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118S54
|
A bill to amend the Internal Revenue Code of 1986 to increase the limitation on the credit for biomass stoves and boilers.
|
[
[
"K000383",
"Sen. King, Angus S., Jr. [I-ME]",
"sponsor"
],
[
"C001035",
"Sen. Collins, Susan M. [R-ME]",
"cosponsor"
],
[
"S001181",
"Sen. Shaheen, Jeanne [D-NH]",
"cosponsor"
],
[
"H001076",
"Sen. Hassan, Margaret Wood [D-NH]",
"cosponsor"
],
[
"M001153",
"Sen. Murkowski, Lisa [R-AK]",
"cosponsor"
]
] |
<p>This bill increases the allowable amount of the energy efficient home improvement tax credit for biomass stoves and boilers.</p>
|
<html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 54 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 54
To amend the Internal Revenue Code of 1986 to increase the limitation
on the credit for biomass stoves and boilers.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
January 24 (legislative day, January 3), 2023
Mr. King (for himself, Ms. Collins, Mrs. Shaheen, Ms. Hassan, and Ms.
Murkowski) introduced the following bill; which was read twice and
referred to the Committee on Finance
_______________________________________________________________________
A BILL
To amend the Internal Revenue Code of 1986 to increase the limitation
on the credit for biomass stoves and boilers.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. INCREASED LIMITATION FOR BIOMASS STOVES AND BOILERS UNDER
ENERGY EFFICIENT HOME IMPROVEMENT CREDIT.
(a) In General.--Section 25C(b)(5) of the Internal Revenue Code of
1986 is amended--
(1) by striking ``shall not, in the aggregate, exceed'' and
all that follows and inserting the following: ``shall not
exceed--
``(A) with respect to amounts paid or incurred, in
the aggregate, for property described in clauses (i)
and (ii) of subsection (d)(2)(A), $2,000, and
``(B) with respect to amounts paid or incurred, in
the aggregate, for property described in subsection
(d)(2)(B), $8,000.''.
(b) Effective Date.--The amendment made by this section shall apply
to property placed in service after December 31, 2022.
<all>
</pre></body></html>
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118S540
|
Protect the West Act of 2023
|
[
[
"B001267",
"Sen. Bennet, Michael F. [D-CO]",
"sponsor"
],
[
"H000273",
"Sen. Hickenlooper, John W. [D-CO]",
"cosponsor"
],
[
"W000779",
"Sen. Wyden, Ron [D-OR]",
"cosponsor"
]
] |
<p><strong>Protect the West Act of 2023</strong><strong></strong></p> <p>This bill establishes and provides funding for the Restoration and Resilience Grant Program and the Restoration and Resilience Partnership Program.</p> <p>Specifically, the bill establishes in the Treasury an Outdoor and Watershed Restoration Fund to provide funding for such programs.</p> <p>The bill establishes a Restoration Fund Advisory Council to provide recommendations to the Department of Agriculture (USDA) respecting the disbursement of amounts from the fund for the grant program, priority setting for landscapes, and evaluation and monitoring for restoration and resilience project success.</p> <p>The grant program shall provide grants or pay-for-performance contracts to eligible entities (e.g., a state agency, a unit of local government, or a tribal government) for</p> <ul> <li>increasing the capacity for planning, coordinating, and monitoring restoration and resilience projects on nonfederal land and providing support for collaboration and monitoring on federal land; and</li> <li>supporting, on nonfederal land, restoration and resilience projects, efforts to improve wildfire resistive construction and reduce risks within the home ignition zone, and projects to expand equitable outdoor access.</li> </ul> <p>Under the Restoration and Resilience Partnership Program, USDA shall carry out restoration and resilience projects that reduce wildfire potential, improve community resilience in the wildland-urban interface, or restore wildlife habitat.</p>
|
<html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 540 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 540
To establish an Outdoor Restoration Fund for restoration and resilience
projects, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
February 28, 2023
Mr. Bennet (for himself, Mr. Hickenlooper, and Mr. Wyden) introduced
the following bill; which was read twice and referred to the Committee
on Agriculture, Nutrition, and Forestry
_______________________________________________________________________
A BILL
To establish an Outdoor Restoration Fund for restoration and resilience
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 ``Protect the West Act of 2023''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Council.--The term ``Council'' means the Restoration
Fund Advisory Council established by section 4(a).
(2) Covered authority.--The term ``covered authority''
means--
(A) the good neighbor authority established by
section 8206 of the Agricultural Act of 2014 (16 U.S.C.
2113a);
(B) the Water Source Protection Program under
section 303 of the Healthy Forests Restoration Act of
2003 (16 U.S.C. 6542);
(C) the Watershed Condition Framework established
under section 304 of the Healthy Forests Restoration
Act of 2003 (16 U.S.C. 6543);
(D) the stewardship end result contracting program
under section 604 of the Healthy Forests Restoration
Act of 2003 (16 U.S.C. 6591c);
(E) the Cooperative Forestry Assistance Act of 1978
(16 U.S.C. 2101 et seq.);
(F) the Joint Chiefs' Landscape Restoration
Partnership program;
(G) the Watershed Protection and Flood Prevention
Act (16 U.S.C. 1001 et seq.);
(H) the emergency watershed protection program
established under section 403 of the Agricultural
Credit Act of 1978 (16 U.S.C. 2203);
(I) the Collaborative Forest Landscape Restoration
Program established under section 4003 of Public Law
111-11 (16 U.S.C. 7303);
(J) the legacy roads and trails program of the
Department of Agriculture;
(K) the working lands for wildlife program of the
Department of Agriculture; and
(L) a conservation program under title XII of the
Food Security Act of 1985 (16 U.S.C. 3801 et seq.),
including the Regional Conservation Partnership program
under subtitle I of that title (16 U.S.C. 3871 et
seq.).
(3) Ecological integrity.--The term ``ecological
integrity'' has the meaning given the term in section 219.19 of
title 36, Code of Federal Regulations (as in effect on the date
of enactment of this Act).
(4) Eligible entity.--The term ``eligible entity'' means--
(A) a State agency;
(B) a unit of local government;
(C) a Tribal government;
(D) a regional government or quasi-governmental
organization;
(E) a special district; or
(F) a nonprofit organization.
(5) Fund.--The term ``Fund'' means the Outdoor and
Watershed Restoration Fund established by section 3(a).
(6) Grant program.--The term ``grant program'' means the
restoration and resilience grant program established by section
5(b).
(7) Restoration.--The term ``restoration'' has the meaning
given the term in section 219.19 of title 36, Code of Federal
Regulations (as in effect on the date of enactment of this
Act).
(8) Restoration and resilience project.--The term
``restoration and resilience project'' means a project carried
out on Federal land, non-Federal land, or both, that is
designed in accordance with the best available science to
conduct restoration that measurably improves--
(A) forest conditions;
(B) rangeland and native grassland health;
(C) watershed function; or
(D) wildlife habitat.
(9) Secretary.--The term ``Secretary'' means the Secretary
of Agriculture.
(10) Wildland-urban interface.--The term ``wildland-urban
interface'' has the meaning given the term in section 101 of
the Healthy Forests Restoration Act of 2003 (16 U.S.C. 6511).
SEC. 3. OUTDOOR AND WATERSHED RESTORATION FUND.
(a) Establishment.--There is established in the Treasury an Outdoor
and Watershed Restoration Fund.
(b) Purpose.--The purpose of the Fund is to provide funding for the
grant program and the Restoration and Resilience Partnership Program
under section 6.
(c) Use.--Amounts in the Fund shall be used by the Secretary
through a transparent process--
(1) in coordination with the Council, to carry out the
grant program; and
(2) to carry out the Restoration and Resilience Partnership
Program under section 6.
(d) Savings Provisions.--
(1) Complementary programs.--Activities carried out under
this Act shall complement, not duplicate or replace, existing
Federal conservation, restoration, and resilience programs.
(2) Applicable law.--A restoration and resilience project
on Federal land or non-Federal land developed or implemented
using amounts provided under this Act shall be carried out in
accordance with applicable law and available authorities.
(e) Supplement, Not Supplant.--Amounts provided under this Act
shall supplement, not supplant, any Federal, State, or other funds
otherwise made available to an eligible entity for activities described
in this Act.
(f) Interagency Flexibility and Leverage.--To facilitate
interagency cooperation and enhance the speed and scale of results of
activities carried out using amounts in the Fund--
(1) matching funds or cost-sharing requirements of a
covered authority may be satisfied through the contribution of
funding from--
(A) 1 or more other covered authorities; or
(B) funds appropriated under section 8; and
(2) the Secretary shall modify, expand, or streamline
eligibility and verification criteria for covered authorities
to maximize flexibility, speed, and use of Federal funds in the
most effective manner to achieve outcomes of activities using
amounts in the Fund.
(g) Pay-for-Performance Contract Authority.--In using amounts in
the Fund, the Secretary may use a contract, grant agreement, or fixed
amount award to purchase successfully implemented restoration and
resilience project outcomes from qualifying projects, as determined by
the Secretary, at a negotiated per-unit price.
(h) Acceptance and Use of Contributions.--
(1) In general.--The Secretary of the Treasury, or a
designee, may establish in the Treasury an account to accept
contributions of non-Federal funds for the Fund.
(2) Deposit and use of contributions.--Contributions of
non-Federal funds received for the Fund shall be--
(A) deposited into the account established under
paragraph (1); and
(B) available to the Secretary, without further
appropriation and until expended, to carry out
activities described in subsection (c).
(i) Oversight.--Not later than 1 year after the date of enactment
of this Act, and annually thereafter, the Inspector General of the
Department of Agriculture shall prepare and submit to the Committees on
Agriculture, Nutrition, and Forestry and Appropriations of the Senate
and the Committees on Agriculture, Natural Resources, and
Appropriations of the House of Representatives a report describing the
use, and any abuse or misuse, as applicable, of the Fund by the
Secretary with respect to--
(1) the grant program; and
(2) the Restoration and Resilience Partnership Program
established by section 6.
SEC. 4. RESTORATION FUND ADVISORY COUNCIL.
(a) Establishment.--There is established a Restoration Fund
Advisory Council to provide recommendations to the Secretary with
respect to--
(1) the disbursement of amounts from the Fund for the grant
program;
(2) priority-setting for landscapes; and
(3) evaluation and monitoring for restoration and
resilience project success.
(b) Membership.--The Council shall be composed of--
(1) the Secretary;
(2) 12 members, to be appointed by the Secretary, of whom--
(A) 3 shall be representatives from resource-
dependent industries, including the agriculture, oil
and gas, outdoor recreation, or forest products
industries;
(B) 3 shall be national experts from each of the
fields of natural resource restoration, economic
development, and community and climate resilience;
(C) 3 shall be representatives of conservation,
wildlife, or watershed organizations;
(D) 1 shall be a representative of State
government;
(E) 1 shall be a representative of a unit of local
government; and
(F) 1 shall be a representative of a Tribal
government; and
(3) as determined to be necessary by the Secretary, not
more than 3 representatives from other Federal agencies.
(c) Report.--Not later than 1 year after the date of enactment of
this Act, and annually thereafter, the Secretary, in consultation with
the Council, shall submit to the Committee on Agriculture, Nutrition,
and Forestry and the Committee on Appropriations of the Senate and the
Committee on Agriculture, the Committee on Natural Resources, and the
Committee on Appropriations of the House of Representatives a report
describing--
(1) the status of any restoration and resilience projects
that received amounts from the Fund, including--
(A) environmental and climate benefits;
(B) restoration achievements;
(C) attainment of restoration and habitat
improvement objectives;
(D) jobs created and retained;
(E) the growth in outdoor industries that provide
capacity to carry out restoration and resilience
projects; and
(F) progress towards State-, Tribal-, and
community-level resilience goals; and
(2) recommendations to improve coordination, align Federal,
State, or Tribal resources or existing authorities, and expand
workforce capacity in outdoor industries that provide capacity
to carry out restoration and resilience projects through
legislative and administrative changes.
SEC. 5. RESTORATION AND RESILIENCE GRANT PROGRAM.
(a) Purposes.--The purposes of this section are--
(1) to increase the capacity for--
(A) planning, coordinating, and monitoring
restoration and resilience projects on non-Federal
land; and
(B) providing support for collaboration and
monitoring on Federal land; and
(2) to support, on non-Federal land--
(A) restoration and resilience projects;
(B) efforts to improve wildfire resistive
construction and reduce risks within the home ignition
zone; and
(C) projects to expand equitable outdoor access.
(b) Establishment.--There is established a restoration and
resilience grant program, to be administered by the Secretary, with the
guidance of the Council, to provide grants or pay-for-performance
contracts from the Fund to eligible entities for the purposes described
in subsection (a).
(c) Regional Coordination.--The Secretary and the Council shall, to
the maximum extent practicable--
(1) seek input from and coordinate with State or regional
efforts, initiatives, and partnerships to restore ecological
integrity on Federal land and non-Federal land; and
(2) complement or support existing State or regional
efforts, initiatives, and partnerships to restore ecological
integrity on Federal land and non-Federal land.
(d) Use of Funds.--
(1) In general.--The Secretary shall use amounts in the
Fund to provide capacity grants or pay-for-performance
contracts under paragraph (2) and implementation grants or pay-
for-performance contracts under paragraph (3).
(2) Capacity grants.--
(A) In general.--Capacity grants or pay-for-
performance contracts shall be made available to
eligible entities for the purpose described in
subsection (a)(1).
(B) Application.--
(i) In general.--A grant or pay-for-
performance contract under this paragraph may
only be made to an eligible entity that submits
to the Secretary an application at such time,
in such manner, and containing or accompanied
by such additional information as the
Secretary, in consultation with the Council,
may require, including the information required
under clause (ii).
(ii) Contents.--An application submitted
under clause (i) shall contain--
(I) a clear and concise expression
of interest;
(II) an explanation for how funds
would complement existing Federal
funds;
(III) a description of how the
proposed planning, coordinating, or
monitoring of restoration and
resilience projects would be carried
out in accordance with the best
available ecological restoration
science; and
(IV) an estimate of the number and
duration of jobs that provide capacity
to carry out restoration and resilience
projects that would be created, or
sustained, with the funds.
(C) Condition.--To the maximum extent practicable,
the Secretary shall provide grant-writing training and
mentoring opportunities for lower-capacity, less
collaborative experience, or underserved communities
and organizations to help lower the barriers to
participation in, and create more inclusion in and
opportunities under, the grant program.
(3) Implementation grants.--
(A) In general.--Implementation grants or pay-for-
performance contracts shall be made available to
eligible entities for the purpose described in
subsection (a)(2).
(B) Application.--A grant or pay-for-performance
contract under this paragraph may be made only to an
eligible entity that submits to the Secretary an
application at such time, in such manner, and
containing or accompanied by such information as the
Secretary, in consultation with the Council, may
require.
(C) Waiver.--The Secretary may waive matching
requirements under covered authorities for applicants
for grants or pay-for-performance contracts under this
paragraph representing lower-capacity, less
collaborative experience, or underserved communities
and organizations and rural communities.
(e) Priority.--In carrying out the grant program, the Secretary, in
consultation with the Council, shall give priority to projects that
would--
(1) create or sustain jobs, employ local or regional labor,
or expand the outdoor workforce to provide capacity to carry
out restoration and resilience projects or equitable outdoor
access through training and education programs;
(2) be developed through a collaborative process, relying
on the best available social ecological restoration science,
with multiple stakeholders representing diverse interests;
(3) address shared priorities for Federal and non-Federal
partners;
(4) advance State, local, and Tribal plans relating to
forests, water, wildlife, or equitable outdoor access;
(5) utilize watershed data analytics to quantify,
prioritize, and measure expected outcomes from proposed
restoration activities;
(6) be carried out by or in lower-capacity, less
collaborative experience, or underserved communities and
organizations; or
(7) improve long-term economic security in the geographic
region through restoration and resilience projects, equitable
outdoor access, and the indirect benefits of those projects and
access, particularly in geographic regions transitioning from
fossil-fuel extraction.
(f) Authorities.--Eligible entities may use existing authorities
when carrying out a restoration and resilience project, including a
covered authority.
SEC. 6. RESTORATION AND RESILIENCE PARTNERSHIP PROGRAM.
(a) Purposes.--The purposes of this section are--
(1) to restore and improve the ecological integrity of
forest, grassland, and rangeland ecosystems across the United
States in partnership with State, local, and Tribal
governments;
(2) to create or sustain outdoor jobs by reducing the
backlog of restoration and resilience projects on Federal land
and non-Federal land;
(3) to improve the resilience and carrying capacity of
rangelands in the United States by preventing or mitigating
invasive species, such as cheatgrass, that contribute to
rangeland fire; and
(4) to reduce uncharacteristic wildfires in the highest
risk areas of the United States by carrying out, in accordance
with applicable law, restoration and resilience projects.
(b) Establishment.--There is established a Restoration and
Resilience Partnership Program, under which the Secretary shall carry
out restoration and resilience projects in partnership areas designated
under subsection (c)(1).
(c) Designation of Partnership Areas.--
(1) In general.--Not later than 60 days after the date of
enactment of this Act, the Secretary shall designate, for the
purposes of carrying out restoration and resilience projects
under subsection (e), any areas of Federal land and non-Federal
land that the Secretary determines to be appropriate.
(2) Submission of partnership areas by states and tribes.--
(A) In general.--The Governor of a State or an
authorized representative of an Indian Tribe may submit
to the Secretary, in writing, a request to designate
certain Federal land or non-Federal land in the State
or Indian Country, respectively, for restoration and
resilience projects under subsection (e).
(B) Inclusions.--A written request submitted under
subparagraph (A) may include 1 or more maps or
recommendations.
(d) Requirements.--To be eligible for designation under subsection
(c), an area shall--
(1) have a high or very high wildfire potential as
determined by--
(A) the map of the Forest Service entitled
``Wildfire Hazard Potential Version 2020'';
(B) any other mapping resource or data source
approved by the Secretary that depicts the risk of
wildfires; or
(C) fire-risk assessment resources or mapping tools
maintained by the applicable State;
(2) have high-priority wildlife habitat urgently in need of
restoration, as determined by the Secretary, in consultation
with eligible entities and the applicable Governor or
representative of an Indian Tribe; or
(3) in the case of Federal land, be in the wildland-urban
interface.
(e) Restoration and Resilience Projects.--
(1) In general.--Subject to paragraphs (2) and (3), the
Secretary shall carry out restoration and resilience projects
on land designated under subsection (c).
(2) Priority.--The Secretary shall give priority to
restoration and resilience projects that would--
(A) focus on the reintroduction of characteristic,
low-intensity fire in frequent fire regime ecosystems;
(B) reduce hazardous fuels by focusing on small-
diameter trees, thinning, and strategic fuel breaks;
(C) maximize the retention of old and large trees,
as appropriate for the forest type;
(D) measurably improve habitat conditions for at-
risk wildlife;
(E) measurably improve water quality or water
quantity outcomes in waterways that flow through and
out of priority areas;
(F) establish plans for measuring project success
and environmental outcomes;
(G) promote community and homeowner involvement in
planning and implementing actions to mitigate the risk
posed by wildfire in the wildland-urban interface;
(H) emphasize proactive wildfire risk mitigation
actions in the wildland-urban interface; and
(I) increase fire adaption in communities located
within the wildland-urban interface.
(3) Coordination.--The Secretary shall carry out
restoration and resilience projects under this subsection--
(A) on Federal land, in coordination with the
Secretary of the Interior, as applicable; and
(B) on non-Federal land, in coordination with
eligible entities and other relevant stakeholders, as
determined by the Secretary.
(4) Requirements.--
(A) In general.--A restoration and resilience
project shall be carried out in accordance with--
(i) in the case of a restoration and
resilience project carried out on Federal land,
the management objectives of an applicable land
or resource management plan; and
(ii) applicable law.
(B) Inclusions.--The Secretary may use existing
authorities when carrying out a restoration and
resilience project on land designated under subsection
(c), including any covered authority.
(C) Exclusions.--A restoration and resilience
project may not be carried out--
(i) in a wilderness area or designated
wilderness study area;
(ii) to construct a permanent road or
trail;
(iii) on any Federal land on which, by an
Act of Congress or Presidential proclamation,
the removal of vegetation is restricted or
prohibited;
(iv) in an inventoried roadless area or
comparable roadless area defined by a State-
specific rule; or
(v) to remove old growth stands (as defined
in section 102(e)(1) of the Healthy Forests
Restoration Act of 2003 (16 U.S.C.
6512(e)(1))).
SEC. 7. OVERSIGHT.
Not later than 60 days after the date of enactment of this Act, the
Secretary shall submit to Congress a report that, with respect to
funding made available by the Infrastructure Investment and Jobs Act
(Public Law 117-58; 135 Stat. 429) or Public Law 117-169 (commonly
known as the ``Inflation Reduction Act of 2022'') for purposes of
forestry--
(1) explains the methodology for priority landscapes set by
the Secretary;
(2) describes the metrics the Secretary is using for
measuring performance and outcomes; and
(3) describes the allocation of funds to States, forests,
and Indian Tribes.
SEC. 8. FUNDING.
