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118S449
|
Veterans Patient Advocacy Act
|
[
[
"S000770",
"Sen. Stabenow, Debbie [D-MI]",
"sponsor"
]
] |
<p><strong>Veterans Patient Advocacy Act</strong></p> <p>This bill requires the Office of Patient Advocacy within the Veterans Health Administration to ensure (1) there is not fewer than one patient advocate for every 13,500 veterans enrolled in the Department of Veterans Affairs health care system, and (2) highly rural veterans may access the services of patient advocates. The bill also requires the Government Accountability Office to report on the implementation of such policies.</p>
|
<html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 449 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 449
To amend title 38, United States Code, to improve the assignment of
patient advocates at medical facilities of the Department of Veterans
Affairs.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
February 15, 2023
Ms. Stabenow 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 the assignment of
patient advocates at medical facilities of the Department of Veterans
Affairs.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Veterans Patient Advocacy Act''.
SEC. 2. PATIENT ADVOCATES AT MEDICAL FACILITIES OF DEPARTMENT OF
VETERANS AFFAIRS.
(a) In General.--Section 7309A of title 38, United States Code, is
amended--
(1) by redesignating subsections (e) and (f) as subsections
(f) and (g), respectively; and
(2) by inserting after subsection (d) the following new
subsection (e):
``(e) Number of Patient Advocates.--Beginning on the date that is
one year after the date of the enactment of the Veterans Patient
Advocacy Act, the Director shall ensure that--
``(1) there is not fewer than one patient advocate for
every 13,500 veterans enrolled in the system of annual patient
enrollment of the Department established and operated under
section 1705(a) of this title; and
``(2) highly rural veterans may access the services of
patient advocates, including, to the extent practicable, by
assigning patient advocates to rural community-based outpatient
clinics.''.
(b) GAO Report.--Not later than two years after the date of the
enactment of this Act, the Comptroller General of the United States
shall submit to the Committee on Veterans' Affairs of the Senate and
the Committee on Veterans' Affairs of the House of Representatives a
report evaluating the implementation by the Secretary of Veterans
Affairs of subsection (e) of section 7309A of title 38, United States
Code, as added by subsection (a)(2).
<all>
</pre></body></html>
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118S45
|
Small Business Tax Fairness and Compliance Simplification Act
|
[
[
"C000141",
"Sen. Cardin, Benjamin L. [D-MD]",
"sponsor"
],
[
"S001184",
"Sen. Scott, Tim [R-SC]",
"cosponsor"
],
[
"O000174",
"Sen. Ossoff, Jon [D-GA]",
"cosponsor"
],
[
"S000770",
"Sen. Stabenow, Debbie [D-MI]",
"cosponsor"
]
] |
<p> <b>Small Business Tax Fairness and Compliance Simplification Act </b></p> <p>This bill expands the tax credit for a portion of the employer-paid Social Security taxes for employee cash tips to include beauty service establishments. (Under current law, the credit is limited to tips received for providing, serving, or delivering food or beverages.)</p> <p>The credit applies to tips received in connection with providing beauty services to a customer or client if tipping employees who provide the service is customary. <i>Beauty services</i> include barbering and hair care, nail care, esthetics, and body and spa treatments.</p> <p>The bill also (1) establishes an employer tip reporting safe harbor for beauty service establishments, and (2) specifies reporting requirements for income received from renting space to individuals who provide beauty services. </p> <p>The employer tip reporting safe harbor for beauty service establishments provides an exemption from certain Internal Revenue Service tip examinations for employers who meet certain requirements for educational programs, reporting procedures, compliance with tax law, and recordkeeping.</p> <p>The Government Accountability Office must study and report on the impact of the extension of the employer social security tax credit on employers and employees. </p>
|
<html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 45 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 45
To amend the Internal Revenue Code of 1986 to simplify reporting
requirements, promote tax compliance, and reduce tip reporting
compliance burdens in the beauty service industry.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
January 24 (legislative day, January 3), 2023
Mr. Cardin (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 amend the Internal Revenue Code of 1986 to simplify reporting
requirements, promote tax compliance, and reduce tip reporting
compliance burdens in the beauty service industry.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Small Business Tax Fairness and
Compliance Simplification Act''.
SEC. 2. EXTENSION OF CREDIT FOR PORTION OF EMPLOYER SOCIAL SECURITY
TAXES PAID WITH RESPECT TO EMPLOYEE TIPS TO BEAUTY
SERVICE ESTABLISHMENTS.
(a) Extension of Tip Credit to Beauty Service Business.--
(1) In general.--Section 45B(b)(2) of the Internal Revenue
Code of 1986 is amended to read as follows:
``(2) Application only to certain lines of business.--In
applying paragraph (1) there shall be taken into account only
tips received from customers or clients in connection with the
following services:
``(A) The providing, delivering, or serving of food
or beverages for consumption, if the tipping of
employees delivering or serving food or beverages by
customers is customary.
``(B) The providing of beauty services to a
customer or client if the tipping of employees
providing such services is customary.''.
(2) Beauty service defined.--Section 45B of such Code is
amended by adding at the end the following new subsection:
``(e) Beauty Service.--For purposes of this section, the term
`beauty service' means any of the following:
``(1) Barbering and hair care.
``(2) Nail care.
``(3) Esthetics.
``(4) Body and spa treatments.''.
(b) Credit Determined With Respect to Minimum Wage in Effect.--
Section 45B(b)(1)(B) of the Internal Revenue Code of 1986 is amended--
(1) by striking ``as in effect on January 1, 2007, and'';
and
(2) by inserting ``, and in the case of food or beverage
establishments, as in effect on January 1, 2007'' after
``without regard to section 3(m) of such Act''.
(c) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2023.
SEC. 3. EMPLOYER TIP REPORTING SAFE HARBOR.
(a) In General.--Section 3121(q) of the Internal Revenue Code of
1986 is amended--
(1) by striking so much as precedes ``of this chapter'' and
inserting the following:
``(q) Tips Included for Both Employee and Employer Taxes.--
``(1) In general.--For purposes''; and
(2) by adding at the end the following new paragraph:
``(2) Tip program safe harbor.--In the case of an employer
who employs one or more employees who receive tips in the
course of such employment which are attributable to the
performance of beauty services (as such term is defined in
section 45B) are considered remuneration for such employment
under this section, no IRS tip examination with respect to such
employer shall be initiated (except in the case of a tip
examination of a current or former employee) if the employer--
``(A) establishes an educational program regarding
applicable laws relating to proper reporting of tips
received by employees for--
``(i) new employees, which shall include
both verbal explanation and written materials,
and
``(ii) existing employees, which shall be
conducted quarterly,
``(B) establishes procedures for tipped employees
to provide monthly reporting of cash and charged
services and related tip income of at least $20 under
section 6053(a),
``(C) complies with all applicable Federal tax law
requirements applicable to employers for purposes of
filing returns, and collection and payment of taxes
imposed, with respect to tip income received by
employees, and
``(D) maintains employee records related to--
``(i) contact information for such
employees, and
``(ii) gross receipts from any services
subject to tipping, and charge receipts for
such services, for a period of not less than 4
calendar years after the calendar year to which
the records relate.''.
(b) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2023.
SEC. 4. INFORMATION REPORTING OF INCOME FROM SPACE RENTALS IN THE
BEAUTY SERVICE INDUSTRY.
(a) In General.--Subpart B of part III of subchapter A of chapter
61 of the Internal Revenue Code of 1986, as amended by section 334(d)
of Public Law 117-328, is amended by adding at the end the following
new section:
``SEC. 6050AA. RETURNS RELATING TO INCOME FROM CERTAIN RENTALS OF SPACE
IN THE BEAUTY SERVICE INDUSTRY.
``(a) Requirement of Reporting.--Any person who, in the course of a
trade or business and for any calendar year, receives rental payments
from two or more individuals providing beauty services (as defined in
section 45B(e)) aggregating $600 or more each for the lease of space to
provide such services to third-party patrons shall make the return
described in subsection (b) with respect to each person from whom such
rent was so received at such time as the Secretary may by regulations
prescribe.
``(b) Return.--A return is described in this subsection if such
return--
``(1) is in such form as the Secretary may prescribe, and
``(2) contains--
``(A) the name, address, and TIN of each person
from whom a rental payment described in subsection (a)
was received during the calendar year,
``(B) the aggregate amount of such payments
received by such person during such calendar year and
the date and amount of each such payment, and
``(C) such other information as the Secretary may
require.
``(c) Statement To Be Furnished to Persons With Respect to Whom
Information Is Required.--
``(1) In general.--Every person required to make a return
under subsection (a) shall furnish to each person whose name is
required to be set forth in such return a written statement
showing--
``(A) the name, address, and phone number of the
information contact of the person required to make such
a return, and
``(B) the aggregate amount of payments to the
person required to be shown on the return.
``(2) Furnishing of information.--The written statement
required under paragraph (1) shall be furnished to the person
on or before January 31 of the year following the calendar year
for which the return under subsection (a) is required to be
made.
``(d) Regulations and Guidance.--The Secretary may prescribe such
regulations and other guidance as may be appropriate or necessary to
carry out the purpose of this subsection, including rules to prevent
duplicative reporting of transactions.''.
(b) Clerical Amendment.--The table of sections for subchapter A of
chapter 61 of such Code is amended by adding at the end the following
new item:
``Sec. 6050AA. Returns relating to income from certain rentals of space
in the beauty service industry.''.
(c) Effective Date.--The amendments made by this section shall
apply to payments made after December 31, 2023.
SEC. 5. GAO STUDY.
Not later than 5 years after the date of enactment of this Act, the
Comptroller General shall conduct a study and submit to the Committee
on Small Business and Entrepreneurship of the Senate and the Committee
on Finance of the Senate a report detailing how the extension of the
employer social security credit under section 45B of the Internal
Revenue Code of 1986 (as amended by section 2 of this Act) has impacted
employers and employees with respect to Federal income tax compliance
and benefits.
<all>
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118S450
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STOP Iran Act of 2023
|
[
[
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"Sen. Lankford, James [R-OK]",
"sponsor"
]
] |
<html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 450 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 450
To strengthen export controls for emerging and foundational
technologies that bolster the destabilizing activities of the Islamic
Republic of Iran, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
February 15, 2023
Mr. Lankford introduced the following bill; which was read twice and
referred to the Committee on Banking, Housing, and Urban Affairs
_______________________________________________________________________
A BILL
To strengthen export controls for emerging and foundational
technologies that bolster the destabilizing activities of the Islamic
Republic of Iran, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Sanctioning Transfers and Outbound
Products to Iran Act of 2023'' or the ``STOP Iran Act of 2023''.
SEC. 2. REQUIREMENT FOR LICENSES FOR EXPORTS OF EMERGING AND
FOUNDATIONAL TECHNOLOGIES TO IRANIAN ENTITIES SUBJECT TO
SANCTIONS IMPOSED BY THE UNITED STATES.
(a) In General.--On and after the date that is 120 days after the
date of the enactment of this Act, the Secretary of Commerce shall
require, pursuant to subsection (b) of section 1753 of the Export
Control Reform Act of 2018 (50 U.S.C. 4817), a license for the export,
reexport, or in-country transfer of emerging and foundational
technologies identified pursuant to subsection (a) of that section to
any Iranian person described in subsection (b).
(b) Iranian Persons Described.--
(1) In general.--An Iranian person is described in this
subsection if the Iranian person--
(A) is--
(i) on a list specified in paragraph (2);
or
(ii) otherwise subject to sanctions imposed
by the United States pursuant to the
International Emergency Economic Powers Act (50
U.S.C. 1701 et seq.) or any other provision of
law; and
(B) provides material, tactical, operational,
developmental, or financial support to--
(i) the Islamic Revolutionary Guard Corps;
(ii) any agency or instrumentality of the
Armed Forces of Iran;
(iii) any agency or instrumentality related
to the nuclear program of Iran;
(iv) any organization designated as a
foreign terrorist organization under section
219 of the Immigration and Nationality Act (8
U.S.C. 1189), including Hamas, Hezbollah,
Palestinian Islamic Jihad, al-Qa'ida, and al-
Shabaab; or
(v) any entity engaged in hostilities with
a country that is a partner or ally of the
United States, including the Houthis and Shia
militias in Iraq.
(2) Lists specified.--A list specified in this paragraph is
any of the following lists maintained by the Office of Foreign
Assets Control of the Department of the Treasury:
(A) The SDN List.
(B) The List of Foreign Financial Institutions
Subject to Correspondent Account or Payable-Through
Account Sanctions.
(C) The Non-SDN Menu-Based Sanctions List.
(c) Report Required.--Not later than 30 days after issuing a
license under subsection (a) for the export, reexport, or in-country
transfer of emerging and foundational technologies to an Iranian person
described in subsection (b), the Secretary of Commerce shall submit to
the appropriate congressional committees a report that includes--
(1) a list of Iranian persons described in subsection (b);
(2) the rationale for issuing the license, including any
findings or evidence relating to support described in
subsection (b)(1)(B) provided by the Iranian person; and
(3) an explanation of why the Iranian person was not
subject to export controls under section 1753(b) of the Export
Control Reform Act of 2018 (50 U.S.C. 4817(b)) before the date
that is 120 days after date of the enactment of this Act that
addresses any partial or inconclusive evidence that the person
provided support described in subsection (b)(1)(B).
(d) Definitions.--In this section:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on Banking, Housing, and Urban
Affairs and the Committee on Foreign Relations of the
Senate; and
(B) the Committee on Financial Services and the
Committee on Foreign Affairs of the House of
Representatives.
(2) Export; in-country transfer; reexport.--The terms
``export'', ``in-country transfer'', and ``reexport'' have the
meanings given those terms in section 1742 of the Export
Control Reform Act of 2018 (50 U.S.C. 4801).
(3) Iranian person.--The term ``Iranian person'' means--
(A) an individual who is a citizen or national of
Iran; and
(B) an entity organized under the laws of Iran or
otherwise subject to the jurisdiction of the Government
of Iran.
(4) SDN list.--The term ``SDN list'' means the list of
specially designated nationals and blocked persons maintained
by the Office of Foreign Assets Control of the Department of
the Treasury.
<all>
</pre></body></html>
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118S451
|
DISRUPT Act of 2023
|
[
[
"L000575",
"Sen. Lankford, James [R-OK]",
"sponsor"
]
] |
<html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 451 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 451
To impose sanctions and establish strict conditions on the termination
of sanctions in response to acts of aggression by the Islamic Republic
of Iran and the Russian Federation against the people of Ukraine, and
for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
February 15, 2023
Mr. Lankford introduced the following bill; which was read twice and
referred to the Committee on Banking, Housing, and Urban Affairs
_______________________________________________________________________
A BILL
To impose sanctions and establish strict conditions on the termination
of sanctions in response to acts of aggression by the Islamic Republic
of Iran and the Russian Federation against the people of Ukraine, and
for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Deterring Iranian Support for Russia
in Ukraine and Pre-empting Terrorism Act of 2023'' or the ``DISRUPT Act
of 2023''.
SEC. 2. IMPOSITION OF SANCTIONS WITH RESPECT TO IRANIAN FINANCIAL
INSTITUTIONS FOR SUPPORTING RUSSIAN AGGRESSION AGAINST
UKRAINE.
(a) In General.--Not later than 120 days after the date of the
enactment of this Act, the President shall impose sanctions under the
International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.)
with respect to--
(1) an Iranian person that the President determines
provides material, tactical, or operational support for
activities by the Russian Federation against Ukraine,
including--
(A) selling or entering into an agreement to sell
defense articles to the Armed Forces of the Russian
Federation or any other agency or instrumentality of
the Russian Federation, including--
(i) unmanned aerial vehicles;
(ii) surface-to-surface missiles;
(iii) short-range ballistic missiles;
(iv) armored ground vehicles;
(v) munitions; and
(vi) conventional arms;
(B) providing or entering into an agreement to
provide defense services, including training related to
the sale of defense articles described in subparagraph
(A), to the Armed Forces of the Russian Federation or
any such agency or instrumentality; and
(C) acquiring or entering into an agreement to
acquire defense articles from the Armed Forces of the
Russian Federation or any such agency or
instrumentality; and
(2) any Iranian financial institution, including the
Central Bank of Iran, that facilitates transactions with or on
behalf of a Russian person, including a Russian person
described in subsection (b), that the President determines
provides material, tactical, or operational support for
activities by the Russian Federation against Ukraine.
(b) Persons Described.--A person described in this subsection is
any of the following:
(1) Any agency or instrumentality of the Armed Forces of
the Russian Federation.
(2) The Wagner Group.
(3) The Central Bank of the Russian Federation.
(4) Any Russian person on the SDN list.
SEC. 3. LIMITATION ON REMOVING IRANIAN PERSONS FROM SDN LIST.
An Iranian person may not be removed from the SDN list unless the
President submits to the appropriate congressional committees a
certification that the Iranian person has not, during the 1-year period
preceding the date of the certification--
(1) sold or entered into an agreement to sell defense
articles to the Armed Forces of the Russian Federation or any
other agency or instrumentality of the Russian Federation,
including--
(A) unmanned aerial vehicles;
(B) surface-to-surface missiles;
(C) short-range ballistic missiles;
(D) armored ground vehicles;
(E) munitions; and
(F) conventional arms;
(2) provided or entered into an agreement to provide
defense services, including training related to the sale of
defense articles described in paragraph (1), to the Armed
Forces of the Russian Federation or any such agency or
instrumentality;
(3) acquired or entered into an agreement to acquire
defense articles from the Armed Forces of the Russian
Federation or any such agency or instrumentality; or
(4) engaged in a transaction or transactions with any
Russian person, including a Russian financial institution, with
respect to which sanctions have been imposed pursuant to the
International Emergency Economic Powers Act (50 U.S.C. 1701 et
seq.).
SEC. 4. LIMITATION ON REVOCATION OF DESIGNATION OF IRAN AS JURISDICTION
OF PRIMARY MONEY LAUNDERING CONCERN.
The designation of Iran as a jurisdiction of primary money
laundering concern under section 5318A of title 31, United States Code,
may not be revoked unless the President submits to the appropriate
congressional committees a certification that--
(1) the Government of Iran is no longer engaged in
providing material or financial support to the Armed Forces of
the Russian Federation or any other agency or instrumentality
of the Russian Federation; and
(2) the Armed Forces of the Russian Federation and such
agencies and instrumentalities are not actively using defense
articles described in section 2(a)(1) procured from Iran.
SEC. 5. DEFINITIONS.
In this Act:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on Foreign Relations and the
Committee on Banking, Housing, and Urban Affairs of the
Senate; and
(B) the Committee on Foreign Affairs and the
Committee on Financial Services of the House of
Representatives.
(2) Iranian financial institution.--The term ``Iranian
financial institution'' means--
(A) a financial institution organized under the
laws of Iran or any jurisdiction within Iran, including
a foreign branch of such an institution;
(B) a financial institution located in Iran;
(C) a financial institution, wherever located,
owned or controlled by the Government of Iran; and
(D) a financial institution, wherever located,
owned or controlled by a financial institution
described in subparagraph (A), (B), or (C).
(3) Iranian person.--The term ``Iranian person'' means--
(A) an individual who is a citizen or national of
Iran; and
(B) an entity organized under the laws of Iran or
otherwise subject to the jurisdiction of the Government
of Iran.
(4) Russian person.--The term ``Russian person'' means--
(A) an individual who is a citizen or national of
the Russian Federation; or
(B) an entity organized under the laws of the
Russian Federation or otherwise subject to the
jurisdiction of the Government of the Russian
Federation.
(5) SDN list.--The term ``SDN list'' means the list of
specially designated nationals and blocked persons maintained
by the Office of Foreign Assets Control of the Department of
the Treasury.
<all>
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118S452
|
Nuclear Fuel Security Act of 2023
|
[
[
"M001183",
"Sen. Manchin, Joe, III [D-WV]",
"sponsor"
],
[
"B001261",
"Sen. Barrasso, John [R-WY]",
"cosponsor"
],
[
"R000584",
"Sen. Risch, James E. [R-ID]",
"cosponsor"
],
[
"W000805",
"Sen. Warner, Mark R. [D-VA]",
"cosponsor"
],
[
"C001088",
"Sen. Coons, Christopher A. [D-DE]",
"cosponsor"
]
] |
<html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 452 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 452
To require the Secretary of Energy to establish a Nuclear Fuel Security
Program, expand the American Assured Fuel Supply Program, and submit a
report on a civil nuclear credit program, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
February 15, 2023
Mr. Manchin (for himself, Mr. Barrasso, and Mr. Risch) 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 Nuclear Fuel Security
Program, expand the American Assured Fuel Supply Program, and submit a
report on a civil nuclear credit 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 ``Nuclear Fuel Security Act of 2023''.
SEC. 2. U.S. NUCLEAR FUEL SECURITY INITIATIVE.
(a) Sense of Congress.--It is the sense of Congress that--
(1) the Department should--
(A) prioritize activities to increase domestic
production of low-enriched uranium; and
(B) accelerate efforts to establish a domestic
high-assay, low-enriched uranium enrichment capability;
and
(2) if domestic enrichment of high-assay, low-enriched
uranium will not be commercially available at the scale needed
in time to meet the needs of the advanced nuclear reactor
demonstration projects of the Department, the Secretary shall
consider and implement, as necessary--
(A) all viable options to make high-assay, low-
enriched uranium produced from inventories owned by the
Department available in a manner that is sufficient to
maximize the potential for the Department to meet the
needs and schedules of advanced nuclear reactor
developers, without impacting existing Department
missions, until such time that commercial enrichment
and deconversion capability for high-assay, low-
enriched uranium exists at a scale sufficient to meet
future needs; and
(B) all viable options for partnering with
countries that are allies or partners of the United
States to meet those needs and schedules until that
time.
(b) Objectives.--The objectives of this section are--
(1) to expeditiously increase domestic production of low-
enriched uranium;
(2) to expeditiously increase domestic production of high-
assay, low-enriched uranium by an annual quantity, and in such
form, determined by the Secretary to be sufficient to meet the
needs of--
(A) advanced nuclear reactor developers; and
(B) the consortium;
(3) to ensure the availability of domestically produced,
converted, enriched, deconverted, and reduced uranium in a
quantity determined by the Secretary, in consultation with U.S.
nuclear energy companies, to be sufficient to address a
reasonably anticipated supply disruption;
(4) to address gaps and deficiencies in the domestic
production, conversion, enrichment, deconversion, and reduction
of uranium by partnering with countries that are allies or
partners of the United States if domestic options are not
practicable;
(5) to ensure that, in the event of a supply disruption in
the nuclear fuel market, a reserve of nuclear fuels is
available to serve as a backup supply to support the nuclear
nonproliferation and civil nuclear energy objectives of the
Department;
(6) to support enrichment, deconversion, and reduction
technology deployed in the United States; and
(7) to ensure that, until such time that domestic
enrichment and deconversion of high-assay, low-enriched uranium
is commercially available at the scale needed to meet the needs
of advanced nuclear reactor developers, the Secretary considers
and implements, as necessary--
(A) all viable options to make high-assay, low-
enriched uranium produced from inventories owned by the
Department available in a manner that is sufficient to
maximize the potential for the Department to meet the
needs and schedules of advanced nuclear reactor
developers; and
(B) all viable options for partnering with
countries that are allies or partners of the United
States to meet those needs and schedules.
(c) Definitions.--In this section:
(1) Advanced nuclear reactor.--The term ``advanced nuclear
reactor'' has the meaning given the term in section 951(b) of
the Energy Policy Act of 2005 (42 U.S.C. 16271(b)).
(2) Associated entity.--The term ``associated entity''
means an entity that--
(A) is owned, controlled, or dominated by--
(i) the government of a country that is an
ally or partner of the United States; or
(ii) an associated individual; or
(B) is organized under the laws of, or otherwise
subject to the jurisdiction of, a country that is an
ally or partner of the United States, including a
corporation that is incorporated in such a country.
(3) Associated individual.--The term ``associated
individual'' means an alien who is a national of a country that
is an ally or partner of the United States.
(4) Consortium.--The term ``consortium'' means the
consortium established under section 2001(a)(2)(F) of the
Energy Act of 2020 (42 U.S.C. 16281(a)(2)(F)).
(5) Department.--The term ``Department'' means the
Department of Energy.
(6) High-assay, low-enriched uranium; haleu.--The term
``high-assay, low-enriched uranium'' or ``HALEU'' means high-
assay low-enriched uranium (as defined in section 2001(d) of
the Energy Act of 2020 (42 U.S.C. 16281(d))).
(7) Low-enriched uranium; leu.--The term ``low-enriched
uranium'' or ``LEU'' means each of--
(A) low-enriched uranium (as defined in section
3102 of the USEC Privatization Act (42 U.S.C. 2297h));
and
(B) low-enriched uranium (as defined in section
3112A(a) of that Act (42 U.S.C. 2297h-10a(a))).
(8) Programs.--The term ``Programs'' means--
(A) the Nuclear Fuel Security Program established
under subsection (d)(1);
(B) the American Assured Fuel Supply Program of the
Department; and
(C) the HALEU for Advanced Nuclear Reactor
Demonstration Projects Program established under
subsection (d)(3).
(9) Secretary.--The term ``Secretary'' means the Secretary
of Energy.
(10) U.S. nuclear energy company.--The term ``U.S. nuclear
energy company'' means a company that--
(A) is organized under the laws of, or otherwise
subject to the jurisdiction of, the United States; and
(B) is involved in the nuclear energy industry.
(d) Establishment and Expansion of Programs.--The Secretary,
consistent with the objectives described in subsection (b), shall--
(1) establish a program, to be known as the ``Nuclear Fuel
Security Program'', to increase the quantity of LEU and HALEU
produced by U.S. nuclear energy companies;
(2) expand the American Assured Fuel Supply Program of the
Department to ensure the availability of domestically produced,
converted, enriched, deconverted, and reduced uranium in the
event of a supply disruption; and
(3) establish a program, to be known as the ``HALEU for
Advanced Nuclear Reactor Demonstration Projects Program''--
(A) to maximize the potential for the Department to
meet the needs and schedules of advanced nuclear
reactor developers until such time that commercial
enrichment and deconversion capability for HALEU exists
in the United States at a scale sufficient to meet
future needs; and
(B) where practicable, to partner with countries
that are allies or partners of the United States to
meet those needs and schedules until that time.
(e) Nuclear Fuel Security Program.--
(1) In general.--In carrying out the Nuclear Fuel Security
Program, the Secretary--
(A) shall--
(i) not later than 180 days after the date
of enactment of this Act, enter into 2 or more
contracts to begin acquiring not less than 100
metric tons per year of LEU by December 31,
2026 (or the earliest operationally feasible
date thereafter), to ensure diversity of supply
in domestic uranium mining, conversion,
enrichment, and deconversion capacity and
technologies, including new capacity, among
U.S. nuclear energy companies;
(ii) not later than 180 days after the date
of enactment of this Act, enter into 2 or more
contracts with members of the consortium to
begin acquiring not less than 20 metric tons
per year of HALEU by December 31, 2027 (or the
earliest operationally feasible date
thereafter), from U.S. nuclear energy
companies;
(iii) utilize only uranium produced,
converted, enriched, deconverted, and reduced
in--
(I) the United States; or
(II) if domestic options are not
practicable, a country that is an ally
or partner of the United States; and
(iv) to the maximum extent practicable,
ensure that the use of domestic uranium
utilized as a result of that program does not
negatively affect the economic operation of
nuclear reactors in the United States; and
(B)(i) may not make commitments under this
subsection (including cooperative agreements (used in
accordance with section 6305 of title 31, United States
Code), purchase agreements, guarantees, leases, service
contracts, or any other type of commitment) for the
purchase or other acquisition of HALEU or LEU unless--
(I) funds are specifically provided for
those purposes in advance in appropriations
Acts enacted after the date of enactment of
this Act; or
(II) the commitment is funded entirely by
funds made available to the Secretary from the
account described in subsection (i)(2)(B); and
(ii) may make a commitment described in clause (i)
only--
(I) if the full extent of the anticipated
costs stemming from the commitment is recorded
as an obligation at the time that the
commitment is made; and
(II) to the extent of that up-front
obligation recorded in full at that time.
(2) Considerations.--In carrying out paragraph (1)(A)(ii),
the Secretary shall consider and, if appropriate, implement--
(A) options to ensure the quickest availability of
commercially enriched HALEU, including--
(i) partnerships between 2 or more
commercial enrichers; and
(ii) utilization of up to 10-percent
enriched uranium as feedstock in demonstration-
scale or commercial HALEU enrichment
facilities;
(B) options to partner with countries that are
allies or partners of the United States to provide LEU
and HALEU for commercial purposes;
(C) options that provide for an array of HALEU--
(i) enrichment levels;
(ii) output levels to meet demand; and
(iii) fuel forms, including uranium metal
and oxide; and
(D) options--
(i) to replenish, as necessary, Department
stockpiles of uranium that were intended to be
downblended for other purposes, but were
instead used in carrying out activities under
the HALEU for Advanced Nuclear Reactor
Demonstration Projects Program;
(ii) to continue supplying HALEU to meet
the needs of the recipients of an award made
pursuant to the funding opportunity
announcement of the Department numbered DE-FOA-
0002271 for Pathway 1, Advanced Reactor
Demonstrations; and
(iii) to make HALEU available to other
advanced nuclear reactor developers and other
end-users.
(3) Avoidance of market disruptions.--In carrying out the
Nuclear Fuel Security Program, the Secretary, to the extent
practicable and consistent with the purposes of that program,
shall not disrupt or replace market mechanisms by competing
with U.S. nuclear energy companies.
(f) Expansion of the American Assured Fuel Supply Program.--The
Secretary, in consultation with U.S. nuclear energy companies, shall--
(1) expand the American Assured Fuel Supply Program of the
Department by merging the operations of the Uranium Reserve
Program of the Department with the American Assured Fuel Supply
Program; and
(2) in carrying out the American Assured Fuel Supply
Program of the Department, as expanded under paragraph (1)--
(A) maintain, replenish, diversify, or increase the
quantity of uranium made available by that program in a
manner determined by the Secretary to be consistent
with the purposes of that program and the objectives
described in subsection (b);
(B) utilize only uranium produced, converted,
enriched, deconverted, and reduced in--
(i) the United States; or
(ii) if domestic options are not
practicable, a country that is an ally or
partner of the United States;
(C) make uranium available from the American
Assured Fuel Supply, subject to terms and conditions
determined by the Secretary to be reasonable and
appropriate;
(D) refill and expand the supply of uranium in the
American Assured Fuel Supply, including by maintaining
a limited reserve of uranium to address a potential
event in which a domestic or foreign recipient of
uranium experiences a supply disruption for which
uranium cannot be obtained through normal market
mechanisms or under normal market conditions; and
(E) take other actions that the Secretary
determines to be necessary or appropriate to address
the purposes of that program and the objectives
described in subsection (b).
(g) HALEU for Advanced Nuclear Reactor Demonstration Projects
Program.--
(1) Activities.--On enactment of this Act, the Secretary
shall immediately accelerate and, as necessary, initiate
activities to make available from inventories or stockpiles
owned by the Department and made available to the consortium,
HALEU for use in advanced nuclear reactors that cannot operate
on uranium with lower enrichment levels or on alternate fuels,
with priority given to the awards made pursuant to the funding
opportunity announcement of the Department numbered DE-FOA-
0002271 for Pathway 1, Advanced Reactor Demonstrations, with
additional HALEU to be made available to other advanced nuclear
reactor developers, as the Secretary determines to be
appropriate.
(2) Quantity.--In carrying out activities under this
subsection, the Secretary shall consider and implement, as
necessary, all viable options to make HALEU available in
quantities and forms sufficient to maximize the potential for
the Department to meet the needs and schedules of advanced
nuclear reactor developers, including by seeking to make
available--
(A) by September 30, 2024, not less than 3 metric
tons of HALEU;
(B) by December 31, 2025, not less than an
additional 8 metric tons of HALEU; and
(C) by June 30, 2026, not less than an additional
10 metric tons of HALEU.
(3) Factors for consideration.--In carrying out activities
under this subsection, the Secretary shall take into
consideration--
(A) options for providing HALEU from a stockpile of
uranium owned by the Department, including--
(i) uranium that has been declared excess
to national security needs during or prior to
fiscal year 2023;
(ii) uranium that--
(I) directly meets the needs of
advanced nuclear reactor developers;
but
(II) has been previously used or
fabricated for another purpose;
(iii) uranium that can meet the needs of
advanced nuclear reactor developers after
removing radioactive or other contaminants that
resulted from previous use or fabrication of
the fuel for research, development,
demonstration, or deployment activities of the
Department, including activities that reduce
the environmental liability of the Department
by accelerating the processing of uranium from
stockpiles designated as waste;
(iv) uranium from a high-enriched uranium
stockpile, which can be blended with lower
assay uranium to become HALEU to meet the needs
of advanced nuclear reactor developers; and
(v) uranium from stockpiles intended for
other purposes (excluding stockpiles intended
for national security needs), but for which
uranium could be swapped or replaced in time in
such a manner that would not negatively impact
the missions of the Department;
(B) options for expanding, or establishing new,
capabilities or infrastructure to support the
processing of uranium from Department inventories;
(C) options for accelerating the availability of
HALEU from HALEU enrichment demonstration projects of
the Department;
(D) options for providing HALEU from domestically
enriched HALEU procured by the Department through a
competitive process pursuant to the Nuclear Fuel
Security Program established under subsection (d)(1);
(E) options to replenish, as needed, Department
stockpiles of uranium made available pursuant to
subparagraph (A) with domestically enriched HALEU
procured by the Department through a competitive
process pursuant to the Nuclear Fuel Security Program
established under subsection (d)(1); and
(F) options that combine 1 or more of the
approaches described in subparagraphs (A) through (E)
to meet the deadlines described in paragraph (2).
(4) Limitations.--
(A) Certain services.--The Secretary shall not
barter or otherwise sell or transfer uranium in any
form in exchange for services relating to--
(i) the final disposition of radioactive
waste from uranium that is the subject of a
contract for sale, resale, transfer, or lease
under this subsection; or
(ii) environmental cleanup activities.
(B) Certain commitments.--In carrying out
activities under this subsection, the Secretary--
(i) may not make commitments under this
subsection (including cooperative agreements
(used in accordance with section 6305 of title
31, United States Code), purchase agreements,
guarantees, leases, service contracts, or any
other type of commitment) for the purchase or
other acquisition of HALEU or LEU unless--
(I) funds are specifically provided
for those purposes in advance in
appropriations Acts enacted after the
date of enactment of this Act; or
(II) the commitment is funded
entirely by funds made available to the
Secretary from the account described in
subsection (i)(2)(B); and
(ii) may make a commitment described in
clause (i) only--
(I) if the full extent of the
anticipated costs stemming from the
commitment is recorded as an obligation
at the time that the commitment is
made; and
(II) to the extent of that up-front
obligation recorded in full at that
time.
(5) Sunset.--The authority of the Secretary to carry out
activities under this subsection shall terminate on the date on
which the Secretary notifies Congress that the HALEU needs of
advanced nuclear reactor developers can be fully met by
commercial HALEU suppliers in the United States, as determined
by the Secretary, in consultation with U.S. nuclear energy
companies.
(h) Domestic Sourcing Considerations.--
(1) In general.--Except as provided in paragraph (2), the
Secretary may only carry out an activity in connection with 1
or more of the Programs if--
(A) the activity promotes manufacturing in the
United States associated with uranium supply chains; or
(B) the activity relies on resources, materials, or
equipment developed or produced--
(i) in the United States; or
(ii) in a country that is an ally or
partner of the United States by--
(I) the government of that country;
(II) an associated entity; or
(III) a U.S. nuclear energy
company.
(2) Waiver.--The Secretary may waive the requirements of
paragraph (1) with respect to an activity if the Secretary
determines a waiver to be necessary to achieve 1 or more of the
objectives described in subsection (b).
(i) Reasonable Compensation.--
(1) In general.--In carrying out activities under this
section, the Secretary shall ensure that any LEU and HALEU made
available by the Secretary under 1 or more of the Programs is
subject to reasonable compensation, taking into account the
fair market value of the LEU or HALEU and the purposes of this
section.
(2) Availability of certain funds.--
(A) In general.--Notwithstanding section 3302(b) of
title 31, United States Code, revenues received by the
Secretary from the sale or transfer of fuel feed
material acquired by the Secretary pursuant to a
contract entered into under clause (i) or (ii) of
subsection (e)(1)(A) shall--
(i) be deposited in the account described
in subparagraph (B);
(ii) be available to the Secretary for
carrying out the purposes of this section, to
reduce the need for further appropriations for
those purposes; and
(iii) remain available until expended.
(B) Revolving fund.--There is established in the
Treasury an account into which the revenues described
in subparagraph (A) shall be--
(i) deposited in accordance with clause (i)
of that subparagraph; and
(ii) made available in accordance with
clauses (ii) and (iii) of that subparagraph.
(j) Nuclear Regulatory Commission.--The Nuclear Regulatory
Commission shall prioritize and expedite consideration of any action
related to the Programs to the extent permitted under the Atomic Energy
Act of 1954 (42 U.S.C. 2011 et seq.) and related statutes.
(k) USEC Privatization Act.--The requirements of section 3112(d)(2)
of the USEC Privatization Act (42 U.S.C. 2297h-10(d)(2)) shall not
apply to activities related to the Programs.
(l) National Security Needs.--The Secretary shall only make
available to a member of the consortium under this section for
commercial use or use in a demonstration project material that the
President has determined is not necessary for national security needs,
subject to the condition that the material made available shall not
include any material that the Secretary determines to be necessary for
the National Nuclear Security Administration or any critical mission of
the Department.
(m) International Agreements.--This section shall be applied in a
manner consistent with the obligations of the United States under
international agreements.
(n) Authorization of Appropriations.--In addition to amounts
otherwise available, there are authorized to be appropriated to the
Secretary to carry out activities under this section $3,500,000,000 for
fiscal year 2023, to remain available until September 30, 2032, of
which the Secretary may use up to $1,000,000,000 by September 30, 2028,
to carry out the HALEU for Advanced Nuclear Reactor Demonstration
Projects Program.
SEC. 3. REPORT ON CIVIL NUCLEAR CREDIT PROGRAM.
Not later than 180 days after the date of enactment of this Act,
the Secretary of Energy shall submit to the appropriate committees of
Congress a report that identifies the anticipated funding requirements
for the civil nuclear credit program described in section 40323 of the
Infrastructure Investment and Jobs Act (42 U.S.C. 18753), taking into
account--
(1) the zero-emission nuclear power production credit
authorized by section 45U of the Internal Revenue Code of 1986;
and
(2) any increased fuel costs associated with the use of
domestic fuel that may arise from the implementation of that
program.
<all>
</pre></body></html>
|
[
"Energy"
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|
118S453
|
Prohibiting IRS Financial Surveillance Act
|
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"sponsor"
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] |
<p><strong>Prohibiting IRS Financial Surveillance Act </strong></p> <p>This bill prohibits the Department of the Treasury from requiring a financial institution to report on an account's balance, transactions, transfers, or similar information. This prohibition does not apply to laws or regulations in effect on the date of enactment.</p>
|
<html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 453 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 453
To prohibit the implementation of new requirements to report bank
account deposits and withdrawals.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
February 15, 2023
Mr. Scott of South Carolina (for himself, Mr. Crapo, Mr. Barrasso, Mr.
Braun, Mr. Cornyn, Mr. Cruz, Mr. Grassley, Mr. Kennedy, Mr. Marshall,
Mr. Rounds, Mr. Wicker, Mrs. Blackburn, Mr. Cassidy, Mr. Cotton, Mr.
Daines, Mr. Hagerty, Mr. Lankford, Mr. Paul, Mr. Scott of Florida, Mr.
Vance, Mr. Boozman, Ms. Collins, Mr. Graham, Mr. Hoeven, Ms. Lummis,
Mr. Risch, Mr. Young, Mr. Thune, Mr. Moran, Ms. Ernst, and Mr. Johnson)
introduced the following bill; which was read twice and referred to the
Committee on Banking, Housing, and Urban Affairs
_______________________________________________________________________
A BILL
To prohibit the implementation of new requirements to report bank
account deposits and withdrawals.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Prohibiting IRS Financial
Surveillance Act''.
SEC. 2. PROHIBITION ON NEW REQUIREMENTS TO REPORT BANK ACCOUNT DEPOSITS
AND WITHDRAWALS.
The Secretary of the Treasury (including any delegate of the
Secretary) may not require any financial institution to report--
(1) the inflows or outflows of any account maintained by
such institution, or
(2) any balances, transactions, transfers, or similar
information with respect to any such account,
except to the extent that such reporting is required under any program,
or other provision of law, as in effect on the date of the enactment of
this Act.
<all>
</pre></body></html>
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118S454
|
Youth Workforce Readiness Act of 2023
|
[
[
"S001203",
"Sen. Smith, Tina [D-MN]",
"sponsor"
],
[
"G000359",
"Sen. Graham, Lindsey [R-SC]",
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[
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"Sen. Wyden, Ron [D-OR]",
"cosponsor"
],
[
"C001035",
"Sen. Collins, Susan M. [R-ME]",
"cosponsor"
]
] |
<html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 454 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 454
To establish a competitive grant program to support out-of-school-time
youth workforce readiness programs, providing employability skills
development, career exploration, employment readiness training,
mentoring, work-based learning, and workforce opportunities for
eligible youth.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
February 15, 2023
Ms. Smith (for herself, Mr. Graham, Mr. Wyden, and Ms. Collins)
introduced the following bill; which was read twice and referred to the
Committee on Health, Education, Labor, and Pensions
_______________________________________________________________________
A BILL
To establish a competitive grant program to support out-of-school-time
youth workforce readiness programs, providing employability skills
development, career exploration, employment readiness training,
mentoring, work-based learning, and workforce opportunities for
eligible youth.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Youth Workforce Readiness Act of
2023''.
SEC. 2. PURPOSE.
The purpose of this Act is to establish or expand activities to--
(1) increase access and opportunities for youth to obtain
the education and training that youth need to succeed in the
labor market;
(2) support engagement in and the integration of programs
and activities offered during out-of-school-time hours through
the workforce investment, education, and economic development
systems;
(3) improve the quality of the workforce and meet the skill
requirements of employers;
(4) engage employers in addressing the training, skill, and
employment needs of youth and youth jobseekers, and fostering
opportunities for connection and economic mobility; and
(5) include younger youth in the education and workforce
investment activities in an age and developmentally appropriate
manner.
SEC. 3. DEFINITIONS.
In this Act:
(1) Community-based organization.--The term ``community-
based organization'' means a youth-serving private nonprofit
organization (which may include a faith-based organization)
that--
(A) is representative of a community or a
significant segment of a community;
(B) has demonstrated expertise and effectiveness in
workforce development; and
(C) has demonstrated expertise--
(i) in the planning and delivery of
education, training, and related activities
that are included in a career pathway;
(ii) in forging coordination and
cooperation between educators and other members
of the community; and
(iii) in development and implementation of
data systems that measure the progress of
students and outcomes of career pathways.
(2) Covered partnership.--The term ``covered partnership''
means a partnership between--
(A) a community-based organization; and
(B) an industry or sector partnership, a local
educational agency, or another public entity or private
employer, as appropriate.
(3) Eligible youth.--The term ``eligible youth'' has the
meaning given the term in section 3 of the Workforce Innovation
and Opportunity Act (29 U.S.C. 3102), except that the
individual involved shall be--
(A) not younger than age 6; and
(B) not older than age 18 (or age 19 if enrolled in
secondary school).
(4) Industry or sector partnership.--The term ``industry or
sector partnership'' means--
(A) an industry or sector partnership, as defined
in section 3 of the Workforce Innovation and
Opportunity Act (29 U.S.C. 3102); and
(B) a collaborative that meets the requirements of
paragraph (26) of that section 3 but also includes--
(i) an Indian tribe or tribal organization
(as such terms are defined in section 166(b) of
that Act (29 U.S.C. 3221(b))), as appropriate;
or
(ii) a community-based organization.
(5) Out-of-school-time.--The term ``out-of-school-time'',
used with respect to a program, means a supervised program
regularly attended by eligible youth, that fosters learning and
development during out-of-school-time hours, which includes
hours before school, after school, during summer vacation or
another school holiday, or on a Saturday or Sunday.
(6) Secretary.--The term ``Secretary'' means the Secretary
of Labor.
(7) WIOA definitions.--The terms ``career pathway'',
``customized training'', ``in-demand industry sector or
occupation'', ``local area'', ``local board'', ``local
educational agency'', and ``recognized postsecondary
credential'' have the meanings given the terms in section 3 of
the Workforce Innovation and Opportunity Act (29 U.S.C. 3102).
(8) Workforce readiness program.--The term ``workforce
readiness program'' means an out-of-school-time program that--
(A) meets the requirements of section 7;
(B) is offered by a community-based organization of
an eligible entity or a related covered partnership;
and
(C) is intended to help prepare eligible youth for
the workforce.
SEC. 4. GRANT PROGRAM ESTABLISHMENT.
(a) Grants.--Using the amounts made available under section 9, the
Secretary shall award grants, on a competitive basis, to eligible
entities.
(b) General Use of Funds.--The Secretary shall award the grants, on
a competitive basis, to assist eligible entities in planning,
developing, and implementing nationwide, comprehensive workforce
readiness programs, that are--
(1) in out-of-school-time programs;
(2) carried out by community-based organizations of the
eligible entity or related covered partnerships; and
(3) for eligible youth.
(c) Periods of Grants.--The Secretary shall award the grants for
periods of not less than 3 years and not more than 5 years.
SEC. 5. ELIGIBLE ENTITIES.
To be eligible to receive a grant under section 4, an entity
shall--
(1)(A) be a national youth-serving organization with active
chapters, affiliates, or subgrant recipients, that are
community-based organizations (including such organizations
that are facility-based organizations) in not fewer than 35
States; and
(B) provide programming focused on youth workforce
readiness in an out-of-school-time program; and
(2) obtain approval of an application under section 6.
SEC. 6. APPLICATION.
To be eligible to receive a grant under section 4, an entity shall
submit an application to the Secretary at such time, in such manner,
and containing such information as the Secretary may require,
including--
(1) a description of how the entity will implement a youth
workforce readiness program in a manner that ensures an
equitable geographic distribution of program activities,
including an equitable distribution between urban and rural
communities;
(2) a description of the proposed program activities to be
funded and their locations;
(3) a description of populations of eligible youth to be
served, including populations living in or from underserved
communities or communities with employment disparities;
(4) a description of the effective strategies, best
practices, or evidence-based practices the workforce readiness
program will use;
(5) an assurance that the program will take place in safe
and easily accessible facilities;
(6) a demonstration of how, in implementing the proposed
program activities, the entity will coordinate activities with
Federal, State, and local programs and make the most effective
use of public resources;
(7) a description of--
(A) the community-based organizations or the
covered partnerships through which the entity will
implement the program; and
(B) if a covered partnership will assist in
implementing the program, the collaboration and
coordination activities that the community-based
organization in the partnership has carried out or will
carry out with other entities in the partnership,
related to that implementation;
(8) if the program includes an opportunity to earn a
recognized postsecondary credential, a description of the
activities leading to the credential; and
(9) an assurance that funds provided under this Act will be
used to supplement and not supplant other Federal, State, or
local funds expended to provide youth programs or workforce
readiness programs.
SEC. 7. PROGRAM ACTIVITIES.
(a) In General.--An eligible entity that receives a grant under
section 4 shall use the grant funds--
(1) if the entity seeks to implement the workforce
readiness program through a covered partnership, to establish
the partnership; and
(2) to carry out the development and implementation of a
youth workforce readiness program--
(A) that includes services to help prepare eligible
youth for the workforce, which services shall include--
(i) leadership development opportunities,
which may include community service and peer-
centered activities encouraging responsibility
and other positive social and civic behaviors,
as appropriate;
(ii) workforce or workforce readiness
opportunities;
(iii) supportive services;
(iv) adult mentoring for the period of
participation and a subsequent period, for a
total of not less than 12 months;
(v) comprehensive guidance and counseling
(which may include drug and alcohol abuse
counseling and referral, and prevention
services, as appropriate);
(vi) financial literacy education;
(vii) entrepreneurial skills training;
(viii) services that provide labor market
and employment information about in-demand
industry sectors or occupations available in
the local area, such as career awareness,
career counseling, and career exploration
services;
(ix) activities to develop fundamental
workforce readiness skills, or to develop
employability skills (such as communication,
creativity, collaboration, and critical
thinking) that support social-emotional
development through every developmental stage,
in both formal and informal learning
experiences; and
(x) career exposure, through mentoring and
targeted programming, offered by local industry
or sector partnerships, to provide career
assessments and education and career planning;
(B) that includes services to help prepare eligible
youth who are not younger than age 15 for the
workforce, which services shall include--
(i) support for the use of career pathways;
(ii) paid and unpaid work experiences that
have as a component academic and occupational
education, which may include--
(I) summer employment opportunities
and other employment opportunities
available throughout the school year;
(II) pre-apprenticeship and
registered apprenticeship programs;
(III) internships and job
shadowing; and
(IV) on-the-job training
opportunities;
(iii) work-based learning (as defined in
section 3 of the Carl D. Perkins Career and
Technical Education Act of 2006 (20 U.S.C.
2302)) that provides opportunities for the
application of employability skills, and hands-
on work experiences through covered
partnerships;
(iv) occupational skill training, which
shall include priority consideration for
training programs that lead to recognized
postsecondary credentials that are aligned with
in-demand industry sectors or occupations in
the local area involved, if the local board
determines that the programs meet the quality
criteria described in section 123 of the
Workforce Innovation and Opportunity Act (29
U.S.C. 3153);
(v) the provision of customized training;
(vi) education offered concurrently with
and in the same context as workforce readiness
activities and training for a specific
occupation or occupational cluster; and
(vii) activities that help youth prepare
for and transition to postsecondary education
and training; and
(C) that may include--
(i) the provision of professional
development (as defined in section 3 of the
Carl D. Perkins Career and Technical Education
Act of 2006 (20 U.S.C. 2302)) for training
educators and other providers of educational
services who participate in the workforce
readiness program; and
(ii) developing assets and resources that
assist an employer or groups of employers or
sectors in working with eligible youth.
(b) Subgrants.--The eligible entity may use the grant funds, with
the approval of the Secretary, to award subgrants to eligible
organizations to carry out activities through a youth workforce
readiness program.
SEC. 8. EVALUATION AND REPORTING.
(a) Measures of Effectiveness.--
(1) In general.--An eligible entity that implements a youth
workforce readiness program under this Act shall--
(A) ensure that the program is--
(i) based upon an assessment of objective
data regarding the need for such a program in
the communities served; and
(ii) evaluated on an established set of
performance measures aimed at ensuring the
availability of high-quality opportunities by
measuring eligible youth success; and
(B) collect the data necessary for the measures of
eligible youth success described in subparagraph
(A)(ii).
(2) Measures.--The performance measures (including
indicators) that will be used to evaluate the youth workforce
readiness programs--
(A) shall be aligned with the regular academic
program of the school of and the academic needs of
participating eligible youth; and
(B) shall include performance measures that--
(i) are able to track the success (such as
improvement over time) of eligible youth; and
(ii) include assessment results and other
indicators of eligible youth success, such as
improved attendance during the school day,
better classroom grades, regular (or
consistent) program attendance, and on-time
advancement to the next grade level; and
(C) for high school students, may include
indicators such as achievement of career competencies,
or successful completion of internships,
apprenticeships, or work-based learning opportunities,
or high school graduation.
(b) Periodic Evaluation.--
(1) In general.--The Secretary shall conduct a periodic
evaluation of the eligible entity, to assess the progress of
the entity's youth workforce readiness program toward ensuring
high-quality opportunities by measuring eligible youth success.
(2) Use of results.--The results of evaluations under
paragraph (1) shall be--
(A) used to refine, improve, and strengthen the
program, and to refine the performance measures; and
(B) used by the Secretary to determine whether a
grant for a program is eligible to be renewed under
section 4.
(c) Reporting.--The Secretary shall submit a report containing the
results of the evaluation to the appropriate committees of Congress,
and make the report available to the public.
SEC. 9. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated to carry out this Act such
sums as may be necessary for each of fiscal years 2024 through 2028.
SEC. 10. REESTABLISHMENT OF YOUTH COUNCILS.
(a) Establishment.--Section 107 of the Workforce Innovation and
Opportunity Act (29 U.S.C. 3122) is amended by adding at the end the
following:
``(j) Youth Council.--
``(1) Establishment.--There shall be established, as a
subgroup within each local board, a youth council appointed by
the local board, in cooperation with the chief elected official
for the local area.
``(2) Membership.--The membership of each youth council--
``(A) shall include--
``(i) representatives with special interest
or professional expertise in youth workforce
development programs, activities related to
youth workforce readiness, or youth workforce
investment activities;
``(ii) local labor or joint labor-
management organizations; and
``(iii) representatives of education-
related organizations; and
``(B) may include--
``(i) members of the local board with
special interest or expertise in youth
workforce readiness or youth workforce
development;
``(ii) representatives of local labor or
joint labor-management organizations with
special interest or expertise in youth
workforce readiness or youth workforce
development;
``(iii) representatives of the workforce,
in the local area, with special interest or
expertise in youth workforce readiness or youth
workforce development;
``(iv) representatives of entities
administering education and training
activities, including career and technical
education activities, in the local area, with
special interest or expertise in youth
workforce readiness or youth workforce
development;
``(v) representatives of youth service
agencies, including juvenile justice and local
law enforcement agencies, and representatives
of local public housing authorities;
``(vi) parents of eligible youth, and
current or former youth program participants;
``(vii) representatives of vulnerable
populations (including foster youth, minority
youth, and youth with disabilities);
``(viii) community representatives,
employers of eligible youth, and workplace
learning advisors (as defined in section 3),
with experience relating to youth workforce
activities;
``(ix) for a local area in which a Job
Corps center is located, representatives of
that center; and
``(x) such other individuals as the
chairperson of the local board, in cooperation
with the chief elected official, determines to
be appropriate.
``(3) Relationship to local board.--Members of the youth
council who are not otherwise members of the local board shall
be voting members of the youth council and nonvoting members of
the board.
``(4) Duties.--The duties of the youth council shall
include--
``(A) representing the interests of youth before
the local board;
``(B) collaborating with the local board to ensure
programs address youth workforce development and youth
workforce readiness; and
``(C) advising the local board on the inclusion and
incorporation of the local youth workforce in decisions
as appropriate.''.
(b) State Plans.--Section 102(b)(2)(C) of the Workforce Innovation
and Opportunity Act (29 U.S.C. 3112(b)(2)(C)) is amended--
(1) in clause (vii), by striking ``and'' at the end;
(2) by redesignating clause (viii) as clause (ix); and
(3) by inserting after clause (vii) the following:
``(viii) how the local boards in the State
are incorporating the recommendations of the
youth councils within the local boards; and''.
(c) Local Plans.--Section 108(b) of the Workforce Innovation and
Opportunity Act (29 U.S.C. 3123(b)) is amended--
(1) in paragraph (21), by striking ``and'' at the end;
(2) by redesignating paragraph (22) as paragraph (23); and
(3) by inserting after paragraph (21) the following:
``(22) how the local board is incorporating the
recommendations of the youth council within the local board;
and''.
(d) Annual Reports.--Section 116(d) of the Workforce Innovation and
Opportunity Act (29 U.S.C. 3141(d)) is amended--
(1) in paragraph (2)--
(A) in subparagraph (K), by striking ``and'' at the
end;
(B) by redesignating subparagraph (L) as
subparagraph (M); and
(C) by inserting after subparagraph (K) the
following:
``(L) information on the activities carried out in
the State on the recommendation of youth councils in
the State; and''; and
(2) in paragraph (3)--
(A) in subparagraph (A), by striking ``(L)'' and
inserting ``(M)'';
(B) in subparagraph (B), by striking ``and'' at the
end;
(C) by redesignating subparagraph (C) as
subparagraph (D); and
(D) by inserting after subparagraph (B) the
following:
``(C) information on the activities carried out in
the local area on the recommendation of the youth
council within the local board; and''.
<all>
</pre></body></html>
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118S455
|
Travel Freedom Act
|
[
[
"M001198",
"Sen. Marshall, Roger [R-KS]",
"sponsor"
],
[
"C001096",
"Sen. Cramer, Kevin [R-ND]",
"cosponsor"
],
[
"L000577",
"Sen. Lee, Mike [R-UT]",
"cosponsor"
],
[
"B001310",
"Sen. Braun, Mike [R-IN]",
"cosponsor"
]
] |
<p><b>Travel Freedom Act</b></p> <p>This bill nullifies certain orders issued by the Centers for Disease Control and Prevention (CDC) and the Department of Homeland Security (DHS) that restrict noncitizens from entering the United States if they are not full vaccinated against COVID-19.</p> <p>Specifically, the bill nullifies the CDC order titled <i>Amended Order Implementing Presidential Proclamation on Advancing the Safe Resumption of Global Travel During the COVID-19 Pandemic</i> and published on April 7, 2022. (The order restricts the entry of noncitizens who are not immigrants into the United States by air travel unless they are fully vaccinated against COVID-19 or otherwise attest that they will take public health measures to prevent the spread of the disease.)</p> <p>Additionally, the bill nullifies the DHS order titled <i>Notification of Temporary Travel Restrictions Applicable to Land Ports of Entry and Ferries Services Between the United States and Canada</i> and published on April 22, 2022. (The order restricts the entry of noncitizens who are not immigrants along the United States-Canada border, including at ferry terminals, unless they are fully vaccinated against COVID-19 and can provide proof upon request.)</p> <p>The bill also nullifies any successor or subsequent orders that require proof of a COVID-19 vaccination as a condition of entry into the United States and prohibits the use of federal funds to administer or enforce such requirements.</p>
|
<html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 455 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 455
To terminate the requirement imposed by the Director of the Centers for
Disease Control and Prevention for proof of COVID-19 vaccination for
foreign travelers, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
February 15, 2023
Mr. Marshall (for himself, Mr. Cramer, Mr. Lee, and Mr. Braun)
introduced the following bill; which was read twice and referred to the
Committee on Health, Education, Labor, and Pensions
_______________________________________________________________________
A BILL
To terminate the requirement imposed by the Director of the Centers for
Disease Control and Prevention for proof of COVID-19 vaccination for
foreign travelers, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Travel Freedom Act''.
SEC. 2. TERMINATING CDC REQUIREMENT FOR PROOF OF COVID-19 VACCINATION
FOR FOREIGN TRAVELERS.
(a) In General.--Beginning on the date of the enactment of this
Act, the air travel vaccination requirement for foreign travelers shall
have no force or effect.
(b) Prohibition on Funding.--Beginning on the date of the enactment
of this Act, no Federal funds may be used to administer, implement, or
enforce the air travel vaccination requirement for foreign travelers.
(c) Air Travel Vaccination Requirement for Foreign Travelers.--In
this section, the term ``air travel vaccination requirement for foreign
travelers'' refers to the requirement specified in--
(1) the order issued by the Director of the Centers for
Disease Control and Prevention entitled ``Amended Order
Implementing Presidential Proclamation on Advancing the Safe
Resumption of Global Travel During the COVID-19 Pandemic'' and
published in the Federal Register on April 7, 2022 (87 Fed.
Reg. 20405 et seq.) for proof of COVID-19 vaccination for air
travelers who are covered individuals (as defined in such
order); or
(2) any successor or subsequent order of the Centers for
Disease Control and Prevention requiring foreign persons
traveling by air to show proof of COVID-19 vaccination as a
condition on entering the United States.
SEC. 3. TERMINATING REQUIREMENT FOR PROOF OF COVID-19 VACCINATION FOR
FOREIGN PERSONS ENTERING ALONG UNITED STATES-CANADA
BORDER.
(a) In General.--Beginning on the date of the enactment of this
Act, the vaccination requirement for processing foreign travelers
entering at land points of entry, including ferry terminals, along the
United States-Canada border shall have no force or effect.
(b) Prohibition on Funding.--Beginning on the date of the enactment
of this Act, no Federal funds may be used to administer, implement, or
enforce the vaccination requirement for processing foreign travelers
entering at land points of entry, including ferry terminals, along the
United States-Canada border.
(c) Vaccination Requirement for Foreign Travelers Entering Along
the United States-Canada Border.--In this section, the term
``vaccination requirement for processing foreign travelers entering at
land points of entry, including ferry terminals, along the United
States-Canada border'' refers to the requirement specified in--
(1) the decision issued by the Secretary of Homeland
Security and the Commissioner for U.S. Customs and Border
Protection entitled ``Notification of Temporary Travel
Restrictions Applicable to Land Ports of Entry and Ferries
Service Between the United States and Canada'' and published in
the Federal Register on April 22, 2022 (87 Fed. Reg. 24048 et
seq.) for proof of COVID-19 vaccination for travelers who are
covered individuals (as defined in such order); or
(2) any successor or subsequent order of the Secretary of
Homeland Security or the Commissioner for U.S. Customs and
Border Protection for the processing for entry into the United
States foreign persons to show proof of COVID-19 vaccination as
a condition on entering the United States, unless determined
necessary by Congress.
<all>
</pre></body></html>
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118S456
|
COMFORT Act
|
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<html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 456 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 456
To amend title 10, United States Code, to authorize non-medical
counseling services, provided by certain mental health professionals,
to military families.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
February 15, 2023
Ms. Sinema (for herself and Mr. Sullivan) introduced the following
bill; which was read twice and referred to the Committee on Armed
Services
_______________________________________________________________________
A BILL
To amend title 10, United States Code, to authorize non-medical
counseling services, provided by certain mental health professionals,
to military families.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Comforting Our Military Families
through On-base or Remote Treatment Act'' or the ``COMFORT Act''.
SEC. 2. NON-MEDICAL COUNSELING SERVICES FOR MILITARY FAMILIES.
(a) Non-Medical Counseling Services.--Notwithstanding any other
provision of law, a mental health professional described in subsection
(b) may provide non-medical counseling services to military families at
any location in a State, the District of Columbia, or a territory or
possession of the United States, without regard to where the provider
or recipient of such services is located, if the provision of such
services is within the scope of the authorized Federal duties of the
provider.
(b) Covered Mental Health Professionals.--A mental health
professional described in this subsection is a person who is--
(1) a currently licensed or certified mental health care
provider who holds an unrestricted license or certification
that is--
(A) issued by a State, the District of Columbia, or
a territory or possession of the United States; and
(B) recognized by the Secretary of Defense;
(2) a member of the uniformed services, a civilian employee
of the Department of Defense, or a contractor designated by the
Secretary; and
(3) performing authorized duties for the Department of
Defense under a program or activity referred to in subsection
(a).
<all>
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}
|
|
118S457
|
Protecting Our Kids from Child Abuse Act
|
[
[
"H001089",
"Sen. Hawley, Josh [R-MO]",
"sponsor"
],
[
"C001098",
"Sen. Cruz, Ted [R-TX]",
"cosponsor"
]
] |
<p><strong>Protecting Our Kids from Child Abuse Act</strong></p> <p>This bill retroactively makes certain health care facilities and medical practitioners liable for any physical, psychological, emotional, or physiological harms caused by performing a gender-transition procedure on an individual who is younger than 18. The liability extends for 30 years after the individual who received the procedure turns 18, and it applies to procedures that occurred prior to the enactment of the bill.</p> <p>Specifically, the liability applies to</p> <ul> <li>pediatric gender clinics (medical facilities specializing in the diagnosis and treatment of gender discordance and dysphoria in minors) that provide gender-transition procedures;</li> <li>institutions of higher education and hospitals affiliated with those clinics, and</li> <li>medical practitioners who perform gender-transition procedures and those who administer health care related to the procedures at pediatric gender clinics. </li> </ul> <p>Medical practitioners and health care facilities may defend against a liability claim if they neither knew nor had reason to know the individual was a minor. <p>Additionally, the bill prohibits federal funding for (1) gender-transition procedures performed on minors, (2) pediatric gender clinics, and (3) institutions of higher education or hospitals affiliated with those clinics.</p> <p>Under the bill, gender-transition procedures generally include surgeries or hormone therapies that change the body of an individual to correspond to a sex that is different than the individual's biological sex. They exclude, however, specified types of interventions, including those that address (1) ambiguous external biological sex characteristics or abnormal sex chromosome structure or hormones; or (2) infections or other harms that result from a gender-transition procedure.</p>
|
<html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 457 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 457
To establish a Federal tort against pediatric gender clinics and other
entities pushing gender-transition procedures that cause bodily injury
to children or harm the mental health of children.
_______________________________________________________________________
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 the Judiciary
_______________________________________________________________________
A BILL
To establish a Federal tort against pediatric gender clinics and other
entities pushing gender-transition procedures that cause bodily injury
to children or harm the mental health of children.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Protecting Our Kids from Child Abuse
Act''.
SEC. 2. FEDERAL TORT FOR HARM TO CHILDREN CAUSED BY GENDER-TRANSITION
PROCEDURES.
(a) Definitions.--In this section:
(1) Gender transition procedure.--
(A) In general.--Except as provided in subparagraph
(B), the term ``gender-transition procedure'' means--
(i) the prescription or administration of
gonadotropin-releasing hormone agonists or any
other puberty-blocking drugs for the purpose of
changing the body of an individual so that it
conforms to the subjective sense of identity of
the individual, in the case such identity is at
odds with the individual's biological sex of
male or female;
(ii) the prescription or administration of
testosterone (when prescribed to a female) or
estrogen (when prescribed to a male) for the
purpose of changing the body of an individual
so that it conforms to the subjective sense of
identity of the individual, in the case such
identity is at odds with the individual's
biological sex of male or female; or
(iii) a surgery to change the body of an
individual so that it conforms to the
subjective sense of identity of the individual,
in the case such identity is at odds with the
individual's biological sex of male or female.
(B) Exception.--The term ``gender-transition
procedure'' does not include--
(i) an intervention described in
subparagraph (A) that is performed on--
(I) an individual with biological
sex characteristics that are inherently
ambiguous, such as those born with 46
XX chromosomes with virilization, 46 XY
chromosomes with undervirilization, or
having both ovarian and testicular
tissue; or
(II) an individual with respect to
whom a physician has determined through
genetic or biochemical testing that the
individual does not have normal sex
chromosome structure, sex steroid
hormone production, or sex steroid
hormone action, for a biological male
or biological female;
(ii) the treatment of any infection,
injury, disease, or disorder that has been
caused or exacerbated by the performance of an
intervention described in subparagraph (A)
without regard to whether the intervention was
performed in accordance with State or Federal
law or whether the intervention is covered by
the private right of action under subsection
(c); or
(iii) any procedure undertaken because the
individual suffers from a physical disorder,
physical injury, or physical illness that
would, as certified by a physician, place the
individual in imminent danger of death or
impairment of major bodily function unless the
procedure is performed.
(2) Hospital.--The term ``hospital'' has the meaning given
such term in section 1861(e) of the Social Security Act (42
U.S.C. 1395x(e)).
(3) Institution of higher education.--The term
``institution of higher education'' has the meaning given such
term in section 101 of the Higher Education Act of 1965 (20
U.S.C. 1001).
(4) Medical practitioner.--The term ``medical
practitioner'' means a person who is licensed, certified, or
otherwise authorized by the laws of a State to administer
health care in the ordinary course of the practice of the
person's profession.
(5) Minor.--The term ``minor'' means an individual who has
not yet reached 18 years of age.
(6) Pediatric gender clinic.--The term ``pediatric gender
clinic'' means a medical facility that specializes in the
diagnosis or treatment of gender discordance and gender
dysphoria in minors, including medical interventions such as
therapeutic diagnosis of gender dysphoria and performance of
(or referral for) gender-transition procedures on minors.
(b) Liability.--The following individuals and entities shall be
liable in accordance with this section to any individual who suffers
bodily injury or harm to mental health (including any physical,
psychological, emotional, or physiological harm) that is attributable,
in whole or in part, to a gender-transition procedure performed on the
individual when the individual was a minor:
(1) A pediatric gender clinic where the gender-transition
procedure was provided.
(2) Any medical practitioner who administered health care,
at the time of the particular procedure, at the pediatric
gender clinic where the gender-transition procedure was
provided.
(3) An institution of higher education that hosts,
operates, partners with, provides funding to, or is otherwise
affiliated with the pediatric gender clinic where the gender-
transition procedure was provided.
(4) A hospital that hosts, operates, partners with,
provides funding to, or is otherwise affiliated with the
pediatric gender clinic where the gender-transition procedure
was provided.
(5) Any medical practitioner who performed the gender-
transition procedure on the individual.
(c) Private Right of Action.--An individual who suffers bodily
injury or harm to mental health that is attributable, in whole or in
part, to a gender-transition procedure provided to the individual when
the individual was a minor may, not later than 30 years after the date
on which the individual turns 18 years of age, bring a civil action
against an individual or entity described in subsection (b), in an
appropriate district court of the United States or a State court of
competent jurisdiction for--
(1) compensatory damages;
(2) punitive damages; and
(3) attorney's fees and costs.
(d) Affirmative Defense.--It shall be an affirmative defense to an
action brought by or on behalf of an individual upon whom a gender-
transition procedure was performed under subsection (c) that the
pediatric gender clinic or medical practitioner who performed the
gender-transition procedure on the individual, at all relevant times,
did not know and had no reason to know that the individual in question
was a minor.
SEC. 3. PROHIBITION ON FUNDING.
No Federal funds may be made available--
(1) to a pediatric gender clinic;
(2) to an institution of higher education or hospital that
hosts, operates, partners with, provides funding to, or is
otherwise affiliated with, a pediatric gender clinic; or
(3) for any gender-transition procedure performed on a
minor.
SEC. 4. EFFECTIVE DATE AND RETROACTIVE APPLICATION.
This Act shall--
(1) take effect on the date of enactment of this Act; and
(2) apply to any gender-transition procedure that took
place before, on, or after the effective date under paragraph
(1).
SEC. 5. SEVERABILITY.
If any provision of this Act, or the application of such provision
to any person or circumstance, is held to be unconstitutional, the
remainder of this Act, and the application of the remaining provisions
of this Act, to any person or circumstance, shall not be affected.
<all>
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118S458
|
North American Transatlantic Resource Security Partnership Act of 2023
|
[
[
"M001183",
"Sen. Manchin, Joe, III [D-WV]",
"sponsor"
],
[
"M001153",
"Sen. Murkowski, Lisa [R-AK]",
"cosponsor"
]
] |
<html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 458 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 458
To establish a program to reduce the reliance of allied and partner
nations on natural gas, petroleum, nuclear fuel, and minerals produced
in Russia, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
February 15, 2023
Mr. Manchin (for himself and Ms. Murkowski) introduced the following
bill; which was read twice and referred to the Committee on Foreign
Relations
_______________________________________________________________________
A BILL
To establish a program to reduce the reliance of allied and partner
nations on natural gas, petroleum, nuclear fuel, and minerals produced
in Russia, and for other purposes.
Be it enacted by the Senate 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 American Transatlantic
Resource Security Partnership Act of 2023''.
SEC. 2. DEFINITION OF SECRETARIES.
In this Act, the term ``Secretaries'' means the Secretary of Energy
and the Secretary of the Interior.
SEC. 3. PROGRAM TO REDUCE RELIANCE ON RUSSIAN ENERGY.
(a) Definition of Ally or Partner Nation.--In this section, the
term ``ally or partner nation'' means the Government of each of the
following:
(1) Australia.
(2) Finland.
(3) Japan.
(4) The Republic of Korea.
(5) Sweden.
(6) Switzerland.
(7) Ukraine.
(8) Kosovo.
(9) Moldova.
(10) A country with a transmission system operator that is
included in the European Network of Transmission System
Operators for Electricity.
(11) A member of the North Atlantic Treaty Organization.
(12) Any other country designated as an ally or partner
nation by the Secretaries for purposes of this Act.
(b) Establishment.--The Secretaries shall establish a joint program
(referred to in this section as the ``program'') to reduce the reliance
of ally or partner nations on natural gas, petroleum (including crude
oil and petroleum products), coal, minerals, nuclear fuel, isotopes,
and other energy-related and mineral-related technologies and
commodities produced in Russia by--
(1) developing or manufacturing relevant resources,
materials, or equipment domestically;
(2) providing those resources, materials, and equipment to
an ally or partner nation under such terms and conditions as
the Secretaries determine appropriate;
(3) issuing loans, loan guarantees, other financial
assistance, or assistance in the form of an equity interest to
carry out the activities described in paragraphs (1) and (2);
and
(4) providing relevant technical assistance to an ally or
partner nation.
(c) Priority.--In carrying out the program, the Secretaries shall
give priority to activities and projects that--
(1) are located in the United States; or
(2) are located in or benefit countries that had an annual
per capita gross domestic product of not more than $28,000 in
2020.
(d) Partnerships.--The Secretaries may partner with other Federal
agencies to carry out the program.
(e) Authority To Enter Into Agreements.--In carrying out the
program, the Secretaries may enter into 1 or more agreements directly
with an ally or partner nation or a third party under such terms and
conditions as the Secretaries determine appropriate.
(f) Domestic Sourcing Considerations.--
(1) In general.--Except as provided in paragraph (2), to
the extent practicable, the Secretaries may only carry out an
activity described in paragraphs (1) through (4) of subsection
(b) if the activity--
(A) relies on resources, materials, or equipment
that are developed or produced in the United States;
and
(B) promotes--
(i) the energy and national security of the
United States or ally or partner nations; or
(ii) manufacturing in the United States.
(2) Exception.--Paragraph (1) shall not apply with respect
to an activity described in paragraphs (1) through (4) of
subsection (b) if the Secretary of Energy certifies that such
an activity cannot reasonably satisfy clause (i) or (ii) of
paragraph (1)(B).
(g) Reports.--Not later than 90 days after the date of enactment of
this Act, and annually thereafter, the Secretaries shall submit to the
Committee on Energy and Natural Resources and the Committee on Foreign
Relations of the Senate and the Committee on Energy and Commerce and
the Committee on Foreign Affairs of the House of Representatives a
report that--
(1) identifies any resources, materials, or equipment
developed under subsection (b)(1); and
(2) analyzes how the program benefits domestic resource
suppliers and manufacturers.
(h) Authorization of Appropriations.--
(1) In general.--There is authorized to be appropriated to
the Secretaries to carry out this section $500,000,000 for
fiscal year 2024, to remain available until September 30, 2026.
(2) Nord stream 2 pipeline discontinuation.--
(A) Authorization of appropriations.--In addition
to the amount authorized to be appropriated under
paragraph (1), there is authorized to be appropriated
to the Secretaries to carry out this section
$500,000,000 for fiscal year 2024, to remain available
until September 30, 2026.
(B) Conditions.--Amounts appropriated pursuant to
subparagraph (A) may only be expended if the Secretary
of Energy certifies to Congress that the planning,
construction, and operation of the Nord Stream 2
pipeline has been permanently discontinued, including
as a result of United States sanctions imposed on any
person or entity responsible for such planning,
construction, or operation.
SEC. 4. DOMESTIC ENERGY AND MINERAL SECURITY EVALUATION.
(a) Report on Domestic Energy and Mineral Security.--Not later than
1 year after the date of enactment of this Act, the Secretaries shall
develop and submit to the Committee on Energy and Natural Resources of
the Senate and the Committee on Energy and Commerce of the House of
Representatives a report that evaluates the energy and mineral security
of the United States, including--
(1) identification of any threats posed to the supply,
transmission, distribution, or use of energy in the United
States;
(2) identification of any threats posed to the supply,
processing, refining, and distribution of minerals in the
United States;
(3) the potential impact of the threats described in
paragraphs (1) and (2) on--
(A) the economy of the United States;
(B) consumers and well-functioning and competitive
energy and mineral markets in the United States; and
(C) the national security of the United States; and
(4) identification of means to strengthen domestic
production while standardizing a system to support projects
with ally or partner nations to establish resilient and
responsible energy and mineral supply chains.
(b) Consultation.--In developing the report under subsection (a),
the Secretaries may consult with relevant Federal, State, private
sector, and other entities, as the Secretaries determine appropriate.
SEC. 5. ENERGY AND RELATED INFRASTRUCTURE SUPPLY CHAIN RELIABILITY
ASSURANCE PROGRAM.
(a) In General.--The Secretaries shall establish a supply chain
reliability assurance program (referred to in this section as the
``program''), under which the Secretaries shall--
(1) prioritize, to the maximum extent practicable, domestic
activities that ensure the establishment of secure supply
chains, including energy production, mining, mineral
processing, and manufacturing;
(2) facilitate collaboration with Federal agencies,
industrial partners, Mexico, and Canada to establish, grow, and
maintain a reliable domestic supplier base of critical energy
materials and technologies by establishing government-to-
government partnerships and public-private partnerships--
(A) to procure materials (as defined in section
2(b) of the National Materials and Minerals Policy,
Research and Development Act of 1980 (30 U.S.C.
1601(b))) to meet the engineering and performance
requirements of the Department of Energy (referred to
in this section as the ``Department'') and private and
public entities; and
(B) that may relate to--
(i) high-performance computing;
(ii) carbon capture materials;
(iii) the electric grid, including
transformers and high voltage direct current;
(iv) energy storage;
(v) hydropower and pumped storage
hydropower;
(vi) nuclear energy;
(vii) catalysts;
(viii) semiconductors;
(ix) solar photovoltaics;
(x) wind;
(xi) isotopes;
(xii) oil and gas;
(xiii) advanced materials; and
(xiv) geothermal electrical and thermal
power storage;
(3) improve coordination with Mexico and Canada to improve
planning for material requirements and potential disruptions to
commercial or contractor supply chains of materials crucial to
energy and related technologies, including by--
(A) assisting in coordination for forecasting
future needs in existing and emerging energy and
related technologies and new procurements; and
(B) establishing clear requirements to increase raw
material availability, expand manufacturing
capabilities, support the formation of diverse, secure,
and socially responsible foreign supply chains, and
improve supply chain knowledge and decision-making for
energy and related technologies;
(4) collaborate with Federal agencies, industrial partners,
and international partners to establish processes to mitigate
manufacturing challenges for energy infrastructure and other
energy-related products and to develop strategies to lower the
long-term costs of energy materials and technology while
identifying and preserving--
(A) the production of materials and components
required for advanced energy technologies and products,
including natural gas, hydrogen, pipelines, and
transmission, renewables, advanced nuclear, advanced
energy materials, and commercial-scale energy storage
by the Department; and
(B) energy and related infrastructure; and
(5) plan for--
(A) the sustainment of the supply of recycled
materials for energy and related technologies; and
(B) required infrastructure to recycle materials
for energy and related technologies.
(b) Financial Assistance.--The Secretaries may provide loans, loan
guarantees, other financial assistance, and assistance in the form of
an equity interest to carry out the activities under the program.
(c) Funding.--There is authorized to be appropriated to the
Secretaries to carry out this section $200,000,000 for the period of
fiscal years 2024 through 2028.
SEC. 6. NORTH AMERICAN ENERGY SECURITY COOPERATION.
(a) Covered Energy Source Defined.--In this section, the term
``covered energy source'' means any of the following:
(1) Solar energy.
(2) Biomass energy.
(3) Energy efficiency technology.
(4) Wind energy.
(5) Geothermal energy.
(6) Wave and tidal energy.
(7) Advanced battery technology.
(8) Hydrogen technology.
(9) Nuclear energy.
(10) Carbon capture, utilization, and storage technology.
(11) Natural gas energy, including conventional and
unconventional natural gas technologies and other associated
technologies, and natural gas projects.
(12) Water technologies, including water desalination,
wastewater treatment and reclamation, and other water treatment
refining.
(13) Petroleum, petroleum derivatives, and petroleum
products.
(14) Critical materials (as defined in section 7002(a) of
the Energy Act of 2020 (30 U.S.C. 1606(a))) necessary for use
of any of the energy sources described in paragraphs (1)
through (13).
(b) Sense of Congress on United States-Mexico-Canada Cooperation
Agreement.--It is the sense of Congress that--
(1) it is in the highest economic and national security
interests of the United States to develop covered energy
sources in the United States;
(2) the states of Mexico and provinces of Canada are
steadfast allies of the United States and have the capacity to
produce energy and mineral resources that contribute to
economic and national security;
(3) enhanced cooperation between the United States, Mexico,
and Canada for the purpose of research and development of
covered energy sources would be in the national interests of
all 3 countries;
(4) energy cooperation between the United States, Mexico,
and Canada and the development of natural resources by all 3
countries are in the strategic interests of the United States;
(5) the United States can play a role in assisting Mexico
and Canada with regional safety and security issues;
(6) the Secretaries, as appropriate and in consultation
with the National Science Foundation, should collaborate with
Mexico and Canada with respect to research, development, and
deployment of covered energy sources;
(7) the United States, Mexico, and Canada should strive to
develop more robust academic cooperation with respect to--
(A) energy innovation technology and engineering;
(B) water science;
(C) technology transfer; and
(D) analysis of--
(i) emerging geopolitical dynamics,
threats, and crises from acquisitions of
natural resources and energy supplies by
foreign countries; and
(ii) the development of domestic resources
as a response to those threats; and
(8) the United States strongly urges open dialogue and
continued mechanisms for regular engagement and encourages
further cooperation between applicable departments, agencies,
ministries, institutions of higher education, and the private
sector of the United States, Mexico, and Canada on energy
security issues, including with respect to--
(A) identifying policy priorities associated with
the development of natural resources of Mexico and
Canada;
(B) discussing and sharing best practices with
respect to securing cyber energy infrastructure and
other energy security matters;
(C) leveraging natural gas to positively impact
regional stability;
(D) issues relating to the energy-water nexus,
including improving energy efficiency and the overall
performance of water technologies through research and
development in water desalination, wastewater treatment
and reclamation, water treatment in gas and oil
production processes, and other water treatment
refiners;
(E) technical and environmental management of deep-
water exploration and production;
(F) emergency response and coastal protection and
restoration;
(G) academic outreach and engagement;
(H) private sector and business development;
(I) regulatory consultations;
(J) leveraging alternative transportation fuels and
technologies; and
(K) any other areas determined appropriate by the
governments of the United States, Mexico, and Canada.
(c) Program To Promote North American Energy Cooperation.--
(1) In general.--The Secretaries, in consultation with the
Secretary of State, the Secretary of Commerce, and the heads of
other relevant agencies, shall carry out a program to promote
cooperation on energy issues with the governments of Mexico and
Canada.
(2) Activities.--Under the program required by paragraph
(1), the Secretaries shall coordinate with the governments of
Mexico and Canada--
(A) to increase the production of energy supplies;
(B) to improve energy efficiency;
(C) to assist in the development and transfer of
energy supply and efficiency technologies that would
have a beneficial impact on world energy markets;
(D) to align energy-related regulations to reduce
the burden on energy companies conducting trans-border
activities and to align regulations and standards in
the appropriate sectors;
(E) to streamline the United States presidential
permitting process to ensure that requirements are
consistently implemented by having a fair and reliable
process for obtaining presidential permits for trans-
border energy infrastructure projects;
(F) to implement processes for cross-border
movement of equipment and workers to avoid delays in
business and trade transactions; and
(G) to involve States of the United States, states
of Mexico, and provinces of Canada in efforts to
advance North American energy integration.
(3) Loans and loan guarantees.--
(A) Establishment.--In implementing cooperative
agreements with the governments of Mexico and Canada
entered into under this subsection, the Secretary of
Energy shall establish a program under which the
Secretary may provide loans and loan guarantees to
support projects relating to the research, development,
and commercialization of covered energy sources.
(B) Eligible projects.--A project is eligible for a
loan or loan guarantee under subparagraph (A) if the
project--
(i) addresses a requirement relating to
improvement of covered energy sources, as
determined by the Secretary of Energy; and
(ii) is a joint venture between--
(I)(aa) a for-profit business
entity, institution of higher education
(as defined in section 101(a) of the
Higher Education Act of 1965 (20 U.S.C.
1001(a))), National Laboratory (as
defined in section 2 of the Energy
Policy Act of 2005 (42 U.S.C. 15801)),
or nonprofit entity in the United
States; and
(bb) a for-profit business entity,
institution of higher education, or
nonprofit entity in Mexico or Canada;
or
(II) 2 or more of the following:
(aa) The United States
Government.
(bb) The Government of
Mexico.
(cc) The Government of
Canada.
(C) Applications.--
(i) In general.--An entity seeking a loan
or loan guarantee under subparagraph (A) shall
submit to the Secretary of Energy an
application for the loan or loan guarantee in
accordance with procedures established by the
Secretary, in consultation with the advisory
board established under subparagraph (D).
(ii) Loan guarantees.--The Secretary of
Energy shall require any entity seeking a loan
guarantee to pay all credit subsidy costs
associated with the loan guarantee.
(D) Advisory board.--
(i) Establishment.--The Secretary of Energy
shall establish an advisory board--
(I) to monitor the method by which
loans and loan guarantees are awarded
under subparagraph (A); and
(II) to provide to the Secretary of
Energy periodic performance reviews of
actions taken to carry out this
paragraph.
(ii) Composition.--The advisory board
established under clause (i) shall be composed
of 3 members, to be appointed by the Secretary
of Energy, of whom--
(I) 1 shall be a representative of
the United States Government;
(II) 1 shall be selected from a
list of nominees provided by the
Government of Mexico; and
(III) 1 shall be selected from a
list of nominees provided by the
Government of Canada.
(E) Contributed funds.--Notwithstanding section
3302 of title 31, United States Code, the Secretary of
Energy may accept, retain, and use funds contributed by
any person, government entity, or organization for
purposes of carrying out this paragraph--
(i) without further appropriation; and
(ii) without fiscal year limitation.
(F) Report.--Not later than 180 days after the date
of completion of a project for which a loan or loan
guarantee is provided under subparagraph (A), the
recipient of the loan or loan guarantee shall submit to
the Secretary of Energy a report that contains--
(i) a description of how the recipient used
the loan or loan guarantee; and
(ii) an evaluation of the level of success
of the project for which a loan or loan
guarantee was provided.
(d) International Partnerships.--
(1) In general.--The Secretary of Energy may enter into
cooperative agreements supporting and enhancing dialogue and
planning involving international partnerships between the
Department of Energy, including the National Laboratories (as
defined in section 2 of the Energy Policy Act of 2005 (42
U.S.C. 15801)), and the government of Mexico or Canada.
(2) Federal share.--The Secretary of Energy may not pay
more than 50 percent of the costs of implementing cooperative
agreements entered into pursuant to paragraph (1).
(3) Annual reports.--If the Secretary of Energy enters into
agreements authorized by paragraph (1), the Secretary shall,
not less frequently than annually, submit to the committees
specified in paragraph (4) a report that describes, for the
year preceding submission of the report--
(A) actions taken to implement such agreements; and
(B) any projects undertaken pursuant to such
agreements.
(4) Committees specified.--The committees specified in this
paragraph are--
(A) the Committee on Energy and Natural Resources,
the Committee on Foreign Relations, and the Committee
on Appropriations of the Senate; and
(B) the Committee on Energy and Commerce, the
Committee on Science, Space, and Technology, the
Committee on Foreign Affairs, and the Committee on
Appropriations of the House of Representatives.
(e) United States-Mexico-Canada Energy Center.--
(1) In general.--The Secretary of Energy shall seek to
establish, jointly with the governments of Mexico and Canada, a
United States-Mexico-Canada Energy Center (in this subsection
referred to as the ``Center'') located in the United States.
(2) Purpose.--The purpose of the Center shall be to further
dialogue and collaboration between the United States, Mexico,
and Canada to develop more robust academic cooperation with
respect to--
(A) energy innovation technology and engineering,
water science, and technology transfer;
(B) analysis of emerging geopolitical dynamics,
threats, and crises from acquisitions by foreign
governments of natural resources and energy supplies;
and
(C) the development of domestic resources as a
response to those implications, crises, and threats.
(3) Use of experience and knowledge.--In establishing the
Center, the Secretary of Energy shall seek to leverage the
experience, knowledge, and expertise of institutions of higher
education and entities in the private sector, among others,
with respect to offshore energy development.
SEC. 7. STRATEGIC ENERGY FINANCING.
(a) Strategic Energy and Minerals Portfolio at United States
International Development Finance Corporation.--Title V of the Better
Utilization of Investments Leading to Development Act of 2018 (22
U.S.C. 9671 et seq.) is amended by adding at the end the following:
``SEC. 1455. STRATEGIC ENERGY AND MINERALS PORTFOLIO.
``The Corporation--
``(1) may provide support under title II for projects
related to any type of energy, including fossil fuels,
renewables (including hydropower), and nuclear energy, or the
production, processing, manufacturing, or recycling of critical
minerals (as defined in section 7002(a) of the Energy Act of
2020 (30 U.S.C. 1606(a))); and
``(2) may not prohibit, restrict, or otherwise impede the
provision of support on the basis of the type of energy
involved in a project.''.
(b) Promotion of Energy and Minerals Exports by Export-Import Bank
of the United States.--
(1) Strategic energy and minerals portfolio.--The Export-
Import Bank Act of 1945 (12 U.S.C. 635 et seq.) is amended by
adding at the end the following:
``SEC. 16. STRATEGIC ENERGY AND MINERALS PORTFOLIO.
``(a) In General.--The Bank shall establish a strategic energy and
minerals portfolio focused on providing financing (including loans,
loan guarantees, and insurance) for civil nuclear energy infrastructure
projects (subject to subsection (c)), natural gas infrastructure
projects, and critical minerals projects (including production,
processing, manufacturing, or recycling), that may facilitate--
``(1) increases in exports of United States energy
commodities, such as regasification terminals;
``(2) the export of United States equipment, materials, and
technology; or
``(3) the strategic diversification of supply chains
critical to the United States economy.
``(b) Maximum Exposure Cap for Strategic Energy Portfolio.--
``(1) In general.--The aggregate amount of loans,
guarantees, and insurance under subsection (a) the Bank has
outstanding at any one time may not exceed $50,000,000,000.
``(2) Treatment of defaults.--A default on financing
provided under subsection (a) shall not--
``(A) be included in the default rate calculated by
the Bank under section 8(g)(1); or
``(B) count for purposes of the freeze on lending
provided for under section 6(a)(3).
``(c) Limitation.--The Bank may provide financing for civil nuclear
energy infrastructure projects only in countries with which the United
States has in effect a nuclear cooperation agreement under section 123
of the Atomic Energy Act of 1954 (42 U.S.C. 2153).
``(d) Rule of Construction.--Nothing in this section may be
construed to lessen the obligation of the Bank to conduct rigorous due
diligence and mitigate risks with respect to transactions or projects
for which the Bank provides financing under this section.
``(e) Critical Mineral Defined.--In this section, the term
`critical mineral' has the meaning given the term in section 7002(a) of
the Energy Act of 2020 (30 U.S.C. 1606(a)).''.
(2) Promotion of energy exports.--Section 2(b)(1)(C) of the
Export-Import Bank Act of 1945 (12 U.S.C. 635(b)(1)(C)) is
amended by striking ``nonnuclear renewable'' and inserting
``all''.
(3) Modification of limitation on financing for nuclear
energy exports.--Section 2(b)(5) of the Export-Import Bank Act
of 1945 (12 U.S.C. 635(b)(5)) is amended by striking ``any
liquid metal fast breeder nuclear reactor or any nuclear fuel
reprocessing facility'' and inserting ``any nuclear material,
equipment, or technology not provided for under a nuclear
cooperation agreement in effect under section 123 of the Atomic
Energy Act of 1954 (42 U.S.C. 2153)''.
(4) Extension of export-import bank.--
(A) Aggregate loan, guarantee, and insurance
authority.--Section 6(a) of the Export-Import Bank Act
of 1945 (12 U.S.C. 635e(a)) is amended--
(i) in paragraph (2), by striking ``2020
through 2027, means $135,000,000,000'' and
inserting ``2024 through 2033, means
$200,000,000,000''; and
(ii) in paragraph (3), by striking ``If''
and inserting ``Except as provided in section
16(b)(2), if''.
(B) Termination.--Section 7 of the Export-Import
Bank Act of 1945 (12 U.S.C. 635f) is amended by
striking ``2026'' and inserting ``2033''.
<all>
</pre></body></html>
|
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|
118S459
|
Thin Blue Line Act
|
[
[
"B001310",
"Sen. Braun, Mike [R-IN]",
"sponsor"
],
[
"C001098",
"Sen. Cruz, Ted [R-TX]",
"cosponsor"
],
[
"J000293",
"Sen. Johnson, Ron [R-WI]",
"cosponsor"
],
[
"R000595",
"Sen. Rubio, Marco [R-FL]",
"cosponsor"
],
[
"L000575",
"Sen. Lankford, James [R-OK]",
"cosponsor"
],
[
"S001227",
"Sen. Schmitt, Eric [R-MO]",
"cosponsor"
],
[
"T000476",
"Sen. Tillis, Thomas [R-NC]",
"cosponsor"
],
[
"H000601",
"Sen. Hagerty, Bill [R-TN]",
"cosponsor"
],
[
"H001061",
"Sen. Hoeven, John [R-ND]",
"cosponsor"
],
[
"K000393",
"Sen. Kennedy, John [R-LA]",
"cosponsor"
],
[
"B001236",
"Sen. Boozman, John [R-AR]",
"cosponsor"
],
[
"B001305",
"Sen. Budd, Ted [R-NC]",
"cosponsor"
],
[
"B001319",
"Sen. Britt, Katie Boyd [R-AL]",
"cosponsor"
]
] |
<p><b>Thin Blue Line Act</b></p> <p>This bill expands the list of statutory aggravating factors in death penalty determinations to also include killing or targeting a law enforcement officer, firefighter, or other first responder.</p>
|
<html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 459 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 459
To amend title 18, United States Code, to provide enhanced penalties
for convicted murderers who kill or target America's public safety
officers.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
February 15, 2023
Mr. Braun (for himself, Mr. Cruz, Mr. Johnson, Mr. Rubio, Mr. Lankford,
Mr. Schmitt, Mr. Tillis, Mr. Hagerty, Mr. Hoeven, Mr. Kennedy, Mr.
Boozman, and Mr. Budd) introduced the following bill; which was read
twice and referred to the Committee on the Judiciary
_______________________________________________________________________
A BILL
To amend title 18, United States Code, to provide enhanced penalties
for convicted murderers who kill or target America's public safety
officers.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Thin Blue Line Act''.
SEC. 2. AGGRAVATING FACTORS FOR DEATH PENALTY.
Section 3592(c) of title 18, United States Code, is amended by
inserting after paragraph (16) the following:
``(17) Killing or targeting of law enforcement officers.--
``(A) The defendant killed or attempted to kill, in
a circumstance described in subparagraph (B), a person
who is authorized by law--
``(i) to engage in or supervise the
prevention, detention, investigation, or
prosecution of, or the incarceration of any
person for, any criminal violation of law;
``(ii) to apprehend, arrest, or prosecute
an individual for any criminal violation of
law; or
``(iii) to be a firefighter or other first
responder.
``(B) A circumstance referred to in subparagraph
(A) is that the person was killed or targeted--
``(i) while he or she was engaged in the
performance of his or her official duties;
``(ii) because of the performance of his or
her official duties; or
``(iii) because of his or her status as a
public official or employee.''.
<all>
</pre></body></html>
|
[
"Crime and Law Enforcement",
"Crime victims",
"Criminal procedure and sentencing",
"Emergency medical services and trauma care",
"Fires",
"First responders and emergency personnel",
"Health personnel",
"Law enforcement officers",
"Violent crime"
] |
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118S46
|
American Innovation and Manufacturing Act
|
[
[
"R000595",
"Sen. Rubio, Marco [R-FL]",
"sponsor"
],
[
"R000584",
"Sen. Risch, James E. [R-ID]",
"cosponsor"
]
] |
<p><strong>American Innovation and Manufacturing Act </strong></p> <p>This bill establishes within the Small Business Administration a credit facility to provide financial assistance to investment companies that finance small manufacturing businesses. </p>
|
<html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 46 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 46
To establish a small business and domestic production recovery
investment facility, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
January 24 (legislative day, January 3), 2023
Mr. Rubio (for himself and Mr. Risch) introduced the following bill;
which was read twice and referred to the Committee on Small Business
and Entrepreneurship
_______________________________________________________________________
A BILL
To establish a small business and domestic production recovery
investment facility, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``American Innovation and
Manufacturing Act''.
SEC. 2. SMALL BUSINESS INVESTMENT COMPANY PROGRAM.
(a) In General.--Part A of title III of the Small Business
Investment Act of 1958 (15 U.S.C. 681 et seq.) is amended--
(1) in section 302(a) (15 U.S.C. 682(a))--
(A) in paragraph (1)--
(i) in subparagraph (A), by striking ``or''
at the end;
(ii) in subparagraph (B), by striking the
period at the end and inserting ``; or''; and
(iii) by adding at the end the following:
``(C) $20,000,000, adjusted every 5 years for
inflation, with respect to each licensee authorized or
seeking authority to sell bonds to the Administration
as a participating investment company under section
321.''; and
(2) by adding at the end the following:
``SEC. 321. SMALL BUSINESS AND DOMESTIC PRODUCTION RECOVERY INVESTMENT
FACILITY.
``(a) Definitions.--In this section:
``(1) Eligible small business concern.--The term `eligible
small business concern'--
``(A) means a small business concern that is a
manufacturing business that is assigned a North
American Industry Classification System code beginning
with 31, 32, or 33 at the time at which the small
business concern receives an investment from a
participating investment company under the facility;
and
``(B) does not include an entity described in
section 7(a)(37)(A)(iv)(III) of the Small Business Act
(15 U.S.C. 636(a)(37)(A)(iv)(III)).
``(2) Facility.--The term `facility' means the facility
established under subsection (b).
``(3) Fund.--The term `Fund' means the fund established
under subsection (h).
``(4) Participating investment company.--The term
`participating investment company' means a small business
investment company approved under subsection (d) to participate
in the facility.
``(5) Protege investment company.--The term `protege
investment company' means a small business investment company
that--
``(A) is majority managed by new, inexperienced, or
otherwise underrepresented fund managers; and
``(B) elects and is selected by the Administration
to participate in the pathway-protege program under
subsection (g).
``(6) Small business concern.--The term `small business
concern' has the meaning given the term in section 3(a) of the
Small Business Act (15 U.S.C. 632(a)).
``(b) Establishment.--
``(1) Facility.--The Administrator shall establish and
carry out a facility to increase resiliency in the
manufacturing supply chain of eligible small business concerns
by providing financial assistance to participating investment
companies that facilitate equity financings to eligible small
business concerns in accordance with this section.
``(2) Administration of facility.--The facility shall be
administered by the Administrator acting through the Associate
Administrator described in section 201.
``(c) Applications.--
``(1) In general.--Any small business investment company
may submit to the Administrator an application to participate
in the facility.
``(2) Requirements for application.--An application to
participate in the facility shall include the following:
``(A) A business plan describing how the applicant
intends to make successful equity investments in
eligible small business concerns.
``(B) Information regarding the relevant investment
qualifications and backgrounds of the individuals
responsible for the management of the applicant.
``(C) A description of the extent to which the
applicant meets the selection criteria under subsection
(d)(2).
``(3) Exceptions to application for new licensees.--Not
later than 90 days after the date of enactment of this section,
the Administrator shall reduce requirements for applicants
applying to operate as a participating investment company under
this section in order to encourage the participation of new
small business investment companies in the facility under this
section, which may include the requirements established under
part 107 of title 13, Code of Federal Regulations, or any
successor regulation, relating to--
``(A) the approval of initial management expenses;
``(B) the management ownership diversity
requirement;
``(C) the disclosure of general compensatory
practices and fee structures; or
``(D) any other requirement that the Administrator
determines to be an obstacle to achieving the purposes
described in this paragraph.
``(d) Selection of Participating Investment Companies.--
``(1) Determination.--
``(A) In general.--Except as provided in paragraph
(3), not later than 60 days after the date on which the
Administrator receives an application under subsection
(c), the Administrator shall--
``(i) make a final determination to approve
or disapprove such applicant to participate in
the facility; and
``(ii) transmit the determination to the
applicant in writing.
``(B) Commitment amount.--Except as provided in
paragraph (3), at the time of approval of an applicant,
the Administrator shall make a determination of the
amount of the commitment that may be awarded to the
applicant under this section.
``(2) Selection criteria.--In making a determination under
paragraph (1), the Administrator shall consider--
``(A) the probability that the investment strategy
of the applicant will successfully repay any financial
assistance provided by the Administration, including
the probability of a return significantly in excess
thereof;
``(B) the probability that the investments made by
the applicant will--
``(i) provide capital to eligible small
business concerns; or
``(ii) create or preserve jobs in the
United States;
``(C) the probability that the applicant will meet
the objectives in the business plan of the applicant,
including the financial goals, and, if applicable, the
pathway-protege program in accordance with subsection
(g); and
``(D) the probability that the applicant will
assist eligible small business concerns in achieving
profitability.
``(3) Approval of participating investment companies.--
``(A) Provisional approval.--
``(i) In general.--Notwithstanding
paragraph (1), with respect to an application
submitted by an applicant to operate as a
participating investment company under this
section, the Administrator may provide
provisional approval for the applicant in lieu
of a final determination of approval and
determination of the amount of the commitment
under that paragraph.
``(ii) Purpose.--The purpose of a
provisional approval under clause (i) is to--
``(I) encourage applications from
investment companies with an investment
mandate from the committed private
market capital of the investment
company that does not conform to the
requirements described in this section
at the time of application;
``(II) allow the applicant to more
effectively raise capital commitments
in the private markets by referencing
the intent of the Administrator to
award the applicant a commitment; and
``(III) allow the applicant to more
precisely request the desired amount of
commitment pending the securing of
capital from private market investors.
``(iii) Limit on period of the time.--The
period between a provisional approval under
clause (i) and the final determination of
approval under paragraph (1) shall not exceed
12 months.
``(e) Commitments and SBIC Bonds.--
``(1) In general.--The Administrator may, out of amounts
available in the Fund, purchase or commit to purchase from a
participating investment company 1 or more accruing bonds that
include equity features as described in this subsection.
``(2) Bond terms.--A bond purchased by the Administrator
from a participating investment company under this subsection
shall have the following terms and conditions:
``(A) Term and interest.--
``(i) In general.--The bond shall be issued
for a term of not less than 15 years and shall
bear interest at a rate determined by the
Administrator of not more than 2 percent.
``(ii) Accrual of interest.--Interest on
the bond shall accrue and shall be payable in
accordance with subparagraph (D).
``(iii) Prepayment.--The bond shall be
prepayable without penalty after the end of the
1-year period beginning on the date on which
the bond was purchased.
``(B) Profits.--
``(i) In general.--The Administration shall
be entitled to receive a share of the profits
net of any profit sharing performance
compensation of the participating investment
company equal to the quotient obtained by
dividing--
``(I) one-third of the commitment
that the participating investment
company is approved for under
subsection (d); by
``(II) the commitment approved
under subsection (d) plus the
regulatory capital of the participating
investment company at the time of
approval under that subsection.
``(ii) Determination of percentage.--The
share to which the Administration is entitled
under clause (i)--
``(I) shall be determined at the
time of approval under subsection (d);
and
``(II) without the approval of the
Administration, shall not be revised,
including to reflect subsequent
distributions of profits, returns of
capital, or repayments of bonds, or
otherwise.
``(C) Profit sharing performance compensation.--
``(i) Receipt by administration.--The
Administration shall receive a share of profits
of not more than 2 percent, which shall be
deposited into the Fund and be available to
make commitments under this subsection.
``(ii) Receipt by managers.--The managers
of the participating investment company may
receive a maximum profit sharing performance
compensation of 25 percent minus the share of
profits paid to the Administration under clause
(i).
``(D) Prohibition on distributions.--No
distributions on capital, including profit
distributions, shall be made by the participating
investment company to the investors or managers of the
participating investment company until the
Administration has received payment of all accrued
interest on the bond committed under this section.
``(E) Repayment of principal.--Except as described
in subparagraph (F), repayments of principal of the
bond of a participating investment company shall be--
``(i) made at the same time as returns of
private capital; and
``(ii) in amounts equal to the pro rata
share of the Administration of the total amount
being repaid or returned at such time.
``(F) Liquidation or default.--Upon any liquidation
event or default, as defined by the Administration, any
unpaid principal or accrued interest on the bond
shall--
``(i) have a priority over all equity of
the participating investment company; and
``(ii) be paid before any return of equity
or any other distributions to the investors or
managers of the participating investment
company.
``(3) Amount of commitments and purchases.--
``(A) Maximum amount.--The maximum amount of
outstanding bonds and commitments to purchase bonds for
any participating investment company under the facility
shall be the lesser of--
``(i) twice the amount of the regulatory
capital of the participating investment
company; or
``(ii) $200,000,000.
