There are authorized to be appropriated to carry out this section-- ``(1) $30,000,000 for fiscal year 2023; ``(2) $31,250,000 for fiscal year 2024; ``(3) $32,500,000 for fiscal year 2025; ``(4) $33,750,000 for fiscal year 2026; and ``(5) $35,000,000 for fiscal year 2027.''. (b) Clerical Amendment.--The table of contents for the Infrastructure Investment and Jobs Act (Public Law 117-58; 135 Stat. 437) is amended by inserting after the item relating to section 40601 the following: ``Sec. 40602. Abandoned wells research, development, and demonstration program.''. &lt;all&gt; </pre></body></html>
[ "Environmental Protection" ]
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118S43
A bill to repeal the provision of law that provides automatic pay adjustments for Members of Congress.
[ [ "S001217", "Sen. Scott, Rick [R-FL]", "sponsor" ], [ "B001310", "Sen. Braun, Mike [R-IN]", "cosponsor" ], [ "H001089", "Sen. Hawley, Josh [R-MO]", "cosponsor" ] ]
<p>This bill eliminates automatic pay adjustments for Members of Congress, beginning with the 119th Congress.</p>
<html><body><pre>[Congressional Bills 118th Congress] [From the U.S. Government Publishing Office] [S. 43 Introduced in Senate (IS)] &lt;DOC&gt; 118th CONGRESS 1st Session S. 43 To repeal the provision of law that provides automatic pay adjustments for Members of Congress. _______________________________________________________________________ IN THE SENATE OF THE UNITED STATES January 24 (legislative day, January 3), 2023 Mr. Scott of Florida (for himself, Mr. Braun, and Mr. Hawley) introduced the following bill; which was read twice and referred to the Committee on Homeland Security and Governmental Affairs _______________________________________________________________________ A BILL To repeal the provision of law that provides automatic pay adjustments for Members of Congress. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. ELIMINATION OF AUTOMATIC PAY ADJUSTMENTS FOR MEMBERS OF CONGRESS. (a) In General.--Paragraph (2) of section 601(a) of the Legislative Reorganization Act of 1946 (2 U.S.C. 4501) is repealed. (b) Technical and Conforming Amendments.--Section 601(a) of such Act (2 U.S.C. 4501) is amended-- (1) by striking ``(a)(1)'' and inserting ``(a)''; (2) by redesignating subparagraphs (A), (B), and (C) as paragraphs (1), (2), and (3), respectively; and (3) by striking ``as adjusted by paragraph (2) of this subsection'' and inserting ``adjusted as provided by law''. (c) Effective Date.--This section and the amendments made by this section shall take effect on the date on which the 119th Congress convenes. &lt;all&gt; </pre></body></html>
[ "Congress", "Government employee pay, benefits, personnel management", "Inflation and prices", "Members of Congress" ]
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118S430
A bill to provide authority to enter into a cooperative agreement to protect civilians in Iraq and the Arabian Peninsula from weaponized unmanned aerial systems.
[ [ "R000584", "Sen. Risch, James E. [R-ID]", "sponsor" ], [ "M000639", "Sen. Menendez, Robert [D-NJ]", "cosponsor" ] ]
<html><body><pre>[Congressional Bills 118th Congress] [From the U.S. Government Publishing Office] [S. 430 Introduced in Senate (IS)] &lt;DOC&gt; 118th CONGRESS 1st Session S. 430 To provide authority to enter into a cooperative agreement to protect civilians in Iraq and on the Arabian Peninsula from weaponized unmanned aerial systems. _______________________________________________________________________ IN THE SENATE OF THE UNITED STATES February 15, 2023 Mr. Risch (for himself and Mr. Menendez) introduced the following bill; which was read twice and referred to the Committee on Foreign Relations _______________________________________________________________________ A BILL To provide authority to enter into a cooperative agreement to protect civilians in Iraq and on the Arabian Peninsula from weaponized unmanned aerial systems. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SENSE OF CONGRESS. It is the sense of Congress that-- (1) the United States should improve cooperation with allies, including Israel, and like-minded partners to systematically map out, expose, and disrupt missile and drone procurement networks used by the Iran-backed Houthi rebels in Yemen and other Iranian proxies targeting United States forces and assets and United States allies and partners in the region; (2) the partner countries of the United States, including Iraq and countries on the Arabian Peninsula, face urgent and emerging threats from unmanned aerial systems and other unmanned aerial vehicles; (3) joint research and development to counter unmanned aerial systems will serve the national security interests of the United States and its partners in Iraq and on the Arabian Peninsula; (4) development of counter Unmanned Aircraft Systems technology will reduce the impacts of these attacks, build deterrence, and increase regional stability; and (5) the United States and partners in Iraq and on the Arabian Peninsula should continue to work together to protect against the threat from unmanned aerial systems. SEC. 2. DEFINED TERM. In this Act, the term ``Arabian Peninsula'' means Bahrain, Kuwait, Oman, Qatar, Saudi Arabia, the United Arab Emirates, and Yemen. SEC. 3. AUTHORITY TO ENTER INTO A COOPERATIVE AGREEMENT TO PROTECT CIVILIANS IN IRAQ AND ON THE ARABIAN PENINSULA FROM WEAPONIZED UNMANNED AERIAL SYSTEMS. (a) In General.--The President is authorized to enter into a cooperative project agreement with Iraq and countries on the Arabian Peninsula under the authority of section 27 of the Arms Export Control Act (22 U.S.C. 2767) to carry out research on and development, testing, evaluation, and joint production (including follow-on support) of defense articles and defense services to detect, track, and destroy armed unmanned aerial systems that threaten the United States and its partners in Iraq and on the Arabian Peninsula. (b) Applicable Requirements.-- (1) In general.--The cooperative project agreement described in subsection (a)-- (A) shall provide that any activities carried out pursuant to such agreement are subject to-- (i) the applicable requirements described in subparagraphs (A), (B), and (C) of section 27(b)(2) of the Arms Export Control Act (22 U.S.C. 2767(b)(2)); and (ii) any other applicable requirements of the Arms Export Control Act (22 U.S.C. 2751 et seq.) with respect to the use, transfer, and security of such defense articles and defense services under such Act; and (B) shall establish a framework to negotiate the rights to intellectual property developed under such agreement. (2) Congressional notification requirements.-- Notwithstanding section 27(g) of the Arms Export Control Act (22 U.S.C. 2767(g)), any defense articles that result from a cooperative project agreement shall be subject to the requirements under subsections (b) and (c) of section 36 of such Act (22 U.S.C. 2776). SEC. 4. RULE OF CONSTRUCTION WITH RESPECT TO USE OF MILITARY FORCE. Nothing in this Act may be construed as an authorization for the use of military force. &lt;all&gt; </pre></body></html>
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118S431
UNRWA Accountability and Transparency Act
[ [ "R000584", "Sen. Risch, James E. [R-ID]", "sponsor" ], [ "R000595", "Sen. Rubio, Marco [R-FL]", "cosponsor" ], [ "C001075", "Sen. Cassidy, Bill [R-LA]", "cosponsor" ], [ "S001217", "Sen. Scott, Rick [R-FL]", "cosponsor" ], [ "B001243", "Sen. Blackburn, Marsha [R-TN]", "cosponsor" ], [ "H001079", "Sen. Hyde-Smith, Cindy [R-MS]", "cosponsor" ], [ "C000880", "Sen. Crapo, Mike [R-ID]", "cosponsor" ], [ "S001184", "Sen. Scott, Tim [R-SC]", "cosponsor" ], [ "T000250", "Sen. Thune, John [R-SD]", "cosponsor" ], [ "L000577", "Sen. Lee, Mike [R-UT]", "cosponsor" ], [ "H000601", "Sen. Hagerty, Bill [R-TN]", "cosponsor" ], [ "E000295", "Sen. Ernst, Joni [R-IA]", "cosponsor" ], [ "B001305", "Sen. Budd, Ted [R-NC]", "cosponsor" ], [ "C001056", "Sen. Cornyn, John [R-TX]", "cosponsor" ], [ "W000437", "Sen. Wicker, Roger F. [R-MS]", "cosponsor" ], [ "V000137", "Sen. Vance, J. D. [R-OH]", "cosponsor" ], [ "C001035", "Sen. Collins, Susan M. [R-ME]", "cosponsor" ], [ "D000618", "Sen. Daines, Steve [R-MT]", "cosponsor" ] ]
<p><strong>UNRWA Accountability and Transparency Act</strong></p> <p>This bill makes changes to U.S. foreign policy in matters concerning the United Nations Relief and Works Agency for Palestine Refugees in the Near East (UNRWA).</p> <p>For purposes of this policy, the bill defines <em>Palestinian refugee</em> as a person who (1) resided from June 1946 to May 1948 in Mandatory Palestine (a region controlled by Britain until 1948), (2) was personally displaced as a result of the 1948 Arab-Israeli conflict, and (3) has not accepted citizenship or other permanent adjustment in status in another country. Furthermore, under U.S. policy, derivative refugee status may only extend to the spouse or minor child of such a Palestinian refugee.</p> <p>The bill withholds U.S. funding for the UNRWA unless the Department of State makes certifications concerning the UNRWA's staff, partners, and funding. Specifically, the State Department must certify that neither UNRWA staff and partners nor its funding and facilities are affiliated with terrorism or disseminating certain rhetoric, such as calling for the destruction of Israel or describing Israelis as <em>occupiers </em>or <em>settlers</em>. Additionally, the State Department must certify that the UNRWA is (1) subject to comprehensive independent financial audits, and (2) not affiliated with any financial institutions complicit in money laundering or terror financing.</p> <p>The State Department must also implement a plan to encourage other countries to align their UNRWA-related activities with U.S. policy objectives, including the phaseout of the UNRWA by resettling Palestinian refugees outside of Israel. </p>
<html><body><pre>[Congressional Bills 118th Congress] [From the U.S. Government Publishing Office] [S. 431 Introduced in Senate (IS)] &lt;DOC&gt; 118th CONGRESS 1st Session S. 431 To withhold United States contributions to the United Nations Relief and Works Agency for Palestine Refugees in the Near East (UNRWA), and for other purposes. _______________________________________________________________________ IN THE SENATE OF THE UNITED STATES February 15, 2023 Mr. Risch (for himself, Mr. Rubio, Mr. Cassidy, Mr. Scott of Florida, Mrs. Blackburn, Mrs. Hyde-Smith, Mr. Crapo, Mr. Scott of South Carolina, Mr. Thune, Mr. Lee, Mr. Hagerty, Ms. Ernst, Mr. Budd, and Mr. Cornyn) introduced the following bill; which was read twice and referred to the Committee on Foreign Relations _______________________________________________________________________ A BILL To withhold United States contributions to the United Nations Relief and Works Agency for Palestine Refugees in the Near East (UNRWA), and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``UNRWA Accountability and Transparency Act''. SEC. 2. STATEMENT OF POLICY. (a) Palestinian Refugee Defined.--It shall be the policy of the United States, in matters concerning the United Nations Relief and Works Agency for Palestine Refugees in the Near East (referred to in this Act as ``UNRWA''), which operates in Syria, Lebanon, Jordan, the Gaza Strip, and the West Bank, to define a Palestinian refugee as a person who-- (1) resided, between June 1946 and May 1948, in the region controlled by Britain between 1922 and 1948 that was known as Mandatory Palestine; (2) was personally displaced as a result of the 1948 Arab- Israeli conflict; and (3) has not accepted an offer of legal residency status, citizenship, or other permanent adjustment in status in another country or territory. (b) Limitations on Refugee and Derivative Refugee Status.--In applying the definition under subsection (a) with respect to refugees receiving assistance from UNRWA, it shall be the policy of the United States, consistent with the definition of refugee in section 101(a)(42) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(42)) and the requirements for eligibility for refugee status under section 207 of such Act (8 U.S.C. 1157), that-- (1) derivative refugee status may only be extended to the spouse or a minor child of a Palestinian refugee; and (2) an alien who is firmly resettled in any country is not eligible to retain refugee status. SEC. 3. UNITED STATES CONTRIBUTIONS TO UNRWA. Section 301(c) of the Foreign Assistance Act of 1961 (22 U.S.C. 2221) is amended to read as follows: ``(c) Withholding.-- ``(1) Definitions.--In this subsection: ``(A) Anti-semitic.--The term `anti-Semitic'-- ``(i) has the meaning adopted on May 26, 2016, by the International Holocaust Remembrance Alliance as the non-legally binding working definition of antisemitism; and ``(ii) includes the contemporary examples of antisemitism in public life, the media, schools, the workplace, and in the religious sphere identified on such date by the International Holocaust Remembrance Alliance. ``(B) Appropriate congressional committees.--The term `appropriate congressional committees' means-- ``(i) the Committee on Foreign Relations of the Senate; ``(ii) the Committee on Appropriations of the Senate; ``(iii) the Committee on Foreign Affairs of the House of Representatives; and ``(iv) the Committee on Appropriations of the House of Representatives. ``(C) Boycott of, divestment from, and sanctions against israel.--The term `boycott of, divestment from, and sanctions against Israel' has the meaning given to such term in section 909(f)(1) of the Trade Facilitation and Trade Enforcement Act of 2015 (19 U.S.C. 4452(f)(1)). ``(D) Foreign terrorist organization.--The term `foreign terrorist organization' means an organization designated as a foreign terrorist organization by the Secretary of State in accordance with section 219(a) of the Immigration and Nationality Act (8 U.S.C. 1189(a)). ``(E) UNRWA.--The term `UNRWA' means the United Nations Relief and Works Agency for Palestine Refugees in the Near East. ``(2) Certification.--Notwithstanding any other provision of law, the United States may not provide contributions to UNRWA, to any successor or related entity, or to the regular budget of the United Nations for the support of UNRWA or a successor entity (through staff positions provided by the United Nations Secretariat or otherwise) unless the Secretary of State submits a written certification to the appropriate congressional committees that-- ``(A) no official, employee, consultant, contractor, subcontractor, representative, affiliate of UNRWA, an UNRWA partner organization, or an UNRWA contracting entity pursuant to completion of a thorough vetting and background check process-- ``(i) is a member of, is affiliated with, or has any ties to a foreign terrorist organization, including Hamas and Hezbollah; ``(ii) has advocated, planned, sponsored, or engaged in any terrorist activity; ``(iii) has propagated or disseminated anti-American, anti-Israel, or anti-Semitic rhetoric, incitement, or propaganda, including-- ``(I) calling for or encouraging the destruction of Israel; ``(II) failing to recognize Israel's right to exist; ``(III) showing maps without Israel; ``(IV) describing Israelis as `occupiers' or `settlers'; ``(V) advocating, endorsing, or expressing support for violence, hatred, jihad, martyrdom, or terrorism, glorifying, honoring, or otherwise memorializing any person or group that has advocated, sponsored, or committed acts of terrorism, or providing material support to terrorists or their families; ``(VI) expressing support for boycott of, divestment from, and sanctions against Israel (commonly referred to as `BDS'); ``(VII) claiming or advocating for a `right of return' of refugees into Israel; ``(VIII) ignoring, denying, or not recognizing the historic connection of the Jewish people to the land of Israel; and ``(IX) calling for violence against Americans; or ``(iv) has used any UNRWA resources, including publications, websites, or social media platforms, to propagate or disseminate anti-American, anti-Israel, or anti-Semitic rhetoric, incitement, or propaganda, including with respect to any of the matters described in subclauses (I) through (IX) of clause (iii); ``(B) no UNRWA school, hospital, clinic, facility, or other infrastructure or resource is being used by a foreign terrorist organization or any member thereof-- ``(i) for terrorist activities, such as operations, planning, training, recruitment, fundraising, indoctrination, communications, sanctuary, storage of weapons or other materials; or ``(ii) as an access point to any underground tunnel network, or any other terrorist-related purposes; ``(C) UNRWA is subject to comprehensive financial audits by an internationally recognized third party independent auditing firm that-- ``(i) is agreed upon by the Government of Israel and the Palestinian Authority; and ``(ii) has implemented an effective system of vetting and oversight to prevent the use, receipt, or diversion of any UNRWA resources by any foreign terrorist organization or members thereof; ``(D) no UNRWA controlled or funded facility, such as a school, an educational institution, or a summer camp, uses textbooks or other educational materials that propagate or disseminate anti-American, anti- Israel, or anti-Semitic rhetoric, incitement, or propaganda, including with respect to any of the matters described in subclauses (I) through (IX) of subparagraph (A)(iii); ``(E) no recipient of UNRWA funds or loans is-- ``(i) a member of, is affiliated with, or has any ties to a foreign terrorist organization; or ``(ii) otherwise engaged in terrorist activities; and ``(F) UNRWA holds no accounts or other affiliations with financial institutions that the United States considers or believes to be complicit in money laundering and terror financing. ``(3) Period of effectiveness.-- ``(A) In general.--A certification described in paragraph (2) shall be effective until the earlier of-- ``(i) the date on which the Secretary receives information rendering the certification described in paragraph (2) factually inaccurate; or ``(ii) the date that is 180 days after the date on which it is submitted to the appropriate congressional committees. ``(B) Notification of renunciation.--If a certification becomes ineffective pursuant to subparagraph (A), the Secretary shall promptly notify the appropriate congressional committees of the reasons for renouncing or failing to renew such certification. ``(4) Limitation.--During any year in which a certification described in paragraph (1) is in effect, the United States may not contribute to UNRWA, or to any successor entity, an amount that-- ``(A) is greater than the highest contribution to UNRWA made by a member country of the League of Arab States for such year; and ``(B) is greater (as a proportion of the total UNRWA budget) than the proportion of the total budget for the United Nations High Commissioner for Refugees paid by the United States.''. SEC. 4. REPORT. (a) Appropriate Congressional Committees Defined.--In this section, the term ``appropriate congressional committees'' means-- (1) the Committee on Foreign Relations of the Senate; (2) the Committee on Appropriations of the Senate; (3) the Committee on Foreign Affairs of the House of Representatives; and (4) the Committee on Appropriations of the House of Representatives. (b) In General.--Not later than 180 days after the date of the enactment of this Act, and annually thereafter, the Secretary of State shall submit a report to the appropriate congressional committees describing the actions being taken to implement a comprehensive plan for-- (1) encouraging other countries to adopt the policy regarding Palestinian refugees that is described in section 2; (2) urging other countries to withhold their contributions to UNRWA, to any successor or related entity, or to the regular budget of the United Nations for the support of UNRWA or a successor entity (through staff positions provided by the United Nations Secretariat or otherwise) until UNRWA has met the conditions listed in subparagraphs (A) through (F) of section 301(c)(2) of the Foreign Assistance Act of 1961, as added by section 3; (3) working with other countries to phase out UNRWA and assist Palestinians receiving UNRWA services by-- (A) integrating such Palestinians into their local communities in the countries in which they are residing; or (B) resettling such Palestinians in countries other than Israel or territories controlled by Israel in the West Bank in accordance with international humanitarian principles; and (4) ensuring that the actions described in paragraph (3)-- (A) are being implemented in complete coordination with, and with the support of, Israel; and (B) do not endanger the security of Israel in any way. &lt;all&gt; </pre></body></html>
[ "International Affairs" ]
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118S432
Nulhegan River and Paul Stream Wild and Scenic River Study Act of 2023
[ [ "W000800", "Sen. Welch, Peter [D-VT]", "sponsor" ], [ "S000033", "Sen. Sanders, Bernard [I-VT]", "cosponsor" ] ]
<p><strong>Nulhegan River and Paul Stream Wild and Scenic River Study Act of 2023</strong></p> <p>This bill designates for study specified segments of the Nulhegan River and Paul Stream in Vermont for potential addition to the Wild and Scenic Rivers System. </p>
<html><body><pre>[Congressional Bills 118th Congress] [From the U.S. Government Publishing Office] [S. 432 Introduced in Senate (IS)] &lt;DOC&gt; 118th CONGRESS 1st Session S. 432 To amend the Wild and Scenic Rivers Act to designate the Nulhegan River and Paul Stream in the State of Vermont for potential addition to the national wild and scenic rivers system, and for other purposes. _______________________________________________________________________ IN THE SENATE OF THE UNITED STATES February 15, 2023 Mr. Welch (for himself and Mr. Sanders) introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources _______________________________________________________________________ A BILL To amend the Wild and Scenic Rivers Act to designate the Nulhegan River and Paul Stream in the State of Vermont for potential addition to the national wild and scenic rivers system, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Nulhegan River and Paul Stream Wild and Scenic River Study Act of 2023''. SEC. 2. AMENDMENTS TO THE WILD AND SCENIC RIVERS ACT. (a) Designation for Study.--Section 5(a) of the Wild and Scenic Rivers Act (16 U.S.C. 1276(a)) is amended by adding at the end the following: ``(147) Nulhegan river and paul stream, vermont.--The following segments: ``(A) The approximately 22-mile segment of the main stem of the Nulhegan River from the headwaters near Nulhegan Pond to the confluence with the Connecticut River, and any associated tributaries (including the North, Yellow, Black, and East Branches). ``(B) The approximately 18-mile segment of Paul Stream from the headwaters on West Mountain to the confluence with the Connecticut River, and any associated tributaries.''. (b) Study and Report.--Section 5(b) of the Wild and Scenic Rivers Act (16 U.S.C. 1276(b)) is amended by adding at the end the following: ``(24) Nulhegan river and paul stream, vermont.--Not later than 3 years after the date on which funds are made available to carry out this paragraph, the Secretary of the Interior shall-- ``(A) complete the study of the Nulhegan River and Paul Stream segments in Vermont described in subsection (a)(147); and ``(B) submit to the appropriate committees of Congress a report describing the results of such study.''. &lt;all&gt; </pre></body></html>
[ "Public Lands and Natural Resources" ]
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118S433
A bill to require the Secretary of Agriculture to convene a blue ribbon panel to review the forest inventory and analysis program of the Forest Service, and for other purposes.