(a) In General.--There is appropriated, out of any money in the
Treasury not otherwise appropriated, $60,000,000,000 for the Fund, to
remain available until expended, of which--
(1) $20,000,000,000 shall be for the grant program; and
(2) $40,000,000,000 shall be for the Restoration and
Resilience Partnership Program under section 6, of which not
less than $20,000,000,000 shall be for the conduct of
restoration and resilience projects on Federal land under that
section.
(b) Workforce Needs and Expenses.--Funds made available under
subsection (a)(2) shall be available for staffing, salary, and other
workforce needs and expenses relating to the administration of the
Restoration and Resilience Partnership Program under section 6.
<all>
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118S541
|
Independent and Objective Oversight of Ukrainian Assistance Act
|
[
[
"K000393",
"Sen. Kennedy, John [R-LA]",
"sponsor"
],
[
"S001191",
"Sen. Sinema, Kyrsten [I-AZ]",
"cosponsor"
],
[
"H001079",
"Sen. Hyde-Smith, Cindy [R-MS]",
"cosponsor"
],
[
"C001096",
"Sen. Cramer, Kevin [R-ND]",
"cosponsor"
],
[
"G000386",
"Sen. Grassley, Chuck [R-IA]",
"cosponsor"
],
[
"S001217",
"Sen. Scott, Rick [R-FL]",
"cosponsor"
]
] |
<p><b>Independent and Objective Oversight of Ukrainian Assistance Act</b></p> <p>The bill establishes the Office of the Special Inspector General for Ukrainian Military, Economic, and Humanitarian Aid. </p> <p>The office's duties shall include (1) conducting and coordinating audits and investigations of the handing of funds made available for aid to Ukraine, and (2) monitoring and reviewing contracts and activities involving those funds. </p> <p>The Special Inspector General shall report directly to, and be under the general supervision of, the Secretary of State and Secretary of Defense. </p> <p>Federal agencies may not prevent the office from carrying out any audit or investigation related to aid to Ukraine. However, the office is not authorized to audit or investigate the intelligence community.</p> <p>The office shall terminate 180 days after the date on which there is less than $250 million in unexpended amounts that were made available for the reconstruction of Ukraine. <p> <p>
|
<html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 541 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 541
To provide for the independent and objective conduct and supervision of
audits and investigations relating to the programs and operations
funded with amounts appropriated or otherwise made available to Ukraine
for military, economic, and humanitarian aid.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
February 28, 2023
Mr. Kennedy (for himself, Ms. Sinema, Mrs. Hyde-Smith, and Mr. Cramer)
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 independent and objective conduct and supervision of
audits and investigations relating to the programs and operations
funded with amounts appropriated or otherwise made available to Ukraine
for military, economic, and humanitarian aid.
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 ``Independent and
Objective Oversight of Ukrainian Assistance Act''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Purposes.
Sec. 3. Definitions.
Sec. 4. Establishment of Office of the Special Inspector General for
Ukrainian Military, Economic, and
Humanitarian Aid.
Sec. 5. Assistant Inspectors General.
Sec. 6. Supervision.
Sec. 7. Duties.
Sec. 8. Powers and authorities.
Sec. 9. Personnel, facilities, and other resources.
Sec. 10. Reports.
Sec. 11. Transparency.
Sec. 12. Authorization of appropriations.
Sec. 13. Termination.
SEC. 2. PURPOSES.
The purposes of this Act are--
(1) to provide for the independent and objective conduct
and supervision of audits and investigations relating to the
programs and operations funded with amounts appropriated or
otherwise made available to Ukraine for military, economic, and
humanitarian aid;
(2) to provide for the independent and objective leadership
and coordination of, and recommendations concerning, policies
designed--
(A) to promote economic efficiency and
effectiveness in the administration of the programs and
operations described in paragraph (1); and
(B) to prevent and detect waste, fraud, and abuse
in such programs and operations; and
(3) to provide for an independent and objective means of
keeping the Secretary of State, the Secretary of Defense, and
the heads of other relevant Federal agencies fully and
currently informed about--
(A) problems and deficiencies relating to the
administration of the programs and operations described
in paragraph (1); and
(B) the necessity for, and the progress toward
implementing, corrective action related to such
programs.
SEC. 3. DEFINITIONS.
In this Act:
(1) Amounts appropriated or otherwise made available for
the military, economic, and humanitarian aid to ukraine.--The
term ``amounts appropriated or otherwise made available for the
military, economic, and humanitarian aid for Ukraine'' means
amounts appropriated or otherwise made available for any fiscal
year--
(A) for the Ukraine Security Assistance Initiative;
(B) for Foreign Military Financing funding for
Ukraine;
(C) to the Department of State under the heading
``nonproliferation, anti-terrorism, demining and
related programs''; and
(D) under titles III and VI of the Ukraine
Supplemental Appropriations Act (division N of Public
Law 117-103).
(2) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on Appropriations of the Senate;
(B) the Committee on Armed Services of the Senate;
(C) the Committee on Foreign Relations of the
Senate;
(D) the Committee on Homeland Security and
Governmental Affairs of the Senate;
(E) the Committee on Appropriations of the House of
Representatives;
(F) the Committee on Armed Services of the House of
Representatives;
(G) the Committee on Foreign Affairs of the House
of Representatives; and
(H) the Committee on Oversight and Reform of the
House of Representatives.
(3) Office.--The term ``Office'' means the Office of the
Special Inspector General for Ukrainian Military, Economic, and
Humanitarian Aid established under section 4(a).
(4) Special inspector general.--The term ``Special
Inspector General'' means the Special Inspector General for
Ukrainian Military, Economic, and Humanitarian Aid appointed
pursuant to section 4(b).
SEC. 4. ESTABLISHMENT OF OFFICE OF THE SPECIAL INSPECTOR GENERAL FOR
UKRAINIAN MILITARY, ECONOMIC, AND HUMANITARIAN AID.
(a) In General.--There is hereby established the Office of the
Special Inspector General for Ukrainian Military, Economic, and
Humanitarian Aid to carry out the purposes set forth in section 2.
(b) Appointment of Special Inspector General.--The head of the
Office shall be the Special Inspector General for Ukrainian Military,
Economic, and Humanitarian Aid, who shall be appointed by the
President. The first Special Inspector General shall be appointed not
later than 30 days after the date of the enactment of this Act.
(c) Qualifications.--The appointment of the Special Inspector
General shall be made solely on the basis of integrity and demonstrated
ability in accounting, auditing, financial analysis, law, management
analysis, public administration, or investigations.
(d) Compensation.--The annual rate of basic pay of the Special
Inspector General shall be the annual rate of basic pay provided for
positions at level IV of the Executive Schedule under section 5315 of
title 5, United States Code.
(e) Prohibition on Political Activities.--For purposes of section
7324 of title 5, United States Code, the Special Inspector General is
not an employee who determines policies to be pursued by the United
States in the nationwide administration of Federal law.
(f) Removal.--The Special Inspector General shall be removable from
office in accordance with section 3(b) of the Inspector General Act of
1978 (5 U.S.C. App.).
SEC. 5. ASSISTANT INSPECTORS GENERAL.
The Special Inspector General, in accordance with applicable laws
and regulations governing the civil service, shall appoint--
(1) an Assistant Inspector General for Auditing, who shall
supervise the performance of auditing activities relating to
programs and operations supported by amounts appropriated or
otherwise made available for military, economic, and
humanitarian aid to Ukraine; and
(2) an Assistant Inspector General for Investigations, who
shall supervise the performance of investigative activities
relating to the programs and operations described in paragraph
(1).
SEC. 6. SUPERVISION.
(a) In General.--Except as provided in subsection (b), the Special
Inspector General shall report directly to, and be under the general
supervision of, the Secretary of State and the Secretary of Defense.
(b) Independence To Conduct Investigations and Audits.--No officer
of the Department of Defense, the Department of State, the United
States Agency for International Development, or any other relevant
Federal agency may prevent or prohibit the Special Inspector General
from--
(1) initiating, carrying out, or completing any audit or
investigation related to amounts appropriated or otherwise made
available for the military, economic, and humanitarian aid to
Ukraine; or
(2) issuing any subpoena during the course of any such
audit or investigation.
SEC. 7. DUTIES.
(a) Oversight of Military, Economic, and Humanitarian Aid to
Ukraine Provided After February 24, 2022.--The Special Inspector
General shall conduct, supervise, and coordinate audits and
investigations of the treatment, handling, and expenditure of amounts
appropriated or otherwise made available for military, economic, and
humanitarian aid to Ukraine, and of the programs, operations, and
contracts carried out utilizing such funds, including--
(1) the oversight and accounting of the obligation and
expenditure of such funds;
(2) the monitoring and review of reconstruction activities
funded by such funds;
(3) the monitoring and review of contracts funded by such
funds;
(4) the monitoring and review of the transfer of such funds
and associated information between and among departments,
agencies, and entities of the United States and private and
nongovernmental entities;
(5) the maintenance of records regarding the use of such
funds to facilitate future audits and investigations of the use
of such funds;
(6) the monitoring and review of the effectiveness of
United States coordination with the Government of Ukraine,
major recipients of Ukrainian refugees, partners in the region,
and other donor countries;
(7) the investigation of overpayments (such as duplicate
payments or duplicate billing) and any potential unethical or
illegal actions of Federal employees, contractors, or
affiliated entities; and
(8) the referral of reports compiled as a result of such
investigations, as necessary, to the Department of Justice to
ensure further investigations, prosecutions, recovery of funds,
or other remedies.
(b) Other Duties Related to Oversight.--The Special Inspector
General shall establish, maintain, and oversee such systems,
procedures, and controls as the Special Inspector General considers
appropriate to discharge the duties described in subsection (a).
(c) Consultation.--The Special Inspector General shall consult with
the appropriate congressional committees before engaging in auditing
activities outside of Ukraine.
(d) Duties and Responsibilities Under Inspector General Act of
1978.--In addition to the duties specified in subsections (a) and (b),
the Special Inspector General shall have the duties and
responsibilities of inspectors general under the Inspector General Act
of 1978 (5 U.S.C. App.).
(e) Coordination of Efforts.--In carrying out the duties,
responsibilities, and authorities of the Special Inspector General
under this Act, the Special Inspector General shall coordinate with,
and receive cooperation from--
(1) the Inspector General of the Department of Defense;
(2) the Inspector General of the Department of State;
(3) the Inspector General of the United States Agency for
International Development; and
(4) the Inspector General of any other relevant Federal
agency.
SEC. 8. POWERS AND AUTHORITIES.
(a) Authorities Under Inspector General Act of 1978.--
(1) In general.--Except as provided in paragraph (2), in
carrying out the duties specified in section 7, the Special
Inspector General shall have the authorities provided under
section 6 of the Inspector General Act of 1978, including the
authorities under subsection (e) of such section.
(2) Limitation.--The Special Inspector General is not
authorized to audit or investigate the intelligence community
(as defined in section 3 of the National Security Act of 1947
(50 U.S.C. 3003)).
(b) Audit Standards.--The Special Inspector General shall carry out
the duties specified in section 7(a) in accordance with section 4(b)(1)
of the Inspector General Act of 1978.
(c) Expedited Hiring Authority.--
(1) In general.--Subject to paragraph (2), the Special
Inspector General may exercise any authority provided to the
head of a temporary organization under section 3161 of title 5,
United States Code, without regard to whether the Office
qualifies as a temporary organization under subsection (a) of
that section.
(2) Limitations.--With respect to the exercise of authority
under subsection (b) of section 3161 of title 5, United States
Code, as authorized under paragraph (1)--
(A) the Special Inspector General may not make any
appointment under that subsection on or after the later
of--
(i) the date that is 180 days after the
date of enactment of this Act; or
(ii) the date that is 180 days after the
date on which the Special Inspector General is
confirmed by the Senate;
(B) paragraph (2) of that subsection (relating to
periods of appointments) shall not apply; and
(C) no period of an appointment made under that
subsection may extend after the date on which the
Office terminates under section 13.
(3) Reemployment of annuitants.--
(A) In general.--Subject to subparagraph (B), if an
annuitant receiving an annuity from the Civil Service
Retirement and Disability Fund becomes employed in a
position in the Office--
(i) the annuity of that annuitant shall
continue; and
(ii) such reemployed annuitant shall not be
considered to be an employee for the purposes
of chapter 83 or 84 of title 5, United States
Code.
(B) Limitations.--Subparagraph (A) shall apply to--
(i) not more than 25 employees of the
Office at any particular time, as designated by
the Special Inspector General; and
(ii) pay periods beginning after the date
of enactment of this Act.
SEC. 9. PERSONNEL, FACILITIES, AND OTHER RESOURCES.
(a) Personnel.--The Special Inspector General may select, appoint,
and employ such officers and employees as may be necessary for carrying
out the duties of the Special Inspector General, subject to the
provisions of--
(1) chapter 33 of title 5, United States Code, governing
appointments in the competitive service; and
(2) chapter 51 and subchapter III of chapter 53 of such
title, relating to classification and General Schedule pay
rates.
(b) Employment of Experts and Consultants.--The Special Inspector
General may obtain the services of experts and consultants in
accordance with section 3109 of title 5, United States Code, at daily
rates not to exceed the equivalent rate prescribed for grade GS-15 of
the General Schedule under section 5332 of such title.
(c) Contracting Authority.--To the extent and in such amounts as
may be provided in advance by appropriations Acts, the Special
Inspector General may--
(1) enter into contracts and other arrangements for audits,
studies, analyses, and other services with public agencies and
with private persons; and
(2) make such payments as may be necessary to carry out the
duties of the Special Inspector General.
(d) Resources.--The Secretary of State or the Secretary of Defense,
as appropriate, shall provide the Special Inspector General with--
(1) appropriate and adequate office space at appropriate
locations of the Department of State or the Department of
Defense, as appropriate, in Ukraine or in European partner
countries;
(2) such equipment, office supplies, and communications
facilities and services as may be necessary for the operation
of such offices; and
(3) necessary maintenance services for such offices and the
equipment and facilities located in such offices.
(e) Assistance From Federal Agencies.--
(1) In general.--Upon request of the Special Inspector
General for information or assistance from any department,
agency, or other entity of the Federal Government, the head of
such entity shall, to the extent practicable and not in
contravention of any existing law, furnish such information or
assistance to the Special Inspector General or an authorized
designee.
(2) Reporting of refused assistance.--Whenever information
or assistance requested by the Special Inspector General is, in
the judgment of the Special Inspector General, unreasonably
refused or not provided, the Special Inspector General shall
immediately report the circumstances to--
(A) the Secretary of State or the Secretary of
Defense, as appropriate; and
(B) the appropriate congressional committees.
SEC. 10. REPORTS.
(a) Quarterly Reports.--Not later than 30 days after the end of
each quarter of each fiscal year, the Special Inspector General shall
submit to the appropriate congressional committees, the Secretary of
State, and the Secretary of Defense a report that--
(1) summarizes, for the applicable quarter, and to the
extent possible, for the period from the end of such quarter to
the date on which the report is submitted, the activities
during such period of the Special Inspector General and the
activities under programs and operations funded with amounts
appropriated or otherwise made available for military,
economic, and humanitarian aid to Ukraine; and
(2) includes, for applicable quarter, a detailed statement
of all obligations, expenditures, and revenues associated with
military, economic, and humanitarian activities in Ukraine,
including--
(A) obligations and expenditures of appropriated
funds;
(B) a project-by-project and program-by-program
accounting of the costs incurred to date for military,
economic, and humanitarian aid to Ukraine, including an
estimate of the costs to be incurred by the Department
of Defense, the Department of State, the United States
Agency for International Development, and other
relevant Federal agencies to complete each project and
each program;
(C) revenues attributable to, or consisting of,
funds provided by foreign nations or international
organizations to programs and projects funded by any
Federal department or agency and any obligations or
expenditures of such revenues;
(D) revenues attributable to, or consisting of,
foreign assets seized or frozen that contribute to
programs and projects funded by any Federal department
or agency and any obligations or expenditures of such
revenues;
(E) operating expenses of entities receiving
amounts appropriated or otherwise made available for
military, economic, and humanitarian aid to Ukraine;
and
(F) for any contract, grant, agreement, or other
funding mechanism described in subsection (b)--
(i) the dollar amount of the contract,
grant, agreement, or other funding mechanism;
(ii) a brief discussion of the scope of the
contract, grant, agreement, or other funding
mechanism;
(iii) a discussion of how the Federal
department or agency involved in the contract,
grant, agreement, or other funding mechanism
identified, and solicited offers from,
potential individuals or entities to perform
the contract, grant, agreement, or other
funding mechanism, including a list of the
potential individuals or entities that were
issued solicitations for the offers; and
(iv) the justification and approval
documents on which the determination to use
procedures other than procedures that provide
for full and open competition was based.
(b) Covered Contracts, Grants, Agreements, and Funding
Mechanisms.--A contract, grant, agreement, or other funding mechanism
described in this subsection is any major contract, grant, agreement,
or other funding mechanism that is entered into by any Federal
department or agency that involves the use of amounts appropriated or
otherwise made available for the military, economic, or humanitarian
aid to Ukraine with any public or private sector entity--
(1) to build or rebuild the physical infrastructure of
Ukraine;
(2) to establish or reestablish a political or societal
institution of Ukraine;
(3) to provide products or services to the people of
Ukraine; or
(4) to provide security assistance to Ukraine.
(c) Public Availability.--The Special Inspector General shall
publish each report submitted pursuant to subsection (a) on a publicly
available internet website in English, Ukrainian, and Russian.
(d) Form.--Each report required under subsection (a) shall be
submitted in unclassified form, but may include a classified annex if
the Special Inspector General determines that a classified annex is
necessary.
(e) Submission of Comments to Congress.--During the 30-day period
beginning on the date a report is received pursuant to subsection (a),
the Secretary of State and the Secretary of Defense may submit comments
to the appropriate congressional committees, in unclassified form,
regarding any matters covered by the report that the Secretary of State
or the Secretary of Defense considers appropriate. Such comments may
include a classified annex if the Secretary of State or the Secretary
of Defense considers such annex to be necessary.
(f) Rule of Construction.--Nothing in this section may be construed
to authorize the public disclosure of information that is--
(1) specifically prohibited from disclosure by any other
provision of law;
(2) specifically required by Executive order to be
protected from disclosure in the interest of defense or
national security or in the conduct of foreign affairs; or
(3) a part of an ongoing criminal investigation.
SEC. 11. TRANSPARENCY.
(a) Report.--Except as provided in subsection (c), not later than
60 days after receiving a report pursuant to section 10(a), the
Secretary of State and the Secretary of Defense shall jointly make
copies of the report available to the public upon request and at a
reasonable cost.
(b) Comments.--Except as provided in subsection (c), not later than
60 days after submitting comments pursuant to section 10(e), the
Secretary of State and the Secretary of Defense shall jointly make
copies of such comments available to the public upon request and at a
reasonable cost.
(c) Waiver.--
(1) Authority.--The President may waive the requirement
under subsection (a) or (b) with respect to availability to the
public of any element in a report submitted pursuant to section
10(a) or any comments submitted pursuant to section 10(e) if
the President determines that such waiver is justified for
national security reasons.
(2) Notice of waiver.--The President shall publish a notice
of each waiver made under paragraph (1) in the Federal Register
not later than the date of the submission to the appropriate
congressional committees of a report required under section
10(a) or any comments submitted pursuant to section 10(e). Each
such report and comments shall specify whether a waiver was
made pursuant to paragraph (1) and which elements in the report
or the comments were affected by such waiver.
SEC. 12. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--There is authorized to be appropriated $20,000,000
for fiscal year 2024 to carry out this Act.
(b) Rescission.--Of the amount appropriated under the heading
``assistance for europe, eurasia, and central asia'' in title III of
the Department of State, Foreign Operations, and Related Programs
Appropriations Act, 2023 (division K of Public Law 117-328),
$20,000,000 is rescinded.
SEC. 13. TERMINATION.
(a) In General.--The Office shall terminate on the day that is 180
days after the date on which amounts appropriated or otherwise made
available for the reconstruction of Ukraine that are unexpended are
less than $250,000,000.
(b) Final Report.--Before the termination date referred to in
subsection (a), the Special Inspector General shall prepare and submit
to the appropriate congressional committees a final forensic audit
report on programs and operations funded with amounts appropriated or
otherwise made available for the military, economic, and humanitarian
aid to Ukraine.
<all>
</pre></body></html>
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118S542
|
CCU Parity Act of 2023
|
[
[
"W000802",
"Sen. Whitehouse, Sheldon [D-RI]",
"sponsor"
],
[
"C001075",
"Sen. Cassidy, Bill [R-LA]",
"cosponsor"
]
] |
<p> <strong>CCU Parity Act of 2023 </strong></p> This bill increases the tax credit for carbon capture and use to match incentives for carbon capture and sequestration for both direct air capture and the power and industrial sectors.
|
<html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 542 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 542
To amend the Internal Revenue Code of 1986 to increase the applicable
dollar amount for qualified carbon oxide which is captured and utilized
for purposes of the carbon oxide sequestration credit.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
February 28, 2023
Mr. Whitehouse (for himself and Mr. Cassidy) introduced the following
bill; which was read twice and referred to the Committee on Finance
_______________________________________________________________________
A BILL
To amend the Internal Revenue Code of 1986 to increase the applicable
dollar amount for qualified carbon oxide which is captured and utilized
for purposes of the carbon oxide sequestration credit.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``CCU Parity Act of 2023''.