``(4) Commitment process.--Commitments by the
Administration to purchase bonds under the facility shall
remain available to be sold by a participating investment
company until the end of the fourth fiscal year following the
year in which the commitment is made, subject to review and
approval by the Administration based on regulatory compliance,
financial status, change in management, deviation from business
plan, and such other limitations as may be determined by the
Administration by regulation or otherwise.
``(5) Commitment conditions.--
``(A) In general.--As a condition of receiving a
commitment under the facility, not less than 50 percent
of amounts invested by the participating investment
company shall be invested in eligible small business
concerns.
``(B) Examinations.--In addition to the matters set
forth in section 310(c), the Administration shall
examine each participating investment company in such
detail so as to determine whether the participating
investment company has complied with the requirements
under this subsection.
``(f) Distributions and Fees.--
``(1) Distribution requirements.--
``(A) Distributions.--As a condition of receiving a
commitment under the facility, a participating
investment company shall make all distributions to the
Administrator in the same form and in a manner as are
made to investors, or otherwise at a time and in a
manner consistent with regulations or policies of the
Administration.
``(B) Allocations.--A participating investment
company shall make allocations of income, gain, loss,
deduction, and credit to the Administrator with respect
to any outstanding bonds as if the Administrator were
an investor.
``(2) Fees.--The Administrator may not charge fees for
participating investment companies other than examination fees
that are consistent with the license of the participating
investment company.
``(3) Bifurcation.--Losses on bonds issued by participating
investment companies shall not be offset by fees or any other
charges on debenture small business investment companies.
``(g) Protege Program.--The Administrator shall establish a
pathway-protege program in which a protege investment company may
receive technical assistance and program support from a participating
investment company on a voluntary basis and without penalty for non-
participation.
``(h) Loss Limiting Fund.--
``(1) In general.--There is established in the Treasury a
fund for making commitments and purchasing bonds with equity
features under the facility and receiving capital returned by
participating investment companies.
``(2) Use of funds.--Amounts appropriated to the Fund or
deposited in the Fund under paragraph (3) shall be available to
the Administrator, without further appropriation, for making
commitments and purchasing bonds under the facility and
expenses and payments, excluding administrative expenses,
relating to the operations of the Administrator under the
facility.
``(3) Depositing of amounts.--
``(A) In general.--All amounts received by the
Administrator from a participating investment company
relating to the facility, including any moneys,
property, or assets derived by the Administrator from
operations in connection with the facility, shall be
deposited in the Fund.
``(B) Period of availability.--Amounts deposited
under subparagraph (A) shall remain available until
expended.
``(i) Application of Other Sections.--To the extent not
inconsistent with requirements under this section, the Administrator
may apply sections 309, 311, 312, 313, and 314 to activities under this
section and an officer, director, employee, agent, or other participant
in a participating investment company shall be subject to the
requirements under such sections.
``(j) Authorization of Appropriations.--There is authorized to be
appropriated for the first fiscal year beginning after the date of
enactment of this part $10,000,000,000 to carry out the facility.
Amounts appropriated pursuant to this subsection shall remain available
until the end of the second fiscal year beginning after the date of
enactment of this section.''.
(b) Approval of Bank-Owned, Non-Leveraged Applicants.--Section
301(c)(2) of the Small Business Investment Act of 1958 (15 U.S.C.
681(c)(2)) is amended--
(1) in subparagraph (B), in the matter preceding clause
(i), by striking ``Within'' and inserting ``Except as provided
in subparagraph (C), within''; and
(2) by adding at the end the following:
``(C) Exception for bank-owned, non-leveraged
applicants.--Notwithstanding subparagraph (B), not
later than 45 days after the date on which the
Administrator receives a completed application
submitted by a bank-owned, non-leveraged applicant in
accordance with this subsection and in accordance with
such requirements as the Administrator may prescribe by
regulation, the Administrator shall--
``(i) review the application in its
entirety; and
``(ii)(I) approve the application and issue
a license for such operation to the applicant
if the requirements of this section are
satisfied; or
``(II) disapprove the application and
notify the applicant in writing of the
disapproval.''.
(c) Electronic Submissions.--Part A of title III of the Small
Business Investment Act of 1958 (15 U.S.C. 681 et seq.), as amended by
subsection (a) of this section, is amended by adding at the end the
following:
``SEC. 322. ELECTRONIC SUBMISSIONS.
``The Administration shall permit any document submitted under this
title, or pursuant to a regulation carrying out this title, to be
submitted electronically, including by permitting an electronic
signature for any signature that is required on such a document.''.
<all>
</pre></body></html>
|
[
"Commerce"
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118S460
|
Urban Indian Health Confer Act
|
[
[
"S001203",
"Sen. Smith, Tina [D-MN]",
"sponsor"
],
[
"M001190",
"Sen. Mullin, Markwayne [R-OK]",
"cosponsor"
],
[
"L000570",
"Sen. Lujan, Ben Ray [D-NM]",
"cosponsor"
]
] |
<p><strong>Urban Indian Health Confer Act</strong></p> <p>This bill requires the Department of Health and Human Services (HHS) to confer with urban Indian organizations regarding health care for American Indians and Alaska Natives living in urban areas.</p> <p>Currently, only the Indian Health Service (IHS) is required to confer with urban Indian organizations on matters relating to the Indian Health Care Improvement Act. The bill requires HHS to ensure that the IHS and other agencies and offices within HHS confer with urban Indian organizations on (1) matters relating to the Indian Health Care Improvement Act, and (2) other provisions of law relating to health care for American Indians and Alaska Natives.</p>
|
<html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 460 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 460
To amend the Indian Health Care Improvement Act to establish an urban
Indian organization confer policy for the Department of Health and
Human Services.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
February 15, 2023
Ms. Smith (for herself and Mr. Mullin) introduced the following bill;
which was read twice and referred to the Committee on Indian Affairs
_______________________________________________________________________
A BILL
To amend the Indian Health Care Improvement Act to establish an urban
Indian organization confer policy for the Department of Health and
Human Services.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Urban Indian Health Confer Act''.
SEC. 2. URBAN INDIAN ORGANIZATION CONFER POLICY.
Section 514 of the Indian Health Care Improvement Act (25 U.S.C.
1660d) is amended by striking subsection (b) and inserting the
following:
``(b) Requirement.--The Secretary shall ensure that the Service and
the other agencies and offices of the Department confer, to the maximum
extent practicable, with urban Indian organizations in carrying out--
``(1) this Act; and
``(2) other provisions of law relating to Indian health
care.''.
<all>
</pre></body></html>
|
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118S461
|
A bill to make certain irrigation districts eligible for Pick-Sloan Missouri Basin Program pumping power, and for other purposes.
|
[
[
"C001096",
"Sen. Cramer, Kevin [R-ND]",
"sponsor"
],
[
"H001061",
"Sen. Hoeven, John [R-ND]",
"cosponsor"
]
] |
<p>This bill makes certain irrigation districts in North Dakota eligible to receive pumping power (i.e., hydropower) from the Pick-Sloan Missouri Basin Program, subject to the terms and rates established by the Bureau of Reclamation. Under this bill, an irrigation district must enter into a contract with Reclamation to receive such pumping power.</p>
|
<html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 461 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 461
To make certain irrigation districts eligible for Pick-Sloan Missouri
Basin Program pumping power, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
February 16, 2023
Mr. Cramer (for himself and Mr. Hoeven) introduced the following bill;
which was read twice and referred to the Committee on Energy and
Natural Resources
_______________________________________________________________________
A BILL
To make certain irrigation districts eligible for Pick-Sloan Missouri
Basin Program pumping power, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. ELIGIBILITY OF CERTAIN AREAS TO RECEIVE PICK-SLOAN MISSOURI
BASIN PROGRAM PUMPING POWER.
Section 5(a) of Public Law 89-108 (79 Stat. 435; 100 Stat. 419; 114
Stat. 2763A-284) is amended by adding at the end the following:
``(6) Eligibility of certain irrigation districts to
receive pumping power.--
``(A) Definition of eligible irrigation district.--
In this paragraph, the term `eligible irrigation
district' means an irrigation district that is located
in--
``(i) the test area referred to in
paragraph (1); or
``(ii) an area within the 28,000-acre area
described in paragraph (3) that is analyzed by
the Secretary but not developed under that
paragraph.
``(B) Eligibility.--An eligible irrigation district
shall be eligible to receive Pick-Sloan Missouri Basin
Program pumping power--
``(i) subject to any terms and at any rates
established by the Secretary; and
``(ii) in accordance with a contract
entered into under subparagraph (C).
``(C) Contract.--
``(i) In general.--Subject to clause (ii),
the Secretary may enter into a contract with an
eligible irrigation district to provide Pick-
Sloan Missouri Basin Program pumping power to
the eligible irrigation district.
``(ii) Requirement.--No Pick-Sloan Missouri
Basin Program pumping power may be delivered to
an eligible irrigation district under this
paragraph until the date on which a contract
authorizing the delivery to the irrigation
district is executed under clause (i).''.
<all>
</pre></body></html>
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118S462
|
Mental Health Professionals Workforce Shortage Loan Repayment Act of 2023
|
[
[
"S001203",
"Sen. Smith, Tina [D-MN]",
"sponsor"
],
[
"M001153",
"Sen. Murkowski, Lisa [R-AK]",
"cosponsor"
],
[
"H001076",
"Sen. Hassan, Margaret Wood [D-NH]",
"cosponsor"
],
[
"K000377",
"Sen. Kelly, Mark [D-AZ]",
"cosponsor"
]
] |
<p><b>Mental Health Professionals Workforce Shortage Loan Repayment Act of 2023</b></p> <p>This bill reauthorizes through FY2032 and expands the Substance Use Disorder Treatment and Recovery Loan Repayment Program. Through this program, the Health Resources and Services Administration provides loan repayment assistance to individuals who agree to work for a period of time in the field of substance use disorder treatment.</p> <p>In particular, the bill expands eligibility to include individuals who agree to work in mental health professional shortage areas for a period of time.</p> <p>The bill also allows the use of the loan repayment assistance to repay any loan incurred to obtain a post-graduate degree in a mental health or related field. (Current law limits the loans eligible for repayment to loans for education and training for substance use disorder treatment employment and specified nursing and federal education loans.)</p>
|
<html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 462 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 462
To amend the Public Health Service Act to modify the loan repayment
program for the substance use disorder treatment workforce to relieve
workforce shortages.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
February 16, 2023
Ms. Smith (for herself, Ms. Murkowski, 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 Public Health Service Act to modify the loan repayment
program for the substance use disorder treatment workforce to relieve
workforce shortages.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Mental Health Professionals
Workforce Shortage Loan Repayment Act of 2023''.
SEC. 2. LOAN REPAYMENT PROGRAM FOR SUBSTANCE USE DISORDER TREATMENT
WORKFORCE.
Section 781 of the Public Health Service Act (42 U.S.C. 295h) is
amended--
(1) In subsection (a)(2), by inserting ``, or the
individuals each agree to complete a period of service in a
mental health professional shortage area'' before the period;
(2) in subsection (c)--
(A) by redesignating paragraphs (2) through (5) as
paragraphs (3) through (6), respectively; and
(B) by inserting after paragraph (1), the
following:
``(2) Any loan used for obtaining a degree from an
accredited institution of higher education for education in
mental health or a related field leading to a master's degree,
leading to a doctoral degree, or consisting of post-doctoral
study.'';
(3) by striking subsection (d) and inserting the following:
``(d) Requirements of Service.--Any individual receiving payments
under this program as required by an agreement under subsection (a)
shall agree--
``(1) to an annual commitment to full-time employment, with
no more than 1 year passing between any 2 years of covered
employment, in substance use disorder treatment employment in
the United States in--
``(A) a Mental Health Professional Shortage Area,
as designated under section 332; or
``(B) a county (or a municipality, if not contained
within any county) where the mean drug overdose death
rate per 100,000 people over the past 3 years for which
official data is available from the State, is higher
than the most recent available national average
overdose death rate per 100,000 people, as reported by
the Centers for Disease Control and Prevention; or
``(2) to up to 6 years of full-time employment, with no
more than 1 year passing between any 2 years of covered
employment, as a behavioral or mental health professional in
the United States in--
``(A) a mental health professional shortage area of
greatest need, as determined by the Secretary for the
purposes of this section, as designated under section
332; or
``(B) any facility, program, center, or clinic as
determined appropriate by the Secretary for purposes of
this section because of a shortage of mental health
professionals, including private physician practices
and other medical facilities designated under section
332(a) as having such a shortage.'';
(4) in subsection (e)(2), by inserting ``338B, 338I, or 846
of this Act, section'' after ``under section'';
(5) in subsection (h)(2), by inserting ``and behavioral and
mental health services employees'' after ``treatment
employees'';
(6) in subsection (i)--
(A) by redesignating paragraphs (1) through (3) as
paragraphs (2) through (4), respectively; and
(B) by inserting before paragraph (2) (as so
redesignated), the following:
``(1) The term `behavioral and mental health professional'
means health service psychologists, licensed clinical social
workers, licensed professional counselors, marriage and family
therapists, psychiatric nurse specialists, and
psychiatrists.''; and
(7) in subsection (j). by striking ``$25,000,000 for each
of fiscal years 2019 through 2023'' and inserting ``$50,000,000
for each of fiscal years 2023 through 2032''.
<all>
</pre></body></html>
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118S463
|
Downwinders Parity Act of 2023
|
[
[
"S001191",
"Sen. Sinema, Kyrsten [I-AZ]",
"sponsor"
],
[
"K000377",
"Sen. Kelly, Mark [D-AZ]",
"cosponsor"
],
[
"R000608",
"Sen. Rosen, Jacky [D-NV]",
"cosponsor"
]
] |
<p><b>Downwinders Parity Act of 2023</b></p> <p>This bill expands a program that compensates individuals who were exposed to radiation from atmospheric nuclear testing and subsequently developed specified cancers.</p> <p>Under current law, the program compensates, among others, individuals who were present in a designated geographic area during a period of nuclear testing. The bill expands that area to include all parts of Clark County, Nevada, and Mohave County, Arizona. Current law restricts eligibility to certain parts of those counties.</p> <p>The Department of Justice must report on efforts to inform individuals newly eligible for compensation about the program.</p>
|
<html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 463 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 463
To amend the Radiation Exposure Compensation Act to include certain
communities, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
February 16, 2023
Ms. Sinema (for herself, Mr. Kelly, and Ms. Rosen) introduced the
following bill; which was read twice and referred to the Committee on
the Judiciary
_______________________________________________________________________
A BILL
To amend the Radiation Exposure Compensation Act to include certain
communities, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Downwinders Parity Act of 2023''.
SEC. 2. INCLUSION UNDER THE RADIATION EXPOSURE COMPENSATION ACT.
Section 4(b)(1) of the Radiation Exposure Compensation Act (42
U.S.C. 2210 note; Public Law 101-426) is amended--
(1) in subparagraph (B)--
(A) by striking ``that portion of''; and
(B) by striking ``that consists of townships 13
through 16 at ranges 63 through 71''; and
(2) in subparagraph (C), by inserting ``all acreage in any
county all or part of which is located in'' before ``that
part''.
SEC. 3. REPORT.
Not later than 180 days after the date of enactment of this Act,
the Attorney General shall submit to the relevant committees of the
Senate and the House of Representatives a report that outlines efforts
to educate and conduct outreach to persons made newly eligible for
benefits under the amendments made by section 2.
<all>
</pre></body></html>
|
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"Nuclear weapons",
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] |
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|
118S464
|
No Tax Subsidies for E-Cigarette and Tobacco Ads Act
|
[
[
"S001181",
"Sen. Shaheen, Jeanne [D-NH]",
"sponsor"
],
[
"B001277",
"Sen. Blumenthal, Richard [D-CT]",
"cosponsor"
],
[
"B000944",
"Sen. Brown, Sherrod [D-OH]",
"cosponsor"
],
[
"M001176",
"Sen. Merkley, Jeff [D-OR]",
"cosponsor"
],
[
"R000122",
"Sen. Reed, Jack [D-RI]",
"cosponsor"
],
[
"D000563",
"Sen. Durbin, Richard J. [D-IL]",
"cosponsor"
]
] |
<p><strong>No Tax Subsidies for E-Cigarette and Tobacco Ads Act</strong></p> <p>This bill denies a tax deduction for expenses relating to direct-to-consumer advertising of tobacco products, including electronic nicotine delivery systems.</p>
|
<html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 464 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 464
To amend the Internal Revenue Code of 1986 to deny the deduction for
advertising and promotional expenses for tobacco products and
electronic nicotine delivery systems.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
February 16, 2023
Mrs. Shaheen (for herself, Mr. Blumenthal, Mr. Brown, Mr. Merkley, Mr.
Reed, and Mr. Durbin) 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 deny the deduction for
advertising and promotional expenses for tobacco products and
electronic nicotine delivery systems.
Be it enacted by the Senate 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 E-Cigarette and
Tobacco Ads Act''.
SEC. 2. DISALLOWANCE OF DEDUCTION FOR ADVERTISING AND PROMOTIONAL
EXPENSES FOR TOBACCO PRODUCTS AND ELECTRONIC NICOTINE
DELIVERY SYSTEMS.
(a) In General.--Part IX of subchapter B of chapter 1 of subtitle A
of the Internal Revenue Code of 1986 is amended by adding at the end
the following new section:
``SEC. 280I. DISALLOWANCE OF DEDUCTION FOR DIRECT-TO-CONSUMER
ADVERTISING OF TOBACCO PRODUCTS AND ELECTRONIC NICOTINE
DELIVERY SYSTEMS.
``(a) In General.--No deduction shall be allowed under this chapter
for expenses relating to direct-to-consumer advertising of tobacco
products (including electronic nicotine delivery systems) for any
taxable year.
``(b) Direct-to-Consumer Advertising.--For purposes of this
section, the term `direct-to-consumer advertising' means any
dissemination, by or on behalf of a sponsor of a tobacco product
(including an electronic nicotine delivery system product), of an
advertisement which--
``(1) is in regard to such tobacco product (including an
electronic nicotine delivery systems product), and
``(2) is primarily targeted to the general public,
including through--
``(A) publication in journals, magazines, other
periodicals, and newspapers,
``(B) broadcasting through media such as radio,
television, and telephone communication systems, direct
mail, and billboards, and
``(C) dissemination on the internet or through
digital platforms (including social media, mobile
media, web applications, digital applications, mobile
applications, and electronic applications).
``(c) Tobacco Product.--For purposes of this section, the term
`tobacco product' means any product described in section 201(rr) of the
Federal Food, Drug, and Cosmetic Act (21 U.S.C. 321(rr)).
``(d) Electronic Nicotine Delivery System.--For purposes of this
section, the term `electronic nicotine delivery system'--
``(1) means any electronic device that delivers nicotine,
flavor, or another substance via an aerosolized solution to the
user inhaling from the device (including e-cigarettes, e-
hookah, e-cigars, vape pens, advanced refillable personal
vaporizers, and electronic pipes) and any component, liquid,
part, or accessory of such a device, whether or not sold
separately, and
``(2) does not include a product that--
``(A) is approved by the Food and Drug
Administration for sale as a tobacco cessation product
or for another therapeutic purpose, and
``(B) is marketed and sold solely for a purpose
described in subparagraph (A).''.
(b) Conforming Amendment.--The table of sections for such part IX
of the Internal Revenue Code of 1986 is amended by adding after the
item relating to section 280H the following new item:
``Sec. 280I. Disallowance of deduction for direct-to-consumer
advertising of tobacco products and
electronic nicotine delivery systems.''.
(c) Effective Date.--The amendments made by this section shall
apply to amounts paid or incurred after the date of the enactment of
this Act, in taxable years ending after such date.
<all>
</pre></body></html>
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] |
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118S465
|
BADGES for Native Communities Act
|
[
[
"C001113",
"Sen. Cortez Masto, Catherine [D-NV]",
"sponsor"
],
[
"H001061",
"Sen. Hoeven, John [R-ND]",
"cosponsor"
]
] |
<p><b>Bridging Agency Data Gaps and Ensuring Safety for Native Communities Act or the BADGES for Native Communities Act</b></p> <p>This bill revises federal policies and procedures related to information sharing, reporting, and investigating cases of missing, unidentified, or murdered Indians. </p> <p>Among other elements, the bill requires the Department of Justice to (1) establish a grant program for specified entities (e.g., tribes) to implement changes to enhance their responses to missing person cases and death investigations of interest to tribes, and (2) work with the Department of Health and Human Services to ensure that federal training resources and culturally appropriate mental health and wellness programs are available to tribal and Bureau of Indian Affairs (BIA) law enforcement officers experiencing occupational stress. </p> <p>The Department of the Interior must establish a five-year demonstration program for the purpose of conducting or adjudicating personnel background investigations for applicants for law enforcement positions in the BIA.</p> <p>The bill also requires the Government Accountability Office to conduct specified studies, including a study on the evidence collection, handling, and processing procedures and practices of federal law enforcement agencies.</p>
|
<html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 465 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 465
To require Federal law enforcement agencies to report on cases of
missing or murdered Indians, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
February 16, 2023
Ms. Cortez Masto (for herself and Mr. Hoeven) introduced the following
bill; which was read twice and referred to the Committee on Indian
Affairs
_______________________________________________________________________
A BILL
To require Federal law enforcement agencies to report on cases of
missing or murdered Indians, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Bridging Agency
Data Gaps and Ensuring Safety for Native Communities Act'' or the
``BADGES for Native Communities 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.
TITLE I--BRIDGING AGENCY DATA GAPS
Sec. 101. National Missing and Unidentified Persons System Tribal
facilitator.
Sec. 102. Report on Indian country law enforcement personnel resources
and need.
TITLE II--ENSURING SAFETY FOR NATIVE COMMUNITIES
Sec. 201. Demonstration program on Bureau of Indian Affairs law
enforcement employment background checks.
Sec. 202. Missing and murdered response coordination grant program.
Sec. 203. GAO study on Federal law enforcement agency evidence
collection, handling, and processing.
Sec. 204. Bureau of Indian Affairs and Tribal law enforcement officer
counseling resources interdepartmental
coordination.
SEC. 2. DEFINITIONS.
In this Act:
(1) Death investigation.--The term ``death investigation''
has the meaning determined by the Attorney General.
(2) Death investigation of interest to indian tribes.--The
term ``death investigation of interest to Indian Tribes'' means
a case involving--
(A) a death investigation into the death of an
Indian; or
(B) a death investigation of a person found on, in,
or adjacent to Indian land or a Village.
(3) Director.--The term ``Director'' means the Director of
the Office of Justice Services.
(4) Federal law enforcement agency.--The term ``Federal law
enforcement agency'' means the Bureau of Indian Affairs direct-
service police, the Federal Bureau of Investigation, and any
other Federal law enforcement agency that--
(A) has jurisdiction over crimes in Indian country;
or
(B) investigates missing persons cases of interest
to Indian Tribes, death investigations of interest to
Indian Tribes, unclaimed remains cases of interest to
Indian Tribes, or unidentified remains cases of
interest to Indian Tribes.
(5) Indian.--The term ``Indian'' has the meaning given the
term in section 4 of the Indian Self-Determination and
Education Assistance Act (25 U.S.C. 5304).
(6) Indian country.--The term ``Indian country'' has the
meaning given the term in section 1151 of title 18, United
States Code.
(7) Indian land.--The term ``Indian land'' has the meaning
given the term ``Indian lands'' in section 3 of the Native
American Business Development, Trade Promotion, and Tourism Act
of 2000 (25 U.S.C. 4302).
(8) Indian tribe.--The term ``Indian Tribe'' has the
meaning given the term in section 4 of the Indian Self-
Determination and Education Assistance Act (25 U.S.C. 5304).
(9) Missing.--The term ``missing'' has the meaning
determined by the Attorney General.
(10) Missing persons case of interest to indian tribes.--
The term ``missing persons case of interest to Indian Tribes''
means a case involving--
(A) a missing Indian; or
(B) a missing person whose last known location is
believed to be on, in, or adjacent to Indian land or a
Village.
(11) National crime information databases.--The term
``national crime information databases'' has the meaning given
the term in section 534(f)(3) of title 28, United States Code.
(12) Relevant tribal organization.--The term ``relevant
Tribal organization'' means, as applicable--
(A) a tribal organization or an urban Indian
organization; and
(B) a national or regional organization that--
(i) represents a substantial Indian
constituency; and
(ii) has expertise in the fields of--
(I) human trafficking of Indians;
(II) human trafficking on Indian
land or in a Village;
(III) violence against Indian women
and children; or
(IV) tribal justice systems.
(13) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(14) Sexual assault case of interest to indian tribes.--The
term ``sexual assault case of interest to Indian Tribes'' means
a case involving an allegation of a felony under chapter 109A
or 110 of title 18, United States Code, committed against an
Indian by another Indian or a non-Indian.
(15) Tribal justice official.--The term ``tribal justice
official'' has the meaning given the term in section 2 of the
Indian Law Enforcement Reform Act (25 U.S.C. 2801).
(16) Tribal organization.--The term ``tribal organization''
has the meaning given the term in section 4 of the Indian Self-
Determination and Education Assistance Act (25 U.S.C. 5304).
(17) Unclaimed remains case of interest to indian tribes.--
The term ``unclaimed remains case of interest to Indian
Tribes'' means a case involving--
(A) unclaimed Indian remains; or
(B) unclaimed remains found on, in, or adjacent to
Indian land or a Village.
(18) Unidentified remains case of interest to indian
tribes.--The term ``unidentified remains case of interest to
Indian Tribes'' means a case involving--
(A) unidentified Indian remains; or
(B) unidentified remains found on, in, or adjacent
to Indian land or a Village.
(19) Urban indian organization.--The term ``urban Indian
organization'' has the meaning given the term in section 4 of
the Indian Health Care Improvement Act (25 U.S.C. 1603).
(20) Village.--The term ``Village'' means the Alaska Native
Village Statistical Area covering all or any portion of a
Native village (as defined in section 3 of the Alaska Native
Claims Settlement Act (43 U.S.C. 1602)), as depicted on the
applicable Tribal Statistical Area Program Verification Map of
the Bureau of the Census.
TITLE I--BRIDGING AGENCY DATA GAPS
SEC. 101. NATIONAL MISSING AND UNIDENTIFIED PERSONS SYSTEM TRIBAL
FACILITATOR.
(a) Appointment.--The Attorney General, acting through the Director
of the National Institute of Justice, shall appoint 1 or more Tribal
facilitators for the National Missing and Unidentified Persons System.
(b) Duties.--The duties of a Tribal facilitator appointed under
subsection (a) shall include--
(1) coordinating the reporting of information relating to
missing persons cases of interest to Indian Tribes, unclaimed
remains cases of interest to Indian Tribes, and unidentified
remains cases of interest to Indian Tribes;
(2) consulting and coordinating with Indian Tribes and
relevant Tribal organizations to address the reporting,
documentation, and tracking of missing persons cases of
interest to Indian Tribes, unclaimed remains cases of Interest
to Indian Tribes, and unidentified remains cases of interest to
Indian Tribes;
(3) developing working relationships, and maintaining
communication, with Indian Tribes and relevant Tribal
organizations;
(4) providing technical assistance and training to Indian
Tribes and relevant Tribal organizations, victim service
advocates, medical examiners, coroners, and tribal justice
officials regarding--
(A) the gathering and reporting of information to
the National Missing and Unidentified Persons System;
and
(B) working with non-Tribal law enforcement
agencies to ensure missing persons cases of interest to
Indian Tribes, unclaimed remains cases of interest to
Indian Tribes, and unidentified remains cases of
interest to Indian Tribes are reported to the National
Missing and Unidentified Persons System;
(5) coordinating with the Office of Tribal Justice, the
Office of Justice Services, the Executive Office for United
States Attorneys, and the National Indian Country Training
Initiative, as necessary; and
(6) conducting other training, information gathering, and
outreach activities to improve resolution of missing persons
cases of interest to Indian Tribes, unclaimed remains cases of
interest to Indian Tribes, and unidentified remains cases of
interest to Indian Tribes.
(c) Reporting and Transparency.--
(1) Annual reports to congress.--During the 3-year-period
beginning on the date of enactment of this Act, the Attorney
General, acting through the Director of the National Institute
of Justice, shall submit to the Committees on Indian Affairs,
the Judiciary, and Appropriations of the Senate and the
Committees on Natural Resources, the Judiciary, and
Appropriations of the House of Representatives an annual
report--
(A) describing the activities and accomplishments
of the 1 or more Tribal facilitators appointed under
subsection (a) during the 1-year period preceding the
date of the report; and
(B) summarizing--
(i) the number of missing persons cases of
interest to Indian Tribes, unclaimed remains
cases of interest to Indian Tribes, and
unidentified remains cases of interest to
Indian Tribes that the Tribal facilitator can
identify in the National Missing and
Unidentified Persons System; and
(ii) the percentage of missing persons
cases of interest to Indian Tribes, unclaimed
remains cases of interest to Indian Tribes, and
unidentified remains cases of interest to
Indian Tribes closed during the 1-year period
preceding the date of the report that the
Tribal facilitator can identify in the National
Missing and Unidentified Persons System.
(2) Public transparency.--Annually, the Attorney General,
acting through the Director of the National Institute of
Justice, shall publish on a website publicly accessible
information--
(A) describing the activities and accomplishments
of the 1 or more Tribal facilitators appointed under
subsection (a) during the 1-year period preceding the
date of the publication; and
(B) summarizing--
(i) the number of missing persons cases of
interest to Indian Tribes, unclaimed remains
cases of interest to Indian Tribes, and
unidentified remains cases of interest to
Indian Tribes that the Tribal facilitator can
identify in the National Missing and
Unidentified Persons System; and
(ii) the percentage of missing persons
cases of interest to Indian Tribes, unclaimed
remains cases of interest to Indian Tribes, and
unidentified remains cases of interest to
Indian Tribes closed during the 1-year period
preceding the date of the report that the
Tribal facilitator can identify in the National
Missing and Unidentified Persons System.
SEC. 102. REPORT ON INDIAN COUNTRY LAW ENFORCEMENT PERSONNEL RESOURCES
AND NEED.
(a) Department of the Interior Office of Justice Services.--Section
3(c)(16) of the Indian Law Enforcement Reform Act (25 U.S.C.
2802(c)(16)) is amended by striking subparagraph (C) and inserting the
following:
``(C) a list of the unmet--
``(i) staffing needs of law enforcement,
corrections, and court personnel, including
criminal investigators, medical examiners,
coroners, forensic technicians, indigent
defense staff, and prosecution staff, at tribal
and Bureau of Indian Affairs justice agencies;
``(ii) replacement and repair needs of
tribal and Bureau of Indian Affairs corrections
facilities;
``(iii) infrastructure and capital needs
for tribal police and court facilities,
including evidence storage and processing; and
``(iv) public safety and emergency
communications and technology needs; and''.
(b) Department of Justice.--
(1) Definition of department of justice law enforcement
agency.--In this subsection, the term ``Department of Justice
law enforcement agency'' means each of--
(A) the Federal Bureau of Investigation;
(B) the Drug Enforcement Administration;
(C) the United States Marshals Service;
(D) the Bureau of Alcohol, Tobacco, Firearms and
Explosives; and
(E) the Offices of the United States Attorneys.
(2) Annual report.--Each fiscal year, the Attorney General
shall submit to the Committees on Indian Affairs, the
Judiciary, and Appropriations of the Senate and the Committees
on Natural Resources, the Judiciary, and Appropriations of the
House of Representatives a report describing for that fiscal
year--
(A) the number of full-time employees of each
Department of Justice law enforcement agency that are
assigned to work on criminal investigations and
prosecutions in Indian country; and
(B) the percentage of time the full-employees spend
specifically working in Indian country.
(3) GAO study and report.--
(A) Study.--
(i) In general.--Not later than 18 months
after the date on which the first annual report
is submitted under paragraph (2), the
Comptroller General of the United States shall
conduct a study that examines any identified
unmet staffing needs for Department of Justice
law enforcement agencies tasked with work on
criminal investigations and prosecutions in
Indian country.
(ii) Requirement.--In conducting the study
required under clause (i), the Comptroller
General of the United States shall take into
account the results of the most recent report,
as of the date of enactment of this Act,
relating to Indian country investigations and
prosecutions prepared by the Attorney General
pursuant to section 10(b) of the Indian Law
Enforcement Reform Act (25 U.S.C. 2809(b)).
(B) Report.--On completion of the study under
subparagraph (A), the Comptroller General of the United
States shall submit to the Committees on Indian
Affairs, the Judiciary, and Appropriations of the
Senate and the Committees on Natural Resources, the
Judiciary, and Appropriations of the House of
Representatives a report that describes the results of
the study, including, as appropriate, proposals for
methods by which the Department of Justice can better
measure the unmet staffing needs for Department of
Justice law enforcement agencies tasked with work on
criminal investigations and prosecutions in Indian
country.
TITLE II--ENSURING SAFETY FOR NATIVE COMMUNITIES
SEC. 201. DEMONSTRATION PROGRAM ON BUREAU OF INDIAN AFFAIRS LAW
ENFORCEMENT EMPLOYMENT BACKGROUND CHECKS.
(a) Establishment of Program.--
(1) In general.--The Secretary shall establish a
demonstration program for the purpose of conducting or
adjudicating, in coordination with the Director of the Bureau
of Indian Affairs, personnel background investigations for
applicants for law enforcement positions in the Bureau of
Indian Affairs.
(2) Background investigations and security clearance
determinations.--
(A) BIA investigations.--As part of the
demonstration program established under paragraph (1),
the Secretary may carry out a background investigation,
security clearance determination, or both a background
investigation and a security clearance determination
for an applicant for a law enforcement position in the
Bureau of Indian Affairs.
(B) Use of previous investigations and
determinations.--
(i) In general.--Subject to clause (ii), as
part of the demonstration program established
under paragraph (1), the Secretary, in
adjudicating background investigations for
applicants for law enforcement positions in the
Bureau of Indian Affairs, shall consider
previous background investigations for an
applicant, security clearance determinations
for an applicant, or both background
investigations and security clearance
determinations for an applicant, as the case
may be, that have been conducted by a State or
local government, Indian Tribe, tribal
organization, or the Bureau of Indian Affairs,
within the 5-year period preceding the
application for employment with the Bureau of
Indian Affairs.
(ii) Quality.--The Secretary shall only
consider previous background investigations and
security clearance determinations for an
applicant that have been conducted by a State
or local government, Indian Tribe, or tribal
organization if the Secretary can verify that
those previous investigations and
determinations, as the case may be, are of a
comparable quality and thoroughness to
investigations and determinations carried out
by the Bureau of Indian Affairs, the Office of
Personnel Management, or another Federal
agency.
(iii) Additional investigation.--If, as
described in clause (i), the Secretary
considers an existing background investigation,
security clearance determination, or both, as
the case may be, for an applicant that has been
carried out by a State or local government,
Indian Tribe, tribal organization, or the
Bureau of Indian Affairs, the Secretary--
(I) may carry out additional
investigation and examination of the
applicant if the Secretary determines
that such additional information is
needed in order to make an appropriate
determination as to the character and
trustworthiness of the applicant before
final adjudication can be made and a
security clearance can be issued; and
(II) shall not initiate a new
background investigation process with
the National Background Investigations
Bureau or other Federal agency unless
that new background investigation
process covers a period of time that
was not covered by a previous
background investigation process.
(iv) Agreements.--The Secretary may enter
into a Memorandum of Agreement with a State or
local government, Indian Tribe, or tribal
organization to develop steps to expedite the
process of receiving and obtaining access to
background investigation and security clearance
determinations for use in the demonstration
program.
(3) Sunset.--The demonstration program established under
paragraph (1) shall terminate 5 years after the date of the
commencement of the demonstration program.
(b) Sufficiency.--Notwithstanding any other provision of law, a
background investigation conducted or adjudicated by the Secretary
pursuant to the demonstration program authorized under subsection (a)
that results in the granting of a security clearance to an applicant
for a law enforcement position in the Bureau of Indian Affairs shall be
sufficient to meet the applicable requirements of the Office of
Personnel Management or other Federal agency for such investigations.
(c) Annual Report.--The Secretary shall submit to the Committees on
Indian Affairs, the Judiciary, and Appropriations of the Senate and the
Committees on Natural Resources, the Judiciary, and Appropriations of
the House of Representatives an annual report on the demonstration
program established under subsection (a)(1), which shall include a
description of--
(1) the demonstration program and any relevant annual
changes or updates to the program;
(2) the number of background investigations carried out
under the program;
(3) the costs, including any cost savings, associated with
the investigation and adjudication process under the program;
(4) the processing times for the investigation and
adjudication processes under the program;
(5) any Memoranda of Agreement entered into with State or
local government, Indian Tribe, or tribal organization; and
(6) any other information that the Secretary determines to
be relevant.
(d) GAO Study and Report.--
(1) Initial report.--Not later than 18 months after the
date on which the demonstration program established under
subsection (a)(1) commences, the Comptroller General of the
United States shall prepare and submit to Congress an initial
report on such demonstration program.
(2) Final report.--Not later than 18 months after the date
on which the demonstration program terminates under subsection
(a)(3), the Comptroller General of the United States shall
prepare and submit to Congress a final report on such
demonstration program.
(3) Tribal input.--In preparing the reports under this
subsection, the Comptroller General of the United States shall
obtain input from Indian Tribes regarding the demonstration
program under this section.
SEC. 202. MISSING AND MURDERED RESPONSE COORDINATION GRANT PROGRAM.
(a) Establishment of Grant Program.--The Attorney General shall
establish within the Office of Justice Programs a grant program under
which the Attorney General shall make grants to eligible entities
described in subsection (b) to carry out eligible activities described
in subsection (c).
(b) Eligible Entities.--
(1) In general.--To be eligible to receive a grant under
the grant program established under subsection (a) an entity
shall be--
(A) an Indian Tribe;
(B) a relevant Tribal organization;
(C) subject to paragraph (2), a State, in
consortium with--
(i) 1 or more Indian Tribes; and
(ii) relevant Tribal organizations, if any;
(D) a consortium of 2 or more Indian Tribes or
relevant Tribal organizations; or
(E) subject to paragraph (2), a consortium of 2 or
more States in consortium with--
(i) 1 or more Indian Tribes; and
(ii) relevant Tribal organizations, if any.
(2) State eligibility.--To be eligible under subparagraph
(C) or (E) of paragraph (1), a State shall demonstrate to the
satisfaction of the Attorney General that the State--
(A)(i) reports missing persons cases in the State
to the national crime information databases; or
(ii) if not, has a plan to do so using a grant
received under the grant program established under
subsection (a); and
(B) if data sharing between the State and the
Indian Tribes and relevant Tribal organizations with
which the State is in consortium is part of the
intended use of the grant received under the grant
program established under subsection (a), has entered
into a memorandum of understanding with each applicable
Indian Tribe and relevant Tribal organization.
(c) Eligible Activities.--An eligible entity receiving a grant
under the grant program established under subsection (a) may use the
grant--
(1) to establish a statewide or regional center--
(A) to document and track--
(i) missing persons cases of interest to
Indian Tribes;
(ii) sexual assault cases of interest to
Indian Tribes; and
(iii) death investigations of interest to
Indian Tribes; and
(B) to input information regarding missing persons
cases of interest to Indian Tribes, unclaimed remains
cases of interest to Indian Tribes, and unidentified
remains cases of interest to Indian Tribes into the
National Missing and Unidentified Persons System;
(2) to establish a State or regional commission to respond
to, and to improve coordination between Federal law enforcement
agencies, and Tribal, State, and local law enforcement agencies
of the investigation of, missing persons cases of interest to
Indian Tribes, sexual assault cases of interest to Indian
Tribes, and death investigations of interest to Indian Tribes;
and
(3) to document, develop, and disseminate resources for the
coordination and improvement of the investigation of missing
persons cases of interest to Indian Tribes, sexual assault
cases of interest to Indian Tribes, and death investigations of
interest to Indian Tribes, including to develop local or
statewide rapid notification or communication systems for
alerts and other information relating to those cases.
(d) Authorization of Appropriations.--There is authorized to be
appropriated to carry out the grant program established under
subsection (a) $1,000,000 for each of fiscal years 2023 through 2027.
SEC. 203. GAO STUDY ON FEDERAL LAW ENFORCEMENT AGENCY EVIDENCE
COLLECTION, HANDLING, AND PROCESSING.
(a) In General.--The Comptroller General of the United States shall
conduct a study--
(1) on the evidence collection, handling, and processing
procedures and practices of the Office of Justice Services and
the Federal Bureau of Investigation in exercising jurisdiction
over crimes involving Indians or committed in Indian country;
(2) on any barriers to evidence collection, handling, and
processing by the agencies referred to in paragraph (1);
(3) on the views of law enforcement officials at the
agencies referred to in paragraph (1) and their counterparts
within the Offices of the United States Attorneys concerning
any relationship between--
(A) the barriers identified under paragraph (2);
and
(B) United States Attorneys declination rates due
to insufficient evidence; and
(4) that includes a survey of barriers to evidence
collection, handling, and processing faced by--
(A) Tribal law enforcement agencies; and
(B) State and local law enforcement agencies that
exercise jurisdiction over Indian country.
(b) Report.--Not later than 18 months after the date of enactment
of this Act, the Comptroller General of the United States shall submit
to Congress a report describing the results of the study conducted
under subsection (a).
SEC. 204. BUREAU OF INDIAN AFFAIRS AND TRIBAL LAW ENFORCEMENT OFFICER
COUNSELING RESOURCES INTERDEPARTMENTAL COORDINATION.
The Secretary of Health and Human Services and the Attorney General
shall coordinate with the Director--
(1) to ensure that Federal training materials and
culturally appropriate mental health and wellness programs are
locally or regionally available to law enforcement officers
working for the Bureau of Indian Affairs or an Indian Tribe who
are experiencing occupational stress; and
(2) to determine whether law enforcement agencies operated
by the Bureau of Indian Affairs and Indian Tribes are eligible
to receive services under--
(A) the Law Enforcement Assistance Program of
Federal Occupational Health of the Department of Health
and Human Services; or
(B) any other law enforcement assistance program
targeted to meet the needs of law enforcement officers
working for law enforcement agencies operated by the
Federal Government or an Indian Tribe.
<all>
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118S466
|
Federal PFAS Research Evaluation Act
|
[
[
"P000595",
"Sen. Peters, Gary C. [D-MI]",
"sponsor"
],
[
"M000934",
"Sen. Moran, Jerry [R-KS]",
"cosponsor"
],
[
"S001181",
"Sen. Shaheen, Jeanne [D-NH]",
"cosponsor"
],
[
"D000563",
"Sen. Durbin, Richard J. [D-IL]",
"cosponsor"
]
] |
<p><b>Federal PFAS Research Evaluation Act</b></p> <p>This bill requires various studies and reports on the exposure, hazards, and management of perfluoroalkyl and polyfluoroalkyl substances, commonly referred to as PFAS. These substances are man-made and may have adverse human health effects. A variety of products contain the compounds, such as nonstick cookware or weatherproof clothing.</p> <p>Specifically, the bill requires the National Science Foundation (NSF) to enter into an agreement with the National Academies of Sciences, Engineering, and Medicine (NASEM) to conduct a two-phase study and report on the research and development needed to advance human exposure estimation and toxicity hazard estimation of individual or total PFAS.</p> <p>The bill also requires the NSF and the Environmental Protection Agency to jointly enter into an agreement with NASEM to conduct a study and submit a report on the research and development needed to advance the understanding of the extent and implications of environmental contamination by PFAS, how to manage and treat such contamination, and the development of safe alternatives.</p> <p>Finally, the White House Office of Science and Technology Policy must submit an implementation plan for federal PFAS research, development, and demonstration activities, taking into account the recommendations of the NASEM reports.</p>
|
<html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 466 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 466
To provide for the National Academies of Sciences, Engineering, and
Medicine to study and report on a Federal research agenda to advance
the understanding of perfluoroalkyl and polyfluoroalkyl substances, and
for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
February 16, 2023
Mr. Peters (for himself, Mr. Moran, and Mrs. Shaheen) introduced the
following bill; which was read twice and referred to the Committee on
Commerce, Science, and Transportation
_______________________________________________________________________
A BILL
To provide for the National Academies of Sciences, Engineering, and
Medicine to study and report on a Federal research agenda to advance
the understanding of perfluoroalkyl and polyfluoroalkyl substances, and
for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Federal PFAS Research Evaluation
Act''.
SEC. 2. FINDINGS.
Congress finds that--
(1) perfluoroalkyl and polyfluoroalkyl substances are a
group of manmade chemicals that have been used in a wide range
of products since the 1940s, including firefighting foam,
carpeting, packaging, and cookware;
(2) there are more than 5,000 types of registered
perfluoroalkyl and polyfluoroalkyl substances;
(3) perfluoroalkyl and polyfluoroalkyl substances are not
currently regulated at the Federal level;
(4) perfluoroalkyl and polyfluoroalkyl substances--
(A) have been detected in air, water, soil, food,
biosolids, and more, where they persist for a long
time;
(B) can accumulate and remain in the human body and
in wildlife and other biota for a long time; and
(C) can lead to serious health effects, including
cancer, low infant birthweight, liver and kidney
issues, reproductive and developmental problems, and
more;
(5) there remains much unknown about--
(A) the toxicity, human and environmental health
effects, exposure pathways, and effective removal,
treatment, and destruction methods of perfluoroalkyl
and polyfluoroalkyl substances; and
(B) safe alternatives to perfluoroalkyl and
polyfluoroalkyl substances;
(6) Federal research efforts have been fragmented at
various Federal agencies and have struggled to effectively
address the full scope of challenges presented by
perfluoroalkyl and polyfluoroalkyl substances;
(7) regulatory action and cleanup with respect to
perfluoroalkyl and polyfluoroalkyl substances depend on--
(A) scientific analysis of toxicity data of
perfluoroalkyl and polyfluoroalkyl substances;
(B) decision making on how best to deal with the
thousands of perfluoroalkyl and polyfluoroalkyl
substances; and
(C) understanding the significance of the many
exposure pathways for perfluoroalkyl and
polyfluoroalkyl substances that exist; and
(8) a consensus study by the National Academies would help
inform decisions by the Federal Government, State governments,
industry, and other stakeholders on how to best address
perfluoroalkyl and polyfluoroalkyl substances.
SEC. 3. DEFINITIONS.
In this Act:
(1) Administrator.--The term ``Administrator'' means the
Administrator of the Environmental Protection Agency.
(2) Director.--The term ``Director'' means the Director of
the National Science Foundation.
(3) National academies.--The term ``National Academies''
means the National Academies of Sciences, Engineering, and
Medicine.
SEC. 4. NATIONAL ACADEMIES REPORTS.
(a) Research Assessments of PFAS Exposure and Toxicity.--
(1) In general.--Not later than 90 days after the date of
enactment of this Act, the Director, in consultation with the
Administrator, the Secretary of Defense, the Director of the
National Institutes of Health, and the heads of other Federal
agencies with expertise relevant to understanding exposure to
and toxicity of perfluoroalkyl and polyfluoroalkyl substances,
shall enter into an agreement with the National Academies--
(A) to conduct a 2-phase study in accordance with
this subsection to identify research and development
needed to advance human exposure estimations and
toxicity and hazard estimations of individual
perfluoroalkyl and polyfluoroalkyl substances or
perfluoroalkyl and polyfluoroalkyl substances
collectively; and
(B) to submit reports describing the results of the
studies in accordance with this subsection.
(2) Phase i study and report on human exposure
estimation.--
(A) In general.--The phase I study under paragraph
(1) shall, at a minimum--
(i) consider lifecycle information on the
manufacture, use, and disposal of products
containing perfluoroalkyl and polyfluoroalkyl
substances to identify potential human exposure
sources and pathways;
(ii) evaluate--
(I) the fate and transport of
perfluoroalkyl and polyfluoroalkyl
substances; and
(II) the breakdown products of
perfluoroalkyl and polyfluoroalkyl
substances, as related to human
exposure;
(iii) if feasible, estimate human exposure
to individual perfluoroalkyl and
polyfluoroalkyl substances or perfluoroalkyl
and polyfluoroalkyl substances collectively to
determine relative source contributions for
various exposure pathways (such as air, water,
soil, or food);
(iv) determine which perfluoroalkyl and
polyfluoroalkyl substances are most likely to
contribute to human exposure; and
(v) identify research that is needed to
advance exposure estimations to individual
perfluoroalkyl and polyfluoroalkyl substances
or perfluoroalkyl and polyfluoroalkyl
substances collectively.
(B) Report.--Not later than 1 year after the date
on which the agreement described in paragraph (1) is
finalized, the National Academies shall--
(i) submit to Congress a report containing
the findings and recommendations of the study
described in subparagraph (A); and
(ii) make the report under clause (i)
available on a publicly accessible website.
(3) Phase ii study and report on pfas toxicity and hazard
estimation.--
(A) In general.--The phase II study under paragraph
(1) shall, at a minimum--
(i)(I) review animal and human toxicity
information on the perfluoroalkyl and
polyfluoroalkyl substances most likely to
contribute to human exposure, as identified in
the phase I report under paragraph (2)(B)(i);
and
(II) develop an approach for conducting a
human health hazard assessment of the
identified perfluoroalkyl and polyfluoroalkyl
substances;
(ii) give consideration as to whether
chemical category-based approaches for
assessing hazards would be appropriate for
evaluating perfluoroalkyl and polyfluoroalkyl
substances as a group; and
(iii) identify research that is needed to
advance toxicity and hazard assessments of
individual perfluoroalkyl and polyfluoroalkyl
substances or perfluoroalkyl and
polyfluoroalkyl substances collectively.
(B) Report.--Not later than 1 year after the date
on which the phase I report is submitted to Congress
under paragraph (2)(B)(i), the National Academies
shall--
(i) submit to Congress a report containing
the findings and recommendations of the study
described in subparagraph (A); and
(ii) make the report under clause (i)
available on a publicly accessible website.
(b) Research Assessments of Management and Treatment Alternatives
for PFAS Contamination in the Environment and Development of Safe
Alternatives.--
(1) In general.--Not later than 90 days after the date of
enactment of this Act, the Director and the Administrator, in
consultation with the Secretary of Defense and the heads of
other Federal agencies with expertise relevant to the
development of alternatives to perfluoroalkyl and
polyfluoroalkyl substances and the management and treatment of
perfluoroalkyl and polyfluoroalkyl substances, shall jointly
enter into an agreement with the National Academies--
(A) to conduct a 2-phase study in accordance with
this subsection to better understand--
(i) the research and development needed to
advance the understanding of the extent and
implications of environmental contamination by
perfluoroalkyl and polyfluoroalkyl substances;
(ii) the best methods to manage and treat
that contamination; and
(iii) the development of safe alternatives
to perfluoroalkyl and polyfluoroalkyl
substances; and
(B) to submit reports describing the results of the
studies in accordance with this subsection.
(2) Phase i study and report on treatment and
remediation.--
(A) In general.--The phase I study under paragraph
(1) shall, at a minimum--
(i) assess the best available strategies
for treatment, site remediation, and safe
disposal of perfluoroalkyl and polyfluoroalkyl
substances; and
(ii) describe research gaps relating to the
issues described in clause (i), including
socioeconomic considerations and ways that the
Federal Government can address the research
needs.
(B) Report.--Not later than 18 months after the
date on which the agreement described in paragraph (1)
is finalized, the National Academies shall--
(i) submit to Congress a report containing
the findings and recommendations of the study
described in subparagraph (A); and
(ii) make the report under clause (i)
available on a publicly accessible website.
(3) Phase ii study and report on assessment of safe
alternatives for pfas.--
(A) In general.--The phase II study under paragraph
(1) shall, at a minimum--
(i) examine the state of knowledge for
alternatives to perfluoroalkyl and
polyfluoroalkyl substances in applications
currently, as of the date of the study, using
perfluoroalkyl and polyfluoroalkyl substances
that contribute to significant human health or
ecological exposures and potential risk; and
(ii) identify research needs to address the
highest priorities for development of
alternatives to perfluoroalkyl and
polyfluoroalkyl substances.
(B) Report.--Not later than 3 years after the date
on which the agreement described in paragraph (1) is
finalized, the National Academies shall--
(i) submit to Congress a report containing
the findings and recommendations of the study
described in subparagraph (A); and
(ii) make the report under clause (i)
available on a publicly accessible website.
SEC. 5. IMPLEMENTATION PLAN.
(a) In General.--Not later than 180 days after the date on which
all reports from the National Academies under section 4 have been
submitted to Congress, the Director of the Office of Science and
Technology Policy, in coordination with the heads of all relevant
Federal agencies, shall submit to Congress an implementation plan for
increased collaboration and coordination of Federal research,
development, and demonstration activities with respect to
perfluoroalkyl and polyfluoroalkyl substances.
(b) Requirement.--In preparing the implementation plan under
subsection (a), the Director of the Office of Science and Technology
Policy shall take into consideration the recommendations included in
the reports submitted to Congress under section 4.
<all>
</pre></body></html>
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118S467
|
CADETS Act
|
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"P000595",
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<p><strong>Changing Age-Determined Eligibility To Student Incentive Payments Act or the</strong> <strong>CADETS Act </strong></p> <p> This bill modifies the age requirements for the Student Incentive Payment Program, which provides financial support to cadets who attend one of six state maritime academies and commit to a post-graduation service obligation. </p> <p>Specifically, the bill modifies the age requirements to allow older cadets to qualify for the program if they will meet the age requirements for enlistment in the Navy Reserve at the time of their graduation. Current age requirements prohibit cadets older than 25 from participating in the program.</p>
|
<html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 467 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 467
To modify the age requirement for the Student Incentive Payment Program
of the State maritime academies.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
February 16, 2023
Mr. Peters (for himself, Mr. Young, Mr. Cruz, Ms. Klobuchar, Mr. Braun,
and Ms. Baldwin) introduced the following bill; which was read twice
and referred to the Committee on Commerce, Science, and Transportation
_______________________________________________________________________
A BILL
To modify the age requirement for the Student Incentive Payment Program
of the State maritime academies.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Changing Age-Determined Eligibility
To Student Incentive Payments Act'' or the ``CADETS Act''.
SEC. 2. AGE REQUIREMENT FOR THE STUDENT INCENTIVE PAYMENT PROGRAM OF
THE STATE MARITIME ACADEMIES.
Section 51509 of title 46, United States Code, is amended by adding
at the end the following:
``(i) Age Requirement.--The Secretary may make an agreement under
this section only with a qualified student who will meet the age
requirement for enlistment in the Navy Reserve at the time of
graduation from the academy.''.
<all>
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118S468
|
Hospital Transparency Compliance Enforcement Act
|
[
[
"K000393",
"Sen. Kennedy, John [R-LA]",
"sponsor"
]
] |
<p><b>Hospital Transparency Compliance Enforcement Act</b></p> <p>This bill increases the monetary penalties for noncompliance with the requirement that hospitals publish, and periodically update, a list of their standard charges for items and services.</p>
|
<html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 468 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 468
To amend the Public Health Service Act to enhance compliance with
hospital price transparency requirements, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
February 16, 2023
Mr. Kennedy 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 enhance compliance with
hospital price transparency requirements, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Hospital Transparency Compliance
Enforcement Act''.
SEC. 2. HOSPITAL PRICE TRANSPARENCY REQUIREMENTS.
Section 2718(e) of the Public Health Service Act (42 U.S.C. 300gg-
18(e)) is amended--
(1) by striking ``Each hospital'' and inserting the
following:
``(1) In general.--Each hospital'';
(2) by inserting ``, in accordance with paragraph (2)'',
after ``for each year''; and
(3) by adding at the end the following:
``(2) Timing requirements.--
``(A) In general.--Each hospital operating in the
United States on the date of enactment of the Hospital
Transparency Compliance Enforcement Act shall, not
later than 6 months after such date of enactment and
every year thereafter, establish (and update) and make
public the list under paragraph (1).
``(B) Newly operating hospitals.--In the case of a
hospital that begins operating in the United States
after the date of enactment of the Hospital
Transparency Compliance Enforcement Act, the hospital
shall comply with the requirements described in
subparagraph (A) not later than 6 months after the date
on which the hospital begins such operation and every
year thereafter.
``(3) Prohibition on shielding information.--No hospital
may shield the information required under paragraph (1) from
online search results through webpage coding.
``(4) Civil monetary penalties.--
``(A) In general.--A hospital that fails to comply
with the requirements of this subsection for a year
shall be subject to a civil monetary penalty of an
amount not to exceed--
``(i) in the case of a hospital with a bed
count of 30 or fewer, $600 for each day in
which the hospital fails to comply with such
requirements;
``(ii) in the case of a hospital with a bed
count that is greater than 30 and equal to or
fewer than 550, $20 per bed for each day in
which the hospital fails to comply with such
requirements; or
``(iii) in the case of a hospital with a
bed count that is greater than 550, $11,000 for
each day in which the hospital fails to comply
with such requirements.
``(B) Procedures.--
``(i) In general.--Except as otherwise
provided in this subsection, a civil monetary
penalty under subparagraph (A) shall be imposed
and collected in accordance with part 180 of
title 45, Code of Federal Regulations (or
successor regulations).
``(ii) Timing.--A hospital shall pay in
full a civil monetary penalty imposed on the
hospital under subparagraph (A) not later
than--
``(I) 60 calendar days after the
date on which the Secretary issues a
notice of the imposition of such
penalty; or
``(II) in the event the hospital
requests a hearing pursuant to subpart
D of part 180 of title 45, Code of
Federal Regulations (or successor
regulations), 60 calendar days after
the date of a final and binding
decision in accordance with such
subpart, to uphold, in whole or in
part, the civil monetary penalty.
``(5) List of hospitals not in compliance.--The Secretary
shall publish a list of the name of each hospital that is not
in compliance with the requirements under this subsection. Such
list shall be published 280 days after the date of enactment of
the Hospital Transparency Compliance Enforcement Act and every
180 days thereafter.''.
<all>
</pre></body></html>
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] |
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118S469
|
STUDENT Act
|
[
[
"E000295",
"Sen. Ernst, Joni [R-IA]",
"sponsor"
],
[
"G000386",
"Sen. Grassley, Chuck [R-IA]",
"cosponsor"
],
[
"J000293",
"Sen. Johnson, Ron [R-WI]",
"cosponsor"
],
[
"H001076",
"Sen. Hassan, Margaret Wood [D-NH]",
"cosponsor"
],
[
"M001183",
"Sen. Manchin, Joe, III [D-WV]",
"cosponsor"
],
[
"K000384",
"Sen. Kaine, Tim [D-VA]",
"cosponsor"
],
[
"R000608",
"Sen. Rosen, Jacky [D-NV]",
"cosponsor"
]
] |
<p><strong>Student Transparency for Understanding Decisions in Education Net Terms Act or the STUDENT Act</strong></p> <p>This bill requires loan disclosure forms for federal student loans to include the total amount of interest that would be paid over the life of the loan based on a standard 10-year repayment plan.</p>
|
<html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 469 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 469
To require disclosure of the total amount of interest that would be
paid over the life of a loan for certain Federal student loans.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
February 16, 2023
Ms. Ernst (for herself, Mr. Grassley, Mr. Johnson, Ms. Hassan, Mr.
Manchin, and Mr. Kaine) introduced the following bill; which was read
twice and referred to the Committee on Health, Education, Labor, and
Pensions
_______________________________________________________________________
A BILL
To require disclosure of the total amount of interest that would be
paid over the life of a loan for certain Federal student loans.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Student Transparency for
Understanding Decisions in Education Net Terms Act'' or the ``STUDENT
Act''.
SEC. 2. INTEREST DISCLOSURE.
Section 433(a) of the Higher Education Act of 1965 (20 U.S.C.
1083(a)) is amended--
(1) by redesignating paragraphs (18) and (19) as paragraphs
(19) and (20), respectively; and
(2) by inserting after paragraph (17) the following:
``(18) the total amount of interest that would be paid over
the life of the loan based on a standard 10-year repayment
plan;''.
<all>
</pre></body></html>
|
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118S47
|
SAND Act of 2023
|
[
[
"R000595",
"Sen. Rubio, Marco [R-FL]",
"sponsor"
]
] |
<p><b>Sand Acquisition, Nourishment, and Development Act of 2023 or the SAND Act</b> <b>of 2023</b> </p> <p>This bill allows the U.S. Army Corps of Engineers to acquire fill material for beach erosion and nourishment purposes from non-domestic sources even if such materials are available from domestic sources.</p>
|
<html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 47 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 47
To amend the Water Resources Development Act of 1986 to modify a
provision relating to acquisition of beach fill.
_______________________________________________________________________
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 Environment and Public Works
_______________________________________________________________________
A BILL
To amend the Water Resources Development Act of 1986 to modify a
provision relating to acquisition of beach fill.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Sand Acquisition, Nourishment, and
Development Act of 2023'' or the ``SAND Act of 2023''.
SEC. 2. ACQUISITION OF BEACH FILL.
Section 935 of the Water Resources Development Act of 1986 (33
U.S.C. 2299) is amended by striking ``if such materials are not
available from domestic sources for environmental or economic
reasons''.
<all>
</pre></body></html>
|
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|
118S470
|
Patient Access to Higher Quality Health Care Act of 2023
|
[
[
"L000575",
"Sen. Lankford, James [R-OK]",
"sponsor"
],
[
"M001198",
"Sen. Marshall, Roger [R-KS]",
"cosponsor"
],
[
"T000476",
"Sen. Tillis, Thomas [R-NC]",
"cosponsor"
],
[
"Y000064",
"Sen. Young, Todd [R-IN]",
"cosponsor"
],
[
"C001095",
"Sen. Cotton, Tom [R-AR]",
"cosponsor"
],
[
"B001236",
"Sen. Boozman, John [R-AR]",
"cosponsor"
],
[
"C001075",
"Sen. Cassidy, Bill [R-LA]",
"cosponsor"
],
[
"B001261",
"Sen. Barrasso, John [R-WY]",
"cosponsor"
],
[
"P000603",
"Sen. Paul, Rand [R-KY]",
"cosponsor"
],
[
"C001056",
"Sen. Cornyn, John [R-TX]",
"cosponsor"
],
[
"C001098",
"Sen. Cruz, Ted [R-TX]",
"cosponsor"
],
[
"M001190",
"Sen. Mullin, Markwayne [R-OK]",
"cosponsor"
],
[
"L000577",
"Sen. Lee, Mike [R-UT]",
"cosponsor"
],
[
"B001305",
"Sen. Budd, Ted [R-NC]",
"cosponsor"
],
[
"B001310",
"Sen. Braun, Mike [R-IN]",
"cosponsor"
]
] |
<p><b>Patient Access to Higher Quality Health Care Act of </b><b>2023</b></p> <p>This bill repeals provisions under the Stark law (i.e., the Physician Self-Referral Law) that limit, for purposes of Medicare participation, self-referrals by newly constructed or expanded physician-owned hospitals.</p>
|
<html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 470 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 470
To repeal changes made by health care reform laws to the Medicare
exception to the prohibition on certain physician referrals for
hospitals, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
February 16, 2023
Mr. Lankford (for himself, Mr. Marshall, Mr. Tillis, Mr. Young, Mr.
Cotton, Mr. Boozman, Mr. Cassidy, Mr. Barrasso, Mr. Paul, Mr. Cornyn,
Mr. Cruz, Mr. Mullin, Mr. Lee, and Mr. Budd) introduced the following
bill; which was read twice and referred to the Committee on Finance
_______________________________________________________________________
A BILL
To repeal changes made by health care reform laws to the Medicare
exception to the prohibition on certain physician referrals for
hospitals, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Patient Access to Higher Quality
Health Care Act of 2023''.
SEC. 2. REPEAL OF HEALTH CARE REFORM PROVISIONS LIMITING MEDICARE
EXCEPTION TO THE PROHIBITION ON CERTAIN PHYSICIAN
REFERRALS FOR HOSPITALS.
Sections 6001 and 10601 of the Patient Protection and Affordable
Care Act (Public Law 111-148; 124 Stat. 684, 1005) and section 1106 of
the Health Care and Education Reconciliation Act of 2010 (Public Law
111-152; 124 Stat. 1049) are repealed and the provisions of law amended
by such sections are restored as if such sections had never been
enacted.
<all>
</pre></body></html>
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118S471
|
Women’s Public Health and Safety Act
|
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"L000575",
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"sponsor"
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"Sen. Hawley, Josh [R-MO]",
"cosponsor"
],
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"C001098",
"Sen. Cruz, Ted [R-TX]",
"cosponsor"
],
[
"R000584",
"Sen. Risch, James E. [R-ID]",
"cosponsor"
],
[
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[
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[
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"cosponsor"
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],
[
"L000577",
"Sen. Lee, Mike [R-UT]",
"cosponsor"
]
] |
<p><b>Women's Public Health and Safety Act</b></p> <p>This bill allows a state to exclude from participation in the state's Medicaid program a provider that performs an abortion, unless (1) the pregnancy is the result of rape or incest, or (2) the woman suffers from a physical issue that would place her in danger of death unless an abortion is performed. Under current law, a state plan for medical assistance must provide that any individual eligible for medical assistance may obtain required services from any provider qualified to perform them.</p>
|
<html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 471 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 471
To amend title XIX of the Social Security Act to allow for greater
State flexibility with respect to excluding providers who are involved
in abortions.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
February 16, 2023
Mr. Lankford (for himself, Mr. Hawley, Mr. Cruz, Mr. Risch, Mr. Braun,
Mr. Daines, Mr. Scott of Florida, Mrs. Hyde-Smith, Mr. Thune, Mr.
Mullin, Mr. Marshall, and Mr. Tillis) 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 allow for greater
State flexibility with respect to excluding providers who are involved
in abortions.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Women's Public Health and Safety
Act''.
SEC. 2. INCREASING STATE FLEXIBILITY IN DETERMINING PARTICIPATION OF
PROVIDERS WHO PERFORM, OR PARTICIPATE IN THE PERFORMANCE
OF, ABORTIONS.
Section 1902 of the Social Security Act (42 U.S.C. 1396a), as
amended by section 5131 of the Health Extenders, Improving Access to
Medicare, Medicaid, and CHIP, and Strengthening Public Health Act of
2022, is amended--
(1) in subsection (a)(23), by striking ``subsection (g)''
and inserting ``subsections (g) and (uu),''; and
(2) by adding at the end the following new subsection:
``(uu) Rules With Respect to Determination of Participation of
Providers Who Perform, or Participate in the Performance of,
Abortions.--
``(1) In general.--Subject to paragraph (2), for purposes
of this title, a State, at its option, may establish criteria
with respect to the participation under the State plan (or a
waiver of such plan) of an institution, an agency, an entity,
or a person who performs, or participates in the performance
of, abortions.
``(2) Exception.--Paragraph (1) shall not apply to an
abortion--
``(A) if the pregnancy is the result of an act of
rape or incest; or
``(B) in the case where a woman suffers from a
physical disorder, physical injury, or physical illness
that would, as certified by a physician, place the
woman in danger of death unless an abortion is
performed, including a life-endangering physical
condition caused by or arising from the pregnancy
itself.
``(3) Definitions.--For purposes of this subsection, the
terms `institution', `agency', or `entity' mean the entire
legal institution, agency, or entity, or any part thereof,
including any institution, agency, or entity that controls, is
controlled by, or is under common control with such
institution, agency, or entity.''.
<all>
</pre></body></html>
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"Medicaid",
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] |
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118S472
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Iran Nuclear Treaty Act
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<html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 472 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 472
To declare that any agreement reached by the President relating to the
nuclear program of Iran is deemed a treaty that is subject to the
advice and consent of the Senate, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
February 16, 2023
Mr. Johnson (for himself, Mr. Barrasso, Mr. Boozman, Mrs. Britt, Mr.
Braun, Mr. Cotton, Mr. Crapo, Mr. Cruz, Mr. Daines, Ms. Ernst, Mrs.
Fischer, Mr. Hagerty, Mr. Hoeven, Mrs. Hyde-Smith, Mr. Lee, Ms. Lummis,
Mr. Marshall, Mr. Rounds, Mr. Rubio, Mr. Scott of Florida, Mr.
Sullivan, Mr. Tillis, and Mr. Young) introduced the following bill;
which was read twice and referred to the Committee on Foreign Relations
_______________________________________________________________________
A BILL
To declare that any agreement reached by the President relating to the
nuclear program of Iran is deemed a treaty that is subject to the
advice and consent of the Senate, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Iran Nuclear Treaty Act''.
SEC. 2. AGREEMENTS RELATED TO NUCLEAR PROGRAM OF IRAN DEEMED TREATIES
SUBJECT TO ADVICE AND CONSENT OF THE SENATE.
(a) Treaty Subject to Advice and Consent of the Senate.--
Notwithstanding any other provision of law, any agreement reached by
the President with Iran relating to the nuclear program of Iran 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
requiring that the treaty is subject to the advice and consent of the
Senate, with two-thirds of Senators concurring.
(b) Limitation on Sanctions Relief.--Notwithstanding any other
provision of law, the President may not waive, suspend, reduce, provide
relief from, or otherwise limit the application of sanctions under any
other provision of law or refrain from applying any such sanctions
pursuant to an agreement related to the nuclear program of Iran that
includes the United States, commits the United States to take action,
or pursuant to which the United States commits or otherwise agrees to
take action, regardless of the form it takes, whether a political
commitment or otherwise, and regardless of whether it is legally
binding or not, including any joint comprehensive plan of action
entered into or made between Iran and any other parties, and any
additional materials related thereto, including annexes, appendices,
codicils, side agreements, implementing materials, documents, and
guidance, technical or other understandings, and any related
agreements, whether entered into or implemented prior to the agreement
or to be entered into or implemented in the future, unless the
agreement is subject to the advice and consent of the Senate as a
treaty and receives the concurrence of two-thirds of Senators.
<all>
</pre></body></html>
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118S473
|
American Security Drone Act of 2023
|
[
[
"S001217",
"Sen. Scott, Rick [R-FL]",
"sponsor"
],
[
"W000805",
"Sen. Warner, Mark R. [D-VA]",
"cosponsor"
],
[
"R000595",
"Sen. Rubio, Marco [R-FL]",
"cosponsor"
],
[
"B001277",
"Sen. Blumenthal, Richard [D-CT]",
"cosponsor"
],
[
"B001243",
"Sen. Blackburn, Marsha [R-TN]",
"cosponsor"
],
[
"M001169",
"Sen. Murphy, Christopher [D-CT]",
"cosponsor"
],
[
"H001089",
"Sen. Hawley, Josh [R-MO]",
"cosponsor"
],
[
"R000615",
"Sen. Romney, Mitt [R-UT]",
"cosponsor"
]
] |
<p><b>American Security Drone Act of 2023</b></p> <p>This bill bans the procurement or use by the federal government of unmanned aircraft systems (UAS) that are manufactured or assembled by certain foreign entities, including entities subject to influence or control by China, with exceptions.</p> <p>The ban includes associated elements that enable the operator to operate the aircraft in the national airspace system.</p> <p>The Department of Homeland Security, the Department of Defense, the Office of the Director of National Intelligence, and the Department of Justice are exempt from the restriction under specified circumstances. The bill sets forth further exemptions regarding the Department of Transportation, the Federal Aviation Administration, the National Transportation Safety Board, and the National Oceanic Atmospheric Administration.</p> <p>All executive agencies must account for existing inventories of UAS manufactured or assembled by a covered foreign entity in their personal property accounting systems.</p> <p>The Federal Acquisition Regulatory Council shall prescribe regulations or guidance to implement this bill's requirements pertaining to federal contracts.</p> <p>Government-issued purchase cards may not be used to procure any UAS from a covered foreign entity.</p> <p>The Office of Management and Budget shall establish a government-wide policy for the procurement of UAS, taking into account information security. <p>The Office of the Under Secretary of Defense for Acquisition and Sustainment must report to Congress on the supply chain for certain UAS. <p>The bill terminates five years after enactment.
|
<html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 473 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 473
To provide for drone security.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
February 16, 2023
Mr. Scott of Florida (for himself, Mr. Warner, Mr. Rubio, Mr.
Blumenthal, Mrs. Blackburn, and Mr. Murphy) introduced the following
bill; which was read twice and referred to the Committee on Homeland
Security and Governmental Affairs
_______________________________________________________________________
A BILL
To provide for drone 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 ``American Security Drone Act of
2023''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Covered foreign entity.--The term ``covered foreign
entity'' means an entity included on a list developed and
maintained by the Federal Acquisition Security Council and
published in the System for Award Management (SAM). This list
will include entities in the following categories:
(A) An entity included on the Consolidated
Screening List.
(B) Any entity that is subject to extrajudicial
direction from a foreign government, as determined by
the Secretary of Homeland Security.
(C) Any entity the Secretary of Homeland Security,
in coordination with the Attorney General, Director of
National Intelligence, and the Secretary of Defense,
determines poses a national security risk.
(D) Any entity domiciled in the People's Republic
of China or subject to influence or control by the
Government of the People's Republic of China or the
Communist Party of the People's Republic of China, as
determined by the Secretary of Homeland Security.
(E) Any subsidiary or affiliate of an entity
described in subparagraphs (A) through (D).
(2) Covered unmanned aircraft system.--The term ``covered
unmanned aircraft system'' has the meaning given the term
``unmanned aircraft system'' in section 44801 of title 49,
United States Code.
(3) Intelligence; intelligence community.--The terms
``intelligence'' and ``intelligence community'' have the
meanings given those terms in section 3 of the National
Security Act of 1947 (50 U.S.C. 3003).
SEC. 3. PROHIBITION ON PROCUREMENT OF COVERED UNMANNED AIRCRAFT SYSTEMS
FROM COVERED FOREIGN ENTITIES.
(a) In General.--Except as provided under subsections (b) through
(f), the head of an executive agency may not procure any covered
unmanned aircraft system that is manufactured or assembled by a covered
foreign entity, which includes associated elements related to the
collection and transmission of sensitive information (consisting of
communication links and the components that control the unmanned
aircraft) that enable the operator to operate the aircraft in the
National Airspace System. The Federal Acquisition Security Council, in
coordination with the Secretary of Transportation, shall develop and
update a list of associated elements.
(b) Exemption.--The Secretary of Homeland Security, the Secretary
of Defense, the Director of National Intelligence, and the Attorney
General are exempt from the restriction under subsection (a) if the
procurement is required in the national interest of the United States
and--
(1) is for the sole purposes of research, evaluation,
training, testing, or analysis for electronic warfare,
information warfare operations, cybersecurity, or development
of unmanned aircraft system or counter-unmanned aircraft system
technology;
(2) is for the sole purposes of conducting counterterrorism
or counterintelligence activities, protective missions, or
Federal criminal or national security investigations, including
forensic examinations, or for electronic warfare, information
warfare operations, cybersecurity, or development of an
unmanned aircraft system or counter-unmanned aircraft system
technology; or
(3) is an unmanned aircraft system that, as procured or as
modified after procurement but before operational use, can no
longer transfer to, or download data from, a covered foreign
entity and otherwise poses no national security cybersecurity
risks as determined by the exempting official.
(c) Department of Transportation and Federal Aviation
Administration Exemption.--The Secretary of Transportation is exempt
from the restriction under subsection (a) if the operation or
procurement is deemed to support the safe, secure, or efficient
operation of the National Airspace System or maintenance of public
safety, including activities carried out under the Federal Aviation
Administration's Alliance for System Safety of UAS through Research
Excellence (ASSURE) Center of Excellence (COE) and any other activity
deemed to support the safe, secure, or efficient operation of the
National Airspace System or maintenance of public safety, as determined
by the Secretary or the Secretary's designee.
(d) National Transportation Safety Board Exemption.--The National
Transportation Safety Board, in consultation with the Secretary of
Homeland Security, is exempt from the restriction under subsection (a)
if the operation or procurement is necessary for the sole purpose of
conducting safety investigations.
(e) National Oceanic and Atmospheric Administration Exemption.--The
Administrator of the National Oceanic and Atmospheric Administration
(NOAA), in consultation with the Secretary of Homeland Security, is
exempt from the restriction under subsection (a) if the procurement is
necessary for the purpose of meeting NOAA's science or management
objectives or operational mission.
(f) Waiver.--The head of an executive agency may waive the
prohibition under subsection (a) on a case-by-case basis--
(1) with the approval of the Director of the Office of
Management and Budget, after consultation with the Federal
Acquisition Security Council; and
(2) upon notification to--
(A) the Committee on Homeland Security and
Governmental Affairs of the Senate;
(B) the Committee on Oversight and Reform in the
House of Representatives; and
(C) other appropriate congressional committees of
jurisdiction.
SEC. 4. PROHIBITION ON OPERATION OF COVERED UNMANNED AIRCRAFT SYSTEMS
FROM COVERED FOREIGN ENTITIES.
(a) Prohibition.--
(1) In general.--Beginning on the date that is two years
after the date of the enactment of this Act, no Federal
department or agency may operate a covered unmanned aircraft
system manufactured or assembled by a covered foreign entity.
(2) Applicability to contracted services.--The prohibition
under paragraph (1) applies to any covered unmanned aircraft
systems that are being used by any executive agency through the
method of contracting for the services of covered unmanned
aircraft systems.
(b) Exemption.--The Secretary of Homeland Security, the Secretary
of Defense, the Director of National Intelligence, and the Attorney
General are exempt from the restriction under subsection (a) if the
operation is required in the national interest of the United States
and--
(1) is for the sole purposes of research, evaluation,
training, testing, or analysis for electronic warfare,
information warfare operations, cybersecurity, or development
of unmanned aircraft system or counter-unmanned aircraft system
technology;
(2) is for the sole purposes of conducting counterterrorism
or counterintelligence activities, protective missions, or
Federal criminal or national security investigations, including
forensic examinations, or for electronic warfare, information
warfare operations, cybersecurity, or development of an
unmanned aircraft system or counter-unmanned aircraft system
technology; or
(3) is an unmanned aircraft system that, as procured or as
modified after procurement but before operational use, can no
longer transfer to, or download data from, a covered foreign
entity and otherwise poses no national security cybersecurity
risks as determined by the exempting official.
(c) Department of Transportation and Federal Aviation
Administration Exemption.--The Secretary of Transportation is exempt
from the restriction under subsection (a) if the operation is deemed to
support the safe, secure, or efficient operation of the National
Airspace System or maintenance of public safety, including activities
carried out under the Federal Aviation Administration's Alliance for
System Safety of UAS through Research Excellence (ASSURE) Center of
Excellence (COE) and any other activity deemed to support the safe,
secure, or efficient operation of the National Airspace System or
maintenance of public safety, as determined by the Secretary or the
Secretary's designee.
(d) National Transportation Safety Board Exemption.--The National
Transportation Safety Board, in consultation with the Secretary of
Homeland Security, is exempt from the restriction under subsection (a)
if the operation is necessary for the sole purpose of conducting safety
investigations.
(e) National Oceanic and Atmospheric Administration Exemption.--The
Administrator of the National Oceanic and Atmospheric Administration
(NOAA), in consultation with the Secretary of Homeland Security, is
exempt from the restriction under subsection (a) if the procurement is
necessary for the purpose of meeting NOAA's science or management
objectives or operational mission.
(f) Waiver.--The head of an executive agency may waive the
prohibition under subsection (a) on a case-by-case basis--
(1) with the approval of the Director of the Office of
Management and Budget, after consultation with the Federal
Acquisition Security Council; and
(2) upon notification to--
(A) the Committee on Homeland Security and
Governmental Affairs of the Senate;
(B) the Committee on Oversight and Reform in the
House of Representatives; and
(C) other appropriate congressional committees of
jurisdiction.
(g) Regulations and Guidance.--Not later than 180 days after the
date of the enactment of this Act, the Secretary of Homeland Security,
in consultation with the Attorney General and the Secretary of
Transportation, shall prescribe regulations or guidance to implement
this section.
SEC. 5. PROHIBITION ON USE OF FEDERAL FUNDS FOR PROCUREMENT AND
OPERATION OF COVERED UNMANNED AIRCRAFT SYSTEMS FROM
COVERED FOREIGN ENTITIES.
(a) In General.--Beginning on the date that is two years after the
date of the enactment of this Act, except as provided in subsection
(b), no Federal funds awarded through a contract, grant, or cooperative
agreement, or otherwise made available may be used--
(1) to procure a covered unmanned aircraft system that is
manufactured or assembled by a covered foreign entity; or
(2) in connection with the operation of such a drone or
unmanned aircraft system.
(b) Exemption.--The Secretary of Homeland Security, the Secretary
of Defense, the Director of National Intelligence, and the Attorney
General are exempt from the restriction under subsection (a) if the
procurement or operation is required in the national interest of the
United States and--
(1) is for the sole purposes of research, evaluation,
training, testing, or analysis for electronic warfare,
information warfare operations, cybersecurity, or development
of unmanned aircraft system or counter-unmanned aircraft system
technology;
(2) is for the sole purposes of conducting counterterrorism
or counterintelligence activities, protective missions, or
Federal criminal or national security investigations, including
forensic examinations, or for electronic warfare, information
warfare operations, cybersecurity, or development of an
unmanned aircraft system or counter-unmanned aircraft system
technology; or
(3) is an unmanned aircraft system that, as procured or as
modified after procurement but before operational use, can no
longer transfer to, or download data from, a covered foreign
entity and otherwise poses no national security cybersecurity
risks as determined by the exempting official.
(c) Department of Transportation and Federal Aviation
Administration Exemption.--The Secretary of Transportation is exempt
from the restriction under subsection (a) if the operation or
procurement is deemed to support the safe, secure, or efficient
operation of the National Airspace System or maintenance of public
safety, including activities carried out under the Federal Aviation
Administration's Alliance for System Safety of UAS through Research
Excellence (ASSURE) Center of Excellence (COE) and any other activity
deemed to support the safe, secure, or efficient operation of the
National Airspace System or maintenance of public safety, as determined
by the Secretary or the Secretary's designee.
(d) National Oceanic and Atmospheric Administration Exemption.--The
Administrator of the National Oceanic and Atmospheric Administration
(NOAA), in consultation with the Secretary of Homeland Security, is
exempt from the restriction under subsection (a) if the operation or
procurement is necessary for the purpose of meeting NOAA's science or
management objectives or operational mission.
(e) Waiver.--The head of an executive agency may waive the
prohibition under subsection (a) on a case-by-case basis--
(1) with the approval of the Director of the Office of
Management and Budget, after consultation with the Federal
Acquisition Security Council; and
(2) upon notification to--
(A) the Committee on Homeland Security and
Governmental Affairs of the Senate;
(B) the Committee on Oversight and Reform in the
House of Representatives; and
(C) other appropriate congressional committees of
jurisdiction.
(f) Regulations.--Not later than 180 days after the date of the
enactment of this Act, the Federal Acquisition Regulatory Council shall
prescribe regulations or guidance, as necessary, to implement the
requirements of this section pertaining to Federal contracts.
SEC. 6. PROHIBITION ON USE OF GOVERNMENT-ISSUED PURCHASE CARDS TO
PURCHASE COVERED UNMANNED AIRCRAFT SYSTEMS FROM COVERED
FOREIGN ENTITIES.
Effective immediately, Government-issued Purchase Cards may not be
used to procure any covered unmanned aircraft system from a covered
foreign entity.
SEC. 7. MANAGEMENT OF EXISTING INVENTORIES OF COVERED UNMANNED AIRCRAFT
SYSTEMS FROM COVERED FOREIGN ENTITIES.
(a) In General.--All executive agencies must account for existing
inventories of covered unmanned aircraft systems manufactured or
assembled by a covered foreign entity in their personal property
accounting systems, within one year of the date of enactment of this
Act, regardless of the original procurement cost, or the purpose of
procurement due to the special monitoring and accounting measures
necessary to track the items' capabilities.
(b) Classified Tracking.--Due to the sensitive nature of missions
and operations conducted by the United States Government, inventory
data related to covered unmanned aircraft systems manufactured or
assembled by a covered foreign entity may be tracked at a classified
level, as determined by the Secretary of Homeland Security or the
Secretary's designee.
(c) Exceptions.--The Department of Defense, the Department of
Homeland Security, the Department of Justice, the Department of
Transportation, and the National Oceanic and Atmospheric Administration
may exclude from the full inventory process, covered unmanned aircraft
systems that are deemed expendable due to mission risk such as recovery
issues, or that are one-time-use covered unmanned aircraft due to
requirements and low cost.
SEC. 8. COMPTROLLER GENERAL REPORT.
Not later than 275 days after the date of the enactment of this
Act, the Comptroller General of the United States shall submit to
Congress a report on the amount of commercial off-the-shelf drones and
covered unmanned aircraft systems procured by Federal departments and
agencies from covered foreign entities.
SEC. 9. GOVERNMENT-WIDE POLICY FOR PROCUREMENT OF UNMANNED AIRCRAFT
SYSTEMS.
(a) In General.--Not later than 180 days after the date of the
enactment of this Act, the Director of the Office of Management and
Budget, in coordination with the Department of Homeland Security,
Department of Transportation, the Department of Justice, and other
Departments as determined by the Director of the Office of Management
and Budget, and in consultation with the National Institute of
Standards and Technology, shall establish a government-wide policy for
the procurement of an unmanned aircraft system--
(1) for non-Department of Defense and non-intelligence
community operations; and
(2) through grants and cooperative agreements entered into
with non-Federal entities.
(b) Information Security.--The policy developed under subsection
(a) shall include the following specifications, which to the extent
practicable, shall be based on industry standards and technical
guidance from the National Institute of Standards and Technology, to
address the risks associated with processing, storing, and transmitting
Federal information in an unmanned aircraft system:
(1) Protections to ensure controlled access to an unmanned
aircraft system.
(2) Protecting software, firmware, and hardware by ensuring
changes to an unmanned aircraft system are properly managed,
including by ensuring an unmanned aircraft system can be
updated using a secure, controlled, and configurable mechanism.
(3) Cryptographically securing sensitive collected, stored,
and transmitted data, including proper handling of privacy data
and other controlled unclassified information.
(4) Appropriate safeguards necessary to protect sensitive
information, including during and after use of an unmanned
aircraft system.
(5) Appropriate data security to ensure that data is not
transmitted to or stored in non-approved locations.
(6) The ability to opt out of the uploading, downloading,
or transmitting of data that is not required by law or
regulation and an ability to choose with whom and where
information is shared when it is required.
(c) Requirement.--The policy developed under subsection (a) shall
reflect an appropriate risk-based approach to information security
related to use of an unmanned aircraft system.
(d) Revision of Acquisition Regulations.--Not later than 180 days
after the date on which the policy required under subsection (a) is
issued--
(1) the Federal Acquisition Regulatory Council shall revise
the Federal Acquisition Regulation, as necessary, to implement
the policy; and
(2) any Federal department or agency or other Federal
entity not subject to, or not subject solely to, the Federal
Acquisition Regulation shall revise applicable policy,
guidance, or regulations, as necessary, to implement the
policy.
(e) Exemption.--In developing the policy required under subsection
(a), the Director of the Office of Management and Budget shall--
(1) incorporate policies to implement the exemptions
contained in this Act; and
(2) incorporate an exemption to the policy in the case of a
head of the procuring department or agency determining, in
writing, that no product that complies with the information
security requirements described in subsection (b) is capable of
fulfilling mission critical performance requirements, and such
determination--
(A) may not be delegated below the level of the
Deputy Secretary, or Administrator, of the procuring
department or agency;
(B) shall specify--
(i) the quantity of end items to which the
waiver applies and the procurement value of
those items; and
(ii) the time period over which the waiver
applies, which shall not exceed three years;
(C) shall be reported to the Office of Management
and Budget following issuance of such a determination;
and
(D) not later than 30 days after the date on which
the determination is made, shall be provided to the
Committee on Homeland Security and Governmental Affairs
of the Senate and the Committee on Oversight and Reform
of the House of Representatives.
SEC. 10. STATE, LOCAL, AND TERRITORIAL LAW ENFORCEMENT AND EMERGENCY
SERVICE EXEMPTION.
(a) Rule of Construction.--Nothing in this Act shall prevent a
State, local, or territorial law enforcement or emergency service
agency from procuring or operating a covered unmanned aircraft system
purchased with non-Federal dollars.
(b) Continuity of Arrangements.--The Federal Government may
continue entering into contracts, grants, and cooperative agreements or
other Federal funding instruments with State, local, or territorial law
enforcement or emergency service agencies under which a covered
unmanned aircraft system will be purchased or operated if the agency
has received approval or waiver to purchase or operate a covered
unmanned aircraft system pursuant to section 5.
SEC. 11. STUDY.
(a) Study on the Supply Chain for Unmanned Aircraft Systems and
Components.--
(1) Report required.--Not later than one year after the
date of the enactment of this Act, the Under Secretary of
Defense for Acquisition and Sustainment shall provide to the
appropriate congressional committees a report on the supply
chain for covered unmanned aircraft systems, including a
discussion of current and projected future demand for covered
unmanned aircraft systems.
(2) Elements.--The report under paragraph (1) shall include
the following:
(A) A description of the current and future global
and domestic market for covered unmanned aircraft
systems that are not widely commercially available
except from a covered foreign entity.
(B) A description of the sustainability,
availability, cost, and quality of secure sources of
covered unmanned aircraft systems domestically and from
sources in allied and partner countries.
(C) The plan of the Secretary of Defense to address
any gaps or deficiencies identified in subparagraph
(B), including through the use of funds available under
the Defense Production Act of 1950 (50 U.S.C. 4501 et
seq.) and partnerships with the National Aeronautics
and Space Administration and other interested persons.
(D) Such other information as the Under Secretary
of Defense for Acquisition and Sustainment determines
to be appropriate.
(3) Appropriate congressional committees defined.--In this
section the term ``appropriate congressional committees''
means:
(A) The Committees on Armed Services of the Senate
and the House of Representatives.
(B) The Committee on Homeland Security and
Governmental Affairs of the Senate and the Committee on
Oversight and Reform of the House of Representatives.
(C) The Committee on Commerce, Science, and
Transportation of the Senate and the Committee on
Science, Space, and Technology of the House of
Representatives.
(D) The Select Committee on Intelligence of the
Senate and the Permanent Select Committee on
Intelligence of the House of Representatives.
(E) The Committee on Transportation and
Infrastructure of the House of Representatives.
(F) The Committee on Homeland Security of the House
of Representatives.
SEC. 12. EXCEPTIONS.
(a) Exception for Wildfire Management Operations and Search and
Rescue Operations.--The appropriate Federal agencies, in consultation
with the Secretary of Homeland Security, are exempt from the
procurement and operation restrictions under sections 3, 4, and 5 to
the extent the procurement or operation is necessary for the purpose of
supporting the full range of wildfire management operations or search
and rescue operations.
(b) Exception for Intelligence Activities.--The elements of the
intelligence community, in consultation with the Director of National
Intelligence, are exempt from the procurement and operation
restrictions under sections 3, 4, and 5 to the extent the procurement
or operation is necessary for the purpose of supporting intelligence
activities.
(c) Exception for Tribal Law Enforcement or Emergency Service
Agency.--Tribal law enforcement or Tribal emergency service agencies,
in consultation with the Secretary of Homeland Security, are exempt
from the procurement, operation, and purchase restrictions under
sections 3, 4, and 5 to the extent the procurement or operation is
necessary for the purpose of supporting the full range of law
enforcement operations or search and rescue operations on Indian lands.
SEC. 13. SUNSET.
Sections 3, 4, and 5 shall cease to have effect on the date that is
five years after the date of the enactment of this Act.
<all>
</pre></body></html>
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118S474
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REPORT Act
|
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] |
<html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 474 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 474
To amend title 18, United States Code, to strengthen reporting to the
CyberTipline related to online sexual exploitation of children, to
modernize liabilities for such reports, to preserve the contents of
such reports for 1 year, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
February 16, 2023
Mrs. Blackburn (for herself and Mr. Ossoff) 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 strengthen reporting to the
CyberTipline related to online sexual exploitation of children, to
modernize liabilities for such reports, to preserve the contents of
such reports for 1 year, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Revising Existing Procedures On
Reporting via Technology Act'' or the ``REPORT Act''.
SEC. 2. LIMITED LIABILITY MODERNIZATION.
(a) Amendments.--Section 2258B of title 18, United States Code, is
amended--
(1) in the section heading, by striking ``providers or
domain name registrars'' and inserting ``the reporting,
storage, and handling of certain visual depictions of apparent
child pornography to the National Center for Missing and
Exploited Children'';
(2) in subsection (b)--
(A) in the matter preceding paragraph (1), by
inserting ``or charge'' after ``a claim''; and
(B) in paragraph (2)(C), by striking ``this
section,''; and
(3) by adding at the end the following:
``(d) Limited Liability for NCMEC-Contracted Vendors.--
``(1) In general.--Except as provided in paragraph (2), a
civil claim or criminal charge may not be brought in any
Federal or State court against a vendor contractually retained
and designated by NCMEC to support the clearinghouse role of
NCMEC, as set forth in section 404(b) of the Juvenile Justice
and Delinquency Prevention Act of 1974 (34 U.S.C. 11293(b)).
``(2) Intentional, reckless, or other misconduct.--
Paragraph (1) shall not apply to a claim or charge if the
vendor--
``(A) engaged in--
``(i) intentional misconduct;
``(ii) negligent conduct; or
``(iii) conduct not authorized under the
contract of the vendor with NCMEC to support
the clearinghouse role of NCMEC, as set forth
in section 404(b) of the Juvenile Justice and
Delinquency Prevention Act of 1974 (34 U.S.C.
11293(b)); or
``(B) acted, or failed to act--
``(i) with actual malice;
``(ii) with reckless disregard to a
substantial risk of causing physical injury
without legal justification; or
``(iii) for a purpose unrelated to the
performance of any responsibility or function--
``(I) set forth in paragraph (1);
or
``(II) under sections 2258A, 2258C,
2702, or 2703.
``(3) Minimizing access by vendor.--With respect to any
visual depiction of child pornography stored or transferred by
a vendor contractually retained and designated by NCMEC to
support the clearing house role of NCMEC, as set forth in
section 404(b) of the Juvenile Justice and Delinquency
Prevention Act of 1974 (34 U.S.C. 11293(b)), a vendor shall
minimize the number of employees that may be able to obtain
access to such visual depiction.
``(e) Limited Liability for Minors, and Persons Acting on Behalf of
a Minor, Reporting Visual Depictions of Apparent Child Pornography in
Which the Minor Is Depicted.--
``(1) In general.--Except as provided in paragraph (2), a
civil claim or criminal charge may not be brought in any
Federal or State court against a minor, or a person acting on
behalf of a minor, arising from a report to the CyberTipline of
NCMEC by the minor or the person acting on behalf of a minor of
information that relates to a visual depiction of apparent
child pornography in which the minor is depicted, including a
copy of the visual depiction of the minor.
``(2) Intentional, reckless, or other misconduct.--
Paragraph (1) shall not apply to a claim or charge if the
minor, or person acting on behalf of the minor--
``(A) engaged in--
``(i) intentional misconduct in submitting
the report to the CyberTipline of NCMEC of
information that relates to a visual depiction
of apparent child pornography in which the
minor is depicted, including a copy of the
visual depiction of the minor; or
``(ii) negligent conduct; or
``(B) acted, or failed to act--
``(i) with actual malice; or
``(ii) with reckless disregard to a
substantial risk of causing physical injury
without legal justification.
``(3) Minimizing access.--With respect to any visual
depiction of child pornography reported to the CyberTipline of
NCMEC by a minor, or a person acting on behalf of a minor, in
which the minor is depicted, NCMEC shall minimize access to the
visual depiction and ensure the appropriate deletion of the
visual depiction, as set forth in section 2258D.''.
(b) Applicability.--The amendment made by subsection (a) shall
apply with respect to a civil claim or criminal charge that is filed on
or after the date of enactment of this Act.
(c) Table of Sections Amendment.--The table of sections for chapter
110 of title 18, United States Code, is amended by striking the item
relating to section 2258B and inserting the following:
``2258B. Limited liability for the reporting, storage, and handling of
certain visual depictions of apparent child
pornography to the National Center for
Missing and Exploited Children.''.
SEC. 3. PRESERVATION OF REPORTS TO CYBERTIPLINE RELATED TO ONLINE
SEXUAL EXPLOITATION OF CHILDREN.
Section 2258A(h) of title 18, United States Code, is amended--
(1) in paragraph (1), by striking ``90 days'' and inserting
``1 year''; and
(2) by adding at the end the following:
``(5) Extension of preservation.--A provider of a report to
the CyberTipline under subsection (a)(1) may voluntarily
preserve the contents provided in the report (including any
comingled content described in paragraph (2)) for longer than 1
year after the submission to the CyberTipline for the purpose
of reducing the proliferation of online child sexual
exploitation or preventing the online sexual exploitation of
children.
``(6) Method of preservation.--Not later than 1 year after
the date of enactment of this paragraph, a provider of a report
to the CyberTipline under subsection (a)(1) shall preserve
materials under this subsection in a manner that is consistent
with the most recent version of the Cybersecurity Framework
developed by the National Institute of Standards and
Technology, or any successor thereto.''.
SEC. 4. STRENGTHENING OF DUTY TO REPORT APPARENT VIOLATIONS TO
CYBERTIPLINE RELATED TO ONLINE EXPLOITATION OF CHILDREN.
(a) Amendments.--Section 2258A of title 18, United States Code, is
amended--
(1) in subsection (a)--
(A) in paragraph (1)(A)--
(i) in the matter preceding clause (i), by
inserting ``shall'' after ``provider'';
(ii) in clause (i), by striking ``shall,'';
and
(iii) in clause (ii), by striking ``may,'';
and
(B) in paragraph (2)(A), by inserting ``, of
section 1591 (if the violation involves a minor), or of
2422(b)'' after ``child pornography''; and
(2) in subsection (e)--
(A) in paragraph (1), by striking ``$150,000'' and
inserting ``$850,000 in the case of a provider with not
less than 100,000,000 monthly active users or $600,000
in the case of a provider with less than 100,000,000
monthly active users''; and
(B) in paragraph (2), by striking ``$300,000'' and
inserting ``$1,000,000 in the case of a provider with
not less than 100,000,000 monthly active users or
$850,000 in the case of a provider with less than
100,000,000 monthly active users''.
(b) Guidance.--Not later than 180 days after the date of enactment
of this Act, the National Center for Missing & Exploited Children shall
issue guidance to providers required to take actions described in
section 2258A(a)(1)(B) of title 18, United States Code, on the facts or
circumstances that constitute an apparent violation of section 1591 of
that title and of section 2422(b) of that title.
<all>
</pre></body></html>
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|
118S475
|
A bill to designate the clinic of the Department of Veterans Affairs in Gallup, New Mexico, as the Hiroshi "Hershey" Miyamura VA Clinic.
|
[
[
"H001046",
"Sen. Heinrich, Martin [D-NM]",
"sponsor"
],
[
"L000570",
"Sen. Lujan, Ben Ray [D-NM]",
"cosponsor"
]
] |
<p>This bill designates the clinic of the Department of Veterans Affairs in Gallup, New Mexico, as the Hiroshi "Hershey" Miyamura Department of Veterans Affairs Clinic or the Hiroshi "Hershey" Miyamura VA Clinic.</p>
|
<html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 475 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 475
To designate the clinic of the Department of Veterans Affairs in
Gallup, New Mexico, as the Hiroshi ``Hershey'' Miyamura VA Clinic.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
February 16, 2023
Mr. Heinrich (for himself and Mr. Lujan) introduced the following bill;
which was read twice and referred to the Committee on Veterans' Affairs
_______________________________________________________________________
A BILL
To designate the clinic of the Department of Veterans Affairs in
Gallup, New Mexico, as the Hiroshi ``Hershey'' Miyamura VA Clinic.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. DESIGNATION OF HIROSHI ``HERSHEY'' MIYAMURA DEPARTMENT OF
VETERANS AFFAIRS CLINIC.
(a) Findings.--Congress finds the following:
(1) Hiroshi ``Hershey'' Miyamura was born on October 6,
1925, in Gallup, New Mexico.
(2) A second generation Japanese American, Hershey Miyamura
first served in the United States Army near the end of World
War II.
(3) Hershey Miyamura served in the Army at a time when many
of his fellow Japanese Americans, and that includes his future
wife, were detained in internment camps in the United States.
(4) Hershey Miyamura served in the storied 442nd Infantry
Regiment, which was composed of soldiers with Japanese ancestry
and became one of the most decorated units in the history of
the United States military.
(5) Following the start of the Korean War in 1950, the Army
recalled Hershey Miyamura, who had remained as a member of the
reserve components of the Army, back into active duty.
(6) During an overnight firefight from April 24 to April
25, 1951, then-Corporal Miyamura covered the withdrawal of his
entire company from advancing enemy forces as a machine gun
squad leader.
(7) The selfless actions by Hershey Miyamura that night
allowed all 16 of his men to withdraw safely before he was
severely wounded and captured as a prisoner of war.
(8) Nearly 2\1/2\ years later, following his release and
return to the United States, President Eisenhower presented
Hershey Miyamura with the Congressional Medal of Honor in a
ceremony at the White House.
(9) The lifelong dedication of Hershey Miyamura to the
United States never ceased. It continued long after his
decorated military service ended.
(10) After he received his honorable discharge from the
Army, Hershey Miyamura opened a service station along Route 66
in his hometown of Gallup, New Mexico.
(11) Hershey Miyamura remained active in his community
until his dying days, advocating for his fellow veterans and
inspiring young people with lectures on patriotism, faith, and
service.
(b) Designation.--The clinic of the Department of Veterans Affairs
located at 2075 South NM Highway 602, Gallup, New Mexico, shall after
the date of the enactment of this Act be known and designated as the
``Hiroshi `Hershey' Miyamura Department of Veterans Affairs Clinic'' or
the ``Hiroshi `Hershey' Miyamura VA Clinic''.
(c) References.--Any reference in any law, regulation, map,
document, paper, or other record of the United States to the clinic
referred to in subsection (b) shall be considered to be a reference to
the ``Hiroshi `Hershey' Miyamura VA Clinic''.
<all>
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118S476
|
Maintaining Investments in New Innovation Act
|
[
[
"M000639",
"Sen. Menendez, Robert [D-NJ]",
"sponsor"
],
[
"B001243",
"Sen. Blackburn, Marsha [R-TN]",
"cosponsor"
]
] |
<p><b>Maintaining Investments in New Innovation Act</b></p> <p>This bill requires drug products with genetically targeted technology to have had market approval for at least 11 years in order to qualify for the Medicare Drug Price Negotiation Program. (The program requires the Centers for Medicare & Medicaid Services to negotiate the prices of certain prescription drugs under Medicare beginning in 2026. Among other requirements, drugs must have had market approval for at least 7 years (for drug products) or 11 years (for biologics) to qualify for negotiation.)</p>
|
<html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 476 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 476
To amend title XI of the Social Security Act to protect access to
genetically targeted technologies.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
February 16, 2023
Mr. Menendez (for himself and Mrs. Blackburn) introduced the following
bill; which was read twice and referred to the Committee on Finance
_______________________________________________________________________
A BILL
To amend title XI of the Social Security Act to protect access to
genetically targeted technologies.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Maintaining Investments in New
Innovation Act''.
SEC. 2. AMENDMENT TO DEFINITION OF QUALIFYING SINGLE SOURCE DRUG.
Section 1192(e) of the Social Security Act (42 U.S.C. 1320f-1(e))
is amended--
(1) in paragraph (1)(A)(ii), by inserting ``(or, in the
case of an advanced drug product (as defined in paragraph (4)),
11 years)'' after ``7 years''; and
(2) by adding at the end the following new paragraph:
``(4) Advanced drug product defined.--For purposes of
paragraph (1)(A)(ii), the term `advanced drug product' means a
drug that incorporates or utilizes a genetically targeted
technology (as defined in section 529A(c)(2) of the Federal
Food, Drug, and Cosmetic Act) that may result in the modulation
(including suppression, up-regulation, or activation) of the
function of a gene or its associated gene product.''.
<all>
</pre></body></html>
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118S477
|
Taiwan Invasion Prevention Act
|
[
[
"S001217",
"Sen. Scott, Rick [R-FL]",
"sponsor"
]
] |
<html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 477 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 477
To authorize the President to use military force for the purpose of
securing and defending Taiwan against armed attack, and for other
purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
February 16, 2023
Mr. Scott of Florida introduced the following bill; which was read
twice and referred to the Committee on Foreign Relations
_______________________________________________________________________
A BILL
To authorize the President to use military force for the purpose of
securing and defending Taiwan against armed attack, and for other
purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Taiwan Invasion Prevention Act''.
SEC. 2. TABLE OF CONTENTS.
The table of contents for this Act is as follows:
Sec. 1. Short title.
Sec. 2. Table of contents.
TITLE I--AUTHORIZATION FOR USE OF UNITED STATES ARMED FORCES
Sec. 101. Findings; sense of Congress.