[ [ "K000383", "Sen. King, Angus S., Jr. [I-ME]", "sponsor" ], [ "W000437", "Sen. Wicker, Roger F. [R-MS]", "cosponsor" ] ]
<p>This bill directs the Department of Agriculture (USDA) to convene a blue ribbon panel to review the forest inventory and analysis program (a program that accounts for public and private forests and their resources in the United States). </p> <p>The panel shall conduct a review of the past progress, current priorities, and future needs of such program with respect to national monitoring of forest carbon, climate change, forest health, and sustainable wood products.</p> <p>The review shall include consideration of </p> <ul> <li>the modernization of the program broadly and specifically relating to the integration of advanced remote sensing technologies and methods such as small area estimation; and </li> <li> the possibility of more public-private-academic partnerships under the program to help meet the goals of the program and external needs, particularly relating to research priorities, operational implementation of current or ongoing science, and decision support.</li> </ul> <p>The panel shall report to USDA, the Department of the Interior, and Congress describing the review by March 31, 2024.</p>
<html><body><pre>[Congressional Bills 118th Congress] [From the U.S. Government Publishing Office] [S. 433 Introduced in Senate (IS)] &lt;DOC&gt; 118th CONGRESS 1st Session S. 433 To require the Secretary of Agriculture to convene a blue ribbon panel to review the forest inventory and analysis program of the Forest Service, and for other purposes. _______________________________________________________________________ IN THE SENATE OF THE UNITED STATES February 15, 2023 Mr. King (for himself and Mr. Wicker) introduced the following bill; which was read twice and referred to the Committee on Agriculture, Nutrition, and Forestry _______________________________________________________________________ A BILL To require the Secretary of Agriculture to convene a blue ribbon panel to review the forest inventory and analysis program of the Forest Service, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. FOREST INVENTORY AND ANALYSIS PROGRAM BLUE RIBBON PANEL. Section 3 of the Forest and Rangeland Renewable Resources Research Act of 1978 (16 U.S.C. 1642) is amended by adding at the end the following: ``(f) Forest Inventory and Analysis Program Blue Ribbon Panel.-- ``(1) In general.--Not later than 90 days after the date of enactment of this subsection, the Secretary, in consultation with the National Association of State Foresters, shall convene a blue ribbon panel (referred to in this subsection as the `Panel') to review the forest inventory and analysis program established under this section (referred to in this subsection as the `program'). ``(2) Composition.-- ``(A) Number.--The Panel shall be composed of not fewer than 10, and not more than 20, members. ``(B) Members.--Members of the Panel shall-- ``(i) include recognized national leaders from across State and Federal agencies, universities, industry, and nongovernmental organizations; and ``(ii) have knowledge of and expertise in forest biometrics, inventory, and remote sensing technology. ``(3) Duties.-- ``(A) Review.--The Panel shall conduct a review of the past progress, current priorities, and future needs of the program with respect to national monitoring of forest carbon, climate change, forest health, and sustainable wood products. ``(B) Considerations.--The review under subparagraph (A) shall include consideration of-- ``(i) the modernization of the program-- ``(I) broadly; and ``(II) specifically relating to the integration of advanced remote sensing technologies and methods such as small area estimation; and ``(ii) the possibility of more public- private-academic partnerships under the program to help meet the goals of the program and external needs, particularly relating to research priorities, operational implementation of current or ongoing science, and decision support. ``(C) Report.--Not later than March 31, 2024, the Panel shall submit to the Secretary, the Secretary of the Interior, and Congress a report describing the review conducted under subparagraph (A). ``(4) Administrative matters.-- ``(A) Chairperson and vice chairperson.--The Panel shall select a Chairperson and Vice Chairperson from among the nongovernmental members of the Panel. ``(B) Committees.--The Panel may establish 1 or more committees within the Panel as the Panel determines to be appropriate. ``(C) Compensation.--A member of the Panel shall serve without compensation. ``(D) Administrative support.--The Secretary shall provide such administrative support as is necessary for the Panel to carry out its duties. ``(E) Federal advisory committee act.--The Panel shall be exempt from chapter 10 of title 5, United States Code (commonly referred to as the `Federal Advisory Committee Act').''. &lt;all&gt; </pre></body></html>
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118S434
PAID OFF Act of 2023
[ [ "C001056", "Sen. Cornyn, John [R-TX]", "sponsor" ], [ "W000802", "Sen. Whitehouse, Sheldon [D-RI]", "cosponsor" ], [ "G000386", "Sen. Grassley, Chuck [R-IA]", "cosponsor" ], [ "R000595", "Sen. Rubio, Marco [R-FL]", "cosponsor" ], [ "H000601", "Sen. Hagerty, Bill [R-TN]", "cosponsor" ], [ "R000584", "Sen. Risch, James E. [R-ID]", "cosponsor" ], [ "F000463", "Sen. Fischer, Deb [R-NE]", "cosponsor" ] ]
<html><body><pre>[Congressional Bills 118th Congress] [From the U.S. Government Publishing Office] [S. 434 Introduced in Senate (IS)] &lt;DOC&gt; 118th CONGRESS 1st Session S. 434 To amend the Foreign Agents Registration Act of 1938, as amended, to modify requirements under that Act relating to exemptions, and for other purposes. _______________________________________________________________________ IN THE SENATE OF THE UNITED STATES February 15, 2023 Mr. Cornyn (for himself, Mr. Whitehouse, Mr. Grassley, Mr. Rubio, Mr. Hagerty, Mr. Risch, and Mrs. Fischer) introduced the following bill; which was read twice and referred to the Committee on Foreign Relations _______________________________________________________________________ A BILL To amend the Foreign Agents Registration Act of 1938, as amended, to modify requirements under that Act relating to exemptions, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Preventing Adversary Influence, Disinformation, and Obscured Foreign Financing Act of 2023'' or the ``PAID OFF Act of 2023''. SEC. 2. TREATMENT OF EXEMPTIONS UNDER FARA. (a) Definition.--Section 1 of the Foreign Agents Registration Act of 1938, as amended (22 U.S.C. 611) is amended by adding at the end the following: ``(q) The term `country of concern' means-- ``(1) the People's Republic of China; ``(2) the Russian Federation; ``(3) the Islamic Republic of Iran; ``(4) the Democratic People's Republic of Korea; ``(5) the Republic of Cuba; and ``(6) the Syrian Arab Republic.''. (b) Exemptions.--Section 3 of the Foreign Agents Registration Act of 1938, as amended (22 U.S.C. 613), is amended, in the matter preceding subsection (a), by inserting ``, except that the exemptions under subsections (d)(1) and (h) shall not apply to any agent of a foreign principal that is a country of concern'' before the colon. (c) Sunset.--The amendments made by subsections (a) and (b) shall terminate on October 1, 2026. &lt;all&gt; </pre></body></html>
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118S435
Ensuring Military Readiness Act of 2023
[ [ "R000595", "Sen. Rubio, Marco [R-FL]", "sponsor" ], [ "B001243", "Sen. Blackburn, Marsha [R-TN]", "cosponsor" ], [ "B001305", "Sen. Budd, Ted [R-NC]", "cosponsor" ], [ "T000278", "Sen. Tuberville, Tommy [R-AL]", "cosponsor" ], [ "B001310", "Sen. Braun, Mike [R-IN]", "cosponsor" ] ]
<html><body><pre>[Congressional Bills 118th Congress] [From the U.S. Government Publishing Office] [S. 435 Introduced in Senate (IS)] &lt;DOC&gt; 118th CONGRESS 1st Session S. 435 To provide requirements related to the eligibility of individuals who identify as transgender from serving in the Armed Forces. _______________________________________________________________________ IN THE SENATE OF THE UNITED STATES February 15, 2023 Mr. Rubio (for himself, Mrs. Blackburn, Mr. Budd, Mr. Tuberville, and Mr. Braun) introduced the following bill; which was read twice and referred to the Committee on Armed Services _______________________________________________________________________ A BILL To provide requirements related to the eligibility of individuals who identify as transgender from serving in the Armed Forces. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Ensuring Military Readiness Act of 2023''. SEC. 2. LIMITATIONS ON MILITARY SERVICE BY INDIVIDUALS WHO IDENTIFY AS TRANSGENDER. Not later than 90 days after the date of the enactment of this Act, the Secretary of Defense shall prescribe regulations regarding service of individuals who identify as transgender as follows: (1) Persons who identify as transgender with a history of diagnosis of gender dysphoria are disqualified from military service except under the following limited circumstances: (A) Individuals may serve in the Armed Forces if they have been stable for 36 consecutive months in their biological sex prior to accession. (B) Members of the Armed Forces diagnosed with gender dysphoria after entering into service may be retained if they do not undergo gender transition procedures and remain deployable within applicable retention standards for their biological sex. (C) Members of the Armed Forces serving as of the date of the enactment of this Act who have been diagnosed with gender dysphoria may continue to serve only in their biological sex, irrespective of any changes previously made to their gender marker in the Defense Enrollment Eligibility Reporting System (DEERS), and receive medically necessary treatment for gender dysphoria. Such treatment may not include gender transition procedures. (2) Persons who identify as transgender who seek or have undergone gender transition are disqualified from military service. (3) Persons who identify as transgender without a history or diagnosis of gender dysphoria, who are otherwise qualified for service and meet all physical and mental requirements, may serve in the Armed Forces in their biological sex. SEC. 3. REVISED REGULATIONS REGARDING GENDER MARKINGS. Not later than 90 days after the date of the enactment of this Act, the Secretary of Defense shall prescribe regulations updating the Defense Enrollment Eligibility Reporting System (DEERS) to require the gender markers for members of the Armed Forces to match their biological sex, irrespective of any previous changes allowed. SEC. 4. DEFINITIONS. In this Act: (1) Cross-sex hormones.--The term ``cross-sex hormones'' means testosterone or other androgens given to biological females at doses that are profoundly larger or more potent than would normally occur naturally in healthy biological females, or estrogen given to biological males at doses that are profoundly larger or more potent than would normally occur naturally in healthy biological males. (2) Gender.--The term ``gender'' means the psychological, behavioral, social, and cultural aspects of being male or female. (3) Gender dysphoria.--The term ``gender dysphoria'' means a marked incongruence between one's experienced or expressed gender and biological sex. (4) Gender transition.--The term ``gender transition'' means the process by which a person goes from identifying with and living as a gender that corresponds to his or her biological sex to identifying with and living as a gender different from his or her biological sex, and may involve social, legal, or physical changes. (5) Gender transition procedures.--The term ``gender transition procedures''-- (A) means-- (i) any medical or surgical intervention, including physician's services, inpatient and outpatient hospital services, or prescribed drugs related to gender transition, that seeks to alter or remove physical or anatomical characteristics or features that are typical for the individual's biological sex or to instill or create physiological or anatomical characteristics that resemble a sex different from the individual's birth sex, including medical services that provide puberty-blocking drugs, cross-sex hormones, or other mechanisms to promote the development of feminizing or masculinizing features (in the opposite sex); and (ii) genital or non-genital gender transition surgery performed for the purpose of assisting an individual with a gender transition; and (B) does not include-- (i) services to those born with a medically verifiable disorder of sex development, including a person with external biological sex characteristics that are irresolvably ambiguous, such as those born with 46 XX chromosomes with virilization, 46 XY chromosomes with undervirilization, or having both ovarian and testicular tissue; (ii) services provided when a physician has otherwise diagnosed a disorder of sexual development, in which the physician has determined through genetic or biochemical testing that the person does not have normal sex chromosome structure, sex steroid hormone production, or sex steroid hormone action for a biological male or biological female; or (iii) the treatment of any infection, injury, disease, or disorder that has been caused by or exacerbated by the performance of gender transition procedures, whether or not the gender transition procedure was performed in accordance with State and Federal law or whether or not funding for the gender transition procedure is permissible. (6) Gender transition surgery.--The term ``gender transition surgery'' means any medical or surgical service that seeks to surgically alter or remove healthy physical or anatomical characteristics or features that are typical for the individual's biological sex in order to instill or create physiological or anatomical characteristics that resemble a sex different from the individual's birth sex, including genital or non-genital gender reassignment surgery performed for the purpose of assisting an individual with a gender transition. (7) Genital gender transition surgery.--The term ``genital gender transition surgery'' includes surgical procedures such as penectomy, orchiectomy, vaginoplasty, clitoroplasty, or vulvoplasty for biologically male patients or hysterectomy, ovariectomy, reconstruction of the fixed part of the urethra with or without a metoidioplasty or a phalloplasty, vaginectomy, scrotoplasty, or implantation of erection or testicular prostheses for biologically female patients, when performed for the purpose of assisting an individual with a gender transition. (8) Non-genital gender transition surgery.--The term ``non- genital gender transition surgery''-- (A) includes, when performed for the purpose of assisting an individual with a gender transition-- (i) surgical procedures such as augmentation mammoplasty, facial feminization surgery, liposuction, lipofilling, voice surgery, thyroid cartilage reduction, gluteal augmentation (implants or lipofilling), hair reconstruction, or various aesthetic procedures for biologically male patients; or (ii) subcutaneous mastectomy, voice surgery, liposuction, lipofilling, pectoral implants or various aesthetic procedures for biologically female patients; and (B) does not include any procedure undertaken because the individual suffers from a physical disorder, physical injury, or physical illness that would, as certified by a physician, place the individual in imminent danger of death or impairment of major bodily function unless surgery is performed, unless the procedure is for the purpose of a gender transition. (9) Puberty-blocking drugs.--The term ``puberty-blocking drugs'' means, when used to delay or suppress pubertal development in children for the purpose of assisting an individual with a gender transition-- (A) Gonadotropin-releasing hormone (GnRH) analogues or other synthetic drugs used in biological males to stop luteinizing hormone secretion and therefore testosterone secretion; and (B) synthetic drugs used in biological females that stop the production of estrogen and progesterone. (10) Sex; birth sex; biological sex.--The terms ``sex'', ``birth sex,'' and ``biological sex'' refer to the biological indication of male and female in the context of reproductive potential or capacity, such as sex chromosomes, naturally occurring sex hormones, gonads, and non-ambiguous internal and external genitalia present at birth, without regard to an individual's psychological, chosen, or subjective experience of gender. &lt;all&gt; </pre></body></html>
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118S436
SAFE Act
[ [ "R000584", "Sen. Risch, James E. [R-ID]", "sponsor" ], [ "C001088", "Sen. Coons, Christopher A. [D-DE]", "cosponsor" ] ]
<html><body><pre>[Congressional Bills 118th Congress] [From the U.S. Government Publishing Office] [S. 436 Introduced in Senate (IS)] &lt;DOC&gt; 118th CONGRESS 1st Session S. 436 To respond to the looming global food crisis precipitated by Russia's invasion of Ukraine. _______________________________________________________________________ IN THE SENATE OF THE UNITED STATES February 15, 2023 Mr. Risch (for himself and Mr. Coons) introduced the following bill; which was read twice and referred to the Committee on Foreign Relations _______________________________________________________________________ A BILL To respond to the looming global food crisis precipitated by Russia's invasion of Ukraine. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLES. This Act may be cited as the ``Securing Allies Food in Emergencies Act'' or the ``SAFE Act''. SEC. 2. STATEMENT OF POLICY. It is the policy of the United States to respond to the looming global food crisis precipitated by the Russian Federation's brutal, illegal invasion of Ukraine beginning in February 2022, which threatens to destabilize key partners and allies and push millions of people into hunger and poverty, particularly in areas of Africa and the Middle East that are already experiencing emergency levels of food insecurity, by taking immediate action to improve the timeliness and expand the reach of United States international food assistance. SEC. 3. STRATEGY TO AVERT A GLOBAL FOOD CRISIS. (a) Strategy Requirement.--Not later than 30 days after the date of the enactment of this Act, the Administrator of the United States Agency for International Development, acting in the capacity of the President's Special Coordinator for International Disaster Assistance pursuant to section 493 of the Foreign Assistance Act of 1961 (22 U.S.C. 2292b), shall develop and submit a strategy to the Committee on Foreign Relations of the Senate and Committee on Foreign Affairs of the House of Representatives for averting a catastrophic global food security crisis, particularly in areas of Africa and the Middle East that are already experiencing emergency levels of food insecurity, which has been driven by sharp increases in global prices for staple agricultural commodities, agricultural inputs (including fertilizer), and associated energy costs. (b) Considerations.--In developing the strategy under subsection (a), the Administrator shall consider and incorporate an analysis of-- (1) the impact of the Russian Federation's brutal, illegal war in Ukraine on the cost and availability of staple agricultural commodities and inputs, including fertilizer-- (A) globally; (B) in countries that rely upon commercial imports of such commodities and inputs from Ukraine or Russia; and (C) in countries that are supported through the United Nations World Food Programme, which heavily relies upon purchases of wheat and pulses from Ukraine and has recently reported a price increase of more than $23,000,000 per month for its wheat purchases; (2) the correlation between rising food costs and social unrest in areas of strategic importance to the United States, including countries and regions that experienced food riots during the 2007 to 2008 global food price crisis; (3) the underlying drivers of food insecurity in areas experiencing emergency levels of hunger, including current barriers to food security development programs and humanitarian assistance; (4) existing United States foreign assistance authorities, programs, and resources that could help avert a catastrophic global food crisis; (5) recommendations to enhance the efficiency, improve the timeliness, and expand the reach of United States international food assistance programs and resources referred to in paragraph (4); (6) opportunities to bolster coordination, catalyze and leverage actions by other donors and through multilateral development banks; (7) opportunities to better synchronize assistance through well-coordinated development and humanitarian assistance programs within the United States Agency for International Development and alongside other donors; (8) opportunities to improve supply chain and shipping logistics efficiencies in close collaboration with the private sector; (9) opportunities for increased cooperation with the Department of State to strengthen diplomatic efforts to resolve global conflicts and overcome barriers to access for life- saving assistance; (10) opportunities to support continued agricultural production in Ukraine, and the extent to which food produced in Ukraine can be used to meet humanitarian needs locally, regionally, or in countries historically reliant upon imports from Ukraine or Russia; and (11) opportunities to support and leverage agricultural production in countries and regions currently supported by United States international agricultural development programs, including programs authorized under the Global Food Security Act of 2016 (22 U.S.C. 9301 et seq.), in a manner that-- (A) fills critical gaps in the global supply of emergency food aid commodities; (B) enables purchases from small holder farmers by the United Nations World Food Programme; (C) enhances resilience to food price shocks; (D) promotes self-reliance; and (E) opens opportunities for United States agricultural trade and investment. SEC. 4. EMERGENCY AUTHORITIES TO EXPAND THE TIMELINESS AND REACH OF UNITED STATES INTERNATIONAL FOOD ASSISTANCE. (a) In General.--Subject to the provisions of this section and notwithstanding any other provision of law, the Administrator of the United States Agency for International Development is authorized to procure life-saving food aid commodities, including commodities available locally and regionally, for the provision of emergency food assistance to the most vulnerable populations in countries and areas experiencing acute food insecurity that has been exacerbated by rising food prices, particularly in countries and areas historically dependent upon imports of wheat and other staple commodities from Ukraine and Russia. (b) Prioritization.-- (1) In general.--In responding to crises in which emergency food aid commodities are unavailable locally or regionally, or in which the provision of locally or regionally procured agricultural commodities would be unsafe, impractical, or inappropriate, the Administrator should prioritize procurements of United States agricultural commodities, including when exercising authorities under section 491 of the Foreign Assistance Act of 1961 (22 U.S.C. 2292). (2) Local or regional procurements.--In making local or regional procurements of food aid commodities pursuant to subsection (a), the Administrator, to the extent practicable and appropriate, should prioritize procurements from areas supported through the international agricultural development programs authorized under the Global Food Security Act of 2016 (22 U.S.C. 9301 et seq.) and from Ukraine, for the purpose of promoting economic stability, resilience to price shocks, and early recovery from such shocks in such areas. (c) Do No Harm.--In making local or regional procurements of food aid commodities pursuant to subsection (a), the Administrator shall first conduct market assessments to ensure that such procurements-- (1) will not displace United States agricultural trade and investment; and (2) will not cause or exacerbate shortages, or otherwise harm local markets, for such commodities within the countries of origin. (d) Emergency Exceptions.-- (1) In general.--Commodities procured pursuant to subsection (b) shall be excluded from calculations of gross tonnage for purposes of determining compliance with section 55305(b) of title 46, United States Code. (2) Conforming amendment.--Section 55305(b) of title 46, United States Code, is amended by striking ``shall'' and inserting ``should''. (e) Exclusions.--The authority under subsection (a) shall not apply to procurements from-- (1) the Russian Federation; (2) the People's Republic of China; or (3) any country subject to sanctions under-- (A) section 620A of the Foreign Assistance Act of 1961 (22 U.S.C. 2371); (B) section 40 of the Arms Export Control Act (22 U.S.C. 2780); or (C) section 1754(c) of the Export Control Reform Act of 2018 (50 U.S.C. 4813(c)). &lt;all&gt; </pre></body></html>
[ "International Affairs" ]
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118S437
Bicycles for Rural African Transport Act
[ [ "D000563", "Sen. Durbin, Richard J. [D-IL]", "sponsor" ] ]