SEC. 2. INCREASE APPLICABLE DOLLAR AMOUNT FOR QUALIFIED CARBON OXIDE
WHICH IS CAPTURED AND UTILIZED.
(a) In General.--Section 45Q(b)(1)(A) of the Internal Revenue Code
of 1986 is amended--
(1) in clause (i), by striking subclause (II) and inserting
the following:
``(II) for purposes of paragraph
(4) of such subsection--
``(aa) with respect to any
qualified carbon oxide which is
captured and used in the manner
described in clause (i) of
paragraph (4)(B) of such
subsection, $12, and
``(bb) with respect to any
qualified carbon oxide which is
captured and utilized in the
manner described in clause (ii)
of paragraph (4)(B) of such
subsection, $17, and'', and
(2) in clause (ii), by striking subclause (II) and
inserting the following:
``(II) for purposes of paragraph
(4) of such subsection--
``(aa) with respect to any
qualified carbon oxide which is
captured and used in the manner
described in clause (i) of
paragraph (4)(B) of such
subsection, an amount equal to
the product of $12 and the
inflation adjustment factor for
such calendar year determined
under section 43(b)(3)(B) for
such calendar year, determined
by substituting `2025' for
`1990', and
``(bb) with respect to any
qualified carbon oxide which is
captured and utilized in the
manner described in clause (ii)
of paragraph (4)(B) of such
subsection, an amount equal to
the product of $17 and the
inflation adjustment factor for
such calendar year determined
under section 43(b)(3)(B) for
such calendar year, determined
by substituting `2025' for
`1990'.''.
(b) Effective Date.--The amendments made by this section shall
apply to carbon oxide captured and utilized after December 31, 2023.
<all>
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118S543
|
CCM–CARE Act of 2023
|
[
[
"L000570",
"Sen. Lujan, Ben Ray [D-NM]",
"sponsor"
],
[
"H001046",
"Sen. Heinrich, Martin [D-NM]",
"cosponsor"
]
] |
<p><b>Cerebral Cavernous Malformations Clinical Awareness, Research, and Education Act of 2023 or the CCM-CARE Act</b> <b>of 2023</b><br /><br />This bill requires the National Institutes of Health (NIH) and other agencies to expand and coordinate their efforts to research cerebral cavernous malformation. (Cerebral cavernous malformation is a condition in which blood vessels in the brain and spinal cord become enlarged, which can lead to seizures, paralysis, hearing or vision loss, and bleeding in the brain.)<br /><br />The NIH must (1) award grants for medical, clinical, and pharmacological research; (2) award grants to support a network of clinical research centers intended to develop a cure for the condition; and (3) convene a Cerebral Cavernous Malformations Research Consortium to develop programs for clinicians, scientists, and patients.<br /><br />The Centers for Disease Control and Prevention must award grants to research entities for collecting and reporting data about cerebral cavernous malformation.<br /><br />The Food and Drug Administration must accelerate the clinical trial process for cerebral cavernous malformation by supporting (1) appropriate laboratory indicators of the condition, (2) the qualification of clinical outcome measures related to quality of life, (3) investigational drug applications, and (4) expedited peer-review pathways. </p>
|
<html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 543 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 543
To increase research, education, and treatment for cerebral cavernous
malformations.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
February 28, 2023
Mr. Lujan (for himself and Mr. Heinrich) introduced the following bill;
which was read twice and referred to the Committee on Health,
Education, Labor, and Pensions
_______________________________________________________________________
A BILL
To increase research, education, and treatment for cerebral cavernous
malformations.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Cerebral Cavernous Malformations
Clinical Awareness, Research, and Education Act of 2023'' or the ``CCM-
CARE Act of 2023''.
SEC. 2. FINDINGS.
Congress finds as follows:
(1) Cerebral cavernous malformations (referred to in this
section as ``CCM''), also known as cavernous angioma, or
cavernoma, is a devastating blood vessel disease characterized
by vascular lesions that develop and grow within the brain and
spinal cord.
(2) Detection of CCM lesions is achieved through costly and
specialized medical imaging techniques, often not accessible or
convenient to patients who need them.
(3) While CCM is a common type of vascular anomaly, many
individuals are not aware they have the disease until the onset
of serious clinical symptoms. CCM is often inherited
unknowingly.
(4) CCM affects an estimated 600,000 people in the United
States, although fewer than 200,000 are accurately diagnosed.
(5) Individuals diagnosed with CCM may experience
neurological deficits, seizure, stroke, or sudden death.
(6) Due to limited research, there is currently no
treatment for CCM other than brain and spinal surgery, and only
for certain patients.
(7) There is also a shortage of trained physicians to
provide skilled and timely diagnosis and appropriate treatment
for CCM.
(8) While the hereditary form of CCM may occur among any
ethnicity, the presence of a mutation called the ``common
Hispanic mutation'', has passed through 14 or more generations
of American descendants from the original Spanish settlers of
the Southwest in the 1590s. New Mexico has the highest
population density of CCM in the world; Texas, Arizona, and
Colorado also have high rates of CCM due to the common Hispanic
mutation.
(9) A second mutation (CCM2 Common Deletion) originating in
the Southeastern United States before 1800 has increased rates
of the illness in South Carolina, Georgia, Florida, Alabama,
Mississippi, Louisiana, Texas, Oklahoma, Kentucky, Kansas, and
northern California.
SEC. 3. EXPANSION AND COORDINATION OF ACTIVITIES OF NATIONAL INSTITUTES
OF HEALTH WITH RESPECT TO CEREBRAL CAVERNOUS
MALFORMATIONS RESEARCH.
Part B of title IV of the Public Health Service Act (42 U.S.C. 284
et seq.) is amended by adding at the end the following:
``SEC. 409K. CEREBRAL CAVERNOUS MALFORMATIONS RESEARCH ACTIVITIES.
``(a) Expansion and Coordination of Activities.--The Director of
NIH, in coordination with the directors of the National Institute of
Neurological Disorders and Stroke, the National Center for Advancing
Translational Sciences, the National Heart, Lung, and Blood Institute,
and other national research institutes, as appropriate, for the purpose
of conducting research and related activities concerning cerebral
cavernous malformations (referred to in this section as `CCM')--
``(1) shall strengthen and coordinate efforts of the
National Institutes of Health; and
``(2) may award grants and cooperative agreements to public
or nonprofit private entities (including State health
departments, political subdivisions of States, universities,
and other medical or educational entities).
``(b) Activities.--The research and related activities described in
subsection (a) shall include the following:
``(1) Clinical, translational, and basic research.--The
Director of NIH shall conduct or support, through funding
opportunity announcements, grants, or cooperative agreements,
basic, clinical, and translational research on CCM, including
research on--
``(A) the identification and development of
affordable imaging, plasma, and urine biomarkers that
fulfill the requirement of the Food and Drug
Administration for biomarker qualification as proper
measures of CCM pathogenic biology, including
diagnosis, response to clinical intervention, or
prediction of adverse clinical events;
``(B) pre-clinical trials of promising CCM drug
treatment candidates;
``(C) novel biomedical and pharmacological
interventions designed to target existing lesions to
reduce their size and clinical activity;
``(D) clinical research related to repurposing
currently approved drugs for application for CCM
treatment;
``(E) development of new non-pharmacological
treatment approaches, such as focused ultrasound, and
targeted treatment delivery technology;
``(F) the gut-brain axis and the effects of
microbiome composition on clinical symptomology;
``(G) the microbiome as a therapeutic target for
CCM treatment;
``(H) research related to gene therapy as a
treatment for familial CCM;
``(I) research related to RNA-based therapies;
``(J) research related to the mechanistic overlap
between CCM and other disorders, including vascular
disorders and cancer;
``(K) research related to improving and measuring
the quality of life for individuals with CCM and their
families;
``(L) contributions of genetic variation to
clinical presentation as precision medicine targets for
therapy;
``(M) clinical training programs aimed at
increasing the number of scientists and clinicians who
are trained to treat patients and carry out the
research described in this paragraph;
``(N) proteomic, pharmacological, and cell
biological analysis of CCM molecules;
``(O) biological mechanisms for lesion genesis,
development, and maturation;
``(P) biological mechanisms for lesion bleeding and
symptomology;
``(Q) novel biomedical and pharmacological
interventions designed to inhibit new lesion
development, lesion growth, and lesion bleeding; and
``(R) continued research related to understanding
better the natural history and clinical variation
associated with CCM, particularly as it relates to the
development of drug development tools and clinical
outcome assessments.
``(2) Facilitation of research resources; clinical trial
preparedness.--
``(A) In general.--The Director of NIH shall award
grants and contracts to public or nonprofit private
entities to fund all or part of the cost of planning,
establishing, and providing basic operating support for
a network of CCM Clinical Research Centers, including
Coordinating and Participating centers regarding
research on various forms of CCM.
``(B) Clinical and research coordinating centers.--
``(i) In general.--The Director of NIH
shall build upon the network created by the U01
Clinical Trial Readiness Research Project to
identify and support the development of 2
geographically distributed national clinical
and research coordinating centers with unique
clinical expertise and the potential for
coordinating multisite clinical drug trials
with respect to CCM, including serving as
United States sites in international adaptive
trials.
``(ii) Duties.--The coordinating centers
identified under clause (i) shall provide a
model for the participation centers described
in paragraph (3), facilitate medical research
to develop a cure for CCM, and enhance the
medical care of individuals with CCM
nationwide, including by--
``(I) maintaining an institutional
infrastructure capable of hosting
clinical trials, facilitating
translational research projects, and
domestic and international
collaborations for clinical trials;
``(II) implementing the programs
dedicated to patient education, patient
outreach, and awareness developed by
the Cerebral Cavernous Malformations
Consortium under subsection (c)(3)(B);
``(III) developing the capacity to
establish and maintain communication
with other major CCM research and care
institutions internationally for
information sharing and coordination of
research activities;
``(IV) demonstrating clinical
expertise in the management of CCM and
appointing a director and support
staff, including a trainee and patient
representative, for CCM research
programming;
``(V) treating a sufficient number
of eligible patients for participation
with particular focus on unique
subpopulations, such as patients with
the common Hispanic mutation, Ashkenazi
Jewish mutation, CCM2 Common Deletion,
CCM3 gene mutation carriers, or Black
and under-resourced patients; and
``(VI) maintaining a telehealth
infrastructure to support and provide
clinical consultation for remote and
underserved communities.
``(3) Participation centers.--
``(A) In general.--The Director of NIH shall build
upon the network created by the U01 Clinical Trial
Readiness Research Project to identify and support the
development of approximately 6 to 10 clinical and
research participation centers to facilitate medical
research to develop a cure for CCM and enhance the
medical care of individuals with CCM, in partnership
with the coordinating centers under paragraph (2) and
other national and international entities, as
appropriate.
``(B) Eligibility.--To qualify for selection as a
participation center under subparagraph (A), an entity
shall--
``(i) at the time of selection--
``(I) be affiliated with an
established research network of the
National Institutes of Health; and
``(II) have the potential to
participate in a multisite clinical
drug trial with respect to CCM;
``(ii) demonstrate--
``(I) the capacity to maintain
communication with other major CCM
research and care institutions
internationally for information sharing
and coordination of research
activities, especially through health
information technology; and
``(II) clinical expertise in CCM
management or complete the CCM clinical
training program under subsection
(c)(4); and
``(iii) have a sufficient number of
eligible patients with CCM.
``(C) Duration of support.--The Director of NIH may
provide support for participation centers under this
section for a period not to exceed 5 years. The
Director of NIH may extend the period of support for a
center for one or more additional periods, not to
exceed an additional 5 years, if the operations of such
center have been reviewed by an appropriate technical
and scientific peer review group established by the
Director of NIH and if such group has recommended to
the Director that such period should be extended.
``(c) Cerebral Cavernous Malformations Consortium.--
``(1) In general.--The Director of NIH shall build upon the
network created by the U01 Clinical Trial Readiness Research
Project to convene a Cerebral Cavernous Malformations Research
Consortium (referred to in this section as the `consortium').
``(2) Membership.--The consortium--
``(A) shall include representatives of--
``(i) the institutions that are part of the
U01 Trial Readiness Project of the National
Institutes of Health, or that are part of other
nationally recognized clinical Centers of
Excellence; and
``(ii) at least 1 national CCM patient
advocacy organization, which may be an entity
that receives a grant or contract under
subsection (b)(2)(A); and
``(B) may include representatives of the National
Institutes of Health or the Food and Drug
Administration, in an advisory or ex officio role.
``(3) Responsibilities.--Through a consensus-based
decision-making model, the consortium shall divide assignments
and be responsible for--
``(A) developing and implementing training programs
for clinicians and scientists in accordance with
paragraph (4);
``(B) developing patient education, outreach, and
awareness programs and materials, which may be tailored
for specific regional or local needs including--
``(i) a regional multimedia public
awareness campaign;
``(ii) patient education materials for
distribution by regional physician and surgeon
offices;
``(iii) an education program for elementary
and secondary school nurses and community
health workers to facilitate early detection
and diagnosis of CCM in areas in which there is
a high density of cases of CCM;
``(iv) regular regional patient and family-
oriented educational conferences; and
``(v) nationally relevant electronic health
teaching and communication tools and a network
of professional capacity and patient and family
support; and
``(C) preparing a biannual report to Congress, in
accordance with paragraph (5).
``(4) Training program for clinicians and scientists.--
``(A) In general.--The consortium shall establish
or expand a physician training program, including
information and education on advances in the diagnosis
and treatment of CCM, and training and continuing
education through programs for scientists, physicians,
medical students, and other health professionals and
care coordinators who provide care for patients with
CCM, telehealth, and research relevant to CCM, for the
purpose of supporting the development of new centers
through educational programming to gain the expertise
needed to become clinical and research centers with the
potential to participate in clinical drug trials.
``(B) Stipends.--The Director of NIH may provide
stipends for health professionals who are enrolled in
the training programs described in subparagraph (A).
``(5) Report to congress.--The consortium shall biennially
submit to the Committee on Health, Education, Labor, and
Pensions of the Senate and the Committee on Energy and Commerce
of the House of Representatives a report that describes the
research, education, and other activities on CCM conducted or
supported through the Department of Health and Human Services.
Each such report shall include--
``(A) a research plan;
``(B) provisions specifying the amounts expended by
the Department of Health and Human Services with
respect to various forms of CCM, including those
affected by the common Hispanic Mutation, Ashkenazi
Jewish mutation, CCM2 Common Deletion, CCM3 gene
mutations, and other familial and sporadic forms of
cerebral cavernous malformation and patients who
identify as Black or African American; and
``(C) recommendations for particular projects or
types of projects that the national research institutes
or other entities in the field of research should
conduct on inherited or non-inherited forms of CCM
based on patient-identified priorities.
``(d) Prioritize CCM Funding for Biotech.--The Director of NIH, in
coordination with the directors of the National Institute of
Neurological Disorders and Stroke, the National Center for Advancing
Translational Sciences, the National Heart, Lung, and Blood Institute,
and other national research institutes, as appropriate, shall
prioritize the provision of grant funding for small biotechnology
entities that are working to develop treatments for CCM.''.
SEC. 4. CENTERS FOR DISEASE CONTROL AND PREVENTION CEREBRAL CAVERNOUS
MALFORMATIONS SURVEILLANCE AND RESEARCH PROGRAMS.
Part B of title III of the Public Health Service Act (42 U.S.C. 243
et seq.) is amended by inserting after section 317U the following:
``SEC. 317V. CEREBRAL CAVERNOUS MALFORMATIONS SURVEILLANCE AND RESEARCH
PROGRAMS.
``(a) In General.--The Secretary, acting through the Director of
the Centers for Disease Control and Prevention, may award grants in
such sums as may be necessary and cooperative agreements to public or
nonprofit private entities (including State health departments,
political subdivisions of States, universities, and other medical or
educational entities) for the collection, analysis, and reporting of
data on cerebral cavernous malformations (referred to in this section
as `CCM').
``(b) National Cerebral Cavernous Malformations Epidemiology
Program.--The Secretary shall award grants and cooperative agreements,
including technical assistance, to public or nonprofit private entities
for--
``(1) the collection, analysis, and reporting of data on
CCM; and
``(2) epidemiological activities, including encouraging
consistency in ICD-10 coding, adoption of ICD-11 coding,
collecting, and analyzing information on the number, incidence,
correlates, and symptoms of cases and the clinical utility of
specific practice patterns.
``(c) National Surveillance Program.--The Secretary shall--
``(1) provide for a national surveillance program for the
purpose of carrying out epidemiological activities regarding
CCM, including collecting and analyzing information on the
number, incidence, correlates, and symptoms of cases of CCM and
the clinical utility (including costs and benefits) of specific
practice patterns; and
``(2) wherever possible, ensure that the surveillance
program is coordinated with the data and sample collection
activities of the National Institutes of Health under section
409K.
``(d) Technical Assistance.--In making awards under this section,
the Secretary may provide direct technical assistance, including
personnel support.
``(e) Coordination With Clinical Centers.--The Secretary shall
ensure that epidemiological information is made available to clinical
centers as supported by the Director of the National Institutes of
Health under section 409K.
``(f) Authorization of Appropriations.--There are authorized to be
appropriated such sums as may be necessary to carry out this
section.''.
SEC. 5. FOOD AND DRUG ADMINISTRATION CEREBRAL CAVERNOUS MALFORMATIONS
CLINICAL TRIAL PREPAREDNESS AND SUPPORT PROGRAM.
(a) Biomarker Qualification Program.--The Secretary of Health and
Human Services, acting through the Commissioner of Food and Drugs,
shall coordinate with clinical centers, investigators, and advocates to
support the qualification of appropriate imaging, plasma, and urine
biomarkers for diagnosis and measuring pathology and treatment efficacy
in an effort to expedite clinical trials for cerebral cavernous
malformation.
(b) Clinical Outcome Assessment Qualification.--The Secretary of
Health and Human Services, acting through the Commissioner of Food and
Drugs, shall coordinate with clinical centers, investigators, and
advocates to support the qualification of newly developed patient
reported outcome measures for quality of life as a clinical outcome in
an effort to hasten the pace of clinical trials for cerebral cavernous
malformation.
(c) Investigational New Drug Application.--The Secretary of Health
and Human Services, acting through the Commissioner of Food and Drugs,
shall coordinate with clinical centers, investigators, and advocates to
support appropriate investigational new drug applications under section
505(i) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355(i))
in an effort to hasten the pace of clinical trials for cerebral
cavernous malformation.
(d) Adaptive Trial Design and Expedited Review Pathways.--The
Secretary of Health and Human Services, acting through the Commissioner
of Food and Drugs, shall coordinate with clinical centers,
investigators, and advocates to support domestic and international
adaptive trial designs for rare disease research and expedited peer
review mechanisms for including orphan drug designation, fast track,
breakthrough therapy designation, and priority review or accelerated
review, where appropriate, in an effort to hasten the pace of clinical
trials for cerebral cavernous malformation.
<all>
</pre></body></html>
|
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"Health",
"Cardiovascular and respiratory health",
"Drug safety, medical device, and laboratory regulation",
"Drug therapy",
"Health care quality",
"Health facilities and institutions",
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"Medical research",
"Neurological disorders",
"Research administration and funding"
] |
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118S544
|
A bill to amend the Federal Credit Union Act to provide a sunset for certain ways in which credit unions may be Agent members of the National Credit Union Administration Central Liquidity Facility.
|
[
[
"P000145",
"Sen. Padilla, Alex [D-CA]",
"sponsor"
],
[
"C001096",
"Sen. Cramer, Kevin [R-ND]",
"cosponsor"
]
] |
<p>This bill temporarily grants the National Credit Union Administration Board discretion in determining the amount of capital stock in the National Credit Union Administration Central Liquidity Facility is required for a corporate credit union to become an agent member of the facility. The facility serves as a liquidity lender to member credit unions.</p>
|
<html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 544 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 544
To amend the Federal Credit Union Act to provide a sunset for certain
ways in which credit unions may be Agent members of the National Credit
Union Administration Central Liquidity Facility.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
February 28, 2023
Mr. Padilla (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 amend the Federal Credit Union Act to provide a sunset for certain
ways in which credit unions may be Agent members of the National Credit
Union Administration Central Liquidity Facility.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. AGENT MEMBERSHIP.
(a) In General.--Section 304(b)(2) of the Federal Credit Union Act
(12 U.S.C. 1795c(b)(2)) is amended by striking ``all those credit
unions'' and inserting ``such credit unions as the Board may in its
discretion determine''.
(b) Sunset.--
(1) In general.--Section 304(b)(2) of the Federal Credit
Union Act (12 U.S.C. 1795c(b)(2)) is amended by striking ``such
credit unions as the Board may in its discretion determine''
and inserting ``all those credit unions''.
(2) Effective date.--The amendments made by paragraph (1)
shall take effect on the date that is 3 years after the date of
enactment of this Act.