Sec. 102. Authorization for use of United States Armed Forces.
TITLE II--OTHER MATTERS
Sec. 201. Regional security dialogue to improve security relationships
in the Western Pacific area.
Sec. 202. United States-Taiwan bilateral trade agreement.
Sec. 203. United States-Taiwan combined military exercises and related
actions.
Sec. 204. Sense of Congress regarding United States support for
defending Taiwan.
Sec. 205. High-level visits.
Sec. 206. Sense of Congress regarding address to joint session of
Congress by President of Taiwan.
TITLE I--AUTHORIZATION FOR USE OF UNITED STATES ARMED FORCES
SEC. 101. FINDINGS; SENSE OF CONGRESS.
(a) Findings.--Congress finds the following:
(1) Taiwan is a free and prosperous democracy of nearly
24,000,000 people and is an important contributor to peace and
stability around the world.
(2) Section 2(b) of the Taiwan Relations Act (Public Law
96-8; 22 U.S.C. 3301(b)) states that it is the policy of the
United States--
(A) ``to preserve and promote extensive, close, and
friendly commercial, cultural, and other relations
between the people of the United States and the people
on Taiwan, as well as the people on the China mainland
and all other peoples of the Western Pacific area'';
(B) ``to declare that peace and stability in the
area are in the political, security, and economic
interests of the United States, and are matters of
international concern'';
(C) ``to make clear that the United States decision
to establish diplomatic relations with the People's
Republic of China rests upon the expectation that the
future of Taiwan will be determined by peaceful
means'';
(D) ``to consider any effort to determine the
future of Taiwan by other than peaceful means,
including by boycotts or embargoes, a threat to the
peace and security of the Western Pacific area and of
grave concern to the United States'';
(E) ``to provide Taiwan with arms of a defensive
character''; and
(F) ``to maintain the capacity of the United States
to resist any resort to force or other forms of
coercion that would jeopardize the security, or the
social or economic system, of the people on Taiwan''.
(3) Since the election of President Tsai Ing-wen as
President of Taiwan in 2016, the Government of the People's
Republic of China has intensified its efforts to pressure
Taiwan through diplomatic isolation and military provocations.
(4) The rapid modernization of the People's Liberation Army
and recent military maneuvers in and around the Taiwan Strait
illustrate a clear threat to Taiwan's security.
(b) Sense of Congress.--It is the sense of Congress that--
(1) both the United States and Taiwan have made significant
strides since 1979 in bolstering their defense relationship;
(2) the People's Republic of China has dramatically
increased the capability of its military forces since 1979;
(3) the People's Republic of China has in recent years
increased the use of its military forces to harass and provoke
Taiwan with the threat of overwhelming force; and
(4) it is the policy of the United States to consider any
effort to determine the future of Taiwan by anything other than
peaceful means, including by boycotts or embargoes, a threat to
the peace and security of the Western Pacific area, and of
grave concern to the United States.
SEC. 102. AUTHORIZATION FOR USE OF UNITED STATES ARMED FORCES.
(a) In General.--The President is authorized to use the Armed
Forces of the United States and take such other measures as the
President determines to be necessary and appropriate in order to secure
and protect Taiwan against--
(1) a direct armed attack by the military forces of the
People's Republic of China against the military forces of
Taiwan;
(2) the taking of territory under the effective
jurisdiction of Taiwan by the military forces of the People's
Republic of China; or
(3) the endangering of the lives of members of the military
forces of Taiwan or civilians within the effective jurisdiction
of Taiwan in cases in which such members or civilians have been
killed or are in imminent danger of being killed.
(b) War Powers Resolution Requirements.--
(1) Specific statutory authorization.--Consistent with
section 8(a)(1) of the War Powers Resolution (50 U.S.C.
1547(a)(1)), Congress declares that this section is intended to
constitute specific statutory authorization within the meaning
of section 5(b) of the War Powers Resolution (50 U.S.C.
1544(b)).
(2) Applicability of other requirements.--Nothing in this
Act may be construed to supersede any requirement of the War
Powers Resolution (50 U.S.C. 1541 et seq.).
(c) Sense of Congress.--It is the sense of Congress that, at the
earliest possible date after the date of the enactment of this Act, the
President should release a public declaration that it is the policy of
the United States to secure and protect Taiwan against any action of
the People's Republic of China described in paragraph (1), (2), or (3)
of subsection (a).
(d) Statement of Policy.--It is the policy of the United States to
demand that the People's Republic of China officially renounce the use
or threat of military force in any attempt to unify with Taiwan.
(e) Authorization Period.--
(1) In general.--The authorization for use of the Armed
Forces under this section shall expire on the date that is 5
years after the date of the enactment of this Act.
(2) Sense of congress.--It is the sense of Congress that
the authorization for use of the Armed Forces under this
section should be reauthorized by a subsequent Act of Congress.
TITLE II--OTHER MATTERS
SEC. 201. REGIONAL SECURITY DIALOGUE TO IMPROVE SECURITY RELATIONSHIPS
IN THE WESTERN PACIFIC AREA.
(a) In General.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Defense, in coordination with
the Secretary of State and the heads of other relevant Federal
agencies, as appropriate, shall seek to convene, on an annual basis, a
regional security dialogue with the Government of Taiwan and the
governments of like-minded security partners to improve the security
relationships among the United States and such countries in the Western
Pacific area.
(b) Matters To Be Included.--The regional security dialogue may
consider matters relating to--
(1) coordinating lower-level military-to-military dialogue;
and
(2) planning for potential military confrontation
scenarios.
SEC. 202. UNITED STATES-TAIWAN BILATERAL TRADE AGREEMENT.
Not later than 180 days after the date of the enactment of this
Act, the United States Trade Representative should seek to enter into
negotiations with representatives from Taiwan to establish a bilateral
trade agreement between the United States and Taiwan.
SEC. 203. UNITED STATES-TAIWAN COMBINED MILITARY EXERCISES AND RELATED
ACTIONS.
(a) Combined Military Exercises.--The Secretary of Defense, in
coordination with the heads of other relevant Federal agencies, should
seek to carry out a program of combined military exercises between the
United States, Taiwan, and, if feasible, other United States allies and
partners to improve military coordination and relations with Taiwan.
(b) Combined Disaster Relief Exercises.--The Secretary of Defense,
in coordination with the heads of other relevant Federal agencies,
should engage with their counterparts in Taiwan to organize combined
disaster and humanitarian relief exercises.
(c) Taiwan Strait Transits, Freedom of Navigation Operations, and
Presence Operations.--The Secretary of Defense should consider
increasing transits through the Taiwan Strait, freedom of navigation
operations in the Taiwan Strait, and presence operations in the Western
Pacific by the United States Navy, including in conjunction with United
States allies and partners.
(d) Sense of Congress.--It is the sense of Congress that Taiwan
should dedicate additional domestic resources toward advancing its
military readiness for purposes of defending Taiwan, including
through--
(1) steady increases in annual defense spending as a share
of gross domestic product;
(2) procurements of defense technologies that directly
bolster Taiwan's asymmetric defense capabilities;
(3) reform of Taiwan's military reserves, including
increasing the length of training required and number of days
required in service annually;
(4) participation with United States Armed Forces in
combined military exercises; and
(5) further engagement with the United States on
strengthening Taiwan's cyber capabilities.
SEC. 204. SENSE OF CONGRESS REGARDING UNITED STATES SUPPORT FOR
DEFENDING TAIWAN.
It is the sense of Congress that--
(1) given the security considerations posed by the People's
Republic of China, the Secretary of State should accelerate the
approval of sales of defense articles and services to Taiwan
for purposes of defending Taiwan; and
(2) the Secretary of Defense should offer support to Taiwan
by--
(A) continuing to send United States military
advisors to Taiwan for training purposes;
(B) encouraging members of the United States Armed
Forces to enroll in Taiwan's National Defense
University;
(C) maintaining a significant United States naval
presence within a close proximity to Taiwan; and
(D) reestablishing the Taiwan Patrol Force under
the direction of the United States Navy.
SEC. 205. HIGH-LEVEL VISITS.
(a) Visit to Taiwan by President of the United States.--Not later
than 1 year after the date of the enactment of this Act, the President
or the Secretary of State (if designated by the President), with
appropriate interagency consultation and participation, should arrange
a meeting in Taiwan with the President of Taiwan.
(b) Visit to the United States by President of Taiwan.--It is the
sense of Congress that the United States would benefit from a meeting
in the United States between the President or the Secretary of State
and the President of Taiwan.
SEC. 206. SENSE OF CONGRESS REGARDING ADDRESS TO JOINT SESSION OF
CONGRESS BY PRESIDENT OF TAIWAN.
It is the sense of Congress that it would be beneficial for the
United States and Taiwan to invite the President of Taiwan to address a
joint session of Congress and subsequently participate in a roundtable
discussion with members of Congress.
<all>
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|
118S478
|
GRAD Act
|
[
[
"R000615",
"Sen. Romney, Mitt [R-UT]",
"sponsor"
],
[
"B001261",
"Sen. Barrasso, John [R-WY]",
"cosponsor"
],
[
"H000273",
"Sen. Hickenlooper, John W. [D-CO]",
"cosponsor"
]
] |
<p><strong>Graduation Reporting for Accuracy and Decision-Making Act or the GRAD Act</strong></p> <p>This bill expands consumer information disclosure requirements related to student completion or graduation rates at institutions of higher education (IHEs) that participate in federal student-aid programs. </p> <p>Currently, such IHEs must disclose the completion or graduation rate of first-time, full-time, certificate- or degree-seeking undergraduate students. This bill expands disclosure requirements to include the completion or graduation rates of non-first-time and half-time certificate- or degree-seeking undergraduate students. The bill also sets forth new time periods for calculating the completion or graduation rates for programs of study that are less than four years.</p>
|
<html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 478 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 478
To amend the Higher Education Act of 1965 to provide for comprehensive
student achievement information.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
February 16, 2023
Mr. Romney (for himself, Mr. Barrasso, and Mr. Hickenlooper) 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 for comprehensive
student achievement information.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Graduation Reporting for Accuracy
and Decision-Making Act'' or the ``GRAD Act''.
SEC. 2. CONSUMER INFORMATION ABOUT COMPLETION OR GRADUATION TIMES.
(a) Transparency in College Tuition for Consumers.--Section
132(i)(1)(J) of the Higher Education Act of 1965 (20 U.S.C.
1015a(i)(1)(J)) is amended to read as follows:
``(J)(i) For programs of study 4 years of length or
longer--
``(I) the percentages of first-time, full-
time, degree- or certificate-seeking
undergraduate students enrolled at the
institution who obtain a degree or certificate
within each of the times for completion or
graduation described in subclauses (I) through
(III) of clause (iii);
``(II) the percentages of first-time, part-
time, degree- or certificate-seeking
undergraduate students enrolled at the
institution who obtain a degree or certificate
within each of the times for completion or
graduation described in subclauses (I) through
(III) of clause (iii);
``(III) the percentages of non-first time,
full-time, degree- or certificate-seeking
undergraduate students enrolled at the
institution who obtain a degree or certificate
within each of the times for completion or
graduation described in subclauses (I) through
(III) of clause (iii); and
``(IV) the percentages of non-first-time,
part-time, degree- or certificate-seeking
undergraduate students enrolled at the
institution who obtain a degree or certificate
within each of the times for completion or
graduation described in subclauses (I) through
(III) of clause (iii).
``(ii) For programs of study less than 4 years--
``(I) the percentages of first-time, full-
time, degree- or certificate-seeking
undergraduate students enrolled at the
institution who obtain a degree or certificate
within each of the times for completion or
graduation described in subclauses (I) through
(IV) of clause (iii);
``(II) the percentages of first-time, part-
time, degree- or certificate-seeking
undergraduate students enrolled at the
institution who obtain a degree or certificate
within each of the times for completion or
graduation described in subclauses (I) through
(IV) of clause (iii);
``(III) the percentages of non-first-time,
full-time, degree- or certificate-seeking
undergraduate students enrolled at the
institution who obtain a degree or certificate
within each of the times for completion or
graduation described in subclauses (I) through
(IV) of clause (iii); and
``(IV) the percentages of non-first-time,
part-time, degree- or certificate-seeking
undergraduate students enrolled at the
institution who obtain a degree or certificate
within each of the times for completion or
graduation described in subclauses (I) through
(IV) of clause (iii).
``(iii) For purposes of this subparagraph, the
times for completion or graduation are as follows:
``(I) The normal time for completion of, or
graduation from, the student's program.
``(II) 150 percent of the normal time for
completion of, or graduation from, the
student's program.
``(III) 200 percent of the normal time for
completion of, or graduation from, the
student's program.
``(IV) 300 percent of the normal time for
completion of, or graduation from, the
student's program.
``(iv) In making publicly available the percentages
described in this subparagraph, the Secretary shall
display each percentage in a consistent manner and with
equal visibility.''.
(b) Institutional and Financial Assistance Information for
Students.--Section 485(a) of the Higher Education Act of 1965 (20
U.S.C. 1092(a)) is amended--
(1) in paragraph (1), by striking subparagraph (L) and
inserting the following:
``(L) each completion or graduation rate for each type of
student and program described in clauses (i) and (ii) of
section 132(i)(1)(J);''; and
(2) in paragraph (3), by striking ``within 150 percent of
the normal time for completion of or graduation from the
program'' and inserting ``within the time for completion or
graduation described in section 132(i)(1)(J) applicable to such
student and such program''.
<all>
</pre></body></html>
|
[
"Education"
] |
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118S479
|
Fire Suppression and Response Funding Assurance Act
|
[
[
"P000145",
"Sen. Padilla, Alex [D-CA]",
"sponsor"
],
[
"S001198",
"Sen. Sullivan, Dan [R-AK]",
"cosponsor"
],
[
"F000062",
"Sen. Feinstein, Dianne [D-CA]",
"cosponsor"
],
[
"R000608",
"Sen. Rosen, Jacky [D-NV]",
"cosponsor"
],
[
"L000570",
"Sen. Lujan, Ben Ray [D-NM]",
"cosponsor"
],
[
"H001046",
"Sen. Heinrich, Martin [D-NM]",
"cosponsor"
]
] |
<p><strong>Fire Suppression and Response Funding Assurance</strong><strong> Act</strong></p> <p>This bill sets the federal cost share of fire management assistance at 75% of the eligible cost of such assistance and permits a state or local government to use such assistance for the predeployment of assets and resources.</p> <p>The Federal Emergency Management Agency (FEMA) must complete a rulemaking to provide criteria for the circumstances under which it may recommend that the President increase the federal cost share.</p>
|
<html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 479 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 479
To modify the fire management assistance cost share, and for other
purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
February 16, 2023
Mr. Padilla (for himself and Mr. Sullivan) introduced the following
bill; which was read twice and referred to the Committee on Homeland
Security and Governmental Affairs
_______________________________________________________________________
A BILL
To modify the fire management assistance cost share, and for other
purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Fire Suppression and Response
Funding Assurance Act''.
SEC. 2. FIRE MANAGEMENT ASSISTANCE COST SHARE AND ELIGIBLE ACTIVITIES.
(a) In General.--Section 420 of the Robert T. Stafford Disaster
Relief and Emergency Assistance Act (42 U.S.C. 5187) is amended--
(1) by redesignating subsection (e) as subsection (g); and
(2) by inserting after subsection (d) the following:
``(e) Federal Share.--The Federal share of assistance under this
section shall be not less than 75 percent of the eligible cost of such
assistance.
``(f) Eligible Expense.--A State or local government may use
assistance provided under this section for the predeployment of assets
and resources.''.
(b) Applicability.--The amendments made by subsection (a) shall
only apply to amounts appropriated on or after the date of enactment of
this Act.
SEC. 3. RULEMAKING.
Not later than 3 years after the date of enactment of this Act, the
President, acting through the Administrator of the Federal Emergency
Management Agency, shall conduct and complete a rulemaking to provide
criteria for the circumstances under which the Administrator may
recommend the President increase the Federal cost share for section 420
of the Robert T. Stafford Disaster Relief and Emergency Assistance Act
(42 U.S.C. 5187).
<all>
</pre></body></html>
|
[
"Emergency Management",
"Administrative law and regulatory procedures",
"Disaster relief and insurance",
"Federal Emergency Management Agency (FEMA)",
"Fires",
"Forests, forestry, trees",
"Natural disasters",
"State and local finance",
"State and local government operations"
] |
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"url": "https://www.cbo.gov/publication/59105"
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118S48
|
Community Mentors for Moms Act
|
[
[
"R000595",
"Sen. Rubio, Marco [R-FL]",
"sponsor"
]
] |
<p><strong>Community Mentors for Moms Act</strong></p> <p>This bill requires the Health Resources & Services Administration to make grants for demonstration projects that provide community-based maternal mentoring, which may include dedicated individual mentors and networks of peer and community support groups.</p>
|
<html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 48 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 48
To amend title V of the Social Security Act to establish a grant
program for community-based maternal mentoring programs.
_______________________________________________________________________
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 Finance
_______________________________________________________________________
A BILL
To amend title V of the Social Security Act to establish a grant
program for community-based maternal mentoring 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 ``Community Mentors for Moms Act''.
SEC. 2. GRANTS FOR COMMUNITY-BASED MATERNAL MENTORING PROGRAMS.
Title V of the Social Security Act (42 U.S.C. 701 et seq.) is
amended by adding at the end the following:
``SEC. 514. GRANTS FOR COMMUNITY-BASED MATERNAL MENTORING PROGRAMS.
``(a) In General.--In addition to any other payments made under
this title to a State, the Secretary shall make grants to eligible
entities to conduct demonstration projects for, and enable such
entities to deliver services under, community-based mentoring programs
that satisfy the requirements of subsection (c) to eligible mothers in
order to promote improvements in maternal and child well-being,
financial stewardship, child development, parenting, and access to
social services and other community resources.
``(b) Application.--The Secretary may not award funds made
available under this subsection on a noncompetitive basis, and may not
provide any such funds to an entity for the purpose of carrying out a
community-based mentoring program unless the entity has submitted an
application to the Secretary that includes--
``(1) a description of how the programs or activities
proposed in the application will improve maternal mental and
physical health outcomes in a service area identified by the
entity, substantially increase the number of eligible mothers
in a service area with access to a community-based mentoring
relationship, utilize community volunteer mentors, and
supplement, including by avoiding duplication with, existing
social services and community resources;
``(2) a description of how the program will partner with
other community institutions, including private institutions,
in identifying eligible mothers in need of a mentor and, as
applicable, creating support communities among eligible
mothers;
``(3) a description of the populations to be served by the
entity, including specific information on how the entity will
serve eligible mothers who belong to high-risk populations as
identified in subsection (d);
``(4) a description of the maternal and child health
indicators, financial well-being, and other needs of
populations to be served by the entity as described in
paragraph (3), including, to the extent practicable, the
prevalence of mentoring opportunities for such populations;
``(5) the quantifiable benchmarks that will be used to
measure program success;
``(6) a commitment by the entity to consult with experts
with a demonstrated history of mentoring and case management
success in achieving the outcomes described in subsection
(c)(2)(A) in developing the programs and activities;
``(7) a commitment by the entity to ensure mentors to not
refer or counsel in favor of abortions; and
``(8) such other application information as the Secretary
may deem necessary, with the goal of minimizing the application
burden on small nongovernmental organizations that would
otherwise qualify for the grant.
``(c) Requirements.--
``(1) Core components.--A community maternal mentoring
program conducted with a grant made under this section shall
include the following core components:
``(A) Provision of community-based mentoring
relationships for eligible mothers, which may include
dedicated individual mentors and networks of peer and
community support groups.
``(B) An individualized needs assessment for each
eligible mother participating in the program, to be
administered at the outset of the program.
``(C) Recruitment and utilization of community-
based, volunteer mentors.
``(D) Provision of training to participating
mentors to equip them with mentoring best practices and
knowledge of public and private resources available to
eligible mothers (including public social services).
``(2) Measurable improvements in benchmark areas.--
``(A) In general.--The eligible entity shall
establish, subject to the approval of the Secretary,
quantifiable, measurable 3- and 5-year benchmarks
demonstrating the program results in improvements for
eligible mothers participating in the program in the
following areas:
``(i) The number of eligible mothers in the
eligible entity's service area with access to a
community-based mentoring relationship.
``(ii) Improved maternal and child health,
including mental and behavioral health.
``(iii) Improved financial literacy.
``(iv) Improved family economic self-
sufficiency.
``(v) Improved coordination and referrals
for other community resources and supports,
including public and private resources.
``(B) Demonstration of improvement.--
``(i) Report to the secretary.--Not later
than 30 days after the end of the third year in
which the eligible entity conducts the program,
the entity shall submit to the Secretary a
report describing the program's results in the
areas specified in subparagraph (A).
``(ii) Improvement plan.--If the report
submitted to the Secretary fails to demonstrate
improvements in at least 3 of the areas
outlined in subparagraph (A), the eligible
entity shall develop and implement a plan to
improve outcomes in each of the areas specified
in subparagraph (A), subject to approval by the
Secretary.
``(iii) No improvement or failure to submit
report.--If, 1 year after an eligible entity
submits an improvement plan under clause (ii),
the Secretary determines that the entity has
failed to demonstrate any improvement in the
areas specified in subparagraph (A), or if the
Secretary determines that an eligible entity
has failed to submit the report required under
clause (i), and has not agreed to a reasonable
timeline to submit such report under such
conditions as may be determined by the
Secretary, the Secretary shall terminate the
entity's grant and may reallocate any unpaid
grant funds toward future grants provided under
this section.
``(3) Improvements in participant outcomes.--
``(A) In general.--The program is designed, with
respect to an eligible mother participating in the
program, to result in the participant outcomes
described in subparagraph (B) that are relevant to the
mother (as determined pursuant to an individualized
needs assessment administered to the mother).
``(B) Participant outcomes.--The participant
outcomes described in this subparagraph are the
following:
``(i) Improvements in prenatal and maternal
health, including mental and behavioral health
and improved pregnancy outcomes.
``(ii) Improvements in child health and
development, including the prevention of child
injuries and maltreatment.
``(iii) Higher levels of engagement between
mothers, children, and their health providers.
``(iv) Reductions in mothers' stress and
anxiety.
``(v) Improvements in parenting skills.
``(vi) Improvement in financial literacy
skills.
``(vii) Improvements in child's school
readiness and academic achievement.
``(viii) Improvements in family economic
self-sufficiency.
``(ix) Improvements in the coordination of
referrals for, and the provision of, other
community resources, including private and
public resources, and supports for eligible
families.
``(d) Prioritization.--An eligible entity receiving a grant under
this section shall identify and prioritize high-risk populations in
provision of services, including--
``(1) low-income eligible mothers;
``(2) eligible mothers who are pregnant women who have not
attained the age of 21;
``(3) eligible mothers from populations with a high risk of
maternal morbidity;
``(4) eligible mothers with a history of substance abuse or
victims of domestic abuse;
``(5) eligible mothers with children with developmental
disabilities; and
``(6) eligible mothers residing in a qualified opportunity
zone, as designated under section 1400Z-1 of the Internal
Revenue Code of 1986.
``(e) Maintenance of Effort.--Funds provided to an eligible entity
under a grant awarded under subsection (a) shall supplement, and not
supplant, funds from other sources for maternal mentorship or case
management services.
``(f) Evaluation.--
``(1) Ongoing research and evaluation.--The Secretary shall
engage in ongoing research and evaluation activities in order
to increase knowledge about the implementation and
effectiveness of community maternal mentoring programs. The
Secretary may carry out such activities directly, or through
grants, cooperative agreements, or contracts, and shall submit
a report to Congress not less than annually on the research and
evaluation steps being taken to measure the impact and
effectiveness of programs funded under this section, as well as
any interim outcomes that may be available.
``(2) Report requirement.--Not later than 3 years after the
date of enactment of this section, the Secretary shall submit a
report to Congress on the effectiveness of programs funded with
grants under subsection (a) in producing the outcomes described
in subsection (c)(3)(B), and shall include in such report
recommendations for improving program design and
implementation.
``(g) Technical Assistance.--The Secretary shall provide an
eligible entity required to develop and implement an improvement plan
under subsection (c)(2)(B) with technical assistance to develop and
implement the plan. The Secretary may provide the technical assistance
directly or through grants, contracts, or cooperative agreements.
``(h) No Funds to Prohibited Entities.--No prohibited entity shall
be eligible to receive a grant under subsection (a), or any other funds
made available by this section.
``(i) Protections for Participating Religious Organizations.--A
religious organization shall be eligible to apply for and receive
funding for a program under this section on the same basis as a non-
religious organization, and a religious organization's exemptions, in
title VII of the Civil Rights Act of 1964 (including exemption from
prohibitions in employment discrimination in section 702(a) of that Act
(42 U.S.C. 2000e-1(a))), title VIII of the Civil Rights Act of 1968,
title IX of the Educational Amendments of 1987, the Americans with
Disabilities Act, the Religious Freedom Restoration Act, the Religious
Land Use and Institutionalized Persons Act, or any other provision in
law providing an exemption for a religious organization, shall not be
waived by its participation in, or receipt of funds from, a grant
provided by this section.
``(j) Authorization of Appropriations.--
``(1) In general.--For purposes of carrying out this
section, there are authorized to be appropriated $100,000,000
for each of fiscal years 2024 through 2026.
``(2) Reservations.--Of the amounts appropriated under this
subsection for a fiscal year, the Secretary shall reserve 3
percent for purposes of carrying out subsections (f) and (g).
``(3) Availability.--Funds made available to an eligible
entity under this section shall remain available for
expenditure by the eligible entity through the end of the third
fiscal year following the fiscal year in which the funds are
awarded to the entity.
``(k) Definitions.--In this section:
``(1) Community-based mentoring relationship.--The term
`community-based mentoring relationship' means a relationship
with a dedicated mentor and, as applicable, group of mentors or
peer support group, who meet regularly with an eligible mother
and help that mother address barriers to care, mental,
behavioral, and physical well-being, and economic mobility by
providing support services and linkages to community resources.
A community-based mentoring relationship should, to the extent
practicable, have an understanding of the barriers and lived
experience of that community, which may include shared lived
experience.
``(2) Eligible entity.--The term `eligible entity' means a
local government, Indian Tribe (or a consortium of Indian
Tribes), Tribal Organization, Urban Indian Organization, or
nonprofit organization, including religious organizations, with
a demonstrated history of serving eligible mothers.
``(3) Eligible mother.--The term `eligible mother' means--
``(A) a woman who is pregnant; or
``(B) a woman who has primary caregiving
responsibilities for a child under the age of 6.
``(4) Prohibited entity.--The term `prohibited entity'
means an entity, including its affiliates, subsidiaries,
successors, and clinics that, as of the date of enactment of
this section, performs, induces, refers for, or counsels in
favor of abortions, or provides financial support to any other
organization that conducts such activities.''.
<all>
</pre></body></html>
|
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118S480
|
A bill to require the establishment of a working group to evaluate the threat to food safety and animal health posed by beef imported from Brazil, and for other purposes.
|
[
[
"T000464",
"Sen. Tester, Jon [D-MT]",
"sponsor"
],
[
"R000605",
"Sen. Rounds, Mike [R-SD]",
"cosponsor"
],
[
"L000570",
"Sen. Lujan, Ben Ray [D-NM]",
"cosponsor"
]
] |
<p>This bill requires the Department of Agriculture (USDA) to establish a working group to (1) evaluate the food safety and animal health threat posed by beef imported from Brazil, and (2) make recommendations regarding whether or not the importation of beef from Brazil should be permitted. The bill also suspends imports of beef from Brazil until the working group submits its recommendations to USDA. </p>
|
<html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 480 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 480
To require the establishment of a working group to evaluate the threat
to food safety and animal health posed by beef imported from Brazil,
and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
February 16, 2023
Mr. Tester (for himself, Mr. Rounds, and Mr. Lujan) introduced the
following bill; which was read twice and referred to the Committee on
Agriculture, Nutrition, and Forestry
_______________________________________________________________________
A BILL
To require the establishment of a working group to evaluate the threat
to food safety and animal health posed by beef imported from Brazil,
and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. WORKING GROUP ON BEEF IMPORTED FROM BRAZIL.
(a) Establishment of Working Group.--
(1) In general.--Not later than 120 days after the date of
the enactment of this Act, the Secretary of Agriculture shall
establish a working group--
(A) to evaluate the threat posed by beef and beef
products imported from Brazil to food safety and animal
health in the United States; and
(B) to make recommendations to the Secretary with
respect to whether the importation of beef and beef
products from Brazil into the United States should be
permitted.
(2) Membership.--The Secretary shall ensure that the
working group established under paragraph (1) includes--
(A) experts on food safety;
(B) experts on animal health; and
(C) representatives of U.S. Customs and Border
Protection and other Federal agencies with
responsibilities relating to international trade.
(b) Temporary Suspension of Imports.--Beef and beef products
imported from Brazil may not enter the United States during the
period--
(1) beginning on the date of the enactment of this Act; and
(2) ending on the date on which the working group
established under subsection (a)(1) submits to the Secretary
the recommendations required by subparagraph (B) of that
subsection.
<all>
</pre></body></html>
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|
118S481
|
Deterring Communist Chinese Aggression against Taiwan through Financial Sanctions Act of 2023
|
[
[
"S001217",
"Sen. Scott, Rick [R-FL]",
"sponsor"
],
[
"C001096",
"Sen. Cramer, Kevin [R-ND]",
"cosponsor"
]
] |
<html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 481 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 481
To impose sanctions to deter aggression by the People's Republic of
China against Taiwan, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
February 16, 2023
Mr. Scott of Florida (for himself and Mr. Cramer) introduced the
following bill; which was read twice and referred to the Committee on
Banking, Housing, and Urban Affairs
_______________________________________________________________________
A BILL
To impose sanctions to deter aggression by the People's Republic of
China against Taiwan, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Deterring Communist Chinese
Aggression against Taiwan through Financial Sanctions Act of 2023''.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) Taiwan is a self-governing polity with all the
attributes of a constitutional democratic republic and
consistently achieves exceedingly high scores from Freedom
House's Freedom in the World Index.
(2) Taiwan practices and enshrines in law a free market and
entrepreneurial economy and consistently achieves exceedingly
high scores in the Heritage Foundation's Index of Economic
Freedom.
(3) Taiwan's government and political culture cherish
individual rights and the protection of ethnic minorities, and
do so through respect for the rule of law.
(4) Taiwan's democracy, free market economy, and cultural,
industrial, and scientific achievements have made it a model
for the world as it contributes greatly to the peace,
prosperity, and well-being of the United States and all other
countries that trade and cooperate with Taiwan despite the
constraints on trade and cooperation resulting from the threats
and intimidation by the Communist Party of China against
countries that seek relations with Taiwan.
(5) Section 2(b) of the Taiwan Relations Act (22 U.S.C.
3301(b)) asserts that it is the policy of the United States--
(A) ``to declare that peace and stability in the
area are in the political, security, and economic
interests of the United States, and are matters of
international concern'';
(B) ``to make clear that the United States decision
to establish diplomatic relations with the People's
Republic of China rests upon the expectation that the
future of Taiwan will be determined by peaceful
means'';
(C) ``to consider any effort to determine the
future of Taiwan by other than peaceful means,
including by boycotts or embargoes, a threat to the
peace and security of the Western Pacific area and of
grave concern to the United States''; and
(D) ``to maintain the capacity of the United States
to resist any resort to force or other forms of
coercion that would jeopardize the security, or the
social or economic system, of the people on Taiwan''.
(6) The Chinese Communist Party, especially under the
leadership of General Secretary Xi Jinping, threatens Taiwan in
terms of national security, trade, and its relationships with
countries and international organizations.
(7) Such threats are designed to intimidate Taiwan into
submission to Communist Party rule and to cause other countries
and international organizations to shun Taiwan and cut off
relations with it.
(8) General Secretary Xi and the Communist Party have made
clear their intention to take Taiwan by force if they so
choose, and they demonstrate that intention with increased
provocative and dangerous actions threatening the peace against
Taiwan in the Taiwan Straits.
(9) Supporting Taiwan's defense against such increasingly
imminent threats is a vital interest of the United States for
the sake of the national security of the United States and
allies of the United States in the region, and the preservation
of democracy, free market economics, and the rules and norms of
the international order.
(10) The peace and stability of the entire Pacific region
and the countries in that region require that Taiwan not be
subjected to the rule of the Communist Party of China.
(11) The credibility of the avowal of the United States to
defend the principles of the United States and the principles
the international order is built upon require a policy that can
and will deter and thwart any attempt by the Communist Party of
China to dominate Taiwan by coercion.
SEC. 3. STATEMENT OF POLICY.
It is the policy of the United States to sever all financial
transactions between the United States and the People's Republic of
China, including any and all public or private entities in the People's
Republic of China, if the Government of the People's Republic of China
or any forces subject to the control of that Government--
(1) engage in armed aggression against Taiwan;
(2) invade the territory of Taiwan, including the mainland
of Taiwan and any territories under its control, without regard
to whether those territories are inhabited or not;
(3) blockade by sea or air the mainland of Taiwan or
territories under its control; or
(4) attempt to change the status of Taiwan or its
government by force or coercive actions.
SEC. 4. DEFINITIONS.
In this Act:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on Banking, Housing, and Urban
Affairs and the Committee on Finance of the Senate; and
(B) the Committee on Financial Services and the
Committee on Ways and Means of the House of
Representatives.
(2) Chinese military company.--The term ``Chinese military
company'' means an entity on the most recent list required to
be submitted under section 1260H of the William M. (Mac)
Thornberry National Defense Authorization Act for Fiscal Year
2021 (Public Law 116-283; 10 U.S.C. 113 note).
(3) Chinese person.--The term ``Chinese person'' means--
(A) an individual who is a citizen or national of
the People's Republic of China; or
(B) an entity organized under the laws of the
People's Republic of China or otherwise subject to the
jurisdiction of the Government of the People's Republic
of China.
(4) Financial institution.--The term ``financial
institution'' means a financial institution specified in
subparagraph (A), (B), (C), (D), (E), (F), (G), (H), (I), (J),
(K), (M), (N), (P), (R), (T), (Y), or (Z) of section 5312(a)(2)
of title 31, United States Code.
(5) Foreign financial institution.--The term ``foreign
financial institution'' has the meaning given that term in
section 1010.605 of title 31, Code of Federal Regulations (or
any corresponding similar regulation or ruling).
(6) Issuer; security.--The terms ``issuer'' and
``security'' have the meanings given those terms in section
3(a) of the Securities Exchange Act of 1934 (15 U.S.C. 78c).
(7) National securities exchange.--The term ``national
securities exchange'' means an exchange registered as a
national securities exchange in accordance with section 6 of
the Securities Exchange Act of 1934 (15 U.S.C. 78f).
(8) Triggering event.--The term ``triggering event'' means
any attempt by the Government of the People's Republic of China
or any forces subject to the control of that Government to
subject Taiwan to the control of the People's Republic of
China, including though any of the following acts:
(A) Engaging in armed aggression against Taiwan.
(B) Invading the territory of Taiwan, including the
mainland of Taiwan and any territories under its
control, without regard to whether those territories
are inhabited or not.
(C) Blockading by sea or air the mainland of Taiwan
or territories under its control.
(D) Attempting to change the status of Taiwan or
its government by force or coercive actions.
(9) United states person.--The term ``United States
person'' means--
(A) a United States citizen or an alien lawfully
admitted for permanent residence to the United States;
(B) an entity organized under the laws of the
United States or of any jurisdiction within the United
States, including a foreign branch of such an entity;
or
(C) any person in the United States.
SEC. 5. IMPOSITION OF SANCTIONS WITH RESPECT TO CHINESE PERSONS
RESPONSIBLE FOR AGGRESSION AGAINST TAIWAN.
(a) Initial Imposition of Sanctions.--On and after the date that is
30 days after a triggering event, the President shall impose the
sanctions described in subsection (b) with respect to any Chinese
person, including any senior official of the Government of the People's
Republic of China, that the President determines participates in a
triggering event.
(b) Sanctions Described.--The sanctions to be imposed with respect
to a person described in subsection (a) are the following:
(1) Blocking of property.--
(A) In general.--The President shall exercise all
of the powers granted by the International Emergency
Economic Powers Act (50 U.S.C. 1701 et seq.) to block
and prohibit all transactions in all property and
interests in property of the person if such property
and interests in property are in the United States,
come within the United States, or come within the
possession or control of a United States person.
(B) 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 subparagraph (A).
(2) Ineligibility for visas, admission, or parole.--
(A) Visas, admission, or parole.--In the case of an
alien, the alien shall be--
(i) inadmissible to the United States;
(ii) ineligible to receive a visa or other
documentation to enter the United States; and
(iii) otherwise ineligible to be admitted
or paroled into the United States or to receive
any other benefit under the Immigration and
Nationality Act (8 U.S.C. 1101 et seq.).
(B) Current visas revoked.--
(i) In general.--An alien described in
subparagraph (A) shall be subject to revocation
of any visa or other entry documentation
regardless of when the visa or other entry
documentation is or was issued.
(ii) Immediate effect.--A revocation under
clause (i) shall--
(I) take effect immediately; and
(II) cancel any other valid visa or
entry documentation that is in the
alien's possession.
(3) Exclusion of corporate officers.--The President shall
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.
(4) 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--
(A) the Export Control Reform Act of 2018 (50
U.S.C. 4801 et seq.); or
(B) 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.
(5) Inclusion on entity list.--The President shall include
the entity on the entity list maintained by the Bureau of
Industry and Security of the Department of Commerce and set
forth in Supplement No. 4 to part 744 of the Export
Administration Regulations, for activities contrary to the
national security or foreign policy interests of the United
States.
(6) Ban on investment in equity or debt of sanctioned
person.--The President shall, pursuant to such regulations or
guidelines as the President may prescribe, prohibit any United
States person from investing in or purchasing equity or debt
instruments of the person.
(7) Banking transactions.--The President shall, 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.
(8) Correspondent and payable-through accounts.--In the
case of a foreign financial institution, the President may
prohibit the opening, and prohibit or impose strict conditions
on the maintaining, in the United States of a correspondent
account or a payable-through account by the foreign financial
institution.
(c) Exceptions.--
(1) Exception for intelligence, law enforcement, and
national security activities.--Sanctions under this section
shall not apply to any authorized intelligence, law
enforcement, or national security activities of the United
States.
(2) Compliance with united nations headquarters
agreement.--Paragraphs (2) and (3) of subsection (b) shall not
apply with respect to the admission of an alien to the United
States if such admission is necessary to permit the United
States to comply with the Agreement regarding the Headquarters
of the United Nations, signed at Lake Success, June 26, 1947,
and entered into force, November 21, 1947, between the United
Nations and the United States.
(d) Definitions.--In this section:
(1) Account; correspondent account; payable-through
account.--The terms ``account'', ``correspondent account'', and
``payable-through account'' have the meanings given those terms
in section 5318A of title 31, United States Code.
(2) Admission; admitted; alien.--The terms ``admission'',
``admitted'', and ``alien'' have the meanings given those terms
in section 101 of the Immigration and Nationality Act (8 U.S.C.
1101).
SEC. 6. PROHIBITION ON LISTING OF CHINESE ENTITIES ON UNITED STATES
SECURITIES EXCHANGES.
(a) In General.--The Securities and Exchange Commission shall
prohibit the securities of an issuer described in subsection (b) from
being traded on a national securities exchange on or after the date
that is 60 days after a triggering event.
(b) Issuers Described.--An issuer described in this subsection is
an issuer that is--
(1) a Chinese person;
(2) owned or controlled by a Chinese person; or
(3) a successor entity to a person described in paragraph
(1) or (2).
SEC. 7. PROHIBITION ON TRANSACTIONS IN SECURITIES OF CHINESE MILITARY
COMPANIES.
(a) In General.--Beginning on the date that is 60 days after a
triggering event, any transaction by any United States person or within
the United States in any security of an issuer described in subsection
(b), or any instrument that is derivative of or designed to provide
investment exposure to any such security, is prohibited.
(b) Issuers Described.--An issuer described in this subsection (b)
is an issuer that is--
(1) a Chinese military company;
(2) owned or controlled by a Chinese military company; or
(3) a successor entity to a Chinese military company.
SEC. 8. PROHIBITION ON TRANSACTIONS WITH CERTAIN CHINESE SOFTWARE
COMPANIES.
(a) In General.--Beginning on the date that is 30 days after a
triggering event, any transaction by a United States person or within
the United States with any person described in subsection (b) is
prohibited.
(b) Persons Described.--A person described in this subsection is a
person that--
(1) the Secretary of Commerce determines develops or
controls a software application described in subsection (c); or
(2) is owned or controlled by a person described in
paragraph (1).
(c) Software Applications Specified.--A software application
described in this subsection is any of the following:
(1) Alipay.
(2) CamScanner.
(3) QQ Wallet.
(4) SHAREit.
(5) Tencent QQ.
(6) VMate.
(7) WeChat Pay.
(8) WPS Office.
(9) Any other connected software application--
(A) providing digital e-wallet platforms or digital
financial messaging systems;
(B) developed or operated by a Chinese person; and
(C) determined by the Secretary of Commerce to pose
an unacceptable risk to the national security, foreign
policy, or economy of the United States.
(d) Connected Software Application Defined.--In this section, the
term ``connected software application'' means software, a software
program, or group of software programs, designed--
(1) to be used by an end user on an end-point computing
device and to collect, process, or transmit data via the
internet as an integral part of its functionality; or
(2) to facilitate international financial transactions,
digital e-wallet services, digital currency transactions,
mobile payments, or international financial messaging services.
SEC. 9. IMPOSITION OF SANCTIONS WITH RESPECT TO INTERNATIONAL FINANCIAL
MESSAGING SYSTEMS.
If, on or after the date that is 60 days after the triggering
action, a global financial communications services provider has not
terminated the provision of financial communications services to, and
the enabling and facilitation of access to such services for, the
Central Bank of China and any foreign financial institution subject to
sanctions under this Act, the President shall impose sanctions pursuant
to the International Emergency Economic Powers Act (50 U.S.C. 1701 et
seq.) with respect to the financial communications services provider
and the directors of, and shareholders with a significant interest in,
the provider.
SEC. 10. PROHIBITION ON TRANSACTIONS RELATING TO DIGITAL CURRENCY
ISSUED BY THE PEOPLE'S REPUBLIC OF CHINA.
Any transaction by a United States person or within the United
States related to, providing financing for, and otherwise dealing in,
any digital currency, digital coin, or digital token, that was issued
by, for, or on behalf of the Government of the People's Republic of
China on or after the date that is 30 days after a triggering event, is
prohibited.
SEC. 11. IMPLEMENTATION; PENALTIES.
(a) Implementation.--The President shall 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 Act.
(b) Penalties.--A person that violates, attempts to violate,
conspires to violate, or causes a violation of this Act or any
regulation, license, or order issued to carry out this Act 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.
SEC. 12. EXCEPTION RELATING TO IMPORTATION OF GOODS.
(a) In General.--The authority or a requirement to impose sanctions
or a prohibition under this Act shall not include the authority or a
requirement to impose sanctions or a prohibition on the importation of
goods.
(b) Good Defined.--In this section, the term ``good'' means any
article, natural or manmade substance, material, supply, or
manufactured product, including inspection and test equipment, and
excluding technical data.
<all>
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118S482
|
Klamath Power and Facilities Agreement Support Act
|
[
[
"W000779",
"Sen. Wyden, Ron [D-OR]",
"sponsor"
],
[
"M001176",
"Sen. Merkley, Jeff [D-OR]",
"cosponsor"
]
] |
<p><b>Klamath Power and Facilities Agreement Support Act</b></p> <p>This bill addresses projects in the Klamath River Basin in Oregon and California.</p> <p> The Bureau of Reclamation must support lowering the Klamath Irrigation District's net delivered power cost through certain agreements (e.g., an agreement with the Bonneville Power Administration).</p> <p>Further, Reclamation may enter into contracts and agreements with state and local governments, tribes, and private parties to plan, construct, operate, and maintain projects in the basin watershed to include</p> <ul> <li> facilities to reduce fish entrainment (i.e., the transport of fish along the flow of water, out of their normal habitat and into unnatural or harmful environments);</li> <li>projects that reduce or avoid impacts on aquatic resources caused by diversion of water for irrigation; and</li> <li>projects that restore basin watershed habitats, including tribal fishery resources held in trust.</li> </ul> <p>The bill also authorizes Reclamation to pay for a portion of the operation and maintenance costs of an irrigation pumping plant in Tulelake, California. It also provides for contracts to cover certain costs involved with the replacement of the C-Canal flume within the Klamath Project. </p> <p>Further, the bill provides statutory authorization for Reclamation to implement a 2016 agreement to take ownership and operation of the Keno Dam and operation of the Link River Dam.</p>
|
<html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 482 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 482
To amend the Klamath Basin Water Supply Enhancement Act of 2000 to
provide the Secretary of the Interior with certain authorities with
respect to projects affecting the Klamath Basin watershed, and for
other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
February 16, 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 amend the Klamath Basin Water Supply Enhancement Act of 2000 to
provide the Secretary of the Interior with certain authorities with
respect to projects affecting the Klamath Basin watershed, and for
other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Klamath Power and Facilities
Agreement Support Act''.
SEC. 2. KLAMATH PROJECT WATER AND POWER.
(a) Addressing Water, Power, and Facilities Management for
Irrigation.--Section 4 of the Klamath Basin Water Supply Enhancement
Act of 2000 (Public Law 106-498; 114 Stat. 2221; 132 Stat. 3886; 134
Stat. 976) is amended--
(1) in subsection (b), by striking paragraph (1) and
inserting the following:
``(1) In general.--Subject to appropriations and required
environmental reviews, the Secretary is authorized to carry out
activities, including entering into a contract or making
financial assistance available through cooperative agreements
or other methods, to plan, implement, and administer programs,
including conservation and efficiency measures, land idling,
and use of groundwater, to align water supplies and demand for
irrigation water users associated with the Klamath Project,
with a primary emphasis on programs developed or endorsed by
local entities comprised of representatives of those water
users.'';
(2) in subsection (c), by adding at the end the following:
``(2) Implementation.--
``(A) In general.--Beginning not later than 180
days after the date of enactment of the Klamath Power
and Facilities Agreement Support Act, the Secretary
shall, through 1 or more cooperative agreements,
financial assistance agreements, or other methods,
implement, or support the implementation of, the
recommendations identified in the report described in
paragraph (1) that the Secretary determines would lead
to bringing the net delivered power cost for covered
power use to an amount that is the same as, or less
than, the power cost benchmark, subject to the
availability of appropriations, on the fastest timeline
practicable, with respect to near- and long-term
actions.
``(B) Requirement.--The implementation of
recommendations under subparagraph (A) shall be carried
out in accordance with--
``(i) the report submitted under paragraph
(1); and
``(ii) any reports submitted under
paragraph (3).
``(3) Additional reports.--Not later than April 30, 2025,
and every 5 years thereafter, the Secretary shall submit to
each committee described in the matter preceding subparagraph
(A) of paragraph (1) a report that describes--
``(A) any progress toward meeting the requirements
of this subsection; and
``(B) any modifications or updates to the actions
recommended under paragraph (1)(B).''; and
(3) by adding at the end the following:
``(d) Restoration Activities.--The Secretary may--
``(1) plan, design, construct, operate, and maintain
projects in the Klamath Basin watershed, including--
``(A) facilities to reduce fish entrainment;
``(B) projects that reduce or avoid impacts on
aquatic resources of facilities involved in the storage
or diversion of water for irrigation in the Klamath
Project service area; and
``(C) projects that restore habitats in the Klamath
Basin watershed, including Tribal fishery resources
held in trust;
``(2) undertake studies, including feasibility studies, and
improvements that the Secretary determines to be necessary to
implement this subsection;
``(3) in implementing this subsection, enter into
contracts, memoranda of understanding, financial assistance
agreements, cost-sharing agreements, or other appropriate
agreements with--
``(A) State, Tribal, and local governmental
agencies; and
``(B) private parties; and
``(4) accept and expend non-Federal funds in order to
facilitate implementation of this subsection.
``(e) Goals.--The goals of activities under subsections (b) and (d)
shall include, as applicable--
``(1) the short-term and long-term reduction and resolution
of conflicts relating to water in the Klamath Basin watershed;
and
``(2) compatibility and utility for protecting natural
resources throughout the Klamath Basin watershed, including the
protection, preservation, and restoration of Klamath River
Tribal fishery resources, particularly through collaboratively
developed agreements.
``(f) Pumping Plant D.--The Secretary may enter into 1 or more
agreements with the Tulelake Irrigation District to reimburse the
Tulelake Irrigation District for not more than 69 percent of the cost
incurred by the Tulelake Irrigation District for the operation and
maintenance of Pumping Plant D, subject to the condition that the cost
results in benefits to the United States.
``(g) Keno and Link River Dams.--The Secretary shall comply with
the terms of the agreement entitled `2016 Klamath Power and Facilities
Agreement', including Attachment A to the agreement.
``(h) Replacement of C Canal Flume.--
``(1) In general.--The replacement of the C Canal flume
within the Klamath Project shall be considered to be, and shall
receive the treatment authorized for, qualified emergency
extraordinary operation and maintenance work in accordance with
Federal reclamation law (the Act of June 17, 1902 (32 Stat.
388, chapter 1093), and Acts supplemental to and amendatory of
that Act (43 U.S.C. 371 et seq.)).
``(2) Contract.--
``(A) In general.--Not later than 180 days after
the date of receipt of a request from the Klamath
Irrigation District to enter into a contract with the
Klamath Irrigation District to amend the contract
numbered 16-WC-20-4838, the Secretary shall enter into
a contract with the Klamath Irrigation District
providing that--
``(i) 35 percent of the total repayment
obligation under the contract entered into
under this subparagraph is nonreimbursable to
the United States; and
``(ii) 65 percent of the total repayment
obligation under the contract entered into
under this subparagraph shall be repaid to the
United States over a period of 50 years.
``(B) Inclusion.--Although the Secretary shall not
condition the agreement to the contract entered into
under subparagraph (A) on any other term, the contract
may include other terms that are not less favorable to
the contractor than contract numbered 16-WC-20-4838.''.
(b) Administration; Effect.--
(1) Compliance.--In implementing the amendments made by
this section, the Secretary of the Interior shall comply with--
(A) the National Environmental Policy Act of 1969
(42 U.S.C. 4321 et seq.);
(B) the Endangered Species Act of 1973 (16 U.S.C.
1531 et seq.); and
(C) all other applicable laws.
(2) Effect.--None of the amendments made by this section--
(A) modify any authority or obligation of the
United States with respect to any Tribal trust or
treaty obligation of the United States;
(B)(i) create or determine any water right; or
(ii) affect any water right or water right claim in
existence on the date of enactment of this Act; or
(C) authorize the use of Federal funds for the
physical deconstruction of the Iron Gate, Copco 1,
Copco 2, or John C. Boyle Dam located on the Klamath
River in the States of California and Oregon.
<all>
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118S483
|
Internet PACT Act
|
[
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"S001194",
"Sen. Schatz, Brian [D-HI]",
"sponsor"
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[
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"Sen. Thune, John [R-SD]",
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[
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[
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[
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[
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"Sen. Cassidy, Bill [R-LA]",
"cosponsor"
],
[
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"Sen. Capito, Shelley Moore [R-WV]",
"cosponsor"
],
[
"H000273",
"Sen. Hickenlooper, John W. [D-CO]",
"cosponsor"
]
] |
<html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 483 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 483
To require transparency, accountability, and protections for consumers
online.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
February 16, 2023
Mr. Schatz (for himself, Mr. Thune, Ms. Baldwin, Mr. Barrasso, Mr.
Lujan, Mr. Cassidy, Mrs. Capito, and Mr. Hickenlooper) introduced the
following bill; which was read twice and referred to the Committee on
Commerce, Science, and Transportation
_______________________________________________________________________
A BILL
To require transparency, accountability, and protections for consumers
online.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Internet Platform Accountability and
Consumer Transparency Act'' or the ``Internet PACT Act''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Commission.--Except as otherwise provided, the term
``Commission'' means the Federal Trade Commission.
(2) Demonetize.--The term ``demonetize'', with respect to
content on an interactive computer service, means to take
action to prohibit the information content provider that
generated or disseminated the content from receiving direct
financial compensation from the interactive computer service
provider based on the content.
(3) Deprioritize.--The term ``deprioritize'', with respect
to content on an interactive computer service, means to take
affirmative, content-specific action to reduce the priority
level of the content.
(4) Illegal activity.--The term ``illegal activity'' means
activity conducted by an information content provider that has
been determined by a trial or appellate Federal or State court
to violate Federal criminal or civil law.
(5) Illegal content.--The term ``illegal content'' means
information provided by an information content provider that
has been determined by a trial or appellate Federal or State
court to violate--
(A) Federal criminal or civil law; or
(B) State defamation law.
(6) Individual provider.--The term ``individual provider''
means a provider of an interactive computer service that,
during the most recent 12-month period--
(A) received fewer than 100,000 unique monthly
visitors; and
(B) accrued revenue of less than $1,000,000.
(7) Information content provider.--The term ``information
content provider'' has the meaning given the term in section
230 of the Communications Act of 1934 (47 U.S.C. 230).
(8) Interactive computer service.--The term ``interactive
computer service'' has the meaning given the term in section
230 of the Communications Act of 1934 (47 U.S.C. 230).
(9) Potentially policy-violating content.--The term
``potentially policy-violating content'' means content that may
violate the acceptable use policy of the provider of an
interactive computer service.
(10) Small business provider.--The term ``small business
provider'' means a provider of an interactive computer service
that is not an individual provider and, during the most recent
12-month period--
(A) received fewer than 1,000,000 unique monthly
visitors; and
(B) accrued revenue of less than $50,000,000.
SEC. 3. FINDINGS.
Congress finds the following:
(1) Technological advancements involving the internet and
interactive computer service providers have led to innovations
that offer substantial benefit to the people and the economy of
the United States.
(2) People in the United States increasingly rely on
interactive computer services to communicate, gather
information, and conduct transactions that are central to our
economic, political, social, and cultural life.
(3) The content moderation decisions made by providers of
interactive computer services shape the online information
ecosystem available to people in the United States and impact
free expression.
(4) There is a compelling government interest in having
providers of interactive computer services provide information
to the public about their content moderation policies and
practices because of the impact those policies may have on the
speech interests of their consumers.
(5) The people of the United States benefit from
transparent information about the decisions interactive
computer service providers make regarding their content
moderation practices, including removing, maintaining,
blocking, amplifying, prioritizing, or deprioritizing
information provided by other consumers.
(6) The Federal Government should hold interactive computer
service providers accountable when they fail to respond to
consumers' concerns about their content moderation decisions.
(7) Federal and State court decisions and Federal statutes
and regulations that apply to offline commerce do not always
govern online commerce and communications.
(8) The rights of consumers should extend to online
commerce and communications to provide a level playing field
for all consumers and companies, and to prevent wrongdoing and
victimization of people in the United States.
SEC. 4. POLICY.
It is the policy of the United States--
(1) to preserve the internet and other interactive computer
services as forums for diversity of political discourse,
opportunities for cultural development, and places for
intellectual and commercial activity;
(2) to ensure consumers have accessible and clear
information about the acceptable use policies of interactive
computer service providers so that consumers are informed about
the content moderation policies and practices of those
providers when they participate in, or engage with, those
services;
(3) to create accountability and transparency measures to
diminish the likelihood that interactive computer service
providers are engaging in unfair or deceptive practices;
(4) to encourage the development and use of technologies
that minimize illegal activities and content and potentially
policy-violating content;
(5) to ensure that the consumer rights of users of
interactive computer services are maintained and extended to
activities that the users may participate in online; and
(6) to hold interactive computer service providers
accountable, and exempt them from immunity protections under
section 230 of the Communications Act of 1934 (commonly known
as ``section 230 of the Communications Decency Act of 1996'')
(47 U.S.C. 230), when they help develop illegal content or
contribute to illegal content or conduct online.
SEC. 5. TRANSPARENCY AND PROCESS REQUIREMENTS.
(a) Acceptable Use Policy.--
(1) Publication of acceptable use policy.--A provider of an
interactive computer service shall publish an acceptable use
policy in accordance with paragraph (2) in a location that is
easily accessible to the user.
(2) Contents of policy.--The acceptable use policy of a
provider of an interactive computer service shall--
(A) reasonably inform users about the types of
content that are allowed on the interactive computer
service;
(B) explain the steps the provider takes to ensure
content complies with the acceptable use policy;
(C) explain the means by which users can notify the
provider of potentially policy-violating content,
illegal content, or illegal activity, which shall
include--
(i) subject to subsection (e), making
available a live company representative through
a toll-free telephone number during regular
business hours for not fewer than 8 hours per
day and 5 days per week to assist users with
the process of making a complaint;
(ii) an email address or relevant intake
mechanism to handle user complaints; and
(iii) subject to subsection (e), a
complaint system described in subsection (b);
and
(D) include publication of a biannual transparency
report outlining actions taken to enforce the policy,
as described in subsection (d).
(b) Complaint System.--Subject to subsection (e), a provider of an
interactive computer service shall provide a system that is easily
accessible to a user through which the user may submit in good faith,
and track, a complaint regarding any content or activity on the
interactive computer service, including a complaint regarding--
(1) potentially policy-violating content, illegal content,
or illegal activity; or
(2) a decision of the interactive computer service provider
to remove content posted by the information content provider.
(c) Processing of Complaints.--
(1) Complaints regarding illegal content, illegal activity,
or potentially policy-violating content.--
(A) Illegal content or illegal activity.--
(i) In general.--Subject to subsection (e),
and except as provided in clause (ii), if a
provider of an interactive computer service
receives notice of illegal content or illegal
activity on the interactive computer service
that substantially complies with the
requirements under paragraph (3)(C)(ii) of
section 230(c) of the Communications Act of
1934 (47 U.S.C. 230(c)), as added by section
6(a), the provider shall remove the content or
stop the activity not later than 4 days after
receiving the notice, subject to reasonable
exceptions, including concerns about the
legitimacy of the notice.
(ii) Timeline for notice emanating from
default judgments and stipulated agreements.--
If a notice of illegal content or illegal
activity described in clause (i) emanates from
a default judgment or stipulated agreement,
that clause shall be applied by substituting
``10 days'' for ``4 days''.
(B) Potentially policy-violating content.--Subject
to subsection (e), if a provider of an interactive
computer service receives a complaint made in good
faith through the complaint system of the provider
established under subsection (b) regarding potentially
policy-violating content on the interactive computer
service, the provider shall, not later than 14 days
after receiving the complaint--
(i) review the content;
(ii) determine whether the content adheres
to the acceptable use policy of the provider;
and
(iii) initiate appropriate steps based on
the determination made under clause (ii),
subject to reasonable extensions in cases
requiring extraordinary investigation.
(2) Process after removal of content.--
(A) Removal based on user complaint.--
(i) In general.--Subject to clause (ii), if
a provider of an interactive computer service
removes potentially policy-violating content
based on a user complaint, the provider of the
interactive computer service shall,
concurrently with the removal--
(I) notify the information content
provider and the complainant of the
removal and explain why the content was
removed;
(II) allow the information content
provider to appeal the decision; and
(III) notify the information
content provider and the complainant
of--
(aa) the determination
regarding the appeal under
subclause (II); and
(bb) in the case of a
reversal of the decision to
remove the content in question,
the reason for the reversal.
(ii) Exceptions.--A provider of an
interactive computer service shall not be
required to provide an information content
provider with notice or an opportunity to
appeal under clause (i) if--
(I) the provider of the interactive
computer service is unable to contact
the information content provider after
taking reasonable steps to do so; or
(II)(aa) the provider of the
interactive computer service reasonably
believes that such notice would risk
imminent harm to any person or impede
law enforcement activities; or
(bb) a law enforcement agency,
based on a reasonable belief that such
notice would interfere with an ongoing
investigation, requests that the
provider of the interactive computer
service not provide such notice.
(B) Removal based on moderation decisions of
interactive computer service provider.--If a provider
of an interactive computer service receives notice,
through a complaint from the information content
provider, that the provider of the interactive computer
service removed content of the information content
provider that the information content provider believes
does not violate the acceptable use policy of the
provider of the interactive computer service, the
provider of the interactive computer service shall, not
later than 14 days after receiving notice--
(i) review the content;
(ii) determine whether the content adheres
to the acceptable use policy of the provider of
the interactive computer service;
(iii) take appropriate steps based on the
determination made under clause (ii); and
(iv) notify the information content
provider regarding the determination made under
clause (ii) and steps taken under clause (iii).
(d) Biannual Transparency Report.--
(1) In general.--Subject to subsection (e), as part of the
acceptable use policy required under subsection (a), a provider
of an interactive computer service shall publish a transparency
report every 6 months in accordance with this subsection.
(2) Requirements.--A provider of an interactive computer
service shall include in the transparency report required under
paragraph (1)--
(A) the total number of unique monthly visitors to
the interactive computer service during the preceding
6-month and 12-month periods;
(B) the number of instances during the preceding 6-
month period in which illegal content, illegal
activity, or potentially policy-violating content was
flagged--
(i) due to a complaint by a user of the
interactive computer service;
(ii) internally, by--
(I) an employee or contractor of
the provider; or
(II) an internal automated
detection tool, not including content
or activity identified as--
(aa) spam; or
(bb) fraudulent activity;
or
(iii) by another type of entity, such as a
government agency, third-party researcher, or
other provider of an interactive computer
service;
(C) the number of instances during the preceding 6-
month period in which the interactive computer service
provider took action with respect to illegal content,
illegal activity, or known potentially policy-violating
content due to its nature as illegal content, illegal
activity, or known potentially policy-violating
content, respectively, and the type of action taken,
including the number of instances of content removal,
content demonetization, content deprioritization,
appending content with an assessment, account
suspension, account removal, or any other action taken
in accordance with the acceptable use policy of the
provider, categorized by--
(i) the category of rule violated, with
respect to the acceptable use policy;
(ii) the source of the flag, including
government, user, internal automated detection
tool, coordination with other interactive
computer service providers, or personnel
employed or contracted for by the provider;
(iii) the country of the information
content provider; and
(iv) whether the action was in response to
a coordinated campaign, as determined by the
interactive computer service provider;
(D) the number of instances during the preceding 6-
month period in which the interactive computer service
provider decided to not take action under subsection
(c)(1)(B)(iii) with respect to content that violated
the acceptable use policy of the provider;
(E)(i) the number of instances during the preceding
6-month period in which an information content provider
appealed a decision to remove potentially policy-
violating content; and
(ii) the percentage of appeals described in clause
(i) that resulted in the restoration of content;
(F) a descriptive summary of the kinds of tools,
practices, actions, and techniques used during the
preceding 6-month period in enforcing the acceptable
use policy of the interactive computer service provider
that does not jeopardize the effectiveness of these
tools; and
(G) any other information with respect to the
preceding 6-month period that would enhance the
effectiveness of the transparency report, as determined
by the interactive computer service provider.
(3) Privacy.--An interactive computer service provider
shall publish the transparency report under paragraph (1) in a
manner that preserves the privacy of information content
providers.
(4) Format.--A provider of an interactive computer service
shall publish the information described in paragraph (2) with
an open license, in a machine-readable and open format, and in
a location that is easily accessible to consumers.
(e) Individual and Small Business Provider Exemptions.--
(1) Individual providers.--The following provisions shall
not apply to an individual provider:
(A) Clauses (i) and (iii) of subsection (a)(2)(C)
(relating to a live company representative and a
complaint system, respectively).
(B) Subsection (b) (relating to a complaint
system).
(C) Paragraphs (1)(B) and (2) of subsection (c)
(relating to processing complaints regarding
potentially policy-violating content and the process
after removal of such content, respectively).
(D) Subsection (d) (relating to a transparency
report).
(2) Small business providers.--
(A) In general.--The following provisions shall not
apply to a small business provider:
(i) Subsection (a)(2)(C)(i) (relating to a
live company representative).
(ii) Subsection (d) (relating to a
transparency report).
(B) Deadline for processing complaints regarding
potentially policy-violating content.--Subsection
(c)(1)(B) shall be applied to a small business provider
by substituting ``21 days'' for ``14 days''.
(f) Internet Infrastructure Service Exemption.--Subsections (a)
through (e) shall not apply to--
(1) a provider of an interactive computer service that is
used by another interactive computer service for the
management, control, or operation of that other interactive
computer service, including for services such as web hosting,
domain registration, content delivery networks, caching,
security, back-end data storage, and cloud management; or
(2) a provider of broadband internet access service, as
that term is defined in section 8.1(b) of title 47, Code of
Federal Regulations (or any successor regulation).
(g) Enforcement by Commission.--
(1) Unfair or deceptive acts or practices.--
(A) In general.--A violation of subsection
(c)(1)(B), (c)(2), or (d) shall be treated as a
violation of a rule defining an unfair or deceptive act
or practice under section 18(a)(1)(B) of the Federal
Trade Commission Act (15 U.S.C. 57a(a)(1)(B)).
(B) Limitation on authority.--Nothing in
subparagraph (A) shall be construed to supersede
paragraph (1) or (2) of section 230(c) of the
Communications Act of 1934 (47 U.S.C. 230(c)) or to
otherwise authorize the Commission to review any action
or decision by a provider of an interactive computer
service related to the application of the acceptable
use policy of the provider.
(2) Powers of commission.--
(A) In general.--Except as provided in subparagraph
(C), the Commission shall enforce this section in the
same manner, by the same means, and with the same
jurisdiction, powers, and duties as though all
applicable terms and provisions of the Federal Trade
Commission Act (15 U.S.C. 41 et seq.) were incorporated
into and made a part of this Act.
(B) Privileges and immunities.--Except as provided
in subparagraph (C), any person who violates this
section shall be subject to the penalties and entitled
to the privileges and immunities provided in the
Federal Trade Commission Act (15 U.S.C. 41 et seq.).
(C) Nonprofit organizations.--Notwithstanding
section 4 of the Federal Trade Commission Act (15
U.S.C. 44) or any jurisdictional limitation of the
Commission, the Commission shall also enforce this
section, in the same manner provided in subparagraphs
(A) and (B) of this paragraph, with respect to
organizations not organized to carry on business for
their own profit or that of their members.
(h) No Effect on Other Laws.--Nothing in this section shall impair,
limit, expand, or otherwise affect the scope or application of--
(1) rule 65 of the Federal Rules of Civil Procedure;
(2) section 1651 of title 28, United States Code (commonly
known as the ``All Writs Act''); or
(3) any law pertaining to intellectual property,
including--
(A) title 17, United States Code; and
(B) 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
``Trademark Act of 1946'' or the ``Lanham Act'') (15
U.S.C. 1051 et seq.).
(i) GAO Report on Whistleblower Protection and Awards.--Not later
than 1 year after the date of enactment of this Act, the Comptroller
General of the United States shall submit a report to Congress
assessing the viability, including the anticipated cost and benefit to
consumers, of establishing a whistleblower protection and award program
for employees and contractors of interactive computer services, to be
administered by the Commission, that would enable reporting and
enforcement of violations of consumer protections that take place
online.
(j) NIST Voluntary Framework.--
(1) In general.--Not later than 18 months after the date of
enactment of this Act, the Director of the National Institute
of Standards and Technology shall develop a voluntary
framework, with input from relevant experts, that consists of
nonbinding standards, guidelines, and best practices to manage
risk and shared challenges related to, for the purposes of this
Act, good faith moderation practices by interactive computer
service providers.
(2) Contents.--The framework developed under paragraph (1)
shall include--
(A) technical standards and processes for the
sharing of information among providers of an
interactive computer service;
(B) recommendations on automated detection tools
and the appropriate nature and level of human review to
correct for machine error in assessing nuanced or
context-specific issues;
(C) standards and processes for providing
researchers access to data to conduct scientific,
historical, statistical, and other relevant research,
including with respect to content that is removed,
demonetized, or deprioritized by the provider of an
interactive computer service; and
(D) methods to strengthen the capacity of a
provider of an interactive computer service to
authenticate documentation of a determination by a
court that content or an activity violates Federal law
or State defamation law.
SEC. 6. PROTECTION EXEMPTIONS.
(a) Exemption From Liability Protection.--Section 230(c) of the
Communications Act of 1934 (47 U.S.C. 230(c)) is amended by adding at
the end the following:
``(3) Protection exemption.--
``(A) In general.--Subject to subparagraph (B), the
protection under paragraph (1) shall not apply to a
provider of an interactive computer service, with
respect to illegal content shared or illegal activity
occurring on the interactive computer service, if the
provider--
``(i) has actual knowledge of the illegal
content or illegal activity; and
``(ii) does not remove the illegal content
or stop the illegal activity--
``(I) within 4 days of acquiring
that knowledge, subject to reasonable
exceptions based on concerns about the
legitimacy of the notice; or
``(II) if the knowledge is acquired
from a notice that emanates from a
default judgment or stipulated
agreement--
``(aa) within 10 days of
acquiring that knowledge; or
``(bb) if the provider
seeks to vacate the default
judgment or stipulated
agreement under subparagraph
(B)(i)(III) and the proceeding
initiated under that
subparagraph results in a
determination that the default
judgment or stipulated
agreement should remain intact,
within 24 hours of that
determination.
``(B) Notice emanating from default judgment or
stipulated agreement.--
``(i) Vacatur of default judgment or
stipulated agreement.--Subparagraph (A) shall
not apply to a provider of an interactive
computer service if--
``(I) a notice of illegal content
or illegal activity described in that
subparagraph emanates from a default
judgment or stipulated agreement;
``(II) the notice described in
subclause (I) does not include a sworn
affidavit with sufficient evidence to
constitute a prima facie showing in
support of each underlying cause of
action upon which the default judgment
or stipulated agreement was obtained;
``(III) not later than 10 days
after receiving the notice, the
interactive computer service provider
files, in good faith, to intervene and
seek to vacate the default judgment or
stipulated agreement in the court in
which the judgment was obtained; and
``(IV) the proceeding initiated
under subclause (III) results in
vacatur of the default judgment or
stipulated agreement.
``(ii) Costs and fees.--If the proceeding
initiated under clause (i)(III) results in a
determination that the default judgment or
stipulated agreement was sought fraudulently,
the provider of the interactive computer
service may seek reimbursement of costs and
fees relating to the proceeding.
``(C) Notice of illegal content or illegal
activity.--
``(i) In general.--A provider of an
interactive computer service shall be deemed to
have actual knowledge of illegal content or
illegal activity for purposes of subparagraph
(A) only if the provider receives notice of
such content or activity that substantially
complies with the requirements under clause
(ii) of this subparagraph.
``(ii) Elements.--Notice of illegal content
or illegal activity provided to a provider of
an interactive computer service as described in
clause (i) shall be in writing and include the
following:
``(I) A copy of the order from a
trial or appellate Federal or State
court, in its entirety, and unsealed if
the court has ordered it to be sealed,
under which the content or activity was
determined to violate Federal criminal
or civil law or State defamation law,
and to the extent available, any
references substantiating the validity
of the order, such as the web addresses
of public court docket information.
``(II) Information that is
reasonably sufficient to allow the
provider to identify and locate the
illegal content or illegal activity,
including each user or account engaged
in the illegal activity and specific
locations of content or accounts
involved in the illegal content or
activity, such as URLs, links, or
unique usernames.
``(III) Information reasonably
sufficient to permit the provider to
contact the complaining party, which
shall include--
``(aa) if the complaining
party is a user of the
interactive computer service,
information identifying the
user account; and
``(bb) if the complaining
party is not a user of the
interactive computer service,
an email address of the
complaining party.
``(IV) A statement by the
complaining party, made under penalty
of perjury in accordance with section
1746 of title 28, United States Code,
that--
``(aa) the information in
the notice is accurate; and
``(bb) the content or
activity described in the
notice has been determined by a
trial or appellate Federal or
State court to violate Federal
criminal or civil law or State
defamation law.
``(D) Notice to information content provider before
removal or stopping.--A provider of an interactive
computer service that receives notice of illegal
content or illegal activity shall notify the
information content provider before removing the
content or stopping the activity, subject to
commercially reasonable expectations.
``(E) Limitations for internet infrastructure
services.--Subparagraph (A) shall not apply with
respect to--
``(i) an interactive computer service that
is used by another interactive computer service
for the management, control, or operation of
that other interactive computer service,
including for services such as web hosting,
domain registration, content delivery networks,
caching, security, back-end data storage, and
cloud management; or
``(ii) a provider of broadband internet
access service, as that term is defined in
section 8.1(b) of title 47, Code of Federal
Regulations (or any successor regulation).
``(F) Monitoring or affirmative fact-seeking not
required.--Nothing in this paragraph shall be construed
to condition the applicability of paragraph (1) to a
provider of an interactive computer service on the
provider monitoring the interactive computer service or
affirmatively seeking facts indicating illegal content
or illegal activity in order to identify instances of
content or activity additional to any instances about
which the provider has received notice.
``(G) Enforcement exemption.--Nothing in this
paragraph shall be construed to impair or limit the
application of paragraph (1) or (2) of subsection (e).
``(H) No effect on other laws.--Nothing in this
paragraph shall impair, limit, expand, or otherwise
affect the scope or application of--
``(i) rule 65 of the Federal Rules of Civil
Procedure;
``(ii) section 1651 of title 28, United
States Code (commonly known as the `All Writs
Act'); or
``(iii) any law pertaining to intellectual
property, including--
``(I) title 17, United States Code;
and
``(II) 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
``Trademark Act of 1946'' or the
`Lanham Act') (15 U.S.C. 1051 et
seq.).''.
(b) Definitions.--Section 230(f) of the Communications Act of 1934
(47 U.S.C. 230(f)) is amended by adding at the end the following:
``(5) Illegal activity.--The term `illegal activity' means
activity conducted by an information content provider that has
been determined by a trial or appellate Federal or State court
to violate Federal criminal or civil law.
``(6) Illegal content.--The term `illegal content' means
information provided by an information content provider that
has been determined by a trial or appellate Federal or State
court to violate--
``(A) Federal criminal or civil law; or
``(B) State defamation law.''.
(c) Technical Correction.--Section 230(c)(2)(B) of the
Communications Act of 1934 (47 U.S.C. 230(c)(2)(B)) is amended by
striking ``paragraph (1)'' and inserting ``subparagraph (A)''.
SEC. 7. FEDERAL AND STATE ENFORCEMENT.
Section 230(e)(1) of the Communications Act of 1934 (47 U.S.C.
230(e)) is amended to read as follows:
``(1) No effect on federal criminal or civil law.--Nothing
in this section shall be construed to limit, impair, or prevent
the enforcement or investigation by the Federal Government or a
State attorney general, as applicable, of--
``(A) any other Federal criminal or civil statute;
or
``(B) any regulation of an Executive agency (as
defined in section 105 of title 5, United States Code)
or an establishment in the legislative branch of the
Federal Government.''.
SEC. 8. SEVERABILITY.
If any provision of this Act or an amendment made by this Act, or
the application of such a provision or amendment to any person or
circumstance, is held to be unenforceable or invalid, the remaining
provisions of this Act and amendments made by this Act, and the
application of the provision or amendment so held to other persons not
similarly situated or to other circumstances, shall not be affected
thereby.
SEC. 9. EFFECTIVE DATE.
This Act and the amendments made by this Act shall take effect on
the date that is 18 months after the date of enactment of this Act.
<all>
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118S484
|
Combating Human Rights Abuses Act of 2023
|
[
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"P000595",
"Sen. Peters, Gary C. [D-MI]",
"sponsor"
],
[
"L000571",
"Sen. Lummis, Cynthia M. [R-WY]",
"cosponsor"
]
] |
<html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 484 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 484
To require the Secretary of Commerce to provide training and guidance
relating to human rights abuses, including such abuses perpetrated
against the Uyghur population by the Government of the People's
Republic of China, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
February 16, 2023
Mr. Peters (for himself and Ms. Lummis) 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 Commerce to provide training and guidance
relating to human rights abuses, including such abuses perpetrated
against the Uyghur population by the Government of the People's
Republic of China, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Combating Human Rights Abuses Act of
2023''.
SEC. 2. TRAINING FOR EMPLOYEES OF THE DEPARTMENT OF COMMERCE RELATING
TO AWARENESS OF HUMAN RIGHTS ABUSES.
(a) In General.--The Secretary of Commerce shall provide training
described in subsection (b) to such employees of the Department of
Commerce who provide counseling services to businesses engaged in
interstate commerce or foreign direct investment as the Secretary
considers appropriate.
(b) Contents of Training.--The training required under subsection
(a) shall be--
(1) designed to raise awareness about emerging trends and
issues with respect to human rights abuses occurring worldwide,
such as human rights abuses perpetrated by the Government of
the People's Republic of China, including the use of forced
labor, against Uyghurs and other ethnic minority populations in
the Xinjiang Uyghur Autonomous Region; and
(2) incorporated to the greatest extent possible into
existing training provided by the Department of Commerce.
(c) Timing.--The training required under subsection (a) shall be
offered and updated at such times as the Secretary considers
appropriate.
SEC. 3. GUIDANCE FOR UNITED STATES BUSINESSES RELATING TO AWARENESS OF
HUMAN RIGHTS ABUSES.
(a) In General.--The Secretary of Commerce shall--
(1) offer guidance for United States businesses engaged in
interstate commerce or foreign direct investment, including
such businesses that are, or are considering, conducting
transactions with entities subject to the control or influence
of jurisdictions where significant human rights abuses have
occurred, such as the People's Republic of China; and
(2) incorporate the guidance required under paragraph (1)
into any counseling services that the Department of Commerce
provides to such businesses as the Secretary considers
appropriate.
(b) Contents of Guidance.--The guidance required under subsection
(a) shall--
(1) provide information about emerging trends and issues
involving human rights abuses, such as information that
describes--
(A) human rights abuses perpetrated by the
Government of the People's Republic of China, including
the use of forced labor, against Uyghurs and other
ethnic minority populations in the Xinjiang Uyghur
Autonomous Region;
(B) risk factors that may be used to identify
entities subject to the influence or control of
jurisdictions such as the People's Republic of China
that may be implicated in human rights abuses;
(C) ways to avoid doing business with entities
described in subparagraph (B); and
(D) potential reputational, economic, legal, and
other risks of conducting transactions with an entity
described in subparagraph (B); and
(2) make clear that the guidance is for advisory purposes
and that the Department of Commerce is not responsible for
certifying the accuracy or completeness of the information
provided in the guidance.
<all>
</pre></body></html>
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|
118S485
|
Hazard and Flooding Mitigation Funding Assurance Act
|
[
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"P000145",
"Sen. Padilla, Alex [D-CA]",
"sponsor"
],
[
"S001198",
"Sen. Sullivan, Dan [R-AK]",
"cosponsor"
],
[
"H001046",
"Sen. Heinrich, Martin [D-NM]",
"cosponsor"
]
] |
<p><strong>Hazard and Flooding Mitigation Funding Assurance Act</strong><strong></strong></p> <p>This bill makes changes to eligibility under the hazard mitigation grant program of the Federal Emergency Management Agency (FEMA) to include mitigating and preventing post-wildfire flooding and debris flow.</p> <p>Specifically, the bill requires the federal share of hazard mitigation assistance for mitigating and preventing post-wildfire flooding and debris flow to be not less than 75% of the cost and permits the President to contribute 100% of the cost (currently, the President may contribute up to 75% of the cost).</p>
|
<html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 485 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 485
To amend the Robert T. Stafford Disaster Relief and Emergency
Assistance Act to authorize the President to provide hazard mitigation
assistance for mitigating and preventing post-wildfire flooding and
debris flow, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
February 16, 2023
Mr. Padilla (for himself and Mr. Sullivan) introduced the following
bill; which was read twice and referred to the Committee on Homeland
Security and Governmental Affairs
_______________________________________________________________________
A BILL
To amend the Robert T. Stafford Disaster Relief and Emergency
Assistance Act to authorize the President to provide hazard mitigation
assistance for mitigating and preventing post-wildfire flooding and
debris flow, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Hazard and Flooding Mitigation
Funding Assurance Act''.
SEC. 2. AMENDMENTS TO IMPROVE HAZARD MITIGATION ASSISTANCE.
(a) In General.--Section 404 of the Robert T. Stafford Disaster
Relief And Emergency Assistance Act (42 U.S.C. 5170c) is amended--
(1) in subsection (a), by striking ``The President may
contribute up to 75 percent of the cost'' and inserting ``The
President shall contribute not less than 75 percent of the cost
and may contribute not more than 100 percent of the cost''; and
(2) in subsection (f)--
(A) in paragraph (13), by striking ``and'' at the
end;
(B) in paragraph (14), by striking the period at
the end and inserting ``; and''; and
(C) by adding at the end the following:
``(15) mitigating post-wildfire flooding and debris flow
from burn scars.''.
(b) Application.--The amendments made by subsection (a) shall apply
with respect to assistance provided under section 404 of the Robert T.
Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170c)
on or after the date of enactment of this Act.
<all>
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|
118S486
|
Honest Ads Act
|
[
[
"K000367",
"Sen. Klobuchar, Amy [D-MN]",
"sponsor"
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"G000359",
"Sen. Graham, Lindsey [R-SC]",
"cosponsor"
],
[
"W000805",
"Sen. Warner, Mark R. [D-VA]",
"cosponsor"
]
] |
<p><strong>Honest Ads Act</strong></p> <p>This bill applies requirements, limitations, and protections regarding political advertising in traditional media to paid internet or digital political advertising. The bill sets forth special rules for disclosure statements for certain internet or digital ads.</p> <p>Each television or radio station, provider of cable or satellite television, or online platform must ensure that the political advertising it hosts is not directly or indirectly purchased by a foreign national.</p> <p>The bill outlines political record requirements for online platforms, including by requiring these platforms to publish a record of any qualified political advertisement purchased by a person whose aggregate purchases of qualified political advertisements on the platform during the calendar year exceeds $500.</p> <p>Additionally, these online platforms must display notices with online political advertisements that identify the sponsor of the advertisement.</p>
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<html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 486 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 486
To enhance transparency and accountability for online political
advertisements by requiring those who purchase and publish such ads to
disclose information about the advertisements to the public, and for
other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
February 16, 2023
Ms. Klobuchar (for herself, Mr. Graham, and Mr. Warner) introduced the
following bill; which was read twice and referred to the Committee on
Rules and Administration
_______________________________________________________________________
A BILL
To enhance transparency and accountability for online political
advertisements by requiring those who purchase and publish such ads to
disclose information about the advertisements to the public, and for
other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Honest Ads Act''.
SEC. 2. PURPOSE.
The purpose of this subtitle is to enhance the integrity of
American democracy and national security by improving disclosure
requirements for online political advertisements in order to uphold the
Supreme Court's well-established standard that the electorate bears the
right to be fully informed.
SEC. 3. FINDINGS.
Congress makes the following findings:
(1) In 2002, the Bipartisan Campaign Reform Act of 2002
(Public Law 107-155) became law, establishing disclosure
requirements for political advertisements distributed from a
television or radio broadcast station or provider of cable or
satellite television. In 2003, the Supreme Court upheld
regulations on electioneering communications established under
the Act, noting that such requirements ``provide the electorate
with information and insure that the voters are fully informed
about the person or group who is speaking.'' The Court
reaffirmed this conclusion in 2010 by an 8-1 vote.
(2) In its 2006 rulemaking, the Federal Election
Commission, the independent Federal agency charged with
protecting the integrity of the Federal campaign finance
process, noted that 18 percent of all Americans cited the
internet as their leading source of news about the 2004
Presidential election. By contrast, Gallup and the Knight
Foundation found in 2020 that the majority of Americans, 58
percent, got most of their news about elections online.
(3) According to studies from AdImpact and Borrell
Associates, in 2020, an estimated $1,700,000,000 was spent on
online political advertising, more than 10 times the amount
spent in 2012.
(4) In order to enhance transparency of all political
advertisement funding, it is prudent to extend to online
internet platforms the same types of political advertisement
disclosure requirements applicable to broadcast television and
radio stations, and providers of cable and satellite
television.
(5) Effective and complete transparency for voters must
include information about the true and original source of money
given, transferred, and spent on political advertisements made
online.
(6) Requiring the disclosure of this information is a
necessary and narrowly tailored means to inform the voting
public of who is behind digital advertising disseminated to
influence their votes and to enable the Federal Election
Commission and the Department of Justice to detect and
prosecute illegal foreign spending on local, State, and Federal
elections and other campaign finance violations.
(7) Paid advertising on large online platforms is different
from advertising placed on other common media in terms of the
comparatively low cost of reaching large numbers of people, the
availability of sophisticated microtargeting, and the ease with
which online advertisers, particularly those located outside
the United States, can evade disclosure requirements. Requiring
large online platforms to maintain public files of information
about the online political ads they disseminate is the best and
least restrictive means to ensure the voting public has
complete information about who is trying to influence their
votes and to aid enforcement of other laws, including the
prohibition on foreign money in domestic campaigns.
(8) The reach of a few large internet platforms--larger
than any broadcast, satellite, or cable provider--has greatly
facilitated the scope and effectiveness of disinformation
campaigns. For instance, the largest platform has over
247,000,000 American users--over 153,000,000 of them on a daily
basis. By contrast, the largest cable television provider has
16,142,000 subscribers, while the largest satellite television
provider has 13,300,000 subscribers. And the most-watched
television broadcast in United States history had 118,000,000
viewers.
(9) The public nature of broadcast television, radio, and
satellite ensures a level of publicity for any political
advertisement. These communications are accessible to the
press, fact-checkers, and political opponents. This creates
strong disincentives for a candidate to disseminate materially
false, inflammatory, or contradictory messages to the public.
Social media platforms, in contrast, can target portions of the
electorate with direct, ephemeral advertisements often on the
basis of private information the platform has on individuals,
enabling political advertisements that are contradictory,
racially or socially inflammatory, or materially false.
(10) Large social media platforms are the only entities in
possession of certain key data related to paid online ads,
including the exact audience targeted by those ads and their
number of impressions. Such information, which cannot be
reliably disclosed by the purchasers of ads, is extremely
useful for informing the electorate, guarding against
corruption, and aiding in the enforcement of existing campaign
finance regulations.
(11) Paid advertisements on social media platforms have
served as critical tools for foreign online influence
campaigns--even those that rely on large amounts of unpaid
content--because such ads allow foreign actors to test the
effectiveness of different messages, expose their messages to
audiences who have not sought out such content, and recruit
audiences for future campaigns and posts.
(12) A 2019 Senate Select Committee on Intelligence's
Report on Russian Active Measures Campaigns and Interference in
the 2016 U.S. Election Volume 2: Russia's Use of Social Media
with Additional Views, the Committee recommended ``that
Congress examine legislative approaches to ensuring Americans
know the sources of online political advertisements. The
Federal Election Campaign Act of 1971 requires political
advertisements on television, radio and satellite to disclose
the sponsor of the advertisement. The same requirements should
apply online. This will also help to ensure that the IRA or any
similarly situated actors cannot use paid advertisements for
purposes of foreign interference.''.
(13) On March 16, 2021, the Office of the Director of
National Intelligence released the declassified Intelligence
Community assessment of foreign threats to the 2020 U.S.
Federal elections. The declassified report found: ``Throughout
the election cycle, Russia's online influence actors sought to
affect U.S. public perceptions of the candidates, as well as
advance Moscow's longstanding goals of undermining confidence
in U.S. election processes and increasing sociopolitical
divisions among the American people.'' The report also
determined that Iran sought to influence the election by
``creating and amplifying social media content that criticized
[candidates].''
(14) According to a Wall Street Journal report in April
2021, voluntary ad libraries operated by major platforms rely
on foreign governments to self-report political ad purchases.
These ad-buys, including those diminishing major human rights
violations like the Uighur genocide, are under-reported by
foreign government purchasers, with no substantial oversight or
repercussions from the platforms.
(15) Multiple reports have indicated that online ads have
become a key vector for strategic influence by the People's
Republic of China. An April 2021 Wall Street Journal report
noted that the Chinese Government and Chinese State-owned
enterprises are major purchasers of ads on the U.S.'s largest
social media platform, including to advance Chinese propaganda.
(16) Large online platforms have made changes to their
policies intended to make it harder for foreign actors to
purchase political ads. However, these private actions have not
been taken by all platforms, have not been reliably enforced,
and are subject to immediate change at the discretion of the
platforms.
(17) The Federal Election Commission's current regulations
on political advertisements do not provide sufficient
transparency to uphold the public's right to be fully informed
about political advertisements made online.
SEC. 4. SENSE OF CONGRESS.
It is the sense of Congress that--
(1) the dramatic increase in digital political
advertisements, and the growing centrality of online platforms
in the lives of Americans, requires the Congress and the
Federal Election Commission to take meaningful action to ensure
that laws and regulations provide the accountability and
transparency that is fundamental to our democracy;
(2) free and fair elections require both transparency and
accountability which give the public a right to know the true
sources of funding for political advertisements, be they
foreign or domestic, in order to make informed political
choices and hold elected officials accountable; and
(3) transparency of funding for political advertisements is
essential to enforce other campaign finance laws, including the
prohibition on campaign spending by foreign nationals.
SEC. 5. EXPANSION OF DEFINITION OF PUBLIC COMMUNICATION.
(a) In General.--Paragraph (22) of section 301 of the Federal
Election Campaign Act of 1971 (52 U.S.C. 30101(22)) is amended by
striking ``or satellite communication'' and inserting ``satellite, paid
internet, or paid digital communication''.
(b) Treatment of Contributions and Expenditures.--Section 301 of
such Act (52 U.S.C. 30101) is amended--
(1) in paragraph (8)(B)(v), by striking ``on broadcasting
stations, or in newspapers, magazines, or similar types of
general public political advertising'' and inserting ``in any
public communication''; and
(2) in paragraph (9)(B)--
(A) by amending clause (i) to read as follows:
``(i) any news story, commentary, or
editorial distributed through the facilities of
any broadcasting station or any print, online,
or digital newspaper, magazine, publication,
periodical, blog, or platform, unless such
broadcasting, print, online, or digital
facilities are owned or controlled by any
political party, political committee, or
candidate;''; and
(B) in clause (iv), by striking ``on broadcasting
stations, or in newspapers, magazines, or similar types
of general public political advertising'' and inserting
``in any public communication''.
(c) Disclosure and Disclaimer Statements.--Subsection (a) of
section 318 of such Act (52 U.S.C. 30120) is amended--
(1) by striking ``financing any communication through any
broadcasting station, newspaper, magazine, outdoor advertising
facility, mailing, or any other type of general public
political advertising'' and inserting ``financing any public
communication''; and
(2) by striking ``solicits any contribution through any
broadcasting station, newspaper, magazine, outdoor advertising
facility, mailing, or any other type of general public
political advertising'' and inserting ``solicits any
contribution through any public communication''.
(d) Effective Date.--The amendments made by this section shall take
effect on the date of the enactment of this Act and shall take effect
without regard to whether or not the Federal Election Commission has
promulgated the final regulations necessary to carry out this part and
the amendments made by this part by the deadline set forth in
subsection (e).
(e) Regulation.--Not later than 1 year after the date of the
enactment of this Act, the Federal Election Commission shall promulgate
regulations on what constitutes a paid internet or paid digital
communication for purposes of paragraph (22) of section 301 of the
Federal Election Campaign Act of 1971 (52 U.S.C. 30101(22)), as amended
by subsection (a), except that such regulation shall not define a paid
internet or paid digital communication to include communications for
which the only payment consists of internal resources, such as employee
compensation, of the entity paying for the communication.
SEC. 6. EXPANSION OF DEFINITION OF ELECTIONEERING COMMUNICATION.
(a) Expansion to Online Communications.--
(1) Application to qualified internet and digital
communications.--
(A) In general.--Subparagraph (A) of section
304(f)(3) of the Federal Election Campaign Act of 1971
(52 U.S.C. 30104(f)(3)(A)) is amended by striking ``or
satellite communication'' each place it appears in
clauses (i) and (ii) and inserting ``satellite, or
qualified internet or digital communication''.
(B) Qualified internet or digital communication.--
Paragraph (3) of section 304(f) of such Act (52 U.S.C.
30104(f)) is amended by adding at the end the following
new subparagraph:
``(D) Qualified internet or digital
communication.--The term `qualified internet or digital
communication' means any communication which is placed
or promoted for a fee on an online platform (as defined
in subsection (j)(3)).''.
(2) Nonapplication of relevant electorate to online
communications.--Section 304(f)(3)(A)(i)(III) of such Act (52
U.S.C. 30104(f)(3)(A)(i)(III)) is amended by inserting ``any
broadcast, cable, or satellite'' before ``communication''.
(3) News exemption.--Section 304(f)(3)(B)(i) of such Act
(52 U.S.C. 30104(f)(3)(B)(i)) is amended to read as follows:
``(i) a communication appearing in a news
story, commentary, or editorial distributed
through the facilities of any broadcasting
station or any online or digital newspaper,
magazine, publication, periodical, blog, or
platform, unless such broadcasting, online, or
digital facilities are owned or controlled by
any political party, political committee, or
candidate;''.
(b) Effective Date.--The amendments made by this section shall
apply with respect to communications made on or after January 1, 2024,
and shall take effect without regard to whether or not the Federal
Election Commission has promulgated regulations to carry out such
amendments.
SEC. 7. APPLICATION OF DISCLAIMER STATEMENTS TO ONLINE COMMUNICATIONS.
(a) Clear and Conspicuous Manner Requirement.--Subsection (a) of
section 318 of the Federal Election Campaign Act of 1971 (52 U.S.C.
30120(a)) is amended--
(1) by striking ``shall clearly state'' each place it
appears in paragraphs (1), (2), and (3) and inserting ``shall
state in a clear and conspicuous manner''; and
(2) by adding at the end the following flush sentence:
``For purposes of this section, a communication does not make a
statement in a clear and conspicuous manner if it is difficult
to read or hear or if the placement is easily overlooked.''.
(b) Special Rules for Qualified Internet or Digital
Communications.--
(1) In general.--Section 318 of such Act (52 U.S.C. 30120)
is amended by adding at the end the following new subsection:
``(e) Special Rules for Qualified Internet or Digital
Communications.--
``(1) Special rules with respect to statements.--In the
case of any qualified internet or digital communication (as
defined in section 304(f)(3)(D)) which is disseminated through
a medium in which the provision of all of the information
specified in this section is not possible, the communication
shall, in a clear and conspicuous manner--
``(A) state the name of the person who paid for the
communication; and
``(B) provide a means for the recipient of the
communication to obtain the remainder of the
information required under this section with minimal
effort and without receiving or viewing any additional
material other than such required information.
``(2) Safe harbor for determining clear and conspicuous
manner.--A statement in qualified internet or digital
communication (as defined in section 304(f)(3)(D)) shall be
considered to be made in a clear and conspicuous manner as
provided in subsection (a) if the communication meets the
following requirements:
``(A) Text or graphic communications.--In the case
of a text or graphic communication, the statement--
``(i) appears in letters at least as large
as the majority of the text in the
communication; and
``(ii) meets the requirements of paragraphs
(2) and (3) of subsection (c).
``(B) Audio communications.--In the case of an
audio communication, the statement is spoken in a
clearly audible and intelligible manner at the
beginning or end of the communication and lasts at
least 3 seconds.
``(C) Video communications.--In the case of a video
communication which also includes audio, the
statement--
``(i) is included at either the beginning
or the end of the communication; and
``(ii) is made both in--
``(I) a written format that meets
the requirements of subparagraph (A)
and appears for at least 4 seconds; and
``(II) an audible format that meets
the requirements of subparagraph (B).
``(D) Other communications.--In the case of any
other type of communication, the statement is at least
as clear and conspicuous as the statement specified in
subparagraph (A), (B), or (C).''.
(2) Nonapplication of certain exceptions.--The exceptions
provided in section 110.11(f)(1)(i) and (ii) of title 11, Code
of Federal Regulations, or any successor to such rules, shall
have no application to qualified internet or digital
communications (as defined in section 304(f)(3)(D) of the
Federal Election Campaign Act of 1971).
(c) Modification of Additional Requirements for Certain
Communications.--Section 318(d) of such Act (52 U.S.C. 30120(d)) is
amended--
(1) in paragraph (1)(A)--
(A) by striking ``which is transmitted through
radio'' and inserting ``which is in an audio format'';
and
(B) by striking ``By radio'' in the heading and
inserting ``Audio format'';
(2) in paragraph (1)(B)--
(A) by striking ``which is transmitted through
television'' and inserting ``which is in video
format''; and
(B) by striking ``By television'' in the heading
and inserting ``Video format''; and
(3) in paragraph (2)--
(A) by striking ``transmitted through radio or
television'' and inserting ``made in audio or video
format''; and
(B) by striking ``through television'' in the
second sentence and inserting ``in video format''.
(d) Effective Date.--The amendment made by subsection (a) shall
take effect on the date of the enactment of this Act and shall take
effect without regard to whether or not the Federal Election Commission
has promulgated regulations to carry out such amendments.
SEC. 8. POLITICAL RECORD REQUIREMENTS FOR ONLINE PLATFORMS.
(a) In General.--Section 304 of the Federal Election Campaign Act
of 1971 (52 U.S.C. 30104) is amended by adding at the end the following
new subsection:
``(j) Disclosure of Certain Online Advertisements.--
``(1) In general.--
``(A) Requirements for online platforms.--
``(i) In general.--An online platform shall
maintain, and make available for online public
inspection in machine readable format, a
complete record of any qualified political
advertisement which is purchased by a person
whose aggregate purchases of qualified
political advertisements on such online
platform during the calendar year exceeds $500.
``(ii) Requirement relating to political
ads sold by third party advertising vendors.--
An online platform that displays a qualified
political advertisement sold by a third party
advertising vendor shall include on its own
platform--
``(I) an easily accessible and
identifiable link to the records
maintained by the third-party
advertising vendor under clause (i)
regarding such qualified political
advertisement; or
``(II) in any case in which the
third party advertising vendor does not
make such records available, a
statement that no records from the
third party advertising vendors records
are available.
``(B) Requirements for advertisers.--Any person who
purchases a qualified political advertisement on an
online platform shall provide the online platform with
such information as is necessary for the online
platform to comply with the requirements of
subparagraph (A).
``(2) Contents of record.--A record maintained under
paragraph (1)(A) shall contain--
``(A) a digital copy of the qualified political
advertisement;
``(B) a description of the audience that received
the advertisement, the number of views generated from
the advertisement, and the date and time that the
advertisement is first displayed and last displayed;
and
``(C) information regarding--
``(i) the total cost of the advertisement
(which may be rounded to the nearest $100);
``(ii) the name of the candidate to which
the advertisement refers and the office to
which the candidate is seeking election, the
election to which the advertisement refers, or
the national legislative issue to which the
advertisement refers (as applicable);
``(iii) in the case of a request made by,
or on behalf of, a candidate, the name of the
candidate, the authorized committee of the
candidate, and the treasurer of such committee;
and
``(iv) in the case of any request not
described in clause (iii), the name of the
person purchasing the advertisement, the name
and address of a contact person for such
person, and a list of the chief executive
officers or members of the executive committee
or of the board of directors of such person.
``(3) Online platform.--
``(A) In general.--For purposes of this subsection,
subject to subparagraph (B), the term `online platform'
means any public-facing website, web application, or
digital application (including a social network, ad
network, or search engine) which--
``(i)(I) sells qualified political
advertisements; and
``(II) has 50,000,000 or more unique
monthly United States visitors or users for a
majority of months during the preceding 12
months; or
``(ii) is a third-party advertising vendor
that has 50,000,000 or more unique monthly
United States visitors in the aggregate on any
advertisement space that it has sold or bought
for a majority of months during the preceding
12 months, as measured by an independent
digital ratings service accredited by the Media
Ratings Council (or its successor).
``(B) Exemption.--Such term shall not include any
online platform that is a distribution facility of any
broadcasting station or newspaper, magazine, blog,
publication, or periodical.
``(C) Third-party advertising vendor defined.--For
purposes of this subsection, the term `third-party
advertising vendor' includes any third-party
advertising vendor network, advertising agency,
advertiser, or third-party advertisement serving
company that buys and sells advertisement space on
behalf of unaffiliated third-party websites, search
engines, digital applications, or social media sites.
``(4) Qualified political advertisement.--For purposes of
this subsection, the term `qualified political advertisement'
means any advertisement (including search engine marketing,
display advertisements, video advertisements, native
advertisements, and sponsorships) that--
``(A) is made by or on behalf of a candidate; or
``(B) communicates a message relating to any
political matter of national importance, including--
``(i) a candidate;
``(ii) any election to Federal office; or
``(iii) a national legislative issue of
public importance.
``(5) Time to maintain file.--The information required
under this subsection shall be made available as soon as
possible and shall be retained by the online platform for a
period of not less than 4 years.
``(6) Special rule.--For purposes of this subsection,
multiple versions of an advertisement that contain no material
differences (such as versions that differ only because they
contain a recipient's name, or differ only in size, color,
font, or layout) may be treated as a single qualified political
advertisement.
``(7) Penalties.--For penalties for failure by online
platforms, and persons requesting to purchase a qualified
political advertisement on online platforms, to comply with the
requirements of this subsection, see section 309.''.
(b) Effective Date.--The amendments made by this section shall take
effect on the date of the enactment of this Act and shall take effect
without regard to whether or not the Federal Election Commission has
promulgated the final regulations necessary to carry out this part and
the amendments made by this part by the deadline set forth in
subsection (c).
(c) Rulemaking.--Not later than 120 days after the date of the
enactment of this Act, the Federal Election Commission shall establish
rules--
(1) for determining whether an advertisement communicates a
national legislative issue for purposes of section 304(j) of
the Federal Election Campaign Act of 1971 (as added by
subsection (a));
(2) requiring common data formats for the record required
to be maintained under such section 304(j) so that all online
platforms submit and maintain data online in a common, machine-
readable and publicly accessible format; and
(3) establishing search interface requirements relating to
such record, including searches by candidate name, issue,
purchaser, and date.
(d) Reporting.--Not later than 2 years after the date of the
enactment of this Act, and biannually thereafter, the Chairman of the
Federal Election Commission shall submit a report to Congress on--
(1) matters relating to compliance with and the enforcement
of the requirements of section 304(j) of the Federal Election
Campaign Act of 1971, as added by subsection (a);
(2) recommendations for any modifications to such section
to assist in carrying out its purposes; and
(3) identifying ways to bring transparency and
accountability to political advertisements distributed online
for free.
SEC. 9. PREVENTING CONTRIBUTIONS, EXPENDITURES, INDEPENDENT
EXPENDITURES, AND DISBURSEMENTS FOR ELECTIONEERING
COMMUNICATIONS BY FOREIGN NATIONALS IN THE FORM OF ONLINE
ADVERTISING.
Section 319 of the Federal Election Campaign Act of 1971 (52 U.S.C.
30121) is amended by adding at the end the following new subsection:
``(c) Responsibilities of Broadcast Stations, Providers of Cable
and Satellite Television, and Online Platforms.--
``(1) In general.--Each television or radio broadcast
station, provider of cable or satellite television, or online
platform (as defined in section 304(j)(3)) shall make
reasonable efforts to ensure that communications described in
section 318(a) and made available by such station, provider, or
platform are not purchased by a foreign national, directly or
indirectly.
``(2) Regulations.--Not later than 1 year after the date of
the enactment of this subsection, the Commission shall
promulgate regulations on what constitutes reasonable efforts
under paragraph (1).''.
SEC. 10. REQUIRING ONLINE PLATFORMS TO DISPLAY NOTICES IDENTIFYING
SPONSORS OF POLITICAL ADVERTISEMENTS AND TO ENSURE
NOTICES CONTINUE TO BE PRESENT WHEN ADVERTISEMENTS ARE
SHARED.
(a) In General.--Section 304 of the Federal Election Campaign Act
of 1971 (52 U.S.C. 30104), as amended by section 8(a), is amended by
adding at the end the following new subsection:
``(k) Ensuring Display and Sharing of Sponsor Identification in
Online Political Advertisements.--
``(1) Requirement.--Any online platform that displays a
qualified political advertisement (regardless of whether such
qualified political advertisement was purchased directly from
the online platform) shall--
``(A) display with the advertisement a visible
notice identifying the sponsor of the advertisement
(or, if it is not practical for the platform to display
such a notice, a notice that the advertisement is
sponsored by a person other than the platform); and
``(B) ensure that the notice will continue to be
displayed if a viewer of the advertisement shares the
advertisement with others on that platform.
``(2) Safe harbor.--An online platform shall not be treated
as having failed to comply with the requirements of paragraph
(1)(A) for the misidentification of a person as the sponsor of
the advertisement if--
``(A) the person placing the online advertisement
designated the person displayed in the advertisement as
the sponsor; and
``(B) the online platform relied on such
designation in good faith.