<html><body><pre>[Congressional Bills 118th Congress] [From the U.S. Government Publishing Office] [S. 437 Introduced in Senate (IS)] &lt;DOC&gt; 118th CONGRESS 1st Session S. 437 To establish within the Office of Gender Equality and Women's Empowerment of the United States Agency for International Development a rural mobility program to promote mobility in rural communities through access to affordable, fit-for-purpose bicycles, provide support to sustainably increase access to rural areas, and for other purposes. _______________________________________________________________________ IN THE SENATE OF THE UNITED STATES February 15, 2023 Mr. Durbin introduced the following bill; which was read twice and referred to the Committee on Foreign Relations _______________________________________________________________________ A BILL To establish within the Office of Gender Equality and Women's Empowerment of the United States Agency for International Development a rural mobility program to promote mobility in rural communities through access to affordable, fit-for-purpose bicycles, provide support to sustainably increase access to rural areas, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Bicycles for Rural African Transport Act''. SEC. 2. RURAL MOBILITY PROGRAM IN SUB-SAHARAN AFRICA. (a) Establishment.-- (1) In general.--The Administrator of the United States Agency for International Development (referred to in this Act as ``USAID'') shall establish, within the Office of Gender Equality and Women's Empowerment, a rural mobility program (referred to in this section as the ``Program'') to carry out the purposes described in paragraph (2), including through grants made to eligible nongovernmental partner organizations, prioritizing those organizations with demonstrated success conducting rural mobility programs in the region to so carry out such purposes. (2) Purpose.--The Program shall focus on country-driven projects within sub-Saharan Africa-- (A) to promote rural communities' access to critical services and opportunities, including education, health care, and livelihood opportunities, through access to affordable, fit-for-purpose bicycles; and (B) to provide support to sustainably increase access to critical services, such as education, health care, and livelihood opportunities in rural areas, including through support for rural-based mechanics, access to spare parts, reduction of social and gender- based stigma, and community project management capacity. (3) Partnerships.--To the greatest extent practicable, the Program shall partner with existing entities overseas that have successful models for providing access to affordable bicycles to achieve development objectives. (4) Authorization of appropriations.--To carry out this section, there is authorized to be appropriated-- (A) $3,000,000 for fiscal year 2024; (B) $3,000,000 for fiscal year 2025; (C) $6,000,000 for fiscal year 2026; (D) $6,000,000 for fiscal year 2027; and (E) $12,000,000 for fiscal year 2028 and for each fiscal year thereafter. (b) Report.-- (1) Prior projects.--Not later than 30 days after the date of the enactment of this Act, the Administrator of USAID shall submit a report to the Committee on Foreign Relations of the Senate, the Committee on Appropriations of the Senate, the Committee on Foreign Affairs of the House of Representatives, and the Committee on Appropriations of the House of Representatives regarding projects carried out by USAID during each of the fiscal years 2020, 2021, 2022, and 2023 relating to the purposes described in subsection (a)(2). The report shall-- (A) identify in which countries USAID embedded rural bicycle mobility into strategies, programs, and projects of USAID; (B) describe the mechanisms by which rural bicycle mobility was so embedded; (C) specify the number of bicycles distributed each fiscal year; (D) assess the outcomes for and impacts on participants in such projects; and (E) assess USAID's efforts to disseminate lessons learned from such projects. (2) Current projects.--Not later than December 30, 2025, and not later than each December 30 thereafter, the Administrator of USAID shall submit a report to the congressional committees listed in paragraph (1) regarding projects carried out by USAID during the immediately preceding fiscal year. Each such report shall include information relating to the matters described in subparagraphs (A) through (E) of paragraph (1). &lt;all&gt; </pre></body></html>
[ "International Affairs" ]
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118S438
Natural Gas Export Expansion Act
[ [ "C001098", "Sen. Cruz, Ted [R-TX]", "sponsor" ], [ "C001047", "Sen. Capito, Shelley Moore [R-WV]", "cosponsor" ], [ "C001096", "Sen. Cramer, Kevin [R-ND]", "cosponsor" ], [ "K000393", "Sen. Kennedy, John [R-LA]", "cosponsor" ] ]
<html><body><pre>[Congressional Bills 118th Congress] [From the U.S. Government Publishing Office] [S. 438 Introduced in Senate (IS)] &lt;DOC&gt; 118th CONGRESS 1st Session S. 438 To amend the Natural Gas Act to provide for expanded natural gas exports. _______________________________________________________________________ IN THE SENATE OF THE UNITED STATES February 15, 2023 Mr. Cruz (for himself, Mrs. Capito, Mr. Cramer, and Mr. Kennedy) introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources _______________________________________________________________________ A BILL To amend the Natural Gas Act to provide for expanded natural gas exports. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Natural Gas Export Expansion Act''. SEC. 2. NATURAL GAS EXPORTS. (a) Finding.--Congress finds that expanding natural gas exports will lead to increased investment and development of domestic supplies of natural gas that will contribute to job growth and economic development. (b) Natural Gas Exports.--Section 3(c) of the Natural Gas Act (15 U.S.C. 717b(c)) is amended-- (1) by inserting ``or any other nation not excluded by this section'' after ``trade in natural gas''; (2) by striking ``(c) For purposes'' and inserting the following: ``(c) Expedited Application and Approval Process.-- ``(1) In general.--For purposes''; and (3) by adding at the end the following: ``(2) Exclusions.-- ``(A) In general.--Any nation subject to sanctions or trade restrictions imposed by the United States is excluded from expedited approval under paragraph (1). ``(B) Designation by president or congress.--The President or Congress may designate nations that may be excluded from expedited approval under paragraph (1) for reasons of national security. ``(3) Order not required.--No order is required under subsection (a) to authorize the export or import of any natural gas to or from Canada or Mexico.''. &lt;all&gt; </pre></body></html>
[ "Energy" ]
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118S439
Preventing Elected Leaders from Owning Securities and Investments (PELOSI) Act
[ [ "H001089", "Sen. Hawley, Josh [R-MO]", "sponsor" ] ]
<p><b>Preventing Elected Leaders from Owning Securities and Investments (PELOSI) Act</b></p> <p>This bill prohibits Members of Congress (or their spouses) from holding or trading certain investments (e.g., individual stocks and related financial instruments other than diversified investment funds or U.S. Treasury securities).</p> <p>The prohibition does not apply to assets held in a qualified blind trust or to sales by a Member to come into compliance with the bill's requirements. Specifically, the bill allows for sales by current Members during the 180 days following the bill's enactment and for sales by future Members during the 180 days following the commencement of their service.</p> <p>Any profit made in violation of the prohibition must be disgorged to the Treasury and may subject the Member to a civil fine.</p> <p>Each Member must submit an annual certification of compliance, and the Government Accountability Office must audit Members' compliance with the bill's provisions.</p>
<html><body><pre>[Congressional Bills 118th Congress] [From the U.S. Government Publishing Office] [S. 439 Introduced in Senate (IS)] &lt;DOC&gt; 118th CONGRESS 1st Session S. 439 To amend chapter 131 of title 5, United States Code, to prohibit transactions involving certain financial instruments by Members of Congress. _______________________________________________________________________ IN THE SENATE OF THE UNITED STATES February 15, 2023 Mr. Hawley introduced the following bill; which was read twice and referred to the Committee on Homeland Security and Governmental Affairs _______________________________________________________________________ A BILL To amend chapter 131 of title 5, United States Code, to prohibit transactions involving certain financial instruments by Members of Congress. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Preventing Elected Leaders from Owning Securities and Investments (PELOSI) Act''. SEC. 2. BANNING INSIDER TRADING IN CONGRESS. (a) In General.--Chapter 131 of title 5, United States Code, is amended by adding at the end the following: ``Subchapter IV--Banning Insider Trading in Congress ``Sec. 13161. Definitions ``In this subchapter: ``(1) Covered financial instrument.-- ``(A) In general.--The term `covered financial instrument' means-- ``(i) any investment in-- ``(I) a security (as defined in section 3(a) of Securities Exchange Act of 1934 (15 U.S.C. 78c(a))); ``(II) a security future (as defined in that section); or ``(III) a commodity (as defined in section 1a of the Commodity Exchange Act (7 U.S.C. 1a)); and ``(ii) any economic interest comparable to an interest described in clause (i) that is acquired through synthetic means, such as the use of a derivative, including an option, warrant, or other similar means. ``(B) Exclusions.--The term `covered financial instrument' does not include-- ``(i) a diversified mutual fund; ``(ii) a diversified exchange-traded fund; ``(iii) a United States Treasury bill, note, or bond; or ``(iv) compensation from the primary occupation of a spouse or dependent of a Member of Congress. ``(2) Member of congress.--The term `Member of Congress' has the meaning given the term in section 13101. ``(3) Qualified blind trust.--The term `qualified blind trust' has the meaning given the term in section 13104(f). ``(4) Supervising ethics committee.--The term `supervising ethics committee' means, as applicable-- ``(A) the Select Committee on Ethics of the Senate; and ``(B) the Committee on Ethics of the House of Representatives. ``Sec. 13162. Prohibition on certain transactions and holdings involving covered financial instruments ``(a) Prohibition.--Except as provided in subsection (b), a Member of Congress, or any spouse of a Member of Congress, may not, during the term of service of the Member of Congress, hold, purchase, or sell any covered financial instrument. ``(b) Exceptions.--The prohibition under subsection (a) shall not apply to-- ``(1) a sale by a Member of Congress, or a spouse of a Member of Congress, that is completed by the date that is-- ``(A) for a Member of Congress serving on the date of enactment of the Preventing Elected Leaders from Owning Securities and Investments (PELOSI) Act, 180 days after that date of enactment; and ``(B) for any Member of Congress who commences service as a Member of Congress after the date of enactment of the Preventing Elected Leaders from Owning Securities and Investments (PELOSI) Act, 180 days after the first date of the initial term of service; or ``(2) a covered financial instrument held in a qualified blind trust operated on behalf of, or for the benefit of, the Member of Congress or spouse of the Member of Congress. ``(c) Penalties.-- ``(1) Disgorgement.--A Member of Congress shall disgorge to the Treasury of the United States any profit from a transaction or holding involving a covered financial instrument that is conducted in violation of this section. ``(2) Fines.--A Member of Congress who holds or conducts a transaction involving, or whose spouse holds or conducts a transaction involving, a covered financial instrument in violation of this section may be subject to a civil fine assessed by the supervising ethics committee under section 13164. ``Sec. 13163. Certification of compliance ``(a) In General.--Not less frequently than annually, each Member of Congress shall submit to the applicable supervising ethics committee a written certification that the Member of Congress has achieved compliance with the requirements of this subchapter. ``(b) Publication.--The supervising ethics committees shall publish each certification submitted under subsection (a) on a publicly available website. ``Sec. 13164. Authority of supervising ethics committees ``(a) In General.--The supervising ethics committees may implement and enforce the requirements of this subchapter, including by-- ``(1) issuing-- ``(A) for Members of Congress-- ``(i) rules governing that implementation; and ``(ii) 1 or more reasonable extensions to achieve compliance with this subchapter, if the supervising ethics committee determines that a Member of Congress is making a good faith effort to divest any covered financial instruments; and ``(B) guidance relating to covered financial instruments; ``(2) publishing on the internet certifications submitted by Members of Congress under section 13163(a); and ``(3) assessing civil fines against any Member of Congress who is in violation of this subchapter, subject to subsection (b). ``(b) Requirements for Civil Fines.-- ``(1) In general.--Before imposing a fine pursuant to this section, a supervising ethics committee shall provide to the applicable Member of Congress-- ``(A) a written notice describing each covered financial instrument transaction for which a fine will be assessed; and ``(B) an opportunity, with respect to each such covered financial instrument transaction-- ``(i) for a hearing; and ``(ii) to achieve compliance with the requirements of this subchapter. ``(2) Publication.--Each supervising ethics committee shall publish on a publicly available website a description of-- ``(A) each fine assessed by the supervising ethics committee pursuant to this section; ``(B) the reasons why each such fine was assessed; and ``(C) the result of each assessment, including any hearing under paragraph (1)(B)(i) relating to the assessment. ``(3) Appeal.--A Member of Congress may appeal the assessment of a fine under this section to a vote on the floor of the Senate or the House of Representatives, as applicable, as a privileged motion. ``Sec. 13165. Audit by Government Accountability Office ``Not later than 2 years after the date of enactment of the Preventing Elected Leaders from Owning Securities and Investments (PELOSI) Act, the Comptroller General of the United States shall-- ``(1) conduct an audit of the compliance by Members of Congress with the requirements of this subchapter; and ``(2) submit to the supervising ethics committees a report describing the results of the audit conducted under paragraph (1).''. (b) Conforming Amendments.-- (1) Section 13103(f) of title 5, United States Code, is amended-- (A) in paragraph (9), by striking ``as defined in section 13101 of this title''; (B) in paragraph (10), by striking ``as defined in section 13101 of this title''; (C) in paragraph (11), by striking ``as defined in section 13101 of this title''; and (D) in paragraph (12), by striking ``as defined in section 13101 of this title''. (2) Section 3(4)(D) of the Lobbying Disclosure Act of 1995 (2 U.S.C. 1602(4)(D)) is amended by striking ``legislative branch employee serving in a position described under section 13101(13) of title 5, United States Code'' and inserting ``officer or employee of Congress (as defined in section 13101 of title 5, United States Code)''. (3) The table of sections for chapter 131 of title 5, United States Code, is amended by adding at the end the following: ``subchapter iv--banning insider trading in congress ``13161. Definitions. ``13162. Prohibition on certain transactions and holdings involving covered financial instruments. ``13163. Certification of compliance. ``13164. Authority of supervising ethics committees. ``13165. Audit by Government Accountability Office.''. &lt;all&gt; </pre></body></html>
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118S44
ONSHORE Manufacturing Act of 2023
[ [ "R000595", "Sen. Rubio, Marco [R-FL]", "sponsor" ] ]
<p><b>Obtaining National and Secure Homeland Operations for Rare Earth Manufacturing Act of 2023 or the ONSHORE Manufacturing Act of 2023</b></p> <p>This bill sets forth provisions to support secure supply chains of rare earth elements. A<i> rare earth element </i>means a natural element associated with (1) the metallic element scandium, with atomic number 21; (2) the metallic element yttrium, with atomic number 39; or (3) any of the series of 15 metallic elements between lanthanum, with atomic number 57, and lutetium, with atomic number 71, on the periodic table.</p> <p>The Department of Energy (DOE) must establish a program that provides financial assistance for facilities located in the United States that produce finished rare earth products from purified rare earth elements. Financial assistance may be provided to (1) construct such facilities, (2) support workforce development for the facilities, or (3) support site development and technological upgrade for facilities.</p> <p>The Department of the Treasury may establish the Minerals Security Partnership Fund to support the development and adoption of a secure supply chain for rare earth elements.</p> <p>DOE must also establish an initiative with educational, workforce training, and apprenticeship programs relating to advanced rare earth element mining, separation, processing, metallurgy, and advanced equipment maintenance capabilities.</p> <p>In addition, the President must develop a plan of action for using the authorities available under the Defense Production Act of 1950 to establish or enhance a domestic production capability for finished rare earth products and related technologies.</p>
<html><body><pre>[Congressional Bills 118th Congress] [From the U.S. Government Publishing Office] [S. 44 Introduced in Senate (IS)] &lt;DOC&gt; 118th CONGRESS 1st Session S. 44 To require the Secretary of Energy to establish a program to incentivize investment in facilities that carry out the metallurgy of rare earth elements and the production of finished rare earth products, and for other purposes. _______________________________________________________________________ IN THE SENATE OF THE UNITED STATES January 24 (legislative day, January 3), 2023 Mr. Rubio introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources _______________________________________________________________________ A BILL To require the Secretary of Energy to establish a program to incentivize investment in facilities that carry out the metallurgy of rare earth elements and the production of finished rare earth products, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Obtaining National and Secure Homeland Operations for Rare Earth Manufacturing Act of 2023'' or the ``ONSHORE Manufacturing Act of 2023''. SEC. 2. DEFINITIONS. In this Act: (1) Appropriate committees of congress.--The term ``appropriate committees of Congress'' means-- (A) the Select Committee on Intelligence, the Committee on Energy and Natural Resources, the Committee on Commerce, Science, and Transportation, the Committee on Foreign Relations, the Committee on Armed Services, the Committee on Appropriations, the Committee on Banking, Housing, and Urban Affairs, the Committee on Homeland Security and Governmental Affairs, and the Committee on Finance of the Senate; and (B) the Permanent Select Committee on Intelligence, the Committee on Energy and Commerce, the Committee on Foreign Affairs, the Committee on Armed Services, the Committee on Science, Space, and Technology, the Committee on Appropriations, the Committee on Financial Services, the Committee on Homeland Security, and the Committee on Ways and Means of the House of Representatives. (2) Covered entity.--The term ``covered entity'' means a private entity, a consortium of private entities, or a consortium of public and private entities with a demonstrated ability to substantially finance, construct, expand, or technologically upgrade a covered facility. (3) Covered facility.--The term ``covered facility'' means a facility located in a State that carries out the metallurgy of rare earth elements for the production of finished rare earth products. (4) Covered incentive.--The term ``covered incentive'' means-- (A) an incentive offered by a Federal, State, local, or Tribal governmental entity to a covered entity for the purposes of-- (i) constructing within the jurisdiction of the governmental entity a covered facility; or (ii) expanding or technologically upgrading an existing facility within that jurisdiction to be a covered facility; and (B) a workforce-related incentive (including a grant agreement relating to workforce training or vocational education), any concession with respect to real property, funding for research and development with respect to rare earth elements and finished rare earth products, and any other incentive determined appropriate by the Secretary, in consultation with the Secretary of State. (5) Finished rare earth product.--The term ``finished rare earth product'' means a product composed of significant quantities of rare earth elements, including-- (A) metals; (B) alloys; and (C) permanent magnets. (6) Foreign entity.-- (A) In general.--The term ``foreign entity'' means-- (i) a government of a foreign country and a foreign political party; (ii) a natural person who is not-- (I) a lawful permanent resident of the United States; (II) a citizen or national of the United States; or (III) any other protected individual (as defined in section 274B(a)(3) of the Immigration and Nationality Act (8 U.S.C. 1324b(a)(3))); and (iii) a partnership, association, corporation, organization, or other combination of persons organized under the laws of or having its principal place of business in a foreign country. (B) Inclusions.--The term ``foreign entity'' includes-- (i) any person owned by, controlled by, or subject to the jurisdiction or direction of an entity described in subparagraph (A); (ii) any person, wherever located, who acts as an agent, representative, or employee of an entity described in subparagraph (A); (iii) any person who acts in any other capacity at the order, request, or under the influence, direction, or control, of-- (I) an entity described in subparagraph (A); or (II) a person the activities of which are directly or indirectly supervised, directed, controlled, financed, or subsidized in whole or in majority part by an entity described in subparagraph (A); (iv) any person who directly or indirectly through any contract, arrangement, understanding, relationship, or otherwise, owns 25 percent or more of the equity interests of an entity described in subparagraph (A); (v) any person with significant responsibility to control, manage, or direct an entity described in subparagraph (A); (vi) any person, wherever located, who is a citizen or resident of a country controlled by an entity described in subparagraph (A); and (vii) any corporation, partnership, association, or other organization organized under the laws of a country controlled by an entity described in subparagraph (A). (7) Foreign entity of concern.-- (A) In general.--The term ``foreign entity of concern'' means any foreign entity that is-- (i) designated as a foreign terrorist organization by the Secretary of State under section 219 of the Immigration and Nationality Act (8 U.S.C. 1189); (ii) included on the list of specially designated nationals and blocked persons maintained by the Office of Foreign Assets Control of the Department of the Treasury; (iii) owned by, controlled by, or subject to the jurisdiction, direction, or otherwise under the undue influence of a government of a covered nation (as defined in section 4872(d) of title 10, United States Code); (iv) alleged by the Attorney General to have been involved in activities for which a conviction was obtained under-- (I) chapter 37 of title 18, United States Code (commonly known as the ``Espionage Act''); (II) section 951 or 1030 of title 18, United States Code; (III) chapter 90 of title 18, United States Code (commonly known as the ``Economic Espionage Act of 1996''); (IV) the Arms Export Control Act (22 U.S.C. 2751 et seq.); (V) section 224, 225, 226, 227, or 236 of the Atomic Energy Act of 1954 (42 U.S.C. 2274-2278; 2284); (VI) the Export Control Reform Act of 2018 (50 U.S.C. 4801 et seq.); or (VII) the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.); or (v) determined by the Secretary, in consultation with the Secretary of Defense and the Director of National Intelligence, to be engaged in unauthorized conduct that is detrimental to the national security or foreign policy of the United States under this Act. (B) Exclusion.--The term ``foreign entity of concern'' does not include any entity with respect to which 1 or more foreign entities described in subparagraph (A) owns less than 10 percent of the equity interest. (8) Governmental entity.--The term ``governmental entity'' means-- (A) a State; and (B) a local government of a State. (9) Intelligence community.--The term ``intelligence community'' has the meaning given the term in section 3 of the National Security Act of 1947 (50 U.S.C. 3003). (10) Metallurgy.--The term ``metallurgy'' means the process of producing finished rare earth products from purified rare earth elements. (11) Minerals security partnership.--The term ``Minerals Security Partnership'' means the Minerals Security Partnership established in June 2022. (12) Person.--The term ``person'' includes an individual, partnership, association, corporation, organization, or any other combination of individuals. (13) Private capital.--The term ``private capital'' has the meaning given the term in section 103 of the Small Business Investment Act of 1958 (15 U.S.C. 662). (14) Rare earth element.--The term ``rare earth element'' means a natural element associated with-- (A) the metallic element scandium, with atomic number 21; (B) the metallic element yttrium, with atomic number 39; or (C) any of the series of 15 metallic elements between lanthanum, with atomic number 57, and lutetium, with atomic number 71, on the periodic table. (15) Secretary.