<all>
</pre></body></html>
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118S545
|
Air Carrier Access Amendments Act of 2023
|
[
[
"B001230",
"Sen. Baldwin, Tammy [D-WI]",
"sponsor"
],
[
"D000622",
"Sen. Duckworth, Tammy [D-IL]",
"cosponsor"
],
[
"M000133",
"Sen. Markey, Edward J. [D-MA]",
"cosponsor"
],
[
"C001070",
"Sen. Casey, Robert P., Jr. [D-PA]",
"cosponsor"
],
[
"H001076",
"Sen. Hassan, Margaret Wood [D-NH]",
"cosponsor"
],
[
"B001277",
"Sen. Blumenthal, Richard [D-CT]",
"cosponsor"
],
[
"S000033",
"Sen. Sanders, Bernard [I-VT]",
"cosponsor"
],
[
"W000779",
"Sen. Wyden, Ron [D-OR]",
"cosponsor"
],
[
"F000062",
"Sen. Feinstein, Dianne [D-CA]",
"cosponsor"
],
[
"W000800",
"Sen. Welch, Peter [D-VT]",
"cosponsor"
]
] |
<p><strong>Air Carrier Access Amendments Act of 2023</strong></p> <p>This bill expands protections for airline passengers with disabilities and requires air carriers to meet certain minimum accessibility standards. </p> <p>The Department of Transportation (DOT) must prescribe regulations setting minimum accessibility standards for new and existing aircraft, airport facilities, websites, and kiosks. The accessibility standards must address topics including</p> <ul> <li> boarding and deplaning equipment, including ensuring individuals can board and deplane an aircraft from their personal assistive devices (e.g., wheelchairs);</li> <li>seating accommodations;</li> <li>lavatories;</li> <li>visually accessible announcements; and </li> <li>proper stowage of assistive devices in the cargo hold to prevent damage.</li> </ul> <p>Existing aircraft have five years from the effective date of the regulations to comply with the standards. DOT must assess civil penalties against an air carrier for violations of these provisions and refer patterns of discrimination to the Department of Justice (DOJ).</p> <p>DOT must also ensure that passengers with disabilities may (1) file a complaint with the agency in response to disability-related discrimination, and (2) receive assistance through a toll-free hotline or other electronic method.</p> <p>Further, the bill authorizes DOJ and aggrieved passengers to bring civil actions for discrimination against an air carrier.</p>
|
<html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 545 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 545
To protect the rights of passengers with disabilities in air
transportation, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
February 28, 2023
Ms. Baldwin (for herself, Ms. Duckworth, Mr. Markey, Mr. Casey, Ms.
Hassan, and Mr. Blumenthal) introduced the following bill; which was
read twice and referred to the Committee on Commerce, Science, and
Transportation
_______________________________________________________________________
A BILL
To protect the rights of passengers with disabilities in air
transportation, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Air Carrier Access Amendments Act of
2023''.
SEC. 2. FINDINGS; SENSE OF CONGRESS.
(a) Findings.--Congress finds the following:
(1) In 1986, President Ronald Reagan signed the Air Carrier
Access Act of 1986 (Public Law 99-435; 100 Stat. 1080), adding
a provision now codified in section 41705 of title 49, United
States Code (in this section referred to as the ``ACAA''),
prohibiting disability-based discrimination in air
transportation.
(2) Despite the effort, individuals, including veterans,
with disabilities continue to experience significant barriers
to and with traveling by air, such as--
(A) damaged assistive devices;
(B) inaccessible aircraft, lavatories, and
communication media;
(C) delayed assistance;
(D) inappropriate treatment of service animals;
(E) inadequate disability awareness and sensitivity
training; and
(F) a lack of suitable seating accommodations.
(b) Sense of Congress.--It is the sense of Congress that--
(1) access for individuals with disabilities in air
transportation must move into the 21st century, or individuals
with disabilities will be left behind and unable to compete in
today's job market or enjoy the opportunities available to
other citizens of the United States;
(2) aircraft must accommodate individuals with
disabilities, and air carriers and foreign air carriers must
acquire and maintain aircraft that meet broad accessibility
standards;
(3) the ACAA must be updated to improve access to air
transportation for individuals with disabilities;
(4) legislation is necessary to modernize standards and
requirements that will strengthen accessibility in air
transportation;
(5) the Department of Transportation, in direct
consultation with the Access Board, must promulgate regulations
to ensure that all passengers with disabilities receive--
(A) prompt and effective boarding, deplaning, and
connections between flights;
(B) accommodations, including nonstandard
accommodations, that safely facilitate air travel; and
(C) better access to airport facilities, including
the provision of visually and tactilely accessible
announcements and full and equal access to aural
communications;
(6) legislation is necessary to ensure that individuals
with disabilities have adequate remedies available when air
carriers and foreign air carriers violate the ACAA; and
(7) unlike other civil rights statutes, the ACAA does not
contain a private right of action, which is critical to the
enforcement of such statutes, and Congress must correct this
anomaly.
SEC. 3. DEFINITIONS.
In this Act:
(1) Access board.--The term ``Access Board'' means the
Architectural and Transportation Barriers Compliance Board.
(2) Air carrier.--The term ``air carrier'' has the meaning
given that term in section 40102 of title 49, United States
Code.
(3) Disability.--The term ``disability'' means, with
respect to an individual--
(A) a physical or mental impairment that, on a
permanent or temporary basis, substantially limits one
or more major life activities of such individual;
(B) a record of such an impairment; or
(C) being regarded as having such an impairment.
(4) Foreign air carrier.--The term ``foreign air carrier''
has the meaning given that term in section 40102 of title 49,
United States Code.
(5) Secretary.--The term ``Secretary'' means the Secretary
of Transportation.
SEC. 4. IMPROVING ACCESS TO AIR TRANSPORTATION FOR INDIVIDUALS WITH
DISABILITIES.
(a) In General.--Section 41705 of title 49, United States Code, is
amended to read as follows:
``Sec. 41705. Accessibility of air transportation for individuals with
disabilities
``(a) In General.--In providing air transportation, an air carrier
or foreign air carrier may not discriminate against an individual on
the basis of a disability, including by taking any of the actions
prohibited under subsection (b) or not taking any of the actions
required by subsection (c).
``(b) Prohibited Actions.--
``(1) In general.--Subject to paragraph (2), an air carrier
or foreign air carrier may not--
``(A) directly or through a contractual, licensing,
or other arrangement, discriminate in the full and
equal enjoyment (within the meaning of that term under
section 302(a) of the Americans with Disabilities Act
of 1990 (42 U.S.C. 12182(a))) of air transportation,
including the use of standards or criteria or methods
of administration;
``(B) deny the opportunity of an individual or a
class of individuals, on the basis of a disability or
disabilities of the individual or class, to participate
in or benefit from the goods, services, facilities,
advantages, accommodations, or other opportunities
provided by the air carrier or foreign air carrier;
``(C) afford an individual or a class of
individuals, on the basis of a disability or
disabilities of the individual or class, with the
opportunity to participate in or benefit from a good,
service, facility, advantage, accommodation, or other
opportunity that is not equal to, or is different or
separate from a good, service, facility, advantage,
accommodation, or other opportunity afforded to other
individuals;
``(D) deny any goods, services, facilities,
privileges, advantages, accommodations, or other
opportunities to an individual because of the known
disability of another individual with whom the
individual is known to have a relationship or
association;
``(E) impose or apply eligibility criteria that
screen out or have the effect of screening out
individuals with disabilities or a class of individuals
with disabilities from fully enjoying any good,
service, facility, privilege, advantage, accommodation,
or other opportunity provided by the air carrier or
foreign air carrier, unless the air carrier or foreign
air carrier can demonstrate that such criteria are
necessary for the provision of the good, service,
facility, privilege, advantage, accommodation, or other
opportunity;
``(F) directly or through a contractual, licensing,
or other arrangement, use standards or criteria or
methods of administration that--
``(i) have the effect of discriminating on
the basis of disability; or
``(ii) perpetuate discrimination against
others who are subject to common administrative
control; or
``(G) operate an aircraft that does not comply with
this section and regulations prescribed under this
section, unless the aircraft, to the maximum extent
feasible, is made readily accessible to and usable by
individuals with disabilities, including individuals
who use wheelchairs, in accordance with this section
and upon issuance of regulations prescribed under this
section, not later than 7 years after the date of
enactment of the Air Carrier Access Amendments Act of
2023.
``(2) Exception.--
``(A) In general.--Subject to subparagraph (B), an
air carrier or foreign air carrier may provide an
individual or a class of individuals, on the basis of a
disability or disabilities of the individual or class,
with a good, service, facility, privilege, advantage,
accommodation, or other opportunity that is different
or separate from the good, service, facility,
privilege, advantage, accommodation, or other
opportunity provided to other individuals if doing so
is necessary to--
``(i) provide the individual or class of
individuals with a good, service, facility,
privilege, advantage, accommodation, or other
opportunity that is as effective as the good,
service, facility, privilege, advantage,
accommodation, or other opportunity provided to
other individuals; or
``(ii) comply with statutory, regulatory,
or other requirements related to safety and
security enforced by the Department of
Transportation, the Federal Aviation
Administration, or applicable foreign aviation
authorities.
``(B) Acceptance.--An individual or a class of
individuals shall retain the authority to decide
whether to accept or refuse a good, service, facility,
privilege, advantage, accommodation, or other
opportunity referred to in subparagraph (A).
``(C) Selection of goods, services, and other
opportunities provided to others.--If, in accordance
with subparagraph (A), an air carrier or foreign air
carrier provides to an individual or a class of
individuals a good, service, facility, privilege,
advantage, accommodation, or other opportunity that is
different or separate from the good, service, facility,
privilege, advantage, accommodation, or other
opportunity provided to other individuals, the air
carrier or foreign air carrier may not deny to an
individual with a disability the opportunity to
participate in the good, service, facility, privilege,
advantage, accommodation, or other opportunity provided
to such other individuals.
``(c) Required Actions.--An air carrier or foreign air carrier
shall--
``(1) afford goods, services, facilities, privileges,
advantages, accommodations, and other opportunities to an
individual with a disability in the most integrated setting
appropriate to the needs of the individual;
``(2) make reasonable modifications to policies, practices,
or procedures, when such modifications are necessary to afford
goods, services, facilities, privileges, advantages,
accommodations, or other opportunities to individuals with
disabilities, unless the air carrier or foreign air carrier can
demonstrate that making such modifications would fundamentally
alter the nature of the goods, services, facilities,
privileges, advantages, accommodations, or other opportunities;
and
``(3) take such measures as may be necessary to ensure that
no individual with a disability is excluded, denied services,
segregated, or otherwise treated differently from other
individuals because of the absence of auxiliary aids or
services, unless the air carrier or foreign air carrier can
demonstrate that taking such measures would--
``(A) fundamentally alter the nature of a good,
service, facility, privilege, advantage, accommodation,
or other opportunity being offered; or
``(B) result in an undue burden to an air carrier
or foreign air carrier.
``(d) Consumer Complaints.--
``(1) In general.--The Secretary shall ensure that
individuals with disabilities traveling in air transportation
are able to--
``(A) file complaints with the Department of
Transportation in response to disability-related
discrimination prohibited under this section or
regulations prescribed under this section; and
``(B) receive assistance from the Department of
Transportation through a toll-free hotline telephone
number, publicly available internet website, or
comparable electronic means of communication.
``(2) Notice to passengers with disabilities.--Each air
carrier or foreign air carrier shall include on its publicly
available internet website, any related mobile device
application, and online service--
``(A) the hotline telephone number established
under section 42302 or the telephone number for the
Aviation Consumer Protection Division of the Department
of Transportation and the Department's disability
assistance hotline telephone number or a comparable
electronic means of communication;
``(B) a notice that a consumer can file a
disability-related complaint with the Aviation Consumer
Protection Division;
``(C) an active link to the internet website of the
Aviation Consumer Protection Division for a consumer to
file a disability-related complaint; and
``(D) a notice that the consumer can file a
disability-related complaint with the air carrier or
foreign air carrier and the process and any timelines
for filing such a complaint.
``(3) Investigation of complaints.--
``(A) In general.--The Secretary shall--
``(i) not later than 120 days after the
receipt of any complaint of a violation of this
section or a regulation prescribed under this
section, investigate such complaint;
``(ii) provide, in writing, to the
individual that filed the complaint and the air
carrier or foreign air carrier alleged to have
violated this section or a regulation
prescribed under this section, the
determination of the Secretary with respect
to--
``(I) whether the air carrier or
foreign air carrier violated this
section or a regulation prescribed
under this section;
``(II) the facts underlying the
complaint; and
``(III) any action the Secretary is
taking in response to the complaint;
and
``(iii) assess civil penalties for, at a
minimum, each of the following violations:
``(I) Delay of, loss of, or
significant damage to a wheelchair or
scooter.
``(II) Physical harm to or fatal
injury of a passenger in the provision
of a service related to the
requirements of this section.
``(III) Failure to provide proper
assistance in boarding or deplaning a
passenger with disabilities when aisle
chair assistance is required.
``(IV) Denial of boarding for a
passenger with disabilities or denial
of access for a service animal in a
manner not in compliance with
requirements enforced by the Department
of Transportation, the Federal Aviation
Administration, or applicable foreign
aviation authorities.
``(V) Gross negligence of a
passenger with disabilities in air
transportation.
For purposes of section 46301, a separate
violation occurs under this section for each
individual act of discrimination prohibited by
subsections (a) through (c).
``(B) Referral.--If the Secretary has reasonable
cause to believe that any air carrier or foreign air
carrier or group of air carriers or foreign air
carriers is engaged in a pattern or practice of
discrimination under this section, or any person or
group of persons has been discriminated against under
this section and such discrimination raises an issue of
general public importance, the Secretary shall, after
the assessment of the civil penalty, refer the matter
to the Attorney General for further action.
``(C) Publication of data.--The Secretary shall
publish disability-related complaint data in a manner
comparable to other aviation consumer complaint data.
``(D) Review and report.--The Secretary shall
regularly review all complaints received by air
carriers and foreign air carriers alleging
discrimination on the basis of disability and shall
report annually to Congress on the disposition of such
complaints.
``(e) Civil Action.--
``(1) Aggrieved persons.--
``(A) In general.--Any person aggrieved by an air
carrier or foreign air carrier's violation of this
section or a regulation prescribed under this section
may, during the 2-year period beginning on the date of
the violation, bring a civil action in an appropriate
district court of the United States.
``(B) Available relief.--If a court finds in favor
of the plaintiff in a civil action brought under
subparagraph (A), the court may award to the plaintiff
equitable and legal relief, including compensatory and
punitive damages, and shall, in addition to any such
relief, award reasonable attorney's fees, reasonable
expert fees, and costs of the action to the plaintiff.
``(C) Exhaustion of administrative remedies.--Any
person aggrieved by an air carrier or foreign air
carrier's violation of this section or a regulation
prescribed under this section shall not be required to
exhaust administrative remedies before bringing a civil
action under subparagraph (A).
``(D) Rule of construction.--Nothing in this
paragraph shall be construed to invalidate or limit
other Federal or State laws affording to individuals
with disabilities greater legal rights or protections
than those granted by this section.
``(2) Enforcement by attorney general.--
``(A) In general.--The Attorney General may bring a
civil action on behalf of individuals aggrieved by an
air carrier or foreign air carrier's violation of this
section or a regulation prescribed under this section
in any appropriate district court of the United States.
``(B) Authority of court.--In a civil action under
subparagraph (A), the court may--
``(i) grant any equitable relief that the
court considers to be appropriate;
``(ii) award such other relief as the court
considers to be appropriate, including monetary
damages to individuals aggrieved by an air
carrier or foreign air carrier's violation of
this section or a regulation prescribed under
this section, when requested by the Attorney
General; and
``(iii) assess a civil penalty against the
air carrier or foreign air carrier.
``(f) Rule of Construction.--Nothing in this section shall require
an air carrier or foreign air carrier to permit an individual to
participate in or benefit from goods, services, facilities, privileges,
advantages, accommodations, or other opportunities if the individual
poses a significant risk to the health or safety of others that cannot
be eliminated by a modification to policies, practices, or procedures
or by the provision of auxiliary aids or services.
``(g) Definitions.--In this section:
``(1) Access board.--The term `Access Board' means the
Architectural and Transportation Barriers Compliance Board.
``(2) Air carrier.--The term `air carrier' has the same
meaning given that term in section 40102.
``(3) Aircraft.--The term `aircraft' means a transport
category airplane designed for operation by an air carrier or
foreign air carrier type-certificated under part 21 of title
14, Code of Federal Regulations, with a passenger seating
capacity of 30 or more.
``(4) Disability.--The term `disability' means, with
respect to an individual--
``(A) a physical or mental impairment that, on a
permanent or temporary basis, substantially limits one
or more major life activities of such individual;
``(B) a record of such an impairment; or
``(C) being regarded as having such an impairment.
``(5) Foreign air carrier.--The term `foreign air carrier'
has the meaning given that term in section 40102.
``(6) Most integrated setting.--The term `most integrated
setting' has the meaning given that term in appendix A of part
35 of title 28, Code of Federal Regulations.
``(7) Undue burden.--The term `undue burden' has the
meaning given that term in section 36.104 of title 28, Code of
Federal Regulations.''.
(b) Technical Assistance.--Not later than 1 year after the date of
enactment of this Act, the Secretary shall ensure the availability and
provision of appropriate technical assistance manuals to individuals
and entities with rights or responsibilities under section 41705 of
title 49, United States Code, as amended by subsection (a).
(c) Clerical Amendment.--The chapter analysis for chapter 417 of
title 49, United States Code, is amended by striking the item relating
to section 41705 and inserting the following:
``41705. Accessibility of air transportation for individuals with
disabilities.''.
SEC. 5. STANDARDS.
(a) Aircraft Access Standards.--
(1) Standards.--
(A) In general.--Not later than 2 years after the
date of the enactment of this Act, the Secretary shall,
in direct consultation with the Access Board, prescribe
regulations setting forth the minimum standards to
ensure that aircraft, and related boarding and
deplaning equipment, are accessible, in terms of design
for, transportation of, and communication with,
individuals with disabilities, including individuals
who use wheelchairs.
(B) Application.--The standards prescribed under
subparagraph (A) shall apply to existing aircraft
operated by air carriers or foreign air carriers on the
date that is 5 years after the regulations prescribed
under subparagraph (A) become effective.
(2) Covered aircraft, equipment, and features.--The
standards prescribed under paragraph (1)(A) shall address, at a
minimum--
(A) boarding and deplaning equipment, including
ensuring that there is a route accessible for
individuals to board and deplane the aircraft from
their personal assistive devices, including
wheelchairs;
(B) seating accommodations, which shall include in-
cabin wheelchair restraints (if deemed technologically
feasible);
(C) lavatories;
(D) captioning and audio description of in-flight
entertainment and captioning of any other aural
communication;
(E) individual video displays;
(F) visually and tactilely accessible
announcements;
(G) adequate in-cabin stowage for assistive
devices; and
(H) proper stowage of assistive devices in the
cargo hold to prevent damage, which includes ensuring
that cargo doors and the cargo holds allow such devices
to be enplaned and stowed upright.
(b) Airport Facilities.--Not later than 2 years after the date of
enactment of this Act, the Secretary shall, in direct consultation with
the Access Board, prescribe regulations setting forth minimum standards
under section 41705 of title 49, United States Code (commonly known as
the ``Air Carrier Access Act'')(as amended by section 4), that ensure
all gates (including counters), ticketing areas, and customer service
desks covered under such section at airports are accessible to and
usable by all individuals with disabilities, including through the
provision of visually and tactilely accessible announcements and full
and equal access to aural communications.
(c) Websites, Software Applications, and Kiosks.--Not later than 2
years after the date of enactment of this Act, the Secretary shall, in
direct consultation with the Access Board, prescribe regulations
setting forth minimum standards to ensure that individuals with
disabilities are able to access kiosks, software applications, and
websites in a manner that is equally as effective as individuals
without disabilities, with a substantially equivalent ease of use. Such
standards shall be consistent with the standards set forth in the Web
Content Accessibility Guidelines 2.1 Level AA of the Web Accessibility
Initiative of the World Wide Web Consortium or any subsequent version.
<all>
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118S546
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Recruit and Retain Act
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]
] |
<html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 546 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 546
To amend the Omnibus Crime Control and Safe Streets Act of 1968 to
authorize law enforcement agencies to use COPS grants for recruitment
activities, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
February 28, 2023
Mrs. Fischer (for herself, Mr. Coons, Mr. Cornyn, and Ms. Klobuchar)
introduced the following bill; which was read twice and referred to the
Committee on the Judiciary
_______________________________________________________________________
A BILL
To amend the Omnibus Crime Control and Safe Streets Act of 1968 to
authorize law enforcement agencies to use COPS grants for recruitment
activities, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Recruit and Retain Act''.
SEC. 2. IMPROVING COPS GRANTS FOR POLICE HIRING PURPOSES.
(a) Grant Use Expansion.--Section 1701(b) of title I of the Omnibus
Crime Control and Safe Streets Act of 1968 (34 U.S.C. 10381(b)) is
amended--
(1) by redesignating paragraphs (5) through (23) as
paragraphs (6) through (24), respectively; and
(2) by inserting after paragraph (4) the following:
``(5) to support hiring activities by law enforcement
agencies experiencing declines in officer recruitment
applications by reducing application-related fees, such as fees
for background checks, psychological evaluations, and
testing.''.