``(3) Definitions.--In this subsection--
``(A) the term `online platform' has the meaning
given such term in subsection (j)(3);
``(B) the term ``qualified political advertisement'
has the meaning given such term in subsection (j)(4);
and
``(C) the term `sponsor' means the person
purchasing the advertisement.''.
(b) Effective Date.--The amendment made by subsection (a) shall
apply with respect to advertisements displayed on or after the 120-day
period which begins on the date of the enactment of this Act and shall
take effect without regard to whether or not the Federal Election
Commission has promulgated regulations to carry out such amendments.
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118S487
|
COST of Relocations Act
|
[
[
"V000128",
"Sen. Van Hollen, Chris [D-MD]",
"sponsor"
]
] |
<p><b>Congressional Oversight to Secure Transparency of Relocations Act or the COST of Relocations Act</b></p> <p>This bill requires a federal agency seeking to relocate more than 5% of its employees or more than 100 employees to conduct and make public a comprehensive cost-benefit analysis of the proposed change.</p> <p>Specifically, the agency must conduct such analysis and submit it to the agency's office of inspector general for review and submission to Congress.</p> <p>The report must include</p> <ul> <li>the anticipated outcomes and improvements that will result from the proposed relocation,</li> <li>the metrics for measuring whether the proposed relocation results in the anticipated outcomes and improvements,</li> <li>a timeline of past and future engagements with stakeholders regarding the proposed relocation,</li> <li>a comprehensive strategy for accomplishing the proposed relocation, and</li> <li>an assessment of the short- and long-term effects of the proposed relocation on the agency's mission.</li> </ul>
|
<html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 487 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 487
To require Federal agencies to conduct a benefit-cost analysis on
relocations involving the movement of employment positions to different
areas, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
February 16, 2023
Mr. Van Hollen introduced the following bill; which was read twice and
referred to the Committee on Homeland Security and Governmental Affairs
_______________________________________________________________________
A BILL
To require Federal agencies to conduct a benefit-cost analysis on
relocations involving the movement of employment positions to different
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 ``Congressional Oversight to Secure
Transparency of Relocations Act'' or the ``COST of Relocations Act''.
SEC. 2. BENEFIT-COST ANALYSIS ON CERTAIN RELOCATIONS.
(a) In General.--Except as provided in subsection (d), a Federal
agency may not carry out a covered relocation unless, prior to any
submission to the Office of Management and Budget or other reviewing
entity relating to such covered relocation--
(1) the Federal agency--
(A) conducts a benefit-cost analysis on the covered
relocation; and
(B) submits to the Inspector General of the Federal
agency a report on the findings of the benefit-cost
analysis and includes in the report such other
information the Inspector General determines necessary
for compliance with subsection (c); and
(2) the Inspector General of the Federal agency reviews the
report submitted pursuant to paragraph (1) and submits to
Congress the report described in subsection (c).
(b) Benefit-Cost Analysis.--
(1) In general.--The benefit-cost analysis described in
subsection (a)(1)(A) shall be conducted in a manner consistent
with the economic and social science principles articulated in
the guidance applicable to relocations in the document of the
Office of Management and Budget entitled ``Circular A-4'', as
in effect on September 17, 2003.
(2) Analysis report.--
(A) Contents.--Each report submitted by the
Inspector General of a Federal agency pursuant to
subsection (a)(1)(B) shall include, at a minimum--
(i) the anticipated outcomes and
improvements that will result from the proposed
covered relocation, quantified in monetary or
other appropriate measures to the extent
practicable;
(ii) an explanation of how the proposed
covered relocation will result in the
anticipated outcomes and improvements;
(iii) the metrics for measuring whether the
proposed covered relocation results in the
anticipated outcomes and improvements;
(iv) a detailed employee engagement plan;
(v) a list of stakeholders;
(vi) a timeline of past and future
engagements with stakeholders regarding the
proposed covered relocation;
(vii) an assessment of how the proposed
covered relocation may affect stakeholders--
(I) served by the positions
affected by the proposed covered
relocation; and
(II) in the destination agency or
region;
(viii) a comprehensive strategy for
accomplishing the proposed covered relocation
that includes--
(I) staffing, resourcing, and
financial needs;
(II) an implementation timeline
identifying milestones and the persons
accountable for meeting such
milestones;
(III) a risk assessment;
(IV) a risk mitigation plan; and
(V) a diversity management strategy
including--
(aa) a strategy for
sustaining diversity and
inclusion; and
(bb) documentation of
ongoing succession and
recruiting planning processes;
(ix) an analysis of the effect the proposed
covered relocation may have on the ability of
the Federal agency to carry out the mission of
the Federal agency during the covered
relocation and thereafter; and
(x) an assessment of the short- and long-
term effects of the proposed covered relocation
on the mission of the Federal agency.
(B) Publication.--A Federal agency shall make
publicly available each report submitted by the
Inspector General of a Federal agency pursuant to
subsection (a)(1)(B) in a form that excludes any
proprietary information or trade secrets of any person
and other confidential information.
(c) Inspector General Report to Congress.--
(1) In general.--Not later than 90 days after the date on
which the Inspector General of a Federal agency submits a
report under subsection (a)(1)(B), the Inspector General of
that agency shall submit to the Committee on Homeland Security
and Governmental Affairs of the Senate, the Committee on
Environment and Public Works of the Senate, the Committee on
Oversight and Accountability of the House of Representatives,
and the Committee on Transportation and Infrastructure of the
House of Representatives a report on the findings of the review
conducted under subsection (a)(1), including--
(A) detailed descriptions of the data used in the
benefit-cost analysis carried out pursuant to
subsection (a)(1), including the types of data and the
time periods covered by the data;
(B) the conclusions of the benefit-cost analysis
and the analysis underlying such conclusions; and
(C) a comprehensive assessment of--
(i) the extent to which the Federal agency
adhered to the guidance in the document of the
Office of Management and Budget entitled
``Circular A-4'', as in effect on September 17,
2003, in conducting the benefit-cost analysis,
including a determination as to whether such
adherence is sufficient to justify the use of
Federal funds for the proposed covered
relocation involved; and
(ii) if the proposed covered relocation
involves moving positions from inside the
National Capital Region to outside the National
Capital Region, the extent to which real estate
options in the National Capital Region were
compared to those in the destination as part of
that analysis.
(2) Exclusions.--
(A) In general.--The Inspector General of a Federal
agency shall exclude from any report described in this
subsection any proprietary information or trade secrets
of any person and other confidential information.
(B) Explanation and description required.--For each
exclusion under subparagraph (A), the Inspector General
of the Federal agency shall include an explanation of
the reason for the exclusion and a description of the
information excluded in an appropriate location in the
relevant report.
(d) Other Requirements Not Abrogated.--Nothing in this Act shall be
construed to abrogate, reduce, or eliminate any requirements imposed by
law pertaining to any covered relocation of a Federal agency or
component of a Federal agency.
(e) Definitions.--In this Act:
(1) Administrative redelegation of function.--The term
``administrative redelegation of function'' means a Federal
agency establishing new positions within the agency that
replace existing positions within the Federal agency and
perform the functions of the positions replaced.
(2) Covered relocation.--The term ``covered relocation''
means--
(A) an administrative redelegation of function
which, by itself or in conjunction with other related
redelegations, involves replacing the existing
positions of more than the lesser of 5 percent or 100
of the employees of the relevant Federal agency with
new positions located outside the commuting area of
such employees;
(B) moving a Federal agency or any component of a
Federal agency if such move, by itself or in
conjunction with other related moves, involves moving
the positions of more than the lesser of 5 percent or
100 of the employees of the Federal agency outside the
commuting area of such employees or under the
jurisdiction of another Federal agency; or
(C) a combination of related redelegations and
moves that together involve the positions of more than
the lesser of 5 percent or 100 of the employees of the
relevant Federal agency being moved to or replaced with
new positions located outside the commuting area of
such employees or moved under the jurisdiction of
another Federal agency.
(3) Employee.--The term ``employee'' means an employee or
officer of a Federal agency.
(4) Federal agency.--The term ``Federal agency'' has the
meaning given the term ``agency'' in section 902 of title 5,
United States Code.
(5) National capital region.--The term ``National Capital
Region'' has the meaning given the term in section 8702 of
title 40, United States Code.
<all>
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118S488
|
FOIA Fix Act of 2023
|
[
[
"R000595",
"Sen. Rubio, Marco [R-FL]",
"sponsor"
],
[
"C001095",
"Sen. Cotton, Tom [R-AR]",
"cosponsor"
]
] |
<p><strong>First Opportunity for Information to Americans Act of 2023 or the FOIA Fix Act</strong> <strong>of 2023</strong></p> <p>This bill bars certain foreign nationals and entities from obtaining U.S. government records under the Freedom of Information Act.</p> <p>The bill specifically prohibits an agency from making records available to specified requesters, including an entity that is a subsidiary of an entity with a principal place of business or headquarters located in China, Russia, North Korea, Iran, Cuba, Syria, or Venezuela.</p> <p>Further, the bill sets penalties for knowingly assisting, conspiring, or abetting a request for information on behalf of an individual or entity that is prohibited from receiving it.</p> <ul> </ul>
|
<html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 488 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 488
To modify the Freedom of Information Act, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
February 16, 2023
Mr. Rubio (for himself and Mr. Cotton) introduced the following bill;
which was read twice and referred to the Committee on the Judiciary
_______________________________________________________________________
A BILL
To modify the Freedom of Information 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 ``First Opportunity for Information to
Americans Act of 2023'' or the ``FOIA Fix Act of 2023''.
SEC. 2. FOIA REQUESTS.
Section 552 of title 5, United States Code, is amended--
(1) in subsection (a)--
(A) in paragraph (3)(A), by inserting ``or
paragraph (9)'' after ``subparagraph (E)''; and
(B) by adding at the end the following:
``(9)(A) Except as provided in subparagraph (D), an agency may not
make any record available under this subsection to any requester that--
``(i) is an individual who is not a citizen of the United
States or an alien lawfully admitted for permanent residence;
``(ii) is an entity that does not have a principal place of
business or headquarters located in a State, the District of
Columbia, or any territory or possession of the United States;
or
``(iii) is an entity that is a subsidiary of an entity with
a principal place of business or headquarters located in--
``(I) the People's Republic of China;
``(II) the Russian Federation;
``(III) the Democratic People's Republic of Korea;
``(IV) the Islamic Republic of Iran;
``(V) the Republic of Cuba;
``(VI) the Syrian Arab Republic; or
``(VII) the regime of Nicolas Maduro in Venezuela.
``(B) Knowingly assisting, conspiring, or abetting a request for
information under this section on behalf of an individual or entity
that is prohibited from receiving the information under subparagraph
(A) is punishable by a fine of up $10,000 per violation and not more
than 1 year in prison.
``(C) Each agency shall promulgate regulations as necessary to
carry out subparagraph (A).
``(D) Subparagraph (A) shall not apply to a requester that is
seeking official copies of the immigration court proceedings of the
requester.
``(10) Notwithstanding any other provision of this section, an
agency may determine the manner in which a request is fulfilled under
this subsection if the agency has a reasonable belief that fulfilling
the request in the manner requested by the requester--
``(A) is likely to result in the exposure of material or
information that is not responsive to the request, including
any data describing the structure, data elements,
interrelationships, or other characteristics of electronic
records otherwise responsive to the request; or
``(B) poses a material security risk to the agency or
another entity in the Federal Government.''; and
(2) in subsection (b)--
(A) in paragraph (8), by striking ``or'' at the
end; and
(B) in paragraph (9), by striking the period at the
end and inserting ``; or''; and
(C) by adding at the end the following:
``(10) records or information, such as blueprints,
schematics, formulae, technical expertise, or other similar
information that is susceptible to reverse engineering--
``(A) the disclosure of which is likely to damage
the interests of the United States;
``(B) that is materially related to the study of an
emerging or foundational technology identified by the
Department of Commerce; and
``(C) for which the interest of the public in
disclosure does not outweigh the interests described in
subparagraph (A).''.
<all>
</pre></body></html>
|
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"Syria",
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118S489
|
Stop Taxpayer Funding of Hamas Act
|
[
[
"S001217",
"Sen. Scott, Rick [R-FL]",
"sponsor"
],
[
"H001079",
"Sen. Hyde-Smith, Cindy [R-MS]",
"cosponsor"
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"cosponsor"
],
[
"B001305",
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]
] |
<html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 489 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 489
To prohibit any direct or indirect United States funding for the
territory of Gaza unless certain conditions are met.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
February 16, 2023
Mr. Scott of Florida (for himself, Mrs. Hyde-Smith, and Mr. Braun)
introduced the following bill; which was read twice and referred to the
Committee on Foreign Relations
_______________________________________________________________________
A BILL
To prohibit any direct or indirect United States funding for the
territory of Gaza unless certain conditions are met.
Be it enacted by the Senate 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 Taxpayer Funding of Hamas
Act''.
SEC. 2. RESTRICTION ON THE EXPENDITURE FOR FEDERAL FUNDS IN GAZA.
(a) In General.--No United States Government funds may be obligated
or expended in the territory of Gaza until after the President
certifies to the Committee on Foreign Relations of the Senate and the
Committee on Foreign Affairs of the House of Representatives that such
funds can be expended without benefitting any organization or persons
that is--
(1) a member of Hamas, Palestinian Islamic Jihad, or any
other organization designated by the Secretary of State as a
foreign terrorist organization under section 219 of the
Immigration and Nationality Act (8 U.S.C. 1189); or
(2) controlled or influenced by Hamas, Palestinian Islamic
Jihad, or any such foreign terrorist organization.
(b) United Nations Entities.--No United States Government funds may
be obligated or expended in the territory of Gaza through any United
Nations entity or office unless the President certifies to the
congressional committees referred to in subsection (a) that such entity
or office is not encouraging or teaching anti-Israel or anti-Semitic
ideas or propaganda.
<all>
</pre></body></html>
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|
118S49
|
American Shores Protection Act of 2023
|
[
[
"R000595",
"Sen. Rubio, Marco [R-FL]",
"sponsor"
],
[
"S001217",
"Sen. Scott, Rick [R-FL]",
"cosponsor"
]
] |
<p><b>American Shores Protection Act</b> <b>of 2023</b></p> <p> This bill extends a moratorium on oil and gas drilling in the Gulf of Mexico through June 30, 2032, and expands the moratorium to include the South Atlantic Planning Area and the Straits of Florida Planning Area.</p>
|
<html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 49 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 49
To amend the Gulf of Mexico Energy Security Act of 2006 to extend the
moratorium on drilling off the coasts of the States of Florida,
Georgia, and South Carolina, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
January 24 (legislative day, January 3), 2023
Mr. Rubio (for himself and Mr. Scott of Florida) introduced the
following bill; which was read twice and referred to the Committee on
Energy and Natural Resources
_______________________________________________________________________
A BILL
To amend the Gulf of Mexico Energy Security Act of 2006 to extend the
moratorium on drilling off the coasts of the States of Florida,
Georgia, and South Carolina, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``American Shores Protection Act of
2023''.
SEC. 2. MORATORIUM ON OIL AND GAS LEASING OFF THE COASTS OF THE STATES
OF FLORIDA, GEORGIA, AND SOUTH CAROLINA.
Section 104 of the Gulf of Mexico Energy Security Act of 2006 (43
U.S.C. 1331 note; Public Law 109-432) is amended--
(1) in subsection (a)--
(A) in the matter preceding paragraph (1), by
striking ``June 30, 2022'' and inserting ``June 30,
2032'';
(B) in paragraph (2), by striking ``or'' after the
semicolon;
(C) in paragraph (3)(B)(iii), by striking the
period at the end and inserting a semicolon; and
(D) by adding at the end the following:
``(4) any area in the South Atlantic Planning Area (as
designated by the Bureau of Ocean Energy Management as of the
date of enactment of this paragraph); or
``(5) any area in the Straits of Florida Planning Area (as
designated by the Bureau of Ocean Energy Management as of the
date of enactment of this paragraph).''; and
(2) by adding at the end the following:
``(d) Effect on Certain Leases.--The moratoria under paragraphs (4)
and (5) of subsection (a) shall not affect valid existing leases in
effect on the date of enactment of this subsection.
``(e) Environmental Exceptions.--Notwithstanding subsection (a),
the Secretary may issue leases in areas described in that subsection
for environmental conservation purposes, including the purposes of
shore protection, beach nourishment and restoration, wetlands
restoration, and habitat protection.''.
<all>
</pre></body></html>
|
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|
118S490
|
Hong Kong Economic and Trade Office (HKETO) Certification Act
|
[
[
"R000595",
"Sen. Rubio, Marco [R-FL]",
"sponsor"
],
[
"M001176",
"Sen. Merkley, Jeff [D-OR]",
"cosponsor"
]
] |
<html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 490 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 490
To require the President to remove the extension of certain privileges,
exemptions, and immunities to the Hong Kong Economic and Trade Offices
if Hong Kong no longer enjoys a high degree of autonomy from the
People's Republic of China, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
February 16, 2023
Mr. Rubio (for himself and Mr. Merkley) introduced the following bill;
which was read twice and referred to the Committee on Foreign Relations
_______________________________________________________________________
A BILL
To require the President to remove the extension of certain privileges,
exemptions, and immunities to the Hong Kong Economic and Trade Offices
if Hong Kong no longer enjoys a high degree of autonomy from the
People's Republic of China, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Hong Kong Economic and Trade Office
(HKETO) Certification Act''.
SEC. 2. CERTIFICATION ON WHETHER TO EXTEND CERTAIN PRIVILEGES,
EXEMPTIONS, AND IMMUNITIES TO THE HONG KONG ECONOMIC AND
TRADE OFFICES IN THE UNITED STATES.
(a) Certification Required.--Not later than 30 days after the date
of the enactment of this Act, and thereafter as part of each
certification required by the Secretary of State under section
205(a)(1)(A) of the United States-Hong Kong Policy Act of 1992 (22
U.S.C. 5725(a)(1)(A)), the President shall submit to the appropriate
congressional committees a certification that--
(1) the Hong Kong Economic and Trade Offices--
(A) merit extension and application of the
privileges, exemptions, and immunities specified in
subsection (b); or
(B) no longer merit extension and application of
the privileges, exemptions, and immunities specified in
subsection (b); and
(2) a detailed report justifying that certification.
(b) Privileges, Exemptions, and Immunities Specified.--The
privileges, exemptions, and immunities specified in this subsection are
the privileges, exemptions, and immunities extended and applied to the
Hong Kong Economic and Trade Offices under section 1 of the Act
entitled ``An Act to extend certain privileges, exemptions, and
immunities to Hong Kong Economic and Trade Offices'', approved June 27,
1997 (22 U.S.C. 288k).
(c) Effect of Certification.--
(1) Termination.--If the President certifies under
subsection (a)(1)(B) that the Hong Kong Economic and Trade
Offices no longer merit extension and application of the
privileges, exemptions, and immunities specified in subsection
(b), the Hong Kong Economic and Trade Offices shall terminate
operations not later than 180 days after the date on which that
certification is delivered to the appropriate congressional
committees.
(2) Continued operations.--If the President certifies under
subsection (a)(1)(A) that the Hong Kong Economic and Trade
Offices merit extension and application of the privileges,
exemptions, and immunities specified in subsection (b), the
Hong Kong Economic and Trade Offices may continue operations
for the one-year period following the date of that
certification or until the next certification required under
section 205(a)(1)(A) of the United States-Hong Kong Policy Act
of 1992 (22 U.S.C. 5725(a)(1)(A)) is submitted, whichever
occurs first, unless a disapproval resolution is enacted under
subsection (f).
(d) Revocation of Extension and Application of Privileges,
Exemptions, and Immunities.--The President may revoke the extension and
application to the Hong Kong Economic and Trade Offices of the
privileges, exceptions, and immunities specified in subsection (b).
(e) Termination of Certification Requirement.--If the Hong Kong
Economic and Trade Offices terminate operations in the United States,
whether pursuant to subsection (c) or otherwise, the President shall
not issue additional certifications under subsection (a)(1) after the
date on which those operations terminated.
(f) Congressional Review.--
(1) Disapproval resolution.--In this subsection, the term
``disapproval resolution'' means only a joint resolution of
either House of Congress--
(A) the title of which is the following: ``A joint
resolution disapproving the certification by the
President that the Hong Kong Economic and Trade Offices
continue to merit extension and application of certain
privileges, exemptions, and immunities.''; and
(B) the sole matter after the resolving clause of
which is the following: ``Congress disapproves of the
certification by the President under section 2(a)(1)(A)
of the Hong Kong Economic and Trade Office (HKETO)
Certification Act that the Hong Kong Economic and Trade
Offices merit extension and application of certain
privileges, exemptions, and immunities, on ___.'', with
the blank space being filled with the appropriate date.
(2) Introduction.--A disapproval resolution may be
introduced--
(A) in the House of Representatives, by the
majority leader or the minority leader; and
(B) in the Senate, by the majority leader (or the
majority leader's designee) or the minority leader (or
the minority leader's designee).
(3) Floor consideration in house of representatives.--If a
committee of the House of Representatives to which a
disapproval resolution has been referred has not reported the
resolution within 10 legislative days after the date of
referral, that committee shall be discharged from further
consideration of the resolution.
(4) Consideration in senate.--
(A) Committee referral.--A disapproval resolution
introduced in the Senate shall be referred to the
Committee on Foreign Relations.
(B) Reporting and discharge.--If the Committee on
Foreign Relations of the Senate has not reported the
resolution within 10 legislative days after the date of
referral of the resolution, that committee shall be
discharged from further consideration of the resolution
and the resolution shall be placed on the appropriate
calendar.
(C) Proceeding to consideration.--Notwithstanding
Rule XXII of the Standing Rules of the Senate, it is in
order at any time after the Committee on Foreign
Relations reports a disapproval resolution to the
Senate or has been discharged from consideration of
such a resolution (even though a previous motion to the
same effect has been disagreed to) to move to proceed
to the consideration of the resolution, and all points
of order against the resolution (and against
consideration of the resolution) are waived. The motion
to proceed is not debatable. The motion is not subject
to a motion to postpone. A motion to reconsider the
vote by which the motion is agreed to or disagreed to
shall not be in order.
(D) Rulings of the chair on procedure.--Appeals
from the decisions of the Chair relating to the
application of the rules of the Senate, as the case may
be, to the procedure relating to a disapproval
resolution shall be decided without debate.
(E) Consideration of veto messages.--Debate in the
Senate of any veto message with respect to a
disapproval resolution, including all debatable motions
and appeals in connection with the resolution, shall be
limited to 10 hours, to be equally divided between, and
controlled by, the majority leader and the minority
leader or their designees.
(5) Rules relating to senate and house of
representatives.--
(A) Treatment of senate resolution in house.--In
the House of Representatives, the following procedures
shall apply to a disapproval resolution received from
the Senate (unless the House has already passed a
resolution relating to the same proposed action):
(i) The resolution shall be referred to the
appropriate committees.
(ii) If a committee to which a resolution
has been referred has not reported the
resolution within 10 legislative days after the
date of referral, that committee shall be
discharged from further consideration of the
resolution.
(iii) Beginning on the third legislative
day after each committee to which a resolution
has been referred reports the resolution to the
House or has been discharged from further
consideration thereof, it shall be in order to
move to proceed to consider the resolution in
the House. All points of order against the
motion are waived. Such a motion shall not be
in order after the House has disposed of a
motion to proceed on the resolution. The
previous question shall be considered as
ordered on the motion to its adoption without
intervening motion. The motion shall not be
debatable. A motion to reconsider the vote by
which the motion is disposed of shall not be in
order.
(iv) The resolution shall be considered as
read. All points of order against the
resolution and against its consideration are
waived. The previous question shall be
considered as ordered on the resolution to
final passage without intervening motion except
2 hours of debate equally divided and
controlled by the offeror of the motion to
proceed (or a designee) and an opponent. A
motion to reconsider the vote on passage of the
resolution shall not be in order.
(B) Treatment of house resolution in senate.--
(i) Received before passage of senate
resolution.--If, before the passage by the
Senate of a disapproval resolution, the Senate
receives an identical resolution from the House
of Representatives, the following procedures
shall apply:
(I) That resolution shall not be
referred to a committee.
(II) With respect to that
resolution--
(aa) the procedure in the
Senate shall be the same as if
no resolution had been received
from the House of
Representatives; but
(bb) the vote on passage
shall be on the resolution from
the House of Representatives.
(ii) Received after passage of senate
resolution.--If, following passage of a
disapproval resolution in the Senate, the
Senate receives an identical resolution from
the House of Representatives, that resolution
shall be placed on the appropriate Senate
calendar.
(iii) No senate companion.--If a
disapproval resolution is received from the
House of Representatives, and no companion
resolution has been introduced in the Senate,
the Senate procedures under this subsection
shall apply to the resolution from the House of
Representatives.
(C) Application to revenue measures.--The
provisions of this subparagraph shall not apply in the
House of Representatives to a disapproval resolution
that is a revenue measure.
(6) Rules of house of representatives and senate.--This
paragraph is enacted by Congress--
(A) as an exercise of the rulemaking power of the
Senate and the House of Representatives, respectively,
and as such is deemed a part of the rules of each
House, respectively, and supersedes other rules only to
the extent that it is inconsistent with such rules; and
(B) with full recognition of the constitutional
right of either House to change the rules (so far as
relating to the procedure of that House) at any time,
in the same manner, and to the same extent as in the
case of any other rule of that House.
(g) Definitions.--In this section:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means the Committee on
Foreign Relations of the Senate and the Committee on Foreign
Affairs of the House of Representatives.
(2) Hong kong economic and trade offices.--The term ``Hong
Kong Economic and Trade Offices'' has the meaning given that
term in section 1(c) of the Act entitled ``An Act to extend
certain privileges, exemptions, and immunities to Hong Kong
Economic and Trade Offices'', approved June 27, 1997 (22 U.S.C.
288k).
SEC. 3. LIMITATION ON CONTRACTING RELATING TO HONG KONG ECONOMIC AND
TRADE OFFICES.
(a) In General.--On and after the date of the enactment of this
Act, an entity of the United States Government may enter into an
agreement or partnership with the Hong Kong Economic and Trade Offices
to promote tourism, culture, business, or other matters relating to
Hong Kong only if--
(1) the President has submitted to the Committee on Foreign
Relations of the Senate and the Committee on Foreign Affairs of
the House of Representatives a certification under section
2(a)(1)(A) that the Hong Kong Economic and Trade Offices merit
extension and application of certain privileges, exemptions,
and immunities; and
(2) a disapproval resolution under section 2(f) is not
enacted during the 90-day period following the submission of
that certification.
(b) Certification.--
(1) Existing agreements and partnerships.--Not later than
100 days after the date of the enactment of this Act, any
entity of the United States Government or any entity that holds
a current Federal contract with the United States Government
that has in effect an agreement or partnership with the Hong
Kong Economic and Trade Offices, shall submit to the Secretary
of State and the Administrator of the General Services
Administration a certification described in paragraph (3) with
respect to each such agreement or partnership.
(2) New agreements and partnerships.--Not later than 15
days after entering into an agreement or partnership with the
Hong Kong Economic and Trade Offices, an entity of the United
States Government or an entity that holds a current Federal
contract with the United States Government shall submit to the
Secretary of State and the Administrator of the General
Services Administration a certification described in paragraph
(3) with respect to that agreement or partnership.
(3) Certification described.--With respect to an agreement
or partnership with the Hong Kong Economic and Trade Offices, a
certification described in this paragraph is a certification
that the agreement or partnership does not promote efforts by
the Government of the Hong Kong Special Administrative Region
and the Government of the People's Republic of China--
(A) to justify the dismantling of the autonomy of
Hong Kong and the freedoms and rule of law guaranteed
by the Sino-British Joint Declaration of 1984; or
(B) to portray within the United States the
Government of the Hong Kong Special Administrative
Region or the Government of the People's Republic of
China as protecting the rule of law or the human rights
and civil liberties of the people of Hong Kong.
(c) Hong Kong Economic and Trade Offices Defined.--In this section,
the term ``Hong Kong Economic and Trade Offices'' has the meaning given
that term in section 1(c) of the Act entitled ``An Act to extend
certain privileges, exemptions, and immunities to Hong Kong Economic
and Trade Offices'', approved June 27, 1997 (22 U.S.C. 288k).
SEC. 4. POLICY OF UNITED STATES ON PROMOTION OF AUTONOMY OF GOVERNMENT
OF THE HONG KONG SPECIAL ADMINISTRATIVE REGION.
It is the policy of the United States--
(1) to ensure that entities of the United States Government
do not knowingly assist in the promotion of Hong Kong as a free
and autonomous city or the Government of the Hong Kong Special
Administrative Region as committed to protecting the human
rights of the people of Hong Kong or fully maintaining the rule
of law required for human rights and economic prosperity as
long as the Secretary of State continues to certify under
section 205(a)(1) of the United States-Hong Kong Policy Act of
1992 (22 U.S.C. 5725(a)(1)) that Hong Kong does not enjoy a
high degree of autonomy from the People's Republic of China and
does not warrant treatment under the laws of the United States
in the same manner as those laws were applied to Hong Kong
before July 1, 1997;
(2) to recognize that promotion of Hong Kong as described
in paragraph (1) should be considered propaganda for the
efforts of the People's Republic of China to dismantle rights
and freedom guaranteed to the residents of Hong Kong by the
International Covenant on Civil and Political Rights and the
Sino-British Joint Declaration of 1984;
(3) to ensure that entities of the United States Government
do not engage in or assist with propaganda of the People's
Republic of China regarding Hong Kong; and
(4) to engage with the Government of the Hong Kong Special
Administrative Region, through all relevant entities of the
United States Government, seeking the release of political
prisoners, the end of arbitrary detentions, the resumption of a
free press and fair and free elections open to all candidates,
and the restoration of an independent judiciary.
<all>
</pre></body></html>
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|
118S491
|
CVV Act
|
[
[
"R000595",
"Sen. Rubio, Marco [R-FL]",
"sponsor"
],
[
"B001243",
"Sen. Blackburn, Marsha [R-TN]",
"cosponsor"
]
] |
<p> <strong>Codification of Verified Values Act or the CVV Act</strong></p> <p>This bill requires a contributor to political organizations who uses a credit card to make online contributions to such organizations to disclose the credit verification value of such credit card at the time a contribution is made. A credit verification value is a series of numbers on a credit card (usually on the back of the card) that provides additional security for a transaction by credit card.</p>
|
<html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 491 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 491
To amend the Internal Revenue Code of 1986 to require that online
contributions to a political organization require a credit verification
value.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
February 16, 2023
Mr. Rubio (for himself and Mrs. Blackburn) introduced the following
bill; which was read twice and referred to the Committee on Finance
_______________________________________________________________________
A BILL
To amend the Internal Revenue Code of 1986 to require that online
contributions to a political organization require a credit verification
value.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Codification of Verified Values
Act'' or the ``CVV Act''.
SEC. 2. CVV REQUIREMENT FOR ONLINE CONTRIBUTIONS TO POLITICAL
ORGANIZATIONS.
(a) In General.--Section 527 of the Internal Revenue Code of 1986
is amended by adding at the end the following new subsection:
``(m) CVV Requirement for Online Contributions.--An organization
shall not be treated as an organization described in this section
unless, in the case of any internet credit card contribution accepted
by such organization, the individual or entity making such contribution
is required, at the time such contribution is made, to disclose the
credit verification value of such credit card.''.
(b) Effective Date.--The amendment made by this section shall apply
to contributions made in taxable years beginning after the date of the
enactment of this Act.
<all>
</pre></body></html>
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118S492
|
Conscience Objections to Negligent State COVID–19 Inoculation Edicts Need Constitutional Enforcement Act of 2023
|
[
[
"R000595",
"Sen. Rubio, Marco [R-FL]",
"sponsor"
],
[
"L000577",
"Sen. Lee, Mike [R-UT]",
"cosponsor"
]
] |
<p><b>Conscience Objections to Negligent State COVID-19 Inoculation Edicts Need Constitutional Enforcement Act of 2023 or the CONSCIENCE Act</b> <b>of 2023</b></p> <p>This bill generally prohibits state and local governmental COVID-19 vaccine mandates that do not provide religious exemptions. </p> <p>Specifically, the bill prohibits state and local governments from establishing COVID-19 vaccine mandates that (1) place a substantial burden on the religious exercise of an individual or entity; (2) do not treat a religious exercise or condition the same as a nonreligious exercise or condition; or (3) exclude or unreasonably limit religious exemptions. An individual's refusal to receive a COVID-19 vaccine, or an entity's refusal to institute COVID-19 vaccine requirements, on the basis of a sincerely held religious belief is considered to be religious exercise.</p> <p>The bill establishes a private right of action and authorizes the federal government to bring civil actions for violations.</p> <p>The bill applies to any mandates adopted before, on, or after the bill's date of enactment.</p>
|
<html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 492 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 492
To prohibit the imposition of certain substantial burdens, relating to
COVID-19 vaccine mandates, on religious exercise, and for other
purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
February 16, 2023
Mr. Rubio (for himself and Mr. Lee) introduced the following bill;
which was read twice and referred to the Committee on the Judiciary
_______________________________________________________________________
A BILL
To prohibit the imposition of certain substantial burdens, relating to
COVID-19 vaccine mandates, on religious exercise, and for other
purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Conscience Objections to Negligent
State COVID-19 Inoculation Edicts Need Constitutional Enforcement Act
of 2023'' or the ``CONSCIENCE Act of 2023''.
SEC. 2. FINDINGS AND PURPOSE.
(a) Findings.--Congress finds the following:
(1) In response to the COVID-19 pandemic, State and local
governments and private sector entities have implemented
unprecedented public health requirements, including
requirements that their employees, customers, and other persons
receive a COVID-19 vaccine (referred to in this section as
``COVID-19 vaccine mandates''), resulting in millions of
Americans being subject to such requirements.
(2) Many COVID-19 vaccine mandates, due to their
unprecedented magnitude and scope of application, and the
unprecedented haste of and inattention to the religious
exercise of persons subject to the mandates by the
organizations implementing them, do not adequately protect the
religious freedom of the persons subject to them.
(3) As a result, millions of Americans have objected to
COVID-19 vaccine mandates--more than for any other medical
requirement for employment or for use of a public accommodation
in recent history--often at great personal cost, on the basis
that receiving a COVID-19 vaccine would violate their sincerely
held religious beliefs.
(4) COVID-19 vaccine mandates commonly threaten the rights
of employees and other persons to religious exercise by
requiring persons subject to the mandates to--
(A) receive a COVID-19 vaccine (with respect to
private entities, often under the color of law), in
violation of their sincerely held religious beliefs; or
(B) otherwise face substantial burdens such as the
loss of employment, pay, or status within employment,
the subjection to punitive personal public health
measures, or any other loss caused by a failure to
accommodate religious exercise.
(5) With respect to COVID-19 vaccine mandates implemented
by the States and the District of Columbia, the rights of
persons under the First Amendment to the Constitution of the
United States who are subject to such requirements have been
violated in the following ways:
(A) COVID-19 vaccine mandates for State employees
in the States of New York, Maine, and Rhode Island have
allowed for medical exemptions from the COVID-19
vaccine, but have not allowed for religious exemptions.
(B) The Governor of New York has stated that--
(i) New York intentionally excluded
religious exemptions from the COVID-19
vaccination mandate; and
(ii) the Governor was unaware of any
``organized religion'' that seeks religious
exemptions for the COVID-19 vaccine and those
individuals who seek such an exemption are not
``listening to God and what God wants;''.
(C) New York has allowed COVID-19 vaccinated
workers with symptomatic, active COVID-19 infections to
continue working in hospitals, but has not allowed
religious objectors who do not have COVID-19 to work in
hospitals.
(D) Maine removed the allowance for religious
exemptions for health care workers, effective September
1, 2021, in a law requiring all health care workers to
receive the COVID-19 vaccine and influenza vaccine.
(E) Rhode Island omitted religious exemptions to
COVID-19 vaccines.
(F) In Rhode Island, health care workers have been
required to receive the COVID-19 vaccine, and health
care facilities are required to deny entry to health
care workers or providers who are not fully vaccinated.
(6) With respect to COVID-19 vaccine mandates implemented
by private sector entities, United Airlines instituted an
``absolute'' policy requiring all employees to receive the
COVID-19 vaccine, and those who submitted requests for
religious exemptions were either automatically denied or placed
on unpaid leave with no benefits.
(7) COVID-19 vaccine mandates that do not accommodate
religious exercise have resulted in labor shortages that affect
interstate and foreign commerce.
(8) According to a report by the Committee on Small
Business and Entrepreneurship of the Senate, the Federal COVID-
19 vaccine requirement put an estimated 44,900,000 Americans at
risk of losing their jobs owing to their refusal to receive a
COVID-19 vaccine. A substantial number of those refusals may be
attributed to religious objections, as according to a survey by
the Public Religion Research Institute, 10 percent of Americans
believe that receiving a COVID-19 vaccine would conflict with
their religious beliefs.
(9) In Doe v. Mills, 142 S. Ct. 17 (2021) and Dr. A. v.
Hochul, 142 S. Ct. 552 (2021), the Supreme Court denied the
requests of employees requesting religious exemptions to COVID-
19 vaccine mandates, causing those employees to face
irreparable harm.
(10) The Free Exercise Clause of the First Amendment to the
Constitution protects rights of individuals to live out their
religious beliefs publicly through religious exercise.
(11) Congress has the power to enforce the right to free
exercise of religion, through remedial measures under section 5
of the 14th Amendment to the Constitution.
(12) Laws that protect the free exercise of religious
beliefs are consistent with the founding principles of the
United States and protections under the First Amendment to the
Constitution.
(13) Congress has the power to regulate interstate and
foreign commerce under the Commerce Clause of section 8 of
article I of the Constitution.
(b) Purpose.--The purpose of this Act is to preempt laws and
disallow practices that discriminate against persons due to their
religious exercise.
SEC. 3. DEFINITIONS.
In this Act:
(1) Covered person.--The term ``covered person'' means a
person raising a claim or defense under this Act.
(2) COVID-19 vaccine mandate.--The term ``COVID-19 vaccine
mandate'' means a mandate that an individual receive a COVID-19
vaccine.
(3) Demonstrates.--The term ``demonstrates'' means meets
the burdens of going forward with the evidence and of
persuasion.
(4) Free exercise clause.--The term ``Free Exercise
Clause'' means that portion of the First Amendment to the
Constitution of the United States that proscribes laws
prohibiting the free exercise of religion.
(5) Government.--The term ``government''--
(A) means--
(i) a State, county, municipality, or other
governmental entity created under the authority
of a State;
(ii) any branch, department, agency,
instrumentality, or official of an entity
listed in clause (i); and
(iii) any other person acting under color
of State law; and
(B) for the purpose of sections 5(b) and 6,
includes--
(i) the United States;
(ii) any branch, department, agency,
instrumentality, or official of the United
States; and
(iii) any other person acting under color
of Federal law.
(6) Program or activity.--The term ``program or activity''
means all of the operations of any entity as described in
paragraph (1) or (2) of section 606 of the Civil Rights Act of
1964 (42 U.S.C. 2000d-4a), any part of which is extended
Federal financial assistance.
(7) Religious exercise.--
(A) In general.--The term ``religious exercise''
includes any exercise of religion, whether or not
compelled by, or central to, a system of religious
belief.
(B) Rule.--
(i) Person.--In the case of a person,
refusing to receive a COVID-19 vaccine on the
basis of a sincerely held religious belief
shall be considered to be religious exercise of
the person.
(ii) Entity.--In the case of an entity,
refusing on the basis of a sincerely held
religious belief to require that any employee,
customer, or other person affiliated with the
entity receive a COVID-19 vaccine mandate shall
be considered to be religious exercise of the
entity.
SEC. 4. PROTECTION OF RELIGIOUS LIBERTY AND EXERCISE BY EXEMPTIONS FOR
THE COVID-19 VACCINE.
(a) Substantial Burdens.--
(1) General rule.--No government shall impose or implement
a COVID-19 vaccine mandate in a manner that imposes a
substantial burden on the religious exercise of a person,
including a religious assembly or institution, unless the
government demonstrates that imposition of the burden on that
person's, assembly's, or institution's religious exercise--
(A) is in furtherance of a compelling governmental
interest; and
(B) is the least restrictive means of furthering
that compelling governmental interest.
(2) Scope of application.--This subsection and subsection
(b) apply in any case in which--
(A) the substantial burden is imposed by State law,
even if the burden results from a rule of general
applicability;
(B) the substantial burden is imposed in a program
or activity that receives Federal financial assistance,
even if the burden results from a rule of general
applicability;
(C) the substantial burden is imposed by an entity
that operates a workplace and that is party to or
conducts work in connection with a contract or
contract-like instrument with any government, even if
the burden results from a rule of general
applicability;
(D) the substantial burden affects, or removal of
that substantial burden would affect, commerce with
foreign nations, among the several States, or with
Indian Tribes, even if the burden results from a rule
of general applicability; or
(E) the substantial burden is imposed in the
implementation of a COVID-19 vaccine mandate, under
which the government makes, or has in place formal or
informal procedures or practices that permit the
government to make, individualized assessments of
COVID-19 vaccine exemptions, even if the burden results
from a rule of general applicability.
(b) Discrimination and Exclusion.--
(1) Equal terms.--No government shall impose or implement a
COVID-19 vaccine mandate in a manner that treats a religious
exercise (including a condition) on less than equal terms with
a nonreligious exercise (including a condition).
(2) Nondiscrimination.--No government shall impose or
implement a COVID-19 vaccine mandate that imposes a substantial
burden on any person for an exercise on the basis of religion,
including a religious denomination.
(3) Exclusions and limits.--No government shall impose or
implement a COVID-19 vaccine mandate that--
(A) totally excludes religious exemptions; or
(B) unreasonably limits religious exemptions.
SEC. 5. JUDICIAL RELIEF.
(a) Cause of Action.--A covered person may assert an actual or
threatened violation of this Act by a government as a claim or defense
in a judicial or administrative proceeding and obtain compensatory
damages, injunctive relief, declaratory relief, or any other
appropriate relief against the government involved. Standing to assert
a claim or defense under this section shall be governed by the general
rules of standing under article III of the Constitution.
(b) Burden of Persuasion.--If a covered person produces prima facie
evidence to support a claim alleging a violation of the Free Exercise
Clause or a violation of section 4, the government shall bear the
burden of persuasion on any element of the claim, except that the
covered person shall bear the burden of persuasion on whether the law
(including a regulation) or government practice that is challenged by
the claim substantially burdens the covered person's exercise of
religion.
(c) Administrative Remedies Not Required.--Notwithstanding any
other provision of law, an action under this section may be commenced,
and relief may be granted, in a district court of the United States
without regard to whether the covered person commencing the action has
sought or exhausted available administrative remedies.
(d) Full Faith and Credit.--Adjudication of a claim of a violation
of section 4 in a non-Federal forum shall not be entitled to full faith
and credit in a Federal court unless the claimant had a full and fair
adjudication of that claim in the non-Federal forum.
(e) Attorneys' Fees.--Section 722(b) of the Revised Statutes (42
U.S.C. 1988(b)) is amended by inserting ``the CONSCIENCE Act of 2023,''
after ``the Religious Land Use and Institutionalized Persons Act of
2000,''.
(f) Authority of United States To Enforce This Act.--The United
States may bring an action for injunctive or declaratory relief to
enforce compliance with this Act. Nothing in this subsection shall be
construed to deny, impair, or otherwise affect any right or authority
of the Attorney General, the United States, or any agency, officer, or
employee of the United States, acting under any law other than this
subsection, to institute or intervene in any proceeding.
SEC. 6. RULES OF CONSTRUCTION.
(a) Religious Belief Unaffected.--Nothing in this Act shall be
construed to authorize any government to burden any religious belief.
(b) Religious Exercise Not Regulated.--Nothing in this Act shall
create any basis--
(1) for restricting or burdening religious exercise; or
(2) for claims against a religious organization, including
any religiously affiliated school or institution of higher
education, not acting under color of law.
(c) Claims to Funding Unaffected.--Nothing in this Act shall create
or preclude a right of any religious organization to receive funding or
other assistance from a government, or of any person to receive
government funding for a religious activity, but this Act may require a
government to incur expenses in its own operations to avoid imposing a
substantial burden on religious exercise.
(d) Governmental Discretion in Alleviating Burdens on Religious
Exercise.--A government may avoid the preemptive force of any provision
of this Act by changing the policy or practice that results in a
substantial burden on religious exercise, by retaining the policy or
practice and exempting the substantially burdened religious exercise,
by providing exemptions from the policy or practice for applications
that substantially burden religious exercise, or by any other means
that eliminates the substantial burden.
(e) Effect on Other Law.--With respect to a claim brought under
this Act, proof that a substantial burden on a person's religious
exercise affects, or removal of that burden would affect, commerce with
foreign nations, among the several States, or with Indian Tribes, shall
not establish any inference or presumption that any religious exercise
is, or is not, subject to any law other than this Act.
(f) Broad Construction.--This Act shall be construed in favor of a
broad protection of religious exercise, to the maximum extent permitted
by the terms of this Act and the Constitution.
(g) No Preemption or Repeal.--Nothing in this Act shall be
construed to preempt State law, or repeal Federal law, that is equally
as protective of religious exercise as, or more protective of religious
exercise than, this Act.
(h) Severability.--If any provision of this Act or an amendment
made by this Act, or any application of such provision to any person or
circumstance, is held to be unconstitutional, the remainder of this Act
and the amendments made by this Act, and the application of the
provision to any other person or circumstance shall not be affected.
SEC. 7. ESTABLISHMENT CLAUSE UNAFFECTED.
Nothing in this Act shall be construed to affect, interpret, or in
any way address that portion of the First Amendment to the Constitution
prohibiting laws respecting an establishment of religion (referred to
in this section as the ``Establishment Clause''). Granting government
funding, benefits, or exemptions, to the extent permissible under the
Establishment Clause, shall not constitute a violation of this Act. In
this section, the term ``granting'', used with respect to government
funding, benefits, or exemptions, does not include the denial of
government funding, benefits, or exemptions.
SEC. 8. APPLICABILITY.
This Act applies to any COVID-19 vaccine mandate, whether adopted
before, on, or after the date of enactment of this Act.
<all>
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118S493
|
Securing the Visa Waiver Program Act of 2023
|
[
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]
] |
<html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 493 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 493
To amend the Immigration and Nationality Act to require Visa Waiver
Program countries to share watch list information about known or
suspected terrorists and to fully cooperate with United States law
enforcement entities in preventing and combating serious crime.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
February 16, 2023
Mr. Rubio (for himself and Mr. Cruz) 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 require Visa Waiver
Program countries to share watch list information about known or
suspected terrorists and to fully cooperate with United States law
enforcement entities in preventing and combating serious crime.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Securing the Visa Waiver Program Act
of 2023''.
SEC. 2. VISA WAIVER PROGRAM INFORMATION SHARING AGREEMENTS.
(a) In General.--Section 217(c)(2)(F) of the Immigration and
Nationality Act (8 U.S.C. 1187(c)(2)(F)) is amended to read as follows:
``(F) Information sharing agreements.--
``(i) Security threats.--The government of
the country enters into an agreement with the
United States to share information regarding
whether citizens and nationals of that country
traveling to the United States represent a
threat to the security or welfare of the United
States or its citizens, and fully implements
such agreement.
``(ii) Terrorist watch lists.--The
government of the country enters into an
agreement with the United States to share
thorough, accurate, and current information
about citizens and nationals of that country
who are known or appropriately suspected to be
or have been engaged in conduct constituting,
in preparation for, in aid of, or related to
terrorism, and fully implements such agreement.
``(iii) Enhancing cooperation in preventing
and combating serious crime.--The government of
the country enters into an agreement with the
United States to establish frameworks for
enhanced law enforcement cooperation, including
the exchange of biometric and biographic data
relating to citizens and nationals of that
country who have engaged in, or are
appropriately suspected of engaging in, an
aggravated felony, and sharing any relevant
underlying information for law enforcement
purposes, and fully implements such
agreement.''.
(b) Effect of Failure To Comply With Information Sharing
Agreements.--Section 217(c) of the Immigration and Nationality Act, as
amended by subsection (a), is further amended by adding at the end the
following:
``(13) Effect of failure to comply with information sharing
agreements.--
``(A) In general.--The Secretary of Homeland
Security shall immediately terminate the designation of
a country as a program country if such country fails to
comply with the requirements under subparagraph (D) or
(F) of paragraph (2) within--
``(i) the 3-month period beginning on the
date of the enactment of this paragraph, if
such country was a program country on such date
of enactment; or
``(ii) the 6-month period beginning on the
date on which such country became a program
country.
``(B) Eligibility to rejoin.--A program country
whose participation in the program is terminated
pursuant to subparagraph (A) may be permitted to rejoin
the program by producing evidence that the country has
come into compliance and continuously complied with
subparagraphs (D) and (F) of paragraph (2) for a
period, as determined by the Secretary of Homeland
Security, that is at least as long as the longer of--
``(i) the period during which the country
was out of compliance with such subparagraphs;
or
``(ii) the most recent 3-month period.''.
<all>
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118S494
|
Background Check Expansion Act
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<p><b>Background Check Expansion Act</b></p> <p>This bill establishes new background check requirements for firearm transfers between private parties (i.e., unlicensed individuals).</p> <p>Specifically, it prohibits a firearm transfer between private parties unless a licensed gun dealer, manufacturer, or importer first takes possession of the firearm to conduct a background check.</p> <p>The prohibition does not apply to certain firearm transfers, such as a gift between spouses in good faith.</p>
|
<html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 494 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 494
To require a background check for every firearm sale.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
February 16, 2023
Mr. Murphy (for himself, Ms. Baldwin, Mr. Bennet, Mr. Blumenthal, Mr.
Booker, Mr. Brown, Ms. Cantwell, Mr. Cardin, Mr. Carper, Mr. Casey, Mr.
Coons, Ms. Cortez Masto, Ms. Duckworth, Mr. Durbin, Mrs. Feinstein, Mr.
Fetterman, Mrs. Gillibrand, Ms. Hassan, Mr. Heinrich, Mr. Hickenlooper,
Ms. Hirono, Mr. Kaine, Mr. Kelly, Mr. King, Ms. Klobuchar, Mr. Lujan,
Mr. Markey, Mr. Menendez, Mr. Merkley, Mrs. Murray, Mr. Ossoff, Mr.
Padilla, Mr. Peters, Mr. Reed, Ms. Rosen, Mr. Sanders, Mr. Schatz, Mr.
Schumer, Mrs. Shaheen, Ms. Smith, Ms. Stabenow, Mr. Van Hollen, Mr.
Warner, Mr. Warnock, Ms. Warren, Mr. Welch, Mr. Whitehouse, and Mr.
Wyden) introduced the following bill; which was read twice and referred
to the Committee on the Judiciary
_______________________________________________________________________
A BILL
To require a background check for every firearm sale.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Background Check Expansion Act''.
SEC. 2. FIREARMS TRANSFERS.
(a) In General.--Section 922 of title 18, United States Code, is
amended by adding at the end the following:
``(aa)(1)(A) It shall be unlawful for any person who is not a
licensed importer, licensed manufacturer, or licensed dealer to
transfer a firearm to any other person who is not so licensed, unless a
licensed importer, licensed manufacturer, or licensed dealer has first
taken possession of the firearm for the purpose of complying with
subsection (t).
``(B) Upon taking possession of a firearm under subparagraph (A), a
licensee shall comply with all requirements of this chapter as if the
licensee were transferring the firearm from the inventory of the
licensee to the unlicensed transferee.
``(C) If a transfer of a firearm described in subparagraph (A) will
not be completed for any reason after a licensee takes possession of
the firearm (including because the transfer of the firearm to, or
receipt of the firearm by, the transferee would violate this chapter),
the return of the firearm to the transferor by the licensee shall not
constitute the transfer of a firearm for purposes of this chapter.
``(2) Paragraph (1) shall not apply to--
``(A) a law enforcement agency or any law enforcement
officer, armed private security professional, or member of the
Armed Forces, to the extent the officer, professional, or
member is acting within the course and scope of employment and
official duties;
``(B) a transfer that is a loan or bona fide gift between
spouses, between domestic partners, between parents and their
children, including step-parents and their step-children,
between siblings, between aunts or uncles and their nieces or
nephews, or between grandparents and their grandchildren;
``(C) a transfer to an executor, administrator, trustee, or
personal representative of an estate or a trust that occurs by
operation of law upon the death of another person;
``(D) a temporary transfer that is necessary to prevent
imminent death or great bodily harm, including harm to self,
family, household members, or others, if the possession by the
transferee lasts only as long as immediately necessary to
prevent the imminent death or great bodily harm, including the
harm of domestic violence, dating partner violence, sexual
assault, stalking, and domestic abuse;
``(E) a transfer that is approved by the Attorney General
under section 5812 of the Internal Revenue Code of 1986; or
``(F) a temporary transfer if the transferor has no reason
to believe that the transferee will use or intends to use the
firearm in a crime or is prohibited from possessing firearms
under State or Federal law, and the transfer takes place and
the transferee's possession of the firearm is exclusively--
``(i) at a shooting range or in a shooting gallery
or other area designated for the purpose of target
shooting;
``(ii) while reasonably necessary for the purposes
of hunting, trapping, or fishing, if the transferor--
``(I) has no reason to believe that the
transferee intends to use the firearm in a
place where it is illegal; and
``(II) has reason to believe that the
transferee will comply with all licensing and
permit requirements for such hunting, trapping,
or fishing; or
``(iii) while in the presence of the transferor.
``(3) It shall be unlawful for a licensed importer, licensed
manufacturer, or licensed dealer to transfer possession of, or title
to, a firearm to another person who is not so licensed unless the
importer, manufacturer, or dealer has provided such other person with a
notice of the prohibition under paragraph (1), and such other person
has certified that such other person has been provided with this notice
on a form prescribed by the Attorney General.''.
(b) Amendment to Section 924(a).--Section 924(a)(5) of title 18,
United States Code, is amended by striking ``(s) or (t)'' and inserting
``(s), (t), or (aa)''.
(c) Rules of Interpretation.--Nothing in this Act, or any amendment
made by this Act, shall be construed to--
(1) authorize the establishment, directly or indirectly, of
a national firearms registry; or
(2) interfere with the authority of a State, under section
927 of title 18, United States Code, to enact a law on the same
subject matter as this Act.
(d) Effective Date.--The amendments made by subsections (a) and (b)
shall take effect 180 days after the date of enactment of this Act.
<all>
</pre></body></html>
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}
|
118S495
|
Expanding Veterans’ Options for Long Term Care Act
|
[
[
"T000464",
"Sen. Tester, Jon [D-MT]",
"sponsor"
],
[
"M000934",
"Sen. Moran, Jerry [R-KS]",
"cosponsor"
],
[
"M001111",
"Sen. Murray, Patty [D-WA]",
"cosponsor"
],
[
"R000605",
"Sen. Rounds, Mike [R-SD]",
"cosponsor"
],
[
"K000383",
"Sen. King, Angus S., Jr. [I-ME]",
"cosponsor"
],
[
"C001035",
"Sen. Collins, Susan M. [R-ME]",
"cosponsor"
]
] |
<p><strong>Expanding Veterans' Options for Long Term Care Act</strong></p> <p>This bill requires the Department of Veterans Affairs (VA) to implement a three-year pilot program to assess the effectiveness of providing assisted living services to eligible veterans, including by assessing the satisfaction of veterans participating in the pilot program. Eligible veterans are those who (1) are eligible for assisted living services as determined by the VA; and (2) are already receiving nursing home level care paid for by the VA, are eligible for such care from the VA, or exceed the requirements for domiciliary care paid for by the VA but do not meet the requirements for nursing home level care paid for by the VA.</p> <p>The Inspector General of the VA must report to Congress on the pilot program, and the VA must submit a follow-up plan to address any deficiencies that are identified in the report.</p>
|
<html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 495 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 495
To require the Secretary of Veterans Affairs to carry out a pilot
program to provide assisted living services to eligible veterans, and
for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
February 16, 2023
Mr. Tester (for himself, Mr. Moran, Mrs. Murray, and Mr. Rounds)
introduced the following bill; which was read twice and referred to the
Committee on Veterans' Affairs
_______________________________________________________________________
A BILL
To require the Secretary of Veterans Affairs to carry out a pilot
program to provide assisted living services to eligible 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 ``Expanding Veterans' Options for Long
Term Care Act''.
SEC. 2. PILOT PROGRAM ON ASSISTED LIVING SERVICES FOR VETERANS.
(a) Program.--
(1) In general.--Beginning not later than one year after
the date of the enactment of this Act, the Secretary of
Veterans Affairs shall carry out a three-year pilot program to
assess--
(A) the effectiveness of providing assisted living
services to eligible veterans, at the election of such
veterans; and
(B) the satisfaction with the pilot program of
veterans participating in the pilot program.
(2) Extension.--The Secretary may extend the duration of
the pilot program under paragraph (1) for an additional three-
year period if the Secretary, based on the results of the
reports submitted under subsection (f), determines that it is
appropriate to do so.
(b) Program Locations.--
(1) Veterans integrated service networks.--
(A) In general.--The Secretary shall select not
fewer than six Veterans Integrated Service Networks of
the Department of Veterans Affairs at which to carry
out the pilot program under subsection (a)(1).
(B) Veterans receiving nursing home care.--The
Secretary shall ensure that not fewer than three
Veterans Integrated Service Networks selected under
subparagraph (A) serve regions with the top three
highest percentage of veterans who are currently
receiving nursing home care through the Department and
would be eligible to receive assisted living services
under the pilot program.
(2) Facilities.--
(A) In general.--Within the Veterans Integrated
Service Networks selected under paragraph (1), the
Secretary shall select facilities at which to carry out
the pilot program under subsection (a)(1).
(B) Selection criteria.--In selecting facilities
under subparagraph (A), the Secretary shall ensure
that--
(i) the locations of such facilities are in
geographically diverse areas;
(ii) not fewer than two such facilities
serve veterans in rural or highly rural areas
(as determined through the use of the Rural-
Urban Commuting Areas coding system of the
Department of Agriculture);
(iii) not fewer than one such facility is
located in each Veterans Integrated Service
Network selected under paragraph (1); and
(iv) not fewer than two such facilities are
State homes.
(c) Provision of Assisted Living Services.--
(1) Agreements.--In carrying out the pilot program under
subsection (a)(1), the Secretary may enter into agreements for
the provision of assisted living services on behalf of eligible
veterans with--
(A) a provider participating under a State plan or
waiver under title XIX of the Social Security Act (42
U.S.C. 1396 et seq.); or
(B) a State home recognized and certified under
subpart B of part 51 of title 38, Code of Federal
Regulations, or successor regulations.
(2) Standards.--The Secretary may not place, transfer, or
admit a veteran to any facility for assisted living services
under the pilot program under subsection (a)(1) unless the
Secretary determines that--
(A) the facility meets the standards for community
residential care established under sections 17.61
through 17.72 of title 38, Code of Federal Regulations,
or successor regulations, and any additional standards
of care as the Secretary may specify; or
(B) in the case of a facility that is a State home,
the State home meets such standards of care as the
Secretary may specify.
(3) Inspection.--The Secretary shall inspect facilities at
which veterans are placed under the pilot program under
subsection (a)(1)--
(A) with respect to a facility that is a State
home, not less frequently than annually and in the same
manner as the Secretary conducts inspection of State
homes under section 1742 of title 38, United States
Code; and
(B) with respect to any other facility, not less
frequently than annually and in the same manner as the
Secretary conducts inspection of facilities under
section 1730 of such title.
(4) Payment to certain facilities.--
(A) State homes.--In the case of a facility
participating in the pilot program under subsection
(a)(1) that is a State home, the Secretary shall pay to
the State home a per diem for each veteran
participating in the pilot program at a rate agreed to
by the Secretary and the State home.
(B) Community assisted living facilities.--In the
case of a facility participating in the pilot program
under subsection (a)(1) that is a community assisted
living facility, the Secretary shall--
(i) pay to the facility an amount that is
less than the average rate paid by the
Department for placement in a community nursing
home in the same Veterans Integrated Service
Network; and
(ii) re-evaluate payment rates annually to
account for current economic conditions and
current costs of assisted living services.
(d) Continuity of Care.--Upon the termination of the pilot program
under subsection (a)(1), the Secretary shall--
(1) provide to all veterans participating in the pilot
program at the time of such termination the option to continue
to receive assisted living services at the site they were
assigned to under the pilot program, at the expense of the
Department; and
(2) for such veterans who do not opt to continue to receive
such services--
(A) ensure such veterans do not experience lapses
in care; and
(B) provide such veterans with information on, and
enroll such veterans in, other extended care services
based on their preferences and best medical interest.
(e) Determination of Quality.--The Secretary shall determine a
method for assessment of quality of care provided to veterans
participating in the pilot program under subsection (a)(1) and shall
communicate that method to providers of services under the pilot
program.
(f) Annual Report.--Not later than one year after the initiation of
the pilot program under subsection (a)(1), and annually thereafter for
each year in which the pilot program is carried out, the Secretary
shall submit to the Committee on Veterans' Affairs of the Senate and
the Committee on Veterans' Affairs of the House of Representatives a
report on the pilot program, including--
(1) an identification of Veterans Integrated Services
Networks and facilities of the Department participating in the
pilot program and assisted living facilities and State homes at
which veterans are placed under the pilot program;
(2) the number of participants in the pilot program,
disaggregated by facility;
(3) general demographic information of participants in the
pilot program, including average age, gender, and race or
ethnicity;
(4) disability status of participants in the pilot program;
(5) an identification of any barriers or challenges to
enrolling veterans in the pilot program, conducting oversight
of the pilot program, or any other barriers or challenges;
(6) the cost of care at each assisted living facility and
State home participating in the pilot program, including an
analysis of any cost savings by the Department when comparing
that cost to the cost of nursing home care;
(7) aggregated feedback from participants in the pilot
program, including from veteran resident surveys and
interviews; and
(8) such other matters the Secretary considers appropriate.
(g) Final Report.--Not later than four years after the initiation
of the pilot program under subsection (a)(1), or not later than seven
years after the initiation of the pilot program if the pilot program is
extended under subsection (a)(2), the Secretary shall submit to the
Committee on Veterans' Affairs of the Senate and the Committee on
Veterans' Affairs of the House of Representatives a report on the pilot
program that--
(1) includes the matters required under paragraphs (1)
through (8) of subsection (f);
(2) includes recommendations on whether the model studied
in the pilot program should be continued or adopted throughout
the Department; and
(3) indicates whether the Secretary requests action by
Congress to make the pilot program permanent.
(h) Report by Inspector General.--
(1) In general.--Not later than three years after the
initiation of the pilot program under subsection (a)(1), the
Inspector General of the Department of Veterans Affairs shall
submit to the Secretary, the Committee on Veterans' Affairs of
the Senate, and the Committee on Veterans' Affairs of the House
of Representatives a report on the pilot program.
(2) Elements.--The report required by paragraph (1) shall
include an assessment of--
(A) the quality of care provided to veterans at
facilities participating in the pilot program, measured
pursuant to the method determined under subsection (e);
(B) the oversight of such facilities, as conducted
by the Department, the Centers for Medicare & Medicaid
Services, State agencies, and other relevant entities;
and
(C) such other matters as the Inspector General
considers appropriate.
(3) Follow-up.--Not later than 90 days after the submittal
of the report required by paragraph (1), the Secretary shall
submit to the Committee on Veterans' Affairs of the Senate and
the Committee on Veterans' Affairs of the House of
Representatives a plan to address the deficiencies identified
in the report, if any.
(i) Definitions.--In this section:
(1) Assisted living services.--The term ``assisted living
services'' means services of a facility in providing room,
board, and personal care for and supervision of residents for
their health, safety, and welfare.
(2) Eligible veteran.--The term ``eligible veteran'' means
a veteran who--
(A)(i) is already receiving nursing home level care
paid for by the Department;
(ii) is eligible to receive nursing home level care
paid for by the Department pursuant to section 1710A of
title 38, United States Code; or
(iii) requires a higher level of care than the
domiciliary care provided by the Department but does
not meet the requirements for nursing home level care
provided by the Department pursuant to such section;
and
(B)(i) is eligible for assisted living services, as
determined by the Secretary; or
(ii) meets such additional criteria for eligibility
for the pilot program under subsection (a)(1) as the
Secretary may establish.
(3) State home.--The term ``State home'' has the meaning
given that term in section 101(19) of title 38, United States
Code.
<all>
</pre></body></html>
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118S496
|
Respect for Workers Act
|
[
[
"R000122",
"Sen. Reed, Jack [D-RI]",
"sponsor"
],
[
"B000944",
"Sen. Brown, Sherrod [D-OH]",
"cosponsor"
],
[
"W000817",
"Sen. Warren, Elizabeth [D-MA]",
"cosponsor"
],
[
"V000128",
"Sen. Van Hollen, Chris [D-MD]",
"cosponsor"
],
[
"B001288",
"Sen. Booker, Cory A. [D-NJ]",
"cosponsor"
],
[
"W000802",
"Sen. Whitehouse, Sheldon [D-RI]",
"cosponsor"
],
[
"B001230",
"Sen. Baldwin, Tammy [D-WI]",
"cosponsor"
],
[
"P000145",
"Sen. Padilla, Alex [D-CA]",
"cosponsor"
],
[
"M001176",
"Sen. Merkley, Jeff [D-OR]",
"cosponsor"
],
[
"C001070",
"Sen. Casey, Robert P., Jr. [D-PA]",
"cosponsor"
]
] |
<p><strong>Respect for Workers Act </strong></p> <p>This bill requires at least one member of the Board of Governors of the Federal Reserve System to have experience supporting or protecting the rights of workers. This member is in charge of developing policy recommendations regarding the board's goal of maximum employment. (The board is made up of seven members that are nominated by the President and confirmed by the Senate. Members serve 14-year terms, with one term beginning every two years.) </p> <p>The bill also requires the board to discuss in their semiannual report the distributional effect of monetary policy.</p>
|
<html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 496 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 496
To amend the Federal Reserve Act to reaffirm the importance of workers.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
February 16, 2023
Mr. Reed (for himself, Mr. Brown, Ms. Warren, Mr. Van Hollen, Mr.
Booker, Mr. Whitehouse, Ms. Baldwin, Mr. Padilla, Mr. Merkley, and Mr.
Casey) introduced the following bill; which was read twice and referred
to the Committee on Banking, Housing, and Urban Affairs
_______________________________________________________________________
A BILL
To amend the Federal Reserve Act to reaffirm the importance of workers.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Respect for Workers Act''.
SEC. 2. BOARD OF GOVERNORS OF THE FEDERAL RESERVE SYSTEM.
The Federal Reserve Act (12 U.S.C. 221 et seq.) is amended--
(1) in section 2B(b) (12 U.S.C. 225b(b)), by inserting
``and distributional effect'' after ``conduct''; and
(2) in section 10 (12 U.S.C. 241), in the third sentence of
the first undesignated paragraph, by inserting ``and at least 1
member with demonstrated primary experience in supporting or
protecting the rights of workers, who shall be the lead member
of the Board in charge of promoting effectively and developing
policy recommendations for the Board to meet the goal of
maximum employment described in section 2A'' before the period
at the end.
SEC. 3. APPLICABILITY.
The amendment made by section 2(2) shall apply to any appointment
to the Board of Governors of the Federal Reserve System made on or
after the date of enactment of this Act.
<all>
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118S497
|
Military Family Nutrition Access Act of 2023
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] |
<p><b>Military Family Nutrition Access Act of 2023</b></p> <p>This bill excludes military housing allowances from income when determining eligibility for the Supplemental Nutrition Assistance Program (SNAP).</p>
|
<html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 497 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 497
To amend the Food and Nutrition Act of 2008 to exclude a basic
allowance for housing from income for purposes of eligibility for the
supplemental nutrition assistance program.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
February 16, 2023
Ms. Duckworth (for herself, Ms. Murkowski, Mr. King, Mr. Blumenthal,
Mrs. Gillibrand, Mr. Warnock, Mr. Bennet, Mr. Welch, Ms. Baldwin, Ms.
Klobuchar, Mr. Durbin, Mr. Booker, Mr. Fetterman, Mr. Tester, and Mrs.
Murray) 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 exclude a basic
allowance for housing from income for purposes of eligibility for the
supplemental nutrition assistance program.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Military Family Nutrition Access Act
of 2023''.
SEC. 2. EXCLUSION OF BASIC ALLOWANCE FOR HOUSING FROM INCOME.
Section 5(d) of the Food and Nutrition Act of 2008 (7 U.S.C.
2014(d)) is amended--
(1) in paragraph (18), by striking ``and'' at the end;
(2) in paragraph (19)(B), by striking the period at the end
and inserting ``; and''; and
(3) by adding at the end the following:
``(20) a basic allowance for housing paid to a member of a
uniformed service under section 403 of title 37, United States
Code.''.
<all>
</pre></body></html>
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118S498
|
Veteran Education Empowerment Act
|
[
[
"R000608",
"Sen. Rosen, Jacky [D-NV]",
"sponsor"
],
[
"R000595",
"Sen. Rubio, Marco [R-FL]",
"cosponsor"
]
] |
<p><strong>Veteran Education Empowerment Act</strong></p> <p>This bill reauthorizes through FY2031 and otherwise revises a Department of Education (ED) grant program for student veteran centers. <p>Specifically, ED must make grants to institutions of higher education (IHEs) or consortia of IHEs to establish, maintain, improve, or operate a student veteran center. A student veteran center is a dedicated space on a campus that provides students who are veterans or members of the Armed Forces with (1) a lounge or meeting space for themselves, their spouses or partners, their children, and veterans in the community; and (2) a centralized office for student veteran services that serves as a single point of contact to coordinate comprehensive support services for student veterans.
|
<html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 498 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 498
To reauthorize and improve a grant program to assist institutions of
higher education in establishing, maintaining, improving, and operating
Student Veteran Centers.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
February 16, 2023
Ms. Rosen (for herself and Mr. Rubio) introduced the following bill;
which was read twice and referred to the Committee on Veterans' Affairs
_______________________________________________________________________
A BILL
To reauthorize and improve a grant program to assist institutions of
higher education in establishing, maintaining, improving, and operating
Student Veteran Centers.
Be it enacted by the Senate 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 Education Empowerment Act''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) More than 1,000,000 veterans attend institutions of
higher education each year.
(2) Veterans face unique challenges in transitioning from
the battlefield to the classroom and eventually to the
workforce, including: age differences, family obligations,
significant time away from academic life, and service-related
disabilities.
(3) The National Education Association found that student
veterans can feel lonely and vulnerable on campus and that
``connecting student veterans can effectively ease this
isolation'' by bringing together new student veterans with
those who have already successfully navigated the first few
semesters of college.
(4) According to Mission United--a United Way program that
helps veterans re-acclimate to civilian life--it is often
``essential'' for student veterans to be mentored by ``another
veteran who understands their mindset and experience''.
(5) Student Veteran Centers are recognized as an
institutional best practice by Student Veterans of America.
(6) The American Council on Education, which represents
more than 1,700 institutions of higher education across the
United States, has called having a dedicated space for veterans
on campus ``a promising way for colleges and universities to
better serve veterans on campus'' and a ``critical'' component
of many colleges' efforts to serve their student veterans.
(7) The Department of Education included as one of its 8
Keys to Veterans' Success that colleges and universities should
``coordinate and centralize campus efforts for all veterans,
together with the creation of a designated space for them''.
(8) Budget constraints often make it difficult or
impossible for institutions of higher education to dedicate
space to veteran offices, lounges, or student centers.
(9) The 110th Congress authorized the funding of Student
Veteran Centers through the Centers of Excellence for Veteran
Student Success under part T of title VIII of the Higher
Education Act of 1965 (20 U.S.C. 1161t). Congress also chose to
appropriate funding for this program in subsequent years, most
recently for fiscal year 2023 under the Consolidated
Appropriations Act, 2023 (Public Law 117-328).
(10) According to the Department of Education, federally
funded Student Veteran Centers and staff have generated
improved recruitment, retention, and graduation rates, have
helped student veterans feel better connected across campus,
and have directly contributed to the successful academic
outcomes of student veterans.
SEC. 3. GRANT PROGRAM TO ESTABLISH, MAINTAIN, AND IMPROVE STUDENT
VETERAN CENTERS.
Part T of title VIII of the Higher Education Act of 1965 (20 U.S.C.
1161t) is amended to read as follows:
``PART T--GRANTS FOR STUDENT VETERAN CENTERS
``SEC. 873. GRANTS FOR STUDENT VETERAN CENTERS.
``(a) Grants Authorized.--Subject to the availability of
appropriations under subsection (h), the Secretary shall award grants
to institutions of higher education or consortia of institutions of
higher education to assist in the establishment, maintenance,
improvement, and operation of Student Veteran Centers.
``(b) Eligibility.--
``(1) Application.--An institution or consortium seeking a
grant under subsection (a) shall submit to the Secretary an
application at such time, in such manner, and containing such
information as the Secretary may require.
``(2) Criteria.--The Secretary may award a grant under
subsection (a) to an institution or a consortium if the
institution or consortium meets each of the following criteria:
``(A) The institution or consortium enrolls in
undergraduate or graduate courses--
``(i) a significant number of student
veterans, members of the Armed Forces serving
on active duty, or members of a reserve
component of the Armed Forces; or
``(ii) a significant percentage of student
veterans, members of the Armed Forces serving
on active duty, or members of a reserve
component of the Armed Forces,
as measured by comparing, for the most recent academic year for
which data are available, the number or percentage of student
veterans, members of the Armed Forces serving on active duty,
and members of a reserve component of the Armed Forces who are
enrolled in undergraduate or graduate courses at the
institution or consortium, with the average number or
percentage of student veterans, members of the Armed Forces
serving on active duty, and members of a reserve component of
the Armed Forces who were enrolled in undergraduate or graduate
courses at comparable institutions or consortia of
institutions.
``(B) The institution or consortium presents a
sustainability plan to demonstrate that the Student
Veteran Center will be maintained and will continue to
operate after the grant period has ended.
``(3) Selection criteria.--In awarding grants under
subsection (a), the Secretary shall provide the following:
``(A) Priority consideration to institutions or
consortia that meet one or more of the following
criteria:
``(i) The institution or consortium is
located in a region or community that has a
significant population of veterans.
``(ii) The institution or consortium
considers the need to serve student veterans at
a wide range of institutions of higher
education, including the need to provide
equitable distribution of grants to
institutions of various sizes, geographic
locations, and institutions in urban and rural
areas.
``(iii) The institution or consortium
carries out programs or activities that assist
veterans in the local community, and the
spouses or partners and children of student
veterans.
``(iv) The institution or consortium
partners in its veteran-specific programming
with nonprofit veteran service organizations,
local workforce development organizations, or
other institutions of higher education.
``(v) The institution or consortium commits
to hiring a staff at the Student Veteran Center
that includes veterans (including student
veteran volunteers and student veterans
participating in a Federal work-study program
under part C of title IV, a work-study program
administered by the Secretary of Veteran
Affairs, or a State work-study program).
``(vi) The institution or consortium
commits to providing an orientation for student
veterans that--
``(I) is separate from the new
student orientation provided by the
institution or consortium; and
``(II) provides student veterans
with information on the benefits and
resources available to such students at
or through the institution or
consortium.
``(vii) The institution or consortium
commits to using a portion of the grant
received under this section to develop or
maintain a student veteran retention program
carried out by the Student Veteran Center.
``(viii) The institution or consortium
commits to providing mental health counseling
to its student veterans (and the spouses or
partners and children of such students).
``(B) Equitable distribution of such grants to
institutions or consortia of various sizes, geographic
locations, and in urban and rural areas.
``(c) Use of Funds.--
``(1) In general.--An institution or consortium that is
awarded a grant under subsection (a) shall use such grant to
establish, maintain, improve, or operate a Student Veteran
Center.
``(2) Other allowable uses.--An institution or consortium
receiving a grant under subsection (a) may use a portion of
such grant to carry out supportive instruction services for
student veterans, including--
``(A) assistance with special admissions and
transfer of credit from previous postsecondary
education or experience; and
``(B) any other support services the institution or
consortium determines to be necessary to ensure the
success of student veterans in achieving education and
career goals.
``(d) Amounts Awarded.--
``(1) Duration.--Each grant awarded under subsection (a)
shall be for a 4-year period.
``(2) Total amount of grant and schedule.--Each grant
awarded under subsection (a) may not exceed a total of
$500,000. The Secretary shall disburse to an institution or
consortium the amount awarded under the grant in such amounts
and at such times during the grant period as the Secretary
determines appropriate.
``(e) Report.--From the amounts appropriated to carry out this
section, and not later than 3 years after the date on which the first
grant is awarded under subsection (a), the Secretary shall submit to
Congress a report on the grant program established under subsection
(a), including--
``(1) the number of grants awarded;
``(2) the institutions of higher education and consortia
that have received grants;
``(3) with respect to each such institution of higher
education and consortium--
``(A) the amounts awarded;
``(B) how such institution or consortium used such
amounts;
``(C) a description of the demographics of student
veterans (and spouses or partners and children of such
students) to whom services were offered as a result of
the award, including students who are women and belong
to minority groups;
``(D) the number of student veterans (and spouses
or partners and children of such students) to whom
services were offered as a result of the award, and a
description of the services that were offered and
provided; and
``(E) data enumerating whether the use of the
amounts awarded helped student veterans at the
institution or consortium toward completion of a
degree, certificate, or credential;
``(4) best practices for student veteran success,
identified by reviewing data provided by institutions and
consortia that received a grant under this section; and
``(5) a determination by the Secretary with respect to
whether the grant program under this section should be extended
or expanded.
``(f) Department of Education Best Practices Website.--Subject to
the availability of appropriations under subsection (h) and not later
than 3 years after the date on which the first grant is awarded under
subsection (a), the Secretary shall develop and implement a website for
Student Veteran Centers at institutions of higher education, which
details best practices for serving student veterans at institutions of
higher education.
``(g) Definitions.--In this section:
``(1) Institution of higher education.--The term
`institution of higher education' has the meaning given the
term in section 101.
``(2) Student veteran center.--The term `Student Veteran
Center' means a dedicated space on a campus of an institution
of higher education that provides students who are veterans,
members of the Armed Forces serving on active duty, or members
of a reserve component of the Armed Forces with the following:
``(A) A lounge or meeting space for such student
veterans (and the spouses or partners and children of
such students), and veterans in the community.
``(B) A centralized office for student veteran
services that--
``(i) is a single point of contact to
coordinate comprehensive support services for
student veterans;
``(ii) is staffed by trained employees and
volunteers, which includes veterans and at
least one full-time employee or volunteer who
is trained as a veterans' benefits counselor;
``(iii) provides student veterans with
assistance relating to--
``(I) transitioning from the
military to student life;
``(II) transitioning from the
military to the civilian workforce;
``(III) networking with other
student veterans and veterans in the
community;
``(IV) understanding and obtaining
benefits provided by the institution of
higher education, Federal Government,
and State for which such students may
be eligible;
``(V) understanding how to succeed
in the institution of higher education,
including by understanding academic
policies, the course selection process,
and institutional policies and
practices related to the transfer of
academic credits; and
``(VI) understanding disability-
related rights and protections under
the Americans with Disabilities Act of
1990 (42 U.S.C. 12101 et seq.) and
section 504 of the Rehabilitation Act
of 1973 (29 U.S.C. 794); and
``(iv) provides comprehensive academic and
tutoring services for student veterans,
including peer-to-peer tutoring and academic
mentorship.
``(h) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this part such sums as may be necessary for
fiscal year 2024 and each of the 7 succeeding fiscal years.''.
<all>
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[
"Education",
"Congressional oversight",
"Disability and paralysis",
"Education programs funding",
"Higher education",
"Military personnel and dependents",
"National Guard and reserves",
"Teaching, teachers, curricula",
"Veterans' education, employment, rehabilitation"
] |
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118S499
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Debbie Smith Act of 2023
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<html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 499 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 499
To amend the DNA Analysis Backlog Elimination Act of 2000 to
reauthorize the Debbie Smith DNA Backlog Grant Program, and for other
purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
February 16, 2023
Mr. Cornyn (for himself, Mrs. Feinstein, Mr. Graham, Ms. Klobuchar, Mr.
Crapo, Mr. Durbin, Mr. Kennedy, Mr. Blumenthal, Mr. Grassley, Ms.
Cortez Masto, Ms. Ernst, Mrs. Shaheen, Mrs. Blackburn, Mr. Coons, Ms.
Cantwell, and Mr. Tillis) introduced the following bill; which was read
twice and referred to the Committee on the Judiciary
_______________________________________________________________________
A BILL
To amend the DNA Analysis Backlog Elimination Act of 2000 to
reauthorize the Debbie Smith DNA Backlog Grant Program, and for other
purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Debbie Smith Act of 2023''.
SEC. 2. REAUTHORIZATION.
Section 2(j) of the DNA Analysis Backlog Elimination Act of 2000
(34 U.S.C. 40701(j)) is amended by striking ``fiscal years 2019 through
2024'' and inserting ``fiscal years 2024 through 2029''.
<all>
</pre></body></html>
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|
|
118S50
|
Pensacola and Perdido Bays Estuary of National Significance Act of 2023
|
[
[
"R000595",
"Sen. Rubio, Marco [R-FL]",
"sponsor"
],
[
"S001217",
"Sen. Scott, Rick [R-FL]",
"cosponsor"
]
] |
<p><b>Pensacola and Perdido Bays Estuary of National Significance Act of 2023</b></p> <p>This bill revises the National Estuary Program to require the Environmental Protection Agency (EPA) to give priority consideration to selecting the Pensacola and Perdido Bays in Florida and Alabama as estuaries of national significance. Under the existing program, the EPA protects and restores the water quality and ecological integrity of estuaries of national significance.</p>
|
<html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 50 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 50
To amend the Federal Water Pollution Control Act to require the
Administrator of the Environmental Protection Agency to give priority
consideration to selecting Pensacola and Perdido Bays as an estuary of
national significance, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
January 24 (legislative day, January 3), 2023
Mr. Rubio (for himself and Mr. Scott of Florida) introduced the
following bill; which was read twice and referred to the Committee on
Environment and Public Works
_______________________________________________________________________
A BILL
To amend the Federal Water Pollution Control Act to require the
Administrator of the Environmental Protection Agency to give priority
consideration to selecting Pensacola and Perdido Bays as an estuary of
national significance, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Pensacola and Perdido Bays Estuary
of National Significance Act of 2023''.
SEC. 2. PENSACOLA AND PERDIDO BAYS.
Section 320(a)(2)(B) of the Federal Water Pollution Control Act (33
U.S.C. 1330(a)(2)(B)) is amended by striking ``and Lower Columbia
River, Oregon and Washington'' and inserting ``Lower Columbia River,
Oregon and Washington; and Pensacola and Perdido Bays, Florida and
Alabama''.
<all>
</pre></body></html>
|
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|
118S500
|
Eliminating Leftover Expenses for Campaigns from Taxpayers (ELECT) Act of 2023
|
[
[
"E000295",
"Sen. Ernst, Joni [R-IA]",
"sponsor"
]
] |
<p><b>Eliminating Leftover Expenses for Campaigns from Taxpayers (ELECT) Act of 2023</b></p> <p>This bill terminates (1) the taxpayer election to designate $3 of income tax liability for financing of presidential election campaigns, (2) the Presidential Election Campaign Fund, and (3) the Presidential Primary Matching Payment Account. The Department of the Treasury must transfer funds remaining in the Presidential Election Campaign Fund to the treasury for the sole purpose of reducing the deficit.</p>
|
<html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 500 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 500
To reduce Federal spending and the deficit by terminating taxpayer
financing of Presidential election campaigns.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
February 16, 2023
Ms. Ernst introduced the following bill; which was read twice and
referred to the Committee on Finance
_______________________________________________________________________
A BILL
To reduce Federal spending and the deficit by terminating taxpayer
financing of Presidential election campaigns.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Eliminating Leftover Expenses for
Campaigns from Taxpayers (ELECT) Act of 2023''.
SEC. 2. TERMINATION OF TAXPAYER FINANCING OF PRESIDENTIAL ELECTION
CAMPAIGNS.
(a) Termination of Designation of Income Tax Payments.--Section
6096 of the Internal Revenue Code of 1986 is amended by adding at the
end the following new subsection:
``(d) Termination.--This section shall not apply to taxable years
beginning after December 31, 2022.''.
(b) Termination of Fund and Account.--
(1) Termination of presidential election campaign fund.--
(A) In general.--Chapter 95 of subtitle H of such
Code is amended by adding at the end the following new
section:
``SEC. 9013. TERMINATION.
``The provisions of this chapter shall not apply with respect to
any Presidential election (or any Presidential nominating convention)
after the date of the enactment of this section, or to any candidate in
such an election.''.
(B) Transfer of remaining funds.--Section 9006 of
such Code is amended by adding at the end the following
new subsection:
``(d) Transfer of Funds Remaining After Termination.--The Secretary
shall transfer the amounts in the fund as of the date of the enactment
of this subsection to the general fund of the Treasury, to be used only
for reducing the deficit.''.
(2) Termination of account.--Chapter 96 of subtitle H of
such Code is amended by adding at the end the following new
section:
``SEC. 9043. TERMINATION.
``The provisions of this chapter shall not apply to any candidate
with respect to any Presidential election after the date of the
enactment of this section.''.
(c) Clerical Amendments.--
(1) The table of sections for chapter 95 of subtitle H of
such Code is amended by adding at the end the following new
item:
``Sec. 9013. Termination.''.
(2) The table of sections for chapter 96 of subtitle H of
such Code is amended by adding at the end the following new
item:
``Sec. 9043. Termination.''.
<all>
</pre></body></html>
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118S501
|
Presidential Allowance Modernization Act of 2023
|
[
[
"E000295",
"Sen. Ernst, Joni [R-IA]",
"sponsor"
],
[
"H001076",
"Sen. Hassan, Margaret Wood [D-NH]",
"cosponsor"
],
[
"B001310",
"Sen. Braun, Mike [R-IN]",
"cosponsor"
]
] |
<p><strong>Presidential Allowance Modernization Act of 2023</strong></p> <p>This bill replaces provisions governing the compensation provided to a former President. </p> <p>Each former President shall receive from the United States (1) an annuity of $200,000 per year for the remainder of his or her life, and (2) a monetary allowance of $200,000 per year. Such allowance shall be reduced by the amount the former President's earned income exceeds $400,000. These monetary amounts are subject to a cost-of-living increase.</p> <p>The bill increases and provides for cost-of-living adjustments to the monetary allowance for surviving spouses of former Presidents.</p>
|
<html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 501 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 501
To amend the Act of August 25, 1958, commonly known as the ``Former
Presidents Act of 1958'', with respect to the monetary allowance
payable to a former President, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
February 16, 2023
Ms. Ernst (for herself and Ms. Hassan) introduced the following bill;
which was read twice and referred to the Committee on Homeland Security
and Governmental Affairs
_______________________________________________________________________
A BILL
To amend the Act of August 25, 1958, commonly known as the ``Former
Presidents Act of 1958'', with respect to the monetary allowance
payable to a former President, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Presidential Allowance Modernization
Act of 2023''.
SEC. 2. AMENDMENTS.
(a) Former Presidents.--The first section of the Act entitled ``An
Act to provide retirement, clerical assistants, and free mailing
privileges to former Presidents of the United States, and for other
purposes'', approved August 25, 1958 (commonly known, and referred to
in this Act, as the ``Former Presidents Act of 1958'') (3 U.S.C. 102
note), is amended by striking the matter preceding subsection (e) and
inserting the following:
``(a) Annuities and Allowances.--
``(1) Annuity.--Each former President shall be entitled for
the remainder of his or her life to receive from the United
States an annuity at the rate of $200,000 per year, subject to
subsections (b)(2) and (c), to be paid by the Secretary of the
Treasury.
``(2) Allowance.--The Administrator of General Services is
authorized to provide each former President a monetary
allowance at the rate of $200,000 per year, subject to the
availability of appropriations and subsections (b)(2), (c), and
(d).
``(b) Duration; Frequency.--
``(1) In general.--The annuity and allowance under
subsection (a) shall each--
``(A) commence on the day after the date on which
an individual becomes a former President;
``(B) terminate on the date on which the former
President dies; and
``(C) be payable on a monthly basis.
``(2) Appointive or elective positions.--The annuity and
allowance under subsection (a) shall not be payable for any
period during which a former President holds an appointive or
elective position in or under the Federal Government to which
is attached a rate of pay other than a nominal rate.
``(c) Cost-of-Living Increases.--Effective December 1 of each year,
each annuity and allowance under subsection (a) that commenced before
that date shall be increased by the same percentage by which benefit
amounts under title II of the Social Security Act (42 U.S.C. 401 et
seq.) are increased, effective as of that date, as a result of a
determination under section 215(i) of that Act (42 U.S.C. 415(i)).
``(d) Limitation on Monetary Allowance.--
``(1) In general.--Notwithstanding any other provision of
this section, the monetary allowance payable under subsection
(a)(2) to a former President for any 12-month period--
``(A) except as provided in subparagraph (B), may
not exceed the amount by which--
``(i) the monetary allowance that (but for
this subsection) would otherwise be so payable
for such 12-month period, exceeds (if at all)
``(ii) the applicable reduction amount for
such 12-month period; and
``(B) shall not be less than the amount determined
under paragraph (4).
``(2) Definition.--
``(A) In general.--For purposes of paragraph (1),
the term `applicable reduction amount' means, with
respect to any former President and in connection with
any 12-month period, the amount by which--
``(i) the sum of--
``(I) the adjusted gross income (as
defined in section 62 of the Internal
Revenue Code of 1986) of the former
President for the most recent taxable
year for which a tax return is
available; and
``(II) any interest excluded from
the gross income of the former
President under section 103 of such
Code for such taxable year, exceeds (if
at all)
``(ii) $400,000, subject to subparagraph
(C).
``(B) Joint returns.--In the case of a joint
return, subclauses (I) and (II) of subparagraph (A)(i)
shall be applied by taking into account both the
amounts properly allocable to the former President and
the amounts properly allocable to the spouse of the
former President.
``(C) Cost-of-living increases.--The dollar amount
specified in subparagraph (A)(ii) shall be adjusted at
the same time that, and by the same percentage by
which, the monetary allowance of the former President
is increased under subsection (c) (disregarding this
subsection).
``(3) Disclosure requirement.--
``(A) Definitions.--In this paragraph--
``(i) the terms `return' and `return
information' have the meanings given those
terms in section 6103(b) of the Internal
Revenue Code of 1986; and
``(ii) the term `Secretary' means the
Secretary of the Treasury or the Secretary of
the Treasury's delegate.
``(B) Requirement.--A former President may not
receive a monetary allowance under subsection (a)(2)
unless the former President discloses to the Secretary,
upon the request of the Secretary, any return or return
information of the former President or spouse of the
former President that the Secretary determines is
necessary for purposes of calculating the applicable
reduction amount under paragraph (2) of this
subsection.
``(C) Confidentiality.--Except as provided in
section 6103 of the Internal Revenue Code of 1986 and
notwithstanding any other provision of law, the
Secretary may not, with respect to a return or return
information disclosed to the Secretary under
subparagraph (B)--
``(i) disclose the return or return
information to any entity or person; or
``(ii) use the return or return information
for any purpose other than to calculate the
applicable reduction amount under paragraph
(2).
``(4) Increased costs due to security needs.--With respect
to the monetary allowance that would be payable to a former
President under subsection (a)(2) for any 12-month period but
for the limitation under paragraph (1) of this subsection, the
Administrator of General Services, in coordination with the
Director of the United States Secret Service, shall determine
the amount of the allowance that is needed to pay the increased
cost of doing business that is attributable to the security
needs of the former President.''.
(b) Surviving Spouses of Former Presidents.--
(1) Increase in amount of monetary allowance.--Subsection
(e) of the first section of the Former Presidents Act of 1958
is amended--
(A) in the first sentence, by striking ``$20,000
per annum,'' and inserting ``$100,000 per year (subject
to paragraph (4)),''; and
(B) in the second sentence--
(i) in paragraph (2)(B), by striking
``and'' at the end;
(ii) in paragraph (3)--
(I) by striking ``or the government
of the District of Columbia''; and
(II) by striking the period and
inserting ``; and''; and
(iii) by inserting after paragraph (3) the
following:
``(4) shall, after its commencement date, be increased at
the same time that, and by the same percentage by which,
annuities of former Presidents are increased under subsection
(c).''.
(2) Coverage of widower of a former president.--Subsection
(e) of the first section of the Former Presidents Act of 1958,
as amended by paragraph (1), is amended--
(A) by striking ``widow'' each place that term
appears and inserting ``widow or widower''; and
(B) by striking ``she'' and inserting ``she or
he''.
(c) Subsection Headings.--The first section of the Former
Presidents Act of 1958 is amended--
(1) in subsection (e), by inserting after the subsection
enumerator the following: ``Widows and Widowers.--'';
(2) in subsection (f), by inserting after the subsection
enumerator the following: ``Definition.--''; and
(3) in subsection (g), by inserting after the subsection
enumerator the following: ``Authorization of Appropriations.--
''.
SEC. 3. RULE OF CONSTRUCTION.
Nothing in this Act or an amendment made by this Act shall be
construed to affect--
(1) any provision of law relating to the security or
protection of a former President or a member of the family of a
former President; or
(2) funding, under the Former Presidents Act of 1958 or any
other law, to carry out any provision of law described in
paragraph (1).
SEC. 4. APPLICABILITY.
This Act and the amendments made by this Act shall not apply to--
(1) any individual who is a former President on the date of
enactment of this Act; or
(2) the widow or widower of an individual described in
paragraph (1).
<all>
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118S502
|
Healthy Dog Importation Act
|
[
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"G000386",
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[
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"Sen. Smith, Tina [D-MN]",
"cosponsor"
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[
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"cosponsor"
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[
"R000605",
"Sen. Rounds, Mike [R-SD]",
"cosponsor"
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<p><b>Healthy Dog Importation Act </b></p> <p>This bill imposes requirements on the importation of live dogs.</p> <p>Specifically, the bill prohibits the importation of a live dog into the United States unless the Department of Agriculture (USDA) determines the dog (1) is in good health; (2) has received all necessary vaccinations, internal and external parasite treatment, and demonstrated negative test results as evidenced by a certificate from a licensed veterinarian; and (3) is officially identified by a permanent method approved by USDA. Additionally, dogs entering the United States for transfer must be at least six months of age and accompanied by a USDA permit. <em>Transfer</em> is defined as a change of ownership or control of an imported dog to another person, including by sale, adoption, exchange, or donation.</p> <p>USDA must provide an exception to any requirements under the bill for dogs that are transferred for (1) research purposes; (2) veterinary treatment under certain conditions, including appropriate quarantining; or (3) lawful importation into the state of Hawaii if the dog is not transported out of Hawaii for transfer at less than six months of age. </p> <p>USDA also has enforcement authority under the bill.</p>
|
<html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 502 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 502
To amend the Animal Health Protection Act with respect to the
importation of live dogs, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
February 16, 2023
Mr. Grassley (for himself, Ms. Smith, Mr. Risch, Mr. Warnock, Mr.
Marshall, and Mrs. Gillibrand) introduced the following bill; which was
read twice and referred to the Committee on Agriculture, Nutrition, and
Forestry
_______________________________________________________________________
A BILL
To amend the Animal Health Protection Act with respect to the
importation of live dogs, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Healthy Dog Importation Act''.
SEC. 2. IMPORTATION OF LIVE DOGS.
(a) In General.--The Animal Health Protection Act is amended by
inserting after section 10404 (7 U.S.C. 8303) the following:
``SEC. 10404A. IMPORTATION OF LIVE DOGS.
``(a) Definitions.--In this section:
``(1) Importer.--The term `importer' means any person who
transports or causes the transportation of a dog into the
United States from a foreign country.
``(2) Transfer.--The term `transfer' means a change of
ownership or control of an imported dog to another person,
including by sale, adoption, exchange, or donation.
``(b) Requirements.--
``(1) In general.--Except as provided in paragraph (3), no
person shall import a dog into the United States unless, as
determined by the Secretary, the dog--
``(A) is in good health;
``(B) has received all necessary vaccinations and
internal and external parasite treatment and
demonstrated negative test results, as required by the
Secretary and evidenced by a certificate that--
``(i) is issued by a licensed veterinarian
accredited by a competent veterinary authority
recognized by the Secretary; and
``(ii) is endorsed by that authority in a
manner representing that the veterinarian
issuing the certificate was authorized to do
so; and
``(C) is officially identified by a permanent
method approved by the Secretary.
``(2) Transfer.--Except as provided in paragraph (3), no
person shall import or cause the transportation of a dog into
the United States from a foreign country for the purpose of
transfer unless, as determined by the Secretary, the dog--
``(A) meets the criteria described in paragraph
(1);
``(B) is at least 6 months old; and
``(C) is accompanied by an import permit issued by
the Secretary under this Act.
``(3) Exceptions.--The Secretary, by regulation, shall
provide an exception to any requirement under this Act in any
case in which a dog is imported for purposes of transfer for--
``(A) research purposes;
``(B) veterinary treatment, paid for by the
importer, subject to the condition that the dog--
``(i) is taken directly to a veterinary
facility for treatment with appropriate
quarantine until the dog meets the criteria
described in paragraph (1); and
``(ii) is then exported to its country of
origin; or
``(C) in the case of a dog that is less than 6
months old, lawful importation into the State of Hawaii
in compliance with the regulations of the State of
Hawaii and the other requirements of this section, if
the dog is not transported out of the State of Hawaii
for transfer at less than 6 months of age.
``(c) Implementation and Regulations.--The Secretary, the Secretary
of Health and Human Services, the Secretary of Commerce, and the
Secretary of Homeland Security shall--
``(1) promulgate such regulations as the Secretaries
determine to be necessary to implement and enforce this
section;
``(2)(A) facilitate electronic submission of all required
documentation prior to the arrival of a dog into the United
States; and
``(B) make the information in the documentation submitted
under subparagraph (A) available to the Secretary, the
Secretary of Health and Human Services, the Secretary of
Commerce, and the Secretary of Homeland Security, as
applicable, for verification that all applicable importation
requirements are met; and
``(3) determine and establish such fees for the issuance of
permits with respect to dog importation as are necessary to
fund the implementation and enforcement of this section.
``(d) Rule of Construction.--Nothing in subsection (c)(3) limits
the availability of funding made available under section 10417 to carry
out this section.
``(e) Enforcement.--
``(1) Authority.--The Secretary shall have the authority
granted under section 10414 to enforce this section.
``(2) Penalties.--An importer that fails to comply with
this section shall--
``(A) be subject to penalties under section 10414;
and
``(B) if the importer is a dealer, provide, as the
Secretary may determine, at the expense of the
importer, for--
``(i) the care (including appropriate
veterinary care), forfeiture, quarantine, and
removal from the United States of each
applicable dog; and
``(ii) the return of each applicable dog to
its place of export, with due care for the
welfare of each applicable dog.''.
(b) Conforming Amendment.--Section 18 of the Animal Welfare Act (7
U.S.C. 2148) is repealed.
SEC. 3. TRANSPORTATION.
(a) Definition of Transporter.--Section 2 of the Animal Welfare Act
(7 U.S.C. 2132) is amended--
(1) in subsection (c)--
(A) in paragraph (2), by striking ``paragraph (1)''
and inserting ``subparagraph (A)''; and
(B) by redesignating paragraphs (1) and (2) as
subparagraphs (A) and (B), respectively, and indenting
appropriately;
(2) in each of subsections (a) through (o), by inserting a
subsection heading, the text of which is comprised of the term
defined in the subsection;
(3) by redesignating subsections (a) through (o) as
paragraphs (12), (15), (3), (17), (14), (6), (1), (7), (11),
(2), (8), (9), (13), (4), (10), respectively, and indenting
appropriately;
(4) by inserting after paragraph (4) (as so designated) the
following:
``(5) Compensation.--The term `compensation' means any act,
consideration, or thing of value received by a person directly,
including cash or noncash benefits, cost-avoidance, obtaining
positive or avoiding negative publicity, an exchange of
services, or maintaining a license issued under any local,
State, or Federal government authority.'';
(5) by inserting after paragraph (15) (as so designated)
the following:
``(16) Sell; resell.--The term `sell' or `resell' means to
transfer ownership or control of an animal, including by sale,
adoption, exchange, or donation.''; and
(6) by adding at the end the following:
``(18) Transporter.--The term `transporter' means any
person, department, agency, or instrumentality of the United
States or of any State or local government, other than a
carrier or intermediate handler, who--
``(A) receives an animal from any importer, dealer,
research facility, exhibitor, operator of an auction
sale, or department, agency, or instrumentality of the
United States or of any State or local government; and
``(B) receives compensation for moving that animal
in commerce.''.
(b) Humane Standards.--Section 13 of the Animal Welfare Act (7
U.S.C. 2143) is amended--
(1) in subsection (a)(4)--
(A) in the first sentence, by striking ``air
carriers,'' and inserting ``transporters, air
carriers,''; and
(B) by adding at the end the following: ``The
Secretary shall provide, by regulation, that each
transporter, intermediate handler, or carrier receiving
a certificate of veterinary inspection required under
this section shall submit a copy of the certificate to
the Secretary, who shall record the information in a
centralized, publicly available database and share the
information with the appropriate State
veterinarians.'';
(2) by redesignating subsections (g) and (h) as subsections
(h) and (i), respectively;
(3) in the second subsection (f) (relating to certificates
of inspection required for delivery of an animal), by striking
``(f) No dogs or cats'' and inserting the following:
``(g) No dogs or cats''; and
(4) in subsection (g) (as so redesignated)--
(A) in the first sentence--
(i) by inserting ``importer,'' before
``dealer,''; and
(ii) by inserting ``, transporter,'' after
``intermediate handler''; and
(B) in the second sentence--
(i) by inserting ``, the transporters,''
after ``the intermediate handlers''; and
(ii) by striking ``section 10 of this Act''
and inserting ``subsection (a)(4)''.
SEC. 4. REGULATIONS.
(a) In General.--Not later than 18 months after the date of
enactment of this Act, the Secretary of Agriculture shall promulgate
final regulations to implement the amendments made by this Act,
including with respect to--
(1) the verification on arrival in the United States of
each dog being imported for transfer into the United States
from a foreign country that the dog meets all applicable
importation requirements; and
(2) the denial of entry into the United States of any dog
that fails to meet those requirements.
(b) Transition Period.--Until the date on which final regulations
are issued under subsection (a), the importation of live dogs shall be
regulated in accordance with the regulations promulgated under section
18 of the Animal Welfare Act (7 U.S.C. 2148) (as in effect on the day
before the date of enactment of this Act), but only to the extent that
those regulations are not in conflict with section 10404A of the Animal
Health Protection Act.
<all>
</pre></body></html>
|
[
"Animals"
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118S503
|
Space National Guard Establishment Act
|
[
[
"F000062",
"Sen. Feinstein, Dianne [D-CA]",
"sponsor"
],
[
"R000595",
"Sen. Rubio, Marco [R-FL]",
"cosponsor"
],
[
"P000145",
"Sen. Padilla, Alex [D-CA]",
"cosponsor"
],
[
"H000273",
"Sen. Hickenlooper, John W. [D-CO]",
"cosponsor"
],
[
"M001153",
"Sen. Murkowski, Lisa [R-AK]",
"cosponsor"
],
[
"B001243",
"Sen. Blackburn, Marsha [R-TN]",
"cosponsor"
],
[
"B001267",
"Sen. Bennet, Michael F. [D-CO]",
"cosponsor"
],
[
"S001217",
"Sen. Scott, Rick [R-FL]",
"cosponsor"
],
[
"B001310",
"Sen. Braun, Mike [R-IN]",
"cosponsor"
],
[
"S001191",
"Sen. Sinema, Kyrsten [I-AZ]",
"cosponsor"
],
[
"R000608",
"Sen. Rosen, Jacky [D-NV]",
"cosponsor"
],
[
"M000934",
"Sen. Moran, Jerry [R-KS]",
"cosponsor"
]
] |
<p><b>Space National Guard Establishment Act</b></p> <p>This bill establishes a Space National Guard as the reserve component of the U.S. Space Force.</p>
|
<html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 503 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 503
To establish the Space National Guard.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
February 16, 2023
Mrs. Feinstein (for herself, Mr. Rubio, Mr. Padilla, Mr. Hickenlooper,
Ms. Murkowski, Mrs. Blackburn, Mr. Bennet, Mr. Scott of Florida, Mr.
Braun, and Ms. Sinema) introduced the following bill; which was read
twice and referred to the Committee on Armed Services
_______________________________________________________________________
A BILL
To establish the Space National Guard.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Space National Guard Establishment
Act''.