--The term ``Secretary'' means the Secretary of Energy. (16) State.--The term ``State'' means-- (A) each of the several States of the United States; (B) the District of Columbia; (C) the Commonwealth of Puerto Rico; (D) Guam; (E) American Samoa; (F) the Commonwealth of the Northern Mariana Islands; (G) the Federated States of Micronesia; (H) the Republic of the Marshall Islands; (I) the Republic of Palau; and (J) the United States Virgin Islands. SEC. 3. RARE EARTH METALLURGY FINANCING. (a) Financial Assistance Program.-- (1) In general.--The Secretary shall establish in the Department of Energy a program to provide Federal financial assistance to covered entities to incentivize investment in covered facilities, subject to the availability of appropriations for that purpose. (2) Procedure.-- (A) In general.--A covered entity seeking financial assistance under this subsection shall submit to the Secretary an application that describes the project for which the covered entity is seeking financial assistance. (B) Eligibility.--In order for a covered entity to qualify for financial assistance under this subsection, the covered entity shall demonstrate to the Secretary, in the application submitted by the covered entity under subparagraph (A), that-- (i) the covered entity has a documented interest in-- (I) constructing a covered facility; or (II) expanding or technologically upgrading a facility owned by the covered entity to be a covered facility; and (ii) with respect to the project for which the covered entity is seeking financial assistance, the covered entity has-- (I) been offered a covered incentive; (II) made commitments to worker and community investment, including through-- (aa) training and education benefits paid by the covered entity; and (bb) programs to expand employment opportunity for economically disadvantaged individuals; (III) secured commitments from regional educational and training entities and institutions of higher education to provide workforce training, including programming for training and job placement of economically disadvantaged individuals; and (IV) an executable plan to sustain a covered facility without additional Federal financial assistance under this subsection for facility support. (C) Application review.-- (i) In general.--The Secretary may not approve an application submitted by a covered entity under subparagraph (A)-- (I) unless the Secretary-- (aa) confirms that the covered entity has satisfied the eligibility criteria under subparagraph (B); (bb) determines that the project for which the covered entity is seeking financial assistance is in the interest of the United States; and (cc) has notified the appropriate committees of Congress not later than 15 days before making any commitment to provide an award of financial assistance to any covered entity in an amount that exceeds $10,000,000; or (II) if the Secretary determines, in consultation with the Director of National Intelligence, that the covered entity is a foreign entity of concern. (ii) Consideration.--In reviewing an application submitted by a covered entity under subparagraph (A), the Secretary may consider whether-- (I) the covered entity has previously received financial assistance under this subsection; (II) the governmental entity offering the applicable covered incentive has benefitted from financial assistance previously provided under this subsection; (III) the covered entity has demonstrated that the covered entity is responsive to the national security needs or requirements established by the intelligence community (or an agency thereof), the National Nuclear Security Administration, or the Department of Defense; (IV) if practicable, a consortium that is considered a covered entity includes a small business concern (as defined under section 3 of the Small Business Act (15 U.S.C. 632)), notwithstanding section 121.103 of title 13, Code of Federal Regulations (or successor regulations); and (V) the covered entity intends to produce finished products for use by the Department of Defense, the defense industry of the United States, or critical energy infrastructure. (iii) Prioritization.--To the maximum extent practicable, the Secretary shall prioritize awarding financial assistance under this subsection to a covered entity that intends to make finished products available for use by the Department of Defense, the defense industry of the United States, or critical energy infrastructure. (D) Records.-- (i) In general.--The Secretary may request records and information from a covered entity that submitted an application under subparagraph (A) to review the status of a covered entity. (ii) Requirement.--The covered entity shall provide the records and information requested by the Secretary under clause (i). (3) Amount.-- (A) In general.--The Secretary shall determine the appropriate amount and funding type for each financial assistance award provided to a covered entity under this subsection. (B) Cost-sharing requirement.--The total amount of financial assistance that may be guaranteed by the Secretary under this subsection shall be not more than 100 percent of the private capital investment available to a covered entity for any individual project. (C) Minimum investment.--The total Federal investment in any individual project receiving a financial assistance award under this subsection shall be not less than $100,000,000. (D) Larger investment.--The total Federal investment in any individual project receiving a financial assistance award under this subsection shall not exceed $500,000,000, unless the Secretary, in consultation with the Secretary of Defense and the Director of National Intelligence, recommends to the President, and the President certifies and reports to the appropriate committees of Congress, that a larger investment is necessary-- (i) to significantly increase the proportion of reliable domestic supply of finished rare earth products relevant for national security and economic competitiveness that can be met through domestic production; and (ii) to meet the needs of national security. (4) Use of funds.--A covered entity that receives a financial assistance award under this subsection may only use the financial assistance award amounts-- (A) to finance the construction of a covered facility (including equipment) or the expansion or technological upgrade of a facility (including equipment) of the covered entity to be a covered facility, as documented in the application submitted by the covered entity under paragraph (2)(A), as determined necessary by the Secretary for purposes relating to the national security and economic competitiveness of the United States; (B) to support workforce development for a covered facility; and (C) to support site development and technological upgrade for a covered facility. (5) Clawback.-- (A) Major awards.-- (i) In general.--For all financial assistance awards provided to covered entities under this subsection, the Secretary shall, at the time of making the award, determine the target dates by which a covered entity shall commence and complete the applicable project. (ii) Progressive recovery for delays.--If the covered entity receiving a financial assistance award under this subsection does not complete the applicable project by the applicable target date determined under clause (i), the Secretary shall progressively recover up to the full amount of the award. (iii) Waiver.--In the case of projects that do not meet the applicable target date determined under clause (i), the Secretary may waive the requirement to recover the financial award provided for the project under clause (ii) after making a formal determination that circumstances beyond the ability of the covered entity to foresee or control are responsible for the delay. (iv) Congressional notification.-- (I) In general.--Not later than 15 days after making a determination to recover an award under clause (ii), the Secretary shall notify the appropriate committees of Congress of the intent of the Secretary to recover the award. (II) Waivers.--Not later than 15 days after the date on which the Secretary provides a waiver under clause (iii), the Secretary shall notify the appropriate committees of Congress of the waiver. (B) Joint research, technology licensing, and intellectual property reporting.-- (i) In general.--Before entering into an agreement with a foreign entity to conduct joint research or technology licensing, or to share intellectual property, a covered entity that has received a financial assistance award under this subsection-- (I) shall notify the Secretary of the intent to enter into such an agreement; and (II) may only enter into such an agreement if the Secretary determines the foreign entity is not a foreign entity of concern. (ii) Determination.--On receiving a notification under clause (i), the Secretary, in consultation with the Director of National Intelligence, the Director of the National Counterintelligence and Security Center, and the Director of the Federal Bureau of Investigation, shall make a determination of whether the applicable foreign entity is a foreign entity of concern. (iii) Technology clawback.--The Secretary shall recover the full amount of a financial assistance award provided to a covered entity under this subsection if, during the applicable term of the award, the covered entity knowingly engages in any joint research, technology licensing, or intellectual property sharing effort with a foreign entity of concern that relates to a technology or product that raises national security concerns, as determined by the Secretary, in consultation with the Director of National Intelligence, the Director of the National Counterintelligence and Security Center, and the Director of the Federal Bureau of Investigation, on the condition that the determination of the Secretary shall have been communicated to the covered entity before the covered entity engaged in the joint research, technology licensing, or intellectual property sharing. (6) Condition of receipt.--A covered entity to which the Secretary awards Federal financial assistance under this subsection shall enter into an agreement that specifies that, during the 5-year period immediately following the award of the Federal financial assistance, the covered entity will not make shareholder distributions in excess of profits. (b) Coordination Required.--In carrying out the program established under subsection (a), the Secretary shall coordinate with the Secretary of State, the Secretary of Defense, the Secretary of Homeland Security, and the Director of National Intelligence. (c) GAO Reviews.--The Comptroller General of the United States shall-- (1) not later than 2 years after the date of disbursement of the first financial award under the program established under subsection (a), and biennially thereafter for 10 years, conduct a review of the program, which shall include, at a minimum-- (A) a determination of the number of financial assistance awards provided under the program during the period covered by the review; (B) an evaluation of how-- (i) the program is being carried out, including how recipients of financial assistance awards are being selected under the program; and (ii) other Federal programs are leveraged for manufacturing, research, and training to complement the financial assistance awards provided under the program; and (C) a description of the outcomes of projects supported by financial assistance awards provided under the program, including a description of-- (i) covered facilities that were constructed or facilities that were expanded or technologically upgraded to be covered facilities as a result of financial assistance awards provided under the program; (ii) workforce training programs carried out with financial assistance awards provided under the program, including efforts to hire individuals from disadvantaged populations; and (iii) the impact of projects receiving financial assistance awards under the program on the United States share of global finished rare earth product production; and (2) submit to the appropriate committees of Congress the results of each review conducted under paragraph (1). (d) Authorization of Appropriations.--There are authorized to be appropriated to carry out this section-- (1) $1,500,000,000 for fiscal year 2024; and (2) $200,000,000 for each of fiscal years 2025 through 2028. SEC. 4. FUNDING FOR DEVELOPMENT OF SECURE RARE EARTH SUPPLY CHAINS. (a) Minerals Security Partnership Fund.-- (1) Establishment of fund.--The Secretary of the Treasury may establish a trust fund, to be known as the ``Minerals Security Partnership Fund'' (referred to in this section as the ``Fund''), consisting of such amounts as are appropriated to the Fund or credited to the Fund under paragraph (3). (2) Reporting requirement.--If the Fund is not established by not later than 180 days after the date of enactment of this Act, on that date, and annually thereafter until the Fund is established, the Secretary of the Treasury, in coordination with the Secretary of State, shall provide, in writing, to the appropriate committees of Congress a rationale for not establishing the Fund. (3) Investment of amounts.-- (A) Investment of amounts.--If the Fund is established, the Secretary of the Treasury may invest such portion of the Fund as is not required to meet current withdrawals in interest-bearing obligations of the United States or in obligations guaranteed as to both principal and interest by the United States. (B) Interest and proceeds.--The interest on, and the proceeds from the sale or redemption of, any obligations held in the Fund shall be credited to and form a part of the Fund. (4) Use of fund.-- (A) In general.--Subject to subparagraph (B), amounts in the Fund shall be available, as provided in advance in an appropriations Act, to the Secretary of State-- (i) to provide funding through the Minerals Security Partnership common funding mechanism described in subsection (b)(1) to support the development and adoption of secure rare earth supply chains; and (ii) to otherwise carry out this section. (B) Availability contingent on international arrangement or agreement.-- (i) In general.--Amounts in the Fund shall be available to the Secretary of State, as provided in advance in an appropriations Act, on and after the date on which the Secretary of State enters into an arrangement or agreement with the governments of countries that are partners of the United States, as determined by the Secretary of State, to participate in the Minerals Security Partnership common funding mechanism under subsection (b)(1). (ii) Consultation.--Before entering into an arrangement or agreement as described in clause (i), the Secretary of State, in consultation with the Secretary of Commerce, shall ensure that any government that will participate in the arrangement or agreement maintains export control licensing policies with respect to exports of finished rare earth products substantively equivalent to the United States with respect to restrictions on such exports to the People's Republic of China. (b) Minerals Security Partnership Common Funding Mechanism for Development of Secure Rare Earth Supply Chains.-- (1) In general.--The Secretary of State, in consultation with the Secretary of Commerce, the Secretary of Defense, the Secretary of Homeland Security, the Secretary of the Treasury, the Director of National Intelligence, and the Chief Executive Officer of the United States International Development Finance Corporation shall ensure that the Minerals Security Partnership is a mutually beneficial funding mechanism that, in coordination with the governments of countries that are partners of the United States, uses amounts from the Fund, or any other available Federal funds, to support the development and adoption of secure rare earth supply chains, including for-- (A) research and development collaborations among countries participating in the mechanism; and (B) supplementing bids by foreign entities that are not foreign entities of concern to secure offtake agreements with entities that mine rare earth elements. (2) Contributions from participating countries.--In creating and sustaining the Minerals Security Partnership common funding mechanism described in paragraph (1), the Secretary of State shall seek to leverage amounts from the Fund to secure contributions to the mechanism from the governments of countries participating in the mechanism, including with respect to cost sharing and other cooperative measures leading to the development and adoption of secure rare earth supply chains. (3) Commitments.--In creating and sustaining the Minerals Security Partnership common funding mechanism described in paragraph (1), the Secretary of State shall promote efforts among countries participating in the mechanism-- (A) to establish transparency requirements for any subsidies or other financial benefits (including revenue foregone) provided to rare earth firms located in or outside such countries; (B) to establish processes similar to the process of the Committee on Foreign Investment in the United States under section 721 of the Defense Production Act of 1950 (50 U.S.C. 4565) for intervening to preempt foreign entities of concern from investing in, purchasing, or assuming control of entities, intellectual property, and equipment that are created by or benefit from investments by the mechanism; (C) to establish consistent policies with respect to countries that-- (i) are not participating in the mechanism; and (ii) do not meet transparency requirements established under subparagraph (A); (D) to promote harmonized treatment of finished rare earth products and verification processes for raw materials or products being exported to a country considered a national security risk by the government of a country participating in the mechanism; (E) to establish consistent policies among the governments of countries participating in the mechanism and common policies among countries that are not participating to address nonmarket economy countries as the behavior of such countries pertains to rare earth elements; (F) to align policies with respect to supply chain integrity and security, including with respect to protection and enforcement of intellectual property rights; and (G) to promote harmonized foreign direct investment screening measures and export control policies with respect to rare earth elements to align with national, multilateral, and plurilateral security priorities. (c) Annual Report to Congress.--Not later than 1 year after the date on which the Fund is established, and annually thereafter for each fiscal year during which amounts in the Fund are available under subsection (a)(4), the Secretary of State shall submit to the appropriate committees of Congress a report on the status of the implementation of this section that includes a description of-- (1) any commitments made by the governments of countries that have entered into an arrangement or agreement with the United States to provide funding for the Minerals Security Partnership common funding mechanism described in subsection (b)(1) and the specific amount so committed and other cooperative measures being taken by such countries as part of the mechanism; (2) the criteria established for expenditure of funds through the mechanism; (3) how, and to whom, amounts have been expended from the Fund and a description of progress made in utilizing the Fund to support the objectives described in subsection (b)(1); (4) amounts remaining in the Fund; (5) the progress of the Secretary of State toward entering into an arrangement or agreement with the governments of countries that are partners of the United States to participate in the Minerals Security Partnership common funding mechanism and the commitments described in subsection (b)(3); and (6) any additional authorities needed to enhance the effectiveness of the Fund in achieving the security goals of the United States. (d) Notifications To Be Provided by the Fund.-- (1) In general.--Not later than 15 days prior to the Fund making a financial commitment associated with the provision of expenditures under subsection (a)(4)(A) in an amount in excess of $1,000,000, the Secretary of State shall submit to the appropriate committees of Congress a report in writing that includes the information described in paragraph (2). (2) Information required.--The information described in this paragraph is-- (A) the amount of each expenditure described in paragraph (1); (B) an identification of the recipient or beneficiary of each such expenditure; and (C) a description of the project or activity to be carried out and the purpose to be achieved by each such expenditure. (3) Arrangements or agreements.--The Secretary of State shall notify the appropriate committees of Congress not later than 30 days after entering into a new bilateral or multilateral arrangement or agreement described in subsection (a)(4)(B). (e) Foreign Entities of Concern.--A foreign entity of concern may not be a participant or beneficiary of the Minerals Security Partnership common funding mechanism described in subsection (b)(1). (f) Applicability to Existing Fund of the Minerals Security Partnership.--This section shall apply to any fund in the Treasury that has been established before the date of enactment of this Act for use of the Minerals Security Partnership. SEC. 5. WORKFORCE DEVELOPMENT INITIATIVE. As soon as practicable after the date of enactment of this Act, the Secretary shall establish an initiative under which the Secretary shall work with the Secretary of Labor, the Director of the National Science Foundation, the Critical Minerals Subcommittee of the National Science and Technology Council, the private sector, institutions of higher education, and workforce training entities to incentivize and expand participation in graduate and undergraduate programs, and to develop workforce training programs and apprenticeships, relating to advanced rare earth element mining, separation, processing, metallurgy, and advanced equipment maintenance capabilities. SEC. 6. SUPPORT FOR FREELY ASSOCIATED STATES. Section 1412(c) of the Better Utilization of Investments Leading to Development Act of 2018 (22 U.S.C. 9612(c)) is amended by adding at the end the following: ``(3) Support for freely associated states.-- Notwithstanding the income classification of the country with which the geopolitical entity is associated, the Corporation may provide support under title II to a geopolitical entity that is included, as of the date on which support is provided, on the list of dependencies and areas of special sovereignty prepared by the Department of State.''. SEC. 7. PROHIBITION RELATING TO FOREIGN ENTITIES OF CONCERN. None of the funds authorized to be appropriated to carry out this Act may be provided to a foreign entity of concern. SEC. 8. DEFENSE PRODUCTION ACT OF 1950 EFFORTS. (a) In General.--Not later than 180 days after the date of enactment of this Act, the President shall submit to Congress a report on a plan of action for any use of authorities available in title III of the Defense Production Act of 1950 (50 U.S.C. 4531 et seq.) to establish or enhance a domestic production capability for finished rare earth products and related technologies, subject to-- (1) the availability of appropriations for that purpose; and (2) a determination made under the plan pursuant to that title that-- (A) finished rare earth products and related technologies are essential to the national defense; and (B) domestic industrial capabilities are insufficient to meet those needs. (b) Coordination.--The President shall develop the plan of action required by subsection (a) in consultation with any relevant head of a Federal agency, an advisory committee established under section 708(d) of the Defense Production Act of 1950 (50 U.S.C. 4558(d)), and appropriate stakeholders in the private sector. &lt;all&gt; </pre></body></html>
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118S440
Oregon Recreation Enhancement Act
[ [ "W000779", "Sen. Wyden, Ron [D-OR]", "sponsor" ], [ "M001176", "Sen. Merkley, Jeff [D-OR]", "cosponsor" ] ]
<p><b>Oregon Recreation Enhancement Act</b> </p> <p>This bill designates specified Bureau of Land Management land in Oregon as the Rogue Canyon and Molalla Recreation Areas and adds approximately 59,512 acres of federal land to the Wild Rogue Wilderness. </p> <p>The Department of the Interior, for public land, and the Department of Agriculture (USDA), for National Forest System land, must conduct a wildfire risk assessment that covers the recreation areas, the Wild Rogue Wilderness, and any adjacent federal land. Interior and USDA must develop plans to mitigate wildfire risk to communities located near the land.</p> <p>No new permanent or temporary roads shall be constructed within the recreation areas except as necessary for public safety or to implement the wildfire mitigation plan.</p> <p> USDA may take measures within such wilderness additions as are necessary to control fire, insects, and disease. </p> <p>All federal surface and subsurface land within the recreation areas or the wilderness additions is withdrawn from</p> <ul> <li>entry, appropriation, or disposal under the public land laws; </li> <li>location, entry, and patent under the mining laws; and </li> <li>disposition under all laws pertaining to mineral leasing, geothermal leasing, or mineral materials. </li> </ul> <p>The bill also withdraws identified federally owned lands and interests within the Hunter Creek, Pistol River Headwaters Withdrawal Proposal, or the Rough and Ready and Baldface Creeks Mineral Withdrawal Proposal in Curry County and Josephine County, Oregon, and any land or interest in land located within such withdrawal proposals that is acquired by the federal government.</p>