(b) Technical Amendment.--Section 1701(b)(23) of title I of the
Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C.
10381(b)(23)) is amended by striking ``(21)'' and inserting ``(22)''.
SEC. 3. ADMINISTRATIVE COSTS.
Section 1701 of title I of the Omnibus Crime Control and Safe
Streets Act of 1968 (34 U.S.C. 10381) is amended--
(1) by redesignating subsections (i) through (n) as
subsections (j) through (o), respectively; and
(2) by inserting after subsection (h) the following:
``(i) Administrative Costs.--Not more than 2 percent of a grant
made for the hiring or rehiring of additional career law enforcement
officers may be used for costs incurred to administer such grant.''.
SEC. 4. PIPELINE PARTNERSHIP PROGRAM.
Section 1701 of title I of the Omnibus Crime Control and Safe
Streets Act of 1968 (34 U.S.C. 10381) is amended by inserting after
subsection (o) the following:
``(p) COPS Pipeline Partnership Program.--
``(1) Eligible entity defined.--In this subsection, the
term `eligible entity' means a law enforcement agency in
partnership with not less than 1 educational institution, which
may include 1 or any combination of the following:
``(A) An elementary school.
``(B) A secondary school.
``(C) An institution of higher education.
``(D) A Hispanic-serving institution.
``(E) A historically Black college or university.
``(F) A Tribal college.
``(2) Grants.--The Attorney General shall award competitive
grants to eligible entities for recruiting activities that--
``(A) support substantial student engagement for
the exploration of potential future career
opportunities in law enforcement;
``(B) strengthen recruitment by law enforcement
agencies experiencing a decline in recruits, or high
rates of resignations or retirements;
``(C) enhance community interactions between local
youth and law enforcement agencies that are designed to
increase recruiting; and
``(D) otherwise improve the outcomes of local law
enforcement recruitment through activities such as
dedicated programming for students, work-based learning
opportunities, project-based learning, mentoring,
community liaisons, career or job fairs, work site
visits, job shadowing, apprenticeships, or skills-based
internships.
``(3) Funding.--Of the amounts made available to carry out
this part for a fiscal year, the Attorney General may use not
more than $3,000,000 to carry out this subsection.''.
SEC. 5. COPS GRANT GUIDANCE FOR AGENCIES OPERATING BELOW BUDGETED
STRENGTH.
Section 1704 of title I of the Omnibus Crime Control and Safe
Streets Act of 1968 (34 U.S.C. 10384) is amended by adding at the end
the following:
``(d) Guidance for Understaffed Law Enforcement Agencies.--
``(1) Definitions.--In this subsection:
``(A) Covered applicant.--The term `covered
applicant' means an applicant for a hiring grant under
this part seeking funding for a law enforcement agency
operating below the budgeted strength of the law
enforcement agency.
``(B) Budgeted strength.--The term `budgeted
strength' means the employment of the maximum number of
sworn law enforcement officers the budget of a law
enforcement agency allows the agency to employ.
``(2) Procedures.--Not later than 180 days after the date
of enactment of this Act, the Attorney General shall establish
consistent procedures for covered applicants, including
guidance that--
``(A) clarifies that covered applicants remain
eligible for funding under this part; and
``(B) enables covered applicants to attest that the
funding from a grant awarded under this part is not
being used by the law enforcement agency to supplant
State or local funds, as described in subsection (a).
``(3) Paperwork reduction.--In developing the procedures
and guidance under paragraph (2), the Attorney General shall
take measures to reduce paperwork requirements for grants to
covered applicants.''.
SEC. 6. STUDY ON POLICE RECRUITMENT.
(a) Study.--
(1) In general.--The Comptroller General of the United
States shall conduct a study to consider the comprehensive
effects of recruitment and attrition rates on Federal, State,
Tribal, and local law enforcement agencies in the United
States, to identify--
(A) the primary reasons that law enforcement
officers--
(i) join law enforcement agencies; and
(ii) resign or retire from law enforcement
agencies;
(B) how the reasons described in subparagraph (A)
may have changed over time;
(C) the effects of recruitment and attrition on
public safety;
(D) the effects of electronic media on recruitment
efforts;
(E) barriers to the recruitment and retention of
Federal, State, and local law enforcement officers; and
(F) recommendations for potential ways to address
barriers to the recruitment and retention of law
enforcement officers, including the barriers identified
in subparagraph (E).
(2) Representative cross-section.--
(A) In general.--The Comptroller General of the
United States shall endeavor to ensure accurate
representation of law enforcement agencies in the study
conducted pursuant to paragraph (1) by surveying a
broad cross-section of law enforcement agencies--
(i) from various regions of the United
States;
(ii) of different sizes; and
(iii) from rural, suburban, and urban
jurisdictions.
(B) Methods description.--The study conducted
pursuant to paragraph (1) shall include in the report
under subsection (b) a description of the methods used
to identify a representative sample of law enforcement
agencies.
(b) Report.--Not later than 540 days after the date of enactment of
this Act, the Comptroller General of the United States shall--
(1) submit to the Committee on the Judiciary of the Senate
and the Committee on the Judiciary of the House of
Representatives a report containing the study conducted under
subsection (a); and
(2) make the report submitted under paragraph (1) publicly
available online.
(c) Confidentiality.--The Comptroller General of the United States
shall ensure that the study conducted under subsection (a) protects the
privacy of participating law enforcement agencies.
<all>
</pre></body></html>
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"Employee hiring",
"Government information and archives",
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118S547
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First Rhode Island Regiment Congressional Gold Medal Act
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<p><strong>First Rhode Island Regiment Congressional Gold Medal Act</strong></p> <p>This bill provides for the award of a single Congressional Gold Medal to the First Rhode Island Regiment, collectively, in recognition of their dedicated service during the Revolutionary War.</p>
|
<html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 547 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 547
To award a Congressional Gold Medal, collectively, to the First Rhode
Island Regiment, in recognition of their dedicated service during the
Revolutionary War.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
February 28, 2023
Mr. Whitehouse (for himself, Mr. Cassidy, Mr. Reed, Mr. Graham, Mr.
Bennet, Mr. Cramer, Mr. Blumenthal, Mr. Sullivan, Mr. Casey, Ms.
Duckworth, Ms. Hassan, Mr. Markey, Mr. Murphy, Ms. Warren, and Mr.
Warner) introduced the following bill; which was read twice and
referred to the Committee on Banking, Housing, and Urban Affairs
_______________________________________________________________________
A BILL
To award a Congressional Gold Medal, collectively, to the First Rhode
Island Regiment, in recognition of their dedicated service during the
Revolutionary War.
Be it enacted by the Senate 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 Rhode Island Regiment
Congressional Gold Medal Act''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) During the winter at Valley Forge, from 1777-1778, the
Continental Army had difficulty recruiting the necessary quotas
of men set by the Congress.
(2) At the same time, the State of Rhode Island was ordered
to supply two battalions while faced with the occupation of the
City of Newport by the British.
(3) In January 1778, at the urging of Brigadier General
James Varnum, General George Washington wrote to Governor
Nicholas Cooke of the State of Rhode Island requesting
assistance recruiting men for the Continental Line.
(4) On February 14, 1778, the Rhode Island General Assembly
voted to allow the enlistment of ``every able-bodied negro,
mulatto, or Indian man slave''.
(5) In addition, the Rhode Island General Assembly provided
that any enlisted slave ``upon his passing muster before
Colonel Christopher Greene, be immediately discharged from the
service of his master or mistress, and be absolutely free as
though he had never been incumbered and be incumbered with any
kind of servitude or slavery''.
(6) As a result, between February 1778 and June 1778,
Colonel Christopher Greene, Lt. Colonel Jeremiah Olney and
Major Samuel Ward recruited almost 200 men of African heritage
and Indigenous descent who formed the core of the First Rhode
Island Regiment.
(7) The First Rhode Island Regiment became among the first
units in American History in which men of every race and
ethnicity were recruited to serve.
(8) On August 28, 1778, at the Battle of Rhode Island,
following an attempted siege of British-occupied Newport along
with the newly allied French fleet, the First Rhode Island
Regiment acted heroically in holding back Hessian forces and
causing them to retreat.
(9) During the Battle of Rhode Island, the First Rhode
Island Regiment's losses included three killed, nine wounded
and eleven missing soldiers.
(10) Soldiers of color from the First Rhode Island Regiment
continued to fight bravely to win American independence for 5
more years in an integrated Rhode Island Regiment that included
men of African, European, and Indigenous descent.
(11) On December 25, 1783, the last Rhode Island soldiers
were discharged at Saratoga, New York.
(12) Their commander, Colonel Jeremiah Olney, praised the
Regiment for ``faithfully preserving in the best of causes, in
every stage of service, with unexampled fortitude and patience
through all the danger and toils of a long and severe war''.
(13) Afterwards, some veterans of the First Rhode Island
Regiment had to consistently resist efforts at re-enslavement
and fought for back wages from the Rhode Island General
Assembly.
(14) According to the Rhode Island State Archives, the
First Rhode Island Regiment included at least the following
soldiers: Babcock, Priamus (Primus); Bent, Prince; Bours, Cato;
Brown, Priamus (Primus); Burk, Africa; Burroughs, John;
Carpenter, Cudgo; Champlin, Dick; Champlin, Jack; Champlin,
July; Champlin, Newport; Champlin, Sharper; Champlin, York;
Clark, James; Coddington, Jack; Fones, Jack; Gardner, Cuff;
Gardner, Hercules; Gardner, Minkl; Gardner, Preamus (Primus);
Gardner, Rutter; Gray, Ebenezer; Green, Cuff; Greene, Cato;
Greene, Jack; Greene, Pero; Greene, William; Hammond, Prince;
Harriss, Cesar; Hazard, Backus; Hazard, Jabin; Hazard, Jacob;
Hazard, Peter; Hazard, Peter; Lefavour, Thom; Mason, Warsen;
Mawney, Cyrus; Minturn, Jack; Mowrey, Pero; Nichols, Thomas;
Perry, Ganset; Phillips, Philow; Pierce, Titus; Potter, David;
Randall, Prince; Rhodes, Bristol; Rhodes, Priamus; Rhodes,
Richard; Rhodes, Samuel; Richmond, Ebenezer; Robinson, Mingo;
Rodman, Isaac; Rodman, Mingo; Rodman, Prince; Rose, Cesar;
Saltonstall, Brittain; Saunders, Sampson; Sheldon, Cesar;
Slave; Slave; Smith, Juba; Sweeling, Query; Talbot, Sigby;
Tanner, Quam; Tillinghast, Cuff; Updike, Cesar; Updike, Moses;
Vaughan, Prince; Vernon, Cato; Watson, Fortune; Wells, Cesar;
Wickes, Nat; and Willbour, Boston.
SEC. 3. CONGRESSIONAL GOLD MEDAL.
(a) Award Authorized.--The Speaker of the House of Representatives
and the President pro tempore of the Senate shall make appropriate
arrangements for the award, on behalf of the Congress, of a single gold
medal of appropriate design to the First Rhode Island Regiment,
collectively in recognition of their dedicated service during the
Revolutionary War.
(b) Design and Striking.--For the purposes of the award referred to
in subsection (a), the Secretary of the Treasury (hereafter in this Act
referred to as the ``Secretary'') shall strike the gold medal with
suitable emblems, devices, and inscriptions, to be determined by the
Secretary.
(c) Rhode Island State Library.--
(1) In general.--Following the award of the gold medal in
honor of the First Rhode Island Regiment of the Revolutionary
War under subsection (a), the gold medal shall be given to the
Rhode Island State Library, where it will be displayed as
appropriate and made available for research.
(2) Sense of congress.--It is the sense of Congress that
the Rhode Island State Library should make the gold medal
received under paragraph (1) available for display elsewhere,
particularly at other appropriate locations associated with the
First Rhode Island Regiment of the Revolutionary War.
SEC. 4. DUPLICATE MEDALS.
The Secretary may strike and sell duplicates in bronze of the gold
medal struck under section 3, at a price sufficient to cover the costs
of the medals, including labor, materials, dies, use of machinery, and
overhead expenses.
SEC. 5. STATUS OF MEDALS.
(a) National Medals.--Medals struck pursuant to this Act are
national medals for purposes of chapter 51 of title 31, United States
Code.
(b) Numismatic Items.--For purposes of sections 5134 and 5136 of
title 31, United States Code, all medals struck under this Act shall be
considered to be numismatic items.
SEC. 6. AUTHORITY TO USE FUND AMOUNTS; PROCEEDS OF SALE.
(a) Authority To Use Fund Amounts.--There is authorized to be
charged against the United States Mint Public Enterprise Fund such
amounts as may be necessary to pay for the costs of the medals struck
under this Act.
(b) Proceeds of Sale.--Amounts received from the sale of duplicate
bronze medals authorized under section 4 shall be deposited into the
United States Mint Public Enterprise Fund.
<all>
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118S548
|
Energy Security Cooperation with Allied Partners in Europe Act of 2023
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<html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 548 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 548
To enhance the security of the United States and its allies, and for
other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
February 28, 2023
Mr. Barrasso (for himself, Mrs. Blackburn, Mr. Braun, Mrs. Britt, Mr.
Boozman, Mrs. Capito, Mr. Cassidy, Mr. Cornyn, Mr. Cotton, Mr. Cramer,
Mr. Cruz, Mr. Daines, Mr. Grassley, Mr. Hagerty, Mr. Hoeven, Mrs. Hyde-
Smith, Mr. Kennedy, Mr. Lankford, Ms. Lummis, Mr. Marshall, Mr. Rounds,
Mr. Scott of Florida, Mr. Scott of South Carolina, Mr. Sullivan, Mr.
Tillis, Mr. Tuberville, Mr. Graham, Mr. Hawley, and Mrs. Fischer)
introduced the following bill; which was read twice and referred to the
Committee on Foreign Relations
_______________________________________________________________________
A BILL
To enhance the security of the United States and its allies, and for
other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Energy Security Cooperation with
Allied Partners in Europe Act of 2023''.
SEC. 2. STATEMENT OF POLICY.
It is the policy of the United States--
(1) to reduce the dependency of allies and partners of the
United States on Russian energy resources, especially natural
gas, in order for those countries to achieve lasting and
dependable energy security;
(2) to condemn the Government of the Russian Federation
for, and to deter that government from, using its energy
resources as a geopolitical weapon to coerce, intimidate, and
influence other countries;
(3) to improve energy security in Europe by increasing
access to diverse, reliable, and affordable energy;
(4) to promote energy security in Europe by working with
the European Union and other allies of the United States to
develop liberalized energy markets that provide diversified
energy sources, suppliers, and routes;
(5) to continue to strongly oppose the Nord Stream 2
pipeline based on its detrimental effects on the energy
security of the European Union and the economy of Ukraine and
other countries in Central Europe through which natural gas is
transported; and
(6) to support countries that are allies or partners of the
United States by expediting the export of energy resources from
the United States.
SEC. 3. NORTH ATLANTIC TREATY ORGANIZATION.
The President should direct the United States Permanent
Representative on the Council of the North Atlantic Treaty Organization
(in this Act referred to as ``NATO'') to use the voice and influence of
the United States to encourage NATO member countries to work together
to achieve energy security for those countries and countries in Europe
and Eurasia that are partners of NATO.
SEC. 4. TRANSATLANTIC ENERGY STRATEGY.
(a) Sense of Congress.--It is the sense of Congress that the United
States and other NATO member countries should explore ways to ensure
that NATO member countries diversify their energy supplies and routes
in order to enhance their energy security, including through the
development of a transatlantic energy strategy.
(b) Transatlantic Energy Strategy.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act, the Secretary of State, in
coordination with the Administrator of the United States Agency
for International Development and the Secretary of Energy,
shall submit to the appropriate congressional committees a
transatlantic energy strategy for the United States--
(A) to enhance the energy security of NATO member
countries and countries that are partners of NATO; and
(B) to increase exports of energy from the United
States to such countries.
(2) Appropriate congressional committees defined.--In this
subsection, the term ``appropriate congressional committees''
means--
(A) the Committee on Foreign Relations of the
Senate; and
(B) the Committee on Foreign Affairs of the House
of Representatives.
SEC. 5. EXPEDITED APPROVAL OF EXPORTATION OF NATURAL GAS TO UNITED
STATES ALLIES.
(a) In General.--Section 3(c) of the Natural Gas Act (15 U.S.C.
717b(c)) is amended--
(1) by inserting ``(1)'' before ``For purposes'';
(2) by striking ``nation with which there is in effect a
free trade agreement requiring national treatment for trade in
natural gas'' and inserting ``foreign country described in
paragraph (2)''; and
(3) by adding at the end the following:
``(2) A foreign country described in this paragraph is--
``(A) a nation with which there is in effect a free trade
agreement requiring national treatment for trade in natural
gas;
``(B) a member country of the North Atlantic Treaty
Organization;
``(C) subject to paragraph (3), Japan; and
``(D) any other foreign country if the Secretary of State,
in consultation with the Secretary of Defense, determines that
exportation of natural gas to that foreign country would
promote the national security interests of the United States.
``(3) The exportation of natural gas to Japan shall be deemed to be
consistent with the public interest pursuant to paragraph (1), and
applications for such exportation shall be granted without modification
or delay under that paragraph, during only such period as the Treaty of
Mutual Cooperation and Security, signed at Washington January 19, 1960,
and entered into force June 23, 1960 (11 UST 1632; TIAS 4509), between
the United States and Japan, remains in effect.''.
(b) Effective Date.--The amendments made by this section shall
apply with respect to applications for the authorization to export
natural gas under section 3 of the Natural Gas Act (15 U.S.C. 717b)
that are pending on, or filed on or after, the date of the enactment of
this Act.
SEC. 6. MANDATORY SANCTIONS WITH RESPECT TO THE DEVELOPMENT OF
PIPELINES IN THE RUSSIAN FEDERATION.
(a) In General.--The President shall impose five or more of the
sanctions described in section 235 of the Countering America's
Adversaries Through Sanctions Act (22 U.S.C. 9529) with respect to a
person if the President determines that the person knowingly, on or
after the date of the enactment of this Act, makes an investment
described in subsection (b) or sells, leases, or provides to the
Government of the Russian Federation, or to any entity owned or
controlled by that government, for the construction of Russian energy
export pipelines, goods, services, technology, information, or support
described in subsection (c)--
(1) any of which has a fair market value of $1,000,000 or
more; or
(2) that, during a 12-month period, have an aggregate fair
market value of $5,000,000 or more.
(b) Investment Described.--An investment described in this
subsection is any contribution of assets, including a loan guarantee or
any other transfer of value, that directly and significantly
contributes to the enhancement of the ability of the Government of the
Russian Federation, or any entity owned or controlled by that
government, to construct energy export pipelines.
(c) Goods, Services, Technology, Information, or Support
Described.--Goods, services, technology, information, or support
described in this subsection are goods, services, technology,
information, or support that could directly and significantly
facilitate the maintenance or expansion of the construction,
modernization, or repair of energy export pipelines by the Government
of the Russian Federation or any entity owned or controlled by that
government.
(d) Presidential Waiver Authority and Notice to Congress.--
(1) Presidential waiver authority.--The President may waive
the application of sanctions under this section if the
President determines that it is in the national security
interests of the United States to waive such sanctions.
(2) Notice to congress.--Not less than 15 days before
taking action to waive the application of sanctions under
paragraph (1), the President shall submit to the Committee on
Foreign Relations of the Senate and the Committee on Foreign
Affairs of the House of Representatives a notification of, and
written justification for, the action.
(e) Exception for Importation of Goods.--
(1) In general.--The authority to impose sanctions under
subsection (a) shall not include the authority to impose
sanctions with respect to the importation of goods.
(2) Good defined.--In this subsection, 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>
</pre></body></html>
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118S549
|
DAIRY PRIDE Act
|
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] |
<html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 549 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 549
To require enforcement against misbranded milk alternatives.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
February 28, 2023
Ms. Baldwin (for herself, Mr. Risch, Ms. Collins, Mr. Welch, Mr. King,
Ms. Stabenow, Mr. Crapo, Mr. Marshall, Ms. Smith, Mr. Lujan, and Mr.
Rounds) introduced the following bill; which was read twice and
referred to the Committee on Health, Education, Labor, and Pensions
_______________________________________________________________________
A BILL
To require enforcement against misbranded milk alternatives.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Defending Against Imitations and
Replacements of Yogurt, Milk, and Cheese To Promote Regular Intake of
Dairy Everyday Act'' or the ``DAIRY PRIDE Act''.
SEC. 2. FINDINGS.
Congress finds as follows:
(1) Dairy products are an important part of a healthy diet
for both children and adults, according to the Dietary
Guidelines for Americans, 2020-2025 (referred to in this
section as the ``Dietary Guidelines'') published by the
Department of Agriculture and the Department of Health and
Human Services. The Dietary Guidelines state that most
Americans are not meeting recommended intake for the dairy food
group.
(2) Consumption of dairy foods provides numerous health
benefits, including lowering the risk of diabetes, metabolic
syndrome, cardiovascular disease, and obesity.