SEC. 2. ESTABLISHMENT OF SPACE NATIONAL GUARD.
(a) Establishment.--
(1) In general.--There is established a Space National
Guard that is part of the organized militia of the several
States and Territories, Puerto Rico, and the District of
Columbia--
(A) in which the Space Force operates; and
(B) active and inactive.
(2) Reserve component.--There is established a Space
National Guard of the United States that is the reserve
component of the United States Space Force all of whose members
are members of the Space National Guard.
(b) Composition.--The Space National Guard shall be composed of the
Space National Guard forces of the several States and Territories,
Puerto Rico, and the District of Columbia--
(1) in which the Space Force operates; and
(2) active and inactive.
SEC. 3. NO EFFECT ON MILITARY INSTALLATIONS.
Nothing in this Act, or the amendments made by this Act, shall be
construed to authorize or require the relocation of any facility,
infrastructure, or military installation of the Space National Guard or
Air National Guard.
SEC. 4. IMPLEMENTATION OF SPACE NATIONAL GUARD.
(a) Requirement.--Except as specifically provided by this Act, the
Secretary of the Air Force and the Chief of the National Guard Bureau
shall implement this Act, and the amendments made by this Act, not
later than 18 months after the date of the enactment of this Act.
(b) Briefing Required.--
(1) In general.--Not later than 90 days after the date of
the enactment of this Act, and annually for the five subsequent
years, the Secretary of the Air Force, the Chief of the Space
Force, and the Chief of the National Guard Bureau shall jointly
provide to the congressional defense committees a briefing on
the status of the implementation of the Space National Guard
pursuant to this Act and the amendments made by this Act.
(2) Elements.--The briefing required by paragraph (1) shall
address--
(A) the current missions, operations and
activities, personnel requirements and status, and
budget and funding requirements and status of the Space
National Guard; and
(B) such other matters with respect to the
implementation and operation of the Space National
Guard as the Secretary and the Chiefs jointly determine
appropriate to keep Congress fully and currently
informed on the status of the implementation of the
Space National Guard.
SEC. 5. CONFORMING AMENDMENTS AND CLARIFICATION OF AUTHORITIES.
(a) Definitions.--
(1) Title 10, united states code.--Title 10, United States
Code, is amended--
(A) in section 101--
(i) in subsection (c)--
(I) by redesignating paragraphs (6)
and (7) as paragraphs (8) and (9),
respectively; and
(II) by inserting after paragraph
(5) the following new paragraphs:
``(6) The term `Space National Guard' means that part of
the organized militia of the several States and territories,
Puerto Rico, and the District of Columbia, active and inactive,
that--
``(A) is a space force;
``(B) is trained, and has its officers appointed
under the sixteenth clause of section 8, article I of
the Constitution;
``(C) is organized, armed, and equipped wholly or
partly at Federal expense; and
``(D) is federally recognized.
``(7) The term `Space National Guard of the United States'
means the reserve component of the Space Force all of whose
members are members of the Space National Guard.''; and
(B) in section 10101--
(i) in the matter preceding paragraph (1),
by inserting ``the following'' before the
colon; and
(ii) by adding at the end the following new
paragraph:
``(8) The Space National Guard of the United States.''.
(2) Title 32, united states code.--Section 101 of title 32,
United States Code is amended--
(A) by redesignating paragraphs (8) through (19) as
paragraphs (10) through (21), respectively; and
(B) by inserting after paragraph (7) the following
new paragraphs:
``(8) The term `Space National Guard' means that part of
the organized militia of the several States and territories,
Puerto Rico, and the District of Columbia, in which the Space
Force operates, active and inactive, that--
``(A) is a space force;
``(B) is trained, and has its officers appointed
under the sixteenth clause of section 8, article I of
the Constitution;
``(C) is organized, armed, and equipped wholly or
partly at Federal expense; and
``(D) is federally recognized.
``(9) The term `Space National Guard of the United States'
means the reserve component of the Space Force all of whose
members are members of the Space National Guard.''.
(b) Reserve Components.--Chapter 1003 of title 10, United States
Code, is amended--
(1) by adding at the end the following new sections:
``Sec. 10115. Space National Guard of the United States: composition
``The Space National Guard of the United States is the reserve
component of the Space Force that consists of--
``(1) federally recognized units and organizations of the
Space National Guard; and
``(2) members of the Space National Guard who are also
Reserves of the Space Force.
``Sec. 10116. Space National Guard: when a component of the Space Force
``The Space National Guard while in the service of the United
States is a component of the Space Force.
``Sec. 10117. Space National Guard of the United States: status when
not in Federal service
``When not on active duty, members of the Space National Guard of
the United States shall be administered, armed, equipped, and trained
in their status as members of the Space National Guard.''; and
(2) in the table of sections at the beginning of such
chapter, by adding at the end the following new items:
``10115. Space National Guard of the United States: composition.
``10116. Space National Guard: when a component of the Space Force.
``10117. Space National Guard of the United States: status when not in
Federal service.''.
<all>
</pre></body></html>
|
[
"Armed Forces and National Security",
"Department of Defense",
"Executive agency funding and structure",
"Military command and structure",
"Military readiness",
"National Guard and reserves",
"Space flight and exploration",
"Spacecraft and satellites"
] |
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118S504
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DEMOCRACIA Act
|
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<html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 504 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 504
To impose sanctions with respect to foreign persons that engage in
certain transactions relating to Cuba and to impose sanctions with
respect to human rights abuse and corruption in Cuba, and for other
purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
February 16, 2023
Mr. Scott of Florida (for himself, Mr. Rubio, Mr. Scott of South
Carolina, Mr. Tuberville, Mr. Marshall, and Mr. Braun) introduced the
following bill; which was read twice and referred to the Committee on
Foreign Relations
_______________________________________________________________________
A BILL
To impose sanctions with respect to foreign persons that engage in
certain transactions relating to Cuba and to impose sanctions with
respect to human rights abuse and corruption in Cuba, and for other
purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Denying Earnings to the Military
Oligarchy in Cuba and Restricting Activities of the Cuban Intelligence
Apparatus Act'' or the ``DEMOCRACIA Act''.
SEC. 2. FINDINGS; SENSE OF CONGRESS.
(a) Findings.--Congress finds the following:
(1) The Cuban Communist takeover of 1959 established in
Cuba a one-party authoritarian state of the Cuban Communist
Party.
(2) Cuba is a totalitarian state, in which the Cuban
Communist Party has brutally oppressed the people of Cuba for
more than 60 years.
(3) Cuban democracy activists, including Las Damas de
Blanco (also known as ``Ladies in White''), a group composed of
wives and relatives of political prisoners, prisoners of
conscience, and peaceful activists in Cuba, are routinely
repressed, censured, beaten, and unjustly imprisoned by the
Cuban Communist Party.
(4) On July 11, 2021, protesters marched in the streets
throughout Cuba voicing their opposition against the communist
regime of Cuba.
(5) During those protests, Cubans in more than 40 cities
held demonstrations chanting ``Freedom!'', ``Down with the
Dictatorship!'', and ``Patria y Vida'' (``Homeland and Life'').
(6) Through those protests, the people of Cuba demanded the
end to communism in Cuba and access to food, medicine, water,
and electricity, basic needs that the communist system in Cuba
cannot provide.
(7) Cubans gathered outside of the headquarters of the
Cuban Communist Party chanting, ``Cuba isn't yours!''. In a
clear message, Cubans exercised their fundamental God-given
rights to peaceably assemble, express their political opinions,
and live free of censorship and oppression and demanded the
ruling elites, especially the Cuban Communist Party, release
its control of their government and give the power back to the
people.
(8) During the July 11, 2021, protests, the Cuban Communist
Party deployed a wave of terror throughout Cuba by--
(A) unleashing its secret police and some military
forces on peaceful protesters and unlawfully detained
them, including by--
(i) harassing and threatening people in
their homes;
(ii) abducting and torturing civil society
leaders and other Cubans peacefully exercising
their fundamental rights; and
(iii) detaining more than 800 Cubans for
peacefully protesting, who have gone missing
since the protests and demonstrations began,
including leaders from Cuban civil society
groups such as UNPACU, the San Isidro Movement,
the Ladies in White, and religious leaders; and
(B) in a crude and savage effort to silence the
Cuban people, cutting internet connectivity and mobile
services throughout Cuba, which prevented the Cuban
people from organizing and hid from the outside world
images and videos of the oppressive and brutal
crackdown by the Government of Cuba.
(9) In response to these demonstrations and protests, the
regime blocked access to social media, messaging platforms and
cellular services, and arrested and detained hundreds of
protesters, activists, and journalists, according to Cuban
human rights groups.
(10) The Human Rights Report on Cuba for 2020 set forth by
the Department of State found that Cuba is an authoritarian
state.
(11) A new constitution ratified in February 2019 codified
that Cuba remains a one-party system in which the Cuban
Communist Party is the only legal political party. Elections in
Cuba were neither free, fair, nor competitive.
(12) The Ministry of Interior of Cuba (MININT) controls
police, internal security forces, and the prison system. The
National Revolutionary Police are the primary law enforcement
organization of the Ministry. Specialized units of the state
security branch of the Ministry are responsible for monitoring,
infiltrating, and suppressing independent political activity.
The national leadership of Cuba, including members of the
military, maintain effective control over the security forces.
Members of the security forces have committed numerous abuses.
(13) Significant human rights issues in Cuba include the
following:
(A) Unlawful or arbitrary killings by the
Government of Cuba, including extrajudicial killings.
(B) Forced disappearances by the Government of
Cuba.
(C) Torture and cruel, inhuman, and degrading
treatment of political dissidents, detainees, and
prisoners by security forces.
(D) Harsh and life-threatening prison conditions.
(E) Arbitrary arrests and detentions.
(F) The detaining of political prisoners.
(G) Significant problems with the independence of
the judiciary.
(H) Arbitrary or unlawful interference with
privacy.
(I) Functional lack of freedom of the press, as
criminal libel laws are used against persons who
criticize leadership of the Government of Cuba and that
Government has engaged in censorship and internet site
blocking.
(J) Severe limitations on academic and cultural
freedom.
(K) Severe restrictions on the right of peaceful
assembly and denial of freedom of association,
including refusal to recognize independent
associations.
(L) Severe restrictions on religious freedom.
(M) Restrictions on internal and external freedom
of movement.
(N) Inability of citizens to change their
government through free and fair elections.
(O) Restrictions on political participation to
members of the ruling party.
(P) Corruption by officials of the Government of
Cuba.
(Q) Trafficking in persons, including compulsory
labor.
(R) Outlawing of independent trade unions.
(14) Officials of the Government of Cuba, at the direction
of their superiors, have committed most human rights abuses. As
a matter of policy, officials failed to investigate or
prosecute the individuals who committed those abuses. Impunity
for the perpetrators has remained widespread.
(15) The United States Commission on International
Religious Freedom recommended in its 2021 Annual Report that
the United States Government again place Cuba on the special
watch list under section 402(b)(1)(A)(iii) of the International
Religious Freedom Act of 1998 (22 U.S.C. 6442(b)(1)(A)(iii))
and recommended imposing sanctions on the Office of Religious
Affairs of Cuba.
(16) In the report specified in paragraph (15), the United
States Commission on International Religious Freedom raised
concerns regarding the denial in Cuba of religious freedom for
human rights activists, independent journalists, and
protesters, particularly in the wake of demonstrations that
started on November 13, 2020, calling for greater freedom of
expression in Cuba.
(17) Cuba was ground zero for a series of yet unexplained
attacks in 2016 on members of the diplomatic community of the
United States in Havana, Cuba.
(18) Cuba continues to provide safe harbor for adversaries
of the United States, including multiple fugitives from justice
in the United States, including William Morales, Charles Hill,
Victor Manuel Gerena, and Joanne Chesimard, who executed New
Jersey State Trooper Werner Foerster during a routine traffic
stop in May 1973.
(19) The Trade Sanctions Reform and Export Enhancement Act
of 2000 (22 U.S.C. 7201 et seq.) prohibits the President from
imposing unilateral agricultural or medical sanctions against
Cuba.
(20) The defense, security, and intelligence sectors of
Cuba are the primary perpetrators of beatings, arrests,
detainments, and unjust imprisonments of the Cuban people.
(21) The Cuban Communist Party has a long history of
racism.
(22) No high level positions within the Cuban Communist
Party are occupied by Afro-Cubans.
(23) Many Cubans who suffered the worst treatment at the
hands of the security forces of the Cuban Communist Party are
Afro-Cuban, such as Dr. Oscar Elias Biscet, Jorge Luis Garcia
Perez, Berta Soler of Las Damas de Blanco, Guillermo Farinas
Hernandez, Orlando Zapata Tamayo, Luis Manuel Otero Alcantara,
and Ivan Hernandez Carrillo.
(24) On January 12, 2021, the Department of State
determined that Cuba has repeatedly provided support for acts
of international terrorism and was designated a state sponsor
of terrorism.
(25) On May 14, 2021, Secretary of State Antony Blinken
determined and certified to Congress that Cuba is not
cooperating fully with United States antiterrorism efforts.
(26) The Cuban Communist Party continues to support
international terrorist groups such as the Revolutionary Armed
Forces of Colombia (FARC) and the National Liberation Army
(ELN).
(27) Commercial engagement with the defense, security, and
intelligence sectors of Cuba empowers the human rights abuses,
racism against Afro-Cubans, and support for international
terrorism by the Cuban Communist Party.
(b) Sense of Congress.--It is the sense of Congress that Congress--
(1) reaffirms subsection (a) of section 1704 of the Cuban
Democracy Act of 1992 (22 U.S.C. 6003), which states that the
President should encourage foreign countries to restrict trade
and credit relations with Cuba in a manner consistent with the
purposes of that Act; and
(2) urges the President to take immediate steps to apply
the sanctions described in subsection (b)(1) of that section
with respect to countries assisting Cuba.
SEC. 3. STATEMENT OF POLICY.
It shall be the policy of the United States--
(1) to support the desire of the people of Cuba for freedom
and democracy; and
(2) to work with allies and the international community to
seek to restrict and reduce the financial resources of the
Cuban dictatorship, which supports terrorism and perpetrates
injustice and human rights abuses against the Cuban people,
that being the Cuban military, security, and intelligence
sectors.
SEC. 4. IMPOSITION OF SANCTIONS WITH RESPECT TO FOREIGN PERSONS THAT
ENGAGE IN CERTAIN TRANSACTIONS RELATING TO CUBA.
(a) Imposition of Sanctions.--
(1) In general.--The President shall impose the sanctions
described in subsection (b) with respect to a foreign person if
the President determines that the foreign person, on or after
the date of the enactment of this Act, knowingly engages in an
activity described in paragraph (2).
(2) Activities described.--Except as provided in paragraph
(3), a foreign person engages in an activity described in this
paragraph if the foreign person provides financial, material,
or technological support to, or engages in a transaction with--
(A) a covered sector of the Government of Cuba, or
any entity or individual affiliated with such sector
(including an immediate adult family member of such
individual);
(B) an agency, instrumentality, or other entity
owned by an entity that is part of or associated with a
covered sector, entity, or individual described in
subparagraph (A) in a percentage share exceeding 25
percent;
(C) an individual who is a senior official of a
covered sector or entity described in subparagraph (A)
(including an immediate adult family member of such
individual);
(D) an agency, instrumentality, or other entity
operated or controlled by a covered sector, entity, or
individual described in subparagraph (A);
(E) an entity or individual--
(i) for the purpose of avoiding a financial
transaction with, or the transfer of funds to,
an entity or individual specified in any of
subparagraphs (A) through (D); or
(ii) for the benefit of an entity or
individual specified in any of subparagraphs
(A) through (D);
(F) a foreign person that is a military contractor,
mercenary, or a paramilitary force knowingly operating
in a military, security, or intelligence capacity for
or on behalf of the Government of Cuba; or
(G) a foreign person subject to sanctions pursuant
to the International Emergency Economic Powers Act (50
U.S.C. 1701 et seq.) or the Trading with the Enemy Act
(50 U.S.C. 4301 et seq.) with respect to Cuba or any
other provision of law that imposes sanctions or other
economic restrictions or limitations with respect to
Cuba.
(3) Exceptions.--The following activities engaged in by a
foreign person shall not be considered to be activities
described in paragraph (2) for purposes of imposing sanctions
described in subsection (b) with respect to the person:
(A) The sale of agricultural commodities,
medicines, and medical devices sold to Cuba consistent
with the Trade Sanctions Reform and Export Enhancement
Act of 2000 (22 U.S.C. 7201 et seq.).
(B) A remittance to an immediate family member,
other than--
(i) an individual who is a high-level
member of the Cuban Communist Party; or
(ii) an individual who is an immediate
family member of an individual described in
clause (i).
(C) A payment in furtherance of the lease agreement
for, or other financial transactions necessary for
maintenance and improvements of, the military base at
Guantanamo Bay, Cuba, including any adjacent areas
under the control or possession of the United States.
(D) Assistance or support in furtherance of
democracy-building efforts for Cuba described in
section 109 of the Cuban Liberty and Democratic
Solidarity (LIBERTAD) Act of 1996 (22 U.S.C. 6039).
(E) Customary and routine financial transactions
necessary for the maintenance, improvements, or regular
duties of the United States Embassy in Havana, Cuba,
including outreach to the pro-democracy opposition.
(F) Accessing the internet or providing cellular
services if the internet and cellular services have
been restored, are without interference from the Cuban
regime, and do not include any technology, services, or
communications backed by the Communist Party of the
People's Republic of China.
(4) Sense of congress.--It is the sense of Congress that
the President should, in making a determination of whether a
foreign person engages in an activity described in paragraph
(2), consider the provision of loans, credits, or export
credits by the person to be a form of significant financial,
material, or technological support as described in such
paragraph.
(5) Covered sector defined.--In this subsection, the term
``covered sector'' means--
(A) the defense sector;
(B) the security sector;
(C) the intelligence sector; or
(D) any other sector of the Government of Cuba
beginning 15 days after the date on which the President
certifies to Congress that such sector is involved in
carrying out human rights abuses or providing support
for international terrorism.
(b) Sanctions Described.--
(1) In general.--The sanctions to be imposed with respect
to a foreign person subject to subsection (a) are the
following:
(A) Blocking of property.--The President shall
exercise all of the powers granted to the President
under the International Emergency Economic Powers Act
(50 U.S.C. 1701 et seq.) and the Trading with the Enemy
Act (50 U.S.C. 4301 et seq.) to the extent necessary to
block and prohibit all transactions in property and
interests in property of the foreign person if such
property and interests in property are in the United
States, come within the United States, or are or come
within the possession or control of a United States
person.
(B) Aliens ineligible for visas, admission, or
parole.--
(i) Visas, admission, or parole.--An alien
who the Secretary of State or the Secretary of
Homeland Security (or a designee of one of such
Secretaries) knows, or has reason to believe,
has knowingly engaged in any activity described
in subsection (a)(2) is--
(I) inadmissible to the United
States;
(II) ineligible to receive a visa
or other documentation to enter the
United States; and
(III) otherwise ineligible to be
admitted or paroled into the United
States or to receive any other benefit
under the Immigration and Nationality
Act (8 U.S.C. 1101 et seq.).
(ii) Current visas revoked.--
(I) In general.--The issuing
consular officer, the Secretary of
State, or the Secretary of Homeland
Security (or a designee of one of such
Secretaries) shall, in accordance with
section 221(i) of the Immigration and
Nationality Act (8 U.S.C. 1201(i)),
revoke any visa or other entry
documentation issued to an alien
described in clause (i) regardless of
when the visa or other entry
documentation is issued.
(II) Effect of revocation.--A
revocation under subclause (I)--
(aa) shall take effect
immediately; and
(bb) shall automatically
cancel any other valid visa or
entry documentation that is in
the alien's possession.
(2) Penalties.--The penalties provided for in subsections
(b) and (c) of section 206 of the International Emergency
Economic Powers Act (50 U.S.C. 1705) shall apply to a person
that violates, attempts to violate, conspires to violate, or
causes a violation of any regulation, license, or order issued
to carry out paragraph (1)(A) to the same extent that such
penalties apply to a person that commits an unlawful act
described in subsection (a) of that section.
(3) Exception to comply with international obligations.--
Sanctions under paragraph (1)(B) shall not apply with respect
to an alien if admitting or paroling the alien into the United
States is necessary to permit the United States to comply with
the Agreement regarding the Headquarters of the United Nations,
signed at Lake Success June 26, 1947, and entered into force
November 21, 1947, between the United Nations and the United
States, or other applicable international obligations.
(c) Implementation.--The President shall exercise all authorities
under sections 203 and 205 of the International Emergency Economic
Powers Act (50 U.S.C. 1702 and 1704) to carry out this section, except
that the President--
(1) shall not issue any general license authorizing, or
otherwise authorize, any activity subject to sanctions under
subsection (a); and
(2) shall require any United States person seeking to
engage in a financial transaction or transfer of funds subject
to sanctions under subsection (a) to submit a written request
to the Office of Foreign Assets Control of the Department of
the Treasury.
(d) Waiver.--The President may waive the application of sanctions
described in subsection (b) with respect to a foreign person for a
period of 180 days (and such waiver may not be renewed) if the
President determines and certifies to Congress that such waiver is in
the vital national security interest of the United States.
(e) Definitions.--In this section:
(1) Admitted; alien.--The terms ``admitted'' and ``alien''
have the meanings given those terms in section 101 of the
Immigration and Nationality Act (8 U.S.C. 1101).
(2) Entity.--The term ``entity'' means a partnership,
association, trust, joint venture, corporation, group,
subgroup, or other organization.
(3) Foreign person.--The term ``foreign person'' means a
person that is not a United States person.
(4) Person.--The term ``person'' means an individual or
entity.
(5) United states person.--The term ``United States
person'' means--
(A) a United States citizen or an alien lawfully
admitted to the United States for permanent residence;
(B) an entity organized under the laws of the
United States or any jurisdiction within the United
States (including any foreign branch of such an
entity); and
(C) any person in the United States.
SEC. 5. IMPOSITION OF SANCTIONS WITH RESPECT TO HUMAN RIGHTS ABUSE AND
CORRUPTION IN CUBA.
(a) In General.--The President shall impose the sanctions described
in subsection (b) with respect to the following persons:
(1) Any foreign person determined by the Secretary of the
Treasury, in consultation with the Secretary of State and the
Attorney General--
(A) to be responsible for or complicit in, or to
have directly or indirectly engaged in, serious human
rights abuse in Cuba;
(B) to be a current or former official of the
Government of Cuba, or a person acting for or on behalf
of such an official, who is responsible for or
complicit in, or has directly or indirectly engaged
in--
(i) corruption, including the
misappropriation of state assets, the
expropriation of private assets for personal
gain, corruption related to government
contracts or the extraction of natural
resources, or bribery; or
(ii) the transfer or the facilitation of
the transfer of the proceeds of corruption;
(C) to be or have been a leader or official of--
(i) an entity, including a government
entity, that has engaged in, or whose members
have engaged in, any of the activities
described in subparagraph (A) or (B) relating
to the tenure of the leader or official; or
(ii) an entity whose property and interests
in property are blocked under subsection (b)(1)
as a result of activities related to the tenure
of the leader or official;
(D) to have materially assisted, sponsored, or
provided financial, material, or technological support
for, or goods or services to or in support of--
(i) any activity described in subparagraph
(A) or (B) that is conducted by a foreign
person;
(ii) any person whose property and
interests in property are blocked under
subsection (b)(1); or
(iii) any entity, including a government
entity, that has engaged in, or whose members
have engaged in, any of the activities
described in subparagraph (A) or (B) of
paragraph (1), if the activity is conducted by
a foreign person;
(E) to have received any contribution or provision
of funds, goods, or services from any person whose
property and interests in property are blocked under
subsection (b)(1);
(F) to be owned or controlled by, or to have acted
or purported to act for or on behalf of, directly or
indirectly, any person whose property and interests in
property are blocked under subsection (b)(1);
(G) to be under the control of, or to act for or on
behalf of, the military, intelligence, or security
services or personnel of Cuba;
(H) to be an official of the Government of Cuba who
works with the Ministry of Justice or the Office of the
Attorney General and who violates due process rights of
an individual in Cuba; or
(I) to have attempted to engage in any of the
activities described in subparagraph (A) or (B).
(2) Members of the Communist Party of Cuba, including--
(A) members of the Politburo;
(B) members, department heads, and employees of the
Central Committee;
(C) secretaries and first secretaries of the
provincial party central committees; and
(D) members of the Office of Religious Affairs.
(3) Members of the Council of State.
(4) Members of the Council of Ministers.
(5) Members of the Committees for the Defense of the
Revolution.
(6) The Revolutionary Armed Forces of Cuba.
(7) The Ministry of the Interior of Cuba, including the
National Revolutionary Police Force.
(8) The Office of the President of Cuba.
(9) The spouse and children of any individual subject to
sanctions under this section.
(b) Sanctions Described.--
(1) In general.--The sanctions to be imposed with respect
to a foreign person subject to subsection (a) are the
following:
(A) Blocking of property.--The President shall
exercise all of the powers granted to the President
under the International Emergency Economic Powers Act
(50 U.S.C. 1701 et seq.) to the extent necessary to
block and prohibit all transactions in property and
interests in property of the foreign person if such
property and interests in property are in the United
States, come within the United States, or are or come
within the possession or control of a United States
person.
(B) Aliens ineligible for visas, admission, or
parole.--
(i) Visas, admission, or parole.--An alien
who the Secretary of State or the Secretary of
Homeland Security (or a designee of one of such
Secretaries) knows, or has reason to believe,
is a foreign person subject to subsection (a)
is--
(I) inadmissible to the United
States;
(II) ineligible to receive a visa
or other documentation to enter the
United States; and
(III) otherwise ineligible to be
admitted or paroled into the United
States or to receive any other benefit
under the Immigration and Nationality
Act (8 U.S.C. 1101 et seq.).
(ii) Current visas revoked.--
(I) In general.--The issuing
consular officer, the Secretary of
State, or the Secretary of Homeland
Security (or a designee of one of such
Secretaries) shall, in accordance with
section 221(i) of the Immigration and
Nationality Act (8 U.S.C. 1201(i)),
revoke any visa or other entry
documentation issued to an alien
described in clause (i) regardless of
when the visa or other entry
documentation is issued.
(II) Effect of revocation.--A
revocation under subclause (I)--
(aa) shall take effect
immediately; and
(bb) shall automatically
cancel any other valid visa or
entry documentation that is in
the alien's possession.
(2) Penalties.--The penalties provided for in subsections
(b) and (c) of section 206 of the International Emergency
Economic Powers Act (50 U.S.C. 1705) shall apply to a person
that violates, attempts to violate, conspires to violate, or
causes a violation of any regulation, license, or order issued
to carry out paragraph (1)(A) to the same extent that such
penalties apply to a person that commits an unlawful act
described in subsection (a) of that section.
(3) Exception to comply with international obligations.--
Sanctions under paragraph (1)(B) shall not apply with respect
to an alien if admitting or paroling the alien into the United
States is necessary to permit the United States to comply with
the Agreement regarding the Headquarters of the United Nations,
signed at Lake Success June 26, 1947, and entered into force
November 21, 1947, between the United Nations and the United
States, or other applicable international obligations.
(c) Implementation.--The President shall exercise all authorities
under sections 203 and 205 of the International Emergency Economic
Powers Act (50 U.S.C. 1702 and 1704) to carry out this section, except
that the President--
(1) shall not issue any general license authorizing, or
otherwise authorize, any activity subject to sanctions under
subsection (a); and
(2) shall require any United States person seeking to
engage in a financial transaction or transfer of funds subject
to sanctions under subsection (a) to submit a written request
to the Office of Foreign Assets Control of the Department of
the Treasury.
(d) Humanitarian Exception.--The President may not impose sanctions
under this section with respect to any person for--
(1) donating food or agricultural commodities to--
(A) an independent, nongovernmental organization
not controlled by the Government of Cuba; or
(B) individuals in Cuba who are not high-level
members of the Communist Party of Cuba or the immediate
family member of any such individual; or
(2) exporting medicines or medical supplies, instruments,
or equipment that would be permitted under section 1705(c) of
the Cuban Democracy Act of 1992 (22 U.S.C. 6004(c)).
(e) Waiver.--The President may waive the application of sanctions
under this section with respect to a person if the President determines
that such a waiver is in the national security interests of the United
States.
(f) No Prior Notice.--The President, the Secretary of the Treasury,
the Secretary of State, and the Attorney General, and any other
official of the United States Government are not required to provide
any prior notice of a determination made under subsection (a) or of any
other determination to impose sanctions under this section.
(g) Definitions.--In this section:
(1) Admitted; alien.--The terms ``admitted'' and ``alien''
have the meanings given those terms in section 101 of the
Immigration and Nationality Act (8 U.S.C. 1101).
(2) Entity.--The term ``entity'' means a partnership,
association, trust, joint venture, corporation, group,
subgroup, or other organization.
(3) Foreign person.--The term ``foreign person'' means a
person that is not a United States person.
(4) Person.--The term ``person'' means an individual or
entity.
(5) United states person.--The term ``United States
person'' means--
(A) a United States citizen or an alien lawfully
admitted to the United States for permanent residence;
(B) an entity organized under the laws of the
United States or any jurisdiction within the United
States (including any foreign branch of such an
entity); and
(C) any person in the United States.
SEC. 6. TERMINATION OF SANCTIONS.
(a) In General.--The authority to impose sanctions under sections 4
and 5 shall terminate if--
(1) the President submits to Congress a determination and
certification that the Government of Cuba--
(A) has legalized all political activity;
(B) has released all political prisoners and
allowed for investigations of Cuban prisons by
appropriate international human rights organizations;
(C) has dissolved the Department of State Security
in the Cuban Ministry of the Interior in place as of
the date of the enactment of this Act, including the
Committees for the Defense of the Revolution and the
Rapid Response Brigades;
(D) has made public commitments to organizing free
and fair elections for a new government--
(i) to be held in a timely manner within a
period not to exceed 18 months after such
certification;
(ii) with the participation of multiple
independent political parties that have full
access to the media on an equal basis,
including (in the case of radio, television, or
other telecommunications media) in terms of
allotments of time for such access and the
times of day such allotments are given; and
(iii) to be conducted under the supervision
of internationally recognized observers, such
as the Organization of American States, the
United Nations, and other election monitors;
(E) has ceased any interference with Radio Marti or
Television Marti broadcasts;
(F) has made public commitments to and is making
demonstrable progress in--
(i) establishing an independent judiciary;
(ii) respecting internationally recognized
human rights and basic freedoms as set forth in
the Universal Declaration of Human Rights, to
which Cuba is a signatory nation; and
(iii) allowing the establishment of
independent trade unions as set forth in
conventions 87 and 98 of the International
Labor Organization, and allowing the
establishment of independent social, economic,
and political associations;
(G) does not include Raul Castro or his immediate
family;
(H) has given adequate assurances that it will
allow the speedy and efficient distribution of
assistance to the people of Cuba;
(I) is demonstrably in transition from a communist
totalitarian dictatorship to a representative
democracy;
(J) has made public commitments to and is making
demonstrable progress in--
(i) effectively guaranteeing the rights of
free speech and freedom of the press, including
granting permits to privately owned media and
telecommunications companies to operate in
Cuba;
(ii) permitting the reinstatement of
citizenship to Cuban-born persons returning to
Cuba;
(iii) assuring the right to private
property; and
(iv) taking appropriate steps to return to
United States citizens, and entities that are
50 percent or more beneficially owned by United
States citizens, property taken by the
Government of Cuba from such citizens and
entities on or after January 1, 1959, or to
provide equitable compensation to such citizens
and entities for such property;
(K) has extradited or otherwise rendered to the
United States all persons sought by the Department of
Justice of the United States for crimes committed in
the United States; and
(L) has permitted the deployment throughout Cuba of
independent and unfettered international human rights
monitors; and
(2) a joint resolution approving the determination and
certification of the President submitted under paragraph (1) is
enacted into law in accordance with the procedures described in
subsection (b).
(b) Congressional Procedures.--
(1) Referral to committees.--Joint resolutions described in
subsection (a)(2) that are introduced in the House of
Representatives shall be referred to the Committee on Foreign
Affairs and joint resolutions described in subsection (a)(2)
that are introduced in the Senate shall be referred to the
Committee on Foreign Relations.
(2) Procedures.--
(A) Senate.--Any joint resolution described in
subsection (a)(2) shall be considered in the Senate in
accordance with the provisions of section 601(b) of the
International Security Assistance and Arms Export
Control Act of 1976 (Public Law 94-329; 90 Stat. 765).
(B) House of representatives.--For the purpose of
expediting the consideration and enactment of a joint
resolution described in subsection (a)(2), a motion to
proceed to the consideration of any such joint
resolution after it has been reported by the
appropriate committee shall be treated as highly
privileged in the House of Representatives.
(C) Limitation.--Not more than one joint resolution
described in subsection (a)(2) may be considered in the
House of Representatives and the Senate during the 6-
month period beginning on the date on which the
President submits to Congress a determination and
certification under subsection (a)(1).
SEC. 7. PROVISION OF UNRESTRICTED INTERNET SERVICE FOR THE PEOPLE OF
CUBA.
(a) In General.--Effective immediately upon the date of the
enactment of this Act, the President shall use all means possible to
provide unrestricted, reliable internet service to the people of Cuba
that is not censored, blocked, or otherwise restricted by the
Government of Cuba and does not include any technology, services, or
communications backed by the Communist Party of the People's Republic
of China.
(b) Notification.--The President shall notify the appropriate
committees of Congress once an internet connection has been established
to provide unrestricted, reliable internet service under subsection
(a).
(c) Interagency Task Force.--
(1) Establishment.--Not later than 90 days after the date
of the enactment of this Act, the President shall establish an
interagency task force to develop a long-term solution for
providing reliable internet service to the people of Cuba that
is not censored or blocked by the Government of Cuba.
(2) Report.--Not later than 180 days after the date of the
enactment of this Act, the interagency task force established
under paragraph (1) shall submit to the President and the
appropriate committees of Congress a report that outlines the
best long-term solutions of the interagency task force for
providing reliable internet service to the people of Cuba that
is not censored, blocked, or otherwise restricted by the
Government of Cuba.
(d) Appropriate Committees of Congress.--In this section, the term
``appropriate committees of Congress'' means--
(1) the Committee on Homeland Security and Governmental
Affairs, the Committee on Foreign Relations, and the Select
Committee on Intelligence of the Senate; and
(2) the Committee on Homeland Security, the Committee on
Foreign Affairs, and the Permanent Select Committee on
Intelligence of the House of Representatives.
<all>
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118S505
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Immigration Parole Reform Act of 2023
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<html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 505 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 505
To amend section 212(d)(5) of the Immigration and Nationality Act to
reform immigration parole, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
February 16, 2023
Mr. Grassley (for himself, Mr. Cotton, Mr. Cassidy, Mr. Vance, Mr.
Lankford, Mr. Tuberville, Mrs. Britt, Mr. Lee, and Ms. Ernst)
introduced the following bill; which was read twice and referred to the
Committee on the Judiciary
_______________________________________________________________________
A BILL
To amend section 212(d)(5) of the Immigration and Nationality Act to
reform immigration parole, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Immigration Parole Reform Act of
2023''.
SEC. 2. IMMIGRATION PAROLE REFORM.
Section 212(d)(5) of the Immigration and Nationality Act (8 U.S.C.
1182(d)(5)) is amended to read as follows:
``(5)(A) Except as provided in subparagraphs (B) and (C) and
section 214(f), the Secretary of Homeland Security, in the discretion
of the Secretary, may temporarily parole into the United States any
alien applying for admission to the United States who is not present in
the United States, under such conditions as the Secretary may
prescribe, on a case-by-case basis, and not according to eligibility
criteria describing an entire class of potential parole recipients, for
urgent humanitarian reasons or significant public benefit. Parole
granted under this subparagraph may not be regarded as an admission of
the alien. When the purposes of such parole have been served in the
opinion of the Secretary, the alien shall immediately return or be
returned to the custody from which the alien was paroled. After such
return, the case of the alien shall be dealt with in the same manner as
the case of any other applicant for admission to the United States.
``(B) The Secretary of Homeland Security may grant parole to any
alien who--
``(i) is present in the United States without lawful
immigration status;
``(ii) is the beneficiary of an approved petition under
section 203(a);
``(iii) is not otherwise inadmissible or removable; and
``(iv) is the spouse or child of a member of the Armed
Forces serving on active duty.
``(C) The Secretary of Homeland Security may grant parole to any
alien--
``(i) who is a national of the Republic of Cuba and is
living in the Republic of Cuba;
``(ii) who is the beneficiary of an approved petition under
section 203(a);
``(iii) for whom an immigrant visa is not immediately
available;
``(iv) who meets all eligibility requirements for an
immigrant visa;
``(v) who is not otherwise inadmissible; and
``(vi) who is receiving a grant of parole in furtherance of
the commitment of the United States to the minimum level of
annual legal migration of Cuban nationals to the United States
specified in the U.S.-Cuba Joint Communique on Migration, done
at New York September 9, 1994, and reaffirmed in the Cuba-
United States: Joint Statement on Normalization of Migration,
Building on the Agreement of September 9, 1994, done at New
York May 2, 1995.
``(D) For purposes of determining an alien's eligibility for parole
under subparagraph (A), an urgent humanitarian reason shall be limited
to circumstances in which the alien establishes that--
``(i)(I) the alien has a medical emergency; and
``(II)(aa) the alien cannot obtain necessary treatment in
the foreign state in which the alien is residing; or
``(bb) 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 parent or legal guardian of an
alien described in clause (i) and the alien described in clause
(i) is a minor;
``(iii) the alien is needed in the United States in order
to donate an organ or other tissue for transplant and there is
insufficient time for the alien to be admitted through the
normal visa process;
``(iv) the alien has a close 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 seeking to attend the funeral of a close
family member and the alien could not arrive in the United
States in time to attend such funeral if the alien were to be
admitted through the normal visa process;
``(vi) the alien is an adopted child with an urgent medical
condition who is in the legal custody of the petitioner for a
final adoption-related visa and whose medical treatment is
required before the expected award of a final adoption-related
visa; or
``(vii) the alien is a lawful applicant for adjustment of
status under section 245 and is returning to the United States
after temporary travel abroad.
``(E) For purposes of determining an alien's eligibility for parole
under subparagraph (A), a significant public benefit may be determined
to result from the parole of an alien only if--
``(i) the alien has assisted (or will assist, whether
knowingly or not) the United States Government in a law
enforcement matter;
``(ii) the alien's presence is required by the Government
in furtherance of such law enforcement matter; and
``(iii) the alien is inadmissible, does not satisfy the
eligibility requirements for admission as a nonimmigrant, or
there is insufficient time for the alien to be admitted through
the normal visa process.
``(F) For purposes of determining an alien's eligibility for parole
under subparagraph (A), the term `case-by-case basis' means that the
facts in each individual case are considered and parole is not granted
based on membership in a defined class of aliens to be granted parole.
The fact that aliens are considered for or granted parole one-by-one
and not as a group is not sufficient to establish that the parole
decision is made on a `case-by-case basis'.
``(G) The Secretary of Homeland Security may not use the parole
authority under this paragraph to parole an alien into the United
States for any reason or purpose other than those described in
subparagraphs (B), (C), (D), and (E).
``(H) An alien granted parole may not accept employment, except
that an alien granted parole pursuant to subparagraph (B) or (C) is
authorized to accept employment for the duration of the parole, as
evidenced by an employment authorization document issued by the
Secretary of Homeland Security.
``(I) Parole granted after a departure from the United States shall
not be regarded as an admission of the alien. An alien granted parole,
whether as an initial grant of parole or parole upon reentry into the
United States, is not eligible to adjust status to lawful permanent
residence or for any other immigration benefit if the immigration
status the alien had at the time of departure did not authorize the
alien to adjust status or to be eligible for such benefit.
``(J)(i) Except as provided in clauses (ii) and (iii), parole shall
be granted to an alien under this paragraph for the shorter of--
``(I) a period of sufficient length to accomplish the
activity described in subparagraph (D) or (E) for which the
alien was granted parole; or
``(II) 1 year.
``(ii) Grants of parole pursuant to subparagraph (A) may be
extended once, in the discretion of the Secretary, for an additional
period that is the shorter of--
``(I) the period that is necessary to accomplish the
activity described in subparagraph (D) or (E) for which the
alien was granted parole; or
``(II) 1 year.
``(iii) Aliens who have a pending application to adjust status to
permanent residence under section 245 may request extensions of parole
under this paragraph, in 1-year increments, until the application for
adjustment has been adjudicated. Such parole shall terminate
immediately upon the denial of such adjustment application.
``(K) Not later than 90 days after the last day of each fiscal
year, the Secretary of Homeland Security shall submit to the Committee
on the Judiciary of the Senate and the Committee on the Judiciary of
the House of Representatives and make available to the public, a
report--
``(i) identifying the total number of aliens paroled into
the United States under this paragraph during the previous
fiscal year; and
``(ii) containing information and data regarding all aliens
paroled during such fiscal year, including--
``(I) the duration of parole;
``(II) the type of parole; and
``(III) the current status of the aliens so
paroled.''.
SEC. 3. IMPLEMENTATION.
(a) In General.--Except as provided in subsection (b), this Act and
the amendments made by this Act shall take effect on the date that is
30 days after the date of the enactment of this Act.
(b) Exceptions.--Notwithstanding subsection (a)--
(1) any application for parole or advance parole filed by
an alien before the date of the enactment of this Act shall be
adjudicated under the law that was in effect on the date on
which the application was properly filed and any approved
advance parole shall remain valid under the law that was in
effect on the date on which the advance parole was approved;
(2) section 212(d)(5)(I) of the Immigration and Nationality
Act, as added by section 2(b), shall take effect on the date of
the enactment of this Act; and
(3) aliens who were paroled into the United States pursuant
to section 212(d)(5)(A) of the Immigration and Nationality Act
(8 U.S.C. 1182(d)(5)(A)) before January 1, 2023, shall continue
to be subject to the terms of parole that were in effect on the
date on which their respective parole was approved.
SEC. 4. CAUSE OF ACTION.
Any person, State, or local government that experiences financial
harm in excess of $1,000 due to a failure of the Federal Government to
lawfully apply the provisions of this Act or the amendments made by
this Act shall have standing to bring a civil action against the
Federal Government in an appropriate district court of the United
States.
SEC. 5. SEVERABILITY.
If any provision of this Act or any amendment by this Act, or the
application of such provision or amendment to any person or
circumstance, is held to be unconstitutional, the remainder of this Act
and the application of such provision or amendment to any other person
or circumstance shall not be affected.
<all>
</pre></body></html>
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|
118S506
|
Stop Reckless Student Loan Actions Act of 2023
|
[
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"Sen. Thune, John [R-SD]",
"sponsor"
],
[
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"Sen. Cassidy, Bill [R-LA]",
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],
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[
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"cosponsor"
],
[
"S001184",
"Sen. Scott, Tim [R-SC]",
"cosponsor"
],
[
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"Sen. Rounds, Mike [R-SD]",
"cosponsor"
],
[
"B001310",
"Sen. Braun, Mike [R-IN]",
"cosponsor"
]
] |
<p><strong>Stop Reckless Student Loan Actions Act of </strong><b>2023</b></p> <p>This bill limits executive authority to (1) suspend or defer federal student loan payments or interest accrual on such loans, and (2) cancel federal student loans.</p> <p>Specifically, the bill prohibits the President or the Department of Education (ED) from suspending or deferring federal student loan payments or the accrual of interest on such loans for borrowers with annual household incomes over 400% of the federal poverty line.</p> <p>Further, ED may only suspend or defer federal student loan payments or the accrual of interest for such loans for a total of 90 days after the declaration of a national emergency by the President. ED must submit recommendations to Congress on relief necessary for recipients of student financial-aid assistance.</p> <p>Additionally, the bill prohibits the President or ED from cancelling the outstanding balances or portions of balances on student loans due to the COVID-19 national emergency or any other national emergency.</p> <p>Executive or regulatory action to suspend or defer federal student loan payments or to cancel federal student loans shall be subject to congressional review.</p> <p>The bill also revises the definition of <em>affected individual</em> for purposes of the Higher Education Relief Opportunities for Students (HEROES) Act of 2003 to exclude from relief under the act (1) an individual who resides or is employed in an area that is declared a disaster area in connection with a national emergency; or (2) an individual who suffered direct economic hardship as a direct result of a war, military operation, or national emergency.</p>
|
<html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 506 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 506
To amend the Higher Education Relief Opportunities for Students Act of
2003 to strike the Secretary's unilateral authority during a national
emergency, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
February 16, 2023
Mr. Thune (for himself, Mr. Cassidy, Mr. Barrasso, Mrs. Britt, Mr.
Cramer, Ms. Ernst, Mr. Grassley, Mr. Marshall, Mr. Scott of Florida,
and Mr. Scott of South Carolina) 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 Relief Opportunities for Students Act of
2003 to strike the Secretary's unilateral authority during a national
emergency, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Stop Reckless Student Loan Actions
Act of 2023''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) The Higher Education Relief Opportunities for Students
Act of 2003 (20 U.S.C. 1098aa et seq.) was intended to provide
relief opportunities for members of the armed services.
(2) The authority provided under the Higher Education
Relief Opportunities for Students Act of 2003 has been abused
by the executive branch during the COVID-19 national emergency
regarding the payment of Federal student loans.
(3) The unilateral payment pause on Federal student loans
has cost more than $160,000,000,000.
(4) The unilateral payment pause on Federal student loans
has inflationary impacts.
(5) The individuals benefitting the most from the payment
pause continued by the executive branch are doctors, who
receive 11 times the benefit of bachelor's degree recipients
and 16 times the benefit of associate's degree recipients.
SEC. 3. AMENDMENTS TO THE HIGHER EDUCATION RELIEF OPPORTUNITIES FOR
STUDENTS ACT OF 2003.
Section 5(2) of the Higher Education Relief Opportunities for
Students Act of 2003 (20 U.S.C. 1098ee) is amended--
(1) in the matter preceding subparagraph (A), by inserting
``(or the spouse or dependent of the parent, as that term is
used in section 480 of the Higher Education Act of 1965 (20
U.S.C. 1087vv))'' after ``an individual'';
(2) in subparagraph (A), by inserting ``and'' after the
semicolon;
(3) in subparagraph (B), by striking the semicolon and
inserting a period; and
(4) by striking subparagraphs (C) and (D).
SEC. 4. HIGHER EDUCATION RELIEF OPPORTUNITIES FOR CIVILIANS IN THE CASE
OF A NATIONAL EMERGENCY AND LIMITATIONS ON COVERED LOANS.
(a) Temporary Authority for Higher Education Relief.--
(1) In general.--Subject to the limitation provided in
subsection (c), during the 90 day period after a declaration of
a national emergency under section 201 of the National
Emergencies Act (50 U.S.C. 1621), the Secretary of Education
may suspend or defer Federal student loan payments or the
accrual of interest for loans made, insured or guaranteed under
part B, D, or E of title IV of the Higher Education Act of 1965
(20 U.S.C. 1071 et seq.; 1087a et seq.; 1087aa et seq.) or
loans under the Health Education Assistance Loan Program.
(2) Limitation.--The Secretary of Education may not use the
temporary authority provided under paragraph (1) in consecutive
90 day periods.
(b) Recommendations for Higher Education Relief From the Secretary
of Education.--In the case of a national emergency declared by the
President under section 201 of the National Emergencies Act (50 U.S.C.
1621), the Secretary of Education shall submit 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, not
later than 60 days after the date of such declaration, a report that
includes any recommendations on relief necessary for recipients of
student financial assistance under title IV of the Higher Education Act
of 1965 (20 U.S.C. 1070 et seq.).
(c) Limits on Executive Authority To Suspend or Defer Federal
Student Loan Payments or Interest.--
(1) In general.--Notwithstanding any other provision of
law, the President or the Secretary of Education may not
suspend or defer Federal student loan payments on covered loans
or the accrual of interest on covered loans of borrowers with
annual household incomes over 400 percent of the poverty line
(as determined under the poverty guidelines updated
periodically in the Federal Register by the Department of
Health and Human Services under the authority of section 673(2)
of the Community Services Block Grant Act (42 U.S.C. 9902(2))).
(2) Application of congressional review act.--In any case
where the President or the Secretary of Education suspends or
defers Federal student loan payments on covered loans or the
accrual of interest on covered loans through any type of
executive or regulatory action, the suspension or deferral
shall be--
(A) deemed to be a major rule for purposes of
chapter 8 of title 5, United States Code (commonly
known as the ``Congressional Review Act''); and
(B) subject to congressional disapproval in
accordance with such chapter.
(d) Limits on Executive Authority To Cancel Student Loans.--
(1) In general.--Notwithstanding any other provisions of
law, the President or the Secretary of Education may not cancel
the outstanding balances, or a portion of the balances, on
covered loans due to the COVID-19 national emergency or any
other national emergency.
(2) Application of congressional review act.--In any case
where the President or the Secretary of Education cancels the
outstanding balances, or portion of the balances, on covered
loans through any type of executive or regulatory action, the
cancellation shall be--
(A) deemed to be a major rule for purposes of
chapter 8 of title 5, United States Code (commonly
known as the ``Congressional Review Act''); and
(B) subject to congressional disapproval in
accordance with such chapter.
(e) Implementation.--
(1) Regarding suspensions or deferments of federal student
loan payments ongoing at the time of enactment.--Not later than
the effective date of this Act, any suspension or deferment of
Federal student loan payments on covered loans due to the
COVID-19 national emergency shall terminate. Notwithstanding
any other provision of law, a subsequent suspension or
deferment of Federal student loan payments on covered loans for
the COVID-19 national emergency shall be prohibited.
(2) Regarding cancellation of student loans prior to
effective date.--Any cancellation of the outstanding balance,
or portion of a balance, on a covered loan made by the
President or Secretary of Education through any type of
executive or regulatory action in the 30 days before the
effective date of this Act shall be--
(A) deemed to be a major rule for purposes of
chapter 8 of title 5, United States Code (commonly
known as the ``Congressional Review Act''); and
(B) subject to congressional disapproval in
accordance with such chapter.
(f) Definition of Covered Loan.--In this subsection, the term
``covered loan'' means a loan made, insured, or guaranteed under part
B, D, or E of title IV of the Higher Education Act of 1965 (20 U.S.C.
1071 et seq.; 1087a et seq.; 1087aa et seq.) or a loan under the Health
Education Assistance Loan Program.
SEC. 5. EFFECTIVE DATE.
This Act, and the amendments made by this Act, shall take effect on
the date that is 30 days after the date of enactment of this Act.
<all>
</pre></body></html>
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118S507
|
Ralph David Abernathy, Sr., National Historic Site Act
|
[
[
"O000174",
"Sen. Ossoff, Jon [D-GA]",
"sponsor"
],
[
"W000790",
"Sen. Warnock, Raphael G. [D-GA]",
"cosponsor"
]
] |
<p><strong>Ralph David Abernathy, Sr. National Historic Site Act</strong></p> <p>This bill establishes the Ralph David Abernathy, Sr. National Historic Site in Georgia as a unit of the National Park System.</p> <p>The site shall preserve, protect, and interpret the area where the Reverend Dr. Abernathy served as pastor during the height of the modern civil rights movement and his role as an internationally recognized civil rights leader.</p>
|
<html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 507 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 507
To establish the Ralph David Abernathy, Sr., National Historic Site,
and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
February 16, 2023
Mr. Ossoff (for himself and Mr. Warnock) introduced the following bill;
which was read twice and referred to the Committee on Energy and
Natural Resources
_______________________________________________________________________
A BILL
To establish the Ralph David Abernathy, Sr., National Historic Site,
and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Ralph David Abernathy, Sr., National
Historic Site Act''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Historic site.--The term ``Historic Site'' means the
Ralph David Abernathy, Sr., National Historic Site established
by section 3(a).
(2) Map.--The term ``Map'' means the map entitled ``Ralph
David Abernathy, Sr. National Historic Site Proposed
Boundary'', numbered P99/184,019, and dated August 2022.
(3) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(4) State.--The term ``State'' means the State of Georgia.
SEC. 3. RALPH DAVID ABERNATHY, SR., NATIONAL HISTORIC SITE.
(a) Establishment.--
(1) In general.--Subject to paragraph (2), there is
established the Ralph David Abernathy, Sr., National Historic
Site in the State as a unit of the National Park System to
preserve, protect, and interpret for the benefit of present and
future generations--
(A) the site where the Reverend Dr. Abernathy
served as pastor during the height of the modern civil
rights movement, the historic West Hunter Street
Baptist Church; and
(B) the role of Dr. Abernathy as an internationally
recognized civil rights leader.
(2) Determination by the secretary.--The Historic Site
shall not be established until the date on which the Secretary
determines that a sufficient quantity of land and interests in
land have been acquired to constitute a manageable unit.
(3) Notice.--Not later than 30 days after the date on which
the Secretary makes a determination under paragraph (2), the
Secretary shall publish in the Federal Register notice of the
establishment of the Historic Site.
(b) Boundary.--The boundary of the Historic Site shall be the
boundary generally depicted as ``Proposed Boundary'' on the Map.
(c) Availability of Map.--The Map shall be on file and available
for public inspection in the appropriate offices of the National Park
Service.
(d) Acquisition of Land.--
(1) In general.--Subject to paragraph (2), the Secretary
may acquire land and interests in land within the boundary of
the Historic Site by--
(A) donation;
(B) purchase from a willing seller with donated or
appropriated funds; or
(C) exchange.
(2) Limitation.--Any land or interests in land owned by the
State or a political subdivision of the State may be acquired
for inclusion in the Historic Site only by donation.
(e) Administration.--The Secretary shall administer the Historic
Site in accordance with--
(1) this section; and
(2) the laws generally applicable to units of the National
Park System, including--
(A) sections 100101(a), 100751(a), 100752, and
100753 of title 54, United States Code; and
(B) chapters 1003 and 3201 of title 54, United
States Code.
(f) Management Plan.--Not later than 3 years after the date on
which funds are first made available to carry out this Act, the
Secretary shall complete a management plan for the Historic Site in
accordance with section 100502 of title 54, United States Code.
(g) Agreements.--The Secretary may enter into cooperative
agreements, leases, or other agreements, as appropriate, with the State
or other entities to provide and facilitate interpretive and
educational services, administrative support, and technical assistance
related to the Historic Site within or outside the boundaries of the
Historic Site, including--
(1) the placement of directional and interpretive signage;
(2) exhibits;
(3) parking and other administrative needs;
(4) technology-based interpretive devices;
(5) public interpretation and tours; and
(6) the preservation of historic and cultural resources.
<all>
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118S508
|
Ensuring Work Opportunities in Correctional Facilities Act of 2023
|
[
[
"B001288",
"Sen. Booker, Cory A. [D-NJ]",
"sponsor"
]
] |
<html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 508 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 508
To authorize appropriations for occupational education and training
programs of the Bureau of Prisons, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
February 16, 2023
Mr. Booker introduced the following bill; which was read twice and
referred to the Committee on the Judiciary
_______________________________________________________________________
A BILL
To authorize appropriations for occupational education and training
programs of the Bureau of Prisons, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Ensuring Work Opportunities in
Correctional Facilities Act of 2023''.
SEC. 2. EXPANDED WORK PROGRAMS.
(a) Occupational Education Programs.--
(1) In general.--There are authorized to be appropriated to
the Bureau of Prisons $210,000,000 for fiscal years 2024
through 2029 for occupational education and training programs.
(2) Reports.--Beginning on the date that is 2 years after
the date of enactment of this Act, the Director of the Bureau
of Prisons shall submit to the Attorney General public annual
reports, produced by the Program Review Division of the Bureau
of Prisons, an independent governmental or nongovernmental
agency, or a private auditor, that--
(A) includes a list of the programs that receive
the funds appropriated under paragraph (1); and
(B) analyzes the efficacy of the programs described
in subparagraph (A) in providing incarcerated workers
with valuable job skills, improving their quality of
life, and increasing their job prospects upon release.
(b) Prison Work Pilot Projects.--Section 1761(c)(1) of title 18,
United States Code, is amended by striking ``50'' and inserting
``100''.
(c) Vocational Training Programs.--
(1) Omnibus crime control and safe streets act of 1968.--
The Omnibus Crime Control and Safe Streets Act of 1968 (34
U.S.C. 10101 et seq.) is amended--
(A) in section 1001(a) (34 U.S.C. 10261(a)), by
striking paragraph (28) and inserting the following:
``(28) There are authorized to be appropriated to carry out
section 3041(a)(4) of part NN $10,000,000 for each of fiscal
years 2024 through 2029.''; and
(B) in section 2976(o) (34 U.S.C. 10631(o)), by
striking paragraph (1) and inserting the following:
``(1) In general.--To carry out this section, there are
authorized to be appropriated $70,000,000 for each of fiscal
years 2024 through 2029.''.
(2) Careers training and demonstration grants.--Section 115
of the Second Chance Act of 2007 (34 U.S.C. 60511) is amended
by striking subsection (f) and inserting the following:
``(f) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section $20,000,000 for each of fiscal
years 2024 through 2029.''.
<all>
</pre></body></html>
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|
118S509
|
Supporting Americans Wrongfully or Unlawfully Detained Abroad Act of 2023
|
[
[
"M000639",
"Sen. Menendez, Robert [D-NJ]",
"sponsor"
],
[
"R000584",
"Sen. Risch, James E. [R-ID]",
"cosponsor"
],
[
"S001181",
"Sen. Shaheen, Jeanne [D-NH]",
"cosponsor"
],
[
"H000601",
"Sen. Hagerty, Bill [R-TN]",
"cosponsor"
]
] |
<html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 509 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 509
To provide resources for United States nationals unlawfully or
wrongfully detained abroad, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
February 16, 2023
Mr. Menendez (for himself, Mr. Risch, Mrs. Shaheen, and Mr. Hagerty)
introduced the following bill; which was read twice and referred to the
Committee on Foreign Relations
_______________________________________________________________________
A BILL
To provide resources for United States nationals unlawfully or
wrongfully detained abroad, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Supporting Americans Wrongfully or
Unlawfully Detained Abroad Act of 2023''.
SEC. 2. RESOURCES FOR UNITED STATES NATIONALS UNLAWFULLY OR WRONGFULLY
DETAINED ABROAD.
Section 302(d) of the Robert Levinson Hostage Recovery and Hostage-
Taking Accountability Act (22 U.S.C. 1741(d)) is amended--
(1) in the subsection heading, by striking ``Resource
Guidance'' and inserting ``Resources for United States
Nationals Unlawfully or Wrongfully Detained Abroad'';
(2) in paragraph (1), by striking the paragraph heading and
all that follows through ``Not later than'' and inserting the
following:
``(1) Resource guidance.--
``(A) In general.--Not later than'';
(3) in paragraph (2), by redesignating subparagraphs (A),
(B), (C), (D), and (E) and clauses (i), (ii), (iii), (iv), and
(v), respectively, and moving such clauses (as so redesignated)
2 ems to the right;
(4) by redesignating paragraph (2) as subparagraph (B) and
moving such subparagraph (as so redesignated) 2 ems to the
right;
(5) in subparagraph (B), as redesignated by paragraph (4),
by striking ``paragraph (1)'' and inserting ``subparagraph
(A)''; and
(6) by adding at the end the following:
``(2) Travel assistance.--
``(A) Family advocacy.--For the purpose of
facilitating meetings between the United States
Government and the family members of United States
nationals unlawfully or wrongfully detained abroad, the
Secretary shall provide financial assistance to cover
the costs of travel to Washington, DC, including travel
by air, train, bus, or other transit as appropriate, to
any individual who--
``(i) is--
``(I) a family member of a United
States national unlawfully or
wrongfully detained abroad as
determined by the Secretary under
subsection (a); or
``(II) an appropriate individual
who--
``(aa) is approved by the
Special Presidential Envoy for
Hostage Affairs; and
``(bb) does not represent
in any legal capacity a United
States national unlawfully or
wrongfully detained abroad or
the family of such United
States national;
``(ii) has a permanent address that is more
than 50 miles from Washington, DC; and
``(iii) requests such assistance.
``(B) Travel and lodging.--
``(i) In general.--For each such United
States national unlawfully or wrongfully
detained abroad, the financial assistance
described in subparagraph (A) shall be provided
for not more than 2 trips per fiscal year,
unless the Special Presidential Envoy for
Hostage Affairs determines that a third trip is
warranted.
``(ii) Limitations.--Any trip described in
clause (i) shall--
``(I) consist of not more than 2
family members or other individuals
approved in accordance with
subparagraph (A)(i)(II), unless the
Special Presidential Envoy for Hostage
Affairs determines that circumstances
warrant an additional family member or
other individual approved in accordance
with subparagraph (A)(i)(II) and
approves assistance to such third
family member or other individual; and
``(II) not exceed more than 2
nights lodging, which shall not exceed
the applicable government rate.
``(C) Return travel.--If other United States
Government assistance is unavailable, the Secretary may
provide to a United States national unlawfully or
wrongfully detained abroad as determined by the
Secretary under subsection (a), compensation and
assistance, as necessary, for return travel to the
United States upon release of such United States
national.
``(3) Support.--The Secretary shall seek to make available
operational psychologists and clinical social workers, to
support the mental health and well-being of--
``(A) any United States national unlawfully or
wrongfully detained abroad; and
``(B) any family member of such United States
national, with regard to the psychological, social, and
mental health effects of such unlawful or wrongful
detention.
``(4) Notification requirement.--The Secretary shall notify
the Committee on Foreign Relations of the Senate, the Committee
on Foreign Affairs of the House of Representatives, and the
Committees on Appropriations of the Senate and the House of
Representatives of any amount spent above $250,000 for any
fiscal year to carry out paragraphs (2) and (3).
``(5) Report.--Not later than 90 days after the end of each
fiscal year, the Secretary shall submit to the Committees on
Foreign Relations and Appropriations of the Senate and the
Committee on Foreign Affairs and Appropriations of the House of
Representatives a report that includes--
``(A) a detailed description of expenditures made
pursuant to paragraphs (2) and (3);
``(B) a detailed description of support provided
pursuant to paragraph (3) and the individuals providing
such support; and
``(C) the number and location of visits outside of
Washington, DC, during the prior fiscal year made by
the Special Presidential Envoy for Hostage Affairs to
family members of each United States national
unlawfully or wrongfully detained abroad.
``(6) Sunset.--The authority and requirements under
paragraphs (2), (3), (4), and (5) shall terminate on December
31, 2027.
``(7) Family member defined.--In this subsection, the term
`family member' means a spouse, father, mother, child, brother,
sister, grandparent, grandchild, aunt, uncle, nephew, niece,
cousin, father-in-law, mother-in-law, son-in-law, daughter-in-
law, brother-in-law, sister-in-law, stepfather, stepmother,
stepson, stepdaughter, stepbrother, stepsister, half brother,
or half sister.''.
<all>
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|
118S51
|
Washington, D.C. Admission Act
|
[
[
"C000174",
"Sen. Carper, Thomas R. [D-DE]",
"sponsor"
],
[
"V000128",
"Sen. Van Hollen, Chris [D-MD]",
"cosponsor"
],
[
"B001230",
"Sen. Baldwin, Tammy [D-WI]",
"cosponsor"
],
[
"B001267",
"Sen. Bennet, Michael F. [D-CO]",
"cosponsor"
],
[
"B001277",
"Sen. Blumenthal, Richard [D-CT]",
"cosponsor"
],
[
"B001288",
"Sen. Booker, Cory A. [D-NJ]",
"cosponsor"
],
[
"B000944",
"Sen. Brown, Sherrod [D-OH]",
"cosponsor"
],
[
"C000127",
"Sen. Cantwell, Maria [D-WA]",
"cosponsor"
],
[
"C000141",
"Sen. Cardin, Benjamin L. [D-MD]",
"cosponsor"
],
[
"C001070",
"Sen. Casey, Robert P., Jr. [D-PA]",
"cosponsor"
],
[
"C001088",
"Sen. Coons, Christopher A. [D-DE]",
"cosponsor"
],
[
"C001113",
"Sen. Cortez Masto, Catherine [D-NV]",
"cosponsor"
],
[
"D000622",
"Sen. Duckworth, Tammy [D-IL]",
"cosponsor"
],
[
"D000563",
"Sen. Durbin, Richard J. [D-IL]",
"cosponsor"
],
[
"F000062",
"Sen. Feinstein, Dianne [D-CA]",
"cosponsor"
],
[
"F000479",
"Sen. Fetterman, John [D-PA]",
"cosponsor"
],
[
"H001076",
"Sen. Hassan, Margaret Wood [D-NH]",
"cosponsor"
],
[
"H000273",
"Sen. Hickenlooper, John W. [D-CO]",
"cosponsor"
],
[
"H001042",
"Sen. Hirono, Mazie K. [D-HI]",
"cosponsor"
],
[
"K000384",
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"cosponsor"
],
[
"K000367",
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"cosponsor"
],
[
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],
[
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"cosponsor"
],
[
"M000639",
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"cosponsor"
],
[
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"cosponsor"
],
[
"M001169",
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"cosponsor"
],
[
"M001111",
"Sen. Murray, Patty [D-WA]",
"cosponsor"
],
[
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"cosponsor"
],
[
"P000145",
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"cosponsor"
],
[
"P000595",
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"cosponsor"
],
[
"R000122",
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"cosponsor"
],
[
"S000033",
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"cosponsor"
],
[
"S001194",
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"cosponsor"
],
[
"S000148",
"Sen. Schumer, Charles E. [D-NY]",
"cosponsor"
],
[
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"cosponsor"
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[
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"cosponsor"
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[
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"cosponsor"
],
[
"W000790",
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"cosponsor"
],
[
"W000817",
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"cosponsor"
],
[
"W000800",
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"cosponsor"
],
[
"W000802",
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"cosponsor"
],
[
"W000779",
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[
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[
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"cosponsor"
],
[
"G000555",
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"cosponsor"
]
] |
<p><b>Washington, D.C. Admission Act</b></p> <p>This bill provides for the admission of the state of Washington, Douglass Commonwealth into the United States.</p> <p>The commonwealth consists of all the territory of the District of Columbia (DC), excluding certain federal property. The excluded property shall be known as the Capital and serve as the seat of federal government; it includes the principal federal monuments, the White House, the Capitol Building, the Supreme Court Building, and the federal office buildings located adjacent to the Mall and Capitol Building. In addition, the bill maintains the federal government's authority over military lands and specified other property and prohibits the commonwealth from taxing federal property except as permitted by Congress.</p> <p>Within 30 days of this bill's enactment, the DC mayor must call for the election of two Senators and one Representative for the commonwealth. The commonwealth shall be admitted into the United States upon a presidential proclamation announcing the results of that election.</p> <p>The bill applies current DC laws to the commonwealth and continues pending judicial proceedings. It also continues certain federal authorities and responsibilities, including regarding employee benefits, agencies, and courts, until the commonwealth certifies that it is prepared to take over those authorities and responsibilities.</p> <p>Further, the bill provides for expedited consideration of a joint resolution to repeal the Twenty-third Amendment to the Constitution (which allows DC citizens to vote in presidential elections).</p> <p>The bill also establishes a commission to advise the President, Congress, and DC and commonwealth leaders on the transition.</p>
|
<html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 51 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 51
To provide for the admission of the State of Washington, D.C. into the
Union.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
January 24 (legislative day, January 3), 2023
Mr. Carper (for himself, Mr. Van Hollen, Ms. Baldwin, Mr. Bennet, Mr.
Blumenthal, Mr. Booker, Mr. Brown, Ms. Cantwell, Mr. Cardin, Mr. Casey,
Mr. Coons, Ms. Cortez Masto, Ms. Duckworth, Mr. Durbin, Mrs. Feinstein,
Mr. Fetterman, Ms. Hassan, Mr. Hickenlooper, Ms. Hirono, Mr. Kaine, Ms.
Klobuchar, Mr. Lujan, Mr. Markey, Mr. Menendez, Mr. Merkley, Mr.
Murphy, Mrs. Murray, Mr. Ossoff, Mr. Padilla, Mr. Peters, Mr. Reed, Mr.
Sanders, Mr. Schatz, Mr. Schumer, Ms. Smith, Ms. Stabenow, Mr. Warner,
Mr. Warnock, Ms. Warren, Mr. Welch, Mr. Whitehouse, Mr. Wyden, Mr.
Heinrich, and Mrs. Shaheen) introduced the following bill; which was
read twice and referred to the Committee on Homeland Security and
Governmental Affairs
_______________________________________________________________________
A BILL
To provide for the admission of the State of Washington, D.C. into the
Union.
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 ``Washington, D.C.
Admission Act''.
(b) Table of Contents.--The table of contents of this Act is as
follows:
Sec. 1. Short title; table of contents.
TITLE I--STATE OF WASHINGTON, D.C.
Subtitle A--Procedures for Admission
Sec. 101. Admission into the Union.
Sec. 102. Election of Senators and Representative.
Sec. 103. Issuance of Presidential proclamation.
Subtitle B--Seat of Government of the United States
Sec. 111. Territory and boundaries.
Sec. 112. Description of Capital.
Sec. 113. Retention of title to property.
Sec. 114. Effect of admission on current laws of seat of Government of
United States.
Sec. 115. Capital National Guard.
Sec. 116. Termination of legal status of seat of Government of United
States as municipal corporation.
Subtitle C--General Provisions Relating to Laws of State
Sec. 121. Effect of admission on current laws.
Sec. 122. Pending actions and proceedings.
Sec. 123. Limitation on authority to tax Federal property.
Sec. 124. United States nationality.
TITLE II--INTERESTS OF FEDERAL GOVERNMENT
Subtitle A--Federal Property
Sec. 201. Treatment of military lands.
Sec. 202. Waiver of claims to Federal property.
Subtitle B--Federal Courts
Sec. 211. Residency requirements for certain Federal officials.
Sec. 212. Renaming of Federal courts.
Sec. 213. Conforming amendments relating to Department of Justice.
Sec. 214. Treatment of pretrial services in United States District
Court.
Subtitle C--Federal Elections
Sec. 221. Permitting individuals residing in Capital to vote in Federal
elections in State of most recent domicile.
Sec. 222. Repeal of Office of District of Columbia Delegate.
Sec. 223. Repeal of law providing for participation of seat of
Government in election of President and
Vice President.
Sec. 224. Expedited procedures for consideration of constitutional
amendment repealing 23rd Amendment.
TITLE III--CONTINUATION OF CERTAIN AUTHORITIES AND RESPONSIBILITIES
Subtitle A--Employee Benefits
Sec. 301. Federal benefit payments under certain retirement programs.
Sec. 302. Continuation of Federal civil service benefits for employees
first employed prior to establishment of
District of Columbia merit personnel
system.
Sec. 303. Obligations of Federal Government under judges' retirement
program.
Subtitle B--Agencies
Sec. 311. Public Defender Service.
Sec. 312. Prosecutions.
Sec. 313. Service of United States Marshals.
Sec. 314. Designation of felons to facilities of Bureau of Prisons.
Sec. 315. Parole and supervision.
Sec. 316. Courts.
Subtitle C--Other Programs and Authorities
Sec. 321. Application of the College Access Act.
Sec. 322. Application of the Scholarships for Opportunity and Results
Act.
Sec. 323. Medicaid Federal medical assistance percentage.
Sec. 324. Federal planning commissions.
Sec. 325. Role of Army Corps of Engineers in supplying water.
Sec. 326. Requirements to be located in District of Columbia.
TITLE IV--GENERAL PROVISIONS
Sec. 401. General definitions.
Sec. 402. Statehood Transition Commission.
Sec. 403. Certification of enactment by President.
Sec. 404. Severability.
TITLE I--STATE OF WASHINGTON, D.C.
Subtitle A--Procedures for Admission
SEC. 101. ADMISSION INTO THE UNION.
(a) In General.--Subject to the provisions of this Act, upon the
issuance of the proclamation required by section 103(a), the State of
Washington, Douglass Commonwealth is declared to be a State of the
United States of America, and is declared admitted into the Union on an
equal footing with the other States in all respects whatever.
(b) Constitution of State.--The State Constitution shall always be
republican in form and shall not be repugnant to the Constitution of
the United States or the principles of the Declaration of Independence.
(c) Nonseverability.--If any provision of this section, or the
application thereof to any person or circumstance, is held to be
invalid, the remaining provisions of this Act and any amendments made
by this Act shall be treated as invalid.
SEC. 102. ELECTION OF SENATORS AND REPRESENTATIVE.
(a) Issuance of Proclamation.--
(1) In general.--Not more than 30 days after receiving
certification of the enactment of this Act from the President
pursuant to section 403, the Mayor shall issue a proclamation
for the first elections for 2 Senators and one Representative
in Congress from the State, subject to the provisions of this
section.
(2) Special rule for elections of senators.--In the
elections of Senators from the State pursuant to paragraph (1),
the 2 Senate offices shall be separately identified and
designated, and no person may be a candidate for both offices.
No such identification or designation of either of the offices
shall refer to or be taken to refer to the terms of such
offices, or in any way impair the privilege of the Senate to
determine the class to which each of the Senators shall be
assigned.
(b) Rules for Conducting Elections.--
(1) In general.--The proclamation of the Mayor issued under
subsection (a) shall provide for the holding of a primary
election and a general election, and at such elections the
officers required to be elected as provided in subsection (a)
shall be chosen by the qualified voters of the District of
Columbia in the manner required by the laws of the District of
Columbia.
(2) Certification of results.--Election results shall be
certified in the manner required by the laws of the District of
Columbia, except that the Mayor shall also provide written
certification of the results of such elections to the
President.
(c) Assumption of Duties.--Upon the admission of the State into the
Union, the Senators and Representative elected at the elections
described in subsection (a) shall be entitled to be admitted to seats
in Congress and to all the rights and privileges of Senators and
Representatives of the other States in Congress.
(d) Effect of Admission on House of Representatives Membership.--
(1) Permanent increase in number of members.--Effective
with respect to the Congress during which the State is admitted
into the Union and each succeeding Congress, the House of
Representatives shall be composed of 436 Members, including any
Members representing the State.
(2) Initial number of representatives for state.--Until the
taking effect of the first apportionment of Members occurring
after the admission of the State into the Union, the State
shall be entitled to one Representative in the House of
Representatives upon its admission into the Union.
(3) Apportionment of members resulting from admission of
state.--
(A) Apportionment.--Section 22(a) of the Act
entitled ``An Act to provide for the fifteenth and
subsequent decennial censuses and to provide for
apportionment of Representatives in Congress'',
approved June 18, 1929 (2 U.S.C. 2a(a)), is amended by
striking ``the then existing number of
Representatives'' and inserting ``436
Representatives''.
(B) Effective date.--The amendment made by
subparagraph (A) shall apply with respect to the first
regular decennial census conducted after the admission
of the State into the Union and each subsequent regular
decennial census.
SEC. 103. ISSUANCE OF PRESIDENTIAL PROCLAMATION.
(a) In General.--The President, upon the certification of the
results of the elections of the officers required to be elected as
provided in section 102(a), shall, not later than 90 days after
receiving such certification pursuant to section 102(b)(2), issue a
proclamation announcing the results of such elections as so
ascertained.
(b) Admission of State Upon Issuance of Proclamation.--Upon the
issuance of the proclamation by the President under subsection (a), the
State shall be declared admitted into the Union as provided in section
101(a).
Subtitle B--Seat of Government of the United States
SEC. 111. TERRITORY AND BOUNDARIES.
(a) In General.--Except as provided in subsection (b), the State
shall consist of all of the territory of the District of Columbia as of
the date of the enactment of this Act, subject to the results of the
metes and bounds survey conducted under subsection (c).
(b) Exclusion of Portion Remaining as Seat of Government of United
States.--The territory of the State shall not include the area
described in section 112, which shall be known as the ``Capital'' and
shall serve as the seat of the Government of the United States, as
provided in clause 17 of section 8 of article I of the Constitution of
the United States.
(c) Metes and Bounds Survey.--Not later than 180 days after the
date of the enactment of this Act, the President (in consultation with
the Chair of the National Capital Planning Commission) shall conduct a
metes and bounds survey of the Capital, as described in section 112(b).
SEC. 112. DESCRIPTION OF CAPITAL.
(a) In General.--Subject to subsection (c), upon the admission of
the State into the Union, the Capital shall consist of the property
described in subsection (b) and shall include the principal Federal
monuments, the White House, the Capitol Building, the United States
Supreme Court Building, and the Federal executive, legislative, and
judicial office buildings located adjacent to the Mall and the Capitol
Building (as such terms are used in section 8501(a) of title 40, United
States Code).
(b) General Description.--Upon the admission of the State into the
Union, the boundaries of the Capital shall be as follows: Beginning at
the intersection of the southern right-of-way of F Street NE and the
eastern right-of-way of 2nd Street NE;
(1) thence south along said eastern right-of-way of 2nd
Street NE to its intersection with the northeastern right-of-
way of Maryland Avenue NE;
(2) thence southwest along said northeastern right-of-way
of Maryland Avenue NE to its intersection with the northern
right-of-way of Constitution Avenue NE;
(3) thence west along said northern right-of-way of
Constitution Avenue NE to its intersection with the eastern
right-of-way of 1st Street NE;
(4) thence south along said eastern right-of-way of 1st
Street NE to its intersection with the southeastern right-of-
way of Maryland Avenue NE;
(5) thence northeast along said southeastern right-of-way
of Maryland Avenue NE to its intersection with the eastern
right-of-way of 2nd Street SE;
(6) thence south along said eastern right-of-way of 2nd
Street SE to the eastern right-of-way of 2nd Street SE;
(7) thence south along said eastern right-of-way of 2nd
Street SE to its intersection with the northern property
boundary of the property designated as Square 760 Lot 803;
(8) thence east along said northern property boundary of
Square 760 Lot 803 to its intersection with the western right-
of-way of 3rd Street SE;
(9) thence south along said western right-of-way of 3rd
Street SE to its intersection with the northern right-of-way of
Independence Avenue SE;
(10) thence west along said northern right-of-way of
Independence Avenue SE to its intersection with the
northwestern right-of-way of Pennsylvania Avenue SE;
(11) thence northwest along said northwestern right-of-way
of Pennsylvania Avenue SE to its intersection with the eastern
right-of-way of 2nd Street SE;
(12) thence south along said eastern right-of-way of 2nd
Street SE to its intersection with the southern right-of-way of
C Street SE;
(13) thence west along said southern right-of-way of C
Street SE to its intersection with the eastern right-of-way of
1st Street SE;
(14) thence south along said eastern right-of-way of 1st
Street SE to its intersection with the southern right-of-way of
D Street SE;
(15) thence west along said southern right-of-way of D
Street SE to its intersection with the eastern right-of-way of
South Capitol Street;
(16) thence south along said eastern right-of-way of South
Capitol Street to its intersection with the northwestern right-
of-way of Canal Street SE;
(17) thence southeast along said northwestern right-of-way
of Canal Street SE to its intersection with the southern right-
of-way of E Street SE;
(18) thence east along said southern right-of-way of said E
Street SE to its intersection with the western right-of-way of
1st Street SE;
(19) thence south along said western right-of-way of 1st
Street SE to its intersection with the southernmost corner of
the property designated as Square 736S Lot 801;
(20) thence west along a line extended due west from said
corner of said property designated as Square 736S Lot 801 to
its intersection with the southwestern right-of-way of New
Jersey Avenue SE;
(21) thence southeast along said southwestern right-of-way
of New Jersey Avenue SE to its intersection with the
northwestern right-of-way of Virginia Avenue SE;
(22) thence northwest along said northwestern right-of-way
of Virginia Avenue SE to its intersection with the western
right-of-way of South Capitol Street;
(23) thence north along said western right-of-way of South
Capitol Street to its intersection with the southern right-of-
way of E Street SW;
(24) thence west along said southern right-of-way of E
Street SW to its end;
(25) thence west along a line extending said southern
right-of-way of E Street SW westward to its intersection with
the eastern right-of-way of 2nd Street SW;
(26) thence north along said eastern right-of-way of 2nd
Street SW to its intersection with the southwestern right-of-
way of Virginia Avenue SW;
(27) thence northwest along said southwestern right-of-way
of Virginia Avenue SW to its intersection with the western
right-of-way of 3rd Street SW;
(28) thence north along said western right-of-way of 3rd
Street SW to its intersection with the northern right-of-way of
D Street SW;
(29) thence west along said northern right-of-way of D
Street SW to its intersection with the eastern right-of-way of
4th Street SW;
(30) thence north along said eastern right-of-way of 4th
Street SW to its intersection with the northern right-of-way of
C Street SW;
(31) thence west along said northern right-of-way of C
Street SW to its intersection with the eastern right-of-way of
6th Street SW;
(32) thence north along said eastern right-of-way of 6th
Street SW to its intersection with the northern right-of-way of
Independence Avenue SW;
(33) thence west along said northern right-of-way of
Independence Avenue SW to its intersection with the western
right-of-way of 12th Street SW;
(34) thence south along said western right-of-way of 12th
Street SW to its intersection with the northern right-of-way of
D Street SW;
(35) thence west along said northern right-of-way of D
Street SW to its intersection with the eastern right-of-way of
14th Street SW;
(36) thence south along said eastern right-of-way of 14th
Street SW to its intersection with the northeastern boundary of
the Consolidated Rail Corporation railroad easement;
(37) thence southwest along said northeastern boundary of
the Consolidated Rail Corporation railroad easement to its
intersection with the eastern shore of the Potomac River;
(38) thence generally northwest along said eastern shore of
the Potomac River to its intersection with a line extending
westward the northern boundary of the property designated as
Square 12 Lot 806;
(39) thence east along said line extending westward the
northern boundary of the property designated as Square 12 Lot
806 to the northern property boundary of the property
designated as Square 12 Lot 806, and continuing east along said
northern boundary of said property designated as Square 12 Lot
806 to its northeast corner;
(40) thence east along a line extending east from said
northeast corner of the property designated as Square 12 Lot
806 to its intersection with the western boundary of the
property designated as Square 33 Lot 87;
(41) thence south along said western boundary of the
property designated as Square 33 Lot 87 to its intersection
with the northwest corner of the property designated as Square
33 Lot 88;
(42) thence counter-clockwise around the boundary of said
property designated as Square 33 Lot 88 to its southeast
corner, which is along the northern right-of-way of E Street
NW;
(43) thence east along said northern right-of-way of E
Street NW to its intersection with the western right-of-way of
18th Street NW;
(44) thence south along said western right-of-way of 18th
Street NW to its intersection with the southwestern right-of-
way of Virginia Avenue NW;
(45) thence southeast along said southwestern right-of-way
of Virginia Avenue NW to its intersection with the northern
right-of-way of Constitution Avenue NW;
(46) thence east along said northern right-of-way of
Constitution Avenue NW to its intersection with the eastern
right-of-way of 17th Street NW;
(47) thence north along said eastern right-of-way of 17th
Street NW to its intersection with the southern right-of-way of
H Street NW;
(48) thence east along said southern right-of-way of H
Street NW to its intersection with the northwest corner of the
property designated as Square 221 Lot 35;
(49) thence counter-clockwise around the boundary of said
property designated as Square 221 Lot 35 to its southeast
corner, which is along the boundary of the property designated
as Square 221 Lot 37;
(50) thence counter-clockwise around the boundary of said
property designated as Square 221 Lot 37 to its southwest
corner, which it shares with the property designated as Square
221 Lot 818;
(51) thence south along the boundary of said property
designated as Square 221 Lot 818 to its southwest corner, which
it shares with the property designated as Square 221 Lot 40;
(52) thence south along the boundary of said property
designated as Square 221 Lot 40 to its southwest corner;
(53) thence east along the southern border of said property
designated as Square 221 Lot 40 to its intersection with the
northwest corner of the property designated as Square 221 Lot
820;
(54) thence south along the western boundary of said
property designated as Square 221 Lot 820 to its southwest
corner, which it shares with the property designated as Square
221 Lot 39;
(55) thence south along the western boundary of said
property designated as Square 221 Lot 39 to its southwest
corner, which is along the northern right-of-way of
Pennsylvania Avenue NW;
(56) thence east along said northern right-of-way of
Pennsylvania Avenue NW to its intersection with the western
right-of-way of 15th Street NW;
(57) thence south along said western right-of-way of 15th
Street NW to its intersection with a line extending northwest
from the southern right-of-way of the portion of Pennsylvania
Avenue NW north of Pershing Square;
(58) thence southeast along said line extending the
southern right-of-way of Pennsylvania Avenue NW to the southern
right-of-way of Pennsylvania Avenue NW, and continuing
southeast along said southern right-of-way of Pennsylvania
Avenue NW to its intersection with the western right-of-way of
14th Street NW;
(59) thence south along said western right-of-way of 14th
Street NW to its intersection with a line extending west from
the southern right-of-way of D Street NW;
(60) thence east along said line extending west from the
southern right-of-way of D Street NW to the southern right-of-
way of D Street NW, and continuing east along said southern
right-of-way of D Street NW to its intersection with the
eastern right-of-way of 13\1/2\ Street NW;
(61) thence north along said eastern right-of-way of 13\1/
2\ Street NW to its intersection with the southern right-of-way
of Pennsylvania Avenue NW;
(62) thence east and southeast along said southern right-
of-way of Pennsylvania Avenue NW to its intersection with the
western right-of-way of 12th Street NW;
(63) thence south along said western right-of-way of 12th
Street NW to its intersection with a line extending to the west
the southern boundary of the property designated as Square 324
Lot 809;
(64) thence east along said line to the southwest corner of
said property designated as Square 324 Lot 809, and continuing
northeast along the southern boundary of said property
designated as Square 324 Lot 809 to its eastern corner, which
it shares with the property designated as Square 323 Lot 802;
(65) thence east along the southern boundary of said
property designated as Square 323 Lot 802 to its southeast
corner, which it shares with the property designated as Square
324 Lot 808;
(66) thence counter-clockwise around the boundary of said
property designated as Square 324 Lot 808 to its northeastern
corner, which is along the southern right-of-way of
Pennsylvania Avenue NW;
(67) thence southeast along said southern right-of-way of
Pennsylvania Avenue NW to its intersection with the eastern
right-of-way of 4th Street NW;
(68) thence north along a line extending north from said
eastern right-of-way of 4th Street NW to its intersection with
the southern right-of-way of C Street NW;
(69) thence east along said southern right-of-way of C
Street NW to its intersection with the eastern right-of-way of
3rd Street NW;
(70) thence north along said eastern right-of-way of 3rd
Street NW to its intersection with the southern right-of-way of
D Street NW;
(71) thence east along said southern right-of-way of D
Street NW to its intersection with the western right-of-way of
1st Street NW;
(72) thence south along said western right-of-way of 1st
Street NW to its intersection with the northern right-of-way of
C Street NW;
(73) thence west along said northern right-of-way of C
Street NW to its intersection with the western right-of-way of
2nd Street NW;
(74) thence south along said western right-of-way of 2nd
Street NW to its intersection with the northern right-of-way of
Constitution Avenue NW;
(75) thence east along said northern right-of-way of
Constitution Avenue NW to its intersection with the
northeastern right-of-way of Louisiana Avenue NW;
(76) thence northeast along said northeastern right-of-way
of Louisiana Avenue NW to its intersection with the
southwestern right-of-way of New Jersey Avenue NW;
(77) thence northwest along said southwestern right-of-way
of New Jersey Avenue NW to its intersection with the northern
right-of-way of D Street NW;
(78) thence east along said northern right-of-way of D
Street NW to its intersection with the northeastern right-of-
way of Louisiana Avenue NW;
(79) thence northeast along said northwestern right-of-way
of Louisiana Avenue NW to its intersection with the western
right-of-way of North Capitol Street;
(80) thence north along said western right-of-way of North
Capitol Street to its intersection with the southwestern right-
of-way of Massachusetts Avenue NW;
(81) thence southeast along said southwestern right-of-way
of Massachusetts Avenue NW to the southwestern right-of-way of
Massachusetts Avenue NE;
(82) thence southeast along said southwestern right-of-way
of Massachusetts Avenue NE to the southern right-of-way of
Columbus Circle NE;
(83) thence counter-clockwise along said southern right-of-
way of Columbus Circle NE to its intersection with the southern
right-of-way of F Street NE; and
(84) thence east along said southern right-of-way of F
Street NE to the point of beginning.
(c) Exclusion of Building Serving as State Capitol.--
Notwithstanding any other provision of this section, after the
admission of the State into the Union, the Capital shall not be
considered to include the building known as the ``John A. Wilson
Building'', as described and designated under section 601(a) of the
Omnibus Spending Reduction Act of 1993 (sec. 10-1301(a), D.C. Official
Code).
(d) Clarification of Treatment of Frances Perkins Building.--The
entirety of the Frances Perkins Building, including any portion of the
Building which is north of D Street Northwest, shall be included in the
Capital.
SEC. 113. RETENTION OF TITLE TO PROPERTY.
(a) Retention of Federal Title.--The United States shall have and
retain title to, or jurisdiction over, for purposes of administration
and maintenance, all real and personal property with respect to which
the United States holds title or jurisdiction for such purposes on the
day before the date of the admission of the State into the Union.
(b) Retention of State Title.--The State shall have and retain
title to, or jurisdiction over, for purposes of administration and
maintenance, all real and personal property with respect to which the
District of Columbia holds title or jurisdiction for such purposes on
the day before the date of the admission of the State into the Union.
SEC. 114. EFFECT OF ADMISSION ON CURRENT LAWS OF SEAT OF GOVERNMENT OF
UNITED STATES.
Except as otherwise provided in this Act, the laws of the District
of Columbia which are in effect on the day before the date of the
admission of the State into the Union (without regard to whether such
laws were enacted by Congress or by the District of Columbia) shall
apply in the Capital in the same manner and to the same extent
beginning on the date of the admission of the State into the Union, and
shall be deemed laws of the United States which are applicable only in
or to the Capital.
SEC. 115. CAPITAL NATIONAL GUARD.
(a) Establishment.--Title 32, United States Code, is amended as
follows:
(1) Definitions.--In paragraphs (4), (6), and (19) of
section 101, by striking ``District of Columbia'' each place it
appears and inserting ``Capital''.
(2) Branches and organizations.--In section 103, by
striking ``District of Columbia'' and inserting ``Capital''.
(3) Units: location; organization; command.--In subsections
(c) and (d) of section 104, by striking ``District of
Columbia'' both places it appears and inserting ``Capital''.
(4) Availability of appropriations.--In section 107(b), by
striking ``District of Columbia'' and inserting ``Capital''.
(5) Maintenance of other troops.--In subsections (a), (b),
and (c) of section 109, by striking ``District of Columbia''
each place it appears and inserting ``Capital''.
(6) Drug interdiction and counter-drug activities.--In
section 112(h)--
(A) by striking ``District of Columbia,'' both
places it appears and inserting ``Capital,''; and
(B) in paragraph (2), by striking ``National Guard
of the District of Columbia'' and inserting ``Capital
National Guard''.
(7) Enlistment oath.--In section 304, by striking
``District of Columbia'' and inserting ``Capital''.
(8) Adjutants general.--In section 314, by striking
``District of Columbia'' each place it appears and inserting
``Capital''.
(9) Detail of regular members of army and air force to duty
with national guard.--In section 315, by striking ``District of
Columbia'' each place it appears and inserting ``Capital''.
(10) Discharge of officers; termination of appointment.--In
section 324(b), by striking ``District of Columbia'' and
inserting ``Capital''.
(11) Relief from national guard duty when ordered to active
duty.--In subsections (a) and (b) of section 325, by striking
``District of Columbia'' each place it appears and inserting
``Capital''.
(12) Courts-martial of national guard not in federal
service: composition, jurisdiction, and procedures; convening
authority.--In sections 326 and 327, by striking ``District of
Columbia'' each place it appears and inserting ``Capital''.
(13) Active guard and reserve duty: governor's authority.--
In section 328(a), by striking ``District of Columbia'' and
inserting ``Capital''.
(14) Training generally.--In section 501(b), by striking
``District of Columbia'' and inserting ``Capital''.
(15) Participation in field exercises.--In section 503(b),
by striking ``District of Columbia'' and inserting ``Capital''.
(16) National guard schools and small arms competitions.--
In section 504(b), by striking ``District of Columbia'' and
inserting ``Capital''.
(17) Army and air force schools and field exercises.--In
section 505, by striking ``National Guard of the District of
Columbia'' and inserting ``Capital National Guard''.
(18) National guard youth challenge program.--In
subsections (c)(1), (g)(2), (j), (k), and (l)(1) of section
509, by striking ``District of Columbia'' each place it appears
and inserting ``Capital''.
(19) Issue of supplies.--In section 702--
(A) in subsection (a), by striking ``National Guard
of the District of Columbia'' and inserting ``Capital
National Guard''; and
(B) in subsections (b), (c), and (d), by striking
``District of Columbia'' each place it appears and
inserting ``Capital''.
(20) Purchases of supplies from army or air force.--In
subsections (a) and (b) of section 703, by striking ``District
of Columbia'' both places it appears and inserting ``Capital''.
(21) Accountability: relief from upon order to active
duty.--In section 704, by striking ``District of Columbia'' and
inserting ``Capital''.
(22) Property and fiscal officers.--In section 708--
(A) in subsection (a), by striking ``National Guard
of the District of Columbia'' and inserting ``Capital
National Guard''; and
(B) in subsection (d), by striking ``District of
Columbia'' and inserting ``Capital''.
(23) Accountability for property issued to the national
guard.--In subsections (c), (d), (e), and (f) of section 710,
by striking ``District of Columbia'' each place it appears and
inserting ``Capital''.
(24) Disposition of obsolete or condemned property.--In
section 711, by striking ``District of Columbia'' and inserting
``Capital''.
(25) Disposition of proceeds of condemned stores issued to
national guard.--In paragraph (1) of section 712, by striking
``District of Columbia'' and inserting ``Capital''.
(26) Property loss; personal injury or death.--In section
715(c), by striking ``District of Columbia'' and inserting
``Capital''.
(b) Conforming Amendments.--
(1) Capital defined.--
(A) In general.--Section 101 of title 32, United
States Code, is amended by adding at the end the
following new paragraph:
``(20) `Capital' means the area serving as the seat of the
Government of the United States, as described in section 112 of
the Washington, D.C. Admission Act.''.
(B) With regards to homeland defense activities.--
Section 901 of title 32, United States Code, is
amended--
(i) in paragraph (2), by striking
``District of Columbia'' and inserting
``Capital''; and
(ii) by adding at the end the following new
paragraph:
``(3) The term `Governor' means, with respect to the
Capital, the commanding general of the Capital National
Guard.''.
(2) Title 10, united states code.--Title 10, United States
Code, is amended as follows:
(A) Definitions.--In section 101--
(i) in subsection (a), by adding at the end
the following new paragraph:
``(21) The term `Capital' means the area serving as the
seat of the Government of the United States, as described in
section 112 of the Washington, D.C. Admission Act.'';
(ii) in paragraphs (2) and (4) of
subsection (c), by striking ``District of
Columbia'' both places it appears and inserting
``Capital''; and
(iii) in subsection (d)(5), by striking
``District of Columbia'' and inserting
``Capital''.
(B) Disposition on discharge.--In section 771a(c),
by striking ``District of Columbia'' and inserting
``Capital''.
(C) TRICARE coverage for certain members of the
national guard and dependents during certain disaster
response duty.--In section 1076f--
(i) in subsections (a) and (c)(1), by
striking ``with respect to the District of
Columbia, the mayor of the District of
Columbia'' both places it appears and inserting
``with respect to the Capital, the commanding
general of the Capital National Guard''; and
(ii) in subsection (c)(2), by striking
``District of Columbia'' and inserting
``Capital''.
(D) Payment of claims: availability of
appropriations.--In paragraph (2)(B) of section 2732,
by striking ``District of Columbia'' and inserting
``Capital''.
(E) Members of army national guard: detail as
students, observers, and investigators at educational
institutions, industrial plants, and hospitals.--In
section 7401(c), by striking ``District of Columbia''
and inserting ``Capital''.
(F) Members of air national guard: detail as
students, observers, and investigators at educational
institutions, industrial plants, and hospitals.--In
section 9401(c), by striking ``District of Columbia''
and inserting ``Capital''.
(G) Ready reserve: failure to satisfactorily
perform prescribed training.--In section 10148(b)--
(i) by striking ``District of Columbia,''
and inserting ``Capital,''; and
(ii) by striking ``District of Columbia
National Guard'' and inserting ``Capital
National Guard''.
(H) Chief of the national guard bureau.--In section
10502(a)(1)--
(i) by striking ``District of Columbia,''
and inserting ``Capital,''; and
(ii) by striking ``District of Columbia
National Guard'' and inserting ``Capital
National Guard''.
(I) Vice chief of the national guard bureau.--In
section 10505(a)(1)(A)--
(i) by striking ``District of Columbia,''
and inserting ``Capital,''; and
(ii) by striking ``District of Columbia
National Guard'' and inserting ``Capital
National Guard''.
(J) Other senior national guard bureau officers.--
In subparagraphs (A) and (B) of section 10506(a)(1)--
(i) by striking ``District of Columbia,''
both places it appears and inserting
``Capital,''; and
(ii) by striking ``District of Columbia
National Guard'' both places it appears and
inserting ``Capital National Guard''.
(K) National guard bureau: general provisions.--In
section 10508(b)(1), by striking ``District of
Columbia'' and inserting ``Capital''.
(L) Commissioned officers: original appointment;
limitation.--In section 12204(b), by striking
``District of Columbia'' and inserting ``Capital''.
(M) Reserve components generally.--In section
12301(b), by striking ``District of Columbia National
Guard'' both places it appears and inserting ``Capital
National Guard''.
(N) National guard in federal service: call.--In
section 12406--
(i) by striking ``District of Columbia,''
and inserting ``Capital,''; and
(ii) by striking ``National Guard of the
District of Columbia'' and inserting ``Capital
National Guard''.
(O) Result of failure to comply with standards and
qualifications.--In section 12642(c), by striking
``District of Columbia'' and inserting ``Capital''.
(P) Limitation on relocation of national guard
units.--In section 18238--
(i) by striking ``District of Columbia,''
and inserting ``Capital,''; and
(ii) by striking ``National Guard of the
District of Columbia'' and inserting ``Capital
National Guard''.
SEC. 116. TERMINATION OF LEGAL STATUS OF SEAT OF GOVERNMENT OF UNITED
STATES AS MUNICIPAL CORPORATION.
Notwithstanding section 2 of the Revised Statutes relating to the
District of Columbia (sec. 1-102, D.C. Official Code) or any other
provision of law codified in subchapter I of chapter 1 of the District
of Columbia Official Code, effective upon the date of the admission of
the State into the Union, the Capital (or any portion thereof) shall
not serve as a government and shall not be a body corporate for
municipal purposes.
Subtitle C--General Provisions Relating to Laws of State
SEC. 121. EFFECT OF ADMISSION ON CURRENT LAWS.
(a) Legislative Power.--The legislative power of the State shall
extend to all rightful subjects of legislation in the State, consistent
with the Constitution of the United States (including the restrictions
and limitations imposed upon the States by article I, section 10) and
subject to the provisions of this Act.
(b) Continuation of Authority and Duties of Members of Executive,
Legislative, and Judicial Offices.--Upon the admission of the State
into the Union, members of executive, legislative, and judicial offices
of the District of Columbia shall be deemed members of the respective
executive, legislative, and judicial offices of the State, as provided
by the State Constitution and the laws of the State.
(c) Treatment of Federal Laws.--To the extent that any law of the
United States applies to the States generally, the law shall have the
same force and effect in the State as elsewhere in the United States,
except as such law may otherwise provide.
(d) No Effect on Existing Contracts.--Nothing in the admission of
the State into the Union shall affect any obligation under any contract
or agreement under which the District of Columbia or the United States
is a party, as in effect on the day before the date of the admission of
the State into the Union.
(e) Succession in Interstate Compacts.--The State shall be deemed
to be the successor to the District of Columbia for purposes of any
interstate compact which is in effect on the day before the date of the
admission of the State into the Union.
(f) Continuation of Service of Federal Members on Boards and
Commissions.--Nothing in the admission of the State into the Union
shall affect the authority of a representative of the Federal
Government who, as of the day before the date of the admission of the
State into the Union, is a member of a board or commission of the
District of Columbia to serve as a member of such board or commission
or as a member of a successor to such board or commission after the
admission of the State into the Union, as may be provided by the State
Constitution and the laws of the State.
(g) Special Rule Regarding Enforcement Authority of United States
Capitol Police, United States Park Police, and United States Secret
Service Uniformed Division.--The United States Capitol Police, the
United States Park Police, and the United States Secret Service
Uniformed Division may not enforce any law of the State in the State,
except to the extent authorized by the State. Nothing in this
subsection may be construed to affect the authority of the United
States Capitol Police, the United States Park Police, and the United
States Secret Service Uniformed Division to enforce any law in the
Capital.
SEC. 122. PENDING ACTIONS AND PROCEEDINGS.
(a) State as Legal Successor to District of Columbia.--The State
shall be the legal successor to the District of Columbia in all
matters.
(b) No Effect on Pending Proceedings.--All existing writs, actions,
suits, judicial and administrative proceedings, civil or criminal
liabilities, prosecutions, judgments, sentences, orders, decrees,
appeals, causes of action, claims, demands, titles, and rights shall
continue unaffected by the admission of the State into the Union with
respect to the State or the United States, except as may be provided
under this Act, as may be modified in accordance with the provisions of
the State Constitution, and as may be modified by the laws of the State
or the United States, as the case may be.
SEC. 123. LIMITATION ON AUTHORITY TO TAX FEDERAL PROPERTY.
The State may not impose any tax on any real or personal property
owned or acquired by the United States, except to the extent that
Congress may permit.
SEC. 124. UNITED STATES NATIONALITY.
No provision of this Act shall operate to confer United States
nationality, to terminate nationality lawfully acquired, or to restore
nationality terminated or lost under any law of the United States or
under any treaty to which the United States is or was a party.
TITLE II--INTERESTS OF FEDERAL GOVERNMENT
Subtitle A--Federal Property
SEC. 201. TREATMENT OF MILITARY LANDS.
(a) Reservation of Federal Authority.--
(1) In general.--Subject to paragraph (2) and subsection
(b) and notwithstanding the admission of the State into the
Union, authority is reserved in the United States for the
exercise by Congress of the power of exclusive legislation in
all cases whatsoever over such tracts or parcels of land
located in the State that, on the day before the date of the
admission of the State into the Union, are controlled or owned
by the United States and held for defense or Coast Guard
purposes.
(2) Limitation on authority.--The power of exclusive
legislation described in paragraph (1) shall vest and remain in
the United States only so long as the particular tract or
parcel of land involved is controlled or owned by the United
States and held for defense or Coast Guard purposes.
(b) Authority of State.--
(1) In general.--The reservation of authority in the United
States under subsection (a) shall not operate to prevent such
tracts or parcels of land from being a part of the State, or to
prevent the State from exercising over or upon such lands,
concurrently with the United States, any jurisdiction which it
would have in the absence of such reservation of authority and
which is consistent with the laws hereafter enacted by Congress
pursuant to such reservation of authority.
(2) Service of process.--The State shall have the right to
serve civil or criminal process in such tracts or parcels of
land in which the authority of the United States is reserved
under subsection (a) in suits or prosecutions for or on account
of rights acquired, obligations incurred, or crimes committed
in the State but outside of such lands.
SEC. 202. WAIVER OF CLAIMS TO FEDERAL PROPERTY.
(a) In General.--As a compact with the United States, the State and
its people disclaim all right and title to any real or personal
property not granted or confirmed to the State by or under the
authority of this Act, the right or title to which is held by the
United States or subject to disposition by the United States.
(b) Effect on Claims Against United States.--
(1) In general.--Nothing in this Act shall recognize, deny,
enlarge, impair, or otherwise affect any claim against the
United States, and any such claim shall be governed by
applicable laws of the United States.
(2) Rule of construction.--Nothing in this Act is intended
or shall be construed as a finding, interpretation, or
construction by Congress that any applicable law authorizes,
establishes, recognizes, or confirms the validity or invalidity
of any claim referred to in paragraph (1), and the
determination of the applicability to or the effect of any law
on any such claim shall be unaffected by anything in this Act.
Subtitle B--Federal Courts
SEC. 211. RESIDENCY REQUIREMENTS FOR CERTAIN FEDERAL OFFICIALS.
(a) Circuit Judges.--Section 44(c) of title 28, United States Code,
is amended--
(1) by striking ``Except in the District of Columbia,
each'' and inserting ``Each''; and
(2) by striking ``within fifty miles of the District of
Columbia'' and inserting ``within fifty miles of the Capital''.