<html><body><pre>[Congressional Bills 118th Congress] [From the U.S. Government Publishing Office] [S. 440 Introduced in Senate (IS)] &lt;DOC&gt; 118th CONGRESS 1st Session S. 440 To designate certain land administered by the Bureau of Land Management and the Forest Service in the State of Oregon as wilderness and national recreation areas, to withdraw certain land located in Curry County and Josephine County, Oregon, from all forms of entry, appropriation, or disposal under the public land laws, location, entry, and patent under the mining laws, and operation under the mineral leasing and geothermal leasing laws, and for other purposes. _______________________________________________________________________ IN THE SENATE OF THE UNITED STATES February 15, 2023 Mr. Wyden (for himself and Mr. Merkley) introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources _______________________________________________________________________ A BILL To designate certain land administered by the Bureau of Land Management and the Forest Service in the State of Oregon as wilderness and national recreation areas, to withdraw certain land located in Curry County and Josephine County, Oregon, from all forms of entry, appropriation, or disposal under the public land laws, location, entry, and patent under the mining laws, and operation under the mineral leasing and geothermal leasing laws, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Oregon Recreation Enhancement Act''. SEC. 2. DEFINITIONS. In this Act: (1) Secretary.--The term ``Secretary'' means-- (A) the Secretary of the Interior, with respect to public land administered by the Secretary of the Interior; or (B) the Secretary of Agriculture, with respect to National Forest System land. (2) State.--The term ``State'' means the State of Oregon. SEC. 3. ROGUE CANYON AND MOLALLA RECREATION AREAS, OREGON. (a) Designation of Rogue Canyon and Molalla Recreation Areas.--For the purposes of protecting, conserving, and enhancing the unique and nationally important recreational, ecological, scenic, cultural, watershed, and fish and wildlife values of the areas, the following areas in the State are designated as recreation areas for management by the Secretary in accordance with subsection (c): (1) Rogue canyon recreation area.--The approximately 98,150 acres of Bureau of Land Management land within the boundary generally depicted as the ``Rogue Canyon Recreation Area'' on the map entitled ``Rogue Canyon Recreation Area Wild Rogue Wilderness Additions'' and dated November 19, 2019, which is designated as the ``Rogue Canyon Recreation Area''. (2) Molalla recreation area.--The approximately 29,884 acres of Bureau of Land Management land within the boundary generally depicted on the map entitled ``Molalla Recreation Area'' and dated September 26, 2018, which is designated as the ``Molalla Recreation Area''. (b) Maps and Legal Descriptions.-- (1) In general.--As soon as practicable after the date of enactment of this Act, the Secretary shall prepare a map and legal description of each recreation area designated by subsection (a). (2) Effect.--The maps and legal descriptions prepared under paragraph (1) shall have the same force and effect as if included in this Act, except that the Secretary may correct any minor errors in the maps and legal descriptions. (3) Public availability.--The maps and legal descriptions prepared under paragraph (1) shall be available for public inspection in the appropriate offices of the Bureau of Land Management. (c) Administration.-- (1) Applicable law.--The Secretary shall administer each recreation area designated by subsection (a)-- (A) in a manner that conserves, protects, and enhances the purposes for which the recreation area is established; and (B) in accordance with-- (i) this section; (ii) the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.); and (iii) other applicable laws. (2) Uses.--The Secretary shall only allow those uses of a recreation area designated by subsection (a) that are consistent with the purposes for which the recreation area is established. (3) Wildfire risk assessment.--Not later than 280 days after the date of enactment of this Act, the Secretary, in consultation with the Oregon Governor's Council on Wildfire Response, shall conduct a wildfire risk assessment that covers-- (A) the recreation areas designated by subsection (a); (B) the Wild Rogue Wilderness; and (C) any Federal land adjacent to an area described in subparagraph (A) or (B). (4) Wildfire mitigation plan.-- (A) In general.--Not later than 1 year after the date on which the wildfire risk assessment is conducted under paragraph (3), the Secretary shall develop a wildfire mitigation plan, based on the wildfire risk assessment, that identifies, evaluates, and prioritizes treatments and other management activities that can be implemented on the Federal land covered by the wildfire risk assessment (other than Federal land designated as a unit of the National Wilderness Preservation System) to mitigate wildfire risk to communities located near the applicable Federal land. (B) Plan components.--The wildfire mitigation plan developed under subparagraph (A) shall include-- (i) vegetation management projects (including mechanical treatments to reduce hazardous fuels and improve forest health and resiliency); (ii) evacuation routes for communities located near the applicable Federal land, which shall be developed in consultation with State and local fire agencies; and (iii) strategies for public dissemination of emergency evacuation plans and routes. (C) Applicable law.--The wildfire mitigation plan under subparagraph (A) shall be developed in accordance with-- (i) this section; and (ii) any other applicable law. (5) Road construction.-- (A) In general.--Except as provided in subparagraph (B) or as the Secretary determines necessary for public safety, no new permanent or temporary roads shall be constructed (other than the repair and maintenance of existing roads) within a recreation area designated by subsection (a). (B) Temporary roads.--Consistent with the purposes of this Act, the Secretary may construct temporary roads within a recreation area designated by subsection (a) to implement the wildfire mitigation plan developed under paragraph (4), unless the temporary road would be within an area designated as a unit of the National Wilderness Preservation System. (C) Effect.--Nothing in this paragraph affects the administration by the Secretary of the Molalla Forest Road in accordance with applicable resource management plans. (6) Effect on wildfire management.--Nothing in this section alters the authority of the Secretary (in cooperation with other Federal, State, and local agencies, as appropriate) to conduct wildland fire operations within a recreation area designated by subsection (a), consistent with the purposes of this Act. (7) Withdrawal.--Subject to valid existing rights, all Federal surface and subsurface land within a recreation area designated by subsection (a) is withdrawn from all forms of-- (A) entry, appropriation, or disposal under the public land laws; (B) location, entry, and patent under the mining laws; and (C) disposition under all laws pertaining to mineral leasing, geothermal leasing, or mineral materials. (8) No effect on wilderness areas.--Any wilderness area located within a recreation area designated by subsection (a) shall be administered in accordance with the Wilderness Act (16 U.S.C. 1131 et seq.). (d) Adjacent Management.--Nothing in this section creates any protective perimeter or buffer zone around a recreation area designated by subsection (a). SEC. 4. EXPANSION OF WILD ROGUE WILDERNESS AREA. (a) Definitions.--In this section: (1) Map.--The term ``map'' means the map entitled ``Rogue Canyon Recreation Area Wild Rogue Wilderness Additions'' and dated November 19, 2019. (2) Wilderness additions.--The term ``Wilderness additions'' means the land added to the Wild Rogue Wilderness under subsection (b)(1). (b) Expansion of Wild Rogue Wilderness Area.-- (1) Expansion.--The approximately 59,512 acres of Federal land in the State generally depicted on the map as ``Proposed Wilderness'' shall be added to and administered as part of the Wild Rogue Wilderness in accordance with the Endangered American Wilderness Act of 1978 (16 U.S.C. 1132 note; Public Law 95-237), except that-- (A) the Secretary of the Interior and the Secretary of Agriculture shall administer the Federal land under their respective jurisdiction; and (B) any reference in that Act to the Secretary of Agriculture shall be considered to be a reference to the Secretary of Agriculture or the Secretary of the Interior, as applicable. (2) Map; legal description.-- (A) In general.--As soon as practicable after the date of enactment of this Act, the Secretary shall prepare a map and legal description of the wilderness area designated by paragraph (1). (B) Force of law.--The map and legal description filed under subparagraph (A) shall have the same force and effect as if included in this section, except that the Secretary may correct typographical errors in the map and legal description. (C) Public availability.--The map and legal description filed under subparagraph (A) shall be on file and available for public inspection in the appropriate offices of the Bureau of Land Management and Forest Service. (3) Fire, insects, and disease.--The Secretary may take such measures within the Wilderness additions as the Secretary determines to be necessary for the control of fire, insects, and disease, in accordance with section 4(d)(1) of the Wilderness Act (16 U.S.C. 1133(d)(1)). (4) Withdrawal.--Subject to valid existing rights, the Wilderness additions are withdrawn from all forms of-- (A) entry, appropriation, or disposal under the public land laws; (B) location, entry, and patent under the mining laws; and (C) disposition under all laws pertaining to mineral leasing, geothermal leasing, or mineral materials. (5) Tribal rights.--Nothing in this subsection alters, modifies, enlarges, diminishes, or abrogates the treaty rights of any Indian Tribe. SEC. 5. WITHDRAWAL OF FEDERAL LAND, CURRY COUNTY AND JOSEPHINE COUNTY, OREGON. (a) Definitions.--In this section: (1) Eligible federal land.--The term ``eligible Federal land'' means-- (A) any federally owned land or interest in land depicted on the Maps as within the Hunter Creek and Pistol River Headwaters Withdrawal Proposal or the Rough and Ready and Baldface Creeks Mineral Withdrawal Proposal; or (B) any land or interest in land located within such withdrawal proposals that is acquired by the Federal Government after the date of enactment of this Act. (2) Maps.--The term ``Maps'' means-- (A) the Bureau of Land Management map entitled ``Hunter Creek and Pistol River Headwaters Withdrawal Proposal'' and dated January 12, 2015; and (B) the Bureau of Land Management map entitled ``Rough and Ready and Baldface Creeks Mineral Withdrawal Proposal'' and dated January 12, 2015. (b) Withdrawal.--Subject to valid existing rights, the eligible Federal land is withdrawn from all forms of-- (1) entry, appropriation, or disposal under the public land laws; (2) location, entry, and patent under the mining laws; and (3) operation under the mineral leasing and geothermal leasing laws. (c) Availability of Maps.--Not later than 30 days after the date of enactment of this Act, the Maps shall be made available to the public at each appropriate office of the Bureau of Land Management. (d) Existing Uses Not Affected.--Except with respect to the withdrawal under subsection (b), nothing in this section restricts recreational uses, hunting, fishing, forest management activities, or other authorized uses allowed on the date of enactment of this Act on the eligible Federal land in accordance with applicable law. &lt;all&gt; </pre></body></html>
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118S441
American Opportunity Accounts Act
[ [ "B001288", "Sen. Booker, Cory A. [D-NJ]", "sponsor" ], [ "D000563", "Sen. Durbin, Richard J. [D-IL]", "cosponsor" ], [ "M000133", "Sen. Markey, Edward J. [D-MA]", "cosponsor" ], [ "M001176", "Sen. Merkley, Jeff [D-OR]", "cosponsor" ], [ "W000817", "Sen. Warren, Elizabeth [D-MA]", "cosponsor" ], [ "S000033", "Sen. Sanders, Bernard [I-VT]", "cosponsor" ], [ "B000944", "Sen. Brown, Sherrod [D-OH]", "cosponsor" ], [ "B001277", "Sen. Blumenthal, Richard [D-CT]", "cosponsor" ], [ "V000128", "Sen. Van Hollen, Chris [D-MD]", "cosponsor" ], [ "S001194", "Sen. Schatz, Brian [D-HI]", "cosponsor" ], [ "W000802", "Sen. Whitehouse, Sheldon [D-RI]", "cosponsor" ], [ "S000148", "Sen. Schumer, Charles E. [D-NY]", "cosponsor" ], [ "B001230", "Sen. Baldwin, Tammy [D-WI]", "cosponsor" ], [ "K000367", "Sen. Klobuchar, Amy [D-MN]", "cosponsor" ], [ "G000555", "Sen. Gillibrand, Kirsten E. [D-NY]", "cosponsor" ], [ "H001046", "Sen. Heinrich, Martin [D-NM]", "cosponsor" ] ]
<p><b>American Opportunity Accounts Act</b></p> <p>This bill establishes tax-exempt American Opportunity Accounts to provide children at birth with a $1,000 savings account with annual contributions up to $2,000 depending on family income. The accounts are available to children at age 18 for specified purposes, including educational expenses, home ownership, and investment that provides long-term returns.</p>
<html><body><pre>[Congressional Bills 118th Congress] [From the U.S. Government Publishing Office] [S. 441 Introduced in Senate (IS)] &lt;DOC&gt; 118th CONGRESS 1st Session S. 441 To establish American opportunity accounts, and for other purposes. _______________________________________________________________________ IN THE SENATE OF THE UNITED STATES February 15, 2023 Mr. Booker (for himself, Mr. Durbin, Mr. Markey, Mr. Merkley, Ms. Warren, Mr. Sanders, Mr. Brown, Mr. Blumenthal, Mr. Van Hollen, Mr. Schatz, Mr. Whitehouse, Mr. Schumer, Ms. Baldwin, Ms. Klobuchar, Mrs. Gillibrand, and Mr. Heinrich) introduced the following bill; which was read twice and referred to the Committee on Finance _______________________________________________________________________ A BILL To establish American opportunity accounts, and for other 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 ``American Opportunity Accounts Act''. (b) Table of Contents.--The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Definitions. Sec. 3. American Opportunity Fund. Sec. 4. AO accounts. Sec. 5. Assignment, alienation, and treatment of deceased individuals. Sec. 6. Rules governing AO accounts relating to investment, accounting, and reporting. Sec. 7. American Opportunity Fund Board. Sec. 8. Fiduciary responsibilities. Sec. 9. Accounts disregarded in determining eligibility for Federal benefits. Sec. 10. Reports. Sec. 11. Programs for promoting financial capability. Sec. 12. Tax treatment. SEC. 2. DEFINITIONS. For purposes of this title-- (1) American opportunity fund.--The term ``American Opportunity Fund'' means the fund established under section 3. (2) AO account.--The term ``AO account'' means an American opportunity account established under section 4. (3) Secretary.--The term ``Secretary'' means the Secretary of the Treasury or the Secretary's delegate. (4) American opportunity fund board.--The term ``American Opportunity Fund Board'' means the board established pursuant to section 7. (5) Executive director.--The term ``Executive Director'' means the executive director appointed pursuant to section 7. SEC. 3. AMERICAN OPPORTUNITY FUND. (a) Establishment.--There is established in the Treasury of the United States a fund to be known as the ``American Opportunity Fund''. (b) Amounts Held by Fund.--The American Opportunity Fund consists of the sum of all amounts paid into the Fund under this title, increased by the total net earnings from investments of sums held in the Fund or reduced by the total net losses from investments of sums held in the Fund, and reduced by the total amount of payments made from the Fund (including payments for administrative expenses). (c) Use of Fund.-- (1) In general.--The sums in the American Opportunity Fund are appropriated and shall remain available without fiscal year limitation-- (A) to make contributions to AO accounts; (B) to invest under section 6; (C) to make distributions in accordance with this title; (D) to pay the administrative expenses of carrying out this title; and (E) to purchase insurance as provided in section 8(c)(2). (2) Exclusive purposes.--The sums in the American Opportunity Fund shall not be appropriated for any purpose other than the purposes specified in this section and may not be used for any other purpose. (d) Transfers to American Opportunity Fund.--The Secretary shall make transfers from the general fund of the Treasury to the American Opportunity Fund as follows: (1) Initial contribution for eligible individuals born after december 31, 2023.--Upon receipt of a certification under section 4(b)(2) with respect to an individual born after December 31, 2023, the Secretary shall transfer $1,000 to the AO account of the individual. (2) Annual contributions.-- (A) In general.--Each year which occurs after the year in which an AO account is established for an eligible individual and before the year the eligible individual attains the age of 18, the Secretary shall transfer the annual contribution amount to the AO account of the individual. (B) Annual contribution amount.--The annual contribution amount shall be the amount such that the annual contribution amount for any taxpayer whose household income is within an income tier specified in the following table shall decrease, on a sliding scale in a linear manner, from the initial amount to the final amount specified in such table for such income tier: ------------------------------------------------------------------------ In the case of household income (expressed as The initial a percent of the poverty line) within the amount is-- The final following income tier: amount is-- ------------------------------------------------------------------------ Up to 100 percent............................. $2,000 $2,000 100 percent up to 125 percent................. 2,000 1,500 125 percent up to 175 percent................. 1,500 1,000 175 percent up to 225 percent................. 1,000 500 225 percent up to 325 percent................. 500 250 325 percent up to 500 percent................. 250 0 500 percent or more........................... 0 0. ------------------------------------------------------------------------ (C) Applicable household income; poverty line.--For purposes of this paragraph-- (i) Applicable household income.--The term ``applicable household income'' means household income (as defined in section 36B(d) of the Internal Revenue Code of 1986), except that-- (I) with respect to any calendar year, the Secretary shall use the income of the second calendar year preceding the calendar year for which the contribution relates; and (II) in determining household income the Secretary shall aggregate the income of married individuals filing separate tax returns. (ii) Special rule for individuals not filing returns.-- (I) In general.--In the case of any taxpayer who was not required to file a return of tax for the tax imposed by section 1 for the taxable year described in clause (i)(I) or for whom the information described in clause (i) is not available for such year, such taxpayer shall be treated as a taxpayer with a household income which is less than 100 percent of the poverty line. (II) Use of other data.--Subclause (I) shall not apply if the Secretary determines, based on such other information from any agency of the United States as the Secretary determines is reliable, that the taxpayer's household income for such year is 100 percent of the poverty line or greater. (iii) Poverty line.--The term ``poverty line'' has the meaning given such term under section 36B(d) of the Internal Revenue Code of 1986. (D) Authority to provide tax information.-- (i) In general.--Section 6103(l) of the Internal Revenue Code of 1986 is amended by adding at the end the following new paragraph: ``(23) Disclosure of return information to carry out eligibility requirements for certain programs.-- ``(A) In general.--The Secretary shall disclose to officers and employees of the Department of the Treasury or the American Opportunity Fund Board return information of any taxpayer whose income is relevant in determining any annual contribution to an American Opportunity Account under section 3 of the American Opportunity Accounts Act. Such return information shall be limited to-- ``(i) taxpayer identity information with respect to such taxpayer, ``(ii) the filing status of such taxpayer, ``(iii) the number of individuals for whom a deduction is allowed under section 151 with respect to the taxpayer (including the taxpayer and the taxpayer's spouse), ``(iv) the modified adjusted gross income (as defined in section 36B) of such taxpayer, of any spouse of such taxpayer who filed a separate return, and of each of the other individuals included under clause (iii) who are required to file a return of tax imposed by chapter 1 for the taxable year, ``(v) such other information as is prescribed by the Secretary by regulation as might indicate whether the taxpayer is eligible for such an annual contribution (and the amount thereof), and ``(vi) the taxable year with respect to which the preceding information relates or, if applicable, the fact that such information is not available. ``(B) Restriction on use of disclosed information.--Return information disclosed under subparagraph (A) may be used by officers and employees of the Department of the Treasury or the American Opportunity Fund Board for the purposes of, and to the extent necessary in establishing eligibility for, and verifying the appropriate amount of, any annual contribution described in subparagraph (A).''. (ii) Procedures and recordkeeping related to disclosures.--Paragraph (4) of section 6103(p) of such Code is amended by striking ``or (22)'' each place it appears and inserting ``(22), or (23)''. (E) Study on incorporation of other wealth factors.--Not later than 2 years after the date of the enactment of this Act, the Comptroller General shall submit to Congress and the Secretary of the Treasury a report on the feasibility and distributive impacts of a new measure for determining the amount of the annual contribution amount under this paragraph based on family wealth, total assets, and overall net worth. Such measure may-- (i) include financial assets, the value of family home, retirement accounts, business and entrepreneurial ventures, potential future inheritances, and any other assets or debts; and (ii) continue to factor in current or past income to the extent such information is useful in estimating overall household wealth. (3) Adjustment for inflation.-- (A) In general.--For each calendar year beginning after 2024, each of the dollar amounts under paragraphs (1) and (2)(B)(i) shall be increased by such dollar amount multiplied by the cost-of-living adjustment determined under section 1(f)(3) of the Internal Revenue Code of 1986 determined by substituting ``calendar year 2023'' for ``calendar year 2016'' in subparagraph (A)(ii) thereof. (B) Rounding.--If any amount adjusted under paragraph (1) is not a multiple of $50, such amount shall be rounded to the next lowest multiple of $50. (e) Prohibition on Use of Payroll Taxes To Fund AO Accounts.--The American Opportunity Fund and AO accounts are wholly separate and unique from the Social Security system. No amount from any tax on employment may be contributed to the American Opportunity Fund or AO accounts. SEC. 4. AO ACCOUNTS. (a) In General.-- (1) Establishment.--The Executive Director shall establish in the American Opportunity Fund an account (to be known as an ``American Opportunity account'' or an ``AO account'') for each eligible individual certified under subsection (b). Each such account shall be identified to its account holder by means of a unique personal identifier currently recognized by the Internal Revenue Service and shall remain in the American Opportunity Fund. (2) Account balance.--The balance in an account holder's AO account at any time is the excess of-- (A) the sum of-- (i) all deposits made into the American Opportunity Fund and credited to the account under paragraph (3); and (ii) the total amount of allocations made to and reductions made in the account pursuant to paragraph (4); over (B) the amounts paid out of the account with respect to such individual under subsection (c). (3) Crediting of contributions.--Pursuant to regulations which shall be prescribed by the Executive Director, the Executive Director shall credit to each AO account the amounts paid into the American Opportunity Fund under section 3(d) which are attributable to the account holder of such account. (4) Allocation of earnings and losses.--The Executive Director shall allocate to each AO account an amount equal to the net earnings and net losses from each investment of sums in the American Opportunity Fund which are attributable, on a pro rata basis, to sums credited to such account, reduced by an appropriate share of the administrative expenses paid out of the net earnings, as determined by the Executive Director. (b) Eligible Individual.--For purposes of this title-- (1) In general.--The term ``eligible individual'' means any individual who-- (A) was born after December 31, 2007; (B) has not yet attained the age of 18 years; and (C) has a valid, unique, Federal Government issued identification number recognized by the Internal Revenue Service. (2) Certification of account holders.