(3) The Dietary Guidelines state that dairy foods are
sources of critical nutrients for human health, including
vitamin D, calcium, and potassium, all of which are under
consumed by people of the United States. Even though average
consumption falls short of amounts recommended by the Food
Patterns of the Department of Agriculture, on average across
the calorie levels dairy foods still contribute about 68
percent of calcium, 76 percent of vitamin D, and 31 percent of
magnesium.
(4) Beginning at age 9 and persisting throughout every
subsequent life-stage, individuals in the United States on
average fail to meet the recommended amount of dairy intake for
their age group, according to the Dietary Guidelines. The
Dietary Guidelines note the gap between recommended and current
intake of dairy widens throughout life stages and find the age-
related decreasing intake of dairy for youth ages 2 through 18
to be ``notable and concerning''. Overall, approximately 90
percent of the entire population of the United States does not
meet the daily dairy intake recommendation.
(5) The Dietary Guidelines state that the nutrient
composition of dairy foods highlights the importance of
adequate consumption, finding this to be especially relevant
for the intake of calcium and vitamin D throughout an
individual's life. The Dietary Guidelines note that calcium and
vitamin D are important at any age, that adolescents have an
increased need for these nutrients to support accrual of bone
mass, and that adults should give particular attention to
consuming adequate amounts of foods with these nutrients to
promote optimal bone health and prevent the onset of
osteoporosis. Yet, close to 30 percent of men and 60 percent of
women older than age 19 do not consume enough calcium, and more
than 90 percent do not consume enough vitamin D. According to
the Dietary Guidelines, dietary patterns that do not meet
recommended consumption amounts for food groups and subgroups
which include sources of calcium and vitamin D, such as dairy
foods, contribute to low intake of these nutrients.
(6) The Dietary Guidelines state that many products sold as
``milks'' but made from plants (e.g., almond, rice, coconut,
oat, and hemp ``milks'') do not have an overall nutritional
content similar to real milk and that most have significantly
less protein than real milk and are not always fortified with
calcium and vitamin D. The amount of calcium per calorie is
lower for most plant-based alternative milk products. To obtain
the amount of calcium contained in one cup of nonfat fluid milk
from a plant-based milk alternative, the portion size and
calorie intake must be greater.
(7) Similarly, imitation dairy products, such as plant-
based products derived from rice, nuts, hemp, coconut, algae,
and other foods that imitate milk, yogurt, and cheese, often do
not provide the same nutrition content as real cheese and
yogurt derived from dairy cows.
(8) Plant-based products labeled as milk are misleading to
consumers.
(9) The Food and Drug Administration has regulations that
define milk and cream as the ``lacteal secretion, practically
free from colostrum, obtained by the complete milking of one or
more healthy cows'' (section 131.110 of title 21, Code of
Federal Regulations). This definition further applies to milk
used to create other dairy products, including yogurt and
cheese, as specified in sections 131 and 133 of title 21, Code
of Federal Regulations.
(10) Given the proliferation of plant-based products in the
marketplace that are mislabeled as milk despite the standard of
identity defined for this substance, enforcement by the Food
and Drug Administration against these practices should be
improved to avoid misleading consumers.
SEC. 3. PURPOSE.
No food may be introduced or delivered for introduction into
interstate commerce using a market name for a dairy product if the food
does not meet the criterion set forth for dairy products under
paragraph (z)(2) of section 403 of the Federal Food, Drug, and Cosmetic
Act (21 U.S.C. 343) (as added by section 4(a)).
SEC. 4. ENFORCEMENT OF DEFINITION.
(a) In General.--Section 403 of the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 343) is amended by adding at the end the
following:
``(z)(1) If it uses a market name for a dairy product described in
subparagraph (3) and the food does not meet the criterion for being a
dairy product, as described in subparagraph (2).
``(2) For purposes of this paragraph, a food is a dairy product
only if the food is, contains as a primary ingredient, or is derived
from, the lacteal secretion, practically free from colostrum, obtained
by the complete milking of one or more hooved mammals.
``(3) A market name for a dairy product described in this
subparagraph means the dairy product terms described in parts 131 and
133 of subchapter B of chapter I of title 21, Code of Federal
Regulations, and sections 135.110, 135.115, and 135.140 of title 21,
Code of Federal Regulations (or any successor regulations), or any
other term for which the Secretary has promulgated a standard of
identity with respect to a food that is formulated with a dairy product
(as described in subparagraph (2)) as the primary ingredient.''.
(b) Guidance.--
(1) New guidance.--The Secretary of Health and Human
Services, acting through the Commissioner of Food and Drugs,
shall--
(A) not later than 90 days after the date of
enactment of this Act, issue draft guidance on how
enforcement of the amendment made by subsection (a)
will be carried out; and
(B) not later than 180 days after the date of
enactment of this Act, issue final guidance on such
enforcement.
(2) Effect on certain previous guidance.--Effective on the
date of enactment of this Act, any guidance issued by the
Secretary of Health and Human Services, acting through the
Commissioner of Food and Drugs, that is not consistent with
paragraph (z) of section 403 of the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 343), as added by subsection (a), shall
have no force or effect.
(c) Report to Congress.--Not later than 2 years after the date of
enactment of this Act, the Secretary of Health and Human Services,
acting through the Commissioner of Food and Drugs, shall report to
Congress on enforcement actions taken under paragraph (z) of section
403 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 343), as
amended by this Act, including warnings issued pursuant to such
paragraph and penalties assessed under section 303 of such Act (21
U.S.C. 333) with respect to such paragraph. If food that is misbranded
under section 403(z) is offered for sale in interstate commerce at the
time of such report, the Commissioner of Food and Drugs shall include
in such report an updated plan for enforcement with respect to such
food.
<all>
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118S55
|
VACANT Act
|
[
[
"B001236",
"Sen. Boozman, John [R-AR]",
"sponsor"
]
] |
<p><b>VA medical Center Absence and Notification Timeline Act or the VACANT Act</b></p> <p>This bill requires the Department of Veterans Affairs (VA) to comply with certain notification and staffing requirements when a VA medical center director is on detail.</p> <p>Not later than 90 days after detailing a director of a VA medical center to a different position within the VA, the VA must notify Congress with specified information about the detail (e.g., the location of the detail). Additionally, the VA must appoint an individual as acting director not later than 120 days after detailing a director to a different position.</p> <p>The VA must regularly update Congress regarding the status of the detail.</p> <p>Generally, not later than 180 days after detailing a director to a different position, the VA must return the individual to the position as director or reassign the individual from the position and begin the process of hiring a new director. This requirement may be waived for a limited amount of time, but the VA must submit to Congress a justification for the waiver. </p>
|
<html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 55 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 55
To limit the detailing of directors of medical centers of the
Department of Veterans Affairs to different positions within the
Department, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
January 24 (legislative day, January 3), 2023
Mr. Boozman introduced the following bill; which was read twice and
referred to the Committee on Veterans' Affairs
_______________________________________________________________________
A BILL
To limit the detailing of directors of medical centers of the
Department of Veterans Affairs to different positions within the
Department, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``VA medical Center Absence and
Notification Timeline Act'' or the ``VACANT Act''.
SEC. 2. LIMITATION ON DETAIL OF DIRECTORS OF MEDICAL CENTERS OF
DEPARTMENT OF VETERANS AFFAIRS TO DIFFERENT POSITIONS.
(a) Notification.--
(1) In general.--Not later than 90 days after detailing a
director of a medical center of the Department of Veterans
Affairs to a different position within the Department, the
Secretary of Veterans Affairs shall notify the Committee on
Veterans' Affairs of the Senate and the Committee on Veterans'
Affairs of the House of Representatives of such detail.
(2) Matters to be included.--The notification required by
paragraph (1) shall include, with respect to a director of a
medical center who is detailed to a different position within
the Department, the following information:
(A) The location at which the director is detailed.
(B) The position title of the detail.
(C) The estimated time the director is expected to
be absent from their duties at the medical center.
(D) Such other information as the Secretary may
determine appropriate.
(b) Appointment of Acting Director.--Not later than 120 days after
detailing a director of a medical center of the Department to a
different position within the Department, the Secretary shall appoint
an individual as acting director of such medical center with all of the
authority and responsibilities of the detailed director.
(c) Update on Detail.--Not later than 120 days after detailing a
director of a medical center of the Department to a different position
within the Department, and not less frequently than every 30 days
thereafter while the detail is in effect or while the director position
at the medical center is vacant, the Secretary shall submit to the
Committee on Veterans' Affairs of the Senate and the Committee on
Veterans' Affairs of the House of Representatives an update regarding
the status of the detail.
(d) Return to Position or Reassignment.--
(1) In general.--Except as provided in paragraph (2), not
later than 180 days after detailing a director of a medical
center of the Department to a different position within the
Department, for a reason other than an ongoing investigation or
administrative action with respect to the director, the
Secretary shall--
(A) return the individual to the position as
director of the medical center; or
(B) reassign the individual from the position as
director of the medical center and begin the process of
hiring a new director for such position.
(2) Waiver.--
(A) In general.--The Secretary may waive the
requirement under paragraph (1) with respect to an
individual for successive 90-day increments for a total
period of not more than 540 days from the original date
the individual was detailed away from their position as
director of a medical center.
(B) Notification.--Not later than 30 days after
exercising a waiver under subparagraph (A), the
Secretary shall notify Congress of the waiver and
provide to Congress information as to why the waiver is
necessary.
<all>
</pre></body></html>
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[
"Armed Forces and National Security"
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118S550
|
Prioritizing Evidence for Workforce Development Act
|
[
[
"B001310",
"Sen. Braun, Mike [R-IN]",
"sponsor"
]
] |
<p><b>Prioritizing Evidence for Workforce Development Act</b></p> <p>This bill requires state workforce development plans to describe how the state will prioritize funding evidence-based programs that demonstrate positive outcomes for their target populations.</p>
|
<html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 550 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 550
To amend the Workforce Innovation and Opportunity Act to prioritize
programs that provide evidence of performance.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
February 28, 2023
Mr. Braun introduced the following bill; which was read twice and
referred to the Committee on Health, Education, Labor, and Pensions
_______________________________________________________________________
A BILL
To amend the Workforce Innovation and Opportunity Act to prioritize
programs that provide evidence of performance.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Prioritizing Evidence for Workforce
Development Act''.
SEC. 2. PRIORITIZING PROGRAMS THAT PROVIDE EVIDENCE OF PERFORMANCE.
Section 102 of the Workforce Innovation and Opportunity Act (29
U.S.C. 3112) is amended--
(1) in subsection (b)--
(A) in paragraph (1)--
(i) in subparagraph (D), by striking
``and'' after the semicolon;
(ii) in subparagraph (E), by striking the
period at the end and inserting ``; and''; and
(iii) by adding at the end the following:
``(F) a description of how the State plans to
prioritize the funding of evidence-based programs for
which evidence from a rigorous evaluation of the
programs shows a positive effect on the target
population for the programs, with highest priority
given to programs that are high-evidence interventions,
next priority given to programs that are moderate-
evidence interventions, and next priority given to
programs that are low-evidence interventions.''; and
(B) in paragraph (2)(C)--
(i) in clause (vii), by striking ``and''
after the semicolon;
(ii) in clause (viii), by striking the
period at the end and inserting ``; and''; and
(iii) by adding at the end the following:
``(ix) how the State will prioritize the
funding of evidence-based programs for which
evidence from a rigorous evaluation of the
programs shows a positive effect on the target
population for the programs.''; and
(2) by adding at the end the following:
``(d) Definitions.--In subsection (b):
``(1) Evidence-based.--The term `evidence-based', used with
respect to an activity, strategy, or other intervention, means
a high-evidence, moderate-evidence, or low-evidence
intervention.
``(2) High-evidence.--The term `high-evidence', used with
respect to an intervention, means an intervention that is shown
to produce a sizable, sustained effect on important outcomes,
in--
``(A) two or more well-conducted experimental
studies carried out in typical community settings and
conducted at different implementation sites; or
``(B) one large multisite well-conducted
experimental study carried out in such a setting.
``(3) Low-evidence.--The term `low-evidence', used with
respect to an intervention, means an intervention that is shown
to produce or have the potential to produce a positive effect
on important outcomes, in a study based on a reasonable
hypothesis and with credible research findings, such as a
correlational study with statistical controls for selection
bias or descriptive research such as a case study.
``(4) Moderate-evidence.--The term `moderate-evidence',
used with respect to an intervention, means an intervention
that is shown to produce a positive effect, that is sizable but
not yet conclusive, on important outcomes, in at least one
well-conducted experimental study, or in a rigorous quasi-
experimental study from which a researcher can draw a causal
conclusion regarding the intervention's effectiveness.
``(5) Well-conducted experimental study.--The term `well-
conducted experimental study' means an experimental study such
as a study with randomized controlled trials.''.
<all>
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118S551
|
Home Advantage for American Families Act of 2023
|
[
[
"R000595",
"Sen. Rubio, Marco [R-FL]",
"sponsor"
]
] |
<p><strong>Home Advantage for American Families Act</strong> <strong>of 2023</strong></p> <p>This bill requires any foreign person involved in a transaction related to the sale of residential property located in any of the 15 largest metropolitan statistical areas by population to report to the Department of the Treasury information for identifying the person purchasing the property, the amount and source of the funds received by the seller, the date and nature of the transaction, and other information deemed necessary.</p> <p>The bill also increases (1) from 15% to 30% the rate of withholding on sales proceeds of certain residential real property, and (2) the low-income housing tax credit state ceiling.</p>
|
<html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 551 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 551
To reduce the excessive appreciation of United States residential real
estate due to foreign purchases.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
February 28, 2023
Mr. Rubio introduced the following bill; which was read twice and
referred to the Committee on Finance
_______________________________________________________________________
A BILL
To reduce the excessive appreciation of United States residential real
estate due to foreign purchases.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Home Advantage for American Families
Act of 2023''.
SEC. 2. EXPANSION OF TOOLS TO COMBAT MONEY LAUNDERING.
(a) In General.--Subchapter II of chapter 53 of title 31, United
States Code, is amended by adding at the end the following:
``Sec. 5337. Reports on applicable residential property
``(a) Definitions.--In this section:
``(1) Applicable residential property.--The term
`applicable residential property' means property described in
section 1445(f) of the Internal Revenue Code of 1986 and which
is located in any of the 15 largest metropolitan statistical
areas by population (as determined by the Office of Management
and Budget).
``(2) Foreign person.--The term `foreign person' means any
person that is not a citizen or permanent resident of the
United States.
``(3) Sale of applicable residential property.--The term
`sale of applicable residential property' means the sale of an
interest in applicable residential property.
``(b) Reports.--Any foreign person involved in a transaction
related to the sale of applicable residential property shall submit to
the Secretary of the Treasury a report with respect to the transaction
or any related transaction that contains--
``(1) the name and any other identification information
that the Secretary determines is necessary of the individual
purchasing the applicable residential property;
``(2) the amount and source of the funds received by the
seller, as determined by the Secretary;
``(3) the date and nature of the transaction; and
``(4) any other information, including the identification
of the person filing the report, that the Secretary determines
is necessary.
``(c) Regulations.--Not later than 180 days after the date of
enactment of this section, the Secretary shall promulgate regulations
carrying out this section.''.
(b) Technical and Conforming Amendment.--The table of sections for
chapter 53 of title 31, United States Code, is amended by adding at the
end the following:
``5337. Reports on applicable residential property.''.
(c) List of Top 15 Largest Metropolitan Statistical Areas.--Not
less than every 5 years, the Director of the Office of Management and
Budget shall update the list of the 15 largest metropolitan statistical
areas by population.
SEC. 3. INCREASED WITHHOLDING ON SALE DISPOSITION OF CERTAIN UNITED
STATES REAL PROPERTY INTERESTS.
(a) In General.--Section 1445 of the Internal Revenue Code of 1986
is amended by redesignating subsection (f) as subsection (g) and by
inserting after subsection (e) the following new subsection:
``(f) Special Rule for Certain Dispositions of Residential Real
Property.--
``(1) In general.--In the case of the disposition of any
applicable residential property, subsection (a) shall be
applied by substituting `30 percent' for `15 percent'.
``(2) Applicable residential property.--For purposes of
this subsection, the term `applicable residential property'
means any interest which--
``(A) is an interest described in section
897(c)(1)(A)(i), and
``(B) is an interest in residential real
property.''.
(b) Effective Date.--The amendments made by subsection (a) shall
apply to dispositions after the date which is 60 days after the date of
the enactment of this Act.
SEC. 4. INCREASE IN LOW-INCOME HOUSING TAX CREDIT STATE CEILING.
(a) In General.--Section 42(h)(3)(C) of the Internal Revenue Code
of 1986 is amended by striking ``plus'' at the end of clause (iii), by
striking the period at the end of clause (iv) and inserting ``, plus'',
and by inserting after clause (iv) the following:
``(v) the qualified single-family housing
amount determined under subparagraph (J).''.
(b) Qualified Single-Family Housing Amount.--
(1) In general.--Section 42(h)(3) of the Internal Revenue
Code of 1986 is amended by adding at the end the following new
subparagraph:
``(J) Qualified single-family housing amount.--The
qualified single-family housing amount determined under
this subparagraph for any calendar year is an amount
equal to the sum of--
``(i) 10 percent of the amount determined
under subparagraph (C)(ii) for such calendar
year (determined after application of
subparagraph (H)),
``(ii) the excess (if any) of the amount
described in clause (i) for the preceding
calendar year over the amounts allocated to
projects described in paragraph (9) for such
preceding calendar year,
``(iii) the amount allocated within the
State (not in excess of the amount determined
under this subparagraph for the preceding
calendar year reduced by the amount described
in clause (ii) for the second preceding
calendar year) for any project--
``(I) which is described in
paragraph (9) and which fails to meet
the 10 percent test under paragraph
(1)(E)(ii) on a date after the close of
the calendar year in which the
allocation was made,
``(II) which does not become a
qualified low-income housing project
described in paragraph (9) within the
period required by this section or the
terms of the allocation, or
``(III) which is described in
paragraph (9) and with respect to which
an allocation is cancelled by mutual
consent of the housing credit agency
and the allocation recipient, plus
``(iv) the amount, if any, determined under
subparagraph (D), applied--
``(I) by substituting `unused
qualified single-family housing
carryover' for `unused housing credit
carryover' in clause (i) thereof,
``(II) without regard to clause
(ii) thereof,
``(III) by substituting `unused
qualified single-family housing
carryovers' for `unused housing credit
carryovers' in clause (iii) thereof,
and
``(IV) by substituting `an amount
equal to its entire qualified single-
family housing amount to projects
described in paragraph (9)' for `entire
State housing credit ceiling
(determined without regard to amounts
described in subparagraph (C)(v))' in
clause (iv)(I) thereof.''.
(2) Conforming amendments.--
(A) Section 42(h)(3)(C) of such Code is amended by
inserting ``(other than amounts allocated from the
qualified single-family housing amount)'' after ``the
housing credit dollar amount previously allocated
within the State''.
(B) Section 42(h)(3)(D) of such Code is amended by
inserting ``(determined without regard to amounts
described in subparagraph (C)(v))'' after ``entire
State housing credit ceiling''.
(c) Set Aside of Increased Amounts.--Section 42(h) of the Internal
Revenue Code of 1986 is amended by adding at the end the following new
paragraph:
``(9) Set aside of qualified single-family housing
amount.--The portion of the State housing credit ceiling which
is equal to the qualified single-family housing amount for any
calendar year shall be allocated to projects consisting of 1 to
4 dwelling units that are located in qualified census tracts
(as defined in subsection (d)(5)(B)(i)).''.
(d) Effective Date.--The amendments made by this section shall
apply to allocations made for calendar years beginning after the date
of the enactment of this Act.
<all>
</pre></body></html>
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118S552
|
Haiti Economic Lift Program Extension Act of 2023
|
[
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"R000595",
"Sen. Rubio, Marco [R-FL]",
"sponsor"
],
[
"W000790",
"Sen. Warnock, Raphael G. [D-GA]",
"cosponsor"
],
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],
[
"K000384",
"Sen. Kaine, Tim [D-VA]",
"cosponsor"
]
] |
<p><b>Haiti Economic Lift Program Extension Act of 2023</b></p> <p>This bill extends through FY2035 the special duty-free rules for Haiti. It also extends through FY2035 the duty-free treatment provided for certain apparel products assembled in and imported from Haiti.</p>
|
<html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 552 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 552
To extend duty-free treatment provided with respect to imports from
Haiti under the Caribbean Basin Economic Recovery Act.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
February 28, 2023
Mr. Rubio (for himself, Mr. Warnock, Mr. Cassidy, and Mr. Durbin)
introduced the following bill; which was read twice and referred to the
Committee on Finance
_______________________________________________________________________
A BILL
To extend duty-free treatment provided with respect to imports from
Haiti under the Caribbean Basin Economic Recovery 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 ``Haiti Economic Lift Program
Extension Act of 2023''.
SEC. 2. EXTENSION OF SPECIAL RULES FOR HAITI UNDER CARIBBEAN BASIN
ECONOMIC RECOVERY ACT.