(b) District Judges.--Section 134(b) of such title is amended in
the first sentence by striking ``the District of Columbia, the Southern
District of New York, and'' and inserting ``the Southern District of
New York and''.
(c) United States Attorneys.--Section 545(a) of such title is
amended by striking the first sentence and inserting ``Each United
States attorney shall reside in the district for which he or she is
appointed, except that those officers of the Southern District of New
York and the Eastern District of New York may reside within 20 miles
thereof.''.
(d) United States Marshals.--Section 561(e)(1) of such title is
amended to read as follows:
``(1) the marshal for the Southern District of New York may
reside within 20 miles of the district; and''.
(e) Clerks of District Courts.--Section 751(c) of such title is
amended by striking ``the District of Columbia and''.
(f) Effective Date.--The amendments made by this section shall
apply only to individuals appointed after the date of the admission of
the State into the Union.
SEC. 212. RENAMING OF FEDERAL COURTS.
(a) Renaming.--
(1) Circuit court.--Section 41 of title 28, United States
Code, is amended--
(A) in the first column, by striking ``District of
Columbia'' and inserting ``Capital''; and
(B) in the second column, by striking ``District of
Columbia'' and inserting ``Capital; Washington,
Douglass Commonwealth''.
(2) District court.--Section 88 of such title is amended--
(A) in the heading, by striking ``District of
Columbia'' and inserting ``Washington, Douglass
Commonwealth and the Capital'';
(B) by amending the first paragraph to read as
follows:
``The State of Washington, Douglass Commonwealth and the
Capital comprise one judicial district.''; and
(C) in the second paragraph, by striking
``Washington'' and inserting ``the Capital''.
(3) Clerical amendment.--The item relating to section 88 in
the table of sections for chapter 5 of such title is amended to
read as follows:
``88. Washington, Douglass Commonwealth and the Capital.''.
(b) Conforming Amendments Relating to Court of Appeals.--Title 28,
United States Code, is amended as follows:
(1) Appointment of judges.--Section 44(a) of such title is
amended in the first column by striking ``District of
Columbia'' and inserting ``Capital''.
(2) Terms of court.--Section 48(a) of such title is
amended--
(A) in the first column, by striking ``District of
Columbia'' and inserting ``Capital'';
(B) in the second column, by striking
``Washington'' and inserting ``Capital''; and
(C) in the second column, by striking ``District of
Columbia'' and inserting ``Capital''.
(3) Appointment of independent counsels by chief judge of
circuit.--Section 49 of such title is amended by striking
``District of Columbia'' each place it appears and inserting
``Capital''.
(4) Circuit court jurisdiction over certification of death
penalty counsels.--Section 2265(c)(2) of such title is amended
by striking ``the District of Columbia Circuit'' and inserting
``the Capital Circuit''.
(5) Circuit court jurisdiction over review of federal
agency orders.--Section 2343 of such title is amended by
striking ``the District of Columbia Circuit'' and inserting
``the Capital Circuit''.
(c) Conforming Amendments Relating to District Court.--Title 28,
United States Code, is amended as follows:
(1) Appointment and number of district court judges.--
Section 133(a) of such title is amended in the first column by
striking ``District of Columbia'' and inserting ``Washington,
Douglass Commonwealth and the Capital''.
(2) District court jurisdiction of tax cases brought
against united states.--Section 1346(e) of such title is
amended by striking ``the District of Columbia'' and inserting
``Washington, Douglass Commonwealth and the Capital''.
(3) District court jurisdiction over proceedings for
forfeiture of foreign property.--Section 1355(b)(2) of such
title is amended by striking ``the District of Columbia'' and
inserting ``Washington, Douglass Commonwealth and the
Capital''.
(4) District court jurisdiction over civil actions brought
against a foreign state.--Section 1391(f)(4) of such title is
amended by striking ``the District of Columbia'' and inserting
``Washington, Douglass Commonwealth and the Capital''.
(5) District court jurisdiction over actions brought by
corporations against united states.--Section 1402(a)(2) of such
title is amended by striking ``the District of Columbia'' and
inserting ``Washington, Douglass Commonwealth and the
Capital''.
(6) Venue in district court of certain actions brought by
employees of executive office of the president.--Section 1413
of such title is amended by striking ``the District of
Columbia'' and inserting ``Washington, Douglass Commonwealth
and the Capital''.
(7) Venue in district court of action enforcing foreign
judgment.--Section 2467(c)(2)(B) of such title is amended by
striking ``the District of Columbia'' and inserting
``Washington, Douglass Commonwealth and the Capital''.
(d) Conforming Amendments Relating to Other Courts.--Title 28,
United States Code, is amended as follows:
(1) Appointment of bankruptcy judges.--Section 152(a)(2) of
such title is amended in the first column by striking
``District of Columbia'' and inserting ``Washington, Douglass
Commonwealth and the Capital''.
(2) Location of court of federal claims.--Section 173 of
such title is amended by striking ``the District of Columbia''
and inserting ``the Capital''.
(3) Duty station of judges of court of federal claims.--
Section 175 of such title is amended by striking ``the District
of Columbia'' each place it appears and inserting ``the
Capital''.
(4) Duty station of judges for purposes of traveling
expenses.--Section 456(b) of such title is amended to read as
follows:
``(b) The official duty station of the Chief Justice of the United
States, the Justices of the Supreme Court of the United States, and the
judges of the United States Court of Appeals for the Federal Circuit
shall be the Capital.''.
(5) Court accommodations for federal circuit and court of
federal claims.--Section 462(d) of such title is amended by
striking ``the District of Columbia'' and inserting ``the
Capital''.
(6) Places of holding court of court of federal claims.--
Section 798(a) of such title is amended--
(A) by striking ``Washington, District of
Columbia'' and inserting ``the Capital''; and
(B) by striking ``the District of Columbia'' and
inserting ``the Capital''.
(e) Other Conforming Amendments.--
(1) Service of process on foreign parties at state
department office.--Section 1608(a)(4) of such title is amended
by striking ``Washington, District of Columbia'' and inserting
``the Capital''.
(2) Service of process in property cases at attorney
general office.--Section 2410(b) of such title is amended by
striking ``Washington, District of Columbia'' and inserting
``the Capital''.
(f) Definition.--Section 451 of title 28, United States Code, is
amended by adding at the end the following new undesignated paragraph:
``The term `Capital' means the area serving as the seat of the
Government of the United States, as described in section 112 of the
Washington, D.C. Admission Act.''.
(g) References in Other Laws.--Any reference in any Federal law
(other than a law amended by this section), rule, or regulation--
(1) to the United States Court of Appeals for the District
of Columbia shall be deemed to refer to the United States Court
of Appeals for the Capital;
(2) to the District of Columbia Circuit shall be deemed to
refer to the Capital Circuit; and
(3) to the United States District Court for the District of
Columbia shall be deemed to refer to the United States District
Court for Washington, Douglass Commonwealth and the Capital.
(h) Effective Date.--This section and the amendments made by this
section shall take effect upon the admission of the State into the
Union.
SEC. 213. CONFORMING AMENDMENTS RELATING TO DEPARTMENT OF JUSTICE.
(a) Appointment of United States Trustees.--Section 581(a)(4) of
title 28, United States Code, is amended by striking ``the District of
Columbia'' and inserting ``the Capital and Washington, Douglass
Commonwealth''.
(b) Independent Counsels.--
(1) Appointment of additional personnel.--Section 594(c) of
such title is amended--
(A) by striking ``the District of Columbia'' the
first place it appears and inserting ``Washington,
Douglass Commonwealth and the Capital''; and
(B) by striking ``the District of Columbia'' the
second place it appears and inserting ``Washington,
Douglass Commonwealth''.
(2) Judicial review of removal.--Section 596(a)(3) of such
title is amended by striking ``the District of Columbia'' and
inserting ``Washington, Douglass Commonwealth and the
Capital''.
(c) Effective Date.--The amendments made by this section shall take
effect upon the admission of the State into the Union.
SEC. 214. TREATMENT OF PRETRIAL SERVICES IN UNITED STATES DISTRICT
COURT.
Section 3152 of title 18, United States Code, is amended--
(1) in subsection (a), by striking ``(other than the
District of Columbia)'' and inserting ``(subject to subsection
(d), other than the District of Columbia)''; and
(2) by adding at the end the following new subsection:
``(d) In the case of the judicial district of Washington, Douglass
Commonwealth and the Capital--
``(1) upon the admission of the State of Washington,
Douglass Commonwealth into the Union, the Washington, Douglass
Commonwealth Pretrial Services Agency shall continue to provide
pretrial services in the judicial district in the same manner
and to the same extent as the District of Columbia Pretrial
Services Agency provided such services in the judicial district
of the District of Columbia as of the day before the date of
the admission of the State into the Union; and
``(2) upon the receipt by the President of the
certification from the State of Washington, Douglass
Commonwealth under section 315(b)(4) of the Washington, D.C.
Admission Act that the State has in effect laws providing for
the State to provide pre-trial services, paragraph (1) shall no
longer apply, and the Director shall provide for the
establishment of pretrial services in the judicial district
under this section.''.
Subtitle C--Federal Elections
SEC. 221. PERMITTING INDIVIDUALS RESIDING IN CAPITAL TO VOTE IN FEDERAL
ELECTIONS IN STATE OF MOST RECENT DOMICILE.
(a) Requirement for States To Permit Individuals To Vote by
Absentee Ballot.--
(1) In general.--Each State shall--
(A) permit absent Capital voters to use absentee
registration procedures and to vote by absentee ballot
in general, special, primary, and runoff elections for
Federal office; and
(B) accept and process, with respect to any
general, special, primary, or runoff election for
Federal office, any otherwise valid voter registration
application from an absent Capital voter, if the
application is received by the appropriate State
election official not less than 30 days before the
election.
(2) Absent capital voter defined.--In this section, the
term ``absent Capital voter'' means, with respect to a State, a
person who resides in the Capital and is qualified to vote in
the State (or who would be qualified to vote in the State but
for residing in the Capital), but only if the State is the last
place in which the person was domiciled before residing in the
Capital.
(3) State defined.--In this section, the term ``State''
means each of the several States, including the State.
(b) Recommendations to States To Maximize Access to Polls by Absent
Capital Voters.--To afford maximum access to the polls by absent
Capital voters, it is the sense of Congress that the States should--
(1) waive registration requirements for absent Capital
voters who, by reason of residence in the Capital, do not have
an opportunity to register;
(2) expedite processing of balloting materials with respect
to such individuals; and
(3) assure that absentee ballots are mailed to such
individuals at the earliest opportunity.
(c) Enforcement.--The Attorney General may bring a civil action in
the appropriate district court of the United States for such
declaratory or injunctive relief as may be necessary to carry out this
section.
(d) Effect on Certain Other Laws.--The exercise of any right under
this section shall not affect, for purposes of a Federal tax, a State
tax, or a local tax, the residence or domicile of a person exercising
such right.
(e) Effective Date.--This section shall take effect upon the date
of the admission of the State into the Union, and shall apply with
respect to elections for Federal office taking place on or after such
date.
SEC. 222. REPEAL OF OFFICE OF DISTRICT OF COLUMBIA DELEGATE.
(a) In General.--Sections 202 and 204 of the District of Columbia
Delegate Act (Public Law 91-405; sections 1-401 and 1-402, D.C.
Official Code) are repealed, and the provisions of law amended or
repealed by such sections are restored or revived as if such sections
had not been enacted.
(b) Conforming Amendments to District of Columbia Elections Code of
1955.--The District of Columbia Elections Code of 1955 is amended--
(1) in section 1 (sec. 1-1001.01, D.C. Official Code), by
striking ``the Delegate to the House of Representatives,'';
(2) in section 2 (sec. 1-1001.02, D.C. Official Code)--
(A) by striking paragraph (6),
(B) in paragraph (12), by striking ``(except the
Delegate to Congress for the District of Columbia)'',
and
(C) in paragraph (13), by striking ``the Delegate
to Congress for the District of Columbia,'';
(3) in section 8 (sec. 1-1001.08, D.C. Official Code)--
(A) by striking ``Delegate,'' in the heading, and
(B) by striking ``Delegate,'' each place it appears
in subsections (d), (h)(1)(A), (h)(2), (i)(1), (j)(1),
(j)(3), and (k)(3);
(4) in section 10 (sec. 1-1001.10, D.C. Official Code)--
(A) by striking subparagraph (A) of subsection
(a)(3), and
(B) in subsection (d)--
(i) by striking ``Delegate,'' each place it
appears in paragraph (1), and
(ii) by striking paragraph (2) and
redesignating paragraph (3) as paragraph (2);
(5) in section 11(a)(2) (sec. 1-1001.11(a)(2), D.C.
Official Code), by striking ``Delegate to the House of
Representatives,'';
(6) in section 15(b) (sec. 1-1001.15(b), D.C. Official
Code), by striking ``Delegate,''; and
(7) in section 17(a) (sec. 1-1001.17(a), D.C. Official
Code), by striking ``except the Delegate to the Congress from
the District of Columbia''.
(c) Effective Date.--The amendments made by this section shall take
effect upon the admission of the State into the Union.
SEC. 223. REPEAL OF LAW PROVIDING FOR PARTICIPATION OF SEAT OF
GOVERNMENT IN ELECTION OF PRESIDENT AND VICE PRESIDENT.
(a) In General.--Chapter 1 of title 3, United States Code, is
amended--
(1) by striking section 21; and
(2) in the table of sections, by striking the item relating
to section 21.
(b) Effective Date.--The amendments made by subsection (a) shall
take effect upon the date of the admission of the State into the Union,
and shall apply to any election of the President and Vice President
taking place on or after such date.
SEC. 224. EXPEDITED PROCEDURES FOR CONSIDERATION OF CONSTITUTIONAL
AMENDMENT REPEALING 23RD AMENDMENT.
(a) Joint Resolution Described.--In this section, the term ``joint
resolution'' means a joint resolution--
(1) entitled ``A joint resolution proposing an amendment to
the Constitution of the United States to repeal the 23rd
article of amendment''; and
(2) the matter after the resolving clause of which consists
solely of text to amend the Constitution of the United States
to repeal the 23rd article of amendment to the Constitution.
(b) Expedited Consideration in House of Representatives.--
(1) Placement on calendar.--Upon introduction in the House
of Representatives, the joint resolution shall be placed
immediately on the appropriate calendar.
(2) Proceeding to consideration.--
(A) In general.--It shall be in order, not later
than 30 legislative days after the date the joint
resolution is introduced in the House of
Representatives, to move to proceed to consider the
joint resolution in the House of Representatives.
(B) Procedure.--For a motion to proceed to consider
the joint resolution--
(i) all points of order against the motion
are waived;
(ii) such a motion shall not be in order
after the House of Representatives has disposed
of a motion to proceed on the joint resolution;
(iii) the previous question shall be
considered as ordered on the motion to its
adoption without intervening motion;
(iv) the motion shall not be debatable; and
(v) a motion to reconsider the vote by
which the motion is disposed of shall not be in
order.
(3) Consideration.--When the House of Representatives
proceeds to consideration of the joint resolution--
(A) the joint resolution shall be considered as
read;
(B) all points of order against the joint
resolution and against its consideration are waived;
(C) the previous question shall be considered as
ordered on the joint resolution to its passage without
intervening motion except 10 hours of debate equally
divided and controlled by the proponent and an
opponent;
(D) an amendment to the joint resolution shall not
be in order; and
(E) a motion to reconsider the vote on passage of
the joint resolution shall not be in order.
(c) Expedited Consideration in Senate.--
(1) Placement on calendar.--Upon introduction in the
Senate, the joint resolution shall be placed immediately on the
calendar.
(2) Proceeding to consideration.--
(A) In general.--Notwithstanding rule XXII of the
Standing Rules of the Senate, it is in order, not later
than 30 legislative days after the date the joint
resolution is introduced in the Senate (even though a
previous motion to the same effect has been disagreed
to) to move to proceed to the consideration of the
joint resolution.
(B) Procedure.--For a motion to proceed to the
consideration of the joint resolution--
(i) all points of order against the motion
are waived;
(ii) the motion is not debatable;
(iii) the motion is not subject to a motion
to postpone;
(iv) a motion to reconsider the vote by
which the motion is agreed to or disagreed to
shall not be in order; and
(v) if the motion is agreed to, the joint
resolution shall remain the unfinished business
until disposed of.
(3) Floor consideration.--
(A) In general.--If the Senate proceeds to
consideration of the joint resolution--
(i) all points of order against the joint
resolution (and against consideration of the
joint resolution) are waived;
(ii) consideration of the joint resolution,
and all debatable motions and appeals in
connection therewith, shall be limited to not
more than 30 hours, which shall be divided
equally between the majority and minority
leaders or their designees;
(iii) a motion further to limit debate is
in order and not debatable;
(iv) an amendment to, a motion to postpone,
or a motion to commit the joint resolution is
not in order; and
(v) a motion to proceed to the
consideration of other business is not in
order.
(B) Vote on passage.--In the Senate the vote on
passage shall occur immediately following the
conclusion of the consideration of the joint
resolution, and a single quorum call at the conclusion
of the debate if requested in accordance with the rules
of the Senate.
(C) Rulings of the chair on procedure.--Appeals
from the decisions of the Chair relating to the
application of this subsection or the rules of the
Senate, as the case may be, to the procedure relating
to the joint resolution shall be decided without
debate.
(d) Rules Relating to Senate and House of Representatives.--
(1) Coordination with action by other house.--If, before
the passage by one House of the joint resolution of that House,
that House receives from the other House the joint resolution--
(A) the joint resolution of the other House shall
not be referred to a committee; and
(B) with respect to the joint resolution of the
House receiving the resolution--
(i) the procedure in that House shall be
the same as if no joint resolution had been
received from the other House; and
(ii) the vote on passage shall be on the
joint resolution of the other House.
(2) Treatment of joint resolution of other house.--If one
House fails to introduce or consider the joint resolution under
this section, the joint resolution of the other House shall be
entitled to expedited floor procedures under this section.
(3) Treatment of companion measures.--If, following passage
of the joint resolution in the Senate, the Senate receives the
companion measure from the House of Representatives, the
companion measure shall not be debatable.
(e) Rules of House of Representatives and Senate.--This section is
enacted by Congress--
(1) as an exercise of the rulemaking power of the Senate
and House of Representatives, respectively, and as such is
deemed a part of the rules of each House, respectively, but
applicable only with respect to the procedure to be followed in
that House in the case of the joint resolution, and supersede
other rules only to the extent that it is inconsistent with
such rules; and
(2) with full recognition of the constitutional right of
either House to change the rules (so far as relating to the
procedure of that House) at any time, in the same manner, and
to the same extent as in the case of any other rule of that
House.
TITLE III--CONTINUATION OF CERTAIN AUTHORITIES AND RESPONSIBILITIES
Subtitle A--Employee Benefits
SEC. 301. FEDERAL BENEFIT PAYMENTS UNDER CERTAIN RETIREMENT PROGRAMS.
(a) Continuation of Entitlement to Payments.--Any individual who,
as of the day before the date of the admission of the State into the
Union, is entitled to a Federal benefit payment under the District of
Columbia Retirement Protection Act of 1997 (subtitle A of title XI of
the National Capital Revitalization and Self-Government Improvement Act
of 1997; sec. 1-801.01 et seq., D.C. Official Code) shall continue to
be entitled to such a payment after the admission of the State into the
Union, in the same manner, to the same extent, and subject to the same
terms and conditions applicable under such Act.
(b) Obligations of Federal Government.--
(1) In general.--Any obligation of the Federal Government
under the District of Columbia Retirement Protection Act of
1997 which exists with respect to any individual or with
respect to the District of Columbia as of the day before the
date of the admission of the State into the Union shall remain
in effect with respect to such an individual and with respect
to the State after the admission of the State into the Union,
in the same manner, to the same extent, and subject to the same
terms and conditions applicable under such Act.
(2) D.C. federal pension fund.--Any obligation of the
Federal Government under chapter 9 of the District of Columbia
Retirement Protection Act of 1997 (sec. 1-817.01 et seq., D.C.
Official Code) with respect to the D.C. Federal Pension Fund
which exists as of the day before the date of the admission of
the State into the Union shall remain in effect with respect to
such Fund after the admission of the State into the Union, in
the same manner, to the same extent, and subject to the same
terms and conditions applicable under such chapter.
(c) Obligations of State.--Any obligation of the District of
Columbia under the District of Columbia Retirement Protection Act of
1997 which exists with respect to any individual or with respect to the
Federal Government as of the day before the date of the admission of
the State into the Union shall become an obligation of the State with
respect to such an individual and with respect to the Federal
Government after the admission of the State into the Union, in the same
manner, to the same extent, and subject to the same terms and
conditions applicable under such Act.
SEC. 302. CONTINUATION OF FEDERAL CIVIL SERVICE BENEFITS FOR EMPLOYEES
FIRST EMPLOYED PRIOR TO ESTABLISHMENT OF DISTRICT OF
COLUMBIA MERIT PERSONNEL SYSTEM.
(a) Obligations of Federal Government.--Any obligation of the
Federal Government under title 5, United States Code, which exists with
respect to an individual described in subsection (c) or with respect to
the District of Columbia as of the day before the date of the admission
of the State into the Union shall remain in effect with respect to such
individual and with respect to the State after the admission of the
State into the Union, in the same manner, to the same extent, and
subject to the same terms and conditions applicable under such title.
(b) Obligations of State.--Any obligation of the District of
Columbia under title 5, United States Code, which exists with respect
to an individual described in subsection (c) or with respect to the
Federal Government as of the day before the date of the admission of
the State into the Union shall become an obligation of the State with
respect to such individual and with respect to the Federal Government
after the admission of the State into the Union, in the same manner, to
the same extent, and subject to the same terms and conditions
applicable under such title.
(c) Individuals Described.--An individual described in this
subsection is an individual who was first employed by the government of
the District of Columbia before October 1, 1987.
SEC. 303. OBLIGATIONS OF FEDERAL GOVERNMENT UNDER JUDGES' RETIREMENT
PROGRAM.
(a) Continuation of Obligations.--
(1) In general.--Any obligation of the Federal Government
under subchapter III of chapter 15 of title 11, District of
Columbia Official Code--
(A) which exists with respect to any individual and
the District of Columbia as the result of service
accrued prior to the date of the admission of the State
into the Union shall remain in effect with respect to
such an individual and with respect to the State after
the admission of the State into the Union, in the same
manner, to the same extent, and subject to the same
terms and conditions applicable under such subchapter;
and
(B) subject to paragraph (2), shall exist with
respect to any individual and the State as the result
of service accrued after the date of the admission of
the State into the Union in the same manner, to the
same extent, and subject to the same terms and
conditions applicable under such subchapter as such
obligation existed with respect to individuals and the
District of Columbia as of the date of the admission of
the State into the Union.
(2) Treatment of service accrued after taking effect of
state retirement program.--Subparagraph (B) of paragraph (1)
does not apply to service accrued on or after the termination
date described in subsection (b).
(b) Termination Date.--The termination date described in this
subsection is the date on which the State provides written
certification to the President that the State has in effect laws
requiring the State to appropriate and make available funds for the
retirement of judges of the State.
Subtitle B--Agencies
SEC. 311. PUBLIC DEFENDER SERVICE.
(a) Continuation of Operations and Funding.--
(1) In general.--Except as provided in paragraph (2) and
subsection (b), title III of the District of Columbia Court
Reform and Criminal Procedure Act of 1970 (sec. 2-1601 et seq.,
D.C. Official Code) shall apply with respect to the State and
to the public defender service of the State after the date of
the admission of the State into the Union in the same manner
and to the same extent as such title applied with respect to
the District of Columbia and the District of Columbia Public
Defender Service as of the day before the date of the admission
of the State into the Union.
(2) Responsibility for employer contribution.--For purposes
of paragraph (2) of section 305(c) of such Act (sec. 2-
1605(c)(2), D.C. Official Code), the Federal Government shall
be treated as the employing agency with respect to the benefits
provided under such section to an individual who is an employee
of the public defender service of the State and who, pursuant
to section 305(c) of such Act (sec. 2-1605(c), D.C. Official
Code), is treated as an employee of the Federal Government for
purposes of receiving benefits under any chapter of subpart G
of part III of title 5, United States Code.
(b) Renaming of Service.--Effective upon the date of the admission
of the State into the Union, the State may rename the public defender
service of the State.
(c) Continuation of Federal Benefits for Employees.--
(1) In general.--Any individual who is an employee of the
public defender service of the State as of the day before the
date described in subsection (d) and who, pursuant to section
305(c) of the District of Columbia Court Reform and Criminal
Procedure Act of 1970 (sec. 2-1605(c), D.C. Official Code), is
treated as an employee of the Federal Government for purposes
of receiving benefits under any chapter of subpart G of part
III of title 5, United States Code, shall continue to be
treated as an employee of the Federal Government for such
purposes, notwithstanding the termination of the provisions of
subsection (a) under subsection (d).
(2) Responsibility for employer contribution.--Beginning on
the date described in subsection (d), the State shall be
treated as the employing agency with respect to the benefits
described in paragraph (1) which are provided to an individual
who, for purposes of receiving such benefits, is continued to
be treated as an employee of the Federal Government under such
paragraph.
(d) Termination.--Subsection (a) shall terminate upon the date on
which the State provides written certification to the President that
the State has in effect laws requiring the State to appropriate and
make available funds for the operation of the office of the State which
provides the services described in title III of the District of
Columbia Court Reform and Criminal Procedure Act of 1970 (sec. 2-1601
et seq., D.C. Official Code).
SEC. 312. PROSECUTIONS.
(a) Assignment of Assistant United States Attorneys.--
(1) In general.--In accordance with subchapter VI of
chapter 33 of title 5, United States Code, the Attorney
General, with the concurrence of the District of Columbia or
the State (as the case may be), shall provide for the
assignment of assistant United States attorneys to the State to
carry out the functions described in subsection (b).
(2) Assignments made on detail without reimbursement by
state.--In accordance with section 3373 of title 5, United
States Code--
(A) an assistant United States attorney who is
assigned to the State under this section shall be
deemed under subsection (a) of such section to be on
detail to a regular work assignment in the Department
of Justice; and
(B) the assignment of an assistant United States
attorney to the State under this section shall be made
without reimbursement by the State of the pay of the
attorney or any related expenses.
(b) Functions Described.--The functions described in this
subsection are criminal prosecutions conducted in the name of the State
which would have been conducted in the name of the United States by the
United States attorney for the District of Columbia or his or her
assistants, as provided under section 23-101(c), District of Columbia
Official Code, but for the admission of the State into the Union.
(c) Minimum Number Assigned.--The number of assistant United States
attorneys who are assigned under this section may not be less than the
number of assistant United States attorneys whose principal duties as
of the day before the date of the admission of the State into the Union
were to conduct criminal prosecutions in the name of the United States
under section 23-101(c), District of Columbia Official Code.
(d) Termination.--The obligation of the Attorney General to provide
for the assignment of assistant United States attorneys under this
section shall terminate upon written certification by the State to the
President that the State has appointed attorneys of the State to carry
out the functions described in subsection (b).
(e) Clarification Regarding Clemency Authority.--
(1) In general.--Effective upon the admission of the State
into the Union, the authority to grant clemency for offenses
against the District of Columbia or the State shall be
exercised by such person or persons, and under such terms and
conditions, as provided by the State Constitution and the laws
of the State, without regard to whether the prosecution for the
offense was conducted by the District of Columbia, the State,
or the United States.
(2) Definition.--In this subsection, the term ``clemency''
means a pardon, reprieve, or commutation of sentence, or a
remission of a fine or other financial penalty.
SEC. 313. SERVICE OF UNITED STATES MARSHALS.
(a) Provision of Services for Courts of State.--The United States
Marshals Service shall provide services with respect to the courts and
court system of the State in the same manner and to the same extent as
the Service provided services with respect to the courts and court
system of the District of Columbia as of the day before the date of the
admission of the State into the Union, except that the President shall
not appoint a United States Marshal under section 561 of title 28,
United States Code, for any court of the State.
(b) Termination.--The obligation of the United States Marshals
Service to provide services under this section shall terminate upon
written certification by the State to the President that the State has
appointed personnel of the State to provide such services.
SEC. 314. DESIGNATION OF FELONS TO FACILITIES OF BUREAU OF PRISONS.
(a) Continuation of Designation.--Chapter 1 of subtitle C of title
XI of the National Capital Revitalization and Self-Government
Improvement Act of 1997 (sec. 24-101 et seq., D.C. Official Code) and
the amendments made by such chapter--
(1) shall continue to apply with respect to individuals
convicted of offenses under the laws of the District of
Columbia prior to the date of the admission of the State into
the Union; and
(2) shall apply with respect to individuals convicted of
offenses under the laws of the State after the date of the
admission of the State into the Union in the same manner and to
the same extent as such chapter and amendments applied with
respect to individuals convicted of offenses under the laws of
the District of Columbia prior to the date of the admission of
the State into the Union.
(b) Termination.--The provisions of this section shall terminate
upon written certification by the State to the President that the State
has in effect laws for the housing of individuals described in
subsection (a) in correctional facilities.
SEC. 315. PAROLE AND SUPERVISION.
(a) United States Parole Commission.--
(1) Parole.--The United States Parole Commission--
(A) shall continue to exercise the authority to
grant, deny, and revoke parole, and to impose
conditions upon an order of parole, in the case of any
individual who is an imprisoned felon who is eligible
for parole or reparole under the laws of the District
of Columbia as of the day before the date of the
admission of the State into the Union, as provided
under section 11231 of the National Capital
Revitalization and Self-Government Improvement Act of
1997 (sec. 24-131, D.C. Official Code); and
(B) shall exercise the authority to grant, deny,
and revoke parole, and to impose conditions upon an
order of parole, in the case of any individual who is
an imprisoned felon who is eligible for parole or
reparole under the laws of the State in the same manner
and to the same extent as the Commission exercised in
the case of any individual described in subparagraph
(A).
(2) Supervision of released offenders.--The United States
Parole Commission--
(A) shall continue to exercise the authority over
individuals who are released offenders of the District
of Columbia as of the day before the date of the
admission of the State into the Union, as provided
under section 11233(c)(2) of the National Capital
Revitalization and Self-Government Improvement Act of
1997 (sec. 24-133(c)(2), D.C. Official Code); and
(B) shall exercise authority over individuals who
are released offenders of the State in the same manner
and to the same extent as the Commission exercised
authority over individuals described in subparagraph
(A).
(3) Continuation of federal benefits for employees.--
(A) Continuation.--Any individual who is an
employee of the United States Parole Commission as of
the later of the day before the date described in
subparagraph (A) of paragraph (4) or the day before the
date described in subparagraph (B) of paragraph (4) and
who, on or after such date, is an employee of the
office of the State which exercises the authority
described in either such subparagraph, shall continue
to be treated as an employee of the Federal Government
for purposes of receiving benefits under any chapter of
subpart G of part III of title 5, United States Code,
notwithstanding the termination of the provisions of
this subsection under paragraph (4).
(B) Responsibility for employer contribution.--
Beginning on the later of the date described in
subparagraph (A) of paragraph (4) or the date described
in subparagraph (B) of paragraph (4), the State shall
be treated as the employing agency with respect to the
benefits described in subparagraph (A) which are
provided to an individual who, for purposes of
receiving such benefits, is continued to be treated as
an employee of the Federal Government under such
subparagraph.
(4) Termination.--The provisions of this subsection shall
terminate--
(A) in the case of paragraph (1), on the date on
which the State provides written certification to the
President that the State has in effect laws providing
for the State to exercise the authority to grant, deny,
and revoke parole, and to impose conditions upon an
order of parole, in the case of any individual who is
an imprisoned felon who is eligible for parole or
reparole under the laws of the State; and
(B) in the case of paragraph (2), on the date on
which the State provides written certification to the
President that the State has in effect laws providing
for the State to exercise authority over individuals
who are released offenders of the State.
(b) Court Services and Offender Supervision Agency.--
(1) Renaming.--Effective upon the date of the admission of
the State into the Union--
(A) the Court Services and Offender Supervision
Agency for the District of Columbia shall be known and
designated as the Court Services and Offender
Supervision Agency for Washington, Douglass
Commonwealth, and any reference in any law, rule, or
regulation to the Court Services and Offender
Supervision Agency for the District of Columbia shall
be deemed to refer to the Court Services and Offender
Supervision Agency for Washington, Douglass
Commonwealth; and
(B) the District of Columbia Pretrial Services
Agency shall be known and designated as the Washington,
Douglass Commonwealth Pretrial Services Agency, and any
reference in any law, rule or regulation to the
District of Columbia Pretrial Services Agency shall be
deemed to refer to the Washington, Douglass
Commonwealth Pretrial Services Agency.
(2) In general.--The Court Services and Offender
Supervision Agency for Washington, Douglass Commonwealth,
including the Washington, Douglass Commonwealth Pretrial
Services Agency (as renamed under paragraph (1))--
(A) shall continue to provide pretrial services
with respect to individuals who are charged with an
offense in the District of Columbia, provide
supervision for individuals who are offenders on
probation, parole, and supervised release pursuant to
the laws of the District of Columbia, and carry out sex
offender registration functions with respect to
individuals who are sex offenders in the District of
Columbia, as of the day before the date of the
admission of the State into the Union, as provided
under section 11233 of the National Capital
Revitalization and Self-Government Improvement Act of
1997 (sec. 24-133, D.C. Official Code); and
(B) shall provide pretrial services with respect to
individuals who are charged with an offense in the
State, provide supervision for offenders on probation,
parole, and supervised release pursuant to the laws of
the State, and carry out sex offender registration
functions in the State, in the same manner and to the
same extent as the Agency provided such services and
supervision and carried out such functions for
individuals described in subparagraph (A).
(3) Continuation of federal benefits for employees.--
(A) Continuation.--Any individual who is an
employee of the Court Services and Offender Supervision
Agency for Washington, Douglass Commonwealth as of the
day before the date described in paragraph (4), and
who, on or after such date, is an employee of the
office of the State which provides the services and
carries out the functions described in paragraph (4),
shall continue to be treated as an employee of the
Federal Government for purposes of receiving benefits
under any chapter of subpart G of part III of title 5,
United States Code, notwithstanding the termination of
the provisions of paragraph (2) under paragraph (4).
(B) Responsibility for employer contribution.--
Beginning on the date described in paragraph (4), the
State shall be treated as the employing agency with
respect to the benefits described in subparagraph (A)
which are provided to an individual who, for purposes
of receiving such benefits, is continued to be treated
as an employee of the Federal Government under such
subparagraph.
(4) Termination.--Paragraph (2) shall terminate on the date
on which the State provides written certification to the
President that the State has in effect laws providing for the
State to provide pretrial services, supervise offenders on
probation, parole, and supervised release, and carry out sex
offender registration functions in the State.
SEC. 316. COURTS.
(a) Continuation of Operations.--
(1) In general.--Except as provided in paragraphs (2) and
(3) and subsection (b), title 11, District of Columbia Official
Code, as in effect on the date before the date of the admission
of the State into the Union, shall apply with respect to the
State and the courts and court system of the State after the
date of the admission of the State into the Union in the same
manner and to the same extent as such title applied with
respect to the District of Columbia and the courts and court
system of the District of Columbia as of the day before the
date of the admission of the State into the Union.
(2) Responsibility for employer contribution.--For purposes
of paragraph (2) of section 11-1726(b) and paragraph (2) of
section 11-1726(c), District of Columbia Official Code, the
Federal Government shall be treated as the employing agency
with respect to the benefits provided under such section to an
individual who is an employee of the courts and court system of
the State and who, pursuant to either such paragraph, is
treated as an employee of the Federal Government for purposes
of receiving benefits under any chapter of subpart G of part
III of title 5, United States Code.
(3) Other exceptions.--
(A) Selection of judges.--Effective upon the date
of the admission of the State into the Union, the State
shall select judges for any vacancy on the courts of
the State.
(B) Renaming of courts and other offices.--
Effective upon the date of the admission of the State
into the Union, the State may rename any of its courts
and any of the other offices of its court system.
(C) Rules of construction.--Nothing in this
paragraph shall be construed--
(i) to affect the service of any judge
serving on a court of the District of Columbia
on the day before the date of the admission of
the State into the Union, or to require the
State to select such a judge for a vacancy on a
court of the State; or
(ii) to waive any of the requirements of
chapter 15 of title 11, District of Columbia
Official Code (other than section 11-1501(a) of
such Code), including subchapter II of such
chapter (relating to the District of Columbia
Commission on Judicial Disabilities and
Tenure), with respect to the appointment and
service of judges of the courts of the State.
(b) Continuation of Federal Benefits for Employees.--
(1) In general.--Any individual who is an employee of the
courts or court system of the State as of the day before the
date described in subsection (e) and who, pursuant to section
11-1726(b) or section 11-1726(c), District of Columbia Official
Code, is treated as an employee of the Federal Government for
purposes of receiving benefits under any chapter of subpart G
of part III of title 5, United States Code, shall continue to
be treated as an employee of the Federal Government for such
purposes, notwithstanding the termination of the provisions of
this section under subsection (e).
(2) Responsibility for employer contribution.--Beginning on
the date described in subsection (e), the State shall be
treated as the employing agency with respect to the benefits
described in paragraph (1) which are provided to an individual
who, for purposes of receiving such benefits, is continued to
be treated as an employee of the Federal Government under such
paragraph.
(c) Continuation of Funding.--Section 11241 of the National Capital
Revitalization and Self-Government Improvement Act of 1997 (section 11-
1743 note, District of Columbia Official Code) shall apply with respect
to the State and the courts and court system of the State after the
date of the admission of the State into the Union in the same manner
and to the same extent as such section applied with respect to the
Joint Committee on Judicial Administration in the District of Columbia
and the courts and court system of the District of Columbia as of the
day before the date of the admission of the State into the Union.
(d) Treatment of Court Receipts.--
(1) Deposit of receipts into treasury.--Except as provided
in paragraph (2), all money received by the courts and court
system of the State shall be deposited in the Treasury of the
United States.
(2) Crime victims compensation fund.--Section 16 of the
Victims of Violent Crime Compensation Act of 1996 (sec. 4-515,
D.C. Official Code), relating to the Crime Victims Compensation
Fund, shall apply with respect to the courts and court system
of the State in the same manner and to the same extent as such
section applied to the courts and court system of the District
of Columbia as of the day before the date of the admission of
the State into the Union.
(e) Termination.--The provisions of this section, other than
paragraph (3) of subsection (a) and except as provided under subsection
(b), shall terminate on the date on which the State provides written
certification to the President that the State has in effect laws
requiring the State to appropriate and make available funds for the
operation of the courts and court system of the State.
Subtitle C--Other Programs and Authorities
SEC. 321. APPLICATION OF THE COLLEGE ACCESS ACT.
(a) Continuation.--The District of Columbia College Access Act of
1999 (Public Law 106-98; sec. 38-2701 et seq., D.C. Official Code)
shall apply with respect to the State, and to the public institution of
higher education designated by the State as the successor to the
University of the District of Columbia, after the date of the admission
of the State into the Union in the same manner and to the same extent
as such Act applied with respect to the District of Columbia and the
University of the District of Columbia as of the day before the date of
the admission of the State into the Union.
(b) Termination.--The provisions of this section, other than with
respect to the public institution of higher education designated by the
State as the successor to the University of the District of Columbia,
shall terminate upon written certification by the State to the
President that the State has in effect laws requiring the State to
provide tuition assistance substantially similar to the assistance
provided under the District of Columbia College Access Act of 1999.
SEC. 322. APPLICATION OF THE SCHOLARSHIPS FOR OPPORTUNITY AND RESULTS
ACT.
(a) Continuation.--The Scholarships for Opportunity and Results Act
(division C of Public Law 112-10; sec. 38-1853.01 et seq., D.C.
Official Code) shall apply with respect to the State after the date of
the admission of the State into the Union in the same manner and to the
same extent as such Act applied with respect to the District of
Columbia as of the day before the date of the admission of the State
into the Union.
(b) Termination.--The provisions of this section shall terminate
upon written certification by the State to the President that the State
has in effect laws requiring the State--
(1) to provide tuition assistance substantially similar to
the assistance provided under the Scholarships for Opportunity
and Results Act; and
(2) to provide supplemental funds to the public schools and
public charter schools of the State in the amounts provided in
the most recent fiscal year for public schools and public
charter schools of the State or the District of Columbia (as
the case may be) under such Act.
SEC. 323. MEDICAID FEDERAL MEDICAL ASSISTANCE PERCENTAGE.
(a) Continuation.--Notwithstanding section 1905(b) of the Social
Security Act (42 U.S.C. 1396d(b)), during the period beginning on the
date of the admission of the State into the Union and ending on
September 30 of the fiscal year during which the State submits the
certification described in subsection (b), the Federal medical
assistance percentage for the State under title XIX of such Act shall
be the Federal medical assistance percentage for the District of
Columbia under such title as of the day before the date of the
admission of the State into the Union.
(b) Termination.--The certification described in this subsection is
a written certification by the State to the President that, during each
of the first 5 fiscal years beginning after the date of the
certification, the estimated revenues of the State will be sufficient
to cover any reduction in revenues which may result from the
termination of the provisions of this section.
SEC. 324. FEDERAL PLANNING COMMISSIONS.
(a) National Capital Planning Commission.--
(1) Continuing application.--Subject to the amendments made
by paragraphs (2) and (3), upon the admission of the State into
the Union, chapter 87 of title 40, United States Code, shall
apply as follows:
(A) Such chapter shall apply with respect to the
Capital in the same manner and to the same extent as
such chapter applied with respect to the District of
Columbia as of the day before the date of the admission
of the State into the Union.
(B) Such chapter shall apply with respect to the
State in the same manner and to the same extent as such
chapter applied with respect to the State of Maryland
and the Commonwealth of Virginia as of the day before
the date of the admission of the State into the Union.
(2) Composition of national capital planning commission.--
Section 8711(b) of title 40, United States Code, is amended--
(A) by amending subparagraph (B) of paragraph (1)
to read as follows:
``(B) four citizens with experience in city or
regional planning, who shall be appointed by the
President.''; and
(B) by amending paragraph (2) to read as follows:
``(2) Residency requirement.--Of the four citizen members,
one shall be a resident of Virginia, one shall be a resident of
Maryland, and one shall be a resident of Washington, Douglass
Commonwealth.''.
(3) Conforming amendments to definitions of terms.--
(A) Environs.--Paragraph (1) of section 8702 of
such title is amended by striking ``the territory
surrounding the District of Columbia'' and inserting
``the territory surrounding the National Capital''.
(B) National capital.--Paragraph (2) of section
8702 of such title is amended to read as follows:
``(2) National capital.--The term `National Capital' means
the area serving as the seat of the Government of the United
States, as described in section 112 of the Washington, D.C.
Admission Act, and the territory the Federal Government owns in
the environs.''.
(C) National capital region.--Subparagraph (A) of
paragraph (3) of section 8702 of such title is amended
to read as follows:
``(A) the National Capital and the State of
Washington, Douglass Commonwealth;''.
(b) Commission of Fine Arts.--
(1) Limiting application to the capital.--Section
9102(a)(1) of title 40, United States Code, is amended by
striking ``the District of Columbia'' and inserting ``the
Capital''.
(2) Definition.--Section 9102 of such title is amended by
adding at the end the following new subsection:
``(d) Definition.--In this chapter, the term `Capital' means the
area serving as the seat of the Government of the United States, as
described in section 112 of the Washington, D.C. Admission Act.''.
(3) Conforming amendment.--Section 9101(d) of such title is
amended by striking ``the District of Columbia'' and inserting
``the Capital''.
(c) Commemorative Works Act.--
(1) Limiting application to capital.--Section 8902 of title
40, United States Code, is amended by adding at the end the
following new subsection:
``(c) Limiting Application to Capital.--This chapter applies only
with respect to commemorative works in the Capital and its environs.''.
(2) Definition.--Paragraph (2) of section 8902(a) of such
title is amended to read as follows:
``(2) Capital and its environs.--The term `Capital and its
environs' means--
``(A) the area serving as the seat of the
Government of the United States, as described in
section 112 of the Washington, D.C. Admission Act; and
``(B) those lands and properties administered by
the National Park Service and the General Services
Administration located in the Reserve, Area I, and Area
II as depicted on the map entitled `Commemorative Areas
Washington, DC and Environs', numbered 869/86501 B, and
dated June 24, 2003, that are located outside of the
State of Washington, Douglass Commonwealth.''.
(3) Temporary site designation.--Section 8907(a) of such
title is amended by striking ``the District of Columbia'' and
inserting ``the Capital and its environs''.
(4) General conforming amendments.--Chapter 89 of such
title is amended by striking ``the District of Columbia and its
environs'' each place it appears in the following sections and
inserting ``the Capital and its environs'':
(A) Section 8901(2) and 8901(4).
(B) Section 8902(a)(4).
(C) Section 8903(d).
(D) Section 8904(c).
(E) Section 8905(a).
(F) Section 8906(a).
(G) Section 8909(a) and 8909(b).
(5) Additional conforming amendment.--Section 8901(2) of
such title is amended by striking ``the urban fabric of the
District of Columbia'' and inserting ``the urban fabric of the
area serving as the seat of the Government of the United
States, as described in section 112 of the Washington, D.C.
Admission Act''.
(d) Effective Date.--This section and the amendments made by this
section shall take effect on the date of the admission of the State
into the Union.
SEC. 325. ROLE OF ARMY CORPS OF ENGINEERS IN SUPPLYING WATER.
(a) Continuation of Role.--Chapter 95 of title 40, United States
Code, is amended by adding at the end the following new section:
``Sec. 9508. Applicability to Capital and State of Washington, Douglass
Commonwealth
``(a) In General.--Effective upon the admission of the State of
Washington, Douglass Commonwealth into the Union, any reference in this
chapter to the District of Columbia shall be deemed to refer to the
Capital or the State of Washington, Douglass Commonwealth, as the case
may be.
``(b) Definition.--In this section, the term `Capital' means the
area serving as the seat of the Government of the United States, as
described in section 112 of the Washington, D.C. Admission Act.''.
(b) Clerical Amendment.--The table of sections of chapter 95 of
such title is amended by adding at the end the following:
``9508. Applicability to Capital and State of Washington, Douglass
Commonwealth.''.
SEC. 326. REQUIREMENTS TO BE LOCATED IN DISTRICT OF COLUMBIA.
The location of any person in the Capital or Washington, Douglass
Commonwealth on the day after the date of the admission of the State
into the Union shall be deemed to satisfy any requirement under any law
in effect as of the day before the date of the admission of the State
into the Union that the person be located in the District of Columbia,
including the requirements of section 72 of title 4, United States Code
(relating to offices of the seat of the Government of the United
States), and title 36, United States Code (relating to patriotic and
national organizations).
TITLE IV--GENERAL PROVISIONS
SEC. 401. GENERAL DEFINITIONS.
In this Act, the following definitions shall apply:
(1) The term ``Capital'' means the area serving as the seat
of the Government of the United States, as described in section
112.
(2) The term ``Council'' means the Council of the District
of Columbia.
(3) The term ``Mayor'' means the Mayor of the District of
Columbia.
(4) Except as otherwise provided, the term ``State'' means
the State of Washington, Douglass Commonwealth.
(5) The term ``State Constitution'' means the proposed
Constitution of the State of Washington, D.C., as approved by
the Council on October 18, 2016, pursuant to the Constitution
and Boundaries for the State of Washington, D.C. Approval
Resolution of 2016 (D.C. Resolution R21-621), ratified by
District of Columbia voters in Advisory Referendum B approved
on November 8, 2016, and certified by the District of Columbia
Board of Elections on November 18, 2016.
SEC. 402. STATEHOOD TRANSITION COMMISSION.
(a) Establishment.--There is established the Statehood Transition
Commission (hereafter in this section referred to as the
``Commission'').
(b) Composition.--
(1) In general.--The Commission shall be composed of 18
members as follows:
(A) 3 members appointed by the President.
(B) 2 members appointed by the Speaker of the House
of Representatives.
(C) 2 members appointed by the minority leader of
the House of Representatives.
(D) 2 members appointed by the majority leader of
the Senate.
(E) 2 members appointed by the minority leader of
the Senate.
(F) 3 members appointed by the Mayor.
(G) 3 members appointed by the Council.
(H) The Chief Financial Officer of the District of
Columbia.
(2) Appointment date.--
(A) In general.--The appointments of the members of
the Commission shall be made not later than 90 days
after the date of the enactment of this Act.
(B) Effect of lack of appointment by appointment
date.--If one or more appointments under any of the
subparagraphs of paragraph (1) is not made by the
appointment date specified in subparagraph (A), the
authority to make such appointment or appointments
shall expire, and the number of members of the
Commission shall be reduced by the number equal to the
number of appointments so not made.
(3) Term of service.--Each member shall be appointed for
the life of the Commission.
(4) Vacancy.--A vacancy in the Commission shall be filled
in the manner in which the original appointment was made.
(5) No compensation.--Members shall serve without pay, but
shall receive travel expenses, including per diem in lieu of
subsistence, in accordance with applicable provisions under
subchapter I of chapter 57 of title 5, United States Code.
(6) Chair and vice chair.--The Chair and Vice Chair of the
Commission shall be elected by the members of the Commission--
(A) with respect to the Chair, from among the
members described in subparagraphs (A) through (E) of
paragraph (1); and
(B) with respect to the Vice Chair, from among the
members described in subparagraphs (F) and (G) of
paragraph (1).
(c) Staff.--
(1) Director.--The Commission shall have a Director, who
shall be appointed by the Chair.
(2) Other staff.--The Director may appoint and fix the pay
of such additional personnel as the Director considers
appropriate.
(3) Non-applicability of certain civil service laws.--The
Director and staff of the Commission may be appointed without
regard to the provisions of title 5, United States Code,
governing appointments in the competitive service, and may be
paid without regard to the provisions of chapter 51 and
subchapter III of chapter 53 of that title relating to
classification and General Schedule pay rates, except that an
individual so appointed may not receive pay in excess of the
rate payable for level V of the Executive Schedule under
section 5316 of such title.
(4) Experts and consultants.--The Commission may procure
temporary and intermittent services under section 3109(b) of
title 5, United States Code, at rates for individuals not to
exceed the daily equivalent of the rate payable for level V of
the Executive Schedule under section 5316 of such title.
(d) Duties.--The Commission shall advise the President, Congress,
the Mayor (or, upon the admission of the State into the Union, the
chief executive officer of the State), and the Council (or, upon the
admission of the State into the Union, the legislature of the State)
concerning an orderly transition to statehood for the District of
Columbia or the State (as the case may be) and to a reduced
geographical size of the seat of the Government of the United States,
including with respect to property, funding, programs, projects, and
activities.
(e) Powers.--
(1) Hearings and sessions.--The Commission may, for the
purpose of carrying out this Act, hold hearings, sit and act at
times and places, take testimony, and receive evidence as the
Commission considers appropriate.
(2) Obtaining official data.--The Commission may secure
directly from any department or agency of the United States
information necessary to enable it to carry out this Act. Upon
request of the Chair of the Commission, the head of that
department or agency shall furnish that information to the
Commission.
(3) Mails.--The Commission may use the United States mails
in the same manner and under the same conditions as other
departments and agencies of the United States.
(4) Administrative support services.--Upon the request of
the Commission, the Administrator of General Services shall
provide to the Commission the administrative support services
necessary for the Commission to carry out its responsibilities
under this Act.
(f) Meetings.--
(1) In general.--The Commission shall meet at the call of
the Chair.
(2) Initial meeting.--The Commission shall hold its first
meeting not later than the earlier of--
(A) 30 days after the date on which all members of
the Commission have been appointed; or
(B) if the number of members of the Commission is
reduced under subsection (b)(2)(B), 90 days after the
date of the enactment of this Act.
(3) Quorum.--A majority of the members of the Commission
shall constitute a quorum, but a lesser number of members may
hold hearings.
(g) Reports.--The Commission shall submit such reports as the
Commission considers appropriate or as may be requested by the
President, Congress, or the District of Columbia (or, upon the
admission of the State into the Union, the State).
(h) Termination.--The Commission shall cease to exist 2 years after
the date of the admission of the State into the Union.
SEC. 403. CERTIFICATION OF ENACTMENT BY PRESIDENT.
Not more than 60 days after the date of the enactment of this Act,
the President shall provide written certification of such enactment to
the Mayor.
SEC. 404. SEVERABILITY.
Except as provided in section 101(c), if any provision of this Act
or amendment made by this Act, or the application thereof to any person
or circumstance, is held to be invalid, the remaining provisions of
this Act and any amendments made by this Act shall not be affected by
the holding.
<all>
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118S510
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Expediting Israeli Aerial Refueling Act of 2023
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<p><b>Expediting Israeli Aerial Refueling Act of 2023</b></p> <p>This bill requires the Department of Defense (DOD), particularly the Department of the Air Force, to provide certain training and support to the air force of Israel.</p> <p>Specifically, the bill requires the U.S. Air Force to train members of the air force of Israel on (1) the operation of the KC-46 aircraft, and (2) maintenance and sustainment requirements of the KC-46 aircraft.</p> <p>Before completing the training required by this bill, DOD must authorize members of the air force of Israel who are associated with the operation of KC-46 aircraft to participate in the U.S. Air Force Military Personnel Exchange Program. DOD must make the program available to such members of the air force of Israel and ensure that they may participate immediately after completing training.</p> <p>DOD must rotationally deploy one or more KC-46 aircraft to Israel until the earlier of five years after the enactment of this bill or the date on which a KC-46 aircraft procured by the military forces of Israel is commissioned into such military forces and achieves full combat capability.<br> </p>
|
<html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 510 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 510
To require the Secretary of the Air Force to provide training to
members of the air force of Israel on the operation of KC-46 aircraft,
and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
February 16, 2023
Mr. Cotton introduced the following bill; which was read twice and
referred to the Committee on Foreign Relations
_______________________________________________________________________
A BILL
To require the Secretary of the Air Force to provide training to
members of the air force of Israel on the operation of KC-46 aircraft,
and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Expediting Israeli Aerial Refueling
Act of 2023''.
SEC. 2. TRAINING ISRAELI PILOTS TO OPERATE KC-46 AIRCRAFT.
(a) In General.--Not later than 60 days after the date of the
enactment of this Act, the Secretary of the Air Force shall--
(1) make available sufficient resources and accommodations
within the United States to train members of the air force of
Israel on the operation of KC-46 aircraft; and
(2) conduct training for members of the air force of
Israel, including--
(A) training for pilots and crew on the operation
of the KC-46 aircraft in accordance with standards
considered sufficient to conduct coalition operations
of the United States Air Force and the air force of
Israel; and
(B) training for ground personnel on the
maintenance and sustainment requirements of the KC-46
aircraft considered sufficient for such operations.
(b) United States Air Force Military Personnel Exchange Program.--
The Secretary of Defense shall, with respect to members of the air
force of Israel associated with the operation of KC-46 aircraft--
(1) before the completion of the training required by
subsection (a)(2), authorize the participation of such members
of the air force of Israel in the United States Air Force
Military Personnel Exchange Program;
(2) make the United States Air Force Military Personnel
Exchange Program available to such members of the air force of
Israel; and
(3) to the extent practicable, ensure that such members of
the air force of Israel may participate in the United States
Air Force Military Personnel Exchange Program immediately after
such members complete such training.
(c) Termination.--This section shall cease to have effect on the
date that is ten years after the date of the enactment of this Act.
SEC. 3. FORWARD DEPLOYMENT OF UNITED STATES KC-46 AIRCRAFT TO ISRAEL.
(a) Report.--Not later than 60 days after the date of the enactment
of this Act, the Secretary of Defense shall submit to the Committees on
Armed Services of the Senate and the House of Representatives a report
that describes the capacity of and requirements for the United States
Air Force to forward deploy KC-46 aircraft to Israel on a rotational
basis until the date on which not fewer than four KC-46 aircraft
procured by the military forces of Israel are commissioned into such
military forces and achieve full combat capability.
(b) Rotational Forces.--
(1) In general.--Subject to paragraph (2), the Secretary of
Defense shall rotationally deploy one or more KC-46 aircraft to
Israel until the earlier of--
(A) the date on which a KC-46 aircraft procured by
the military forces of Israel is commissioned into such
military forces and achieves full combat capability; or
(B) five years after the date of the enactment of
this Act.
(2) Description.--The one or more KC-46 aircraft deployed
under paragraph (1)--
(A) may vary in size and number, as the Secretary
of Defense considers appropriate; and
(B) beginning in the year that is one year after
the date of the enactment of this Act, and in each year
thereafter until the applicable date described in that
paragraph, shall remain in Israel for a period not less
than 270 days.
<all>
</pre></body></html>
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118S511
|
Protect America’s Innovation and Economic Security from CCP Act
|
[
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"S001217",
"Sen. Scott, Rick [R-FL]",
"sponsor"
],
[
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"Sen. Hagerty, Bill [R-TN]",
"cosponsor"
],
[
"R000595",
"Sen. Rubio, Marco [R-FL]",
"cosponsor"
]
] |
<html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 511 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 511
To establish the CCP Initiative program, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
February 16, 2023
Mr. Scott of Florida (for himself, Mr. Hagerty, and Mr. Rubio)
introduced the following bill; which was read twice and referred to the
Committee on the Judiciary
_______________________________________________________________________
A BILL
To establish the CCP Initiative 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 ``Protect America's Innovation and
Economic Security from CCP Act''.
SEC. 2. CCP INITIATIVE PROGRAM.
(a) Establishment.--There is established in the National Security
Division of the Department of Justice the CCP Initiative to--
(1) counter nation-state threats to the United States;
(2) curb spying by the Chinese Communist Party on United
States intellectual property and academic institutions in the
United States; and
(3) focus on--
(A) identifying and prosecuting those engaged in
trade secret theft, hacking, and economic espionage;
and
(B) protecting the critical infrastructure in the
United States against external threats through foreign
direct investment and supply chain compromises.
(b) Steering Committee.--The CCP Initiative shall be led by a
steering committee comprised of--
(1) the Assistant Attorney General for National Security;
(2) senior officials in the Federal Bureau of
Investigation, as determined by the Attorney General;
(3) the Assistant Attorney General for the Criminal
Division of the Department of Justice;
(4) the Executive Assistant Director of the National
Security Branch of the Federal Bureau of Investigation; and
(5) five United States attorneys, appointed by the Attorney
General, from the judicial districts with the most cases
involving espionage, intellectual property theft, and trade
secrets during the preceding 5-year period.
(c) Goals.--The CCP Initiative shall have the following goals:
(1) Identify priority trade secret theft cases, ensuring
that investigations are adequately resourced.
(2) Work to bring the cases described in paragraph (1) to
fruition in a timely manner and according to the facts and
applicable law.
(3) Develop an enforcement strategy concerning
nontraditional collectors, including researchers in labs,
universities, and the defense industrial base, that are being
co-opted into transferring technology contrary to United States
interests.
(4) Educate colleges and universities about potential
threats to academic freedom and open discourse from influence
efforts on campus.
(5) Apply the Foreign Agents Registration Act of 1938, as
amended (22 U.S.C. 611 et seq.) to unregistered agents seeking
to advance the political agenda of the People's Republic of
China, bringing enforcement actions if appropriate.
(6) Equip United States attorneys with intelligence and
materials to be used to--
(A) raise awareness of the threats described in
this section within their judicial districts; and
(B) support outreach efforts.
(7) Implement the Foreign Investment Risk Review
Modernization Act of 2018 (division A of title XVII of Public
Law 115-232; 132 Stat. 2173) for the Department of Justice,
including by working with the Department of the Treasury to
develop regulations under that Act and prepare for increased
workflow.
(8) Identify opportunities to better address supply chain
threats, especially ones impacting the telecommunications
sector, prior to the transition to 5G networks.
(9) Identify Foreign Corrupt Practices Act of 1977 (Public
Law 95-213; 91 Stat. 1494) cases involving Chinese companies
that compete with United States businesses.
(10) Increase efforts to improve Chinese responses to
requests under the Mutual Legal Assistance Agreement with the
United States.
(11) Evaluate whether additional legislative and
administrative authorities are required to protect United
States assets from foreign economic aggression.
(d) Requirement.--Under the CCP Initiative--
(1) all investigations and prosecutions shall be set as
priority and not based on discretion;
(2) the Initiative shall be separate from and not under the
authority or discretion of any other Department of Justice
initiative dedicated to countering nation-state threats; and
(3) all resources used for the CCP Initiative shall solely
be set aside for the CCP Initiative and shall not be combined
to support any other Department of Justice program, including
other programs and initiatives dedicated to countering nation-
state threats.
(e) Annual Briefing.--The Attorney General shall brief the
Committee on Homeland Security and Governmental Affairs and the
Committee on the Judiciary of the Senate and the Committee on Homeland
Security and the Committee on the Judiciary of the House of
Representatives annually on the progress and challenges of the CCP
Initiative.
(f) Sunset.--This Act is effective beginning on the date of
enactment of this Act and ending on the date that is 6 years after that
date.
(g) Severability.--If any provision of this Act, or the application
of such provision to any person or circumstance, is held to be
unconstitutional, the remainder of this Act, and the application of the
provisions of such to any person or circumstance, shall not be affected
thereby.
<all>
</pre></body></html>
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|
118S512
|
DISCLOSE Act of 2023
|
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"Sen. Whitehouse, Sheldon [D-RI]",
"sponsor"
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[
"W000779",
"Sen. Wyden, Ron [D-OR]",
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[
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[
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"cosponsor"
],
[
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"cosponsor"
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"F000062",
"Sen. Feinstein, Dianne [D-CA]",
"cosponsor"
],
[
"M001111",
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"cosponsor"
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[
"D000563",
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"cosponsor"
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"R000122",
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"cosponsor"
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"C000174",
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"cosponsor"
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"S001203",
"Sen. Smith, Tina [D-MN]",
"cosponsor"
],
[
"S001191",
"Sen. Sinema, Kyrsten [I-AZ]",
"cosponsor"
],
[
"R000608",
"Sen. Rosen, Jacky [D-NV]",
"cosponsor"
],
[
"K000377",
"Sen. Kelly, Mark [D-AZ]",
"cosponsor"
],
[
"L000570",
"Sen. Lujan, Ben Ray [D-NM]",
"cosponsor"
],
[
"H000273",
"Sen. Hickenlooper, John W. [D-CO]",
"cosponsor"
],
[
"P000145",
"Sen. Padilla, Alex [D-CA]",
"cosponsor"
],
[
"O000174",
"Sen. Ossoff, Jon [D-GA]",
"cosponsor"
],
[
"W000790",
"Sen. Warnock, Raphael G. [D-GA]",
"cosponsor"
],
[
"W000800",
"Sen. Welch, Peter [D-VT]",
"cosponsor"
],
[
"F000479",
"Sen. Fetterman, John [D-PA]",
"cosponsor"
]
] |
<p><b>Democracy Is Strengthened by Casting Light On Spending in Elections Act of 2023 or the DISCLOSE Act of </b><strong></strong><b>2023</b></p> <p>This bill addresses campaign finance, including by expanding the prohibition on campaign spending by foreign nationals, requiring additional disclosures of campaign expenditures, and requiring additional disclosures regarding certain political advertisements. </p> <p>Specifically, the bill expands existing foreign money prohibitions to include disbursements for paid web-based or digital communications and federal judicial nomination communications. It also prohibits foreign nationals from contributing to campaigns related to ballot initiatives and referenda.</p> <p>The Government Accountability Office must, for each four-year election cycle, study and report on the incidence of illicit foreign money in federal elections.</p> <p>Next, the bill makes it unlawful to establish or use a corporation, company, or other entity with the intent to conceal an election contribution or donation by a foreign national. A violator is subject to criminal penalties—a fine, a prison term of up to five years, or both.</p> <p> Covered organizations (e.g., corporations, labor organizations, and political organizations) must, within 24 hours, file reports with the Federal Election Commission to disclose campaign expenditures of more than $10,000 during an election cycle.</p> <p>The bill also requires organizations to provide additional disclosures regarding political advertisements, including the donors who contributed the most money to that organization in the last year.</p>
|
<html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 512 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 512
To amend the Federal Election Campaign Act of 1971 to provide for
additional disclosure requirements for corporations, labor
organizations, Super PACs and other entities, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
February 16, 2023
Mr. Whitehouse (for himself, Mr. Wyden, Mr. Schumer, Mr. Van Hollen,
Ms. Klobuchar, Mrs. Feinstein, Mrs. Murray, Mr. Durbin, Mr. Reed, Mr.
Carper, Ms. Stabenow, Ms. Cantwell, Mr. Menendez, Mr. Cardin, Mr.
Sanders, Mr. Brown, Mr. Casey, Mr. Tester, Mrs. Shaheen, Mr. Warner,
Mr. Merkley, Mr. Bennet, Mrs. Gillibrand, Mr. Manchin, Mr. Coons, Mr.
Blumenthal, Mr. Schatz, Ms. Baldwin, Mr. Murphy, Ms. Hirono, Mr.
Heinrich, Mr. King, Mr. Kaine, Ms. Warren, Mr. Markey, Mr. Booker, Mr.
Peters, Ms. Duckworth, Ms. Hassan, Ms. Cortez Masto, Ms. Smith, Ms.
Sinema, Ms. Rosen, Mr. Kelly, Mr. Lujan, Mr. Hickenlooper, Mr. Padilla,
Mr. Ossoff, Mr. Warnock, Mr. Welch, and Mr. Fetterman) introduced the
following bill; which was read twice and referred to the Committee on
Rules and Administration
_______________________________________________________________________
A BILL
To amend the Federal Election Campaign Act of 1971 to provide for
additional disclosure requirements for corporations, labor
organizations, Super PACs and other entities, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Democracy Is
Strengthened by Casting Light On Spending in Elections Act of 2023'' or
the ``DISCLOSE Act of 2023''.
(b) Table of Contents.--The table of contents of this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Findings.
TITLE I--CLOSING LOOPHOLES ALLOWING SPENDING BY FOREIGN NATIONALS IN
ELECTIONS
Sec. 101. Clarification of application of foreign money ban to certain
disbursements and activities.
Sec. 102. Study and report on illicit foreign money in Federal
elections.
Sec. 103. Prohibition on contributions and donations by foreign
nationals in connection with ballot
initiatives and referenda.
Sec. 104. Disbursements and activities subject to foreign money ban.
Sec. 105. Prohibiting establishment of corporation to conceal election
contributions and donations by foreign
nationals.
TITLE II--REPORTING OF CAMPAIGN-RELATED DISBURSEMENTS
Sec. 201. Reporting of campaign-related disbursements.
Sec. 202. Reporting of Federal judicial nomination disbursements.
Sec. 203. Coordination with FinCEN.
Sec. 204. Application of foreign money ban to disbursements for
campaign-related disbursements consisting
of covered transfers.
Sec. 205. Sense of Congress regarding implementation.
Sec. 206. Effective date.
TITLE III--OTHER ADMINISTRATIVE REFORMS
Sec. 301. Petition for certiorari.
Sec. 302. Judicial review of actions related to campaign finance laws.
Sec. 303. Effective date.
TITLE IV--STAND BY EVERY AD
Sec. 401. Short title.
Sec. 402. Stand by every ad.
Sec. 403. Disclaimer requirements for communications made through
prerecorded telephone calls.
Sec. 404. No expansion of persons subject to disclaimer requirements on
internet communications.
Sec. 405. Effective date.
TITLE V--SEVERABILITY
Sec. 501. Severability.
SEC. 2. FINDINGS.
Congress finds the following:
(1) Campaign finance disclosure is a narrowly tailored and
minimally restrictive means to advance substantial government
interests, including fostering an informed electorate capable
of engaging in self-government and holding their elected
officials accountable, detecting and deterring quid pro quo
corruption, and identifying information necessary to enforce
other campaign finance laws, including campaign contribution
limits and the prohibition on foreign money in U.S. campaigns.
To further these substantial interests, campaign finance
disclosure must be timely and complete, and must disclose the
true and original source of money given, transferred, and spent
to influence Federal elections. Current law does not meet this
objective because corporations and other entities that the
Supreme Court has permitted to spend money to influence Federal
elections are subject to few if any transparency requirements.
(2) As the Supreme Court recognized in its per curiam
opinion in Buckley v. Valeo, 424 U.S. 1, (1976), ``disclosure
requirements certainly in most applications appear to be the
least restrictive means of curbing the evils of campaign
ignorance and corruption that Congress found to exist.''
Buckley, 424 U.S. at 68. In Citizens United v. FEC, the Court
reiterated that ``disclosure is a less restrictive alternative
to more comprehensive regulations of speech.'' 558 U.S. 310,
369 (2010).
(3) No subsequent decision has called these holdings into
question, including the Court's decision in Americans for
Prosperity Foundation v. Bonta, 141 S. Ct. 2373 (2021). That
case did not involve campaign finance disclosure, and the Court
did not overturn its longstanding recognition of the
substantial interests furthered by such disclosure.
(4) Campaign finance disclosure is also essential to
enforce the Federal Election Campaign Act's prohibition on
contributions by and solicitations of foreign nationals. See
section 319 of the Federal Election Campaign Act of 1971 (52
U.S.C. 30121).
(5) Congress should close loopholes allowing spending by
foreign nationals in domestic elections. For example, in 2021,
the Federal Election Commission, the independent Federal agency
charged with protecting the integrity of the Federal campaign
finance process, found reason to believe and conciliated a
matter where an experienced political consultant knowingly and
willfully violated Federal law by soliciting a contribution
from a foreign national by offering to transmit a $2,000,000
contribution to a super PAC through his company and two
501(c)(4) organizations, to conceal the origin of the funds.
This scheme was only unveiled after appearing in a The
Telegraph UK article and video capturing the solicitation. See
Conciliation Agreement, MURs 7165 & 7196 (Great America PAC, et
al.), date June 28, 2021; Factual and Legal Analysis, MURs 7165
& 7196 (Jesse Benton), dated Mar. 2, 2021.
TITLE I--CLOSING LOOPHOLES ALLOWING SPENDING BY FOREIGN NATIONALS IN
ELECTIONS
SEC. 101. CLARIFICATION OF APPLICATION OF FOREIGN MONEY BAN TO CERTAIN
DISBURSEMENTS AND ACTIVITIES.
Section 319(b) of the Federal Election Campaign Act of 1971 (52
U.S.C. 30121(b)) is amended--
(1) by redesignating paragraphs (1) and (2) as
subparagraphs (A) and (B), respectively, and by moving such
subparagraphs 2 ems to the right;
(2) by striking ``As used in this section, the term'' and
inserting the following: ``Definitions.--For purposes of this
section--
``(1) Foreign national.--The term'';
(3) by moving paragraphs (1) and (2) two ems to the right
and redesignating them as subparagraphs (A) and (B),
respectively; and
(4) by adding at the end the following new paragraph:
``(2) Contribution and donation.--For purposes of
paragraphs (1) and (2) of subsection (a), the term
`contribution or donation' includes any disbursement to a
political committee which accepts donations or contributions
that do not comply with any of the limitations, prohibitions,
and reporting requirements of this Act (or any disbursement to
or on behalf of any account of a political committee which is
established for the purpose of accepting such donations or
contributions), or to any other person for the purpose of
funding an expenditure, independent expenditure, or
electioneering communication (as defined in section
304(f)(3)).''.
SEC. 102. STUDY AND REPORT ON ILLICIT FOREIGN MONEY IN FEDERAL
ELECTIONS.
(a) Study.--For each 4-year election cycle (beginning with the 4-
year election cycle ending in 2020), the Comptroller General shall
conduct a study on the incidence of illicit foreign money in all
elections for Federal office held during the preceding 4-year election
cycle, including what information is known about the presence of such
money in elections for Federal office.
(b) Report.--
(1) In general.--Not later than the applicable date with
respect to any 4-year election cycle, the Comptroller General
shall submit to the appropriate congressional committees a
report on the study conducted under subsection (a).
(2) Matters included.--The report submitted under paragraph
(1) shall include a description of the extent to which illicit
foreign money was used to target particular groups, including
rural communities, African-American and other minority
communities, and military and veteran communities, based on
such targeting information as is available and accessible to
the Comptroller General.
(3) Applicable date.--For purposes of paragraph (1), the
term ``applicable date'' means--
(A) in the case of the 4-year election cycle ending
in 2020, the date that is 1 year after the date of the
enactment of this Act; and
(B) in the case of any other 4-year election cycle,
the date that is 1 year after the date on which such 4-
year election cycle ends.
(c) Definitions.--As used in this section:
(1) 4-year election cycle.--The term ``4-year election
cycle'' means the 4-year period ending on the date of the
general election for the offices of President and Vice
President.
(2) Illicit foreign money.--The term ``illicit foreign
money'' means any contribution, donation, expenditure, or
disbursement by a foreign national (as defined in section
319(b) of the Federal Election Campaign Act of 1971 (52
U.S.C.30121(b))) prohibited under such section.
(3) Election; federal office.--The terms ``election'' and
``Federal office'' have the meanings given such terms under
section 301 of the Federal Election Campaign Act of 1971 (53
U.S.C. 30101).
(4) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on House Administration of the
House of Representatives;
(B) the Committee on Rules and Administration of
the Senate;
(C) the Committee on the Judiciary of the House of
Representatives; and
(D) the Committee on the Judiciary of the Senate.
(d) Sunset.--This section shall not apply to any 4-year election
cycle beginning after the election for the offices of President and
Vice President in 2032.
SEC. 103. PROHIBITION ON CONTRIBUTIONS AND DONATIONS BY FOREIGN
NATIONALS IN CONNECTION WITH BALLOT INITIATIVES AND
REFERENDA.
(a) In General.--Section 319(b) of the Federal Election Campaign
Act of 1971 (52 U.S.C. 30121(b)), as amended by section 101, is amended
by adding at the end the following new paragraphs:
``(3) Federal, state, or local election.--The term
`Federal, State, or local election' includes a State or local
ballot initiative or referendum, but only in the case of--
``(A) a covered foreign national as defined in
paragraph (4); or
``(B) a foreign principal described in section
1(b)(2) or 1(b)(3) of the Foreign Agent Registration
Act of 1938, as amended (22 U.S.C. 611(b)(2) or (b)(3))
or an agent of such a foreign principal under such Act.
``(4) Covered foreign national.--
``(A) In general.--The term `covered foreign
national' means--
``(i) a foreign principal (as defined in
section 1(b) of the Foreign Agents Registration
Act of 1938 (22 U.S.C. 611(b)) that is a
government of a foreign country or a foreign
political party;
``(ii) any person who acts as an agent,
representative, employee, or servant, or any
person who acts in any other capacity at the
order, request, or under the direction or
control, of a foreign principal described in
clause (i) or of a person any of whose
activities are directly or indirectly
supervised, directed, controlled, financed, or
subsidized in whole or in major part by a
foreign principal described in clause (i); or
``(iii) any person included in the list of
specially designated nationals and blocked
persons maintained by the Office of Foreign
Assets Control of the Department of the
Treasury pursuant to authorities relating to
the imposition of sanctions relating to the
conduct of a foreign principal described in
clause (i).
``(B) Clarification regarding application to
citizens of the united states.--In the case of a
citizen of the United States, clause (ii) of
subparagraph (A) applies only to the extent that the
person involved acts within the scope of that person's
status as the agent of a foreign principal described in
clause (i) of subparagraph (A).''.
(b) Effective Date.--The amendment made by this section shall apply
with respect to elections held in 2024 or any succeeding year.
SEC. 104. DISBURSEMENTS AND ACTIVITIES SUBJECT TO FOREIGN MONEY BAN.
(a) Disbursements Described.--Section 319(a)(1) of the Federal
Election Campaign Act of 1971 (52 U.S.C. 30121(a)(1)) is amended--
(1) by striking ``or'' at the end of subparagraph (B); and
(2) by striking subparagraph (C) and inserting the
following:
``(C) an expenditure;
``(D) an independent expenditure;
``(E) a disbursement for an electioneering
communication (within the meaning of section
304(f)(3));
``(F) a disbursement for a communication which is
placed or promoted for a fee on a website, web
application, or digital application that refers to a
clearly identified candidate for election for Federal
office and is disseminated within 60 days before a
general, special or runoff election for the office
sought by the candidate or 30 days before a primary or
preference election, or a convention or caucus of a
political party that has authority to nominate a
candidate for the office sought by the candidate;
``(G) a disbursement by a covered foreign national
(as defined in subsection (b)(4)) for a broadcast,
cable or satellite communication, or for a
communication which is placed or promoted for a fee on
a website, web application, or digital application,
that promotes, supports, attacks or opposes the
election of a clearly identified candidate for Federal,
State, or local office (regardless of whether the
communication contains express advocacy or the
functional equivalent of express advocacy);
``(H) a disbursement for a broadcast, cable, or
satellite communication, or for any communication which
is placed or promoted for a fee on an online platform
(as defined in subsection (b)(5)), that discusses a
national legislative issue of public importance in a
year in which a regularly scheduled general election
for Federal office is held, but only if the
disbursement is made by a covered foreign national (as
defined in subsection (b)(4));
``(I) a disbursement by a covered foreign national
(as defined in subsection (b)(4)) to compensate any
person for internet activity that promotes, supports,
attacks or opposes the election of a clearly identified
candidate for Federal, State, or local office
(regardless of whether the activity contains express
advocacy or the functional equivalent of express
advocacy); or
``(J) a disbursement by a covered foreign national
(as defined in subsection (b)(4)) for a Federal
judicial nomination communication (as defined in
section 324(g)(2));''.
(b) Definition of Online Platform.--Section 319(b) of such Act (52
U.S.C. 30121(b)), as amended by sections 101 and 103, is amended by
adding at the end the following new paragraph:
``(5) Online platform.--
``(A) In general.--For purposes of this section,
subject to subparagraph (B), the term `online platform'
means any public-facing website, web application, or
digital application (including a social network, ad
network, or search engine) which--
``(i)(I) sells qualified political
advertisements; and
``(II) has 50,000,000 or more unique
monthly United States visitors or users for a
majority of months during the preceding 12
months; or
``(ii) is a third-party advertising vendor
that has 50,000,000 or more unique monthly
United States visitors in the aggregate on any
advertisement space that it has sold or bought
for a majority of months during the preceding
12 months, as measured by an independent
digital ratings service accredited by the Media
Ratings Council (or its successor).
``(B) Exemption.--Such term shall not include any
online platform that is a distribution facility of any
broadcasting station or newspaper, magazine, blog,
publication, or periodical.
``(C) Third-party advertising vendor defined.--For
purposes of this subsection, the term `third-party
advertising vendor' includes, but is not limited to,
any third-party advertising vendor network, advertising
agency, advertiser, or third-party advertisement
serving company that buys and sells advertisement space
on behalf of unaffiliated third-party websites, search
engines, digital applications, or social media
sites.''.
(c) Effective Date.--The amendments made by this section shall
apply with respect to disbursements made on or after the date of the
enactment of this Act.
SEC. 105. PROHIBITING ESTABLISHMENT OF CORPORATION TO CONCEAL ELECTION
CONTRIBUTIONS AND DONATIONS BY FOREIGN NATIONALS.
(a) Prohibition.--Chapter 29 of title 18, United States Code is
amended by adding at the end the following:
``Sec. 612. Establishment of corporation to conceal election
contributions and donations by foreign nationals
``(a) Offense.--It shall be unlawful for an owner, officer,
attorney, or incorporation agent of a corporation, company, or other
entity to establish or use the corporation, company, or other entity
with the intent to conceal an activity of a foreign national (as
defined in section 319 of the Federal Election Campaign Act of 1971 (52
U.S.C. 30121)) prohibited under such section 319.
``(b) Penalty.--Any person who violates subsection (a) shall be
imprisoned for not more than 5 years, fined under this title, or
both.''.
(b) Table of Sections.--The table of sections for chapter 29 of
title 18, United States Code is amended by adding at the end the
following new item:
``612. Establishment of corporation to conceal election contributions
and donations by foreign nationals.''.
TITLE II--REPORTING OF CAMPAIGN-RELATED DISBURSEMENTS
SEC. 201. REPORTING OF CAMPAIGN-RELATED DISBURSEMENTS.
(a) In General.--Section 324 of the Federal Election Campaign Act
of 1971 (52 U.S.C. 30126) is amended to read as follows:
``SEC. 324. DISCLOSURE OF CAMPAIGN-RELATED DISBURSEMENTS BY COVERED
ORGANIZATIONS.
``(a) Disclosure Statement.--
``(1) In general.--Any covered organization that makes
campaign-related disbursements aggregating more than $10,000 in
an election reporting cycle shall, not later than 24 hours
after each disclosure date, file a statement with the
Commission made under penalty of perjury that contains the
information described in paragraph (2)--
``(A) in the case of the first statement filed
under this subsection, for the period beginning on the
first day of the election reporting cycle (or, if
earlier, the period beginning one year before the first
such disclosure date) and ending on the first such
disclosure date; and
``(B) in the case of any subsequent statement filed
under this subsection, for the period beginning on the
previous disclosure date and ending on such disclosure
date.
``(2) Information described.--The information described in
this paragraph is as follows:
``(A) The name of the covered organization and the
principal place of business of such organization and,
in the case of a covered organization that is a
corporation (other than a business concern that is an
issuer of a class of securities registered under
section 12 of the Securities Exchange Act of 1934 (15
U.S.C. 78l) or that is required to file reports under
section 15(d) of that Act (15 U.S.C. 78o(d))) or an
entity described in subsection (e)(2), a list of the
beneficial owners (as defined in paragraph (4)(A)) of
the entity that--
``(i) identifies each beneficial owner by
name and current residential or business street
address; and
``(ii) if any beneficial owner exercises
control over the entity through another legal
entity, such as a corporation, partnership,
limited liability company, or trust, identifies
each such other legal entity and each such
beneficial owner who will use that other entity
to exercise control over the entity.
``(B) The amount of each campaign-related
disbursement made by such organization during the
period covered by the statement of more than $1,000,
and the name and address of the person to whom the
disbursement was made.
``(C) In the case of a campaign-related
disbursement that is not a covered transfer, the
election to which the campaign-related disbursement
pertains and if the disbursement is made for a public
communication, the name of any candidate identified in
such communication and if such communication is in
support of or in opposition to the identified
candidate.
``(D) A certification by the chief executive
officer or person who is the head of the covered
organization that the campaign-related disbursement is
not made in cooperation, consultation, or concert with
or at the request or suggestion of a candidate,
authorized committee, or agent of a candidate,
political party, or agent of a political party.
``(E)(i) If the covered organization makes
campaign-related disbursements using exclusively funds
in a campaign-related disbursement segregated fund, for
each payment made to the account by a person other than
the covered organization--
``(I) the name and address of each person
who made such payment to the account during the
period covered by the statement;
``(II) the date and amount of such payment;
and
``(III) the aggregate amount of all such
payments made by the person during the period
beginning on the first day of the election
reporting cycle (or, if earlier, the period
beginning one year before the disclosure date)
and ending on the disclosure date,
but only if such payment was made by a person who made
payments to the account in an aggregate amount of
$10,000 or more during the period beginning on the
first day of the election reporting cycle (or, if
earlier, the period beginning one year before the
disclosure date) and ending on the disclosure date.
``(ii) In any calendar year after 2024, section
315(c)(1)(B) shall apply to the amount described in
clause (i) in the same manner as such section applies
to the limitations established under subsections
(a)(1)(A), (a)(1)(B), (a)(3), and (h) of such section,
except that for purposes of applying such section to
the amounts described in subsection (b), the `base
period' shall be calendar year 2024.
``(F)(i) If the covered organization makes
campaign-related disbursements using funds other than
funds in a campaign-related disbursement segregated
fund, for each payment to the covered organization--
``(I) the name and address of each person
who made such payment during the period covered
by the statement;
``(II) the date and amount of such payment;
and
``(III) the aggregate amount of all such
payments made by the person during the period
beginning on the first day of the election
reporting cycle (or, if earlier, the period
beginning one year before the disclosure date)
and ending on the disclosure date,
but only if such payment was made by a person who made
payments to the covered organization in an aggregate
amount of $10,000 or more during the period beginning
on the first day of the election reporting cycle (or,
if earlier, the period beginning one year before the
disclosure date) and ending on the disclosure date.
``(ii) In any calendar year after 2024, section
315(c)(1)(B) shall apply to the amount described in
clause (i) in the same manner as such section applies
to the limitations established under subsections
(a)(1)(A), (a)(1)(B), (a)(3), and (h) of such section,
except that for purposes of applying such section to
the amounts described in subsection (b), the `base
period' shall be calendar year 2024.
``(G) Such other information as required in rules
established by the Commission to promote the purposes
of this section.
``(3) Exceptions.--
``(A) Amounts received in ordinary course of
business.--The requirement to include in a statement
filed under paragraph (1) the information described in
paragraph (2) shall not apply to amounts received by
the covered organization in commercial transactions in
the ordinary course of any trade or business conducted
by the covered organization or in the form of
investments (other than investments by the principal
shareholder in a limited liability corporation) in the
covered organization. For purposes of this
subparagraph, amounts received by a covered
organization as remittances from an employee to the
employee's collective bargaining representative shall
be treated as amounts received in commercial
transactions in the ordinary course of the business
conducted by the covered organization.
``(B) Donor restriction on use of funds.--The
requirement to include in a statement submitted under
paragraph (1) the information described in subparagraph
(F) of paragraph (2) shall not apply if--
``(i) the person described in such
subparagraph prohibited, in writing, the use of
the payment made by such person for campaign-
related disbursements; and
``(ii) the covered organization agreed to
follow the prohibition and deposited the
payment in an account which is segregated from
a campaign-related disbursement segregated fund
and any other account used to make campaign-
related disbursements.
``(C) Threat of harassment or reprisal.--The
requirement to include any information relating to the
name or address of any person (other than a candidate)
in a statement submitted under paragraph (1) shall not
apply if the inclusion of the information would subject
the person to serious threats, harassment, or
reprisals.
``(4) Other definitions.--For purposes of this section:
``(A) Beneficial owner defined.--
``(i) In general.--Except as provided in
clause (ii), the term `beneficial owner' means,
with respect to any entity, a natural person
who, directly or indirectly--
``(I) exercises substantial control
over an entity through ownership,
voting rights, agreement, or otherwise;
or
``(II) has a substantial interest
in or receives substantial economic
benefits from the assets of an entity.
``(ii) Exceptions.--The term `beneficial
owner' shall not include--
``(I) a minor child;
``(II) a person acting as a
nominee, intermediary, custodian, or
agent on behalf of another person;
``(III) a person acting solely as
an employee of an entity and whose
control over or economic benefits from
the entity derives solely from the
employment status of the person;
``(IV) a person whose only interest
in an entity is through a right of
inheritance, unless the person also
meets the requirements of clause (i);
or
``(V) a creditor of an entity,
unless the creditor also meets the
requirements of clause (i).
``(iii) Anti-abuse rule.--The exceptions
under clause (ii) shall not apply if used for
the purpose of evading, circumventing, or
abusing the provisions of clause (i) or
paragraph (2)(A).
``(B) Campaign-related disbursement segregated
fund.--The term `campaign-related disbursement
segregated fund' means a segregated bank account
consisting of funds that were paid directly to such
account by persons other than the covered organization
that controls the account.
``(C) Disclosure date.--The term `disclosure date'
means--
``(i) the first date during any election
reporting cycle by which a person has made
campaign-related disbursements aggregating more
than $10,000; and
``(ii) any other date during such election
reporting cycle by which a person has made
campaign-related disbursements aggregating more
than $10,000 since the most recent disclosure
date for such election reporting cycle.
``(D) Election reporting cycle.--The term `election
reporting cycle' means the 2-year period beginning on
the date of the most recent general election for
Federal office.
``(E) Payment.--The term `payment' includes any
contribution, donation, transfer, payment of dues, or
other payment.
``(b) Coordination With Other Provisions.--
``(1) Other reports filed with the commission.--Information
included in a statement filed under this section may be
excluded from statements and reports filed under section 304.
``(2) Treatment as separate segregated fund.--A campaign-
related disbursement segregated fund may be treated as a
separate segregated fund for purposes of section 527(f)(3) of
the Internal Revenue Code of 1986.
``(c) Filing.--Statements required to be filed under subsection (a)
shall be subject to the requirements of section 304(d) to the same
extent and in the same manner as if such reports had been required
under subsection (c) or (g) of section 304.
``(d) Campaign-Related Disbursement Defined.--
``(1) In general.--In this section, the term `campaign-
related disbursement' means a disbursement by a covered
organization for any of the following:
``(A) An independent expenditure which expressly
advocates the election or defeat of a clearly
identified candidate for election for Federal office,
or is the functional equivalent of express advocacy
because, when taken as a whole, it can be interpreted
by a reasonable person only as advocating the election
or defeat of a candidate for election for Federal
office.
``(B) An applicable public communication.
``(C) An electioneering communication, as defined
in section 304(f)(3).
``(D) A covered transfer.
``(2) Applicable public communications.--
``(A) In general.--The term `applicable public
communication' means any public communication that
refers to a clearly identified candidate for election
for Federal office and which promotes or supports the
election of a candidate for that office, or attacks or
opposes the election of a candidate for that office,
without regard to whether the communication expressly
advocates a vote for or against a candidate for that
office.
``(B) Exception.--Such term shall not include any
news story, commentary, or editorial distributed
through the facilities of any broadcasting station or
any print, online, or digital newspaper, magazine,
publication, or periodical, unless such facilities are
owned or controlled by any political party, political
committee, or candidate.
``(e) Covered Organization Defined.--In this section, the term
`covered organization' means any of the following:
``(1) A corporation (other than an organization described
in section 501(c)(3) of the Internal Revenue Code of 1986).
``(2) A limited liability corporation that is not otherwise
treated as a corporation for purposes of this Act (other than
an organization described in section 501(c)(3) of the Internal
Revenue Code of 1986).
``(3) An organization described in section 501(c) of such
Code and exempt from taxation under section 501(a) of such Code
(other than an organization described in section 501(c)(3) of
such Code).
``(4) A labor organization (as defined in section 316(b)).
``(5) Any political organization under section 527 of the
Internal Revenue Code of 1986, other than a political committee
under this Act (except as provided in paragraph (6)).
``(6) A political committee with an account that accepts
donations or contributions that do not comply with the
contribution limits or source prohibitions under this Act, but
only with respect to such accounts.
``(f) Covered Transfer Defined.--
``(1) In general.--In this section, the term `covered
transfer' means any transfer or payment of funds by a covered
organization to another person if the covered organization--
``(A) designates, requests, or suggests that the
amounts be used for--
``(i) campaign-related disbursements (other
than covered transfers); or
``(ii) making a transfer to another person
for the purpose of making or paying for such
campaign-related disbursements;
``(B) made such transfer or payment in response to
a solicitation or other request for a donation or
payment for--
``(i) the making of or paying for campaign-
related disbursements (other than covered
transfers); or
``(ii) making a transfer to another person
for the purpose of making or paying for such
campaign-related disbursements;
``(C) engaged in discussions with the recipient of
the transfer or payment regarding--
``(i) the making of or paying for campaign-
related disbursements (other than covered
transfers); or
``(ii) donating or transferring any amount
of such transfer or payment to another person
for the purpose of making or paying for such
campaign-related disbursements; or
``(D) knew or had reason to know that the person
receiving the transfer or payment would make campaign-
related disbursements in an aggregate amount of $50,000
or more during the 2-year period beginning on the date
of the transfer or payment.
``(2) Exclusions.--The term `covered transfer' does not
include any of the following:
``(A) A disbursement made by a covered organization
in a commercial transaction in the ordinary course of
any trade or business conducted by the covered
organization or in the form of investments made by the
covered organization.
``(B) A disbursement made by a covered organization
if--
``(i) the covered organization prohibited,
in writing, the use of such disbursement for
campaign-related disbursements; and
``(ii) the recipient of the disbursement
agreed to follow the prohibition and deposited
the disbursement in an account which is
segregated from a campaign-related disbursement
segregated fund and any other account used to
make campaign-related disbursements.
``(3) Special rule regarding transfers among affiliates.--
``(A) Special rule.--A transfer of an amount by one
covered organization to another covered organization
which is treated as a transfer between affiliates under
subparagraph (C) shall be considered a covered transfer
by the covered organization which transfers the amount
only if the aggregate amount transferred during the
year by such covered organization to that same covered
organization is equal to or greater than $50,000.
``(B) Determination of amount of certain payments
among affiliates.--In determining the amount of a
transfer between affiliates for purposes of
subparagraph (A), to the extent that the transfer
consists of funds attributable to dues, fees, or
assessments which are paid by individuals on a regular,
periodic basis in accordance with a per-individual
calculation which is made on a regular basis, the
transfer shall be attributed to the individuals paying
the dues, fees, or assessments and shall not be
attributed to the covered organization.
``(C) Description of transfers between
affiliates.--A transfer of amounts from one covered
organization to another covered organization shall be
treated as a transfer between affiliates if--
``(i) one of the organizations is an
affiliate of the other organization; or
``(ii) each of the organizations is an
affiliate of the same organization,
except that the transfer shall not be treated as a
transfer between affiliates if one of the organizations
is established for the purpose of making campaign-
related disbursements.
``(D) Determination of affiliate status.--For
purposes of subparagraph (C), a covered organization is
an affiliate of another covered organization if--
``(i) the governing instrument of the
organization requires it to be bound by
decisions of the other organization;
``(ii) the governing board of the
organization includes persons who are
specifically designated representatives of the
other organization or are members of the
governing board, officers, or paid executive
staff members of the other organization, or
whose service on the governing board is
contingent upon the approval of the other
organization; or
``(iii) the organization is chartered by
the other organization.
``(E) Coverage of transfers to affiliated section
501(c)(3) organizations.--This paragraph shall apply
with respect to an amount transferred by a covered
organization to an organization described in paragraph
(3) of section 501(c) of the Internal Revenue Code of
1986 and exempt from tax under section 501(a) of such
Code in the same manner as this paragraph applies to an
amount transferred by a covered organization to another
covered organization.
``(g) No Effect on Other Reporting Requirements.--Except as
provided in subsection (b)(1), nothing in this section shall be
construed to waive or otherwise affect any other requirement of this
Act which relates to the reporting of campaign-related
disbursements.''.
(b) Conforming Amendment.--Section 304(f)(6) of such Act (52 U.S.C.
30104) is amended by striking ``Any requirement'' and inserting
``Except as provided in section 324(b), any requirement''.
(c) Regulations.--Not later than 6 months after the date of the
enactment of this Act, the Federal Election Commission shall promulgate
regulations relating the application of the exemption under section
324(a)(3)(C) of the Federal Election Campaign Act of 1971 (as added by
subsection (a)). Such regulations--
(1) shall require that the legal burden of establishing
eligibility for such exemption is upon the organization
required to make the report required under section 324(a)(1) of
such Act (as added by subsection (a)), and
(2) shall be consistent with the principles applied in
Citizens United v. Federal Election Commission, 558 U.S. 310
(2010).
SEC. 202. REPORTING OF FEDERAL JUDICIAL NOMINATION DISBURSEMENTS.
(a) Findings.--Congress makes the following findings:
(1) A fair and impartial judiciary is critical for our
democracy and crucial to maintain the faith of the people of
the United States in the justice system. As the Supreme Court
held in Caperton v. Massey, ``there is a serious risk of actual
bias--based on objective and reasonable perceptions--when a
person with a personal stake in a particular case had a
significant and disproportionate influence in placing the judge
on the case.''(Caperton v. A. T. Massey Coal Co., 556 U.S. 868,
884 (2009)).
(2) Public trust in government is at a historic low.
According to polling, most Americans believe that corporations
have too much power and influence in politics and the courts.
(3) The prevalence and pervasiveness of dark money drives
public concern about corruption in politics and the courts.
Dark money is funding for organizations and political
activities that cannot be traced to actual donors. It is made
possible by loopholes in our tax laws and regulations, weak
oversight by the Internal Revenue Service, and donor-friendly
court decisions.
(4) Under current law, ``social welfare'' organizations and
business leagues can use funds to influence elections so long
as political activity is not their ``primary'' activity. Super
PACs can accept and spend unlimited contributions from any non-
foreign source. These groups can spend tens of millions of
dollars on political activities. Such dark money groups spent
an estimated $1,050,000,000 in the 2020 election cycle.
(5) Dark money is used to shape judicial decision making.
This can take many forms, akin to agency capture: influencing
judicial selection by controlling who gets nominated and
funding candidate advertisements; creating public relations
campaigns aimed at mobilizing the judiciary around particular
issues; and drafting law review articles, amicus briefs, and
other products which tell judges how to decide a given case and
provide ready-made arguments for willing judges to adopt.
(6) Over the past decade, nonprofit organizations that do
not disclose their donors have spent hundreds of millions of
dollars to influence the nomination and confirmation process
for Federal judges. One organization alone has spent nearly
$40,000,000 on advertisements supporting or opposing Supreme
Court nominees since 2016.
(7) Anonymous money spent on judicial nominations is not
subject to any disclosure requirements. Federal election laws
only regulate contributions and expenditures relating to
electoral politics; thus, expenditures, contributions, and
advocacy efforts for Federal judgeships are not covered under
the Federal Election Campaign Act of 1971. Without more
disclosure, the public has no way of knowing whether the people
spending money supporting or opposing judicial nominations have
business before the courts.
(8) Congress and the American people have a compelling
interest in knowing who is funding these campaigns to select
and confirm judges to lifetime appointments on the Federal
bench.
(b) Reporting.--Section 324 of the Federal Election Campaign Act of
1971 (52 U.S.C. 30126), as amended by section 201, is amended by
redesignating subsection (g) as subsection (h) and by inserting after
subsection (f) the following new subsection:
``(g) Application to Federal Judicial Nominations.--
``(1) In general.--For purposes of this section--
``(A) a disbursement by a covered organization for
a Federal judicial nomination communication shall be
treated as a campaign-related disbursement; and
``(B) in the case of campaign-related disbursements
which are for Federal judicial nomination
communications--
``(i) the dollar amounts in paragraphs (1)
and (2) of subsection (a) shall be applied
separately with respect to such disbursements
and other campaign-related disbursements;
``(ii) the election reporting cycle shall
be the calendar year in which the disbursement
for the Federal judicial nomination
communication is made;
``(iii) references to a candidate in
subsections (a)(2)(C), (a)(2)(D), and (a)(3)(C)
shall be treated as references to a nominee for
a Federal judge or justice;
``(iv) the reference to an election in
subsection (a)(2)(C) shall be treated as a
reference to the nomination of such nominee.
``(2) Federal judicial nomination communication.--
``(A) In general.--The term `Federal judicial
nomination communication' means any communication--
``(i) that is by means of any broadcast,
cable, or satellite, paid internet, or paid
digital communication, paid promotion,
newspaper, magazine, outdoor advertising
facility, mass mailing, telephone bank,
telephone messaging effort of more than 500
substantially similar calls or electronic
messages within a 30-day period, or any other
form of general public political advertising;
and
``(ii) which promotes, supports, attacks,
or opposes the nomination or Senate
confirmation of an individual as a Federal
judge or justice.
``(B) Exception.--Such term shall not include any
news story, commentary, or editorial distributed
through the facilities of any broadcasting station or
any print, online, or digital newspaper, magazine,
publication, or periodical, unless such facilities are
owned or controlled by any political party, political
committee, or candidate.
``(C) Intent not required.--A disbursement for an
item described in subparagraph (A) shall be treated as
a disbursement for a Federal judicial nomination
communication regardless of the intent of the person
making the disbursement.''.
SEC. 203. COORDINATION WITH FINCEN.
(a) In General.--The Director of the Financial Crimes Enforcement
Network of the Department of the Treasury shall provide the Federal
Election Commission with such information as necessary to assist in
administering and enforcing section 324 of the Federal Election
Campaign Act of 1971, as amended by this title.
(b) Report.--Not later than 6 months after the date of the
enactment of this Act, the Chairman of the Federal Election Commission,
in consultation with the Director of the Financial Crimes Enforcement
Network of the Department of the Treasury, shall submit to Congress a
report with recommendations for providing further legislative authority
to assist in the administration and enforcement of such section 324.
SEC. 204. APPLICATION OF FOREIGN MONEY BAN TO DISBURSEMENTS FOR
CAMPAIGN-RELATED DISBURSEMENTS CONSISTING OF COVERED
TRANSFERS.
Section 319(b)(2) of the Federal Election Campaign Act of 1971 (52
U.S.C. 30121(a)(1)(A)), as amended by section 101, is amended--
(1) by striking ``includes any disbursement'' and inserting
``includes--
``(A) any disbursement'';
(2) by striking the period at the end and inserting ``;
and'', and
(3) by adding at the end the following new subparagraph:
``(B) any disbursement, other than a disbursement
described in section 324(a)(3)(A), to another person
who made a campaign-related disbursement consisting of
a covered transfer (as described in section 324) during
the 2-year period ending on the date of the
disbursement.''.
SEC. 205. SENSE OF CONGRESS REGARDING IMPLEMENTATION.
It is the sense of Congress that the Federal Election Commission
should simplify the process for filing any disclosure required under
the provisions of, and amendments made by, this title in order to
ensure that such process is as easy and accessible as possible.
SEC. 206. EFFECTIVE DATE.
The amendments made by this title shall apply with respect to
disbursements made on or after January 1, 2024, and shall take effect
without regard to whether or not the Federal Election Commission has
promulgated regulations to carry out such amendments.
TITLE III--OTHER ADMINISTRATIVE REFORMS
SEC. 301. PETITION FOR CERTIORARI.
Section 307(a)(6) of the Federal Election Campaign Act of 1971 (52
U.S.C. 30107(a)(6)) is amended by inserting ``(including a proceeding
before the Supreme Court on certiorari)'' after ``appeal''.
SEC. 302. JUDICIAL REVIEW OF ACTIONS RELATED TO CAMPAIGN FINANCE LAWS.
(a) In General.--Title IV of the Federal Election Campaign Act of
1971 (52 U.S.C. 30141 et seq.) is amended by inserting after section
406 the following new section:
``SEC. 407. JUDICIAL REVIEW.
``(a) In General.--If any action is brought for declaratory or
injunctive relief to challenge, whether facially or as-applied, the
constitutionality or lawfulness of any provision of this Act, including
title V, or of chapter 95 or 96 of the Internal Revenue Code of 1986,
or is brought to with respect to any action of the Commission under
chapter 95 or 96 of the Internal Revenue Code of 1986, the following
rules shall apply:
``(1) The action shall be filed in the United States
District Court for the District of Columbia and an appeal from
the decision of the district court may be taken to the Court of
Appeals for the District of Columbia Circuit.
``(2) In the case of an action relating to declaratory or
injunctive relief to challenge the constitutionality of a
provision, the party filing the action shall concurrently
deliver a copy of the complaint to the Clerk of the House of
Representatives and the Secretary of the Senate.
``(3) It shall be the duty of the United States District
Court for the District of Columbia and the Court of Appeals for
the District of Columbia Circuit to advance on the docket and
to expedite to the greatest possible extent the disposition of
the action and appeal.
``(b) Clarifying Scope of Jurisdiction.--If an action at the time
of its commencement is not subject to subsection (a), but an amendment,
counterclaim, cross-claim, affirmative defense, or any other pleading
or motion is filed challenging, whether facially or as-applied, the
constitutionality or lawfulness of this Act or of chapter 95 or 96 of
the Internal Revenue Code of 1986, or is brought to with respect to any
action of the Commission under chapter 95 or 96 of the Internal Revenue
Code of 1986, the district court shall transfer the action to the
District Court for the District of Columbia, and the action shall
thereafter be conducted pursuant to subsection (a).
``(c) Intervention by Members of Congress.--In any action described
in subsection (a) relating to declaratory or injunctive relief to
challenge the constitutionality of a provision, any Member of the House
of Representatives (including a Delegate or Resident Commissioner to
the Congress) or Senate shall have the right to intervene either in
support of or opposition to the position of a party to the case
regarding the constitutionality of the provision. To avoid duplication
of efforts and reduce the burdens placed on the parties to the action,
the court in any such action may make such orders as it considers
necessary, including orders to require interveners taking similar
positions to file joint papers or to be represented by a single
attorney at oral argument.
``(d) Challenge by Members of Congress.--Any Member of Congress may
bring an action, subject to the special rules described in subsection
(a), for declaratory or injunctive relief to challenge, whether
facially or as-applied, the constitutionality of any provision of this
Act or chapter 95 or 96 of the Internal Revenue Code of 1986.''.
(b) Conforming Amendments.--
(1) Section 9011 of the Internal Revenue Code of 1986 is
amended to read as follows:
``SEC. 9011. JUDICIAL REVIEW.
``For provisions relating to judicial review of certifications,
determinations, and actions by the Commission under this chapter, see
section 407 of the Federal Election Campaign Act of 1971.''.