-- (A) Automatic certification for certain individuals born after december 31, 2023.--On any date after December 31, 2023, on which an eligible individual is issued a social security account number under section 203(c)(2) of the Social Security Act, the Commissioner of Social Security shall certify to the Executive Director and the Secretary of the Treasury the name of, and social security number issued to, such eligible individual. (B) Other individuals.--In the case of an eligible individual who is not certified under subparagraph (A), such individual may request the establishment an AO account under this subparagraph by application to the Executive Director, and the Executive Director shall certify such individual under this subparagraph. (c) Restrictions on Distributions.-- (1) Age-related restrictions.-- (A) In general.--Except as otherwise provided in this paragraph, no amount may be distributed from an AO account before the date on which the account holder attains the age of 18. (B) Higher education expenses.--Subparagraph (A) shall not apply to amounts paid for qualified tuition and related expenses (as defined in section 25A(f)(1) of the Internal Revenue Code of 1986) of the account holder if the account holder is an eligible student (as defined in section 25A(b)(3) of such Code) with respect to such expenses. (C) Authority to provide higher age limit for certain distributions.--The Secretary, in consultation with the American Opportunity Fund Advisory Board, may by regulations provide for a higher age limitation with respect to distributions relating to certain categories of qualified expenses if the Secretary determines that such higher age limitation is appropriate. (2) Use-related restrictions.-- (A) In general.--No amount may be distributed from an AO account unless the account holder establishes, under rules established by the Executive Director in consultation with the American Opportunity Fund Advisory Board, that such amount shall be used for a qualified expense. (B) Qualified expense.--For purposes of this subsection-- (i) In general.--The term ``qualified expense'' means expenses for any of the following: (I) Education of the account holder at-- (aa) an institution of higher education (as defined in section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001)); or (bb) an area career and technical education school (as defined in section 3 of the Carl D. Perkins Career and Technical Education Act of 2006 (20 U.S.C. 2302)). (II) Ownership of a home by the account holder. (III) Any expenses paid or incurred on or after the date on which the account holder attains age 59\1/2\. (IV) Any other investment in financial assets or personal capital that provides long-term gains to wages and wealth, as established under regulations promulgated by the Secretary, in consultation with the Executive Director and the American Opportunity Fund Advisory Board. (ii) Exception.--Such term shall not include any expense described in clause (i) which is paid to a person who does not meet such standards as are prescribed by the Secretary, in consultation with the Executive Director and the American Opportunity Fund Advisory Board. (3) American opportunity account advisory board.--For purposes of this subsection, the term ``American Opportunity Fund Advisory Board'' means an advisory board established by the Secretary consisting of individuals with expertise in savings and asset-building, home financing, education financing, consumer financial protection, and such other areas as the Secretary may determine appropriate. SEC. 5. ASSIGNMENT, ALIENATION, AND TREATMENT OF DECEASED INDIVIDUALS. (a) Assignment and Alienation.--Under regulations which shall be prescribed by the Executive Director, rules relating to assignment and alienation applicable under chapter 84 of title 5, United States Code, with respect to amounts held in accounts in the Thrift Savings Fund shall apply with respect to amounts held in AO accounts in the American Opportunity Fund. (b) Treatment of Accounts of Deceased Individuals.--In the case of a deceased account holder of an AO account which has an account balance greater than zero, upon receipt of notification of such individual's death, the Executive Director shall close the account and shall transfer the balance in such account to the AO account of such account holder's surviving spouse or, if there is no such account of a surviving spouse, to the duly appointed legal representative of the estate of the deceased account holder, or if there is no such representative, to the person or persons determined to be entitled thereto under the laws of the domicile of the deceased account holder. SEC. 6. RULES GOVERNING AO ACCOUNTS RELATING TO INVESTMENT, ACCOUNTING, AND REPORTING. (a) Investment Program.-- (1) In general.--The American Opportunity Fund Board shall invest amounts in the American Opportunity Fund in securities of the United States Government issued as provided in paragraph (2). (2) Securities.-- (A) In general.--The Secretary of the Treasury is authorized to issue special interest-bearing obligations of the United States for purchase by the American Opportunity Fund. (B) Investment.-- (i) Obligations issued for the purpose of this paragraph shall have maturities fixed with due regard to the needs of the American Opportunity Fund as determined by the Executive Director, and shall bear interest at a rate equal to the average market yield (computed by the Secretary of the Treasury on the basis of market quotations as of the end of the calendar month next preceding the date of issue of such obligations) on all marketable interest-bearing obligations of the United States then forming a part of the public debt which are not due or callable earlier than 10 years after the end of such calendar month. (ii) Any average market yield computed under clause (i) which is not a multiple of one-eighth of 1 percent, shall be rounded to the nearest multiple of one-eighth of 1 percent. (b) Independent Public Accountant.-- (1) In general.--Under regulations which shall be prescribed by the Executive Director, and subject to the provisions of this title, section 8439(b) of title 5, United States Code (relating to engagement of independent qualified public accountant), shall apply with respect to the American Opportunity Fund and accounts maintained in such Fund in the same manner and to the same extent as such section relates to the Thrift Savings Fund and the accounts maintained in the Thrift Savings Fund. (2) Application rules.--For purposes of paragraph (1), references in such section 8439(b) to an employee, Member, former employee, or former Member shall be deemed references to an account holder of an AO account in the American Opportunity Fund. (c) Confidentiality and Disclosure.-- (1) In general.--Except as otherwise authorized by Federal law, the American Opportunity Fund Board, the Executive Director, and any employee of the American Opportunity Fund Board shall not disclose information with respect to the American Opportunity Fund or any account maintained in such Fund. (2) Disclosure to designee of beneficiary.--The Executive Director may, subject to such requirements and conditions as he may prescribe by regulations, disclose such information with respect to the AO account of the beneficiary to such person or persons as the beneficiary may designate in a request for or consent to such disclosure, or to any other person at the beneficiary's request to the extent necessary to comply with a request for information or assistance made by the beneficiary to such other person. SEC. 7. AMERICAN OPPORTUNITY FUND BOARD. (a) In General.--There is established in the executive branch of the Government an American Opportunity Fund Board. (b) Composition, Duties, and Responsibilities.--Subject to the provisions of this title, the following provisions shall apply with respect to the American Opportunity Fund Board in the same manner and to the same extent as such provisions relate to the Federal Retirement Thrift Investment Board: (1) Section 8472 of title 5, United States Code (relating to composition of Federal Retirement Thrift Investment Board). (2) Section 8474 of such title (relating to Executive Director). (3) Section 8476 of such title (relating to administrative provisions). SEC. 8. FIDUCIARY RESPONSIBILITIES. (a) In General.--Under regulations of the Secretary of Labor, the provisions of sections 8477 and 8478 of title 5, United States Code, shall apply in connection with the American Opportunity Fund and the accounts maintained in such Fund in the same manner and to the same extent as such provisions apply in connection with the Thrift Savings Fund and the accounts maintained in the Thrift Savings Fund. (b) Investigative Authority.--Any authority available to the Secretary of Labor under section 504 of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1134) is hereby made available to the Secretary of Labor, and any officer designated by the Secretary of Labor, to determine whether any person has violated, or is about to violate, any provision applicable under subsection (a). (c) Exculpatory Provisions; Insurance.-- (1) In general.--Any provision in an agreement or instrument which purports to relieve a fiduciary from responsibility or liability for any responsibility, obligation, or duty under this title shall be void. (2) Insurance.--Amounts in the American Opportunity Fund available for administrative expenses shall be available and may be used at the discretion of the Executive Director to purchase insurance to cover potential liability of persons who serve in a fiduciary capacity with respect to the Fund and accounts maintained therein, without regard to whether a policy of insurance permits recourse by the insurer against the fiduciary in the case of a breach of a fiduciary obligation. SEC. 9. ACCOUNTS DISREGARDED IN DETERMINING ELIGIBILITY FOR FEDERAL BENEFITS. Amounts in any AO account shall not be taken into account in determining any individual's or household's financial eligibility for, or amount of, any benefit or service, paid for in whole or in part with Federal funds, including student financial aid. SEC. 10. REPORTS. (a) Reports to Congress.--The Executive Director, in consultation with the Secretary, shall annually transmit a written report to the Congress. Such report shall include-- (1) a detailed description of the status and operation of the American Opportunity Fund and the management of the AO accounts; and (2) a detailed accounting of the administrative expenses in carrying out this title, including the ratio of such administrative expenses to the balance of the American Opportunity Fund and the methodology adopted by the Executive Director for allocating such expenses among the AO accounts. (b) Reports to Account Holders.--The American Opportunity Fund Board shall prescribe regulations under which each individual for whom an AO account is maintained shall be furnished with an annual statement relating to the individual's account, which shall include-- (1) a statement of the balance of individual's AO account; (2) a projection of the account's growth by the time the individual attains the age of 18; and (3) such other information as the Secretary deems relevant. SEC. 11. PROGRAMS FOR PROMOTING FINANCIAL CAPABILITY. The Secretary of the Treasury, in coordination with the Financial Literacy and Education Commission, shall develop programs to promote the financial capability of account holders of AO accounts. SEC. 12. TAX TREATMENT. (a) Contributions and Distributions.--Part III of subchapter B of chapter 1 of the Internal Revenue Code of 1986 is amended by inserting after section 139I the following new section: ``SEC. 139J. CONTRIBUTIONS TO AND DISTRIBUTIONS FROM AO ACCOUNTS. ``Gross income shall not include-- ``(1) any contribution credited to the AO account of the taxpayer under section 4(a)(3) of the American Opportunity Accounts Act, and ``(2) any distribution from such an AO account.''. (b) Tax Treatment of Earnings and Distributions.--Subchapter F of chapter 1 of the Internal Revenue Code of 1986 is amended by adding at the end the following new part: ``PART IX--AMERICAN OPPORTUNITY FUND AND AO ACCOUNTS ``Sec. 530A. American Opportunity Fund and AO accounts. ``SEC. 530A. AMERICAN OPPORTUNITY FUND AND AO ACCOUNTS. ``(a) General Rule.--The American Opportunity Fund and AO accounts shall be exempt from taxation under this subtitle. Notwithstanding the preceding sentence, a AO account shall be subject to the taxes imposed by section 511 (relating to imposition of tax on unrelated business income of charitable organizations). ``(b) Definitions.--For purposes of this section, the terms `American Opportunity Fund' and `AO account' have the meanings given such terms under the American Opportunity Accounts Act.''. (c) Conforming Amendments.-- (1) The table of sections for part III of subchapter B of chapter 1 of the Internal Revenue Code of 1986 is amended by inserting after the item related to section 139I the following new item: ``Sec. 139J. Contributions to and distributions from AO accounts.''. (2) The table of parts for subchapter F of chapter 1 of such Code is amended by adding at the end the following new item: ``Part IX--American Opportunity Fund and AO Accounts''. (d) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2023. &lt;all&gt; </pre></body></html>
[ "Taxation", "Advisory bodies", "Congressional oversight", "Employee benefits and pensions", "Executive agency funding and structure", "Financial services and investments", "Government studies and investigations", "Government trust funds", "Higher education", "Housing finance and home ownership", "Income tax exclusion", "Inflation and prices", "Securities", "Student aid and college costs", "Tax administration and collection, taxpayers", "Vocational and technical education", "Wages and earnings" ]
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118S442
Cutting Off Communist Profiteers Act
[ [ "B001261", "Sen. Barrasso, John [R-WY]", "sponsor" ], [ "L000571", "Sen. Lummis, Cynthia M. [R-WY]", "cosponsor" ], [ "B001310", "Sen. Braun, Mike [R-IN]", "cosponsor" ], [ "H000601", "Sen. Hagerty, Bill [R-TN]", "cosponsor" ], [ "B001319", "Sen. Britt, Katie Boyd [R-AL]", "cosponsor" ], [ "B001305", "Sen. Budd, Ted [R-NC]", "cosponsor" ] ]
<html><body><pre>[Congressional Bills 118th Congress] [From the U.S. Government Publishing Office] [S. 442 Introduced in Senate (IS)] &lt;DOC&gt; 118th CONGRESS 1st Session S. 442 To amend title 18, United States Code, to prohibit former Presidential appointees from acting on behalf of the Government of the People's Republic of China, the Chinese Communist Party, and Chinese military companies. _______________________________________________________________________ IN THE SENATE OF THE UNITED STATES February 15, 2023 Mr. Barrasso (for himself, Ms. Lummis, Mr. Braun, Mr. Hagerty, and Mrs. Britt) introduced the following bill; which was read twice and referred to the Committee on the Judiciary _______________________________________________________________________ A BILL To amend title 18, United States Code, to prohibit former Presidential appointees from acting on behalf of the Government of the People's Republic of China, the Chinese Communist Party, and Chinese military companies. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Cutting Off Communist Profiteers Act''. SEC. 2. POST-EMPLOYMENT LIMITATIONS ON PRESIDENTIAL APPOINTEES WITH RESPECT TO CHINA. Section 207 of title 18, United States Code, is amended-- (1) by redesignating subsections (g) through (l) as subsection (h) through (m), respectively; and (2) by inserting after subsection (f) the following: ``(g) Post-Employment Limitations on Presidential Appointees With Respect to China.-- ``(1) Definitions.--In this subsection: ``(A) Chinese entity.--The term `Chinese entity' means-- ``(i) the Government of the People's Republic of China; ``(ii) the Chinese Communist Party; ``(iii) an entity listed in accordance with section 1237(b) of the Strom Thurmond National Defense Authorization Act for Fiscal Year 1999 (Public Law 105-261; 50 U.S.C. 1701 note); ``(iv) an entity identified under section 1260H of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 (Public Law 116-283; 134 Stat. 3965); and ``(v) an entity based in the People's Republic of China that is included on the entity list maintained by the Bureau of Industry and Security of the Department of Commerce and set forth in Supplement No. 4 to part 744 of title 15, Code of Federal Regulations.''. ``(B) Former presidential appointee.--The term `Former presidential appointee' means an individual who formerly served in a position in any department or agency of the United States pursuant to an appointment made by the President. ``(2) Prohibition.--A former Presidential appointee who-- ``(A) knowingly represents a Chinese entity before any officer or employee of a department or agency of the United States with the intent to influence a decision of the officer or employee in carrying out the official duties of the officer or employee; or ``(B) knowingly aids or advises a Chinese entity with the intent to influence a decision of any officer or employee of a department or agency of the United States in carrying out the official duties of the officer or employee, shall be punished as provided in section 216.''. &lt;all&gt; </pre></body></html>
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118S443
Supply Chain Disruptions Relief Act
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<p><strong>Supply Chain Disruptions Relief Act</strong></p> <p>This bill modifies the treatment of liquidations of new motor vehicle inventory as qualified LIFO (last in first out accounting method) inventory. It allows new motor vehicle dealers to elect to wait until the end of 2025 to replace their inventory for purposes of determining income attributable to the sale of such inventory during 2020 and 2021.</p>
<html><body><pre>[Congressional Bills 118th Congress] [From the U.S. Government Publishing Office] [S. 443 Introduced in Senate (IS)] &lt;DOC&gt; 118th CONGRESS 1st Session S. 443 To treat certain liquidations of new motor vehicle inventory as qualified liquidations of LIFO inventory for purposes of the Internal Revenue Code of 1986. _______________________________________________________________________ IN THE SENATE OF THE UNITED STATES February 15, 2023 Mr. Brown (for himself, Mr. Scott of South Carolina, Ms. Baldwin, Mr. Blumenthal, Mr. Cardin, Mr. Carper, Mr. Coons, Ms. Cortez Masto, Ms. Duckworth, Mrs. Feinstein, Ms. Hassan, Mr. Kelly, Mr. King, Ms. Klobuchar, Mr. Manchin, Mrs. Murray, Mr. Padilla, Mr. Peters, Mrs. Shaheen, Ms. Smith, Ms. Stabenow, Mr. Tester, Mr. Van Hollen, Mr. Warnock, Mr. Barrasso, Mrs. Blackburn, Mr. Boozman, Mr. Braun, Mrs. Capito, Mr. Cassidy, Mr. Cornyn, Mr. Cramer, Mr. Crapo, Mr. Daines, Mr. Grassley, Mr. Hagerty, Mr. Hoeven, Mrs. Hyde-Smith, Mr. Johnson, Mr. Lankford, Ms. Lummis, Mr. Marshall, Mr. Moran, Mr. Risch, Mr. Rounds, Mr. Rubio, Mr. Scott of Florida, Mr. Thune, Mr. Tillis, and Mr. Wicker) introduced the following bill; which was read twice and referred to the Committee on Finance _______________________________________________________________________ A BILL To treat certain liquidations of new motor vehicle inventory as qualified liquidations of LIFO inventory for purposes of the Internal Revenue Code of 1986. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Supply Chain Disruptions Relief Act''. SEC. 2. TREATMENT OF CERTAIN LIQUIDATIONS OF NEW MOTOR VEHICLE INVENTORY AS QUALIFIED LIQUIDATIONS OF LIFO INVENTORY. (a) In General.--In the case of any dealer of new motor vehicles which inventories new motor vehicles under the LIFO method for any specified taxable year, the requirements of paragraphs (1)(B) and (2) of section 473(c) of the Internal Revenue Code of 1986 shall be treated as satisfied with respect to such inventory for such taxable year. (b) Additional Relief.-- (1) In general.--The Secretary shall, not later than the date which is 90 days after the date of the enactment of this Act, prescribe regulations or other guidance under which dealers of new motor vehicles with a qualified liquidation (determined after application of subsection (a)) of new motor vehicles for any specified taxable year may elect-- (A) to not recognize any income in the specified taxable year which is solely attributable to such qualified liquidation, and (B) to treat the replacement period with respect to such liquidation as being the period beginning with the first taxable year after such specified taxable year and ending with the earlier of-- (i) the first taxable year after such liquidation with respect to which such dealer does not inventory new motor vehicles under the LIFO method, or (ii) the last taxable year ending before January 1, 2026. (2) Failure to fully replace liquidated vehicles during replacement period.--If, as of the close of the replacement period, the taxpayer has failed to replace all liquidated vehicles with respect to a qualified liquidation to which paragraph (1) applies, the taxpayer shall increase gross income for the last taxable year of the replacement period by the sum of-- (A) the aggregate amount of income that would have been required to be recognized in the liquidation year had the taxpayer elected to apply the provisions of section 473 of the Internal Revenue Code of 1986 and not made the election in paragraph (1), plus (B) interest thereon at the underpayment rate established under section 6621 of such Code. (3) Elections.-- (A) In general.--Except to the extent provided in subparagraph (B), an election under paragraph (1) with respect to any specified taxable year shall be made by the due date (including extensions) for filing the taxpayer's return of tax for such taxable year and in such manner as the Secretary may prescribe. Once made, any such election shall be irrevocable. (B) Certain elections treated as change in method of accounting.--In the case of an election with respect to a specified taxable year for which the return of tax has already been filed before the date of the enactment of this Act, any election under paragraph (1) for such specified taxable year may be made on the return of tax for the first taxable year ending after the date of the enactment of this Act and shall be treated for purposes of section 481 of the Internal Revenue Code of 1986 as a change in method of accounting initiated by the taxpayer and made with the consent of the Secretary. (c) Definitions.--For purposes of this section-- (1) Specified taxable year.--The term ``specified taxable year'' means any liquidation year ending after March 12, 2020, and before January 1, 2022. (2) New motor vehicle.--The term ``new motor vehicle'' means a motor vehicle-- (A) which is described in section 163(j)(9)(C)(i) of the Internal Revenue Code of 1986, and (B) the original use of which has not commenced. (3) Secretary.--The term ``Secretary'' means the Secretary of the Treasury or the Secretary's delegate. (4) Other terms.--Except as otherwise provided in this section, terms used in this section which are also used in section 473 of the Internal Revenue Code of 1986 shall have the same meaning as when used in such section 473. &lt;all&gt; </pre></body></html>
[ "Taxation", "Accounting and auditing", "Administrative law and regulatory procedures", "Department of the Treasury", "Income tax deferral", "Motor vehicles", "Tax administration and collection, taxpayers" ]
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118S444
No WHO Pandemic Preparedness Treaty Without Senate Approval Act