Section 213A of the Caribbean Basin Economic Recovery Act (19
U.S.C. 2703a) is amended--
(1) in subsection (b)--
(A) in paragraph (1)--
(i) by amending subparagraph (B)(v)(I) to
read as follows:
``(I) Applicable percentage.--The
term `applicable percentage' means 60
percent or more during the period
beginning on December 20, 2017, and
ending on September 30, 2035.''; and
(ii) by amending subparagraph (C) to read
as follows:
``(C) Quantitative limitations.--The preferential
treatment described in subparagraph (A) shall be
extended, during each period after the initial
applicable 1-year period, to not more than 1.25 percent
of the aggregate square meter equivalents of all
apparel articles imported into the United States in the
most recent 12-month period for which data are
available.''; and
(B) in paragraph (2), by striking ``in each of the
16 succeeding 1-year periods'' each place it appears
and inserting ``in any of the succeeding 1-year
periods''; and
(2) by amending subsection (h) to read as follows:
``(h) Termination.--The duty-free treatment provided under this
section shall remain in effect until September 30, 2035.''.
<all>
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118S553
|
HUD Health and Safety Accountability Act of 2023
|
[
[
"R000595",
"Sen. Rubio, Marco [R-FL]",
"sponsor"
],
[
"S001217",
"Sen. Scott, Rick [R-FL]",
"cosponsor"
]
] |
<html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 553 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 553
To require the Secretary of Housing and Urban Development to reform
policies and issue guidance related to health and safety
accountability, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
February 28, 2023
Mr. Rubio (for himself and Mr. Scott of Florida) introduced the
following bill; which was read twice and referred to the Committee on
Banking, Housing, and Urban Affairs
_______________________________________________________________________
A BILL
To require the Secretary of Housing and Urban Development to reform
policies and issue guidance related to health and safety
accountability, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``HUD Health and Safety Accountability
Act of 2023''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Department.--The term ``Department'' means the
Department of Housing and Urban Development.
(2) Secretary.--The term ``Secretary'' means the Secretary
of Housing and Urban Development.
SEC. 3. REFORMS TO MANAGEMENT AND OCCUPANCY REVIEWS.
Not later than 180 days after the date of enactment of this Act,
the Secretary shall make the following reforms to management and
occupancy reviews conducted by the Office of Multifamily Housing
Programs:
(1) Form 9843 shall be restructured to include the
following as graded factors:
(A) Responsiveness of local code violations.
(B) Remediation of health and sanitation and
structural integrity issues outlined in uniform
physical condition standards inspections.
(C) Remediation of deficiencies outlined in any
demand for corrective actions.
(D) Restoration of the resident satisfaction
section and inclusion of feedback from tenants to
contribute to the grading.
(2) Rebalance existing grading methodology to prioritize--
(A) health, safety, and sanitation conditions;
(B) general physical condition is compliant with
contractual standards; and
(C) remediation of tenant concerns regarding unit
conditions, particularly health, safety, and
sanitation.
(3) The Performance Based Contract Administrator may
formally recommend abatement or cure period for properties and
resident units that do not meet contractual or Federal, State,
or local standards.
(4) Owner-reported notices of local code violations,
security and incident reports, and uniform physical condition
standards inspection reports from the Department shall be
included in the review for the category for overall assessment
and score results.
(5) During the review, Performance Based Contract
Administrators may assess conditions of both occupied (with
resident consent) and unoccupied units.
(6) If a property that has not received a uniform physical
condition standards inspection within 1 year receives an
``unsatisfactory'' rating on a review, a uniform physical
condition standards inspection shall be automatically required
within 120 days.
(7) Allows the Secretary to allocate revenue from civil
money penalties on owners as a result of housing assistance
payment contract violations to fund the reviews and uniform
physical condition standards inspections.
SEC. 4. REFORMS TO LOCAL CODE ENFORCEMENT.
Not later than 180 days after the date of enactment of this Act,
the Secretary shall issue guidance to reform local code enforcement by
the Department, including by requiring owners, or designated property
managers, of properties receiving project-based rental assistance under
section 8(o) of the United States Housing Act of 1937 (42 U.S.C.
1437f(o)) to--
(1) report to the appropriate Performance Based Contract
Administrator and regional office of the Department within 14
days of receiving official notice--
(A) local code enforcement findings of deficient
conditions at properties both generally and at resident
units, including--
(i) a copy of the official notice;
(ii) a summary of the deficiency findings;
and
(iii) a priority summary of health and
safety conditions cited and compliance
requirements; and
(2) report to the local code enforcement entity that the
owner or designated property manager, as applicable, has
submitted the information under paragraph (1).
SEC. 5. REFORMS TO HUD OVERSIGHT.
Not later than 180 days after the date of enactment of this Act,
the Secretary shall issue guidance to--
(1) reform the scoring methodology for uniform physical
condition standards inspections to prioritize health and safety
conditions, including interior unit conditions;
(2) require the Secretary to verify in person that owners
have taken action to address health and safety deficiencies
outlined in a demand for corrective action;
(3) requires property owners to report all deficiencies
listed in a demand for corrective action to the applicable
Performance Based Contract Administrator; and
(4) allow for the Department to abate individual units
assisted under section 8 of the United States Housing Act of
1937 (42 U.S.C. 1437f) from contractual financial payments for
exigent health and safety reasons, provided that tenants of
such units shall not be required to pay contributions toward
rent for during the abatement periods.
SEC. 6. REFORMS TO TENANT SURVEYS.
Not later than 180 days after the date of enactment of this Act,
the Secretary shall develop a process by which a Performance Based
Contract Administrator shall issue tenant surveys, as follows:
(1) For properties receiving a uniform physical condition
standards inspection score of not less than 60/100 and not more
than 80/100, tenant surveys shall be made available to a
sampling of not less than 20 percent of residents of each
structure under a housing assistance payments contract, and
will be required on the next inspection, and ongoing for each
inspection until the property receives a score that is more
than 80/100.
(2) For properties receiving a uniform physical condition
standards inspection score of not more than 59/100, tenant
surveys shall be made available for 100 percent of tenants of
each structure covered under a housing assistance payments
contract for the purpose of identifying consistent or
persistent problems with the physical condition of the
structure or performance of the manager of the structure.
(3) The tenant surveys shall be reviewed by the Performance
Based Contract Administrator and included as graded factors in
uniform physical condition standards inspections, with priority
provided for health and safety deficiencies.
SEC. 7. CONTACT INFORMATION.
Each owner of a property receiving assistance under section 8 of
the United States Housing Act of 1937 (42 U.S.C. 1437f) shall, on an
annual basis, provide to tenants contact information for the
applicable--
(1) regional office of the Department;
(2) local field office of the Department;
(3) public housing agency, as defined in section 3(b) of
the United States Housing Act of 1937 (42 U.S.C. 1437a(b)); and
(4) Performance Based Contract Administrator.
SEC. 8. REPORT.
Not later than 1 year after the date of enactment of this Act, the
Secretary shall submit to Congress a report that--
(1) examines the capital reserves of each structure under a
housing assistance payment contract under section 8 of the
United States Housing Act of 1937 (42 U.S.C. 1437f) with a
uniform physical condition standards inspection score of 59/100
or below, including the use of funds derived from the housing
assistance payment contract for purposes unrelated to the
maintenance and capitalization of the structure, and the
remediation of health and safety issues outlined in uniform
physical condition standards inspections, demands for
corrective actions, and notices of default;
(2) includes a list of each structure under a housing
assistance payment contract under section 8 of the United
States Housing Act of 1937 (42 U.S.C. 1437f) that has received
a demand for corrective action from the Department but has not
complied with compliance or remediation requirements;
(3) a list of each structure under a housing assistance
payment contract under section 8 of the United States Housing
Act of 1937 (42 U.S.C. 1437f) that has not received a uniform
physical condition standards inspection according to the
applicable timeline requirements under section 200.857(b) of
title 24, Code of Federal Regulations (or any successor
regulation) during the 5-year period preceding the date of the
report, and a detailed explanation for why each such structure
was not inspected in according to the applicable timelines;
(4) a detailed list of all crimes of violence (as defined
in section 16 of title 18, United States Code) that have taken
place at each structure under a housing assistance payment
contract under section 8 of the United States Housing Act of
1937 (42 U.S.C. 1437f) during the 5-year period preceding the
date of the report, and recommendations for improving safety
and precautionary security efforts to keep tenants safe from
crimes of violence; and
(5) a detailed list of programmatic recommendations
regarding assistance provided under section 8 of the United
States Housing Act of 1937 (42 U.S.C. 1437f), including--
(A) improving health, sanitation, and safety
conditions;
(B) physical rehabilitation of properties for long-
term sustainability; and
(C) improving enforcement mechanisms on both
property owners and contracted managers to remediate
deficiencies.
<all>
</pre></body></html>
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"chamberCode": null,
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"title": "HUD Health and Safety Accountability Act of 2023",
"titleType": "Short Title(s) as Introduced"
},
{
"billTextVersionCode": "IS",
"billTextVersionName": "Introduced in Senate",
"chamberCode": null,
"chamberName": null,
"title": "A bill to require the Secretary of Housing and Urban Development to reform policies and issue guidance related to health and safety accountability, and for other purposes.",
"titleType": "Official Title as Introduced"
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}
|
|
118S554
|
HUD Inspection Reform and Capital Improvement Act of 2023
|
[
[
"R000595",
"Sen. Rubio, Marco [R-FL]",
"sponsor"
],
[
"S001217",
"Sen. Scott, Rick [R-FL]",
"cosponsor"
]
] |
<html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 554 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 554
To reform the inspection process of housing assisted by the Department
of Housing and Urban Development, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
February 28, 2023
Mr. Rubio (for himself and Mr. Scott of Florida) introduced the
following bill; which was read twice and referred to the Committee on
Banking, Housing, and Urban Affairs
_______________________________________________________________________
A BILL
To reform the inspection process of housing assisted by the Department
of Housing and Urban Development, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``HUD Inspection Reform and Capital
Improvement Act of 2023''.
SEC. 2. DEFINITION.
In this Act, the term ``Secretary'' means the Secretary of Housing
and Urban Development.
SEC. 3. REDUCTION IN GRADE OR PAY OR REMOVAL FOR MISCONDUCT OR
PERFORMANCE OF EMPLOYEES OF THE DEPARTMENT OF HOUSING AND
URBAN DEVELOPMENT.
(a) In General.--Section 7(c) of the Department of Housing and
Urban Development Act (42 U.S.C. 3535(c)) is amended--
(1) by striking ``The Secretary is authorized'' and
inserting the following: ``Employment, Compensation, Authority,
and Duties of Personnel.--
``(1) In general.--The Secretary is authorized''; and
(2) by adding at the end the following:
``(2) Reduction in grade or pay or removal for misconduct
or performance of employees.--
``(A) Definitions.--For purposes of this
paragraph--
``(i) the term `covered employee'--
``(I) means an individual holding a
position in the civil service in the
Department; and
``(II) does not include any
individual--
``(aa) holding in a
position described under
sections 5312 through 5316 of
title 5, United States Code
(relating to the Executive
Schedule);
``(bb) holding a position
as a limited term appointee,
limited emergency appointee, or
noncareer appointee in the
Senior Executive Service, as
defined under paragraphs (5),
(6), and (7), respectively, of
section 3132(a) of title 5,
United States Code; or
``(cc) holding a position
of a confidential or policy-
determining character under
schedule C of subpart C of part
213 of title 5, Code of Federal
Regulations;
``(ii) the term `grade' means a level of
classification under a position classification
system;
``(iii) the term `misconduct' includes
neglect of duty, malfeasance, or failure to
accept a directed reassignment or to accompany
a position in a transfer of function; and
``(iv) the term `pay' means the rate of
basic pay fixed by law or administrative action
for the position held by a covered employee.
``(B) Actions covered.--This paragraph--
``(i) applies to a reduction in grade or
pay or removal; and
``(ii) does not apply to--
``(I) a reduction in grade or pay
or removal under section 7512 of title
5, United States Code;
``(II) a reduction in grade or pay
or removal under section 7521 of title
5, United States Code;
``(III) a removal under section
7532 of title 5, United States Code; or
``(IV) a removal under section
3592, 3595, or 7543 of title 5, United
States Code.
``(C) Cause and procedure.--
``(i) In general.--Notwithstanding any
other provision of law, under regulations
prescribed by the Office of Personnel
Management, the Secretary may, if the Secretary
determines that the misconduct or performance
of a covered employee warrants such action--
``(I) remove the covered employee
from the civil service;
``(II) reduce the grade of the
covered employee; or
``(III) reduce the pay of the
covered employee.
``(ii) Reduction in grade.--A covered
employee subject to a reduction in grade under
clause (i)(II) shall, beginning on the date on
which the reduction takes effect, receive the
annual rate of pay applicable to the reduced
grade.
``(iii) Appeal procedures.--
``(I) In general.--Subject to
subclause (II) and clause (iv), any
reduction in grade or pay or removal
under this paragraph may be appealed to
the Merit Systems Protection Board
under section 7701 of title 5, United
States Code.
``(II) Time for appeal.--An appeal
under subclause (I) may only be made if
such appeal is made not later than 7
days after the date of such reduction
in grade or pay or removal.
``(iv) Review on appeal.--
``(I) In general.--Upon receipt of
an appeal under clause (iii), the Merit
Systems Protection Board shall refer
the appeal to an administrative law
judge pursuant to section 7701(b)(1) of
title 5, United States Code. The
administrative law judge shall expedite
any such appeal under such section and,
in any such case, shall issue a
decision not later than 45 days after
the date on which the Board receives
the appeal.
``(II) Information and
assistance.--To the maximum extent
practicable, the Secretary shall
provide to the Merit Systems Protection
Board, and to any administrative law
judge to whom an appeal under this
paragraph is referred, such information
and assistance as may be necessary to
ensure an appeal under this paragraph
is expedited.
``(III) Finality.--Notwithstanding
any other provision of law, including
section 7703 of title 5, United States
Code, the decision of an administrative
law judge under subclause (I) shall be
final and shall not be subject to any
further appeal.
``(IV) Delayed decision.--
``(aa) In general.--In any
case in which the
administrative law judge cannot
issue a decision in accordance
with the 45-day requirement
under subclause (I), the
reduction in grade or pay or
removal shall be final.
``(bb) Explanation.--In a
case described in item (aa),
the Merit Systems Protection
Board shall, not later than 14
days after the date on which
the reduction in grade or pay
or removal becomes final,
submit to Congress a report
that explains the reasons why a
decision was not issued in
accordance with that
requirement.
``(V) No stays.--The Merit Systems
Protection Board or administrative law
judge may not stay any reduction in
grade or pay or removal action under
this paragraph.
``(VI) Effect of appeal of
removal.--During the period beginning
on the date on which a covered employee
appeals a removal from the civil
service under this paragraph and ending
on the date on which the administrative
law judge issues a final decision on
such appeal, the covered employee may
not receive any pay, awards, bonuses,
incentives, allowances, differentials,
student loan repayments, special
payments, or benefits.
``(v) Whistleblower protection.--In the
case of a covered employee seeking corrective
action (or on behalf of whom corrective action
is sought) from the Office of Special Counsel
based on an alleged prohibited personnel
practice described in section 2302(b) of title
5, United States Code, the Secretary may not
reduce the grade or pay or remove the covered
employee under this paragraph without the
approval of the Special Counsel under section
1214(f) of title 5, United States Code.''.
(b) Application.--The authority under paragraph (2) of section 7(c)
of the Department of Housing and Urban Development Act, as added by
subsection (a), shall apply to any covered employee (as defined in such
paragraph) appointed before, on, or after the date of enactment of this
Act.
(c) Conforming Amendments.--Title 5, United States Code, is
amended--
(1) in section 4303(f)--
(A) in paragraph (3), by striking ``or'' at the
end;
(B) in paragraph (4), by striking the period at the
end and inserting ``, or''; and
(C) by adding at the end the following:
``(5) the reduction in grade or removal of an employee
under section 7(c)(2) of the Department of Housing and Urban
Development Act (42 U.S.C. 3535(c)(2)).'';
(2) in section 7512--
(A) in subparagraph (E), by striking ``, or'' and
inserting a comma;
(B) in subparagraph (F), by striking the period at
the end and inserting ``, or''; and
(C) by adding at the end the following:
``(G) a reduction in grade or pay or removal under section
7(c)(2) of the Department of Housing and Urban Development Act
(42 U.S.C. 3535(c)(2)).'';
(3) in section 7521(b), in the matter following paragraph
(5)--
(A) in subparagraph (B), by striking ``or'' at the
end;
(B) in subparagraph (C), by striking the period at
the end and inserting ``; or''; and
(C) by adding at the end the following:
``(D) a reduction in grade or pay or removal under section
7(c)(2) of the Department of Housing and Urban Development Act
(42 U.S.C. 3535(c)(2)).''; and
(4) in section 7542, by striking ``or to a removal under
section 3592 or 3595 of this title'' and inserting ``to a
removal under section 3592 or 3595 of this title, to an action
under section 713 of title 38, or to a reduction in grade or
pay or removal under section 7(c)(2) of the Department of
Housing and Urban Development Act (42 U.S.C. 3535(c)(2))''.
SEC. 4. ENFORCEMENT OF PHYSICAL CONDITION STANDARDS AND TENANT
PROTECTION.
Section 8(o) of the United States Housing Act of 1937 (42 U.S.C.
1437f(o)), as amended by section 101(b)(2)(B) of division Q of the
Consolidated Appropriations Act, 2021 (Public Law 116-260; 134 Stat.
2163), is amended by adding at the end the following:
``(22) Maintenance of property.--Any entity receiving
housing assistance payments with respect to dwelling units
covered by a housing assistance payments contract shall--
``(A) maintain decent, safe, and sanitary
conditions at those dwelling units, as determined by
the Secretary; and
``(B) comply with any standards under applicable
State or local laws, rules, ordinances, or regulations
relating to the physical condition of those dwelling
units.
``(23) Enforcement of physical condition standards.--
``(A) In general.--The Secretary shall take action
under subparagraph (C) against an entity with a housing
assistance payments contract for project-based
assistance with respect to a multifamily housing
project if--
``(i) the project receives a Uniform
Physical Condition Standards (in this paragraph
referred to as `UPCS') inspection score of not
more than 45;
``(ii) the entity fails to certify in
writing to the Secretary within 3 days of
receiving the score under clause (i) that all
exigent health and safety deficiencies
identified by the inspector at the project have
been corrected; or
``(iii) the project receives a UPCS
inspection score of more than 45 and less than
59 and has received consecutive scores of less
than 60 on UPCS inspections.
``(B) Applicability.--Subparagraph (A) shall--
``(i) apply with respect to insured and
noninsured projects with dwelling units
receiving assistance under this section other
than under paragraph (13); and
``(ii) not apply to dwelling units
receiving assistance with capital or operating
funds under section 9.
``(C) Notification and enforcement.--
``(i) In general.--If an entity violates
clause (i), (ii), or (iii) of subparagraph (A),
the Secretary shall notify the entity and
provide an opportunity for response not later
than 15 days after the date on which the
results of the UPCS inspection are issued.
``(ii) Plan and notice of default.--If
violations remain at a project after the 15-day
period described in clause (i), the Secretary
shall--
``(I) develop a plan to bring the
project into compliance not later than
30 days after the date on which the
results of the UPCS inspection are
issued; and
``(II) provide the owner, the
tenants of the property, the local
government, any mortgagees, and any
contract administrator of the project
with a Notice of Default with a
specified timetable, determined by the
Secretary, for correcting all
deficiencies.
``(iii) Withdrawal of notice of default.--
If an appeal submitted by the entity results in
a UPCS inspection score of not less than 60,
the Secretary may withdraw a Notice of Default
issued under clause (ii)(II).
``(iv) Penalties.--If, at the end of the
timetable described in clause (ii)(II), the
entity fails to fully correct all deficiencies
in the project, the Secretary may--
``(I) require immediate replacement
of project management with a management
agent approved by the Secretary;
``(II) impose civil money
penalties, which--
``(aa) shall be used solely
for the purpose of supporting
safe and sanitary conditions at
the property, as designated by
the Secretary, with priority
given to the tenants of the
property affected by the
penalty; and
``(bb) shall not be payable
out of project income;
``(III) abate the housing
assistance payments contract under this
section, including partial abatement,
as determined by the Secretary, until
all deficiencies have been corrected;
``(IV) pursue transfer of the
project to an owner, approved by the
Secretary under established procedures,
which will be obligated to promptly
make all required repairs and to accept
renewal of the housing assistance
payments contract as long as such
renewal is offered;
``(V) transfer the existing housing
assistance payments contract under this
section to another project or projects
and owner or owners;
``(VI) pursue exclusionary
sanctions, including suspensions or
debarments from Federal programs;
``(VII) seek judicial appointment
of a receiver to manage the property
and cure all project deficiencies or
seek a judicial order of specific
performance requiring the owner to cure
all project deficiencies;
``(VIII) work with the owner,
lender, or other related party to
stabilize the property in an attempt to
preserve the property through
compliance, transfer of ownership, or
an infusion of capital provided by a
third party that requires time to
effectuate; or
``(IX) take any other regulatory or
contractual remedies available as
deemed necessary and appropriate by the
Secretary.
``(D) Contracts.--
``(i) In general.--The Secretary shall take
appropriate steps to ensure that project-based
contracts remain in effect, subject to the
exercise of contractual abatement remedies to
assist relocation of tenants for major threats
to health and safety after written notice to
and informed consent of the affected tenants
and use of other remedies under this paragraph.