(2) Section 9041 of the Internal Revenue Code of 1986 is
amended to read as follows:
``SEC. 9041. JUDICIAL REVIEW.
``For provisions relating to judicial review of actions by the
Commission under this chapter, see section 407 of the Federal Election
Campaign Act of 1971.''.
(3) Section 310 of the Federal Election Campaign Act of
1971 (52 U.S.C. 30110) is repealed.
(4) Section 403 of the Bipartisan Campaign Reform Act of
2002 (52 U.S.C. 30110 note) is repealed.
SEC. 303. EFFECTIVE DATE.
The amendments made by this title shall take effect and apply on
the date of the enactment of this Act, without regard to whether or not
the Federal Election Commission has promulgated regulations to carry
out this title and the amendments made by this title.
TITLE IV--STAND BY EVERY AD
SEC. 401. SHORT TITLE.
This title may be cited as the ``Stand By Every Ad Act''.
SEC. 402. STAND BY EVERY AD.
(a) Expanded Disclaimer Requirements for Certain Communications.--
Section 318 of the Federal Election Campaign Act of 1971 (52 U.S.C.
30120) is amended by adding at the end the following new subsection:
``(e) Expanded Disclaimer Requirements for Communications Not
Authorized by Candidates or Committees.--
``(1) In general.--Except as provided in paragraph (6), any
communication described in paragraph (3) of subsection (a)
which is transmitted in an audio or video format (including an
internet or digital communication), or which is an internet or
digital communication transmitted in a text or graphic format,
shall include, in addition to the requirements of paragraph (3)
of subsection (a), the following:
``(A) The individual disclosure statement described
in paragraph (2)(A) (if the person paying for the
communication is an individual) or the organizational
disclosure statement described in paragraph (2)(B) (if
the person paying for the communication is not an
individual).
``(B) If the communication is transmitted in a
video format, or is an internet or digital
communication which is transmitted in a text or graphic
format, and is paid for in whole or in part with a
payment which is treated as a campaign-related
disbursement under section 324--
``(i) the Top Five Funders list (if
applicable); or
``(ii) in the case of a communication
which, as determined on the basis of criteria
established in regulations issued by the
Commission, is of such short duration that
including the Top Five Funders list in the
communication would constitute a hardship to
the person paying for the communication by
requiring a disproportionate amount of the
content of the communication to consist of the
Top Five Funders list, the name of a website
which contains the Top Five Funders list (if
applicable) or, in the case of an internet or
digital communication, a hyperlink to such
website.
``(C) If the communication is transmitted in an
audio format and is paid for in whole or in part with a
payment which is treated as a campaign-related
disbursement under section 324--
``(i) the Top Two Funders list (if
applicable); or
``(ii) in the case of a communication
which, as determined on the basis of criteria
established in regulations issued by the
Commission, is of such short duration that
including the Top Two Funders list in the
communication would constitute a hardship to
the person paying for the communication by
requiring a disproportionate amount of the
content of the communication to consist of the
Top Two Funders list, the name of a website
which contains the Top Two Funders list (if
applicable).
``(2) Disclosure statements described.--
``(A) Individual disclosure statements.--The
individual disclosure statement described in this
subparagraph is the following: `I am ________, and I
approve this message.', with the blank filled in with
the name of the applicable individual.
``(B) Organizational disclosure statements.--The
organizational disclosure statement described in this
subparagraph is the following: `I am ________, the
________ of ________, and ________ approves this
message.', with--
``(i) the first blank to be filled in with
the name of the applicable individual;
``(ii) the second blank to be filled in
with the title of the applicable individual;
and
``(iii) the third and fourth blank each to
be filled in with the name of the organization
or other person paying for the communication.
``(3) Method of conveyance of statement.--
``(A) Communications in text or graphic format.--In
the case of a communication to which this subsection
applies which is transmitted in a text or graphic
format, the disclosure statements required under
paragraph (1) shall appear in letters at least as large
as the majority of the text in the communication.
``(B) Communications transmitted in audio format.--
In the case of a communication to which this subsection
applies which is transmitted in an audio format, the
disclosure statements required under paragraph (1)
shall be made by audio by the applicable individual in
a clear and conspicuous manner.
``(C) Communications transmitted in video format.--
In the case of a communication to which this subsection
applies which is transmitted in a video format, the
information required under paragraph (1) shall appear
in writing at the end of the communication or in a
crawl along the bottom of the communication in a clear
and conspicuous manner, with a reasonable degree of
color contrast between the background and the printed
statement, for a period of at least 6 seconds.
``(4) Applicable individual defined.--The term `applicable
individual' means, with respect to a communication to which
this subsection applies--
``(A) if the communication is paid for by an
individual, the individual involved;
``(B) if the communication is paid for by a
corporation, the chief executive officer of the
corporation (or, if the corporation does not have a
chief executive officer, the highest ranking official
of the corporation);
``(C) if the communication is paid for by a labor
organization, the highest ranking officer of the labor
organization; and
``(D) if the communication is paid for by any other
person, the highest ranking official of such person.
``(5) Top five funders list and top two funders list
defined.--
``(A) Top five funders list.--The term `Top Five
Funders list' means, with respect to a communication
which is paid for in whole or in part with a campaign-
related disbursement (as defined in section 324), a
list of the 5 persons who, during the 12-month period
ending on the date of the disbursement, provided the
largest payments of any type in an aggregate amount
equal to or exceeding $10,000 to the person who is
paying for the communication and the amount of the
payments each such person provided. If 2 or more people
provided the fifth largest of such payments, the person
paying for the communication shall select 1 of those
persons to be included on the Top Five Funders list.
``(B) Top two funders list.--The term `Top Two
Funders list' means, with respect to a communication
which is paid for in whole or in part with a campaign-
related disbursement (as defined in section 324), a
list of the persons who, during the 12-month period
ending on the date of the disbursement, provided the
largest and the second largest payments of any type in
an aggregate amount equal to or exceeding $10,000 to
the person who is paying for the communication and the
amount of the payments each such person provided. If 2
or more persons provided the second largest of such
payments, the person paying for the communication shall
select 1 of those persons to be included on the Top Two
Funders list.
``(C) Exclusion of certain payments.--For purposes
of subparagraphs (A) and (B), in determining the amount
of payments made by a person to a person paying for a
communication, there shall be excluded the following:
``(i) Any amounts provided in the ordinary
course of any trade or business conducted by
the person paying for the communication or in
the form of investments in the person paying
for the communication.
``(ii) Any payment which the person
prohibited, in writing, from being used for
campaign-related disbursements, but only if the
person paying for the communication agreed to
follow the prohibition and deposited the
payment in an account which is segregated from
a campaign-related disbursement segregated fund
(as defined in section 324) and any other
account used to make campaign-related
disbursements.
``(6) Special rules for certain communications.--
``(A) Exception for communications paid for by
political parties and certain political committees.--
This subsection does not apply to any communication to
which subsection (d)(2) applies.
``(B) Treatment of video communications lasting 10
seconds or less.--In the case of a communication to
which this subsection applies which is transmitted in a
video format, or is an internet or digital
communication which is transmitted in a text or graphic
format, the communication shall meet the following
requirements:
``(i) The communication shall include the
individual disclosure statement described in
paragraph (2)(A) (if the person paying for the
communication is an individual) or the
organizational disclosure statement described
in paragraph (2)(B) (if the person paying for
the communication is not an individual).
``(ii) The statement described in clause
(i) shall appear in writing at the end of the
communication, or in a crawl along the bottom
of the communication, in a clear and
conspicuous manner, with a reasonable degree of
color contrast between the background and the
printed statement, for a period of at least 4
seconds.
``(iii) The communication shall include, in
a clear and conspicuous manner, a website
address with a landing page which will provide
all of the information described in paragraph
(1) with respect to the communication. Such
address shall appear for the full duration of
the communication.
``(iv) To the extent that the format in
which the communication is made permits the use
of a hyperlink, the communication shall include
a hyperlink to the website address described in
clause (iii).''.
(b) Application of Expanded Requirements to Public Communications
Consisting of Campaign-Related Disbursements.--
(1) In general.--Section 318(a) of such Act (52 U.S.C.
30120(a)) is amended by striking ``for the purpose of financing
communications expressly advocating the election or defeat of a
clearly identified candidate'' and inserting ``for a campaign-
related disbursement, as defined in section 324, consisting of
a public communication''.
(2) Clarification of exemption from inclusion of candidate
disclaimer statement in federal judicial nomination
communications.--Section 318(a)(3) of such Act (52 U.S.C.
30120(a)(3)) is amended by striking ``shall clearly state'' and
inserting ``shall (except in the case of a Federal judicial
nomination communication, as defined in section 324(d)(3))
clearly state''.
(c) Exception for Communications Paid for by Political Parties and
Certain Political Committees.--Section 318(d)(2) of such Act (52 U.S.C.
30120(d)(2)) is amended--
(1) in the heading, by striking ``others'' and inserting
``certain political committees'';
(2) by striking ``Any communication'' and inserting ``(A)
Any communication'';
(3) by inserting ``which (except to the extent provided in
subparagraph (B)) is paid for by a political committee
(including a political committee of a political party) and''
after ``subsection (a)'';
(4) by striking ``or other person'' each place it appears;
and
(5) by adding at the end the following new subparagraph:
``(B)(i) This paragraph does not apply to a
communication paid for in whole or in part during a
calendar year with a campaign-related disbursement, but
only if the covered organization making the campaign-
related disbursement made campaign-related
disbursements (as defined in section 324) aggregating
more than $10,000 during such calendar year.
``(ii) For purposes of clause (i), in determining
the amount of campaign-related disbursements made by a
covered organization during a year, there shall be
excluded the following:
``(I) Any amounts received by the covered
organization in the ordinary course of any
trade or business conducted by the covered
organization or in the form of investments in
the covered organization.
``(II) Any amounts received by the covered
organization from a person who prohibited, in
writing, the organization from using such
amounts for campaign-related disbursements, but
only if the covered organization agreed to
follow the prohibition and deposited the
amounts in an account which is segregated from
a campaign-related disbursement segregated fund
(as defined in section 324) and any other
account used to make campaign-related
disbursements.''.
(d) Modification of Additional Requirements for Certain
Communications.--Section 318(d) of the Federal Election Campaign Act of
1971 (52 U.S.C. 30120(d)) is amended--
(1) in paragraph (1)(A)--
(A) by striking ``which is transmitted through
radio'' and inserting ``which is in an audio format'';
and
(B) by striking ``By radio'' in the heading and
inserting ``Audio format'';
(2) in paragraph (1)(B)--
(A) by striking ``which is transmitted through
television'' and inserting ``which is in video
format''; and
(B) by striking ``By television'' in the heading
and inserting ``Video format''; and
(3) in paragraph (2)--
(A) by striking ``transmitted through radio or
television'' and inserting ``made in audio or video
format''; and
(B) by striking ``through television'' in the
second sentence and inserting ``in video format''.
SEC. 403. DISCLAIMER REQUIREMENTS FOR COMMUNICATIONS MADE THROUGH
PRERECORDED TELEPHONE CALLS.
(a) Application of Requirements.--
(1) In general.--Section 318(a) of the Federal Election
Campaign Act of 1971 (52 U.S.C. 30120(a)) is amended by
striking ``mailing'' each place it appears and inserting
``mailing, telephone call consisting in substantial part of a
prerecorded audio message''.
(2) Application to communications subject to expanded
disclaimer requirements.--Section 318(e)(1) of such Act (52
U.S.C. 30120(e)(1)), as added by section 302(a), is amended in
the matter preceding subparagraph (A) by striking ``which is
transmitted in an audio or video format'' and inserting ``which
is transmitted in an audio or video format or which consists of
a telephone call consisting in substantial part of a
prerecorded audio message''.
(b) Treatment as Communication Transmitted in Audio Format.--
(1) Communications by candidates or authorized persons.--
Section 318(d) of such Act (52 U.S.C. 30120(d)) is amended by
adding at the end the following new paragraph:
``(3) Prerecorded telephone calls.--Any communication
described in paragraph (1), (2), or (3) of subsection (a)
(other than a communication which is subject to subsection (e))
which is a telephone call consisting in substantial part of a
prerecorded audio message shall include, in addition to the
requirements of such paragraph, the audio statement required
under subparagraph (A) of paragraph (1) or the audio statement
required under paragraph (2) (whichever is applicable), except
that the statement shall be made at the beginning of the
telephone call.''.
(2) Communications subject to expanded disclaimer
requirements.--Section 318(e)(3) of such Act (52 U.S.C.
30120(e)(3)), as added by section 302(a), is amended by adding
at the end the following new subparagraph:
``(D) Prerecorded telephone calls.--In the case of
a communication to which this subsection applies which
is a telephone call consisting in substantial part of a
prerecorded audio message, the communication shall be
considered to be transmitted in an audio format.''.
SEC. 404. NO EXPANSION OF PERSONS SUBJECT TO DISCLAIMER REQUIREMENTS ON
INTERNET COMMUNICATIONS.
Nothing in this title or the amendments made by this title may be
construed to require any person who is not required under section 318
of the Federal Election Campaign Act of 1971 to include a disclaimer on
communications made by the person through the internet to include any
disclaimer on any such communications.
SEC. 405. EFFECTIVE DATE.
The amendments made by this title shall apply with respect to
communications made on or after January 1, 2024, and shall take effect
without regard to whether or not the Federal Election Commission has
promulgated regulations to carry out such amendments.
TITLE V--SEVERABILITY
SEC. 501. SEVERABILITY.
If any provision of this Act or amendment made by this Act, or the
application of a provision or amendment to any person or circumstance,
is held to be unconstitutional, the remainder of this Act and
amendments made by this Act, and the application of the provisions and
amendment to any person or circumstance, shall not be affected by the
holding.
<all>
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118S513
|
Insure Cybersecurity Act of 2023
|
[
[
"H000273",
"Sen. Hickenlooper, John W. [D-CO]",
"sponsor"
],
[
"C001047",
"Sen. Capito, Shelley Moore [R-WV]",
"cosponsor"
]
] |
<html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 513 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 513
To require the Assistant Secretary of Commerce for Communications and
Information to establish a working group on cyber insurance, to require
dissemination of informative resources for issuers and customers of
cyber insurance, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
February 16, 2023
Mr. Hickenlooper (for himself and Mrs. Capito) introduced the following
bill; which was read twice and referred to the Committee on Commerce,
Science, and Transportation
_______________________________________________________________________
A BILL
To require the Assistant Secretary of Commerce for Communications and
Information to establish a working group on cyber insurance, to require
dissemination of informative resources for issuers and customers of
cyber insurance, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Insure Cybersecurity Act of 2023''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Assistant secretary.--The term ``Assistant Secretary''
means the Assistant Secretary of Commerce for Communications
and Information.
(2) Customer.--The term ``customer'' means an individual or
organization that purchases cyber insurance from an issuer.
(3) Cyber incident.--The term ``cyber incident'' has the
meaning given the term ``incident'' in section 3552(b) of title
44, United States Code.
(4) Cyber insurance.--Subject to section 3(c)(1)(A), the
term ``cyber insurance'' means an insurance policy that,
whether by explicit inclusion or by lack of exclusion, offers
coverage for losses, damages, and costs incurred due to cyber
incidents.
(5) Issuer.--The term ``issuer'' means an organization that
issues cyber insurance.
(6) Policy.--The term ``policy'' means a policy for cyber
insurance.
(7) Small business.--The term ``small business'' has the
meaning given the term ``small business concern'' in section 3
of the Small Business Act (15 U.S.C. 632).
(8) Working group.--The term ``working group'' means the
working group established under section 3(a).
SEC. 3. WORKING GROUP ON CYBER INSURANCE.
(a) Establishment.--Not later than 90 days after the date of
enactment of this Act, the Assistant Secretary shall establish a
working group on cyber insurance.
(b) Composition.--
(1) Membership.--The working group shall be composed of not
less than 1 member from each of the following:
(A) The Cybersecurity and Infrastructure Security
Agency.
(B) The National Institute of Standards and
Technology.
(C) The Department of the Treasury.
(D) The Department of Justice.
(2) Chairperson.--The Assistant Secretary shall be the
chairperson of the working group.
(c) Activities.--
(1) In general.--The working group shall carry out the
following activities:
(A) For the purposes of the activities of the
working group, define the term ``cyber insurance'' in a
manner that is different from the definition of that
term under section 2(4), if the working group
determines that such a modified definition is
necessary.
(B) Analyze and explain in a manner most
understandable to customers the technical and legal
terminology commonly used in policies.
(C) Analyze, and develop recommendations regarding,
provisions in policies that relate to ransomware and
ransom payments made in response to ransomware.
(D) Analyze and explain in a manner most
understandable to customers the terminology used in
policies to include or exclude coverage for losses due
to cyber incidents that are caused by cyberterrorism or
acts of war.
(E) Develop recommendations for prospective
customers on ways to effectively evaluate the types and
levels of coverage offered under a policy.
(F) Develop recommendations for issuers, agents,
and brokers regarding how to provide and communicate
policy provisions that are clear and easy to understand
for customers.
(G) Identify the constraints of issuers in covering
higher amounts of losses and new cyber risk areas
currently not covered, including reputational damage
and intellectual property lost.
(H) Gather input from issuers on what measures
would improve the ability of those issuers to offer
additional coverage under policies, including
improvements to their actuarial data, cyber risk data,
and information sharing mechanisms and effective
measurement of the cybersecurity practices of
consumers.
(I) Identify the constraints of the market and why
more organizations do not use cyber insurance as a risk
response mechanism.
(J) Develop recommendations for customers on how
best to use cyber insurance as a risk response
mechanism for cyber risk and incentives for doing so.
(2) Consultation.--In carrying out the activities of the
working group under paragraph (1), the working group shall
consult with the public in an open and transparent manner,
including by consulting with the following stakeholders:
(A) Issuers.
(B) Insurance agents and brokers with experience in
the sale and distribution of cyber insurance.
(C) Representatives of business customers from
multiple sectors and representatives of small
businesses.
(D) Academia.
(E) State insurance regulators with expertise
regarding cybersecurity and cyber insurance.
(F) Other individuals or entities with
cybersecurity and cyber insurance expertise as the
Assistant Secretary considers appropriate.
(d) Report.--Not later than 1 year after the date on which the
working group first convenes, the working group shall submit to
Congress a report regarding the activities of the working group under
subsection (c) and any recommendations of the working group.
(e) Termination.--The working group shall terminate upon submission
of the report required under subsection (d).
(f) Rule of Construction.--Nothing in this section shall be
construed to--
(1) require adoption of the recommendations of the working
group; or
(2) provide any authority to any member of the working
group or any other individual to regulate the business of
insurance that is not already provided under any other
provision of law.
SEC. 4. DISSEMINATION OF INFORMATIVE RESOURCES FOR CYBER INSURANCE
STAKEHOLDERS.
(a) In General.--Not later than 90 days after the date on which the
working group submits the report required under section 3(d), the
Assistant Secretary shall disseminate and make publicly available
informative resources for cyber insurance stakeholders.
(b) Requirements.--The Assistant Secretary shall ensure that the
resources disseminated under subsection (a)--
(1) incorporate the recommendations included in the report
submitted under section 3(d);
(2) are generally applicable and usable by a wide range of
cyber insurance stakeholders, including issuers, agents,
brokers, and customers; and
(3) include case studies and specific examples, where
appropriate.
(c) Publication.--The resources disseminated under subsection (a)
shall be published on the public website of the National
Telecommunications and Information Administration.
(d) Outreach.--The Assistant Secretary shall conduct outreach and
coordination activities to promote the availability of the resources
disseminated under subsection (a) to relevant industry stakeholders and
the general public.
(e) Voluntary Use.--Nothing in this section may be construed to
require the use of the resources disseminated under subsection (a).
<all>
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118S514
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Congressional Tribute to Constance Baker Motley Act of 2023
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<p><b>Congressional Tribute to Constance Baker Motley Act of </b><b>2023</b></p> <p>This bill provides for the award of a Congressional Gold Medal posthumously to Constance Baker Motley in recognition of her contributions and service to the United States in advancing civil rights as an attorney, elected official, and judge.</p>
|
<html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 514 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 514
To award posthumously the Congressional Gold Medal to Constance Baker
Motley, in recognition of her enduring contributions and service to the
United States.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
February 16, 2023
Mr. Blumenthal (for himself, Mr. Graham, Mr. Schumer, Mr. Kennedy, Mr.
Murphy, Ms. Collins, Mr. King, Ms. Cortez Masto, Mr. Casey, Ms. Warren,
Mr. Merkley, Ms. Baldwin, Mr. Wyden, Mr. Padilla, Ms. Klobuchar, Mr.
Whitehouse, Mr. Booker, Mr. Reed, Mr. Schatz, Mrs. Feinstein, Mr.
Coons, Mrs. Murray, Mr. Bennet, Ms. Hirono, Mr. Menendez, and Mr.
Ossoff) introduced the following bill; which was read twice and
referred to the Committee on Banking, Housing, and Urban Affairs
_______________________________________________________________________
A BILL
To award posthumously the Congressional Gold Medal to Constance Baker
Motley, in recognition of her enduring contributions and service to 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 ``Congressional Tribute to Constance
Baker Motley Act of 2023''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) Constance Baker Motley was born in 1921, in New Haven,
Connecticut, the daughter of immigrants from the Caribbean
island of Nevis.
(2) In 1943, Constance Baker Motley graduated from New York
University with a Bachelor of Arts degree in economics.
(3) Upon receiving a law degree from Columbia University in
1946, Constance Baker Motley became a staff attorney at the
National Association for the Advancement of Colored People
Legal Defense and Educational Fund, Inc. (referred to in this
Act as the ``LDF''), and fought tirelessly for 2 decades
alongside Thurgood Marshall and other leading civil rights
lawyers to dismantle segregation throughout the United States.
(4) Constance Baker Motley was the only female attorney on
the LDF legal team that won the landmark desegregation case,
Brown v. Board of Education, 347 U.S. 483 (1954).
(5) Constance Baker Motley argued 10 major civil rights
cases before the Supreme Court of the United States, winning
all but 1, including the case brought on behalf of James
Meredith challenging the refusal of the University of
Mississippi to admit him.
(6) Constance Baker Motley's only loss before the Supreme
Court of the United States in Swain v. Alabama, 380 U.S. 202
(1965), a case in which the Supreme Court refused to proscribe
race-based peremptory challenges in cases involving African-
American defendants, and which was later reversed in Batson v.
Kentucky, 476 U.S. 79 (1986), on grounds that were largely
asserted by Constance Baker Motley in the Swain case.
(7) In 1964, Constance Baker Motley became the first
African-American woman elected to the New York State Senate.
(8) In 1965, Constance Baker Motley became the first
African-American woman, and the first woman, to serve as
president of the Borough of Manhattan.
(9) Constance Baker Motley, in her capacity as an elected
public official in New York, continued to fight for civil
rights, dedicating herself to the revitalization of the inner
city and improvement of urban public schools and housing.
(10) In 1966, Constance Baker Motley was appointed by
President Lyndon B. Johnson as a judge on the United States
District Court for the Southern District of New York.
(11) The appointment of Constance Baker Motley made her the
first African-American woman, and only the fifth woman,
appointed and confirmed for a Federal judgeship.
(12) In 1982, Constance Baker Motley was elevated to Chief
Judge of the United States District Court for the Southern
District of New York, the largest Federal trial court in the
United States.
(13) Constance Baker Motley assumed senior status in 1986,
and continued serving on the United States District Court for
the Southern District of New York with distinction for nearly 2
decades.
(14) Constance Baker Motley passed away on September 28,
2005, and is survived by her son, Joel W. Motley III, 3
grandchildren, and nieces and nephews in Connecticut and in
other States.
(15) September 14, 2021, was the 100th anniversary of the
birth of Constance Baker Motley.
SEC. 3. CONGRESSIONAL GOLD MEDAL.
(a) Presentation Authorized.--The Speaker of the House of
Representatives and the President pro tempore of the Senate shall make
appropriate arrangements for the posthumous presentation, on behalf of
Congress, of a gold medal of appropriate design in commemoration of
Constance Baker Motley, in recognition of her enduring contributions
and service to the United States.
(b) Design and Striking.--For purposes of the presentation referred
to in subsection (a), the Secretary of the Treasury (referred to in
this Act as the ``Secretary'') shall strike a gold medal with suitable
emblems, devices, and inscriptions, to be determined by the Secretary.
The design shall bear an image of, and an inscription of the name of,
``Constance Baker Motley''.
(c) Presentation.--With respect to the presentation referred to in
subsection (a), the gold medal shall be presented to Constance Baker
Motley's son, Joel Motley III, and her niece, Constance Royster.
(d) Disposition of Medal.--Following the presentation referred to
in subsection (a), the gold medal shall be given to Joel Motley III.
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 Medal.--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 section 5134 of title 31,
United States Code, all medals struck under this Act shall be
considered to be numismatic items.
SEC. 6. AUTHORITY TO USE FUND AMOUNTS; PROCEEDS OF SALE.
(a) Authority To Use Fund Amounts.--There is authorized to be
charged against the United States Mint Public Enterprise Fund such
amounts as may be necessary to pay for the costs of the medals struck
under this Act.
(b) Proceeds of Sale.--Amounts received from the sale of duplicate
bronze medals authorized under section 4 shall be deposited into the
United States Mint Public Enterprise Fund.
<all>
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118S515
|
Securing Our Propane Supply Act
|
[
[
"S000770",
"Sen. Stabenow, Debbie [D-MI]",
"sponsor"
],
[
"T000250",
"Sen. Thune, John [R-SD]",
"cosponsor"
]
] |
<html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 515 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 515
To require the Secretary of Energy to conduct a study to determine the
feasibility and effectiveness of establishing a national strategic
propane reserve.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
February 16, 2023
Ms. Stabenow (for herself and Mr. Thune) 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 conduct a study to determine the
feasibility and effectiveness of establishing a national strategic
propane reserve.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Securing Our Propane Supply Act''.
SEC. 2. DEPARTMENT OF ENERGY STUDY ON ESTABLISHING NATIONAL STRATEGIC
PROPANE RESERVE.
(a) Study.--
(1) In general.--Not later than 180 days after the date of
enactment of this Act, the Secretary of Energy, in consultation
with the Administrator of the Energy Information
Administration, shall complete a study to determine the
feasibility and effectiveness of establishing a national
strategic propane reserve, separate from the Strategic
Petroleum Reserve established under part B of title I of the
Energy Policy and Conservation Act (42 U.S.C. 6231 et seq.).
(2) Elements.--The study under paragraph (1) shall
include--
(A) an assessment of the current state of the
propane supply chain in the United States to meet
current and forecasted consumer demands;
(B) an assessment of the risks of regional propane
supply disruptions, including--
(i) past causes of disruptions;
(ii) possible causes of disruptions in the
future; and
(iii) whether disruptions justify the
establishment of a national strategic propane
reserve;
(C) an evaluation of--
(i) appropriate and most suitable locations
for a strategic propane reserve;
(ii) the quantity of propane storage that
would be appropriate at each such location; and
(iii) the suitability of existing
infrastructure to facilitate transportation and
delivery of propane from a strategic propane
reserve during a drawdown;
(D) an evaluation of the additional infrastructure
needed for a strategic propane reserve to function
properly;
(E) consideration of the means by which a strategic
propane reserve would prevent and manage degradation of
the propane in storage;
(F) an evaluation of appropriate triggers
(including price and supply) for making available
propane from a strategic reserve;
(G) an evaluation of the appropriate manner of
acquiring propane and propane storage for a strategic
reserve, while minimizing market implications,
including an assessment of--
(i) unutilized and under-utilized storage;
and
(ii) new storage opportunities;
(H) an evaluation of the appropriate transactions
(including direct sales, exchanges, or other options)
for delivering propane in a strategic reserve to the
market when a release is triggered;
(I) an evaluation of likely consumers (including
individuals, agricultural producers, and the Armed
Forces) of propane from a strategic reserve,
including--
(i) identification and categorization of
those consumers;
(ii) a State-by-State breakdown of propane
usage by those consumers; and
(iii) an evaluation of the expected impacts
of a strategic propane reserve on those
categories of consumers and States;
(J) an evaluation of the market implications of
establishing and administering a strategic propane
reserve, including an assessment of potential price and
supply effects; and
(K) identification, preliminary assessment, and
evaluation of alternatives to a strategic propane
reserve that could provide supply and price relief
during regional propane supply disruptions.
(3) Recommendations.--In conducting the study under this
subsection, the Secretary of Energy shall develop
recommendations with respect to each element of the study
described in paragraph (2) regarding--
(A) whether a national strategic propane reserve
should be established; and
(B) if such a reserve should be established, the
most practicable method of establishment.
(b) Plan.--Not later than 180 days after the date of completion of
the study under subsection (a), the Secretary of Energy shall develop a
plan for implementing the recommendations developed under paragraph (3)
of that subsection.
(c) Industry Coordination.--In conducting the study under
subsection (a) and developing the plan under subsection (b), the
Secretary of Energy is encouraged to coordinate with entities in the
propane industry, including representatives from the entire propane
supply chain.
(d) Submission to Congress.--The Secretary of Energy shall submit
to the Committee on Energy and Natural Resources of the Senate and the
Committee on Energy and Commerce of the House of Representatives a
report describing--
(1) the study completed under subsection (a); and
(2) the plan developed under subsection (b).
(e) Protection of National Security Information.--Before submitting
the report under subsection (d), or otherwise publishing the study
completed under subsection (a) or the plan developed under subsection
(b), the Secretary of Energy shall adopt such procedures with respect
to confidentiality (including procedures for redaction of information)
as the Secretary determines to be necessary to ensure the protection of
classified information relating to specific vulnerabilities to United
States energy security or reliability.
<all>
</pre></body></html>
|
[
"Energy"
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|
118S516
|
Fair Wages for Incarcerated Workers Act of 2023
|
[
[
"B001288",
"Sen. Booker, Cory A. [D-NJ]",
"sponsor"
]
] |
<p><b>Fair Wages for Incarcerated Workers Act of 2023</b></p> <p>This bill extends the protections under the Fair Labor Standards Act of 1938, including minimum wage requirements, to incarcerated workers.</p> <p>Incarcerated workers include individuals detained in a correctional facility who perform work offered or required by or through the correctional facility, including work associated with prison work programs, work release programs, federal prison industries (i.e., UNICOR program), state prison industries, public works programs, restitution centers, correctional facility operations and maintenance, and private entities.</p>
|
<html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 516 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 516
To require coverage of incarcerated workers under the Fair Labor
Standards Act of 1938, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
February 16, 2023
Mr. Booker introduced the following bill; which was read twice and
referred to the Committee on Health, Education, Labor, and Pensions
_______________________________________________________________________
A BILL
To require coverage of incarcerated workers under the Fair Labor
Standards Act of 1938, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Fair Wages for Incarcerated Workers
Act of 2023''.
SEC. 2. COVERAGE OF INCARCERATED WORKERS UNDER THE FAIR LABOR STANDARDS
ACT OF 1938.
Section 3 of the Fair Labor Standards Act of 1938 (29 U.S.C. 203)
is amended--
(1) in subsection (e)--
(A) in paragraph (2)--
(i) in subparagraph (B), by striking ``;
and'' and inserting a semicolon;
(ii) in subparagraph (C)(ii)(V), by
striking the period at the end and inserting
``; and''; and
(iii) by adding at the end the following:
``(D) any individual employed as an incarcerated
worker by a public agency that operates the
correctional facility in which such individual is
incarcerated or detained.''; and
(B) by adding at the end the following:
``(6) The term `employee' includes (in addition to an
individual described in paragraph (2)(D)) any individual
employed as an incarcerated worker by a private entity that
operates, through a contract with a public agency, the
correctional facility in which such individual is incarcerated
or detained.'';
(2) in subsection (m)(1), by striking ``any employee.'' and
inserting ``any employee: Provided further, That, in the case
of an employee who is an incarcerated worker, the cost of
board, lodging, or other facilities and any amount taken from
amounts paid such incarcerated worker for payment of a court-
imposed fee shall not be included in the wage paid to such
employee.''; and
(3) by adding at the end the following:
``(z)(1) `Incarcerated worker' means an individual, incarcerated or
detained in a correctional facility operated by a public agency or by a
private entity through a contract with a public agency, who performs
work offered or required by or through the correctional facility,
including work associated with prison work programs, work release
programs, the UNICOR program, State prison industries, public works
programs, restitution centers, correctional facility operations and
maintenance, and private entities.
``(2) An incarcerated worker shall be considered employed by--
``(A) the public agency operating the correctional facility
in which the individual is incarcerated or detained; or
``(B) in the case of a correctional facility operated by a
private entity through a contract with a public agency, such
private entity.
``(aa) `Correctional facility' has the meaning given such term in
section 901 of the Omnibus Crime Control and Safe Streets Act of 1968
(34 U.S.C. 10251).
``(bb)(1) `Court-imposed fee' means any fee imposed by a court as a
result of a criminal conviction, including any surcharge imposed for a
felony or misdemeanor conviction, a criminal justice administrative
fee, a court-appointed attorney fee, a court clerk fee, a filing clerk
fee, a DNA database fee, a jury fee, a crime lab analysis fee, a late
fee, an installment fee, or any other court cost.
``(2) The term `court-imposed fee' does not include any amount
required by a court to be paid for child support, to a crime victim
compensation fund, for a civil judgment, or for a criminal fine.''.
<all>
</pre></body></html>
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118S517
|
Combating Workplace Discrimination in Correctional Facilities Act of 2023
|
[
[
"B001288",
"Sen. Booker, Cory A. [D-NJ]",
"sponsor"
]
] |
<html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 517 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 517
To prevent discrimination and retaliation against incarcerated workers,
and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
February 16, 2023
Mr. Booker introduced the following bill; which was read twice and
referred to the Committee on the Judiciary
_______________________________________________________________________
A BILL
To prevent discrimination and retaliation against incarcerated workers,
and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Combating Workplace Discrimination
in Correctional Facilities Act of 2023''.
SEC. 2. ELIMINATION OF REQUIRED PARTICIPATION IN THE INMATE WORK
PROGRAM.
(a) United States Code.--Section 4001(b) of title 18, United States
Code, is amended by adding at the end the following:
``(3) The Attorney General may not require inmates to participate
in a work program.''.
(b) Code of Federal Regulations.--The Attorney General shall amend
sections 545.20 and 545.23 of title 28, Code of Federal Regulations,
and any other regulations necessary, to comply with the amendment made
in paragraph (1).
SEC. 3. ELIMINATION OF ADMINISTRATIVE EXHAUSTION REQUIREMENT.
(a) In General.--Section 7(a) of the Civil Rights of
Institutionalized Persons Act (42 U.S.C. 1997e(a)) is amended to read
as follows:
``(a) Administrative Exhaustion Not Required.--A prisoner confined
in any jail, prison, or other correctional facility may bring an action
with respect to prison conditions under section 1979 of the Revised
Statutes of the United States (42 U.S.C. 1983) or another Federal law
without regard to whether the prisoner has exhausted the administrative
remedies that are available.''.
(b) Applicability.--The amendment made by subsection (a) shall
apply with respect to any action that is filed on or after the date of
enactment of this Act.
SEC. 4. LIMITATIONS ON RETALIATION AND DISCIPLINE FOR REFUSAL TO WORK.
(a) Prohibition of Retaliation for Refusal To Work.--Section 6 of
the Civil Rights of Institutionalized Persons Act (42 U.S.C. 1997d) is
amended--
(1) by striking ``No person'' and inserting ``(a) Reporting
Violations.--No person''; and
(2) by adding at the end:
``(b) Refusal To Work.--No prisoner (as defined in section 7) shall
be subjected to retaliation in any manner for refusal to work.''.
(b) Limitation on Discipline.--
(1) United states code.--Section 4042 of title 18, United
States Code, is amended--
(A) by redesignating subsection (d) as subsection
(e); and
(B) by inserting after subsection (c) the
following:
``(d) Limitation on Discipline.--The Director of the Bureau of
Prisons may not discipline a prisoner for refusing to work.''.
(2) Code of federal regulations.--The Attorney General
shall amend sections 541.3 and 545.24(c) of title 28, Code of
Federal Regulations, and any other regulations necessary, to
comply with the amendment made in paragraph (1).
SEC. 5. NONDISCRIMINATION IN EMPLOYMENT AND PUBLIC SERVICES.
(a) Civil Rights Act of 1964.--
(1) In general.--Section 701 of the Civil Rights Act of
1964 (42 U.S.C. 2000e) is amended--
(A) in subsection (b), by inserting ``(including an
entity that operates, directly or by contract, a
correctional facility, with respect to employment of
persons including incarcerated workers)'' after
``industry affecting commerce'';
(B) in subsection (f), by inserting ``(including an
incarcerated worker)'' after ``an individual'' the
first place it appears; and
(C) by adding at the end the following:
``(o) The term `correctional facility' means a jail, prison, or
other detention facility used to house people who have been arrested,
detained, held, or convicted by a criminal justice agency or a court.
``(p) In subsections (b) and (f), the term `employ' has the meaning
given the term in section 3 of the Fair Labor Standards Act of 1938 (29
U.S.C. 203).
``(q) The term `incarcerated worker' means an individual,
incarcerated or detained in a correctional facility operated by a
public agency or by a private entity through a contract with a public
agency, who performs labor offered or required by or through the
correctional facility, including labor associated with prison work
programs, work release programs, the UNICOR program, State prison
industries, public works programs, restitution centers, and
correctional facility operations and maintenance.''.
(2) Exception.--Section 703(a)(2) of the Civil Rights Act
of 1964 (42 U.S.C. 2000e-2(a)(2)) is amended by inserting ``,
except that a correctional facility may segregate incarcerated
workers into separate facilities by sex if necessary to
maintain privacy or institutional order'' before the period.
(3) Conforming amendment.--Section 717(a) of the Civil
Rights Act of 1964 (42 U.S.C. 2000e-16(a)) is amended by adding
at the end the following: ``This section shall not apply to a
Federal department, agency, or unit that operates, directly or
by contract, a correctional facility, with respect to
employment of persons including incarcerated workers.''.
(b) Americans With Disabilities Act of 1990; Rehabilitation Act of
1973.--
(1) In general.--Each agency that operates a correctional
facility (directly or by contract with a private entity)
shall--
(A) provide to each incarcerated worker notice of
the worker's rights under the Americans with
Disabilities Act of 1990 (42 U.S.C. 12101 et seq.) and
section 504 of the Rehabilitation Act of 1973 (29
U.S.C. 794), with respect to the correctional
facilities that the agency operates;
(B) implement policies and training to ensure
compliance with the Americans with Disabilities Act of
1990 and section 504 of the Rehabilitation Act of 1973,
with respect to those facilities;
(C) annually prepare a report that contains an
evaluation of the agency's compliance with the
Americans with Disabilities Act of 1990 and section 504
of the Rehabilitation Act of 1973, with respect to
those facilities; and
(D) submit the report described in subparagraph (C)
to the Attorney General, who shall make the report
publicly available on the website of the Department of
Justice.
(2) Noncompliance.--The Attorney General shall determine,
and implement, appropriate remedies for the failure of an
agency covered by paragraph (1) to submit a report required by
paragraph (1).
(3) Definitions.--In this section, the terms ``correctional
facility'' and ``incarcerated worker'' have the meanings given
the terms in section 701 of the Civil Rights Act of 1964 (42
U.S.C. 2000e), as amended by this Act.
<all>
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|
|
118S518
|
Correctional Facilities Occupational Safety and Health Act of 2023
|
[
[
"B001288",
"Sen. Booker, Cory A. [D-NJ]",
"sponsor"
]
] |
<p><b>Correctional Facilities Occupational Safety and Health Act of 2023</b></p> <p>This bill extends federal workplace safety and health protections to incarcerated workers. These are individuals who (1) are incarcerated or detained in a federal, state, or local correctional facility (or a private facility operating under government contract); and (2) perform work offered or required by the correctional facility, such as prison work programs or work release programs.</p> <p>States and territories that enforce their own workplace safety and health laws and standards under a plan approved by the Occupational Safety and Health Administration must include workplace protections for incarcerated workers in the plan. In addition, the Department of Labor must establish a grant program to assist states with amending their occupational safety and health laws to cover incarcerated workers and with enforcing those laws.</p> <p>Furthermore, the Bureau of Prisons must ensure that its workplace safety and health program applies to incarcerated workers in the same manner as it applies to employees of the bureau.</p> <p>Additionally, states and localities that participate in the Edward Byrne Memorial Justice Assistance Grant Program must have workplace safety and health protections for incarcerated workers that are appropriately monitored and enforced. The bill reserves a portion of the grants for recipients to use to set up workplace safety and health protections for incarcerated workers.</p> <p>The bill also requires periodic reports to Congress and the Department of Justice about the workplace and safety conditions at correctional facilities, including any potential noncompliance with relevant standards.</p>
|
<html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 518 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 518
To enhance coverage and oversight of occupational safety and health
standards in correctional facilities, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
February 16, 2023
Mr. Booker introduced the following bill; which was read twice and
referred to the Committee on the Judiciary
_______________________________________________________________________
A BILL
To enhance coverage and oversight of occupational safety and health
standards in correctional facilities, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Correctional Facilities Occupational
Safety and Health Act of 2023''.
SEC. 2. COVERAGE OF INCARCERATED WORKERS UNDER THE OCCUPATIONAL SAFETY
AND HEALTH ACT OF 1970.
(a) Definition of Correctional Facility.--Section 3 of the
Occupational Safety and Health Act of 1970 (29 U.S.C. 652) is amended
by adding at the end the following:
``(15) The term `correctional facility' has the meaning
given the term in section 901(a) Omnibus Crime Control and Safe
Streets Act of 1968 (34 U.S.C. 10251(a)).''.
(b) State Plans.--Section 18 of the Occupational Safety and Health
Act of 1970 (29 U.S.C. 667) is amended--
(1) in subsection (c)--
(A) in paragraph (6), by striking ``political
subdivisions,'' and inserting ``political subdivisions
and to all incarcerated workers,''; and
(B) in paragraph (7)--
(i) by striking ``(7) requires'' and
inserting ``(7)(A) requires''; and
(ii) by adding at the end the following:
``(B) requires the State to ensure that any public agency
of the State (or of a political subdivision of the State)
operating a correctional facility or contracting with a private
entity to operate such a facility, shall, not later than 2
years after the date of enactment of the Correctional
Facilities Occupational Safety and Health Act of 2023, and
every year thereafter, submit to the Attorney General and
Congress a report on--
``(i) the workplace safety and health conditions at
each such facility, and
``(ii) any potential noncompliance of each such
facility with the safety and health standards under the
State plan, and''; and
(2) by adding at the end the following:
``(i) Definition of Incarcerated Worker.--In this section, the term
`incarcerated worker' means an individual, incarcerated or detained in
a correctional facility operated by a public agency of a State or
political subdivision of a State (or by a private entity through a
contract with a State or political subdivision of a State), who
performs work offered or required by or through the correctional
facility, including work associated with prison work programs, work
release programs, State prison industries, public works programs,
restitution centers, correctional facility operations and maintenance,
and private entities.''.
(c) Federal Prisons.--Section 19 of the Occupational Safety and
Health Act of 1970 (29 U.S.C. 668) is amended by adding at the end the
following:
``(e) Bureau of Prisons.--
``(1) In general.--The Director of the Bureau of Prisons
shall--
``(A) ensure that the occupational safety and
health program established and maintained by the
Director under subsection (a) shall apply with respect
to incarcerated workers in the same manner as the
program applies to employees of the Bureau of Prisons;
and
``(B) agree to submit, not later than 2 years after
the date of enactment of the Correctional Facilities
Occupational Safety and Health Act of 2023, and every
year thereafter, to the Attorney General and Congress,
a report on--
``(i) the workplace safety and health
conditions at any correctional facility
operated by the Bureau of Prisons or a private
entity contracting with Bureau of Prisons;
``(ii) any injury or death of any employee
or incarcerated worker while performing labor
with respect to such facility; and
``(iii) any potential noncompliance of any
such facility of such occupational safety and
health program.
``(2) Definition of incarcerated worker.--In this section,
the term `incarcerated worker' means an individual,
incarcerated or detained in a correctional facility operated by
the Bureau of Prisons (or by a private entity through a
contract with the Bureau of Prisons), who performs work offered
or required by or through the correctional facility, including
work associated with prison work programs, work release
programs, the UNICOR program, public works programs,
restitution centers, correctional facility operations and
maintenance, and private entities.''.
SEC. 3. INCENTIVES FOR STATES TO ENACT PROTECTIONS FOR INCARCERATED
WORKERS.
Title I of the Omnibus Crime Control and Safe Streets Act of 1968
(34 U.S.C. 10101 et seq.) is amended--
(1) in section 501 (34 U.S.C. 10152), by adding at the end
the following:
``(i) Annual Report on Workplace Safety and Health Conditions.--Not
later than 2 years after the date of enactment of the Correctional
Facilities Occupational Safety and Health Act of 2023 and annually
thereafter, any State or unit of local government that receives a grant
under this section and operates a correctional facility or contracts
with a private entity to operate a correctional facility shall submit
to the Attorney General and Congress a report on--
``(1) the workplace safety and health conditions at each
such correctional facility;
``(2) any injury or death of any employee or incarcerated
worker while performing work with respect to any such
correctional facility; and
``(3) any potential noncompliance of any such correctional
facility with the occupational safety and health standards that
apply to the correctional facility.'';
(2) in section 502 (34 U.S.C. 10153)--
(A) by striking ``(A) In general'' and inserting
``(a) In general''; and
(B) in subsection (a), by adding at the end the
following:
``(7) A certification, to be verified by the Attorney
General, in consultation with the Assistant Secretary of Labor
for Occupational Safety and Health, that--
``(A) the State or unit of local government--
``(i) has provided workplace safety and
health protections for incarcerated workers in
correctional facilities, either by legislative
or executive action, that are at least as
effective in providing safe and healthful
employment and places of employment for
incarcerated workers as the comprehensive
occupational safety and health programs
established by States under section 18 of the
Occupational Safety and Health Act of 1970 (29
U.S.C. 667); or
``(ii) not later than the last day of the
fiscal year following the fiscal year to which
the application relates, will have provided the
protections described in clause (i), with the
limitation that a certification under this
clause may only be submitted one time; and
``(B) an appropriate State or local agency monitors
and enforces or will monitor or enforce, as applicable,
the safety and health protections described in
subparagraph (A)(i).'';
(3) in section 506 (34 U.S.C. 10157), by adding at the end
the following:
``(c) Of the total amount made available to carry out this subpart
for a fiscal year, the Attorney General, in consultation with the
Assistant Secretary of Labor for Occupational Safety and Health, shall
reserve not less than $20,000,000 for use by States and units of local
government to establish and implement workplace safety and health
protections for incarcerated workers in correctional facilities.''; and
(4) in section 901(a) (34 U.S.C. 10251(a))--
(A) in paragraph (27), by striking ``and'' at the
end;
(B) in paragraph (28), by striking the period at
the end and adding ``; and''; and
(C) by inserting after paragraph (28) the
following:
``(29) the term `incarcerated worker' means an individual,
incarcerated or detained in a correctional facility operated by
a State or a political subdivision of a State (or by a private
entity through a contract with a State or political subdivision
of a State), who performs work offered or required by or
through the correctional facility, including work associated
with prison work programs, work release programs, State prison
industries, public works programs, restitution centers,
correctional facility operations and maintenance, and private
entities.''.
SEC. 4. GRANTS TO ASSIST STATES IN COVERING INCARCERATED WORKERS.
(a) In General.--The Secretary of Labor shall establish a grant
program to award a grant to each State that submits an application
satisfying the requirements under subsection (b) to assist the State in
amending the occupational safety and health laws of the State to cover
incarcerated workers and to enforce those laws as appropriate through
inspections, investigations, citations, penalties, and other
enforcement mechanisms.
(b) Applications.--A State seeking a grant under this section shall
submit an application to the Secretary at such time, in such manner,
and containing such information as the Secretary may reasonably
require.
(c) Definition of Incarcerated Worker.--In this section, the term
``incarcerated worker'' has the meaning given such term in section
18(i) of the Occupational Safety and Health Act of 1970 (29 U.S.C.
667(i)).
(d) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $20,000,000 for each of fiscal
years 2024 through 2029, to remain available until expended.
<all>
</pre></body></html>
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118S519
|
A bill to prohibit individuals charged with or convicted of human trafficking or drug trafficking offenses committed near the border of the United States from receiving Federal benefits.
|
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],
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"cosponsor"
],
[
"R000605",
"Sen. Rounds, Mike [R-SD]",
"cosponsor"
]
] |
<html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 519 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 519
To prohibit individuals charged with or convicted of human trafficking
or drug trafficking offenses committed near the border of the United
States from receiving Federal benefits.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
February 16, 2023
Mrs. Blackburn (for herself, Mrs. Hyde-Smith, Mrs. Britt, Mr. Braun,
and Mr. Rounds) introduced the following bill; which was read twice and
referred to the Committee on Homeland Security and Governmental Affairs
_______________________________________________________________________
A BILL
To prohibit individuals charged with or convicted of human trafficking
or drug trafficking offenses committed near the border of the United
States from receiving Federal benefits.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. PROHIBITION ON FEDERAL BENEFITS FOR HUMAN TRAFFICKERS AND
DRUG TRAFFICKERS.
(a) Definitions.--In this section--
(1) the term ``covered trafficking offense'' means a human
trafficking offense or a drug trafficking offense for which any
portion of the course of conduct constituting the human
trafficking offense or drug trafficking offense occurred at an
international border of the United States or within the
territorial waters of the United States;
(2) the term ``drug trafficking offense'' means any Federal
offense that includes as an element of the offense the
distribution of a controlled substance (as defined in section
102 of the Controlled Substances Act (21 U.S.C. 802));
(3) the term ``Federal benefit''--
(A) means the issuance of any grant, contract,
loan, professional license, or commercial license
provided by an agency of the United States or by
appropriated funds of the United States; and
(B) includes any retirement, welfare, Social
Security, health, disability, veterans, public housing,
or other similar benefit; and
(4) the term ``human trafficking offense'' means an offense
under--
(A) section 1581, 1583, 1584, 1589, 1590, 1591,
2251A, 2421, 2422, or 2423 of title 18, United States
Code; or
(B) section 274(a) of the Immigration and
Nationality Act (8 U.S.C. 1324(a)).
(b) Prohibition on Benefits.--An individual who is indicted for,
charged in an information with, or convicted of a covered trafficking
offense shall be ineligible for any Federal benefit.
(c) Termination of Prohibition for Individuals Not Convicted.--If,
for each covered trafficking offense with which an individual is
charged, the charge is dismissed or the individual is found not guilty
of the covered trafficking offense--
(1) the ineligibility of the individual for any Federal
benefit under subsection (b) shall terminate; and
(2) the Federal Government shall pay to the individual any
pecuniary Federal benefit that was not paid to the individual
because the individual was ineligible for the Federal benefit
under subsection (b).
<all>
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|
118S52
|
American Beef Labeling Act of 2023
|
[
[
"T000250",
"Sen. Thune, John [R-SD]",
"sponsor"
],
[
"T000464",
"Sen. Tester, Jon [D-MT]",
"cosponsor"
],
[
"R000605",
"Sen. Rounds, Mike [R-SD]",
"cosponsor"
],
[
"B001288",
"Sen. Booker, Cory A. [D-NJ]",
"cosponsor"
],
[
"L000571",
"Sen. Lummis, Cynthia M. [R-WY]",
"cosponsor"
],
[
"G000555",
"Sen. Gillibrand, Kirsten E. [D-NY]",
"cosponsor"
]
] |
<p><strong>American Beef Labeling Act of 202</strong><b>3</b></p> <p>This bill reinstates mandatory country-of-origin labeling requirements for beef.</p> <p>Specifically, the bill requires the Office of the U.S. Trade Representative (USTR) to develop a means of reinstating the requirements that complies with the rules of the World Trade Organization. The USTR and the Department of Agriculture must implement the means within one year.</p>
|
<html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 52 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 52
To amend the Agricultural Marketing Act of 1946 to establish country of
origin labeling requirements for beef, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
January 24 (legislative day, January 3), 2023
Mr. Thune (for himself, Mr. Tester, Mr. Rounds, Mr. Booker, Ms. Lummis,
and Mrs. Gillibrand) introduced the following bill; which was read
twice and referred to the Committee on Agriculture, Nutrition, and
Forestry
_______________________________________________________________________
A BILL
To amend the Agricultural Marketing Act of 1946 to establish country of
origin labeling requirements for beef, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``American Beef Labeling Act of
2023''.
SEC. 2. COUNTRY OF ORIGIN LABELING FOR BEEF.
(a) Definitions.--Section 281 of the Agricultural Marketing Act of
1946 (7 U.S.C. 1638) is amended--
(1) by redesignating paragraphs (1) through (7) as
paragraphs (2) through (8), respectively;
(2) by inserting before paragraph (2) (as so redesignated)
the following:
``(1) Beef.--The term `beef' means meat produced from
cattle (including veal).''; and
(3) in subparagraph (A) of paragraph (2) (as so
redesignated)--
(A) in clause (i), by inserting ``, beef,'' after
``lamb''; and
(B) in clause (ii), by inserting ``, ground beef,''
after ``lamb''.
(b) Notice of Country of Origin.--Section 282(a)(2) of the
Agricultural Marketing Act of 1946 (7 U.S.C. 1638a(a)(2)) is amended--
(1) in the paragraph heading, by inserting ``beef,'' after
``for'';
(2) in each of subparagraphs (A) through (D), by inserting
``beef,'' before ``lamb'' each place it appears; and
(3) in subparagraph (E)--
(A) in the subparagraph heading, by inserting
``beef,'' after ``Ground''; and
(B) by inserting ``ground beef,'' before ``ground
lamb'' each place it appears.
(c) Means of Reinstating MCOOL for Beef.--
(1) Determination of means.--Not later than 180 days after
the date of enactment of this Act, the United States Trade
Representative, in consultation with the Secretary of
Agriculture, shall determine a means of reinstating mandatory
country of origin labeling for beef in accordance with the
amendments made by subsections (a) and (b) that is in
compliance with all applicable rules of the World Trade
Organization.
(2) Implementation of means.--Not later than 1 year after
the date of enactment of this Act, the United States Trade
Representative and the Secretary of Agriculture shall implement
the means determined under paragraph (1).
(d) Effective Date.--The amendments made by subsections (a) and (b)
take effect on the earlier of--
(1) the date on which the Secretary of Agriculture
publishes a determination in the Federal Register that the
means determined under paragraph (1) of subsection (c) have
been implemented under paragraph (2) of that subsection; and
(2) the date that is 1 year after the date of enactment of
this Act.
<all>
</pre></body></html>
|
[
"Agriculture and Food"
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118S520
|
No CCP (Chinese Communist Police) in the United States Act of 2023
|
[
[
"S001217",
"Sen. Scott, Rick [R-FL]",
"sponsor"
],
[
"T000476",
"Sen. Tillis, Thomas [R-NC]",
"cosponsor"
],
[
"B001310",
"Sen. Braun, Mike [R-IN]",
"cosponsor"
]
] |
<html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 520 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 520
To provide for greater transparency about China's bilateral security
agreements and joint police initiatives, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
February 16, 2023
Mr. Scott of Florida (for himself, Mr. Tillis, and Mr. Braun)
introduced the following bill; which was read twice and referred to the
Committee on Foreign Relations
_______________________________________________________________________
A BILL
To provide for greater transparency about China's bilateral security
agreements and joint police initiatives, and for other purposes.
Be it enacted by the Senate 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 CCP (Chinese Communist Police) in
the United States Act of 2023''.
SEC. 2. TRANSPARENCY REGARDING CHINESE BILATERAL SECURITY AGREEMENTS
AND JOINT POLICE INITIATIVES.
(a) Department of State Publication.--The Secretary of State, in
coordination with the Director of the Federal Bureau of Investigation,
shall publish on the Department of State website and any other travel
alert system operated by the Department of State a list of all
countries that have a bilateral security agreement or joint police
initiative with the Government of the People's Republic of China or the
Chinese Communist Party. The Secretary shall update the list not less
frequently than every 6 months.
(b) FBI Briefing.--The Director of the Federal Bureau of
Investigation shall provide an annual briefing to the appropriate
congressional committees on the People's Republic of China's widespread
presence internationally through bilateral security agreements and
joint police initiatives.
SEC. 3. NOTIFICATION OF STATE AND LOCAL LAW ENFORCEMENT, PUBLIC, AND
CONGRESS REGARDING CHINESE POLICE STATIONS.
If the Federal Bureau of Investigation discovers a police station
operated by the People's Republic of China or the Chinese Communist
Party within the United States, the Director of the Bureau shall--
(1) not later than 24 hours after the discovery, notify the
applicable State and local law enforcement agencies;
(2) not later than 72 hours after the discovery, notify the
public through a law enforcement bulletin; and
(3)(A) not later than 15 days after the discovery, provide
a briefing to the appropriate congressional committees; and
(B) after the briefing under subparagraph (A), provide the
appropriate congressional committees with a situational update
not less frequently than once every 60 days.
SEC. 4. APPROPRIATE CONGRESSIONAL COMMITTEES DEFINED.
In this Act, the term ``appropriate congressional committees''
means--
(1) the Committee on Homeland Security and Governmental
Affairs and the Committee on the Judiciary of the Senate; and
(2) the Committee on Homeland Security and the Committee on
the Judiciary of the House of Representatives.
<all>
</pre></body></html>
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118S521
|
Lumbee Fairness Act
|
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"Sen. Budd, Ted [R-NC]",
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]
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<p><b>Lumbee Fairness Act</b></p> <p>This bill extends federal recognition to the Lumbee Tribe of North Carolina and makes its members eligible for the services and benefits provided to members of federally recognized tribes. </p> <p>Members of the tribe residing in Robeson, Cumberland, Hoke, and Scotland Counties in North Carolina are deemed to be within the delivery area for such services.</p> <p>The Department of the Interior and the Department of Health and Human Services must develop, in consultation with the tribe, a determination of needs to provide the services for which members of the tribe are eligible.</p> <p>Interior may take land into trust for the benefit of the tribe.</p> <p>Finally, North Carolina must exercise jurisdiction over all criminal offenses committed, and all civil actions that arise, on North Carolina lands owned by, or held in trust for, the Lumbee Tribe or any dependent Indian community of the tribe unless jurisdiction is transferred to the United States pursuant to an agreement between the tribe and the state.</p>
|
<html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 521 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 521
To amend the Lumbee Act of 1956.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
February 16, 2023
Mr. Tillis (for himself and Mr. Budd) introduced the following bill;
which was read twice and referred to the Committee on Indian Affairs
_______________________________________________________________________
A BILL
To amend the Lumbee Act of 1956.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Lumbee Fairness Act''.
SEC. 2. FEDERAL RECOGNITION.
The Act of June 7, 1956 (70 Stat. 254, chapter 375), is amended--
(1) by striking section 2;
(2) in the first sentence of the first section, by striking
``That the Indians'' and inserting the following:
``SEC. 3. DESIGNATION OF LUMBEE INDIANS.
``The Indians'';
(3) in the preamble--
(A) by inserting before the first undesignated
clause the following:
``SECTION 1. FINDINGS.
``Congress finds that--'';
(B) by designating the undesignated clauses as
paragraphs (1) through (4), respectively, and indenting
appropriately;
(C) by striking ``Whereas'' each place it appears;
(D) by striking ``and'' after the semicolon at the
end of each of paragraphs (1) and (2) (as so
designated); and
(E) in paragraph (4) (as so designated), by
striking ``: Now, therefore,'' and inserting a period;
(4) by moving the enacting clause so as to appear before
section 1 (as so designated);
(5) by striking the last sentence of section 3 (as
designated by paragraph (2));
(6) by inserting before section 3 (as designated by
paragraph (2)) the following:
``SEC. 2. DEFINITIONS.
``In this Act:
``(1) Secretary.--The term `Secretary' means the Secretary
of the Interior.
``(2) Tribe.--The term `Tribe' means the Lumbee Tribe of
North Carolina or the Lumbee Indians of North Carolina.''; and
(7) by adding at the end the following:
``SEC. 4. FEDERAL RECOGNITION.
``(a) In General.--Federal recognition is extended to the Tribe (as
designated as petitioner number 65 by the Office of Federal
Acknowledgment).
``(b) Applicability of Laws.--All laws and regulations of the
United States of general application to Indians and Indian tribes shall
apply to the Tribe and its members.
``(c) Petition for Acknowledgment.--Notwithstanding section 3, any
group of Indians in Robeson and adjoining counties, North Carolina,
whose members are not enrolled in the Tribe (as determined under
section 5(d)) may petition under part 83 of title 25 of the Code of
Federal Regulations for acknowledgment of tribal existence.
``SEC. 5. ELIGIBILITY FOR FEDERAL SERVICES.
``(a) In General.--The Tribe and its members shall be eligible for
all services and benefits provided by the Federal Government to
federally recognized Indian tribes.
``(b) Service Area.--For the purpose of the delivery of Federal
services and benefits described in subsection (a), those members of the
Tribe residing in Robeson, Cumberland, Hoke, and Scotland counties in
North Carolina shall be deemed to be residing on or near an Indian
reservation.
``(c) Determination of Needs.--On verification by the Secretary of
a tribal roll under subsection (d), the Secretary and the Secretary of
Health and Human Services shall--
``(1) develop, in consultation with the Tribe, a
determination of needs to provide the services for which
members of the Tribe are eligible; and
``(2) after the tribal roll is verified, each submit to
Congress a written statement of those needs.
``(d) Tribal Roll.--
``(1) In general.--For purpose of the delivery of Federal
services and benefits described in subsection (a), the tribal
roll in effect on the date of enactment of this section shall,
subject to verification by the Secretary, define the service
population of the Tribe.
``(2) Verification limitation and deadline.--The
verification by the Secretary under paragraph (1) shall--
``(A) be limited to confirming documentary proof of
compliance with the membership criteria set out in the
constitution of the Tribe adopted on November 16, 2001;
and
``(B) be completed not later than 2 years after the
submission of a digitized roll with supporting
documentary proof by the Tribe to the Secretary.
``SEC. 6. AUTHORIZATION TO TAKE LAND INTO TRUST.
``(a) In General.--Notwithstanding any other provision of law, the
Secretary is hereby authorized to take land into trust for the benefit
of the Tribe.
``(b) Treatment of Certain Land.--An application to take into trust
land located within Robeson County, North Carolina, under this section
shall be treated by the Secretary as an `on reservation' trust
acquisition under part 151 of title 25, Code of Federal Regulations (or
a successor regulation).
``SEC. 7. JURISDICTION OF STATE OF NORTH CAROLINA.
``(a) In General.--With respect to land located within the State of
North Carolina that is owned by, or held in trust by the United States
for the benefit of, the Tribe, or any dependent Indian community of the
Tribe, the State of North Carolina shall exercise jurisdiction over--
``(1) all criminal offenses that are committed; and
``(2) all civil actions that arise.
``(b) Transfer of Jurisdiction.--
``(1) In general.--Subject to paragraph (2), the Secretary
may accept on behalf of the United States, after consulting
with the Attorney General of the United States, any transfer by
the State of North Carolina to the United States of any portion
of the jurisdiction of the State of North Carolina described in
subsection (a) over Indian country occupied by the Tribe
pursuant to an agreement between the Tribe and the State of
North Carolina.
``(2) Restriction.--A transfer of jurisdiction described in
paragraph (1) may not take effect until 2 years after the
effective date of the agreement described in that paragraph.
``(c) Effect.--Nothing in this section affects the application of
section 109 of the Indian Child Welfare Act of 1978 (25 U.S.C. 1919).
``SEC. 8. AUTHORIZATION OF APPROPRIATIONS.
``There are authorized to be appropriated such sums as are
necessary to carry out this Act.''.
<all>
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118S522
|
SMART Cocaine Sentencing Act
|
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"cosponsor"
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"cosponsor"
],
[
"G000359",
"Sen. Graham, Lindsey [R-SC]",
"cosponsor"
]
] |
<html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 522 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 522
To establish appropriate penalties for cocaine-related offenses, and
for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
February 16, 2023
Mr. Grassley (for himself, Mr. Lee, Mr. Wicker, and Mr. Graham)
introduced the following bill; which was read twice and referred to the
Committee on the Judiciary
_______________________________________________________________________
A BILL
To establish appropriate penalties for cocaine-related offenses, and
for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Start Making Adjustments and Require
Transparency in Cocaine Sentencing Act'' or the ``SMART Cocaine
Sentencing Act''.
SEC. 2. PENALTIES FOR COCAINE-RELATED OFFENSES.
(a) In General.--
(1) Controlled substances act.--Section 401(b)(1) of the
Controlled Substances Act (21 U.S.C. 841(b)(1)) is amended--
(A) in subparagraph (A)--
(i) in clause (ii), in the matter preceding
subclause (I), by striking ``5 kilograms'' and
inserting ``4 kilograms''; and
(ii) in clause (iii), by striking ``280
grams'' and inserting ``1,600 grams''; and
(B) in subparagraph (B)--
(i) in clause (ii), in the matter preceding
subclause (I), by striking ``500 grams'' and
inserting ``400 grams''; and
(ii) in clause (iii), by striking ``28
grams'' and inserting ``160 grams''.
(2) Controlled substances import and export act.--Section
1010(b) of the Controlled Substances Import and Export Act (21
U.S.C. 960(b)) is amended--
(A) in paragraph (1)--
(i) in subparagraph (B), in the matter
preceding clause (i), by striking ``5
kilograms'' and inserting ``4 kilograms'';
(ii) in subparagraph (C), by striking ``280
grams'' and inserting ``1,600 grams''; and
(iii) in subparagraph (H), by striking the
period at the end and inserting a semicolon;
and
(B) in paragraph (2)--
(i) in subparagraph (B), in the matter
preceding clause (i), by striking ``500 grams''
and inserting ``400 grams'';
(ii) in subparagraph (C), by striking ``28
grams'' and inserting ``160 grams''; and
(iii) in subparagraph (H), by striking the
period at the end and inserting a semicolon.
(b) Attorney General Certification.--
(1) In general.--For a defendant sentenced before the date
of enactment of this Act, the Attorney General shall submit to
the court that sentenced the defendant a certification
regarding whether, in the opinion of the Attorney General, the
sentence of the defendant should be reduced, as if the
amendments made by subsection (a) were in effect at the time
the offense was committed. In making a certification under this
paragraph, the Attorney General shall consider the factors in
section 3553(a) of title 18, United States Code.
(2) Resentencing.--If the Attorney General submits a
certification under paragraph (1) indicating that, in the
opinion of the Attorney General, the sentence of the defendant
should be reduced, as if the amendments made by subsection (a)
were in effect at the time the offense was committed, the court
that imposed the sentence of the defendant may impose such a
reduced sentence.
SEC. 3. FEDERAL RESEARCH.
(a) In General.--Not later than 1 year after the date of enactment
of this Act, the Attorney General, in coordination with the
Administrator of the Drug Enforcement Administration and the Secretary
of Health and Human Services, shall review and submit to the Committee
on the Judiciary and the Committee on Health, Education, Labor, and
Pensions of the Senate and the Committee on the Judiciary and the
Committee on Energy and Commerce of the House of Representatives a
report on--
(1) the average individual dosage amount of both powder
cocaine and cocaine base;
(2) the lethality of both powder cocaine and cocaine base
as measured by individual dosage;
(3) the impact on lethality that polysubstance use,
specifically as to synthetic drugs such as fentanyl and
fentanyl-related substances, has on both powder cocaine and
cocaine base users;
(4) the addictiveness of both powder cocaine and cocaine
base;
(5) the violence attributed to or associated with both
powder cocaine and cocaine base, which may include but is not
limited to, criminal charges, statutory enhancements, criminal
history, and recidivism data; and
(6) the impact on addictiveness that polysubstance use,
specifically as to synthetic drugs such as fentanyl and
fentanyl-related substances, has on both powder cocaine and
cocaine base users.
(b) Report by United States Sentencing Commission.--
(1) In general.--Not later than 1 year after the date of
enactment of this Act, the United States Sentencing Commission
shall submit to Congress and publicly issue a report regarding
cocaine offenses and offenders.
(2) Contents.--The report under paragraph (1) shall
include--
(A) an analysis of data available to the Commission
on Federal cocaine offenses and offenders;
(B) an updated description of the forms of cocaine,
methods of use, effects, dependency potential, effects
of prenatal exposure, and prevalence of cocaine use;
(C) an updated description of trends in cocaine
trafficking patterns, price, and use;
(D) a review of State sentencing policies and an
examination of the interaction of State penalties with
Federal prosecutorial decisions;
(E) a review of recent Federal case law
developments relating to Federal cocaine sentencing;
and
(F) recommendations to Congress.
<all>
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118S523
|
Freedom to Invest in a Sustainable Future Act
|
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] |
<html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 523 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 523
To amend the Employee Retirement Income Security Act of 1974 to permit
retirement plans to consider certain factors in investment decisions.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
February 16, 2023
Ms. Smith (for herself, Mrs. Murray, Mrs. Feinstein, Mr. Blumenthal,
Mr. Durbin, Ms. Warren, Mr. Sanders, Mr. Wyden, and Mr. Markey)
introduced the following bill; which was read twice and referred to the
Committee on Health, Education, Labor, and Pensions
_______________________________________________________________________
A BILL
To amend the Employee Retirement Income Security Act of 1974 to permit
retirement plans to consider certain factors in investment decisions.
Be it enacted by the Senate 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 Invest in a Sustainable
Future Act''.
SEC. 2. ERISA AMENDMENTS.
Subsection (a) of section 404 of the Employee Retirement Income
Security Act of 1974 (29 U.S.C. 1104) is amended by adding at the end
the following new paragraph:
``(3)(A) Provided that a fiduciary discharges the fiduciary's
duties with respect to a plan in a manner otherwise consistent with
this subsection, a fiduciary may--
``(i) consider environmental, social, governance, or
similar factors, in connection with carrying out an investment
decision, strategy, or objective, or other fiduciary act; and
``(ii) consider collateral environmental, social,
governance, or similar factors as tie-breakers when competing
investments can reasonably be expected to serve the plan's
economic interests equally well with respect to expected return
and risk over the appropriate time horizon.
``(B) In a case described in clause (i) or (ii) of subparagraph
(A), a fiduciary shall not be required to maintain any greater
documentation, substantiation, or other justification of the
fiduciary's actions relating to such fiduciary act than is otherwise
required under this part.
``(C) Nothing in this part shall preclude an investment selected in
accordance with clause (i) or (ii) of subparagraph (A) from being
treated as a default investment or a component of such a default
investment (as described in regulations issued by the Secretary under
subsection (c)(5)(A)), if such investment would otherwise qualify for
such treatment under such regulations.''.
<all>
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|
118S524
|
EQUAL Act
|
[
[
"B001288",
"Sen. Booker, Cory A. [D-NJ]",
"sponsor"
],
[
"G000359",
"Sen. Graham, Lindsey [R-SC]",
"cosponsor"
],
[
"D000563",
"Sen. Durbin, Richard J. [D-IL]",
"cosponsor"
],
[
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"Sen. Tillis, Thomas [R-NC]",
"cosponsor"
],
[
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"cosponsor"
],
[
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"Sen. Lummis, Cynthia M. [R-WY]",
"cosponsor"
],
[
"W000802",
"Sen. Whitehouse, Sheldon [D-RI]",
"cosponsor"
],
[
"P000603",
"Sen. Paul, Rand [R-KY]",
"cosponsor"
],
[
"K000367",
"Sen. Klobuchar, Amy [D-MN]",
"cosponsor"
],
[
"C001035",
"Sen. Collins, Susan M. [R-ME]",
"cosponsor"
]
] |
<p><strong>Eliminating a Quantifiably Unjust Application of the Law Act or the EQUAL Act</strong></p> <p>This bill eliminates the federal sentencing disparity between drug offenses involving crack cocaine and powder cocaine. </p> <p>Currently, different threshold quantities of crack cocaine and powder cocaine (e.g., 28 grams of crack cocaine and 500 grams of powder cocaine) trigger the same statutory criminal penalties.</p> <p>This bill eliminates the lower quantity thresholds for crack cocaine offenses. Under the bill, the same threshold quantities of crack cocaine and powder cocaine trigger the same statutory criminal penalties. </p> <p>The change applies to future cases and cases pending on the date of enactment. With respect to past cases, the bill authorizes resentencing of a defendant who was convicted or sentenced for a crack cocaine offense before the date of enactment. </p>
|
<html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 524 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 524
To eliminate the disparity in sentencing for cocaine offenses, and for
other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
February 16, 2023
Mr. Booker (for himself, Mr. Graham, Mr. Durbin, Mr. Tillis, Mr. Coons,
Ms. Lummis, Mr. Whitehouse, and Mr. Paul) introduced the following
bill; which was read twice and referred to the Committee on the
Judiciary
_______________________________________________________________________
A BILL
To eliminate the disparity in sentencing for cocaine offenses, and for
other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Eliminating a Quantifiably Unjust
Application of the Law Act'' or the ``EQUAL Act''.
SEC. 2. ELIMINATION OF INCREASED PENALTIES FOR COCAINE OFFENSES WHERE
THE COCAINE INVOLVED IS COCAINE BASE.
(a) Controlled Substances Act.--The following provisions of the
Controlled Substances Act (21 U.S.C. 801 et seq.) are repealed:
(1) Clause (iii) of section 401(b)(1)(A) (21 U.S.C.
841(b)(1)(A)).
(2) Clause (iii) of section 401(b)(1)(B) (21 U.S.C.
841(b)(1)(B)).
(b) Controlled Substances Import and Export Act.--The following
provisions of the Controlled Substances Import and Export Act (21
U.S.C. 951 et seq.) are repealed:
(1) Subparagraph (C) of section 1010(b)(1) (21 U.S.C.
960(b)(1)).
(2) Subparagraph (C) of section 1010(b)(2) (21 U.S.C.
960(b)(2)).
(c) Applicability to Pending and Past Cases.--
(1) Pending cases.--This section, and the amendments made
by this section, shall apply to any sentence imposed after the
date of enactment of this Act, regardless of when the offense
was committed.
(2) Past cases.--In the case of a defendant who, before the
date of enactment of this Act, was convicted or sentenced for a
Federal offense involving cocaine base, the sentencing court
may, on motion of the defendant, the Bureau of Prisons, the
attorney for the Government, or on its own motion, impose a
reduced sentence after considering the factors set forth in
section 3553(a) of title 18, United States Code.
<all>
</pre></body></html>
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|
118S525
|
Families Fly Together Act of 2023
|
[
[
"M000133",
"Sen. Markey, Edward J. [D-MA]",
"sponsor"
],
[
"S000148",
"Sen. Schumer, Charles E. [D-NY]",
"cosponsor"
],
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"cosponsor"
],
[
"B001277",
"Sen. Blumenthal, Richard [D-CT]",
"cosponsor"
]
] |
<p><b>Families Fly Together Act of 2023 </b></p> <p>This bill requires all air carriers that provide air transportation to ensure children age 13 and under are seated adjacent to their family members on flights without mandating extra fees.</p> <p>Additionally, the Department of Transportation must investigate and publish data regarding violations of the requirement.</p>
|
<html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 525 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 525
To amend title 49, United States Code, to ensure that a child can sit
next to a family member on a flight at no additional cost.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
February 16, 2023
Mr. Markey (for himself, Mr. Schumer, Ms. Klobuchar, and Mr.
Blumenthal) introduced the following bill; which was read twice and
referred to the Committee on Commerce, Science, and Transportation
_______________________________________________________________________
A BILL
To amend title 49, United States Code, to ensure that a child can sit
next to a family member on a flight at no additional cost.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Families Fly Together Act of 2023''.
SEC. 2. ENSURING THAT A CHILD CAN SIT NEXT TO A FAMILY MEMBER ON A
FLIGHT AT NO ADDITIONAL COST.
(a) In General.--Subchapter I of chapter 417 of title 49, United
States Code, is amended by adding at the end the following:
``Sec. 41727. Ensuring that a child can sit next to a family member on
a flight at no additional cost
``(a) In General.--Beginning on the date that is 6 months after the
date of enactment of this section, each air carrier providing air
transportation shall ensure that a child, who is age 13 or under on the
date the flight is scheduled to occur, is able to be seated in a seat
adjacent to the seat of an accompanying family member at no additional
cost to the base fare price.
``(b) Investigations of Complaints.--
``(1) In general.--The Secretary of Transportation shall
investigate each complaint of a violation of the requirement
under subsection (a).
``(2) Publication of data.--The Secretary of Transportation
shall publish data on complaints of violations of the
requirement under subsection (a) in a manner comparable to
other consumer complaint data.
``(c) Family Member.--For purposes of subsection (a), the term
`family member' means, with respect to a child described in such
subsection, an individual who is--
``(1) 16 years of age or older; and
``(2) responsible for accompanying such child, including a
parent or legal guardian of such child.''.
(b) Clerical Amendment.--The analysis for chapter 417 of such title
is amended by inserting after the item relating to section 41726 the
following:
``41727. Ensuring that a child can sit next to a family member on a
flight at no additional cost.''.
<all>
</pre></body></html>
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[
"Transportation and Public Works"
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118S526
|
BENEFIT Act of 2023
|
[
[
"W000437",
"Sen. Wicker, Roger F. [R-MS]",
"sponsor"
],
[
"K000367",
"Sen. Klobuchar, Amy [D-MN]",
"cosponsor"
],
[
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"cosponsor"
],
[
"B001310",
"Sen. Braun, Mike [R-IN]",
"cosponsor"
]
] |
<html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 526 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 526
To strengthen the use of patient-experience data within the benefit-
risk framework for approval of new drugs.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
February 16, 2023
Mr. Wicker (for himself and Ms. Klobuchar) introduced the following
bill; which was read twice and referred to the Committee on Health,
Education, Labor, and Pensions
_______________________________________________________________________
A BILL
To strengthen the use of patient-experience data within the benefit-
risk framework for approval of new drugs.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Better Empowerment Now to Enhance
Framework and Improve Treatments Act of 2023'' or the ``BENEFIT Act of
2023''.
SEC. 2. STRENGTHENING THE USE OF PATIENT-EXPERIENCE DATA WITHIN RISK-
BENEFIT FRAMEWORK.
Section 569C of the Federal Food, Drug, and Cosmetic Act (21 U.S.C.
360bbb-8c) is amended--
(1) in subsection (a)(1)--
(A) in subparagraph (A), by striking ``; and'' and
inserting a semicolon;
(B) in subparagraph (B), by striking the period and
inserting ``; and''; and
(C) by adding at the end the following:
``(C) as part of the risk-benefit assessment
framework in the new drug approval process described in
section 505(d), considering patient experience data
submitted by the medical product sponsor or another
party.''; and
(2) in subsection (b)(1), by inserting ``, including a
description of how such data and information were considered in
the risk-benefit assessment described in section 505(d)''
before the period at the end.
<all>
</pre></body></html>
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|
118S527
|
African Burial Ground International Memorial Museum and Educational Center Act
|
[
[
"G000555",
"Sen. Gillibrand, Kirsten E. [D-NY]",
"sponsor"
]
] |
<p><b>African Burial Ground International Memorial Museum and Educational Center Act</b></p> <p> This bill establishes the African Burial Ground International Memorial Museum and Educational Center at the African Burial Ground National Monument in New York, New York.</p> <p> The National Park Service shall (1) acquire for the museum property that is located adjacent to the national monument or in any other area of the African Burial Ground National Historic Landmark in the city other than the location adjacent to the monument, and (2) construct the museum on the acquired property. </p> <p>The bill establishes within the Department of the Interior the African Burial Ground Advisory Council to (1) make recommendations on the construction of the museum, and (2) advise and assist Interior on all matters relating to the operation and preservation of the museum.</p>
|
<html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 527 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 527
To establish the African Burial Ground International Memorial Museum
and Educational Center in New York, New York, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
February 27, 2023
Mrs. Gillibrand introduced the following bill; which was read twice and
referred to the Committee on Energy and Natural Resources
_______________________________________________________________________
A BILL
To establish the African Burial Ground International Memorial Museum
and Educational Center in New York, New York, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``African Burial Ground International
Memorial Museum and Educational Center Act''.
SEC. 2. FINDINGS.
Congress finds that--
(1) the African Burial Ground National Historic Landmark in
New York, New York, holds the remains of up to 20,000 enslaved
Africans and early-generation African Americans from the
colonial era;
(2) the Africans and African Americans that suffered under
slavery show us the strength of the human character and provide
us with a model of courage, commitment, and perseverance;
(3) as President George W. Bush stated on July 8, 2003,
during his remarks at Goree Island, Senegal: ``For 250 years
the captives endured an assault on their culture and their
dignity. The spirit of Africans in America did not break. . . .
All the generations of oppression under the laws of man could
not crush the hope of freedom and defeat the purposes of
God.'';
(4) on February 27, 2006, President George W. Bush
established the National Monument, which was comprised of the
approximately 15,000-square foot parcel of the National
Historic Landmark that was bounded by Duane and Elk Streets in
Lower Manhattan;
(5) an international memorial museum facility dedicated to
those individuals who suffered the grave injustice of slavery
in the United States, while at the same time helping to build
the country, would--
(A) reflect the significance of the African Burial
Ground; and
(B) help the people of the United States understand
the past and honor the history of all people in the
United States;
(6) in 1998, the Secretary of the Smithsonian Institution--
(A) stated that the African Burial Ground affords
the perfect opportunity to gain insight into--
(i) the institution of slavery, as
practiced in urban, rural, northern, and
southern parts of the United States; and
(ii) the international slave trade; and
(B) proposed that a partnership be formed among the
Smithsonian, the National Park Service, and the General
Services Administration to further develop the African
Burial Ground;
(7) the National Museum of African American History and
Culture Act (20 U.S.C. 80r et seq.), which authorized
construction of a museum in Washington, DC, identified the
period of slavery as one of the periods of the African-American
diaspora that would be encompassed by the museum;
(8) the African Burial Ground--
(A) is unlike any other anthropological and
symbolic site in the United States or the world;
(B) includes DNA samples from the remarkably well-
preserved human remains that will enable researchers to
trace the home ``roots'' in Africa of those individuals
buried at the African Burial Ground; and
(C) provides a fitting location for a national
memorial facility, relating to the National Museum of
African American History and Culture that would--
(i) pay special tribute to--
(I) the thousands of enslaved
individuals who are buried at the
African Burial Ground; and
(II) all of the individuals who
were enslaved during the history of the
United States;
(ii) examine the African cultural
traditions brought to the United States by the
enslaved; and
(iii) explore in-depth the institution of
slavery;
(9) a memorial museum at the site of the African Burial
Ground--
(A) was first recommended by a Federal steering
committee in 1992; and
(B) in conjunction with the World Trade Center
memorial and other nearby sites, would attract millions
of visitors from the United States and abroad, making a
substantial contribution to the development and
revitalization of Lower Manhattan in response to the
attacks on the World Trade Center of September 11,
2001;
(10) Public Law 99-511 (100 Stat. 2080) encouraged support
for the establishment of a commemorative structure within the
National Park System or on other Federal land that is dedicated
to the promotion of understanding, knowledge, opportunity, and
equality for all people;
(11) similar to the National Museum of the Native American
that was established by section 3(a) of the National Museum of
the American Indian Act (20 U.S.C. 80q-1(a)), a memorial museum
at the site of the African Burial Ground would benefit from a
partnership among--
(A) the Federal Government;
(B) the State of New York;
(C) the city of New York; and
(D) members of the private sector;
(12) the African Burial Ground--
(A) has been determined to be nationally
significant as--
(i) a National Historic Landmark; and
(ii) a National Monument; and
(B) provides an important opportunity for
interpretation, understanding, partnership, and pride;
and
(13) the National Park Service--
(A) has played an important role in the development
of the African Burial Ground (including the designation
of the African Burial Ground as a National Monument);
(B) successfully operates other national facilities
in the city of New York that symbolize freedom and the
quest for freedom in America, including--
(i) the Statue of Liberty National
Monument; and
(ii) the Ellis Island National Monument;
(C) provided key support to the Presidential Study
Commission for the National Museum of African American
History and Culture; and
(D) is well-suited to assume a leadership role with
respect to the creation of the Museum.
SEC. 3. DEFINITIONS.
In this Act:
(1) Administrator.--The term ``Administrator'' means the
Administrator of the General Services Administration.
(2) Advisory council.--The term ``Advisory Council'' means
the African Burial Ground Advisory Council established by
section 7(a).
(3) City.--The term ``City'' means the city of New York,
New York.
(4) Expansion property.--The term ``expansion property''
means the property that is acquired by the Secretary under
section 5(a).
(5) Museum.--The term ``Museum'' means the African Burial
Ground International Memorial Museum and Educational Center
established by section 4(a).
(6) National landmark.--The term ``National Landmark''
means the African Burial Ground National Historic Landmark in
the City.
(7) National monument.--The term ``National Monument''
means the African Burial Ground National Monument in the City.
(8) Secretary.--The term ``Secretary'' means the Secretary
of the Interior, acting through the Director of the National
Park Service.
(9) State.--The term ``State'' means the State of New York.
SEC. 4. ESTABLISHMENT OF MUSEUM.
(a) Establishment.--There is established at the National Monument a
memorial museum and educational center, to be known as the ``African
Burial Ground International Memorial Museum and Educational Center''.
(b) Purposes.--The purposes of the Museum are--
(1) to serve as a permanent living memorial--
(A) to the enslaved who are buried at the African
Burial Ground; and
(B) to other Africans and African Americans who
were enslaved;
(2) to examine the African cultural traditions brought to
the United States by the enslaved;
(3) to explore in-depth the institution of slavery in the
United States and other parts of the world;
(4) to provide a space for--
(A) permanent and temporary exhibits; and
(B) the collection and study of artifacts and
documents; and
(5) to encourage collaboration between the Museum and the
National Museum of African American History and Culture, other
museums, historically Black colleges and universities,
historical societies, educational institutions, and other
appropriate entities and organizations, including collaboration
with respect to--
(A) the development of cooperative programs and
exhibitions, including through digital, electronic, and
interactive technologies;
(B) the identification, management, and care of
Museum collections; and
(C) the training of Museum and National Park
Service professionals and other persons concerned with
heritage preservation.
(c) Association With National Museum.--The Museum shall become
associated with the National Museum of African American History and
Culture, in a manner to be determined by the Secretary, in consultation
with the Advisory Council and the Board of Regents of the Smithsonian
Institution.
SEC. 5. SITE ACQUISITION AND DEVELOPMENT.
(a) In General.--The Secretary, in consultation with the
Administrator, the Secretary of the Smithsonian Institution, the City,
the State, and the Advisory Council, shall--
(1) acquire for the Museum property that is located--
(A) adjacent to the National Monument; or
(B) in any other area of the National Landmark
other than the location described in subparagraph (A);
and
(2) plan, design, and construct the Museum on the property
acquired under paragraph (1).
(b) Federal Share.--The Secretary shall pay \2/3\ of the total
costs of--
(1) acquiring property for the Museum; and
(2) planning, designing, constructing, reconstructing, and
renovating, as applicable, the Museum.
(c) Contracting Authority.--
(1) In general.--The Secretary and the Administrator may
enter into any agreements with each other, the City, the State,
and other parties that are necessary for the acquisition, by
donation or other means, of property for--
(A) establishing the Museum; and
(B) planning, designing, constructing,
reconstructing, and renovating, as applicable, the
Museum.
(2) Site acquisition.--The Secretary may acquire property
under subsection (a)(1) by purchase, long-term lease, or any
other appropriate means of acquisition, as determined by the
Secretary.
(d) Expansion of National Monument.--The expansion property is
incorporated in, and shall be managed as part of, the National
Monument.
SEC. 6. OPERATION OF THE MUSEUM.
(a) In General.--The Secretary, in consultation with the Advisory
Council, shall operate the Museum.
(b) Authorities.--The Secretary, in consultation with the Advisory
Council, may--
(1) purchase, accept, borrow, and otherwise acquire
artifacts for the collections of the Museum;
(2) loan, exchange, sell, and otherwise dispose of any part
of the collections of the Museum, if the proceeds of the
disposition are used for additions to the collections of the
Museum;
(3) specify criteria with respect to the use of the
collections and resources of the Museum, including policies on
programming, education, exhibitions, and research;
(4) provide for preservation, restoration, and maintenance
of the collections of the Museum;
(5) solicit, accept, use, and dispose of gifts, bequests,
and devises of real and personal property for the purpose of
facilitating the work of the Museum;
(6) contract with such parties as may be necessary to
facilitate the operation of the Museum;
(7) administer the National Monument as a unit of the
National Park System in accordance with--
(A) this Act; and
(B) the laws generally applicable to units of the
National Park System, including applicable provisions
of division A of subtitle I of title 54, United States
Code; and
(8) conduct any other activities that are necessary to
carry out the purposes of this Act.
SEC. 7. ADVISORY COUNCIL.
(a) Establishment.--There is established within the Department of
the Interior an advisory council to be known as the ``African Burial
Ground Advisory Council''.
(b) Membership.--
(1) Composition.--The Advisory Council shall be composed of
the following members or their designees:
(A) The Secretary, who shall serve as Chairperson
of the Advisory Council.
(B) The Director of the National Park Service.
(C) The Secretary of the Smithsonian Institution.
(D) The Administrator.
(E) The Governor of the State.
(F) The Mayor of the City.
(G) The President of the Borough of Manhattan.
(H) Fourteen members, to be appointed by the
Secretary, taking into consideration--
(i) recommendations from organizations and
entities that are committed to the legacy of
the African Burial Ground; and
(ii) recommendations from the members of
the Advisory Council.
(2) Nonvoting members.--The Secretary may appoint as
nonvoting members of the Advisory Council--
(A) members of the United States Senate;
(B) members of the House of Representatives;
(C) officials representing the City;
(D) officials representing the State; and
(E) any other individuals that the Secretary, in
consultation with the members of the Advisory Council,
determines to be appropriate.
(3) Date of appointments.--The initial appointment of a
member under paragraph (1) shall be made not later than 180
days after the date of enactment of this Act.
(c) Terms.--
(1) In general.--Except as provided in paragraph (2), each
member of the Advisory Council shall be appointed for a term of
3 years.
(2) Initial appointees.--Of the members first appointed
under subsection (b)(1)(H)--
(A) 5 members shall be appointed for a term of 1
year;
(B) 5 members shall be appointed for a term of 2
years; and
(C) 4 members shall be appointed for a terms of 3
years.
(3) Reappointment.--
(A) In general.--A member of the Advisory Council
may be reappointed, except that no individual may serve
on the Advisory Council for a total of more than 2
terms.
(B) Vacancy appointments.--For purposes of
subparagraph (A), the number of terms an individual
serves on the Advisory Council shall not include any
portion of a term for which an individual is appointed
to fill a vacancy under paragraph (4)(B).
(4) Vacancies.--
(A) In general.--A vacancy on the Advisory
Council--
(i) shall not affect the powers of the
Advisory Council; and
(ii) shall be filled in the same manner as
the original appointment was made.
(B) Term.--Any member of the Advisory Council
appointed to fill a vacancy occurring before the
expiration of the term for which the member's
predecessor was appointed shall be appointed for the
remainder of that term.
(d) Duties.--The Advisory Council shall--
(1) make recommendations to the Secretary on the planning,
design, and construction of the Museum;
(2) advise and assist the Secretary on all matters relating
to the administration, operation, maintenance, and preservation
of the Museum;
(3) provide significant opportunities for public input with
respect to carrying out the duties under paragraphs (1) and
(2); and
(4) adopt bylaws for the operation of the Advisory Council.
(e) Compensation.--
(1) In general.--Except as provided in paragraph (2), a
member of the Advisory Council shall serve without
compensation.
(2) Travel expenses.--A member of the Council shall be
allowed travel expenses, including per diem in lieu of
subsistence, at rates authorized for an employee of an agency
under subchapter I of chapter 57 of title 5, United States
Code, while away from the home or regular place of business of
the member in the performance of the duties of the Advisory
Council.
(f) Meetings.--
(1) In general.--The Advisory Council shall meet at the
call of the chairperson or on the written request of a majority
of the members of the Advisory Council, but not fewer than 2
times each year.
(2) Initial meetings.--During the 1-year period beginning
on the date of the first meeting of the Advisory Council, the
Advisory Council shall meet not fewer than 4 times for the
purpose of carrying out the duties of the Advisory Council.
(g) Quorum.--A majority of the members of the Advisory Council
shall constitute a quorum for the purpose of conducting business, but a
lesser number may receive information on behalf of the Advisory
Council.
SEC. 8. DIRECTOR AND STAFF.
(a) Director.--
(1) In general.--The Secretary shall appoint a Director for
the Museum, taking into consideration recommendations by the
Advisory Council.
(2) Duties.--The Director of the Museum shall manage the
Museum, in accordance with any policies established by the
Secretary, in consultation with the Advisory Council.
(b) Staff.--
(1) Appointment.--The Secretary may, without regard to the
civil service laws, appoint 2 employees to assist the Director
of the Museum in carrying out the duties of the Director.
(2) Compensation.--The employees appointed under subsection
(b) may be paid without regard to the provisions of chapter 51
and subchapter III of chapter 53 of title 5, United States
Code.
SEC. 9. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--Except as provided in subsection (b), there are
authorized to be appropriated to the Secretary to carry out this Act--
(1) $15,000,000 for fiscal year 2024; and
(2) such sums as are necessary for each fiscal year
thereafter.
(b) Acquisition of Museum Site.--There are authorized to be
appropriated such sums as are necessary to carry out section 5.
(c) Availability.--Amounts made available under subsections (a) and
(b) shall remain available, without fiscal year limitation, until
expended.
(d) Use of Funds for Fund-Raising.--Amounts made available under
this section may be used to raise funds from private sources to support
and promote the Museum.
<all>
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118S528
|
Understanding the True Cost of College Act of 2023
|
[
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"G000386",
"Sen. Grassley, Chuck [R-IA]",
"sponsor"
],
[
"S001203",
"Sen. Smith, Tina [D-MN]",
"cosponsor"
],
[
"E000295",
"Sen. Ernst, Joni [R-IA]",
"cosponsor"
]
] |
<p><b>Understanding the True Cost of College Act of 2023</b></p> <p>This bill requires standardized financial aid terminology and offer forms. </p> <p>Specifically, the Department of Education (ED) must develop standard terminology and a format for financial aid offer forms based on recommendations from representatives of certain groups, including students, veterans, and institutions of higher education (IHEs). </p> <p>The consumer-friendly form must include specified details and disclosures, including the estimated cost of attendance, the net price that a student or family is estimated to pay, and the terms and conditions of financial aid. </p> <p>In addition, ED must (1) test the form with representatives of students, students' families, IHEs, secondary school and postsecondary counselors, and nonprofit consumer groups; and (2) use the results to develop the final form. </p> <p>Each IHE that participates in federal student-aid programs must (1) use the standard form when offering financial aid to students, and (2) use the standard terminology and definitions developed by ED for all communications related to financial aid offers.</p>
|
<html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 528 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 528
To require a standard financial aid offer form, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
February 27, 2023
Mr. Grassley (for himself, Ms. Smith, and Ms. Ernst) introduced the
following bill; which was read twice and referred to the Committee on
Health, Education, Labor, and Pensions
_______________________________________________________________________
A BILL
To require a standard financial aid offer form, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Understanding the True Cost of
College Act of 2023''.
SEC. 2. INSTITUTION FINANCIAL AID OFFER FORM.
Section 484 of the Higher Education Opportunity Act (20 U.S.C. 1092
note) is amended to read as follows:
``SEC. 484. INSTITUTION FINANCIAL AID OFFER FORM.
``(a) Standard Format and Terminology.--The Secretary of Education,
in consultation with the heads of relevant Federal agencies, shall
develop standard terminology and a standard format for financial aid
offer forms based on recommendations from representatives of students,
veterans, servicemembers, students' families, institutions of higher
education (including community colleges, for-profit institutions, four
year public institutions, and four year private nonprofit
institutions), financial aid experts, secondary school and
postsecondary counselors, nonprofit organizations, and consumer groups.
``(b) Key Required Contents for Offer Form.--The standard format
developed under subsection (a) shall include, in a consumer-friendly
manner that is simple and understandable, a form titled `Financial Aid
Offer', which shall include the following items, with costs listed
first followed by grants and scholarships, clearly separated from each
other with separate headings:
``(1) Cost information.--
``(A) Information on the student's estimated cost
of attendance, including the following:
``(i) Total direct costs, including the
component totals each for--
``(I) tuition and fees, as
determined under section 472 of the
Higher Education Act of 1965 (20 U.S.C.
1087ll); and
``(II) college-sponsored housing
and food costs (as determined based on
the costs for room and board under such
section).
``(ii) Total estimated other expenses,
including--
``(I) the component totals each for
housing and food costs for students who
reside off-campus; and
``(II) for all students, books,
supplies, transportation, and
miscellaneous personal expenses (which
may include costs of health insurance
and dependent care), as determined
under section 472 of the Higher
Education Act of 1965 (20 U.S.C.
1087ll).
``(B) An indication of the academic period covered
by the financial aid offer, and an explanation that the
financial aid offered may change for academic periods
not covered by the aid offer or by program.
``(C) An indication of whether cost and aid
estimates are based on full-time or part-time
enrollment.
``(D) An indication, as applicable, about whether
the tuition and fees are estimated based on the
previous year, or are set, for the academic period
indicated in accordance with subparagraph (B).
``(2) Grants and scholarships.--The aggregate amount of
grants and scholarships by source that the student does not
have to repay, such as grant aid offered under title IV of the
Higher Education Act of 1965 (20 U.S.C. 1070 et seq.) and grant
aid offered through other Federal programs, grant aid offered
by the institution, grant aid offered by the State, and, if
known, grant aid from an outside source to the student for such
academic period, including--
``(A) a disclosure that the grants and scholarships
do not have to be repaid; and
``(B) if institutional aid is included--
``(i) the conditions under which the
student can expect to receive similar amounts
of such financial aid for each academic period
the student is enrolled at the institution; and
``(ii) whether the institutional aid offer
may change if grants or scholarships from
outside sources are applied after the student
receives the offer form, and, if applicable,
how that aid will change.
``(3) Net price.--
``(A) The net price that the student, or the
student's family on behalf of the student, is estimated
to have to pay for the student to attend the
institution for such academic period, equal to--
``(i) the cost of attendance as described
in paragraph (1)(A) for the student for the
period indicated in paragraph (1)(B); minus
``(ii) the amount of grant aid described in
paragraph (2) that is included in the financial
aid offer form.
``(B) A disclosure that the net price is an
estimate of the total expenses for the year and not
equivalent to the amount the student will owe directly
to the institution.
``(4) Loans.--
``(A) Information on any loan under part D or part
E of title IV of the Higher Education Act of 1965 (20
U.S.C. 1087a et seq.; 20 U.S.C. 1087aa et seq.) (except
a Federal Direct PLUS Loan under part D of that Act)
that the institution recommends for the student for the
academic period covered by the offer, which shall be
made--
``(i) with clear use of the word `loan' to
describe the recommended loan amounts; and
``(ii) with clear labeling of subsidized
and unsubsidized loans.
``(B) A disclosure that such loans have to be
repaid and a disclosure that the student can borrow a
lesser or, if applicable, greater amount than the
recommended loan amount.
``(C) A disclosure that the interest rates and fees
on such loans are set annually and affect total cost
over time, and a link to a Department of Education
website that includes current information on interest
rates and fees.
``(D) A link to the Department of Education's
repayment calculator website for students with
instruction that this website contains customizable
estimates of expected repayment costs under different
loan repayment plans.
``(5) Process for accepting or declining aid and next
steps.--
``(A) The deadlines and a summary of the process
(including the next steps) for--
``(i) accepting the financial aid offered
in the financial aid offer form;
``(ii) requesting higher loan amounts if
recommended loan amounts were included; and
``(iii) declining aid offered in the form.
``(B) Information on when and how direct costs to
the institution must be paid.
``(C) A disclosure that verification of financial
circumstances may require the student to submit further
documentation.
``(D) Information about where a student or the
student's family can seek additional information
regarding the financial aid offered, including contact
information for the institution's financial aid office
and the Department of Education's website on financial
aid.
``(6) Additional information.--Any other information the
Secretary of Education, in consultation with the heads of
relevant Federal agencies, including the Secretary of the
Treasury and the Director of the Bureau of Consumer Financial
Protection, determines necessary (based on the results of the
consumer testing under paragraph (g)(2)) so that students and
parents can make informed loan borrowing decisions, which may
include--
``(A) the most recent cohort default rate, as
defined in section 435(m) of the Higher Education Act
of 1965 (20 U.S.C. 1085(m)) with respect to an
institution where more than 30 percent of enrolled
students borrow loans to pay for their education, and a
comparison to the national average cohort default rate;
``(B) the percentage of students at the institution
who borrow student loans;
``(C) the median loan debt at graduation for
students at the institution (clearly marked as
including only Federal loans if private loan data are
not available to be included); and
``(D) any additional calculations determined
necessary for ensuring that students understand full
college costs, financial aid gaps, and options for
covering those gaps.
``(c) Other Required Contents for the Offer Form.--The standard
form developed under subsection (a) shall include, in addition to the
information described in subsection (b), the following information to
be included on the financial aid offer form in a concise format
determined by the Secretary of Education, in consultation with the
heads of relevant Federal agencies:
``(1) At the institution's discretion--
``(A) additional options and potential resources
for paying for the amount listed in subsection (b)(3),
such as tuition payment plans; and
``(B) a disclosure that Federal Direct PLUS Loans
or private education loans may be available to cover
remaining need, except that the institution may not
include an amount for Federal Direct PLUS Loans or
private education loans and must include a disclosure
for Federal Direct PLUS Loans that such loans are
subject to an additional application process, and a
disclosure that both types of loans have to be repaid
by the borrower, and may not be eligible for all the
benefits available for Federal Direct Stafford Loans or
Federal Direct Unsubsidized Stafford Loans.
``(2) The following information relating to private student
loans:
``(A) A statement that students considering
borrowing to cover the cost of attendance should
consider available Federal student loans prior to
applying for private education loans, including an
explanation that Federal student loans offer generally
more favorable terms and beneficial repayment options
than private loans.
``(B) The impact of a proposed private education
loan on the student's potential eligibility for other
financial assistance, including Federal financial
assistance under title IV of the Higher Education Act
of 1965 (20 U.S.C. 1070 et seq.).
``(C) A statement explaining the student's ability
to select a private educational lender of the student's
choice.
``(3) Information on work-study employment opportunities,
offered in accordance with part C of title IV of the Higher
Education Act of 1965 (20 U.S.C. 1087-51 et seq.) including a
disclosure that the work-study aid offered is subject to the
availability of qualified employment opportunities and is
disbursed over time as earned by the student. Work-study
employment opportunities (or a student's potential income based
on those opportunities) shall not be included in the category
of financial aid described under subsection (b)(2).
``(d) Additional Requirements for Financial Aid Offer Form.--The
financial aid offer form shall meet the following requirements:
``(1) Include, in addition to the requirements described in
subsections (b) and (c), a concise summary, in plain language,
of--
``(A) the terms and conditions of financial aid
recommended under paragraphs (2) and (4) of subsection
(b) and subsection (c)(3), and a method to provide
students with additional information about such terms
and conditions, such as links to the supplementary
information; and
``(B) Federal, State, or institutional conditions
required to receive and renew financial aid and a
method to provide students with additional information
about these conditions, such as links to the
supplementary information.
``(2) Clearly distinguish between the aid offered under
paragraphs (2) and (4) of subsection (b) and subsection (c)(3),
by including a subtotal for the aid offered in each of such
paragraphs and by refraining from commingling the different
types of aid described in such paragraphs.
``(3) Use standard terminology and definitions, as
described in subsection (e)(1) and use plain language where
possible.
``(4) If an institution's recommended Federal student loan
aid offered in subsection (b)(4) is less than the Federal
maximum available to the student, the institution shall provide
additional information on Federal student loans, including the
types and amounts for which the student is eligible in an
attached document or webpage.
``(5) Use the standard offer form described in subsection
(e)(2).
``(6) Include the standardized statement regarding the
possible availability of Federal education benefits, as
established by the Secretary in accordance with subsection
(e)(3).
``(7) Include a delivery confirmation for electronic
financial aid offer forms, except that receipt of the financial
aid offer form shall not be considered an acceptance or
rejection of aid by the student.
``(8) With respect to dependent students, any reference to
private education loans shall be accompanied by--
``(A) information about the availability of, and
terms and conditions associated with, Federal Direct
PLUS Loans under section 455 of the Higher Education
Act of 1965 (20 U.S.C. 1087e) for the student's parents
regardless of family income; and
``(B) a notification of the student's increased
eligibility for Federal student loans under title IV of
the Higher Education Act of 1965 (20 U.S.C. 1070 et
seq.) if the student's parents are not able to borrow
under the Federal Direct PLUS Loan program.