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<html><body><pre>[Congressional Bills 118th Congress] [From the U.S. Government Publishing Office] [S. 444 Introduced in Senate (IS)] &lt;DOC&gt; 118th CONGRESS 1st Session S. 444 To require any convention, agreement, or other international instrument on pandemic prevention, preparedness, and response reached by the World Health Assembly to be subject to Senate ratification. _______________________________________________________________________ IN THE SENATE OF THE UNITED STATES February 15, 2023 Mr. Johnson (for himself, Mr. Barrasso, Mrs. Blackburn, Mr. Braun, Mrs. Britt, Mr. Cotton, Mr. Cruz, Mr. Daines, Mr. Grassley, Mr. Hagerty, Mr. Hoeven, Mr. Lee, Mr. Marshall, Mr. Rubio, Mr. Scott of Florida, Mr. Tillis, and Mr. Tuberville) introduced the following bill; which was read twice and referred to the Committee on Foreign Relations _______________________________________________________________________ A BILL To require any convention, agreement, or other international instrument on pandemic prevention, preparedness, and response reached by the World Health Assembly to be subject to Senate ratification. Be it enacted by the Senate 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 WHO Pandemic Preparedness Treaty Without Senate Approval Act''. SEC. 2. FINDINGS. Congress makes the following findings: (1) On May 18, 2020, President Donald Trump sent a letter to World Health Organization (referred to in this Act as ``WHO'') Director-General Tedros Adhanom Ghebreyesus (referred to in this Act as the ``Director-General''), announcing that-- (A) United States contributions to WHO would be halted due its mismanagement of the COVID-19 outbreak and its lack of independence from the People's Republic of China; and (B) the United States would withdraw from WHO if it did not commit to substantive improvements within 30 days. (2) President Trump's May 18 letter cited numerous instances of WHO mismanagement of the COVID-19 pandemic, including-- (A) unjustified delays informing member states about a potentially serious disease outbreak in Wuhan, China; and (B) repeated grossly inaccurate or misleading claims about the transmissibility of the virus and about the Government of China's handling of the outbreak. (3) On June 30, 2020, Secretary of State Mike Pompeo formally notified the United Nations of the United States decision to withdraw from WHO, which would have taken effect on July 6, 2021, under the terms of a joint resolution adopted by Congress on June 14, 1948 (Public Law 80-643; 62 Stat. 441). (4) A Pew Research Center survey conducted in April and May 2020 indicated that 51 percent of Americans felt that WHO had done a poor or fair job in managing the COVID-19 pandemic. (5) On January 20, 2021, President Joseph Biden sent United Nations Director-General Antonio Guterres a letter retracting the United States notice of withdrawal from WHO. (6) On December 1, 2021, at the second special session of the World Health Assembly (referred to in this Act as the ``WHA'') decided-- (A) to establish an intergovernmental negotiating body (referred to in this section as the ``INB'') to draft and negotiate a WHO convention (referred to in this section as the ``Convention''), agreement, or other international instrument on pandemic prevention, preparedness, and response, with a view to adoption under article 19 or any other provision of the WHO Constitution; and (B) that the INB shall submit a progress report to the Seventy-sixth WHA and a working draft of the convention for consideration by the Seventy-seventh WHA, which is scheduled to take place beginning on March 18, 2024. (7) On February 24, March 14 and 15, and June 6 through 8 and 15 through 17, 2022, the INB held its inaugural meeting at which the Director-General proposed the following 5 themes to guide the INB's work in drafting the Convention: (A) Building national, regional, and global capacities based on a whole-of-government and whole-of- society approach. (B) Establishing global access and benefit sharing for all pathogens, and determining a global policy for the equitable production and distribution of countermeasures. (C) Establishing robust systems and tools for pandemic preparedness and response. (D) Establishing a long-term plan for sustainable financing to ensure support for global health threat management and response systems. (E) Empowering WHO to fulfill its mandate as the directing and coordinating authority on international health work, including for pandemic preparedness and response. (8) On July 18 through 22, 2022, the INB held its second meeting at which it agreed that the Convention would be adopted under article 19 of the WHO Constitution and legally binding on the parties. (9) On December 5 through 7, 2022, the INB held its third meeting at which it accepted a conceptual zero draft of the Convention and agreed to prepare a zero draft for consideration at the INB's next meeting. (10) In early January 2023, an initial draft of the Convention was sent to WHO member states in advance of its formal introduction at the fourth meeting of the INB, which is scheduled for February 27 through March 3, 2023. The draft includes broad and binding provisions, including rules governing parties' access to pathogen genomic sequences and how the products or benefits of such access are to be distributed. (11) Section 723.3 of title 11 of the Department of State's Foreign Affairs Manual states that when ``determining whether any international agreement should be brought into force as a treaty or as an international agreement other than a treaty, the utmost care is to be exercised to avoid any invasion or compromise of the constitutional powers of the President, the Senate, and the Congress as a whole'' and includes the following criteria to be considered when determining whether an international agreement should take the form of a treaty or an executive agreement: (A) ``The extent to which the agreement involves commitments or risks affecting the nation as a whole''. (B) ``Whether the agreement is intended to affect state laws''. (C) ``Whether the agreement can be given effect without the enactment of subsequent legislation by the Congress''. (D) ``Past U.S. practice as to similar agreements''. (E) ``The preference of the Congress as to a particular type of agreement''. (F) ``The degree of formality desired for an agreement''. (G) ``The proposed duration of the agreement, the need for prompt conclusion of an agreement, and the desirability of concluding a routine or short-term agreement''. (H) ``The general international practice as to similar agreements''. SEC. 3. SENSE OF THE SENATE. It is the sense of the Senate that-- (1) a significant segment of the American public is deeply skeptical of the World Health Organization, its leadership, and its independence from the pernicious political influence of certain member states, including the People's Republic of China; (2) the Senate strongly prefers that any agreement related to pandemic prevention, preparedness, and response adopted by the World Health Assembly pursuant to the work of the INB be considered a treaty requiring the advice and consent of the Senate, with two-thirds of Senators concurring; (3) the scope of the agreement which the INB has been tasked with drafting, as outlined by the Director-General, is so broad that any application of the factors referred to in section 2(11) will weigh strongly in favor of it being considered a treaty; and (4) given the level of public distrust, any relevant new agreement by the World Health Assembly which cannot garner the two-thirds vote needed for Senate ratification should not be agreed to or implemented by the United States. SEC. 4. ANY WORLD HEALTH AGENCY CONVENTION OR AGREEMENT OR OTHER INTERNATIONAL INSTRUMENT RESULTING FROM THE INTERNATIONAL NEGOTIATING BODY'S FINAL REPORT DEEMED TO BE A TREATY SUBJECT TO ADVICE AND CONSENT OF THE SENATE. Notwithstanding any other provision of law, any convention, agreement, or other international instrument on pandemic prevention, preparedness, and response reached by the World Health Assembly pursuant to the recommendations, report, or work of the International Negotiating Body established by the second special session of the World Health Assembly is deemed to be a treaty that is subject to the requirements of article II, section 2, clause 2 of the Constitution of the United States, which requires the advice and consent of the Senate, with two-thirds of Senators concurring. &lt;all&gt; </pre></body></html>
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118S445
Grizzly Bear State Management Act of 2023
[ [ "L000571", "Sen. Lummis, Cynthia M. [R-WY]", "sponsor" ], [ "B001261", "Sen. Barrasso, John [R-WY]", "cosponsor" ], [ "C000880", "Sen. Crapo, Mike [R-ID]", "cosponsor" ], [ "D000618", "Sen. Daines, Steve [R-MT]", "cosponsor" ], [ "R000584", "Sen. Risch, James E. [R-ID]", "cosponsor" ] ]
<p><b>Grizzly Bear State Management Act of 2023</b></p> <p>This bill requires the Department of the Interior to remove the Greater Yellowstone ecosystem population of grizzly bears from the list of endangered and threatened wildlife.</p>
<html><body><pre>[Congressional Bills 118th Congress] [From the U.S. Government Publishing Office] [S. 445 Introduced in Senate (IS)] &lt;DOC&gt; 118th CONGRESS 1st Session S. 445 To direct the Secretary of the Interior to reissue a final rule relating to removing the Greater Yellowstone Ecosystem population of grizzly bears from the Federal list of endangered and threatened wildlife, and for other purposes. _______________________________________________________________________ IN THE SENATE OF THE UNITED STATES February 15, 2023 Ms. Lummis (for herself, Mr. Barrasso, Mr. Crapo, Mr. Daines, and Mr. Risch) introduced the following bill; which was read twice and referred to the Committee on Environment and Public Works _______________________________________________________________________ A BILL To direct the Secretary of the Interior to reissue a final rule relating to removing the Greater Yellowstone Ecosystem population of grizzly bears from the Federal list of endangered and threatened wildlife, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Grizzly Bear State Management Act of 2023''. SEC. 2. REISSUANCE OF FINAL RULE RELATING TO GREATER YELLOWSTONE ECOSYSTEM POPULATION OF GRIZZLY BEARS. (a) In General.--Not later than 180 days after the date of enactment of this Act, the Secretary of the Interior shall reissue the final rule entitled ``Endangered and Threatened Wildlife and Plants; Removing the Greater Yellowstone Ecosystem Population of Grizzly Bears From the Federal List of Endangered and Threatened Wildlife'' (82 Fed. Reg. 30502 (June 30, 2017)), without regard to any other provision of law that applies to the issuance of that final rule. (b) No Judicial Review.--The reissuance of the final rule described in subsection (a) (including this section) shall not be subject to judicial review. &lt;all&gt; </pre></body></html>
[ "Environmental Protection", "Administrative law and regulatory procedures", "Department of the Interior", "Endangered and threatened species", "Idaho", "Judicial review and appeals", "Mammals", "Montana", "Wyoming" ]
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118S446
Trading System Preservation Act
[ [ "C001088", "Sen. Coons, Christopher A. [D-DE]", "sponsor" ], [ "Y000064", "Sen. Young, Todd [R-IN]", "cosponsor" ] ]
<p><strong>Trading System Preservation Act</strong></p> <p>This bill authorizes the President to enter into covered plurilateral trade agreements. <em>Covered plurilateral trade agreement</em> refers to a sector-specific agreement within the framework of the World Trade Organization (WTO) involving foreign countries or foreign territories that form a subset of the members of the WTO that does not extend benefits on a most-favored-nation basis.</p> <p>Specifically, the bill requires the U.S. Trade Representative to provide a classified briefing to specified congressional committees on the feasibility and advisability of pursuing and adopting covered plurilateral trade agreements.</p> <p>After the congressional briefing, the bill directs the President to initiate negotiations for a covered plurilateral trade agreement when the President determines it is in the national interest to do so. </p> <p>The bill authorizes the President to enter into these agreements in specified sectors of the economy (e.g., digital services and pharmaceuticals), with such authority expiring on July 1, 2028. Further, the President may proclaim a modification or continuance of any existing duty or continuance of existing excise or duty-free treatment to carry out an agreement.</p>
<html><body><pre>[Congressional Bills 118th Congress] [From the U.S. Government Publishing Office] [S. 446 Introduced in Senate (IS)] &lt;DOC&gt; 118th CONGRESS 1st Session S. 446 To provide the President with authority to enter into certain plurilateral trade agreements with benefits only applying to signatories of those agreements, and for other purposes. _______________________________________________________________________ IN THE SENATE OF THE UNITED STATES February 15, 2023 Mr. Coons (for himself and Mr. Young) introduced the following bill; which was read twice and referred to the Committee on Finance _______________________________________________________________________ A BILL To provide the President with authority to enter into certain plurilateral trade agreements with benefits only applying to signatories of those agreements, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Trading System Preservation Act''. SEC. 2. FINDINGS; SENSE OF CONGRESS. (a) Findings.--Congress makes the following findings: (1) The World Trade Organization (in this section referred to as the ``WTO'') was established to be a forum for multilateral trade negotiations between member countries. (2) Scant negotiating progress has been made at the WTO since its creation in 1995, including through the failed Doha Round, which was initiated in 2001. (3) The inability to reach negotiated outcomes at the WTO has pushed the multilateral trading system to the brink of irrelevance and created incentives for members of the WTO to pursue their trade policy objectives through litigation rather than negotiation. (4) That lack of negotiating progress can be generally attributed to a small minority of WTO members that, for a variety of reasons, have exercised an effective veto over negotiations, effectively prohibiting agreement on new rules to discipline discriminatory practices. (5) Most favored nation (in this section referred to as ``MFN'') obligations, strictly defined, which appear to generally require equal treatment of all WTO members, make it difficult to achieve high-quality plurilateral agreements because of concerns about free ridership by WTO members who are not party to those agreements. (b) Sense of Congress.--It is the sense of Congress that-- (1) the WTO system affords a variety of flexibilities for WTO members to negotiate and conclude plurilateral agreements without extending the benefits negotiated therein to the entire membership of the WTO on an MFN basis; (2) to reinvigorate the multilateral trading system and advance its trade interests, the United States should exercise its rights to negotiate new sectoral trade agreements with other interested WTO members on a plurilateral basis; (3) to facilitate those negotiations, enable a high level of ambition, and avoid lowest common denominator outcomes, any new benefits negotiated under those new agreements should be limited to the participants and not extended to the entire membership of the WTO; and (4) pursuing plurilateral agreements that are not subject to unconditional MFN will enable the United States to work with like-minded countries within the framework of the WTO to develop new rules to discipline discriminatory, trade distorting, and non-market practices, restore the relevance of the multilateral trading system, and expand trade to the benefit of the citizens of the United States. SEC. 3. BRIEFING ON PLURILATERAL AGREEMENTS WITH BENEFITS APPLYING ONLY TO SIGNATORIES OF THOSE AGREEMENTS. (a) In General.--Not later than 120 days after the date of the enactment of this Act, the United States Trade Representative shall provide to the Committee on Finance of the Senate and the Committee on Ways and Means of the House of Representatives a classified briefing on the feasibility and advisability of pursuing and adopting covered plurilateral trade agreements. (b) Elements.--The briefing required under subsection (a) shall include a discussion of the opportunities, obstacles, feasibility, and advisability of negotiating and adopting covered plurilateral trade agreements. (c) Definitions.--In this section: (1) Covered plurilateral trade agreement.--The term ``covered plurilateral trade agreement'' means a sector- specific agreement within the framework of the World Trade Organization involving foreign countries or foreign territories that form a subset of the members of the World Trade Organization that does not extend benefits on a most favored nation basis. (2) Most favored nation.--The term ``most favored nation'', with respect to requirements relating to a trade agreement, means requirements under the World Trade Organization for nondiscriminatory trade treatment among all parties to the agreement. SEC. 4. NEGOTIATING AND TRADE AGREEMENTS AUTHORITY FOR CERTAIN PLURILATERAL AGREEMENTS WITH BENEFITS APPLYING ONLY TO SIGNATORIES OF THOSE AGREEMENTS. (a) Initiation of Negotiations.-- (1) In general.--In order to enhance the economic well- being of the United States, the President shall initiate negotiations for a covered plurilateral trade agreement under this section when the President determines that it is in the national interest to do so. (2) Limitation.--The President may not initiate negotiations for a covered plurilateral trade agreement under this section until the date on which the United States Trade Representative provides the briefing required by section 3(a). (b) Authority for Agreements.-- (1) In general.--To strengthen the economic competitiveness of the United States by improving trade relations with countries similarly interested, the President may enter into covered plurilateral trade agreements in a sector of the economy specified in subsection (d). (2) Termination of authority.--The authority under paragraph (1) terminates on July 1, 2028. (c) Modifications Permitted.-- (1) In general.--Subject to paragraph (2), the President may proclaim such modification or continuance of any existing duty or continuance of existing duty-free or excise treatment as the President determines to be required or appropriate to carry out an agreement entered into under subsection (b). (2) Limitation.--Substantial modifications to, or substantial additional provisions of, an agreement entered into after July 1, 2028, are not covered by the authority under paragraph (1). (d) Sectors of the Economy Specified.--A sector of the economy specified in this subsection is any of the following sectors: (1) E-commerce and digital services. (2) Pharmaceuticals and medical countermeasures. (3) Environmental goods. (4) Services. (5) Any sector that is subject to substantial interference by a foreign government, including through excessive subsidies or state-owned enterprises. (e) Consultation With and Notification to Congress.--The President shall consult with Congress regarding, and notify Congress of, the intention of the President to enter into an agreement under subsection (b) or to make a proclamation under subsection (c). (f) Participating Countries.-- (1) In general.--Subject to paragraph (2), the President may determine which foreign countries or foreign territories to negotiate with toward an agreement under this section and, after the implementation of any such agreement, the President may, as conditions warrant, identify and engage in negotiations with additional countries or territories that wish to accede to the agreement. (2) Non-market economy country.-- (A) In general.--The President may not negotiate an agreement under this section with a foreign country or foreign territory determined to be a non-market economy country pursuant to section 771(18) of the Tariff Act of 1930 (19 U.S.C. 1677(18)). (B) After entry into force.--A foreign country or foreign territory described in subparagraph (A) may accede to a completed agreement negotiated pursuant to this section after entry into force of the agreement if a joint resolution is first enacted approving the accession of that country to the agreement. (g) Bills Qualifying for Trade Authorities Procedures.-- (1) Implementing bills.-- (A) In general.--The provisions of section 151 of the Trade Act of 1974 (19 U.S.C. 2191) apply to a bill of either House of Congress which contains provisions described in subparagraph (B) to the same extent as such section 151 applies to implementing bills under that section. A bill to which this paragraph applies shall hereafter in this section be referred to as an ``implementing bill''. (B) Provisions specified.--The provisions described in this subparagraph are-- (i) a provision approving a trade agreement entered into under this section and approving the statement of administrative action, if any, proposed to implement such trade agreement; and (ii) if changes in existing laws or new statutory authority are required to implement such trade agreement or agreements, only such provisions as are strictly necessary or appropriate to implement such trade agreement or agreements, either repealing or amending existing laws or providing new statutory authority. (2) Deadline for submission of bill.--The procedures under paragraph (1) apply to implementing bills submitted with respect to trade agreements entered into under this section before July 1, 2028. (h) Relationship to Bipartisan Congressional Trade Priorities and Accountability Act of 2015.--An agreement under this section shall not enter into force with respect to the United States and an implementing bill shall not qualify for trade authorities procedures under subsection (g), including an agreement that does not require changes to United States law or an implementing bill in connection therewith, unless the following requirements under the Bipartisan Congressional Trade Priorities and Accountability Act of 2015 (19 U.S.C. 4201 et seq.) are carried out with respect to that agreement or implementing bill to the same extent as would be required of an agreement entered into under section 103(b) of that Act (19 U.S.C. 4202(b)), notwithstanding the expiration of authority to enter into an agreement under such section 103(b): (1) The trade negotiating objectives under section 102 of that Act (19 U.S.C. 4201). (2) The congressional oversight and consultation requirements under section 104 of that Act (19 U.S.C. 4203). (3) The notification, consultation, and reporting requirements under section 105 of that Act (19 U.S.C. 4204). (4) The implementation procedures under section 106 of that Act (19 U.S.C. 4205). (i) Definitions.--In this section: (1) Covered plurilateral trade agreement.--The term ``covered plurilateral trade agreement'' means a sector- specific agreement within the framework of the World Trade Organization involving foreign countries or foreign territories that form a subset of the members of the World Trade Organization that does not extend benefits on a most favored nation basis. (2) Most favored nation.--The term ``most favored nation'', with respect to requirements relating to a trade agreement, means requirements under the World Trade Organization for nondiscriminatory trade treatment among all parties to the agreement. &lt;all&gt; </pre></body></html>
[ "Foreign Trade and International Finance", "Competitiveness, trade promotion, trade deficits", "Congressional oversight", "Congressional-executive branch relations", "Free trade and trade barriers", "Normal trade relations, most-favored-nation treatment", "Trade agreements and negotiations" ]
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118S447
ORBITS Act of 2023
[ [ "H000273", "Sen. Hickenlooper, John W. [D-CO]", "sponsor" ], [ "L000571", "Sen. Lummis, Cynthia M. [R-WY]", "cosponsor" ], [ "C000127", "Sen. Cantwell, Maria [D-WA]", "cosponsor" ], [ "W000437", "Sen. Wicker, Roger F. [R-MS]", "cosponsor" ], [ "S001191", "Sen. Sinema, Kyrsten [I-AZ]", "cosponsor" ], [ "F000062", "Sen. Feinstein, Dianne [D-CA]", "cosponsor" ] ]
<p><strong>Orbital Sustainability Act of 2023 or the ORBITS Act of 2023</strong></p> <p>This bill directs specified agencies to take actions to remediate orbital debris (human-made space objects that are no longer in use and can harm orbiting satellites and on-orbit activities).</p> <p>First, the National Aeronautics and Space Administration (NASA) must</p> <ul> <li>publish and periodically update a list of orbital debris that pose the greatest immediate risk of harm to orbiting satellites and on-orbit activities,</li> <li>establish a demonstration program to foster the development of technologies to remediate the orbital debris on the list, and</li> <li>carry out other research and development activities to advance technologies for remediating orbital debris.</li> </ul> <p>NASA (and other relevant agencies) may also contract for remediation services to support the commercial availability of such services.</p> <p>Second, the National Space Council must update the<i> Orbital Debris Mitigation Standard Practices</i> within 90 days of the enactment of the bill and update them periodically thereafter. The updates must address matters including satellite constellations and other planned space systems, collision risks, and disposal of space systems after missions. The updates must inform (1) regulations of other agencies concerning orbital debris, and (2) bilateral and multilateral discussions with other countries concerning certain space activities.</p> <p>Third, the Department of Commerce must facilitate the development of standard practices to coordinate on-orbit space traffic. Upon completion of the practices, Commerce and other federal departments must promote their adoption and use for space missions. <p>
<html><body><pre>[Congressional Bills 118th Congress] [From the U.S. Government Publishing Office] [S. 447 Introduced in Senate (IS)] &lt;DOC&gt; 118th CONGRESS 1st Session S. 447 To establish a demonstration program for the active remediation of orbital debris and to require the development of uniform orbital debris standard practices in order to support a safe and sustainable orbital environment, and for other purposes. _______________________________________________________________________ IN THE SENATE OF THE UNITED STATES February 15, 2023 Mr. Hickenlooper (for himself, Ms. Lummis, Ms. Cantwell, Mr. Wicker, Ms. Sinema, and Mrs. Feinstein) introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation _______________________________________________________________________ A BILL To establish a demonstration program for the active remediation of orbital debris and to require the development of uniform orbital debris standard practices in order to support a safe and sustainable orbital environment, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Orbital Sustainability Act of 2023'' or the ``ORBITS Act of 2023''. SEC. 2. FINDINGS; SENSE OF CONGRESS. (a) Findings.--Congress makes the following findings: (1) The safety and sustainability of operations in low- Earth orbit and nearby orbits in outer space have become increasingly endangered by a growing amount of orbital debris. (2) Exploration and scientific research missions and commercial space services of critical importance to the United States rely on continued and secure access to outer space. (3) Efforts by nongovernmental space entities to apply lessons learned through standards and best practices will benefit from government support for implementation both domestically and internationally. (b) Sense of Congress.--It is the sense of Congress that to preserve the sustainability of operations in space, the United States Government should-- (1) to the extent practicable, develop and carry out programs, establish or update regulations, and commence initiatives to minimize orbital debris, including initiatives to demonstrate active debris remediation of orbital debris generated by the United States Government; (2) lead international efforts to encourage other spacefaring countries to mitigate and remediate orbital debris under their jurisdiction and control; and (3) encourage space system operators to continue implementing best practices for space safety when deploying satellites and constellations of satellites, such as transparent data sharing and designing for system reliability, so as to limit the generation of future orbital debris. SEC. 3. DEFINITIONS. In this Act: (1) Active debris remediation.--The term ``active debris remediation''-- (A) means the deliberate process of facilitating the de-orbit, repurposing, or other disposal of orbital debris, which may include moving orbital debris to a safe position, using an object or technique that is external or internal to the orbital debris; and (B) does not include de-orbit, repurposing, or other disposal of orbital debris by passive means. (2) Administrator.--The term ``Administrator'' means the Administrator of the National Aeronautics and Space Administration. (3) Appropriate committees of congress.--The term ``appropriate committees of Congress'' means-- (A) the Committee on Appropriations, the Committee on Commerce, Science, and Transportation, and the Committee on Armed Services of the Senate; and (B) the Committee on Appropriations, the Committee on Science, Space, and Technology, and the Committee on Armed Services of the House of Representatives. (4) Demonstration program.--The term ``demonstration program'' means the active orbital debris remediation demonstration program carried out under section 4(b). (5) Eligible entity.--The term ``eligible entity'' means-- (A) a United States-based-- (i) non-Federal, commercial entity; (ii) institution of higher education (as defined in section 101(a) of the Higher Education Act of 1965 (20 U.S.C. 1001(a))); or (iii) nonprofit organization; (B) any other United States-based entity the Administrator considers appropriate; and (C) a partnership of entities described in subparagraphs (A) and (B). (6) Orbital debris.--The term ``orbital debris'' means any human-made space object orbiting Earth that-- (A) no longer serves an intended purpose; and (B)(i) has reached the end of its mission; or (ii) is incapable of safe maneuver or operation. (7) Secretary.--The term ``Secretary'' means the Secretary of Commerce. (8) Space traffic coordination.--The term ``space traffic coordination'' means the planning, coordination, and on-orbit synchronization of activities to enhance the safety and sustainability of operations in the space environment. SEC. 4. ACTIVE DEBRIS REMEDIATION. (a) Prioritization of Orbital Debris.-- (1) List.--Not later than 90 days after the date of the enactment of this Act, the Administrator, in consultation with the Secretary, the Secretary of Defense, the National Space Council, and representatives of the commercial space industry, academia, and nonprofit organizations, shall publish a list of identified orbital debris that pose the greatest immediate risk to the safety and sustainability of orbiting satellites and on- orbit activities. (2) Contents.--The list required under paragraph (1)-- (A) shall be developed using appropriate sources of data and information derived from governmental and nongovernmental sources, including space situational awareness data obtained by the Office of Space Commerce, to the extent practicable; (B) shall include, to the extent practicable-- (i) a description of the approximate age, location in orbit, size, tumbling state, post- mission passivation actions taken, and national jurisdiction of each orbital debris identified; and (ii) data required to inform decisions regarding potential risk and feasibility of safe remediation; and (C) may include orbital debris that poses a significant risk to terrestrial people and assets, including risk resulting from potential environmental impacts from the uncontrolled reentry of the orbital debris identified. (3) Public availability; periodic updates.-- (A) In general.--Subject to subparagraph (B), the list required under paragraph (1) shall be published in unclassified form on a publicly accessible internet website of the National Aeronautics and Space Administration. (B) Exclusion.--The Administration may not include on the list published under subparagraph (A) data acquired from nonpublic sources. (C) Periodic updates.--Such list shall be updated periodically. (4) Research and development.--With respect to orbital debris identified under paragraph (1), the Administrator shall, to the extent practicable and subject to the availability of appropriations, carry out the additional research and development activities necessary, in consultation with the commercial space industry, to mature technologies that close commercial capability gaps and enable potential future remediation missions for such orbital debris. (5) Acquisition, access, use, and handling of data or information.--In carrying out the activities under this subsection, the Administrator-- (A) shall acquire, access, use, and handle data or information in a manner consistent with applicable provisions of law and policy, including laws and policies providing for the protection of privacy and civil liberties, and subject to any restrictions required by the source of the information; (B) shall have access, upon written request, to all information, data, or reports of any executive agency that the Administrator determines necessary to carry out the activities under this subsection, provided that such access is-- (i) conducted in a manner consistent with applicable provisions of law and policy of the originating agency, including laws and policies providing for the protection of privacy and civil liberties; and (ii) consistent with due regard for the protection from unauthorized disclosure of classified information relating to sensitive intelligence sources and methods or other exceptionally sensitive matters; and (C) may obtain commercially available information that may not be publicly available. (b) Active Orbital Debris Remediation Demonstration Program.-- (1) Establishment.--Not later than 180 days after the date of the enactment of this Act, subject to the availability of appropriations, the Administrator, in consultation with the head of each relevant Federal department or agency, shall establish a demonstration program to make competitive awards for the development of technologies leading to the remediation of selected orbital debris identified under subsection (a)(1). (2) Purpose.--The purpose of the demonstration program shall be to enable eligible entities to pursue the phased development and demonstration of technologies and processes required for active debris remediation. (3) Procedures and criteria.--In establishing the demonstration program, the Administrator shall-- (A) establish-- (i) eligibility criteria for participation; (ii) a process for soliciting proposals from eligible entities; (iii) criteria for the contents of such proposals; (iv) program compliance and evaluation metrics; and (v) program phases and milestones; (B) identify government-furnished data or equipment; and (C) develop a plan for National Aeronautics and Space Administration participation in technology development, as appropriate, and intellectual property rights. (4) Proposal evaluation.--In evaluating proposals for the demonstration program, the Administrator shall-- (A) consider the safety, feasibility, cost, benefit, and maturity of the proposed technology; (B) consider the potential for the proposed demonstration to successfully remediate orbital debris and to advance the commercial state of the art with respect to active debris remediation; (C) carry out a risk analysis of the proposed technology that takes into consideration the potential casualty risk to humans in space or on the Earth's surface; (D) in an appropriate setting, conduct thorough testing and evaluation of the proposed technology and each component of such technology or system of technologies; and (E) consider the technical and financial feasibility of using the proposed technology to conduct multiple remediation missions. (5) Demonstration mission.-- (A) In general.--The Administrator shall consult with the head of each relevant Federal department or agency in advance of each demonstration mission. (B) Active debris remediation demonstration mission.--It is the sense of Congress that the Administrator should consider maximizing competition for, and use best practices to engage commercial entities in, an active debris remediation demonstration mission. (C) Spectrum considerations.--The Administrator shall convey any potential spectrum allocations and licensing needs for active debris remediation demonstration missions to the Federal Communications Commission through the National Telecommunications and Information Administration as soon as practicable after any such spectrum allocation or licensing need has been identified. (6) Reports.-- (A) Recommendations.--Not later than 1 year after the date on which the first demonstration mission is carried out under this subsection, the Administrator, in consultation with the head of each relevant Federal department or agency, shall submit to Congress a report that provides legislative, regulatory, and policy recommendations to improve active debris remediation missions, as applicable. (B) Technical analysis.-- (i) In general.--To inform decisions regarding the acquisition of active debris remediation services by the Federal Government, not later than 180 days after the completion of the demonstration program, the Administrator shall submit to Congress a report that-- (I) summarizes a technical analysis of technologies developed under the demonstration program; (II) identifies any technology gaps addressed by the demonstration program and any remaining technology gaps; and (III) provides, as applicable, any further legislative, regulatory, and policy recommendations to enable active debris remediation missions. (ii) Availability.--The Administration shall make the report submitted under clause (i) available to the Secretary, the Secretary of Defense, and other relevant Federal departments and agencies, as determined by the Administrator. (7) International cooperation.-- (A) In general.--In carrying out the demonstration program, the Administrator, in consultation with the National Space Council and in collaboration with the Secretary of State, may pursue a cooperative relationship with one or more partner countries to enable the remediation of orbital debris that is under the jurisdiction of such partner countries. (B) Arrangement or agreement with partner country.--Any arrangement or agreement entered into with a partner country under subparagraph (A) shall be-- (i) concluded-- (I) in the interests of the United States Government; and (II) without prejudice to any contractual arrangement among commercial parties that may be required to complete the active debris remediation mission concerned; and (ii) consistent with the international obligations of the United States under the international legal framework governing outer space activities. (c) Authorization of Appropriations.--There is authorized to be appropriated to the Administrator to carry out this section $150,000,000 for the period of fiscal years 2024 through 2028. SEC. 5. ACTIVE DEBRIS REMEDIATION SERVICES. (a) In General.--To foster the competitive development, operation, improvement, and commercial availability of active debris remediation services, and in consideration of the economic analysis required by subsection (b) and the reports under section 4(b)(6), the Administrator and the head of each relevant Federal department or agency may acquire services for the remediation of orbital debris, whenever practicable, through fair and open competition for contracts that are well-defined, milestone-based, and in accordance with the Federal Acquisition Regulation. (b) Economic Analysis.--Based on the results of the demonstration program, the Secretary, acting through the Office of Space Commerce, shall publish an assessment of the estimated Federal Government and private sector demand for orbital debris remediation services for the 10-year period beginning in 2025. SEC. 6. UNIFORM ORBITAL DEBRIS STANDARD PRACTICES FOR UNITED STATES SPACE ACTIVITIES. (a) In General.--Not later than 90 days after the date of the enactment of this Act, and every 5 years thereafter, the National Space Council, in coordination with the Secretary, the Administrator of the Federal Aviation Administration, the Secretary of Defense, the Federal Communications Commission, and the Administrator, shall initiate an update to the Orbital Debris Mitigation Standard Practices that-- (1) considers planned space systems, including satellite constellations; and (2) addresses-- (A) collision risk; (B) casualty probability; (C) post-mission disposal of space systems; (D) time to disposal or de-orbit; (E) spacecraft collision avoidance and automated identification capability; and (F) the ability to track orbital debris of decreasing size. (b) Consultation.--In developing the update under subsection (a), the National Space Council, or a designee of the National Space Council, shall seek advice and input on commercial standards and best practices from representatives of the commercial space industry, academia, and nonprofit organizations, including through workshops and, as appropriate, advance public notice and comment processes under chapter 5 of title 5, United States Code. (c) Publication.--Not later than 1 year after the date of the enactment of this Act, such update shall be published in the Federal Register and posted to the relevant Federal Government websites. (d) Regulations.--To promote uniformity and avoid duplication in the regulation of space activity, including licensing by the Federal Aviation Administration, the National Oceanic and Atmospheric Administration, and the Federal Communications Commission, such update, after publication, shall be used to inform the further development and promulgation of Federal regulations relating to orbital debris. (e) International Promotion.--To encourage effective and nondiscriminatory standards, best practices, rules, and regulations implemented by other countries, such update shall inform bilateral and multilateral discussions focused on the authorization and continuing supervision of nongovernmental space activities. SEC. 7. STANDARD PRACTICES FOR SPACE TRAFFIC COORDINATION. (a) In General.--The Secretary, in coordination with members of the National Space Council and the Federal Communications Commission, shall facilitate the development of standard practices for on-orbit space traffic coordination based on existing guidelines and best practices used by Government and commercial space industry operators. (b) Consultation.--In facilitating the development of standard practices under subsection (a), the Secretary, through the Office of Space Commerce, in consultation with the National Institute of Standards and Technology, shall engage in frequent and routine consultation with representatives of the commercial space industry, academia, and nonprofit organizations. (c) Promotion of Standard Practices.--On completion of such standard practices, the Secretary, the Secretary of State, the Secretary of Transportation, the Administrator, and the Secretary of Defense shall promote the adoption and use of the standard practices for domestic and international space missions. &lt;all&gt; </pre></body></html>
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118S448
Outdoors for All Act
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<p><b>Outdoors for All Act</b> </p> <p>This bill directs the Department of the Interior to establish an outdoor recreation legacy partnership grant program under which Interior may award grants to states, certain political subdivisions of a state, special purpose districts, Indian tribes, or Alaska Native or Native Hawaiian communities or organizations. </p> <p>Funds must be used for projects to (1) acquire land and water for parks and other outdoor recreation purposes in qualifying areas, and (2) develop new or renovate existing outdoor recreation facilities that provide outdoor recreation opportunities to the public in qualifying areas.</p> <p><em>Qualifying area</em> means</p> <ul> <li>an urbanized area or urban cluster that has a population of 25,000 or more in the most recent census,</li> <li>two or more adjacent urban clusters with a combined population of 25,000 or more in the most recent census, or </li> <li>an area that is administered by an Indian tribe or an Alaska Native or Native Hawaiian community organization.</li> </ul> <p>Interior shall give priority to projects that </p> <ul> <li>create or significantly enhance access to park and recreational opportunities in an urban neighborhood or community,</li> <li>engage and empower underserved communities and youth,</li> <li>provide opportunities for employment or job training for youth or underserved communities,</li> <li>establish or expand public-private partnerships, and</li> <li>take advantage of coordination among various levels of government.</li> </ul>
<html><body><pre>[Congressional Bills 118th Congress] [From the U.S. Government Publishing Office] [S. 448 Introduced in Senate (IS)] &lt;DOC&gt; 118th CONGRESS 1st Session S. 448 To codify the existing Outdoor Recreation Legacy Partnership Program of the National Park Service, and for other purposes. _______________________________________________________________________ IN THE SENATE OF THE UNITED STATES February 15, 2023 Mr. Padilla (for himself, Ms. Collins, Ms. Klobuchar, Mr. King, Mr. Sanders, Mr. Van Hollen, Mr. Booker, Mrs. Feinstein, Mr. Markey, Ms. Warren, Mr. Peters, Mr. Hickenlooper, Mr. Ossoff, Mr. Blumenthal, Mr. Wyden, Ms. Baldwin, Ms. Duckworth, Mr. Casey, and Mr. Lujan) introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources _______________________________________________________________________ A BILL To codify the existing Outdoor Recreation Legacy Partnership Program of the National Park Service, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Outdoors for All Act''. SEC. 2. DEFINITIONS. In this Act: (1) Eligible entity.--The term ``eligible entity'' means an entity that represents or otherwise serves a qualifying area. (2) Eligible nonprofit organization.--The term ``eligible nonprofit organization'' means an organization that is described in section 501(c)(3) of the Internal Revenue Code of 1986 and is exempt from taxation under section 501(a) of such code. (3) Entity.--The term ``entity'' means-- (A) a State; (B) a political subdivision of a State, including-- (i) a city; (ii) a county; and (iii) a special purpose district that manages open space, including a park district; and (C) an Indian Tribe, urban Indian organization, or Alaska Native or Native Hawaiian community or organization. (4) Indian tribe.--The term ``Indian Tribe'' has the meaning given the term in section 4 of the Indian Self- Determination and Education Assistance Act (25 U.S.C. 5304). (5) Low-income community.--The term ``low-income community'' means any census block group in which 30 percent or more of the population are individuals with an annual household equal to, or less than, the greater of-- (A) an amount equal to 80 percent of the median income of the area in which the household is located, as reported by the Department of Housing and Urban Development; and (B) an amount equal to 200 percent of the Federal poverty line. (6) Outdoor recreation legacy partnership program.--The term ``Outdoor Recreation Legacy Partnership Program'' means the program established under section 3(a). (7) Qualifying area.--The term ``qualifying area'' means-- (A) an urbanized area or urban cluster that has a population of 25,000 or more in the most recent census; (B) 2 or more adjacent urban clusters with a combined population of 25,000 or more in the most recent census; or (C) an area administered by an Indian Tribe or an Alaska Native or Native Hawaiian community organization. (8) Secretary.--The term ``Secretary'' means the Secretary of the Interior. (9) State.--The term ``State'' means each of the several States, the District of Columbia, and each territory of the United States. SEC. 3. GRANTS AUTHORIZED. (a) Establishment of Program.-- (1) In general.--The Secretary shall establish an outdoor recreation legacy partnership program under which the Secretary may award grants to eligible entities for projects-- (A) to acquire land and water for parks and other outdoor recreation purposes in qualifying areas; and (B) to develop new or renovate existing outdoor recreation facilities that provide outdoor recreation opportunities to the public in qualifying areas. (2) Priority.--In awarding grants to eligible entities under paragraph (1), the Secretary shall give priority to projects that-- (A) create or significantly enhance access to park and recreational opportunities in an urban neighborhood or community; (B) engage and empower underserved communities and youth; (C) provide employment or job training opportunities for youth or underserved communities; (D) establish or expand public-private partnerships, with a focus on leveraging resources; and (E) take advantage of coordination among various levels of government. (b) Matching Requirement.-- (1) In general.--As a condition of receiving a grant under subsection (a), an eligible entity shall provide matching funds in the form of cash or an in-kind contribution in an amount equal to not less than 100 percent of the amounts made available under the grant. (2) Waiver.--The Secretary may waive all or part of the matching requirement under paragraph (1) if the Secretary determines that-- (A) no reasonable means are available through which the eligible entity can meet the matching requirement; and (B) the probable benefit of the project outweighs the public interest in the matching requirement. (3) Administrative expenses.--Not more than 10 percent of funds provided to an eligible entity under a grant awarded under subsection (a) may be used for administrative expenses. (c) Considerations.--In awarding grants to eligible entities under subsection (a), the Secretary shall consider the extent to which a project would-- (1) provide recreation opportunities in underserved communities in which access to parks is not adequate to meet local needs; (2) provide opportunities for outdoor recreation and public land volunteerism; (3) support innovative or cost-effective ways to enhance parks and other recreation-- (A) opportunities; or (B) delivery of services; (4) support park and recreation programming provided by cities, including cooperative agreements with community-based eligible nonprofit organizations; (5) develop Native American event sites and cultural gathering spaces; and (6) provide benefits such as community resilience, reduction of urban heat islands, enhanced water or air quality, or habitat for fish or wildlife. (d) Eligible Uses.-- (1) In general.--Subject to paragraph (2), a grant recipient may use a grant awarded under subsection (a) for a project described in paragraph (1) or (2) of that subsection. (2) Limitations on use.--A grant recipient may not use grant funds for-- (A) incidental costs related to land acquisition, including appraisal and titling; (B) operation and maintenance activities; (C) facilities that support semiprofessional or professional athletics; (D) indoor facilities, such as recreation centers or facilities that support primarily non-outdoor purposes; or (E) acquisition of land or interests in land that restrict access to specific persons. SEC. 4. REVIEW AND EVALUATION REQUIREMENTS. In carrying out the Outdoor Recreation Legacy Partnership Program, the Secretary shall-- (1) conduct an initial screening and technical review of applications received; (2) evaluate and score all qualifying applications; and (3) provide culturally and linguistically appropriate information to eligible entities (including low-income communities and eligible entities serving low-income communities) on-- (A) the opportunity to apply for grants under this Act; (B) the application procedures by which eligible entities may apply for grants under this Act; and (C) eligible uses for grants under this Act. SEC. 5. REPORTING. (a) Annual Reports.--Not later than 30 days after the last day of each report period, each State lead agency that receives a grant under this Act shall annually submit to the Secretary performance and financial reports that-- (1) summarize project activities conducted during the report period; and (2) provide the status of the project. (b) Final Reports.--Not later than 90 days after the earlier of the date of expiration of a project period or the completion of a project, each State lead agency that receives a grant under this Act shall submit to the Secretary a final report containing such information as the Secretary may require. &lt;all&gt; </pre></body></html>
[ "Public Lands and Natural Resources" ]
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