``(e) Standard Information Established by the Secretary.--
``(1) Standard terminology.--Not later than 3 months after
the date of enactment of the Understanding the True Cost of
College Act of 2023, the Secretary of Education, in
consultation with the heads of relevant Federal agencies,
including the Secretary of the Treasury and the Director of the
Consumer Financial Protection Bureau, representatives of
institutions of higher education, nonprofit consumer groups,
students, and secondary school and higher education guidance
counselors, shall establish standard terminology and
definitions for the terms described in subsection (b).
``(2) Standard form.--
``(A) In general.--The Secretary of Education shall
develop multiple draft financial aid offer forms for
consumer testing, carry out consumer testing for such
forms, and establish a finalized standard financial aid
offer form, in accordance with the process established
in subsection (g) and the requirements of this section.
``(B) Separate financial aid offer forms.--The
Secretary may develop separate financial aid offer
forms for--
``(i) undergraduate students and graduate
students; and
``(ii) first-time students and returning
students.
``(3) Additional benefits.--The Secretary of Education, in
consultation with the heads of relevant Federal agencies,
including the Secretary of the Treasury, the Secretary of
Veterans Affairs, the Secretary of Defense, and the Director of
the Consumer Financial Protection Bureau, shall establish
standard language notifying students that they may be eligible
for education benefits (and where students can locate more
information about such benefits) including benefits in
accordance with each of the following:
``(A) Chapter 30, 31, 32, 33, 34, or 35 of title
38, United States Code.
``(B) Chapter 101, 105, 106A, 1606, 1607, or 1608
of title 10, United States Code.
``(C) Section 1784a, 2005, or 2007 of title 10,
United States Code.
``(f) Supplemental Information; Removal of Information.--
``(1) Nothing in this section shall preclude an institution
from supplementing the financial aid offer form with additional
information if such additional information supplements the
financial aid offer form and is not located on the financial
aid offer form, and provided such information utilizes the same
standard terminology identified in subsection (e)(1).
``(2) Nothing in this section shall preclude an institution
from deleting a required item if the student is ineligible for
such aid.
``(g) Development of Financial Aid Offer Form.--
``(1) Draft form.--Not later than 9 months after the date
of enactment of the Understanding the True Cost of College Act
of 2023, the Secretary of Education, in consultation with the
heads of relevant Federal agencies, including the Secretary of
the Treasury and the Director of the Consumer Financial
Protection Bureau, representatives of institutions of higher
education, nonprofit consumer groups, students, and secondary
school and higher education guidance counselors, shall design
and produce multiple draft financial aid offer forms for
consumer testing with postsecondary students or prospective
students. In developing that form, the Secretary shall ensure--
``(A) that the headings described in paragraphs (1)
through (4) of subsection (b) is in the same font,
appears in the same order, and is displayed prominently
on the financial aid offer form, such that none of that
information is inappropriately omitted or de-
emphasized;
``(B) that the other information required in
subsection (b) appears in a standard format and design
on the financial aid offer form; and
``(C) that the institution may include a logo or
brand alongside the title of the financial aid offer
form.
``(2) Consumer testing.--
``(A) In general.--Not later than 9 months after
the date of enactment of the Understanding the True
Cost of College Act of 2023, the Secretary of
Education, in consultation with the heads of relevant
Federal agencies, shall establish a process to submit
the financial aid offer form drafts developed under
paragraph (1) for consumer testing among
representatives of students (including low-income
students, first generation college students, adult
students, veterans, servicemembers, and prospective
students), students' families (including low-income
families, families with first generation college
students, and families with prospective students),
institutions of higher education, secondary school and
postsecondary counselors, and nonprofit consumer
groups.
``(B) Pilot.--During such consumer testing, the
Secretary shall ensure that not less than 16 and not
more than 24 eligible institutions use the draft forms
developed under paragraph (1), including institutions--
``(i) that reflect a proportionate
representation (based on the total number of
students enrolled in postsecondary education)
of community colleges, for-profit institutions,
four year public institutions, and four year
private nonprofit institutions; and
``(ii) that reflect geographic diversity.
``(C) Length of consumer testing.--The Secretary of
Education shall ensure that the consumer testing under
this paragraph lasts no longer than 8 months after the
process for consumer testing is developed under
subparagraph (A).
``(3) Final form.--
``(A) In general.--The results of consumer testing
under paragraph (2) shall be used in the final
development of the financial aid offer form.
``(B) Reporting requirement.--Not later than 3
months after the date the consumer testing under
paragraph (2) concludes, the Secretary of Education
shall submit to Congress and publish on its website the
final standard financial aid offer form and a report
detailing the results of such testing, including
whether the Secretary of Education added any additional
items to the standard financial aid offer form pursuant
to subsection (b)(6).
``(4) Authority to modify.--The Secretary of Education may
modify the definitions, terms, formatting, and design of the
financial aid offer form based on the results of consumer
testing required under this subsection and before finalizing
the form, or in subsequent consumer testing. The Secretary may
also recommend additional changes to Congress.''.
SEC. 3. MANDATORY FORM.
Part B of title I of the Higher Education Act of 1965 (20 U.S.C.
1011 et seq.) is amended by adding at the end the following:
``SEC. 124. USE OF MANDATORY FINANCIAL AID OFFER FORM AND TERMS.
``(a) In General.--Notwithstanding any other provision of law, each
institution of higher education that receives Federal financial
assistance under this Act shall--
``(1) use the financial aid offer form developed under
section 484 of the Higher Education Opportunity Act (20 U.S.C.
1092 note) in providing paper, mobile-optimized offers, or
other electronic offers to all students who apply for aid and
are accepted at the institution; and
``(2) use the standard terminology and definitions
developed by the Secretary of Education under subsection (e)(1)
of that Act for all communications from the institution related
to financial aid offers.
``(b) Effective Dates.--The requirements under this section shall
take effect at the start of the first award year after the Secretary of
Education finalizes the standard terminology and form developed in
accordance with section 484 of the Higher Education Opportunity Act (20
U.S.C. 1092 note).''.
``(c) Administrative Procedures.--Section 492 of the Higher
Education Act (20 U.S.C. 1098a) shall not apply with respect to
regulations promulgated in accordance with this section.''.
<all>
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|
118S529
|
Eric’s Law
|
[
[
"C001098",
"Sen. Cruz, Ted [R-TX]",
"sponsor"
],
[
"C001095",
"Sen. Cotton, Tom [R-AR]",
"cosponsor"
],
[
"B001310",
"Sen. Braun, Mike [R-IN]",
"cosponsor"
]
] |
<p><b>Eric's Law</b></p> <p>This bill modifies procedures with respect to capital sentencing hearings.</p> <p>If a jury at a capital sentencing hearing does not reach a unanimous recommendation on the defendant's sentence and there is a motion by the attorney for the government, the court must order a new special sentencing hearing and impanel a new jury. If the new jury at the special sentencing hearing does not reach a unanimous recommendation on the defendant's sentence, then the court is prohibited from imposing a death sentence.</p>
|
<html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 529 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 529
To amend title 18, United States Code, to require the impaneling of a
new jury if a jury fails to recommend by unanimous vote a sentence for
conviction of a crime punishable by death.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
February 27, 2023
Mr. Cruz (for himself, Mr. Cotton, and Mr. Braun) 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 require the impaneling of a
new jury if a jury fails to recommend by unanimous vote a sentence for
conviction of a crime punishable by death.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as ``Eric's Law''.
SEC. 2. REQUIREMENT TO IMPANEL A NEW JURY IN CERTAIN CASES.
(a) Additional Ground for Impaneling Jury.--Section 3593(b)(2) of
title 18, United States Code, is amended--
(1) in subparagraph (C), by striking ``or'' at the end; and
(2) by adding at the end the following:
``(E) a new special hearing is required pursuant to
subsection (g); or''.
(b) Impaneling of New Jury When Jury Does Not Reach a Unanimous
Recommendation.--Section 3593 of title 18, United States Code, is
amended by adding at the end the following:
``(g) Special Rule When Jury Does Not Return a Unanimous
Recommendation.--
``(1) In general.--If a jury described in subsection (b)(1)
or subparagraphs (A) through (D) of subsection (b)(2) does not,
by unanimous vote, make a recommendation whether the defendant
should be sentenced to death, to life imprisonment without
possibility of release, or some other lesser sentence pursuant
to subsection (e), the court, upon motion of the attorney for
the government, shall order a new special hearing and impanel a
new jury pursuant to subsection (b).
``(2) Imposition of sentence.--If the jury impaneled
pursuant to paragraph (1) does not reach a unanimous
recommendation as to sentence, the court shall impose a
sentence other than death authorized by law.''.
<all>
</pre></body></html>
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|
118S53
|
Combating Global Corruption Act of 2023
|
[
[
"C000141",
"Sen. Cardin, Benjamin L. [D-MD]",
"sponsor"
],
[
"Y000064",
"Sen. Young, Todd [R-IN]",
"cosponsor"
]
] |
<p><strong>Combating Global Corruption Act of 2023 </strong></p> <p>This bill requires the Department of State to address corruption in foreign governments.</p> <p>The State Department must annually publish a tiered ranking of foreign countries based on their government's efforts to eliminate corruption.</p> <p>The bill outlines the minimum standards that the State Department must consider when creating the ranking, such as whether a country has criminalized corruption, adopted measures to prevent corruption, and complied with the United Nations Convention Against Corruption and other relevant international agreements. Tier one countries meet the standards; tier two countries make some efforts to meet the standards; tier three countries make <em>de minimis</em> or no efforts to meet the standards.</p> <p>If a country is ranked in the second or third tier, the State Department must designate an anti-corruption contact at the U.S. diplomatic post in that country to promote good governance and combat corruption.</p> <p>The State Department must report annually to Congress a list of foreign persons (individuals or entities) (1) who have engaged in significant corruption in a tier three country, and (2) upon whom the President has imposed sanctions pursuant to this bill.</p>
|
<html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 53 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 53
To identify and combat corruption in countries, to establish a tiered
list of countries with respect to levels of corruption by their
governments and their efforts to combat such corruption, and to
evaluate whether foreign persons engaged in significant corruption
should be specially designated nationals under the Global Magnitsky
Human Rights Accountability Act.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
January 24 (legislative day, January 3), 2023
Mr. Cardin (for himself and Mr. Young) introduced the following bill;
which was read twice and referred to the Committee on Foreign Relations
_______________________________________________________________________
A BILL
To identify and combat corruption in countries, to establish a tiered
list of countries with respect to levels of corruption by their
governments and their efforts to combat such corruption, and to
evaluate whether foreign persons engaged in significant corruption
should be specially designated nationals under the Global Magnitsky
Human Rights Accountability 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 ``Combating Global Corruption Act of
2023''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Corrupt actor.--The term ``corrupt actor'' means--
(A) any foreign person or entity that is a
government official or government entity responsible
for, or complicit in, an act of corruption; and
(B) any company, in which a person or entity
described in subparagraph (A) has a significant stake,
which is responsible for, or complicit in, an act of
corruption.
(2) Corruption.--The term ``corruption'' means the unlawful
exercise of entrusted public power for private gain, including
by bribery, nepotism, fraud, or embezzlement.
(3) Significant corruption.--The term ``significant
corruption'' means corruption committed at a high level of
government that--
(A) illegitimately distorts major decision-making,
such as policy or resource determinations, or other
fundamental functions of governance; and
(B) involves economically or socially large-scale
government activities.
SEC. 3. PUBLICATION OF TIERED RANKING LIST.
(a) In General.--The Secretary of State shall annually publish, on
a publicly accessible website, a tiered ranking of all foreign
countries.
(b) Tier 1 Countries.--A country shall be ranked as a tier 1
country in the ranking published under subsection (a) if the government
of such country is complying with the minimum standards set forth in
section 4.
(c) Tier 2 Countries.--A country shall be ranked as a tier 2
country in the ranking published under subsection (a) if the government
of such country is making efforts to comply with the minimum standards
set forth in section 4, but is not achieving the requisite level of
compliance to be ranked as a tier 1 country.
(d) Tier 3 Countries.--A country shall be ranked as a tier 3
country in the ranking published under subsection (a) if the government
of such country is making de minimis or no efforts to comply with the
minimum standards set forth in section 4.
SEC. 4. MINIMUM STANDARDS FOR THE ELIMINATION OF CORRUPTION AND
ASSESSMENT OF EFFORTS TO COMBAT CORRUPTION.
(a) In General.--The government of a country is complying with the
minimum standards for the elimination of corruption if the government--
(1) has enacted and implemented laws and established
government structures, policies, and practices that prohibit
and generally deter corruption, including significant
corruption;
(2) enforces the laws described in paragraph (1) by
punishing any person who is found, through a fair judicial
process, to have violated such laws;
(3) prescribes punishment for significant corruption that
is commensurate with the punishment prescribed for serious
crimes; and
(4) is making serious and sustained efforts to address
corruption, including through prevention.
(b) Factors for Assessing Government Efforts To Combat
Corruption.--In determining whether a government is making serious and
sustained efforts to address corruption, the Secretary of State shall
consider, to the extent relevant or appropriate, factors such as--
(1) whether the government of the country has criminalized
corruption, investigates and prosecutes acts of corruption, and
convicts and sentences persons responsible for such acts over
which it has jurisdiction, including, as appropriate,
incarcerating individuals convicted of such acts;
(2) whether the government of the country vigorously
investigates, prosecutes, convicts, and sentences public
officials who participate in or facilitate corruption,
including nationals of the country who are deployed in foreign
military assignments, trade delegations abroad, or other
similar missions, who engage in or facilitate significant
corruption;
(3) whether the government of the country has adopted
measures to prevent corruption, such as measures to inform and
educate the public, including potential victims, about the
causes and consequences of corruption;
(4) whether the government of the country has taken steps
to prohibit government officials from participating in,
facilitating, or condoning corruption, including the
investigation, prosecution, and conviction of such officials;
(5) the extent to which the country provides access, or, as
appropriate, makes adequate resources available, to civil
society organizations and other institutions to combat
corruption, including reporting, investigating, and monitoring;
(6) whether an independent judiciary or judicial body in
the country is responsible for, and effectively capable of,
deciding corruption cases impartially, on the basis of facts
and in accordance with the law, without any improper
restrictions, influences, inducements, pressures, threats, or
interferences (direct or indirect);
(7) whether the government of the country is assisting in
international investigations of transnational corruption
networks and in other cooperative efforts to combat significant
corruption, including, as appropriate, cooperating with the
governments of other countries to extradite corrupt actors;
(8) whether the government of the country recognizes the
rights of victims of corruption, ensures their access to
justice, and takes steps to prevent victims from being further
victimized or persecuted by corrupt actors, government
officials, or others;
(9) whether the government of the country protects victims
of corruption or whistleblowers from reprisal due to such
persons having assisted in exposing corruption, and refrains
from other discriminatory treatment of such persons;
(10) whether the government of the country is willing and
able to recover and, as appropriate, return the proceeds of
corruption;
(11) whether the government of the country is taking steps
to implement financial transparency measures in line with the
Financial Action Task Force recommendations, including due
diligence and beneficial ownership transparency requirements;
(12) whether the government of the country is facilitating
corruption in other countries in connection with state-directed
investment, loans or grants for major infrastructure, or other
initiatives; and
(13) such other information relating to corruption as the
Secretary of State considers appropriate.
(c) Assessing Government Efforts To Combat Corruption in Relation
to Relevant International Commitments.--In determining whether a
government is making serious and sustained efforts to address
corruption, the Secretary of State shall consider the government of a
country's compliance with the following, as relevant:
(1) The Inter-American Convention against Corruption of the
Organization of American States, done at Caracas March 29,
1996.
(2) The Convention on Combating Bribery of Foreign Public
Officials in International Business Transactions of the
Organisation of Economic Co-operation and Development, done at
Paris December 21, 1997 (commonly referred to as the ``Anti-
Bribery Convention'').
(3) The United Nations Convention against Transnational
Organized Crime, done at New York November 15, 2000.
(4) The United Nations Convention against Corruption, done
at New York October 31, 2003.
(5) Such other treaties, agreements, and international
standards as the Secretary of State considers appropriate.
SEC. 5. IMPOSITION OF SANCTIONS UNDER GLOBAL MAGNITSKY HUMAN RIGHTS
ACCOUNTABILITY ACT.
(a) In General.--The Secretary of State, in coordination with the
Secretary of the Treasury, should evaluate whether there are foreign
persons engaged in significant corruption for the purposes of potential
imposition of sanctions under the Global Magnitsky Human Rights
Accountability Act (subtitle F of title XII of Public Law 114-328; 22
U.S.C. 2656 note) in all countries identified as tier 3 countries under
section 3.
(b) Report Required.--Not later than 180 days after publishing the
list required by section 3(a) and annually thereafter, the Secretary of
State shall submit to the committees specified in subsection (e) a
report that includes--
(1) a list of foreign persons with respect to which the
President imposed sanctions pursuant to the evaluation under
subsection (a);
(2) the dates on which such sanctions were imposed; and
(3) the reasons for imposing such sanctions.
(c) Form of Report.--Each report required by subsection (b) shall
be submitted in unclassified form but may include a classified annex.
(d) Briefing in Lieu of Report.--The Secretary of State, in
coordination with the Secretary of the Treasury, may provide a briefing
to the committees specified in subsection (e) instead of submitting a
written report required under subsection (b), if doing so would better
serve existing United States anti-corruption efforts or the national
interests of the United States.
(e) Committees Specified.--The committees specified in this
subsection are--
(1) the Committee on Foreign Relations, the Committee on
Appropriations, the Committee on Banking, Housing, and Urban
Affairs, and the Committee on the Judiciary of the Senate; and
(2) the Committee on Foreign Affairs, the Committee on
Appropriations, the Committee on Financial Services, and the
Committee on the Judiciary of the House of Representatives.
SEC. 6. DESIGNATION OF EMBASSY ANTI-CORRUPTION POINTS OF CONTACT.
(a) In General.--The Secretary of State shall annually designate an
anti-corruption point of contact at the United States diplomatic post
to each country identified as tier 2 or tier 3 under section 3, or
which the Secretary otherwise determines is in need of such a point of
contact. The point of contact shall be the chief of mission or the
chief of mission's designee.
(b) Responsibilities.--Each anti-corruption point of contact
designated under subsection (a) shall be responsible for enhancing
coordination and promoting the implementation of a whole-of-government
approach among the relevant Federal departments and agencies
undertaking efforts to--
(1) promote good governance in foreign countries; and
(2) enhance the ability of such countries--
(A) to combat public corruption; and
(B) to develop and implement corruption risk
assessment tools and mitigation strategies.
(c) Training.--The Secretary of State shall implement appropriate
training for anti-corruption points of contact designated under
subsection (a).
<all>
</pre></body></html>
|
[
"International Affairs",
"Congressional oversight",
"Crime prevention",
"Crime victims",
"Criminal investigation, prosecution, interrogation",
"Criminal procedure and sentencing",
"Diplomacy, foreign officials, Americans abroad",
"Employment discrimination and employee rights",
"Energy storage, supplies, demand",
"Europe",
"Foreign aid and international relief",
"Germany",
"Government ethics and transparency, public corruption",
"Government information and archives",
"Human rights",
"International law and treaties",
"International organizations and cooperation",
"Judicial procedure and administration",
"Oil and gas",
"Organized crime",
"Pipelines",
"Russia",
"Sanctions",
"Sovereignty, recognition, national governance and status",
"U.S. and foreign investments",
"United Nations"
] |
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118S530
|
Know Before You Owe Federal Student Loan Act of 2023
|
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<p><b>Know Before You Owe Federal Student Loan Act of </b><strong></strong><b>2023</b></p> <p>This bill expands lender disclosure requirements and revises loan counseling requirements.</p> <p>First, the bill requires a lender to provide a quarterly statement to a Federal Family Education Loan or Direct Loan borrower during a period when loan payments are not required. The statement must include specified information on the loan and interest amounts and explain the option to pay accrued interest while in deferment or forbearance. </p> <p>In addition, the bill requires an institution of higher education (IHE) that participates in federal student-aid programs to provide pre-loan counseling to a student borrower of a federal student loan upon or prior to the first disbursement of each new loan. Currently, an IHE must provide one-time entrance counseling to a student who is a first-time federal student loan borrower. </p> <p>The bill also revises and expands required elements of pre-loan counseling to include an estimate of the borrower's monthly payment amount compared to the borrower's estimated monthly income after taxes and other expenses, a statement to borrow the minimum necessary amount, a warning that a high debt-to-income ratio makes repayment more difficult, options to reduce borrowing, and an explanation of the importance of on-time graduation. </p> <p>Prior to certifying a Federal Direct Loan disbursement to a student, an IHE must ensure that the student manually enters the exact dollar amount of the loan.</p>
|
<html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 530 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 530
To revise counseling requirements for certain borrowers of student
loans, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
February 27, 2023
Mr. Grassley (for himself and Ms. Smith) introduced the following bill;
which was read twice and referred to the Committee on Health,
Education, Labor, and Pensions
_______________________________________________________________________
A BILL
To revise counseling requirements for certain borrowers of student
loans, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Know Before You Owe Federal Student
Loan Act of 2023''.
SEC. 2. PRE-LOAN COUNSELING AND CERTIFICATION OF LOAN AMOUNT.
Section 485(l) of the Higher Education Act of 1965 (20 U.S.C.
1092(l)) is amended--
(1) in the subsection heading, by striking ``Entrance
Counseling'' and inserting ``Pre-Loan Counseling'';
(2) in paragraph (1)(A)--
(A) in the matter preceding clause (i), by striking
``a disbursement to a first-time borrower of a loan''
and inserting ``the first disbursement of each new loan
(or the first disbursement in each award year if more
than one new loan is obtained in the same award
year)''; and
(B) in clause (ii)(I), by striking ``an entrance
counseling'' and inserting ``a counseling'';
(3) in paragraph (2)--
(A) by striking subparagraph (G) and inserting the
following:
``(G) An estimate of the borrower's monthly payment
amount compared to the borrower's estimated monthly
income after taxes, after living expenses (using
Consumer Expenditure Survey data from the Bureau of
Labor Statistics), after estimated health insurance
costs, and after any other relevant expenses, based
on--
``(i) the best available data on starting
wages for the borrower's program of study, if
available; and
``(ii) the estimated total student loan
debt of the borrower, including--
``(I) Federal debt;
``(II) to the best of the
institution's knowledge, private loan
debt already incurred; and
``(III) the estimated future debt
required to complete the program of
study.''; and
(B) by adding at the end the following:
``(L) A statement that the borrower should borrow
the minimum amount necessary to cover expenses and that
the borrower does not have to accept the full amount of
loans for which the borrower is eligible.
``(M) A warning that the higher the borrower's
debt-to-income ratio is, the more difficulty the
borrower is likely to experience in repaying the loan.
``(N) Options for reducing borrowing through
scholarships, reduced expenses, work-study, or other
work opportunities.
``(O) An explanation of the importance of
graduating on time to avoid additional borrowing, what
course load is necessary to graduate on time, and
information on how adding an additional year of study
impacts total indebtedness.''; and
(4) by adding at the end the following:
``(3)(A) In addition to the other requirements of this
subsection and in accordance with subparagraph (B), each
eligible institution shall ensure that the student manually
enter, either in writing or through electronic means, the exact
dollar amount of Federal Direct Loan funding under part D that
such student desires to borrow.
``(B) The eligible institution shall ensure that the
student carries out the activity described in subparagraph
(A)--
``(i) in the course of the process used by the
institution for students to accept a student loan
award;
``(ii) prior to the institution certifying a
Federal Direct Loan under part D for disbursement to a
student (other than a Federal Direct Consolidation Loan
or a Federal Direct PLUS loan made on behalf of a
student); and
``(iii) after ensuring that the student has
completed all of the pre-loan counseling requirements
under this subsection.''.
SEC. 3. REQUIRED PERIODIC DISCLOSURES DURING PERIODS WHEN LOAN PAYMENTS
ARE NOT REQUIRED.
Section 433 of the Higher Education Act of 1965 (20 U.S.C. 1083) is
amended--
(1) by redesignating subsection (f) as subsection (g); and
(2) by inserting after subsection (e) the following:
``(f) Required Periodic Disclosures During Periods When Loan
Payments Are Not Required.--During any period of time when a borrower
of one or more loans, made, insured, or guaranteed under this part or
part D is not required to make a payment to an eligible lender on the
borrower's loan from that eligible lender, such eligible lender shall
provide such borrower with a quarterly statement that includes, in
simple and understandable terms--
``(1) the original principal amount of each of the
borrower's loans, and the original principal amount of those
loans in the aggregate;
``(2) the borrower's current balance, as of the time of the
statement, as applicable;
``(3) the interest rate on each loan;
``(4) the total amount the borrower has paid in interest on
each loan;
``(5) the aggregate amount the borrower has paid for each
loan, including the amount the borrower has paid in interest,
the amount the borrower has paid in fees, and the amount the
borrower has paid against the balance;
``(6) the lender's or loan servicer's address, toll-free
phone number, and webpage for payment and billing error
purposes, including information about how a borrower can make
voluntary payments when a loan is not in repayment status;
``(7) an explanation--
``(A) that the borrower has the option to pay the
interest that accrues on each loan while the borrower
is a student at an institution of higher education or
during a period of deferment or forbearance, if
applicable; and
``(B) if the borrower does not pay such interest
while attending an institution or during a period of
deferment or forbearance, any accumulated interest on
the loan will be capitalized when the loan goes into
repayment, resulting in more interest being paid over
the life of the loan;
``(8) the amount of interest that has accumulated since the
last statement based on the typical installment time period and
the aggregate interest accrued to date; and
``(9) an explanation that making even small payments of any
unspecified amount while the borrower is a student at an
institution of higher education, or during a period of
deferment or forbearance, if applicable, can help to offset
interest accrual over the life of the loan.''.
SEC. 4. CONFORMING AMENDMENTS.
(a) Program Participation Agreements.--Section 487(e)(2)(B)(ii)(IV)
of the Higher Education Act of 1965 (20 U.S.C. 1094(e)(2)(B)(ii)(IV))
is amended--
(1) by striking ``Entrance and exit counseling'' and
inserting ``Pre-loan and exit counseling''; and
(2) by striking ``entrance and exit counseling'' and
inserting ``pre-loan and exit counseling''.
(b) Regulatory Relief and Improvement.--Section 487A of the Higher
Education Act of 1965 (20 U.S.C. 1094a) is amended by striking
``entrance and exit interviews'' and inserting ``pre-loan and exit
interviews'' each place the term appears.
<all>
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118S531
|
Net Price Calculator Improvement Act
|
[
[
"G000386",
"Sen. Grassley, Chuck [R-IA]",
"sponsor"
],
[
"S001203",
"Sen. Smith, Tina [D-MN]",
"cosponsor"
]
] |
<p><b>Net Price Calculator Improvement Act</b></p> <p>This bill establishes requirements concerning the information that must be provided to prospective students about the cost of attendance at an institution of higher education (IHE). Specifically, the bill establishes the minimum requirements for the net price calculator that an IHE must include on its website. An IHE's net price is the average yearly price actually charged to first-time, full-time undergraduate students receiving student aid at the IHE after deducting such aid.</p> <p>The bill also authorizes the Department of Education to develop a universal net price calculator that enables users to answer one set of questions and receive net prices for several IHEs and compare those prices.
|
<html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 531 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 531
To amend the Higher Education Act of 1965 to make technical
improvements to the Net Price Calculator system so that prospective
students may have a more accurate understanding of the true cost of
college.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
February 27, 2023
Mr. Grassley (for himself and Ms. Smith) introduced the following bill;
which was read twice and referred to the Committee on Health,
Education, Labor, and Pensions
_______________________________________________________________________
A BILL
To amend the Higher Education Act of 1965 to make technical
improvements to the Net Price Calculator system so that prospective
students may have a more accurate understanding of the true cost of
college.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Net Price Calculator Improvement
Act''.
SEC. 2. MINIMUM STANDARDS FOR NET PRICE CALCULATORS.
Section 132(h) of the Higher Education Act of 1965 (20 U.S.C.
1015a(h)) is amended--
(1) by redesignating paragraph (4) as paragraph (6);
(2) in paragraph (2), by inserting before the period ``,
and, not later than 1 year after the date of enactment of the
Net Price Calculator Improvement Act, shall meet the
requirements of paragraph (4)(C)'';
(3) in paragraph (3), by inserting after the first sentence
the following: ``Not later than 1 year after the date of
enactment of the Net Price Calculator Improvement Act, such
calculator shall meet the requirements of paragraph (4).''; and
(4) by inserting after paragraph (3) the following:
``(4) Minimum requirements for net price calculators.--Not
later than 1 year after the date of enactment of the Net Price
Calculator Improvement Act, a net price calculator for an
institution of higher education shall, at a minimum, meet the
following requirements:
``(A) The link for the calculator--
``(i) is clearly labeled as a `net price
calculator' and prominently, clearly, and
conspicuously (in such size and contrast (such
as shade) that it is readily noticeable and
readable) posted in locations on the
institution's website where information on
costs and aid is provided (such as financial
aid, prospective students, or tuition and fees
web pages);
``(ii) matches in size and font to the
other prominent links on the primary menu; and
``(iii) may also be included on the
institution's compliance web page, which
contains information relating to compliance
with Federal, State, and local laws.
``(B) The input screen for the net price calculator
displays a chart of the net prices for students
receiving Federal student financial aid under title IV
(as required by subsection (i)(5)) for the most recent
academic year for which data are available,
disaggregated by income categories.
``(C) The results screen for the calculator
specifies the following information:
``(i) The individual net price (as
calculated under paragraph (2)) for the
individual student, which is the most visually
prominent figure on the results screen,
including a statement of--
``(I) the year for which the net
price applies; and
``(II) the year from which the data
was used to determine that net price.
``(ii) Cost of attendance, including--
``(I) the total estimated cost for
a student to complete the program of
study, based on normal time for
completion of, or graduation from, the
student's particular program of study;
``(II) the total annual cost of
attendance;
``(III) annual tuition and fees;
``(IV) average annual cost of room
and board for the institution for a
first-time, full-time undergraduate
student enrolled in the institution;
``(V) average annual cost of books
and supplies for a first-time, full-
time undergraduate student enrolled in
the institution;
``(VI) estimated annual cost of
other expenses (including personal
expenses and transportation) for a
first-time, full-time undergraduate
student enrolled in the institution;
and
``(VII) a statement of--
``(aa) the year for which
each cost described in this
clause applies; and
``(bb) the year from which
the data was used to determine
each cost described in this
clause.
``(iii) Estimated total need-based grant
aid and merit-based grant aid, from Federal,
State, and institutional sources that may be
available to the individual student, showing
the subtotal for each category and the total of
all sources of grant aid and disaggregated by
academic year for normal time for completion
of, or graduation from, the student's
particular program of study.
``(iv) Percentage of the first-time, full-
time undergraduate students enrolled in the
institution who received any type of grant aid
described in clause (iii), disaggregated by
their first year and subsequent years of
enrollment up to the number of years for normal
completion of, or graduation from, their
particular program of study.
``(v) The disclaimer described in paragraph
(6).
``(vi) In the case of a calculator that--
``(I) includes questions to
estimate a student's (or prospective
student's) eligibility for veterans'
education benefits (as defined in
section 480) or educational benefits
for active duty service members, such
benefits are displayed on the results
screen in a manner that clearly
distinguishes them from the grant aid
described in clause (iii); or
``(II) does not include questions
to estimate eligibility for the
benefits described in subclause (I),
the results screen--
``(aa) indicates that
certain students (or
prospective students) may
qualify for such benefits;
``(bb) states why the
institution is not including
questions to estimate a
student's eligibility for such
benefits; and
``(cc) includes a link to
an appropriate Federal website
that provides information about
such benefits.
``(D) The institution populates the calculator with
data from not earlier than 2 academic years prior to
the most recent academic year.
``(5) Prohibition on use of data collected by the net price
calculator.--A net price calculator for an institution of
higher education shall--
``(A) clearly indicate which questions are required
to be completed for an estimate of the net price from
the calculator;
``(B) in the case of a calculator that requests
contact information from users, clearly mark such
requests as `optional';
``(C) prohibit any personally identifiable
information provided by users from being sold or made
available to third parties; and
``(D) clearly state `Any information that you
provide on this site is confidential. The Net Price
Calculator does not store your responses or require
personal identifying information of any kind.'.''.
SEC. 3. UNIVERSAL NET PRICE CALCULATOR.
Section 132(h) of the Higher Education Act of 1965 (20 U.S.C.
1015a(h)), as amended by section 2, is further amended by adding at the
end the following:
``(7) Universal net price calculator.--
``(A) In general.--The Secretary may develop a
universal net price calculator that is housed within
the Department of Education, with Department branding,
and that may be based on or utilize an existing
platform developed by a public or private entity,
that--
``(i) enables users to answer 1 set of
questions and receive net prices for any
institution that is required to have a net
price calculator under this subsection;
``(ii) provides the information required
under subparagraphs (C) and (D) of paragraph
(4) for each institution for which a net price
is being sought;
``(iii) is developed in consultation with
the heads of relevant Federal agencies; and
``(iv) before being finalized and publicly
released, is tested in accordance with
subparagraph (B).
``(B) Consumer testing.--
``(i) In general.--If the Secretary
develops a universal net price calculator under
subparagraph (A), the Secretary, in
consultation with the heads of relevant Federal
agencies, shall establish a process to submit
the universal net price calculator developed
under this paragraph for consumer testing among
representatives of students (including low-
income students, first generation college
students, adult students, and prospective
students), students' families (including low-
income families, families with first generation
college students, and families with prospective
students), institutions of higher education,
secondary school and postsecondary counselors,
and nonprofit consumer groups.
``(ii) Length of consumer testing.--The
Secretary shall ensure that the consumer
testing lasts no longer than 6 months after the
process for consumer testing is developed under
clause (i).
``(iii) Use of results.--The results of
consumer testing under clause (i) shall be used
in the final development of the universal net
price calculator.
``(iv) Reporting requirement.--Not later
than 3 months after the date the consumer
testing under clause (i) concludes, the
Secretary shall submit to Congress the final
universal net price calculator and a report
detailing the results of such testing,
including whether the Secretary added any
additional items to the calculator as a result
of such testing.
``(v) Authority to modify.--The Secretary
may modify the definitions, terms, formatting,
and design of the universal net price
calculator based on the results of consumer
testing required under this paragraph and
before finalizing the calculator.
``(8) Report from secretary.--Not later than 1 year after
the date of enactment of the Net Price Calculator Improvement
Act, the Secretary shall submit a report to Congress on steps
taken to raise awareness of net price calculators among
prospective students and families, particularly among students
in middle school and high school and students from low-income
families.''.
<all>
</pre></body></html>
|
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118S532
|
National Right-to-Work Act
|
[
[
"P000603",
"Sen. Paul, Rand [R-KY]",
"sponsor"
],
[
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"Sen. Barrasso, John [R-WY]",
"cosponsor"
],
[
"R000584",
"Sen. Risch, James E. [R-ID]",
"cosponsor"
],
[
"L000575",
"Sen. Lankford, James [R-OK]",
"cosponsor"
],
[
"C001096",
"Sen. Cramer, Kevin [R-ND]",
"cosponsor"
],
[
"M001198",
"Sen. Marshall, Roger [R-KS]",
"cosponsor"
],
[
"B001243",
"Sen. Blackburn, Marsha [R-TN]",
"cosponsor"
],
[
"B001305",
"Sen. Budd, Ted [R-NC]",
"cosponsor"
],
[
"W000437",
"Sen. Wicker, Roger F. [R-MS]",
"cosponsor"
],
[
"S001184",
"Sen. Scott, Tim [R-SC]",
"cosponsor"
],
[
"L000571",
"Sen. Lummis, Cynthia M. [R-WY]",
"cosponsor"
],
[
"B001310",
"Sen. Braun, Mike [R-IN]",
"cosponsor"
],
[
"G000386",
"Sen. Grassley, Chuck [R-IA]",
"cosponsor"
],
[
"B001236",
"Sen. Boozman, John [R-AR]",
"cosponsor"
],
[
"H001079",
"Sen. Hyde-Smith, Cindy [R-MS]",
"cosponsor"
],
[
"S001217",
"Sen. Scott, Rick [R-FL]",
"cosponsor"
],
[
"L000577",
"Sen. Lee, Mike [R-UT]",
"cosponsor"
],
[
"T000278",
"Sen. Tuberville, Tommy [R-AL]",
"cosponsor"
],
[
"C001056",
"Sen. Cornyn, John [R-TX]",
"cosponsor"
],
[
"C001075",
"Sen. Cassidy, Bill [R-LA]",
"cosponsor"
],
[
"C000880",
"Sen. Crapo, Mike [R-ID]",
"cosponsor"
],
[
"C001098",
"Sen. Cruz, Ted [R-TX]",
"cosponsor"
],
[
"M001190",
"Sen. Mullin, Markwayne [R-OK]",
"cosponsor"
]
] |
<p><strong>National Right-to-Work Act </strong></p> <p>This bill repeals those provisions of the National Labor Relations Act and the Railway Labor Act that permit employers to make an agreement with a labor union to require employees to join such union as a condition of employment. </p> <p>Currently, at least 27 states have enacted laws prohibiting employers from compelling employees to become members of a union as a condition of employment.</p>
|
<html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 532 Placed on Calendar Senate (PCS)]
<DOC>
Calendar No. 17
118th CONGRESS
1st Session
S. 532
To preserve and protect the free choice of individual employees to
form, join, or assist labor organizations, or to refrain from such
activities.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
February 27, 2023
Mr. Paul (for himself, Mr. Barrasso, Mr. Risch, Mr. Lankford, Mr.
Cramer, Mr. Marshall, Mrs. Blackburn, Mr. Budd, Mr. Wicker, Mr. Scott
of South Carolina, Ms. Lummis, Mr. Braun, Mr. Grassley, Mr. Boozman,
Mrs. Hyde-Smith, Mr. Scott of Florida, Mr. Lee, Mr. Tuberville, Mr.
Cornyn, Mr. Cassidy, Mr. Crapo, and Mr. Cruz) introduced the following
bill; which was read the first time
February 28, 2023
Read the second time and placed on the calendar
_______________________________________________________________________
A BILL
To preserve and protect the free choice of individual employees to
form, join, or assist labor organizations, or to refrain from such
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 ``National Right-to-Work Act''.
SEC. 2. AMENDMENTS TO THE NATIONAL LABOR RELATIONS ACT.
(a) Rights of Employees.--Section 7 of the National Labor Relations
Act (29 U.S.C. 157) is amended by striking ``except to'' and all that
follows through ``authorized in section 8(a)(3)''.
(b) Unfair Labor Practices.--Section 8 of the National Labor
Relations Act (29 U.S.C. 158) is amended--
(1) in subsection (a)(3), by striking ``: Provided, That''
and all that follows through ``retaining membership'';
(2) in subsection (b)--
(A) in paragraph (2), by striking ``or to
discriminate'' and all that follows through ``retaining
membership''; and
(B) in paragraph (5), by striking ``covered by an
agreement authorized under subsection (a)(3)''; and
(3) in subsection (f)--
(A) by striking clause (2) and redesignating
clauses (3) and (4) as clauses (2) and (3),
respectively; and
(B) by striking ``Provided, That nothing in this
subsection shall set aside the final proviso to section
8(a)(3) of this Act: Provided further,'' and inserting
``Provided,''.
(c) Additional Conforming Amendments.--
(1) National labor relations act.--The National Labor
Relations Act (29 U.S.C. 151 et seq.) is amended--
(A) in section 9 (29 U.S.C. 159), by striking
subsection (e);
(B) in section 3(b) (29 U.S.C. 153(b)), by striking
``or (e)''; and
(C) in section 8(f) (29 U.S.C. 158(f)), as amended
by subsection (b)(3), by striking ``or 9(e)''.
(2) Other laws.--Section 453A(a)(2)(B)(ii) of the Social
Security Act (42 U.S.C. 653a(a)(2)(B)(ii)) is amended by
striking ``section 8(f)(3)'' and inserting ``section 8(f)(2)''.
SEC. 3. AMENDMENT TO THE RAILWAY LABOR ACT.
Section 2 of the Railway Labor Act (45 U.S.C. 152) is amended--
(1) by striking the Eleventh paragraph under the heading
for general duties; and
(2) by redesignating the Twelfth paragraph under the
heading for general duties as the Eleventh paragraph.
SEC. 4. EFFECTIVE DATE.
This Act, and the amendments made by this Act, shall apply to any
agreement entered into or renewed after the date of enactment of this
Act.
Calendar No. 17
118th CONGRESS
1st Session
S. 532
_______________________________________________________________________
A BILL
To preserve and protect the free choice of individual employees to
form, join, or assist labor organizations, or to refrain from such
activities.
_______________________________________________________________________
February 28, 2023
Read the second time and placed on the calendar
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118S533
|
Transformation to Competitive Integrated Employment Act
|
[
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"C001070",
"Sen. Casey, Robert P., Jr. [D-PA]",
"sponsor"
],
[
"D000618",
"Sen. Daines, Steve [R-MT]",
"cosponsor"
]
] |
<p><b>Transformation to Competitive Integrated Employment Act</b></p> <p>This bill addresses employment standards for people with disabilities. </p> <p>The bill directs the Department of Labor to award grants to states and certain eligible entities to assist them in transforming their business and program models to support people with disabilities by </p> <ul> <li>providing competitive integrated employment, </li> <li>assisting such individuals in finding and retaining work in such employment,</li> <li>providing integrated employment and integrated community participation and wraparound services for such individuals, and</li> <li>ensuring that such services comply with federal regulations for individuals receiving home and community-based services. </li> </ul> <p>The bill also prohibits the issuance of new special certificates that allow payment of subminimum wages to people with disabilities and phases out existing certificates over a five-year period. </p> <p>The bill directs Labor's Office of Disability Employment to award grants to provide technical assistance and other strategic support to employers transitioning from special certificates to competitive integrated employment for people with disabilities. </p> <p>Labor must contract with a nonprofit entity to conduct an evaluation of the impact of these transitions. <p> <p>
|
<html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 533 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 533
To assist employers providing employment under special certificates
issued under section 14(c) of the Fair Labor Standards Act of 1938 in
transforming their business and program models to models that support
people with disabilities through competitive integrated employment, to
phase out the use of such special certificates, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
February 27, 2023
Mr. Casey (for himself and Mr. Daines) introduced the following bill;
which was read twice and referred to the Committee on Health,
Education, Labor, and Pensions
_______________________________________________________________________
A BILL
To assist employers providing employment under special certificates
issued under section 14(c) of the Fair Labor Standards Act of 1938 in
transforming their business and program models to models that support
people with disabilities through competitive integrated employment, to
phase out the use of such special certificates, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Transformation to Competitive
Integrated Employment Act''.
SEC. 2. TABLE OF CONTENTS.
Sec. 1. Short title.
Sec. 2. Table of contents.
Sec. 3. Purposes.
TITLE I--COMPETITIVE INTEGRATED EMPLOYMENT TRANSFORMATION GRANT
PROGRAMS
Sec. 101. Program authorized.
Sec. 102. State grant program.
Sec. 103. Certificate holder grant program.
TITLE II--PHASE OUT OF SPECIAL CERTIFICATES UNDER SECTION 14(c) OF THE
FAIR LABOR STANDARDS ACT OF 1938
Sec. 201. Transition to fair wages for people with disabilities.
Sec. 202. Prohibition on new special certificates; sunset.
TITLE III--TECHNICAL ASSISTANCE AND DISSEMINATION
Sec. 301. Technical Assistance and dissemination.
TITLE IV--REPORTING AND EVALUATION
Sec. 401. Impact evaluation and reporting.
Sec. 402. Wage and hour reports.
TITLE V--GENERAL PROVISIONS
Sec. 501. Definitions.
Sec. 502. Authorization of appropriations.
SEC. 3. PURPOSES.
The purposes of this Act are to--
(1) assist employers with special certificates issued under
section 14(c) of the Fair Labor Standards Act of 1938 (29
U.S.C. 214(c)) to transform their business and program
operations to models that support people with disabilities to
find and retain work in competitive integrated employment;
(2) ensure people with disabilities, families of such
people, State and local governments, and other stakeholders are
involved in the transformations described in paragraph (1);
(3) ensure people employed in programs using such special
certificates transition to competitive integrated employment
positions and, as needed, to integrated services that support
them in their homes and in community settings;
(4) identify models and processes for shifting business and
program models from such special certificates to competitive
integrated employment models and integrated community
participation and wraparound services, and to share that
information with other such special certificate holders, State
and local entities, and other service providers for people with
disabilities; and
(5) support States and local governments as they revise and
implement their Olmstead plans and local plans, respectively,
in order to improve competitive integrated employment outcomes
for people with disabilities through all State workforce
development systems.
TITLE I--COMPETITIVE INTEGRATED EMPLOYMENT TRANSFORMATION GRANT
PROGRAMS
SEC. 101. PROGRAM AUTHORIZED.
From the amounts appropriated to carry out this title, the
Secretary of Labor shall award grants under sections 102 and 103, on a
competitive basis, to States and eligible entities to assist employers
who were issued special certificates in transforming their business and
program models from providing employment using such special
certificates to business and program models that employ and support
people with disabilities by--
(1) providing competitive integrated employment, including
by compensating all employees of the employer at a rate that
is--
(A) not less than the higher of the rate specified
in section 6(a)(1) of the Fair Labor Standards Act of
1938 (29 U.S.C. 206(a)(1)) or the rate specified in the
applicable State or local minimum wage law; and
(B) not less than the customary rate paid by the
employer for the same or similar work performed by
other employees who are not people with disabilities,
and who are similarly situated in similar occupations
by the same employer and who have similar training,
experience, and skills;
(2) assisting people with disabilities who were employed by
the employer in finding and retaining work in competitive
integrated employment, which work may be with the employer
after such transformation or in another competitive integrated
employment setting;
(3) providing integrated community participation and
wraparound services for people with disabilities; and
(4) ensuring all such services and other non-employment
services offered by the employer comply with the requirements
for home and community-based services under the final rule of
the Department of Health and Human Services entitled ``Medicaid
Program; State Plan Home and Community-Based Services, 5-Year
Period for Waivers, Provider Payment Reassignment, and Home and
Community-Based Setting Requirements for Community First Choice
and Home and Community-Based Services (HCBS) Waivers'' (79 Fed.
Reg. 2948 (January 16, 2014)), or a successor rule.
SEC. 102. STATE GRANT PROGRAM.
(a) Application.--
(1) In general.--To be eligible to receive a grant under
this section, a State shall submit an application to the
Secretary at such time, in such manner, and including such
information as the Secretary may reasonably require.
(2) Contents.--Each application submitted under paragraph
(1) shall include--
(A) a description of the status of the employers in
the State providing employment using special
certificates, including--
(i) the number of employers in the State
using special certificates to employ and pay
people with disabilities;
(ii) the number of employers described in
clause (i) that also employ people with
disabilities in competitive integrated
employment, which shall include employers
providing such employment in combination with
integrated services;
(iii) the number of employees employed
under a special certificate, disaggregated by--
(I) employer; and
(II) demographic characteristics,
including gender, race, ethnicity, and
type of disability, unless indicating
such characteristics would disclose
personal identifying information;
(iv) the average, median, minimum, and
maximum number of hours such employees work per
week, disaggregated by employer, and reported
for the State as a whole; and
(v) the average, median, minimum, and
maximum hourly wage for such employees,
disaggregated by employer, and reported for the
State as a whole;
(B) a description of the activities of the State
with respect to competitive integrated employment for
people with disabilities, including, as applicable--
(i) a copy of the State plan for carrying
out the Employment First initiative;
(ii) a copy of the Olmstead plan of the
State;
(iii) a description of activities related
to the development and promotion of ABLE
accounts; and
(iv) a description of the medical
assistance provided by the State through a
Medicaid buy-in eligibility pathway under
subclause (XV) or (XVI) of section
1902(a)(10)(A)(ii) of the Social Security Act
(42 U.S.C. 1396a(a)(10)(A)(ii)), including any
premiums or other cost sharing imposed on
individuals who enroll in the State Medicaid
program through such a pathway;
(C) a description of activities to be funded under
the grant, and the goals of such activities,
including--
(i) the process to be used to identify each
employer in the State that will transform its
business and program models from employing
people with disabilities using special
certificates to employing people with
disabilities in competitive integrated
employment settings or settings involving a
combination of competitive integrated
employment and integrated services;
(ii) the number of such employers in the
State that will carry out a transformation
described in clause (i);
(iii) the service delivery infrastructure
that will be implemented in the State to
support people with disabilities who have been
employed under special certificates through
such a transformation, including providing
enhanced integrated services to support people
with the most significant disabilities;
(iv) a description of the process to
recruit and engage Federal, State, and local
governments and nonprofit and private employers
to hire people with disabilities into
competitive integrated employment who have been
employed under special certificates;
(v) the competitive integrated employment
and integrated services that will be
implemented in the State to support such
people;
(vi) a timeline for assisting employers
that operate in the State in phasing out
employment using special certificates, which
shall not extend past the date on which the
legal effect of such certificates expires under
section 14(c)(7) of the Fair Labor Standards
Act of 1938 (29 U.S.C. 214(c)(7)), as added by
title II;
(vii) a timeline for the expansion of
employers that will provide competitive
integrated employment, or a combination of
competitive integrated employment and
integrated services, to people with
disabilities who have been employed by such
employers under special certificates;
(viii) a description of the expanded
competitive integrated employment and
integrated services to be provided to such
people as a result of transformations described
in clause (i); and
(ix) a description of the process to be
used to engage stakeholders in such
transformations;
(D) a description of how the activities under the
grant will coordinate and align Federal, State, and
local programs, agencies, and funding in the
transformations described in subparagraph (C)(i);
(E) a description of the State's evaluation plan to
determine the social and economic impact of the grant,
including the impact (as measured throughout the
transformation and the 2-year period after the State
has assisted employers in phasing out employment using
special certificates) on--
(i) the employment status of people with
disabilities in the State, including the number
of hours worked, average wages, and job
satisfaction, of such people; and
(ii) changes in provider capacity to
support competitive integrated employment and
integrated services;
(F) assurances that--
(i) the activities carried out under the
grant will result in each employer in the State
that provides employment using special
certificates on the date of enactment of this
Act transforming as described in subparagraph
(C)(i);
(ii) people with the most significant
disabilities, including intellectual and
developmental disabilities, who will be
affected by such a transformation will be given
priority in receiving the necessary competitive
integrated employment supports and integrated
services to succeed during and after such a
transformation;
(iii) each individual in the State who is
employed under a special certificate will, as a
result of such a transformation, be given an
opportunity to be employed in competitive
integrated employment;
(iv) at a minimum, the State agencies
responsible for developmental disability
services, Medicaid, education, vocational
rehabilitation, mental health services,
transportation, and workforce development agree
to be partners in the goals of the grant;
(v) until the date that is 2 years after
the legal effect of special certificates
expires under section 14(c)(7) of the Fair
Labor Standards Act of 1938 (29 U.S.C.
214(c)(7)), as added by title II, the State
will comply with requirements of the Secretary
with respect to the collection of data, and
will require employers providing employment
under special certificates in the State to
comply with such requirements;
(vi) the State will cooperate with the
evaluation under title IV by providing all data
required and allow the evaluation of activities
under the grant;
(vii) the State will establish an advisory
council described in paragraph (3) to monitor
and guide the process of transforming business
and program models of employers in the State as
described in subparagraph (C)(i);
(viii) the State will cooperate with the
nonprofit entity carrying out technical
assistance and dissemination activities under
title III;
(ix) all integrated services and non-
employment services offered by employers in the
State will comply with--
(I) the requirements for home and
community-based services under the
final rule of the Department of Health
and Human Services entitled ``Medicaid
Program; State Plan Home and Community-
Based Services, 5-Year Period for
Waivers, Provider Payment Reassignment,
and Home and Community-Based Setting
Requirements for Community First Choice
and Home and Community-Based Services
(HCBS) Waivers'' (79 Fed. Reg. 2948
(January 16, 2014)), or a successor
rule;
(II) the holding of the Olmstead
decision; and
(III) the Americans with
Disabilities Act of 1990 (42 U.S.C.
12101 et seq.); and
(x) the State will disseminate information
to all people with disabilities employed under
special certificates regarding the availability
of--
(I) ABLE accounts and other asset
developmental options for people with
disabilities;
(II) the Ticket to Work and Self
Sufficiency Program established under
section 1148 of the Social Security Act
(42 U.S.C. 1320b-19); and
(III) other resources related to
benefits counseling for people with
disabilities who wish to work or are
working in competitive integrated
employment settings; and
(G) such other information and assurances as the
Secretary may reasonably require.
(3) Members of the advisory council.--A State receiving a
grant under this section shall, for the purpose described in
paragraph (2)(F)(vii), establish an advisory council composed
of the following:
(A) People with disabilities (who shall comprise
not less than 25 percent of the members), including
such people with intellectual or developmental
disabilities who are or were employed under a special
certificate.
(B) A family member of a person with an
intellectual or developmental disability who is
employed under a special certificate.
(C) A family member of a person with an
intellectual or developmental disability who is
employed in competitive integrated employment.
(D) An employer providing competitive integrated
employment.
(E) An employer providing employment under special
certificates.
(F) A representative of a nonprofit agency or
organization specializing in competitive integrated
employment.
(G) A representative of the State developmental
disability agency.
(H) A representative of the State vocational
rehabilitation agency, as such term is used under the
Rehabilitation Act of 1973 (29 U.S.C. 701 et seq.).
(I) A representative of an agency that is in the
State and described in paragraph (6) or (7) of section
8501 of title 41, United States Code.
(J) A representative of the State independent
living centers, as such term is used under the
Rehabilitation Act of 1973 (29 U.S.C. 701 et seq.).
(K) A representative of the State Council on
Developmental Disabilities, as defined in section 102
of the Developmental Disabilities Assistance and Bill
of Rights Act of 2000 (42 U.S.C. 15002).
(L) A representative of one of the State University
Centers for Excellence in Developmental Disabilities
Education, Research, and Service, established under
subtitle D of title I of the Developmental Disabilities
Assistance and Bill of Rights Act of 2000 (42 U.S.C.
15061 et seq.).
(M) A representative of the State protection and
advocacy system, as defined in section 102 of the
Developmental Disabilities Assistance and Bill of
Rights Act of 2000 (42 U.S.C. 15002).
(N) A representative of the State Medicaid office.
(O) Representatives of other State agencies and
disability organizations and other disability related
offices and groups with expertise in competitive
integrated employment.
(b) Geographic Diversity.--To the extent practicable, the Secretary
shall distribute grant funds under this section equitably among
geographic areas of the United States, and take into account rural and
urban diversity.
(c) Duration of Awards.--A grant under this section shall be
awarded for a period of 5 years.
(d) Limit on Award Number.--A State may only be awarded 1 grant
under this section.
(e) Amount of Awards.--A grant awarded under this section may not
be made in an amount that is less than $3,000,000, or more than
$15,000,000, for the 5-year grant period.
(f) Additional Funding for Supported Employment Services.--
(1) In general.--Title VI of the Rehabilitation Act of 1973
is amended--
(A) in section 603 (29 U.S.C. 795h)--
(i) in subsection (a), by adding at the end
the following:
``(3) References.--For purposes of this subsection, any
reference in this subsection to sums or amounts appropriated
shall not include the amounts appropriated under section
611(e).'';
(ii) in subsection (c)--
(I) by inserting ``or a grant under
section 611'' after ``allotment under
this title''; and
(II) by inserting ``or such grant''
after ``such allotment''; and
(iii) in subsection (d)--
(I) by inserting ``or a grant under
section 611'' after ``allotment under
this title''; and
(II) by inserting ``or such grant''
after ``such allotment'';
(B) in section 604(b)(2) (29 U.S.C. 795i(b)(2)), by
inserting ``(or made available through a grant awarded
under section 611)'' after ``allotted under this
title'';
(C) in section 610 (29 U.S.C. 795o)--
(i) by inserting ``, except for section
611,'' after ``this title'';
(ii) by striking ``and''; and
(iii) by inserting ``, and such sums as may
be necessary for each of fiscal years 2024
through 2033'' before the period at the end;
and
(D) by adding at the end the following:
``SEC. 611. ADDITIONAL FUNDING FOR CERTAIN STATES WITH COMPETITIVE
INTEGRATED EMPLOYMENT.
``(a) Grants.--From amounts appropriated under subsection (e), the
Secretary, in consultation with the Secretary of Labor, shall award a
grant under this section to each eligible State that submits an
application under subsection (c) for the purposes described in section
604.
``(b) Eligibility.--
``(1) In general.--A State is eligible for a grant under
this section for a fiscal year if the State--
``(A) is eligible for an allotment under section
603(a) for the fiscal year; and
``(B) has successfully completed a grant under
section 102 of the Transformation to Competitive
Integrated Employment Act during that fiscal year or
the preceding fiscal year, as determined under
paragraph (2).
``(2) Successfully completing a competitive integrated
employment grant.--A State has successfully completed a grant
under section 102 of the Transformation to Competitive
Integrated Employment Act if, at the conclusion of the 5-year
period of the grant, the Secretary of Labor determines the
State has complied with all requirements under such section for
such grant.
``(c) Application.--A State seeking a grant under this section
shall submit an application to the Secretary at such time, in such
manner, and containing such information as the Secretary may reasonably
require, including information demonstrating the State has successfully
complied with the requirements under subsection (b)(2).
``(d) Awards.--
``(1) In general.--A grant to a State under this section
shall be awarded in an amount determined under paragraph (2)
for each of 5 fiscal years, except as provided under paragraph
(3).
``(2) Amount.--Subject to available appropriations under
subsection (e), the amount of a grant under this section to a
State for a fiscal year shall be equal to 25 percent of the
amount allotted to such State under subsection (a) of section
603 for the preceding fiscal year (excluding any additional
amounts allotted to the State under subsection (b) of such
section).
``(3) Continued compliance.--In the case that a State
receiving a grant under this section ceases compliance with
subsection (b)(2) for a fiscal year--
``(A) no amounts shall be awarded through such
grant for such fiscal year; or
``(B) if such amounts have already been awarded to
the State for such fiscal year, the State shall return
to the Secretary such amounts.
``(4) Competitive integrated employment fund.--
``(A) Establishment of fund.--There is established
in the Treasury of the United States a fund to be known
as the `Competitive Integrated Employment Fund'
(referred to in this paragraph as the `Fund').
``(B) Deposits.--The Secretary shall deposit into
the Fund any amount received under paragraph (3)(B).
``(C) Use of fund amounts.--Amounts in the Fund
shall be available to the Secretary of Labor, without
fiscal year limitation, for activities to increase
competitive integrated employment opportunities for
people with disabilities.
``(e) Authorization of Appropriations.--There are authorized to be
appropriated for each of fiscal years 2029 through 2033 such sums as
may be necessary to carry out this section.''.
(2) Table of contents.--The table of contents in section
1(b) of the Rehabilitation Act of 1973 is amended by inserting
after the item relating to section 610 the following:
``Sec. 611. Additional funding for certain States with competitive
integrated employment.''.
SEC. 103. CERTIFICATE HOLDER GRANT PROGRAM.
(a) In General.--To be eligible to receive a grant under this
section, an eligible entity shall submit an application to the
Secretary at such time, in such manner, and including such information
as the Secretary may reasonably require.
(b) Contents.--Each application submitted under subsection (a)
shall include--
(1) the status of the eligible entity's use of special
certificates to employ people with disabilities, including--
(A)(i) the number of employees the eligible entity
employs using such special certificates at the time of
submission of the application;
(ii) the aggregate demographic profile of such
employees, including gender, race, and type of
disability of such employees, unless indicating such
demographic profile would disclose personal identifying
information; and
(iii) an historical accounting, covering each of
the previous 4 fiscal years, of--
(I) the number of employees with a
disability working for a wage that is--
(aa) less than the higher of the
rate specified in section 6(a)(1) of
the Fair Labor Standards Act of 1938
(29 U.S.C. 206(a)(1)) or the rate
specified in the applicable State or
local minimum wage law; or
(bb) less than the customary rate
paid by the employer for the same or
similar work performed by other
employees who are not people with
disabilities, and who are similarly
situated in similar occupations by the
same employer and who have similar
training, experience, and skills; and
(II) an aggregate demographic profile of
such employees including gender, race,
ethnicity, age, and type of disability;
(B) the average, minimum, maximum, and range of
hourly wages paid to employees employed using such
special certificates during the previous year;
(C) for each of the preceding 5 fiscal years, the
number of people with disabilities, disaggregated by
fiscal year, who have been transitioned by the eligible
entity from employment under such special certificates
to competitive integrated employment; and
(D) a description of the business and program
models (including the financial and organizational
structure) of the eligible entity that is using the
special certificates, including--
(i) the number and type of contracts the
entity has entered into during the preceding 5
fiscal years to supply goods or services,
including an indication for each such contract
of whether people with disabilities are
employed under the contract;
(ii) the budget and the funding structure,
including all sources of funding, for the
preceding 5 fiscal years;
(iii) the human resource structure; and
(iv) the entities partnering with the
eligible entity as described in subsection
(h)(2);
(2) a description of activities to be funded under the
grant, and the goals of such activities, including--
(A) a description of the business and program
models of competitive integrated employment or a
combination of competitive integrated employment,
integrated services, and other companionship and
personal support services, into which the models of the
eligible entity will transform, including the business
plan, employment structure, and leadership organization
of the eligible entity;
(B) a description of--
(i) the integrated services to be provided
by the eligible entity; or
(ii) the eligible entity's process for
referring an individual requiring such services
to a provider of such services to ensure that
the individual receives such services;
(C) after the transformation of the eligible
entity's business and program models as described in
subparagraph (A), the number of employees that will be
employed under such models;
(D) the date on which the eligible entity will
discontinue using special certificates, and the funding
structure the eligible entity will use to provide
competitive integrated employment or a combination of
such employment and integrated services; and
(E) the process to be used for the transformation
of the eligible entity's business and program models as
described in subparagraph (A), including--
(i) redesign of contracts;
(ii) changes in funding sources;
(iii) staff training on competitive
integrated employment support and practices;
(iv) input from key stakeholders, including
people with disabilities, their families, and
other local stakeholders; and
(v) a description of the individuals who
will be responsible for the development and
implementation of such process;
(3) a description of the process to recruit and engage
Federal, State, and local governments and nonprofit and private
employers to hire people with disabilities who have been
employed under special certificates;
(4) a timeline of activities to be implemented and goals to
be reached on at least a quarterly basis during the 3-year
grant period;
(5) a description of how the activities under the grant
will coordinate and align Federal, State, and local programs,
agencies, and funding in the transformation described in
paragraph (2)(A);
(6) assurances that--
(A) the activities carried out under the grant will
result in the transformation described in paragraph
(2)(A);
(B) people with disabilities who are employed by
the eligible entity under special certificates will be
employed in competitive integrated employment;
(C) the eligible entity will comply with the
requirements of the Secretary with respect to the
collection of data;
(D) the eligible entity will cooperate in the
evaluation described in title IV by providing all data
required and allow evaluation of the activities under
the grant; and
(E) the eligible entity will cooperate with the
nonprofit entity carrying out technical assistance and
dissemination required under title III;
(7) a description of the eligible entity's evaluation plan
to determine the impact of the grant;
(8) assurances of collaboration and support from all State
entities involved in supporting people with disabilities to
secure competitive integrated employment, including the State
Medicaid agency, the State developmental disability agency, the
State vocational rehabilitation agency, the State department of
education, and the State board, and other State and local
governmental entities (including the local board) and
organizations that support transformations to providing
competitive integrated employment and integrated services for
employees employed under a special certificate; and
(9) such other information and assurances as the Secretary
may reasonably require.
(c) Geographic Diversity.--To the extent practicable, the Secretary
shall distribute grant funds under this section equitably among
geographic areas of the United States, and shall take into account
rural and urban diversity.
(d) Program Size.--To the extent practicable, the Secretary shall
distribute grant funds under this section equitably among eligible
entities providing employment using special certificates serving
different numbers of people.
(e) Duration of Awards.--
(1) Grant period.--A grant awarded under this section shall
be awarded for a period of 3 years.
(2) Grant cycles.--Grants shall be awarded under this
section in 2 grant cycles. Grants for the second grant cycle
shall be awarded not earlier than the end of the second year of
the first 3-year grant cycle.
(f) Limit on Award Number.--An eligible entity may only be awarded
1 grant total under this section.
(g) Amount of Awards.--A grant awarded under this section may not
be made in an amount that is less than $200,000, or more than $750,000,
for the 3-year grant period.
(h) Eligible Entity Defined.--In this title, the term ``eligible
entity'' means an entity that--
(1) employs people with disabilities under special
certificates and is located in a State that did not receive a
grant under section 102; and
(2) partners with at least 2 entities with experience
providing support to people with disabilities in competitive
integrated employment, such as--
(A) an employer providing competitive integrated
employment;
(B) a State developmental disability agency;
(C) a State mental health services agency;
(D) a representative of an agency described in
paragraph (6) or (7) of section 8501 of title 41,
United States Code;
(E) a representative of the State Council on
Developmental Disabilities, as defined in section 102
of the Developmental Disabilities Assistance and Bill
of Rights Act of 2000 (42 U.S.C. 15002);
(F) a representative of the State vocational
rehabilitation agency, as such term is used under the
Rehabilitation Act of 1973 (29 U.S.C. 701 et seq.);
(G) a representative of the State independent
living centers, as such term is used under the
Rehabilitation Act of 1973 (29 U.S.C. 701 et seq.);
(H) a representative of one of the State University
Centers for Excellence in Developmental Disabilities
Education, Research, and Service, established under
subtitle D of title I of the Developmental Disabilities
Assistance and Bill of Rights Act of 2000 (42 U.S.C.
15061 et seq.);
(I) a representative of the State protection and
advocacy system, as defined in section 102 of the
Developmental Disabilities Assistance and Bill of
Rights Act of 2000 (42 U.S.C. 15002); and
(J) a nonprofit agency or organization specializing
in competitive integrated employment.
TITLE II--PHASE OUT OF SPECIAL CERTIFICATES UNDER SECTION 14(c) OF THE
FAIR LABOR STANDARDS ACT OF 1938
SEC. 201. TRANSITION TO FAIR WAGES FOR PEOPLE WITH DISABILITIES.
(a) In General.--Subparagraph (A) of section 14(c)(1) of the Fair
Labor Standards Act of 1938 (29 U.S.C. 214(c)(1)) is amended to read as
follows:
``(A) at a rate that equals, or exceeds, the greater of--
``(i)(I) 60 percent of the wage rate in effect
under section 6(a)(1), beginning on the effective date
described in section 201(b) of the Transformation to
Competitive Integrated Employment Act;
``(II) 70 percent of the wage rate in effect under
section 6(a)(1), beginning 2 years after the date of
enactment of such Act;
``(III) 80 percent of the wage rate in effect under
section 6(a)(1), beginning 3 years after such date of
enactment;
``(IV) 90 percent of the wage rate in effect under
section 6(a)(1), beginning 4 years after such date of
enactment; and
``(V) the wage rate in effect under section
6(a)(1), beginning 5 years after such date of
enactment; or
``(ii) the wage rate in effect on the day before
the date of enactment of the Transformation to
Competitive Integrated Employment Act for the
employment, under a special certificate issued under
this paragraph, of the individual for whom the wage
rate is determined under this paragraph;''.
(b) Effective Date.--The amendment made by subsection (a) shall
take effect on the date that is 90 days after the date of enactment of
this Act.
SEC. 202. PROHIBITION ON NEW SPECIAL CERTIFICATES; SUNSET.
Section 14(c) of the Fair Labor Standards Act of 1938 (29 U.S.C.
214(c)) (as amended by section 201), is further amended by adding at
the end the following:
``(6) Prohibition on New Special Certificates.--Notwithstanding
paragraph (1), the Secretary shall not issue a special certificate
under this subsection to an employer that was not issued a special
certificate under this subsection before the date of enactment of the
Transformation to Competitive Integrated Employment Act.
``(7) Sunset.--Beginning on the day after the date that is 5 years
after the date of enactment of the Transformation to Competitive
Integrated Employment Act--
``(A) the authority to issue special certificates under
paragraph (1) shall expire; and
``(B) no special certificates issued under paragraph (1)
shall have any legal effect.''.
TITLE III--TECHNICAL ASSISTANCE AND DISSEMINATION
SEC. 301. TECHNICAL ASSISTANCE AND DISSEMINATION.
(a) Grant Authorized.--From the amounts appropriated for this
title, the Secretary (acting through the Office of Disability
Employment Policy in partnership with the Employment and Training
Administration), in partnership with the Administration for Community
Living of the Department of Health and Human Services and the Office of
Special Education and Rehabilitative Services of the Department of
Education, shall award a grant to a nonprofit entity to--
(1)(A) provide technical assistance to employers who are
transforming from employing people with disabilities using
special certificates to providing competitive integrated
employment;
(B) identify and disseminate private and public sector
models of the transition described in subparagraph (A); and
(C) build a set of replicable strategies for employers
using special certificates to increase their use of evidence-
based practices in providing competitive integrated employment
and increase their options for providing competitive integrated
employment;
(2) collect and disseminate--
(A) evidence-based practices with respect to the
transformations described in paragraph (1)(A),
including practices that increase awareness of and
access to training materials from and opportunities
offered through the Office of Disability Employment
Policy; and
(B) evidence-based strategies for implementing the
aims of activities, intended to improve the quality of
integrated services to result in competitive integrated
employment for people with disabilities, carried out--
(i) under the Workforce Innovation and
Opportunity Act (29 U.S.C. 3101 et seq.);
(ii) through settlement agreements made
pursuant to the employment requirements under
the Olmstead decision; or
(iii) through home and community-based
services described in the final rule of the
Department of Health and Human Services
entitled ``Medicaid Program; State Plan Home
and Community-Based Services, 5-Year Period for
Waivers, Provider Payment Reassignment, and
Home and Community-Based Setting Requirements
for Community First Choice and Home and
Community-Based Services (HCBS) Waivers'' (79
Fed. Reg. 2948 (January 16, 2014)), or a
successor rule;
(3) leverage and increase awareness of and access to
training materials and opportunities made available through
training and technical assistance investments of--
(A) the Office of Disability Employment Policy;
(B) the Employment and Training Administration;
(C) the Administration for Community Living of the
Department of Health and Human Services; and
(D) the Office of Special Education and
Rehabilitative Services of the Department of Education;
and
(4)(A) raise awareness of efforts in States to carry out
the Employment First initiative; and
(B) coordinate dissemination efforts related to ABLE
accounts and other financial asset development resources
through the ABLE National Resource Center and the Department of
the Treasury.
(b) Application.--
(1) In general.--To be eligible to receive a grant under
this section, a nonprofit entity shall submit an application to
the Secretary at such time, in such manner, and including such
information that the Secretary may reasonably require.
(2) Contents.--Each application submitted under paragraph
(1) shall include--
(A) a description of the nonprofit entity's
expertise in providing technical assistance that shall
include evidence of--
(i) knowledge of transforming business and
program models providing employment using
special certificates to models providing
competitive integrated employment and
integrated services;
(ii) knowledge of methods for supporting
employers, including employers not receiving a
grant or assistance through a grant under title
I, to transform as described in clause (i);
(iii) experience working with nonprofit,
for-profit, Federal, State, and local agencies
focusing on employment of youth and adults who
are people with disabilities; and
(iv) experience working with people with
disabilities and their families;
(B) a description of the nonprofit entity's
expertise in providing, collecting, compiling,
communicating, and disseminating information about
program and systems change for programs serving people
with disabilities that shall include--
(i) expertise documenting program change;
(ii) experience compiling recommended
practices related to program transformations;
(iii) expertise regarding competitive
integrated employment for youth and adults who
are people with disabilities;
(iv) expertise working with people with
disabilities and their families through systems
change procedures;
(v) expertise creating accessible products
to disseminate learned information, including
through web-based means;
(vi) experience creating accessible
websites to disseminate information;
(vii) experience working with nonprofit,
for-profit, Federal, State, and local agencies
focusing on employment of youth and adults who
are people with disabilities;
(viii) experience with assisting youth who
are people with disabilities in transitioning
from receiving services under the Individuals
with Disabilities Education Act (20 U.S.C. 1401
et seq.) and from kindergarten through grade 12
to inclusive postsecondary education and
competitive integrated employment; and
(ix) experience leveraging resources,
available through the Office of Disability
Employment Policy and the Employment and
Training Administration, that are designed to
provide effective and efficient services to job
seekers who are people with disabilities in
competitive integrated employment settings; and
(C) a description of the individuals at the
nonprofit entity who will be responsible for carrying
out the activities under this title.
(3) Duration of award.--A grant under this section shall be
awarded for a period of 6 years, and shall be non-renewable.
(4) Nonprofit entity defined.--In this section, the term
``nonprofit entity'' means a nonprofit entity with expertise in
collecting, compiling, communicating, and disseminating
information about program and systems change for programs
serving people with disabilities.
TITLE IV--REPORTING AND EVALUATION
SEC. 401. IMPACT EVALUATION AND REPORTING.
(a) In General.--Not later than 6 months after the date of
enactment of this Act, the Secretary shall enter into a contract with a
nonprofit entity with experience in conducting evaluations of program
and systems change efforts to--
(1) conduct a multi-year evaluation on the impact of this
Act, including the amendments made by this Act, with respect to
people with disabilities (including such people receiving a
wage rate under section 14(c) of the Fair Labor Standards Act
of 1938 (29 U.S.C. 214(c)), as amended by title II); and
(2) prepare the reports described in subsection (c).
(b) Evaluation.--In carrying out subsection (a)(1), the nonprofit
entity awarded a contract under this section shall evaluate--
(1) changes in wages and employment for people described in
subsection (a)(1); and
(2) actions taken by employers and States to comply with
the amendments made by title II and, in the case of an employer
or State receiving funds under title I, to comply with the
transformation requirements under such title.
(c) Reports.--The Secretary shall submit 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, the
following reports on the evaluation conducted under subsection (a)(1):
(1) An interim report on the evaluation, not later than 3
years after the evaluation commences under subsection (a)(1).
(2) A final report on such evaluation, not later than 18
months after the date on which the legal effect of special
certificates expire pursuant to paragraph (7) of section 14(c)
of the Fair Labor Standards Act of 1938 (29 U.S.C. 214(c)), as
added by title II.
SEC. 402. WAGE AND HOUR REPORTS.
(a) In General.--For each year of the 5-year period described in
section 14(c)(1)(A) of the Fair Labor Standards Act of 1938 (29 U.S.C.
214(c)(1)(A)), as amended by title II, the Secretary (acting through
the Administrator of the Wage and Hour Division), in coordination with
the Civil Rights Division of the Department of Justice, shall submit 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, an annual report summarizing practices of employers
providing employment using special certificates, which, with respect to
the preceding year, shall include--
(1) the number of employees (of such employers) who are
people with disabilities and who are compensated at a rate that
is less than--
(A) the higher of the rate specified in section
6(a)(1) of the Fair Labor Standards Act of 1938 (29
U.S.C. 206(a)(1)) or the rate specified in the
applicable State or local minimum wage law; or
(B) the customary rate paid by the employer for the
same or similar work performed by other employees who
are not people with disabilities, and who are similarly
situated in similar occupations by the same employer
and who have similar training, experience, and skills;
(2) the type of employment setting (such as segregated
employment or competitive integrated employment) and the
integrated services provided by such employers;
(3) the average hourly wage, minimum and maximum hourly
wage, and average hours worked per week of employees described
in paragraph (1), disaggregated by employer and by State;
(4) the aggregate demographic characteristics of employees
described in paragraph (1), including the gender, ethnicity,
race, and type of disability of such employees; and
(5) the number of employees who have transitioned from
employment provided under a special certificate to competitive
integrated employment, disaggregated by employer and by State.
(b) Report on Audit of Existing Special Certificate Holders.--Not
later than 1 year after the date of enactment of this Act, the
Secretary (acting through the Administrator of the Wage and Hour
Division) shall--
(1) conduct an audit of not less than 10 percent of
employers providing employment to employees using special
certificates, as of the date of enactment of this Act, which
shall include an audit of--
(A) the training and support provided to such
employees to promote their transition to competitive
integrated employment;
(B) the actions taken by employers to identify
competitive integrated employment for such employees;
and
(C) the wages of such employees, including whether
such wages are at a rate that is less than--
(i) the higher of the rate specified in
section 6(a)(1) of the Fair Labor Standards Act
of 1938 (29 U.S.C. 206(a)(1)) or the rate
specified in the applicable State or local
minimum wage law; or
(ii) the customary rate paid by the
employer for the same or similar work performed
by other employees who are not people with
disabilities, and who are similarly situated in
similar occupations by the same employer and
who have similar training, experience, and
skills; and
(2) submit a report on such audit to the Committee on
Health, Education, Labor, and Pensions of the Senate, the
Special Committee on Aging of the Senate, and the Committee on
Education and the Workforce of the House of Representatives.
TITLE V--GENERAL PROVISIONS
SEC. 501. DEFINITIONS.
In this Act:
(1) ABLE account.--The term ``ABLE account'' has the
meaning given such term in section 529A(e)(6) of the Internal
Revenue Code of 1986.
(2) Competitive integrated employment.--The term
``competitive integrated employment'' has the meaning given the
term in section 7(5) of the Rehabilitation Act of 1973 (29
U.S.C. 705(5)).
(3) Disability.--The term ``disability'' includes any
intellectual, developmental, mental health, or other
disability.
(4) Integrated community participation and wraparound
services; integrated services.--
(A) In general.--Except as provided in subparagraph
(B), the terms ``integrated community participation and
wraparound services'' or ``integrated services'' mean
services for people with disabilities that are--
(i) designed to assist such people in
developing skills and abilities to reside
successfully in home and community-based
settings;
(ii) provided in accordance with a person-
centered written plan of care;
(iii) created using evidence-based
practices that lead to such people--
(I) maintaining competitive
integrated employment;
(II) achieving independent living;
or
(III) maximizing socioeconomic
self-sufficiency, optimal independence,
and full participation in the
community;
(iv) provided in a community location that
is not specifically intended for people with
disabilities;
(v) provided in a location that--
(I) allows the people receiving the
services to interact with people
without disabilities to the fullest
extent possible; and
(II) makes it possible for the
people receiving the services to access
community resources that are not
specifically intended for people with
disabilities and to have the same
opportunity to participate in the
community as people who do not have a
disability;
(vi) provided in multiple locations to
allow the individual receiving the services to
have options, thereby--
(I) optimizing individual
initiative, autonomy, and independence;
and
(II) facilitating choice regarding
services and supports, and choice
regarding the provider of such
services; and
(vii) in compliance with the final rule of
the Department of Health and Human Services
entitled ``Medicaid Program; State Plan Home
and Community-Based Services, 5-Year Period for
Waivers, Provider Payment Reassignment, and
Home and Community-Based Setting Requirements
for Community First Choice and Home and
Community-Based Services (HCBS) Waivers'' (79
Fed. Reg. 2948 (January 16, 2014)), or a
successor rule.
(B) Exclusions.--The terms ``integrated community
participation and wraparound services'' or ``integrated
services'' shall not include a service provided in any
of the following settings:
(i) A nursing facility.
(ii) An institution for people with mental
diseases.
(iii) An intermediate care facility for
people with intellectual disabilities.
(iv) A congregate setting in which an
individual does not have the ability, at the
time preferred by the individual and in
accordance with other preferences of the
individual, to access services supporting the
full inclusion and engagement of the individual
in the greater community.
(5) Local board; local plan.--The terms ``local board'' and
``local plan'' have the meanings given such terms in section 3
of the Workforce Innovation and Opportunity Act (29 U.S.C.
3102).
(6) Olmstead decision.--The term ``Olmstead decision''
means the decision of the Supreme Court of the United States in
Olmstead v. L.C., 527 U.S. 581 (1999).
(7) Olmstead plan.--The term ``Olmstead plan'', with
respect to a State, means the plan of the State for complying
with the holding in the Olmstead decision.
(8) People with disabilities.--The term ``people with
disabilities'' includes individuals described in section
14(c)(1) of the Fair Labor Standards Act of 1938 (29 U.S.C.
214(c)(1)).
(9) Secretary.--The term ``Secretary'' means the Secretary
of Labor.
(10) Special certificate.--The term ``special certificate''
means a special certificate issued under section 14(c) of the
Fair Labor Standards Act of 1938 (29 U.S.C. 214(c)).
(11) State.--The term ``State'' means each of the 50
States, the District of Columbia, the Commonwealth of Puerto
Rico, and the territory of Guam.
(12) State board.--The term ``State board'' has the meaning
given such term in section 3 of the Workforce Innovation and
Opportunity Act.
(13) Workforce development system.--The term ``workforce
development system'' has the meaning given such term in section
3 of the Workforce Innovation and Opportunity Act.
SEC. 502. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--There is authorized to be appropriated to carry
out this Act, $200,000,000 for each of fiscal years 2024 through 2028.
(b) Technical Assistance.--From amounts made available under
subsection (a) for each fiscal year, 1 percent shall be allocated for
the activities under title III.
<all>
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118S534
|
Buffalo Tract Protection Act
|
[
[
"H001046",
"Sen. Heinrich, Martin [D-NM]",
"sponsor"
],
[
"L000570",
"Sen. Lujan, Ben Ray [D-NM]",
"cosponsor"
]
] |
<p><b>Buffalo Tract Protection Act</b></p> <p>This bill withdraws specified Bureau of Land Management lands in Placitas, New Mexico, from (1) location, entry, and patent under the mining laws; and (2) disposition under the mineral leasing, mineral materials, and geothermal leasing laws.</p> <p>Any conveyance of the surface estate of such federal land shall require a reservation of the mineral estate to the United States.</p>
|
<html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 534 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 534
To withdraw certain Bureau of Land Management land from mineral
development.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
February 27, 2023
Mr. Heinrich (for himself and Mr. Lujan) introduced the following bill;
which was read twice and referred to the Committee on Energy and
Natural Resources
_______________________________________________________________________
A BILL
To withdraw certain Bureau of Land Management land from mineral
development.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Buffalo Tract Protection Act''.
SEC. 2. WITHDRAWAL.
(a) In General.--Subject to valid existing rights, the Federal land
described in subsection (b) is withdrawn from all forms of--
(1) location, entry, and patent under the mining laws; and
(2) disposition under the mineral leasing, mineral
materials, and geothermal leasing laws.
(b) Description.--The Federal land referred to in subsections (a)
and (c) is the approximately 4,288 acres of land administered by the
Director of the Bureau of Land Management and generally depicted as
``Tract A'', ``Tract B'', ``Tract C'', and ``Tract D'' on the map
entitled ``Placitas, New Mexico Area Map'' and dated November 13, 2019.
(c) Surface Estate.--
(1) In general.--Subject to the reservation of the mineral
estate under paragraph (2), nothing in this Act prohibits the
Secretary of the Interior from conveying the surface estate of
the Federal land described in subsection (b) in accordance
with--
(A) the Federal Land Policy and Management Act of
1976 (43 U.S.C. 1701 et seq.); or
(B) the Act of June 14, 1926 (commonly known as the
``Recreation and Public Purposes Act'') (43 U.S.C. 869
et seq.).
(2) Mineral estate.--Any conveyance of the surface estate
of the Federal land described in subsection (b) shall require a
reservation of the mineral estate to the United States.
<all>
</pre></body></html>
|
[
"Public Lands and Natural Resources",
"Land transfers",
"Mining",
"New Mexico"
] |
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118S535
|
Bureau of Land Management Mineral Spacing Act
|
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"sponsor"
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"Sen. Barrasso, John [R-WY]",
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],
[
"D000618",
"Sen. Daines, Steve [R-MT]",
"cosponsor"
]
] |
<html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 535 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 535
To streamline the oil and gas permitting process and to recognize fee
ownership for certain oil and gas drilling or spacing units, and for
other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
February 27, 2023
Mr. Hoeven (for himself, Mr. Barrasso, Mr. Cramer, and Mr. Daines)
introduced the following bill; which was read twice and referred to the
Committee on Energy and Natural Resources
_______________________________________________________________________
A BILL
To streamline the oil and gas permitting process and to recognize fee
ownership for certain oil and gas drilling or spacing units, and for
other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Bureau of Land Management Mineral
Spacing Act''.
SEC. 2. COMPLIANCE WITH BLM PERMITTING.
(a) In General.--Notwithstanding the Mineral Leasing Act (30 U.S.C.
181 et seq.), the Federal Oil and Gas Royalty Management Act of 1982
(30 U.S.C. 1701 et seq.), or subpart 3162 of title 43, Code of Federal
Regulations (or successor regulations), but subject to any State or
Tribal requirements and subsection (c), the Secretary of the Interior
shall not require a permit to drill for an oil and gas lease under the
Mineral Leasing Act (30 U.S.C. 181 et seq.) for an action occurring
within an oil and gas drilling or spacing unit if--
(1) less than 50 percent of the minerals within the oil and
gas drilling or spacing unit are minerals owned by the Federal
Government; and
(2) the Federal Government does not own or lease the
surface estate within the area directly impacted by the action.
(b) Notification.--For each State permit to drill or drilling plan
that would impact or extract oil and gas owned by the Federal
Government--
(1) each lessee, or designee of a lessee, shall--
(A) notify the Secretary of the Interior of the
submission of a State application for a permit to drill
or drilling plan on submission of the application; and
(B) provide a copy of the application described in
subparagraph (A) to the Secretary of the Interior not
later than 5 days after the date on which the permit or
plan is submitted; and
(2) each lessee, designee of a lessee, or applicable State
shall notify the Secretary of the Interior of the approved
State permit to drill or drilling plan not later than 45 days
after the date on which the permit or plan is approved.
(c) Nonapplicability to Indian Lands.--Subsection (a) shall not
apply to Indian lands (as defined in section 3 of the Federal Oil and
Gas Royalty Management Act of 1982 (30 U.S.C. 1702)).
(d) Effect.--Nothing in this section affects--
(1) other authorities of the Secretary of the Interior
under the Federal Oil and Gas Royalty Management Act of 1982
(30 U.S.C. 1701 et seq.); or
(2) the amount of royalties due to the Federal Government
from the production of the Federal minerals within the oil and
gas drilling or spacing unit.
<all>
</pre></body></html>
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[
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|
118S536
|
A bill to authorize the confiscation of assets of the Russian Federation and the use of such assets to offset costs to the United States of assistance to Ukraine.
|
[
[
"D000618",
"Sen. Daines, Steve [R-MT]",
"sponsor"
],
[
"C001096",
"Sen. Cramer, Kevin [R-ND]",
"cosponsor"
]
] |
<html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 536 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 536
To authorize the confiscation of assets of the Russian Federation and
the use of such assets to offset costs to the United States of
assistance to Ukraine.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
February 27, 2023
Mr. Daines (for himself and Mr. Cramer) introduced the following bill;
which was read twice and referred to the Committee on Banking, Housing,
and Urban Affairs
_______________________________________________________________________
A BILL
To authorize the confiscation of assets of the Russian Federation and
the use of such assets to offset costs to the United States of
assistance to Ukraine.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. CONFISCATION OF ASSETS OF RUSSIAN FEDERATION; USE TO OFFSET
COSTS TO UNITED STATES OF AID TO UKRAINE.
(a) In General.--The President shall--
(1) confiscate, through instructions or licenses or in such
other manner as the President determines appropriate, funds of
the Government of the Russian Federation that are subject to
the jurisdiction of the United States; and
(2) deposit funds confiscated under paragraph (1) in the
general fund of the Treasury to offset the costs of amounts
appropriated by any Act making emergency supplemental
appropriations for assistance for the situation in Ukraine for
the fiscal year ending September 30, 2023.
(b) Vesting.--All right, title, and interest in funds confiscated
under subsection (a) shall vest in the Government of the United States.
<all>
</pre></body></html>
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[
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118S537
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FOCA Act
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<p><b>Fair and Open Competition Act </b><strong>or the FOCA Act</strong></p> <p>This bill prohibits federal construction contracts or controlling documents for federally supported construction projects from requiring or prohibiting project labor agreements. Such documents also may not discriminate against or give preference to a bidder or contractor who signs or refuses to sign a project labor agreement.</p> <p>An agency may exempt a project from this prohibition to avert an imminent threat to public health or safety or to serve the national security.
|
<html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 537 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 537
To preserve open competition and Federal Government neutrality towards
the labor relations of Federal Government contractors on Federal and
federally funded construction projects, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
February 27, 2023
Mr. Young (for himself, Mr. Budd, Mr. Cramer, Mr. Risch, Mr. Wicker,
Mr. Hoeven, Mrs. Blackburn, Mr. Scott of Florida, Mr. Paul, Mr. Scott
of South Carolina, Mr. Crapo, Mr. Lee, Mr. Grassley, Mr. Tillis, Mr.
Cornyn, Mr. Hagerty, Mr. Cruz, Mr. Marshall, 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 preserve open competition and Federal Government neutrality towards
the labor relations of Federal Government contractors on Federal and
federally funded construction projects, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Fair and Open Competition Act'' or
the ``FOCA Act''.
SEC. 2. PURPOSES.
It is the purpose of this Act to--
(1) promote and ensure open competition on Federal and
federally funded or assisted construction projects;
(2) maintain Federal Government neutrality towards the
labor relations of Federal Government contractors on Federal
and federally funded or assisted construction projects;
(3) reduce construction costs to the Federal Government and
to the taxpayers;
(4) expand job opportunities, especially for small and
disadvantaged businesses; and
(5) prevent discrimination against Federal Government
contractors or their employees based upon labor affiliation or
the lack thereof, thereby promoting the economical,
nondiscriminatory, and efficient administration and completion
of Federal and federally funded or assisted construction
projects.
SEC. 3. PRESERVATION OF OPEN COMPETITION AND FEDERAL GOVERNMENT
NEUTRALITY.
(a) Prohibition.--
(1) General rule.--The head of each executive agency that
awards or enters into any construction contract or that
obligates funds pursuant to such a contract, shall ensure that
the agency, and any construction manager acting on behalf of
the Federal Government with respect to such contract, in its
bid specifications, project agreements, or other controlling
documents does not--
(A) require or prohibit a bidder, offeror,
contractor, or subcontractor from entering into, or
adhering to, agreements with 1 or more labor
organizations, with respect to that construction
project or another related construction project; or
(B) discriminate against or give preference to a
bidder, offeror, contractor, or subcontractor because
such bidder, offeror, contractor, or subcontractor--
(i) becomes a signatory, or otherwise
adheres to, an agreement with 1 or more labor
organizations with respect to that construction
project or another related construction
project; or
(ii) refuses to become a signatory, or
otherwise adhere to, an agreement with 1 or
more labor organizations with respect to that
construction project or another related
construction project.
(2) Application of prohibition.--This subsection shall
apply with respect to--
(A) contracts awarded on or after the date of the
enactment of this Act; and
(B) subcontracts awarded under such contracts.
(3) Rule of construction.--Nothing in paragraph (1) may be
construed to prohibit a contractor or subcontractor from
voluntarily entering into an agreement described in such
paragraph.
(4) Federal acquisition regulation.--Not later than 60 days
after the date of the enactment of this Act, the Federal
Acquisition Regulation shall be revised to implement the
provisions of this subsection.
(b) Recipients of Grants and Other Assistance.--The head of each
executive agency that awards grants, provides financial assistance, or
enters into cooperative agreements for construction projects after the
date of the enactment of this Act shall ensure that--
(1) the bid specifications, project agreements, or other
controlling documents for such construction projects of a
recipient of a grant or financial assistance, or by the parties
to a cooperative agreement, do not contain any of the
requirements or prohibitions described in subparagraph (A) or
(B) of subsection (a)(1); or
(2) the bid specifications, project agreements, or other
controlling documents for such construction projects of a
construction manager acting on behalf of a recipient or party
described in paragraph (1) do not contain any of the
requirements or prohibitions described in subparagraph (A) or
(B) of subsection (a)(1).
(c) Failure To Comply.--If an executive agency, a recipient of a
grant or financial assistance from an executive agency, a party to a
cooperative agreement with an executive agency, or a construction
manager acting on behalf of such an agency, recipient, or party, fails
to comply with subsection (a) or (b), the head of the executive agency
awarding the contract, grant, or assistance, or entering into the
agreement involved, shall take such action, consistent with the law, as
the head of such agency determines to be appropriate.
(d) Exemptions.--
(1) In general.--The head of an executive agency may exempt
a particular project, contract, subcontract, grant, or
cooperative agreement from the requirements of 1 or more of the
provisions of subsections (a) and (b) if the head of such
agency determines that special circumstances exist that require
an exemption in order to avert an imminent threat to public
health or safety or to serve the national security.
(2) Special circumstances.--For purposes of paragraph (1),
a finding of special circumstances may not be based on the
possibility or existence of a labor dispute concerning
contractors or subcontractors that are nonsignatories to, or
that otherwise do not adhere to, agreements with 1 or more
labor organizations, or labor disputes concerning employees on
the project who are not members of, or affiliated with, a labor
organization.
(3) Additional exemption for certain projects.--The head of
an executive agency, upon application of an awarding authority,
a recipient of grants or financial assistance, a party to a
cooperative agreement, or a construction manager acting on
behalf of any of such entities, may exempt a particular project
from the requirements of any or all of the provisions of
subsection (a) or (b), if the head of such agency finds--
(A) that the awarding authority, recipient of
grants or financial assistance, party to a cooperative
agreement, or construction manager acting on behalf of
any of such entities had issued or was a party to, as
of the date of the enactment of this Act, bid
specifications, project agreements, agreements with 1
or more labor organizations, or other controlling
documents with respect to that particular project,
which contained any of the requirements or prohibitions
set forth in subsection (a)(1); and
(B) that 1 or more construction contracts subject
to such requirements or prohibitions had been awarded
as of the date of the enactment of this Act.
(e) Definitions.--In this section:
(1) Construction contract.--The term ``construction
contract'' means any contract for the construction,
rehabilitation, alteration, conversion, extension, or repair of
buildings, highways, or other improvements to real property.
(2) Executive agency.--The term ``executive agency'' has
the meaning given the term ``Executive agency'' in section 105
of title 5, United States Code, except that such term does not
include the Government Accountability Office.
(3) Labor organization.--The term ``labor organization''
has the meaning given such term in section 701 of the Civil
Rights Act of 1964 (42 U.S.C. 2000e).
<all>
</pre></body></html>
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[
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118S538
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FORCE Act
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<html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 538 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 538
To prohibit the removal of Cuba from the list of state sponsors of
terrorism until Cuba satisfies certain conditions, and for other
purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
February 27, 2023
Mr. Rubio (for himself, Mr. Cruz, and Mr. Scott of Florida) introduced
the following bill; which was read twice and referred to the Committee
on Foreign Relations
_______________________________________________________________________
A BILL
To prohibit the removal of Cuba from the list of state sponsors of
terrorism until Cuba satisfies certain conditions, and for 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 ``Fighting Oppression until the Reign
of Castro Ends Act'' or the ``FORCE Act''.
SEC. 2. STATEMENT OF POLICY.
It shall be the policy of the United States--
(1) to support the Cuban people's desire to hold free and
fair elections, which are supervised by respected international
observers that respect the people of Cuba's desire for freedom
and democracy;
(2) to encourage the international community to raise their
voices in support of the Cuban people's desire to live freely;
and
(3) to demand the release of all political prisoners in
Cuba.
SEC. 3. PROHIBITION ON REMOVAL.
(a) In General.--Notwithstanding any other provision of law,
neither the President nor the Secretary of State may remove Cuba from
the list of state sponsors of terrorism until the President makes the
determination described in section 205 of the Cuban Liberty and
Democratic Solidarity (LIBERTAD) Act of 1996 (22 U.S.C. 6065).
(b) Defined Term.--In this section, the term ``state sponsor of
terrorism'' means a country the government of which the Secretary of
State determines has repeatedly provided support for international
terrorism pursuant to--
(1) section 1754(c)(1)(A) of the Export Control Reform Act
of 2018 (50 U.S.C. 4318(c)(1)(A));
(2) section 620A of the Foreign Assistance Act of 1961 (22
U.S.C. 2371);
(3) section 40 of the Arms Export Control Act (22 U.S.C.
2780); or
(4) any other provision of law.
SEC. 4. REPORT.
(a) In General.--Not later than 180 days after the date of the
enactment of this Act, the President shall submit a report to the
Committee on Foreign Relations of the Senate, the Select Committee on
Intelligence of the Senate, the Committee on Foreign Affairs of the
House of Representatives, and the Permanent Select Committee on
Intelligence of the House of Representatives that identifies all
terrorists and fugitives who--
(1)(A) have been convicted for a terrorism-related offense
in a United States court;
(B) fled the United States after being indicted for a
terrorism-related offense, but before standing trial; or
(C) are members of a foreign terrorist organization; and
(2) are being provided safe haven in Cuba.
(b) Form.--Each report submitted under this section shall be
submitted in unclassified form, but may include a classified annex.
SEC. 5. PROHIBITION OF FINANCIAL TRANSACTIONS BENEFITTING THE CUBAN
REGIME.
(a) In General.--No person subject to the jurisdiction of the
United States may engage in a direct financial transaction, including
electronic remittances, with any entity or subentity that the Secretary
of State, in consultation with the Secretary of the Treasury,
determines to be under the control of, or acting for or on behalf of,
the Cuban military, intelligence, or security services or personnel
with which direct financial transactions would disproportionately
benefit such services or personnel at the expense of the Cuban people
or private enterprise in Cuba.
(b) Sense of Congress Regarding Sanctions.--It is the sense of
Congress that the Secretary of the Treasury should expand and tighten
sanctions programs to ensure beneficial ownership disclosure and
material support clauses to penalize tax havens for entities used by
sanctioned countries, as was recently disclosed in the OpenLux
investigation of the Cuban military's use of destinations such as
Liechtenstein, Luxembourg, and Hong Kong.
SEC. 6. IMPLEMENTATION.
(a) Update and Publication of Entity List.--Not later than 90 days
after the date of the enactment of this Act, and annually thereafter,
the Secretary of State shall--
(1) in furtherance of the regulatory changes described in
this section, identify the entities or subentities, as
appropriate, that are under the control of, or act for or on
behalf of, the Cuban military, intelligence, or security
services or personnel, including GAESA, its affiliates,
subsidiaries, and successors;
(2) update a list of the entities and subentities
identified pursuant to paragraph (1) with which direct
financial transactions would disproportionately benefit such
services or personnel at the expense of the Cuban people or
private enterprise in Cuba; and
(3) make the list updated pursuant to paragraph (2)
available to the public.
(b) Limitation.--
(1) Prohibited transactions.--Except as provided in
subsection (a) and section 8, the regulatory changes described
in this section shall prohibit direct financial transactions
with any entity or subentity on the list updated pursuant to
subsection (a)(2).
(2) Allowed transactions.--The regulatory changes described
in this section may not prohibit any transaction that the
Secretary of the Treasury or the Secretary of Commerce, in
coordination with the Secretary of State, determines is
consistent with the policy of the United States, including
transactions concerning--
(A) Federal Government operations, including
operations at the Naval Station at Guantanamo Bay and
at the United States mission in Havana;
(B) programs seeking to build democracy in Cuba;
(C) air and sea operations that support permissible
travel, cargo, or trade;
(D) the acquisition of visas for permissible
travel;
(E) the expansion of direct telecommunications and
internet access for the Cuban people;
(F) the sale of agricultural commodities,
medicines, and medical devices sold to Cuba in
accordance with the Trade Sanctions Reform and Export
Enhancement Act of 2000 (22 U.S.C. 7201 et seq.) and
the Cuban Democracy Act of 2002 (22 U.S.C. 6001 et
seq.);
(G) sending, processing, or receiving authorized
remittances that do not wholly, or in any part, benefit
any entity or subentity on the list updated pursuant to
subsection (a)(2);
(H) furthering the national security or foreign
policy interests of the United States; or
(I) any other activity that is required by law.
(c) Protection of National Interests.--Any activity conducted
pursuant to subsection (a) or (b) shall be carried out in a manner that
furthers the national interests of the United States, including by
appropriately protecting sensitive sources, methods, and operations of
the Federal Government.
SEC. 7. REPORTING REQUIREMENTS.
(a) Defined Term.--In this section, the term ``appropriate
congressional committees'' means--
(1) the Committee on Foreign Relations of the Senate;
(2) the Select Committee on Intelligence of the Senate;
(3) the Committee on Homeland Security and Governmental
Affairs of the Senate;
(4) the Committee on Foreign Affairs of the House of
Representatives;
(5) the Permanent Select Committee on Intelligence of the
House of Representatives; and
(6) the Committee on Homeland Security of the House of
Representatives.
(b) Report on the Involvement of Fidel Castro, Raul Castro, and
Miguel Diaz-Canel in Public Corruption and Other Illicit Activities.--
Not later than 60 days after the date of the enactment of this Act, the
Secretary of State, acting through the Bureau of Intelligence and
Research of the Department of State, and in coordination with the
Director of National Intelligence, shall submit a report to the
appropriate congressional committees that describes--
(1) significant acts of public corruption in Cuba that--
(A) involve--
(i) members of El Partido Comunista de
Cuba; or
(ii) senior officials of the Cuban regime,
including members of La Asamblea Nacional del
Poder Popular, GAESA, and the Ministerio del
Interior;
(B) pose challenges for United States national
security and regional stability;
(C) impede the realization of freedom of
expression; or
(D) infringe upon the fundamental freedoms of civil
society and political opponents in Cuba; and
(2) activities of the Maduro regime in Venezuela taking
place in Cuba, including--
(A) cooperation between Venezuela and Cuba's
military personnel, intelligence services, and security
forces;
(B) cooperation related to telecommunications and
satellite navigation;
(C) other political and economic cooperation with
the Government of Cuba; and
(D) the threats and risks that such activities pose
to United States national interests and national
security.
(c) Notification of Any Engagement of the United States With
Cuba.--The Secretary of State, in coordination with the Secretary of
the Treasury, the Secretary of Defense, the Attorney General, the
Secretary of Commerce, and the Secretary of Homeland Security, shall
notify the appropriate congressional committees of any engagement of
the United States with Cuba not later than 14 days after such
engagement to ensure that such engagement is advancing the interests of
the United States.
SEC. 8. TERMINATION.
The limitation set forth in section 6(b)(1) shall terminate on the
date that is 90 days after the date on which the President certifies to
Congress that the Government of Cuba--
(1) has taken the necessary steps to begin an electoral
process that is transparent, free, and fair in accordance with
sections 205 and 206 of the Cuban Liberty and Democratic
Solidarity (LIBERTAD) Act of 1996 (Public Law 104-114); and
(2) has met the requirements for the termination of the
economic embargo set forth in section 204 of such Act.
<all>
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|
118S539
|
Veterans Member Business Loan Act
|
[
[
"S001198",
"Sen. Sullivan, Dan [R-AK]",
"sponsor"
],
[
"H001042",
"Sen. Hirono, Mazie K. [D-HI]",
"cosponsor"
]
] |
<p><b>Veterans Member Business Loan Act</b></p> <p>This bill excludes from credit union aggregate loan limitations member business loans made to veterans. </p>
|
<html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 539 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 539
To amend the Federal Credit Union Act to exclude extensions of credit
made to veterans from the definition of a member business loan.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
February 28, 2023
Mr. Sullivan (for himself and Ms. Hirono) introduced the following
bill; which was read twice and referred to the Committee on Banking,
Housing, and Urban Affairs
_______________________________________________________________________
A BILL
To amend the Federal Credit Union Act to exclude extensions of credit
made to veterans from the definition of a member business loan.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Veterans Member Business Loan Act''.
SEC. 2. MEMBER BUSINESS LOAN DEFINITION.
(a) In General.--Section 107A(c) of the Federal Credit Union Act
(12 U.S.C. 1757a(c)) is amended--
(1) in paragraph (1)(B)--
(A) in clause (iv), by striking ``or'' at the end;
(B) in clause (v), by striking the period at the
end and inserting ``; or''; and
(C) by adding at the end the following:
``(vi) made to a veteran;'';
(2) in paragraph (2)(B)(ii), by striking ``and'' at the
end;
(3) in paragraph (3), by striking the period at the end and
inserting ``; and''; and
(4) by adding at the end the following:
``(4) the term `veteran' has the meaning given the term in
section 101 of title 38, United States Code.''.
(b) Effective Date.--The amendments made by subsection (a) shall
take effect on the date that is 180 days after the date of enactment of
this Act.
<all>
</pre></body></html>
|
[
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