``(ii) Other assistance.--To the extent the
Secretary determines, in consultation with the
tenants and the local government, that a
property is not feasible for continued rental
assistance payments under this section or other
housing programs, based on consideration of the
costs of rehabilitating and operating the
property and all available Federal, State, and
local resources, including rent adjustments
under section 524 of the Multifamily Assisted
Housing Reform and Affordability Act of 1997
(42 U.S.C. 1437f note; title V of Public Law
105-65) and environmental conditions that
cannot be remedied in a cost-effective fashion,
the Secretary may, in consultation with the
tenants of the property, contract for project-
based rental assistance payments with an owner
or owners of other existing housing properties,
or provide other rental assistance.
``(E) Report.--
``(i) In general.--The Secretary shall, on
a quarterly basis, issue a publicly available
report on all properties covered by this
paragraph that--
``(I) are assessed through UPCS
inspections; and
``(II)(aa) have a UPCS inspection
score of less than 60; or
``(bb) received an unsatisfactory
management and occupancy review during
the 36-month period preceding the
report.
``(ii) Contents.--Each report issued under
clause (i) shall--
``(I) include, for each property
covered by the report--
``(aa) the UPCS inspection
score and date of inspection;
and
``(bb) the ownership
interest and management of the
property;
``(II) identify--
``(aa) the enforcement
actions being taken to address
the physical conditions of the
properties covered by the
report, including imposition of
civil monetary penalties and
termination of subsidies; and
``(bb) properties that have
been identified multiple times
as having the physical
conditions described in item
(aa);
``(III) identify actions that the
Secretary is taking to--
``(aa) remediate all health
and safety concerns; and
``(bb) protect tenants of
the properties covered by the
report; and
``(IV) include any administrative
or legislative recommendations to
further improve the living conditions
at each property covered under a
housing assistance payments contract.
``(24) Tenant protection.--
``(A) In general.--The Secretary may provide
tenant-based assistance for dwelling units covered
under a project-based assistance subsidy contract if--
``(i) the owner of the dwelling units has
received a Notice of Default; and
``(ii) the dwelling units pose an imminent
health and safety risk to the tenants of the
dwelling units.
``(B) Reimbursements.--To the extent that the
Secretary determines that dwelling units described in
subparagraph (A) are not feasible for continued rental
assistance payments or transfer of the project-based
assistance subsidy contract associated with those
dwelling units to another project or projects and owner
or owners, any remaining amounts associated with those
dwelling units shall be recaptured and used to
reimburse amounts used for tenant-based assistance
under subparagraph (A).''.
SEC. 5. REPORTS ON REAL ESTATE ASSESSMENT CENTER INSPECTIONS.
(a) Annual HUD Report.--Not later than 90 days after the date of
enactment of this Act, and annually thereafter, the Secretary shall
issue a publicly available report on the website of the Department of
Housing and Urban Development (in this section referred to as the
``Department'') regarding Real Estate Assessment Center (in this
section referred to as ``REAC'') inspections of all properties
assisted, insured, or both, under a program of the Department, which
shall include--
(1) the percentage of all inspected properties that
received a REAC-inspected score of less than 65 during the 48-
month period preceding the report;
(2) the number of properties in which the most recent REAC-
inspected score represented a decline relative to the previous
REAC-inspected score;
(3) a list of the 10 metropolitan statistical areas with
the lowest average REAC-inspected scores for all inspected
properties; and
(4) a list of the 10 States with the lowest average REAC-
inspected scores for all inspected properties.
(b) GAO Report.--The Comptroller General of the United States shall
issue a publicly available report on the website of the Government
Accountability Office with recommendations for how REAC inspections of
all properties assisted, insured, or both, under a program of the
Department should be reformed and improved.
SEC. 6. BUDGET-BASED RENTAL ADJUSTMENTS FOR CERTAIN PROPERTIES
RECEIVING PROJECT-BASED RENTAL ASSISTANCE THAT UNDERWENT
MARK-TO-MARKET.
(a) Definition.--In this section, the term ``eligible property''
means a property that--
(1) receives project-based rental assistance under section
8 of the United States Housing Act of 1937 (42 U.S.C. 1437f);
(2) underwent a mortgage restructuring under subtitle A of
the Multifamily Assisted Housing Reform and Affordability Act
of 1997 (42 U.S.C. 1437f note; title V of Public Law 105-65);
and
(3)(A) has been transferred to a different owner due to the
failure of a prior owner to meet Uniform Physical Condition
Standards;
(B) received a failing Uniform Physical Condition Standard
score under a prior owner; or
(C) requires substantial rehabilitation, including the
replacement of major systems, in order to ensure the long term
sustainability of the property, as determined by a capital
needs assessment and as approved by the Secretary.
(b) Authority.--The Secretary may, at the request of the owner of
the property, approve the adjustment of rent on a budget basis (within
the meaning of section 401.412(b) of title 24, Code of Federal
Regulations, or any successor regulation) for an eligible property if
the owner--
(1) demonstrates that--
(A) the available operating revenue is insufficient
to operate and maintain the property; and
(B) a rent adjustment is necessary to support
financing for rehabilitation; and
(2) submits a rehabilitation plan to extend the useful life
of the property for not less than 25 years, including
remediation of all existing health, sanitation, and safety
concerns.
(c) Reporting Requirement.--During the period during which a
property for which a budget-based rental adjustment is approved under
subsection (b) is being rehabilitated, the owner of the property shall
submit to the Secretary a quarterly report that includes--
(1) a description of the progress made on, and expenses
incurred for, capital improvements and debt service;
(2) a detailed list of outstanding improvements;
(3) the expected completion date for each outstanding
improvement described in paragraph (2); and
(4) any other information required by the Secretary.
SEC. 7. CODIFICATION OF UNIFORM PHYSICAL CONDITION STANDARDS INSPECTION
TIMELINES FOR UNITS RECEIVING PROJECT-BASED RENTAL
ASSISTANCE.
(a) Definition.--In this section, the term ``covered property''
means a property that receives project-based rental assistance under
section 8 of the United States Housing Act of 1937 (42 U.S.C. 1437f).
(b) Scoring and Ranking of Physical Condition.--The Secretary shall
score and rank the physical condition of covered properties in
accordance with this section.
(c) Methodology for Ranking.--
(1) In general.--The Secretary shall score each covered
property on the basis of a 100-point scale.
(2) Fractions.--In scoring a covered property under
paragraph (1), the Secretary shall round--
(A) a score that includes a fraction below one half
point to the next lower full point; and
(B) a score that includes a fraction of one half
point or higher to the next higher full point.
(d) Designations and Frequency of Inspections.--
(1) Standard 1 performing property.--The Secretary shall--
(A) designate a covered property that receives a
score of not less than 90 points on its physical
condition inspection as a standard 1 performing
property; and
(B) conduct a physical inspection of a standard 1
performing property once every 3 years.
(2) Standard 2 performing property.--The Secretary shall--
(A) designate a covered property that receives a
score of not less than 80 points and less than 90
points on its physical condition inspection as a
standard 2 performing property; and
(B) conduct a physical inspection of a standard 2
performing property once every 2 years.
(3) Standard 3 performing property.--The Secretary shall--
(A) designate a covered property that receives a
score of less than 80 points on its physical condition
inspection as a standard 3 performing property; and
(B) conduct a physical inspection of a standard 3
performing property every year.
(e) Special Requirements.--If a covered property receives a score
in the range of a standard 1 performing property or standard 2
performing property on its physical condition inspection and has been
cited by the Secretary as having an exigent health and safety
deficiency, the property--
(1) shall only shall be designated as a standard 1
performing property or standard 2 performing property,
respectively, if the owner resolves the deficiency; and
(2) shall be designated as a standard 3 performing property
if the owner does not resolve the deficiency.
(f) Authority To Delay Inspections.--
(1) In general.--Notwithstanding subsection (d), the
Secretary may delay the physical inspection of a covered
property that is undergoing a substantial rehabilitation.
(2) Definition.--For purposes of this subsection, the term
``substantial rehabilitation'', with respect to a covered
property, means a physical rehabilitation for the long-term
sustainability of the property where the costs of the
rehabilitation exceed 25 percent of the property's replacement
cost (calculated based on fair market value) after completion
of all required repairs, replacements, and improvements.
<all>
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118S555
|
Livestock Disaster Assistance Improvement Act of 2023
|
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"sponsor"
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[
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"Sen. Lujan, Ben Ray [D-NM]",
"cosponsor"
]
] |
<html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 555 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 555
To improve disaster assistance programs of the Department of
Agriculture, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
February 28, 2023
Mr. Thune (for himself and Mr. Lujan) introduced the following bill;
which was read twice and referred to the Committee on Agriculture,
Nutrition, and Forestry
_______________________________________________________________________
A BILL
To improve disaster assistance programs of the Department of
Agriculture, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Livestock Disaster Assistance
Improvement Act of 2023''.
SEC. 2. EMERGENCY CONSERVATION PROGRAM.
Title IV of the Agricultural Credit Act of 1978 is amended by
inserting after section 402B (16 U.S.C. 2202b) the following:
``SEC. 402C. ADDITIONAL REQUIREMENTS FOR THE EMERGENCY CONSERVATION
PROGRAM.
``(a) Eligibility of Federal, State, and Local Land Users.--
``(1) In general.--An agricultural producer eligible to
receive payments under sections 401 and 402 includes a person
that--
``(A) holds a permit from the Federal Government to
conduct agricultural production or grazing on Federal
land; or
``(B) leases land from a State or unit of local
government to conduct agricultural production or
grazing on that land.
``(2) Effect.--Nothing in this subsection authorizes the
Secretary to make a payment under section 401 or 402 to a State
or unit of local government.
``(b) Permanent Improvements.--Emergency measures eligible for
payments under sections 401 and 402 include--
``(1) new permanent measures, including permanent water
wells and pipelines; and
``(2) replacement or restoration of existing emergency
measures with permanent measures, including permanent water
wells and pipelines.
``(c) Streamlining Application Process.--
``(1) Waiver of public comment.--During a drought
emergency, as determined by the Secretary, the 30-day public
comment period required under the National Environmental Policy
Act of 1969 (42 U.S.C. 4321 et seq.) shall be waived with
respect to an application to carry out emergency measures under
section 401 or 402 on land administered by the Secretary of the
Interior, acting through the Director of the Bureau of Land
Management (referred to in this subsection as the `Secretary of
the Interior').
``(2) Acceptance of nrcs reviews.--With respect to an
application to carry out emergency measures under section 401
or 402 on land administered by the Secretary of the Interior,
the Secretary of the Interior may accept--
``(A) during a drought emergency, as determined by
the Secretary, an archeological review conducted by the
Secretary, acting through the Chief of the Natural
Resources Conservation Service, for purposes of an
archeological review required to be conducted;
``(B) an environmental review under the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et
seq.) conducted by the Secretary, acting through the
Chief of the Natural Resources Conservation Service,
for purposes of such an environmental review required
to be conducted; and
``(C) a review under the Endangered Species Act of
1973 (16 U.S.C. 1531 et seq.) conducted by the
Secretary, acting through the Chief of the Natural
Resources Conservation Service, for purposes of such a
review required to be conducted.''.
SEC. 3. EMERGENCY FOREST RESTORATION PROGRAM.
Section 407 of the Agricultural Credit Act of 1978 (16 U.S.C. 2206)
is amended--
(1) in subsection (a)--
(A) by redesignating paragraphs (1) through (3) as
paragraphs (3) through (5), respectively;
(B) by inserting before paragraph (3) (as so
redesignated) the following:
``(1) Eligible entity.--The term `eligible entity' means--
``(A) with respect to nonindustrial private forest
land, an owner of the nonindustrial private forest
land;
``(B) with respect to Federal land, a person that
holds a permit from the Federal Government to conduct
agricultural production or grazing on the Federal land;
and
``(C) with respect to land owned by a State or a
unit of local government, a person that leases land
from the State or unit of local government to conduct
agricultural production or grazing on that land.
``(2) Eligible land.--The term `eligible land' means--
``(A) nonindustrial private forest land;
``(B) Federal land; and
``(C) land owned by a State or unit of local
government.''; and
(C) in paragraph (3) (as so redesignated)--
(i) in subparagraph (A)--
(I) in the matter preceding clause
(i), by striking ``nonindustrial
private forest land'' and inserting
``eligible land''; and
(II) by redesignating clauses (i)
and (ii) as subclauses (I) and (II),
respectively, and indenting
appropriately;
(ii) by redesignating subparagraphs (A) and
(B) as clauses (i) and (ii), respectively, and
indenting appropriately;
(iii) in the matter preceding clause (i)
(as so redesignated), by striking ``The term''
and inserting the following:
``(A) In general.--The term''; and
(iv) by adding at the end the following:
``(B) Inclusions.--The term `emergency measures'
includes--
``(i) new permanent measures described in
subparagraph (A), including permanent water
wells and pipelines; and
``(ii) replacement or restoration of
existing emergency measures with permanent
measures described in subparagraph (A),
including permanent water wells and
pipelines.'';
(2) in subsection (b)--
(A) by striking ``an owner of nonindustrial private
forest land who'' and inserting ``an eligible entity
that''; and
(B) by striking ``restore the land'' and inserting
``restore eligible land'';
(3) in subsection (c)--
(A) by striking ``owner must'' and inserting
``eligible entity shall''; and
(B) by striking ``nonindustrial private forest
land'' and inserting ``eligible land'';
(4) in subsection (d), by striking ``an owner of
nonindustrial private forest land'' and inserting ``an eligible
entity'';
(5) by redesignating subsection (e) as subsection (g); and
(6) by inserting after subsection (d) the following:
``(e) Streamlining Application Process.--
``(1) Waiver of public comment.--During a drought
emergency, as determined by the Secretary, the 30-day public
comment period required under the National Environmental Policy
Act of 1969 (42 U.S.C. 4321 et seq.) shall be waived with
respect to an application to carry out emergency measures under
this section on land administered by the Secretary of the
Interior, acting through the Director of the Bureau of Land
Management (referred to in this subsection as the `Secretary of
the Interior').
``(2) Acceptance of nrcs reviews.--With respect to an
application to carry out emergency measures under this section
on land administered by the Secretary of the Interior, the
Secretary of the Interior may accept--
``(A) during a drought emergency, as determined by
the Secretary, an archeological review conducted by the
Secretary, acting through the Chief of the Natural
Resources Conservation Service, for purposes of an
archeological review required to be conducted;
``(B) an environmental review under the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et
seq.) conducted by the Secretary, acting through the
Chief of the Natural Resources Conservation Service,
for purposes of such an environmental review required
to be conducted; and
``(C) a review under the Endangered Species Act of
1973 (16 U.S.C. 1531 et seq.) conducted by the
Secretary, acting through the Chief of the Natural
Resources Conservation Service, for purposes of such a
review required to be conducted.
``(f) Effect.--Nothing in this section authorizes the Secretary to
make a payment under this section to a State or unit of local
government.''.
SEC. 4. LIVESTOCK FORAGE DISASTER PROGRAM.
Section 1501(c)(3)(D)(ii)(I) of the Agricultural Act of 2014 (7
U.S.C. 9081(c)(3)(D)(ii)(I)) is amended--
(1) by striking ``at least 8 consecutive'' and inserting
the following: ``not less than--
``(aa) 4 consecutive weeks
during the normal grazing
period for the county, as
determined by the Secretary,
shall be eligible to receive
assistance under this paragraph
in an amount equal to 1 monthly
payment using the monthly
payment rate determined under
subparagraph (B); or
``(bb) 8 consecutive''; and
(2) in item (bb) (as so designated), by striking ``1
monthly payment'' and inserting ``2 monthly payments''.
SEC. 5. EMERGENCY ASSISTANCE FOR LIVESTOCK, HONEY BEES, AND FARM-RAISED
FISH.
(a) In General.--Section 1501(d) of the Agricultural Act of 2014 (7
U.S.C. 9081(d)) is amended--
(1) in paragraph (1), by inserting ``drought,'' after
``adverse weather,'';
(2) in paragraph (2), by inserting ``adverse weather or
drought (such as added transportation costs, feed costs, and
reduced honey crops for eligible producers of honey bees),''
after ``disease,'';
(3) in paragraph (4)--
(A) by striking ``In the case'' and inserting the
following:
``(A) In general.--In the case''; and
(B) by adding at the end the following:
``(B) Requirements.--The payment rate under
subparagraph (A) shall--
``(i) in the case of eligible producers of
honey bees, incorporate per-hive and per-colony
rates of loss; and
``(ii) incorporate a standardized expected
mortality rate of 15 percent.''; and
(4) by adding at the end the following:
``(5) Documentation.--
``(A) In general.--Any requirements for the
submission of documentation by an eligible producer to
receive a payment under this subsection shall be
consistent nationwide.
``(B) Producers of honey bees.--The Secretary, in
consultation with eligible producers of honey bees,
shall establish a standard, for purposes of this
subsection, for--
``(i) collecting data; and
``(ii) setting an annual rate for replacing
colonies and hives of honey bees.''.
(b) Applicability to Producers of Honey Bees.--The Secretary of
Agriculture shall apply the amendments made by subsection (a) to
producers of honey bees such that there is no limit on the size of a
beekeeping operation with respect to those amendments.
SEC. 6. DROUGHT MONITOR INTERAGENCY WORKING GROUP.
(a) In General.--Not later than 180 days after the date of
enactment of this Act, the Secretary of Agriculture shall establish an
interagency working group (referred to in this section as the ``working
group'') to improve the availability of consistent, accurate, and
reliable data for use in producing the United States Drought Monitor in
accordance with section 12512 of the Agriculture Improvement Act of
2018 (7 U.S.C. 5856).
(b) Membership.--The working group shall consist of not fewer
than--
(1) 3 representatives from the Department of Agriculture,
including 1 representative from each of--
(A) the Office of the Chief Economist, who shall
serve as the Chair of the working group;
(B) the Forest Service; and
(C) the Farm Service Agency;
(2) 4 representatives from the National Oceanic and
Atmospheric Administration, including 1 representative from
each of--
(A) the Climate Prediction Center;
(B) the National Centers for Environmental
Information;
(C) the National Integrated Drought Information
System; and
(D) the National Mesonet Program;
(3) 1 representative from the National Drought Mitigation
Center;
(4) 1 representative from the Department of the Interior;
and
(5) 3 representatives from mesonet programs in States--
(A) that have experienced severe drought, as
determined by the United States Drought Monitor, in not
less than 5 calendar years during the period of
calendar years 2012 through 2021; and
(B) more than 50 percent of the land area of which
is designated by the Economic Research Service as a
Level 1 frontier and remote area.
(c) Duties.--The working group shall--
(1) develop a means for the inclusion of additional in-situ
data into the process of developing the United States Drought
Monitor, including--
(A) determining minimum requirements for data to be
included in the United States Drought Monitor;
(B) identifying data available from other
government agencies, including through portals managed
by the National Oceanic and Atmospheric Administration;
and
(C) identifying gaps in coverage and determining
solutions to address those gaps;
(2) identify and address potential barriers to the use of
existing data, including--
(A) identifying Federal datasets that would be of
immediate use in developing the United States Drought
Monitor where access is restricted to some or all
authors of the United States Drought Monitor; and
(B) developing proposed accommodations,
modifications to contractual agreements, or updates to
interagency memoranda of understanding to allow for
incorporation of datasets identified under subparagraph
(A);
(3) develop an open and transparent methodology for vetting
data products developed using remote sensing or modeling;
(4) if determined appropriate by the working group, develop
a methodology for inclusion of data that may otherwise be
excluded from the United States Drought Monitor due to shorter
periods of record; and
(5) identify and address any other issues relating to data
availability and quality, as determined appropriate by the
Chair of the working group.
(d) Report.--
(1) In general.--Not later than 1 year after the date of
enactment of this Act, the working group shall submit to the
Secretary of Agriculture, the Secretary of Commerce, the
Secretary of the Interior, and the relevant committees of
Congress a report containing recommendations for changes in
policies, regulations, guidance documents, or existing law to
meet the objectives described in subsection (c).
(2) Definition of relevant committees of congress.--In this
subsection, the term ``relevant committees of Congress''
means--
(A) the Committee on Agriculture, Nutrition, and
Forestry of the Senate;
(B) the Committee on Commerce, Science, and
Transportation of the Senate;
(C) the Committee on Agriculture of the House of
Representatives; and
(D) the Committee on Science, Space, and Technology
of the House of Representatives.
(e) Action by the Secretary.--Not later than 180 days after the
date of submission of the report under subsection (d), the Secretary of
Agriculture, in coordination with the Secretary of Commerce and the
Secretary of the Interior, shall incorporate, to the extent
practicable, the recommendations of the working group to improve the
United States Drought Monitor in accordance with section 12512 of the
Agriculture Improvement Act of 2018 (7 U.S.C. 5856).
(f) Termination.--The working group shall terminate on the date
that is 90 days after the date on which the report is submitted under
subsection (d).
SEC. 7. ALIGNMENT OF FARM SERVICE AGENCY AND FOREST SERVICE DROUGHT
RESPONSE.
(a) In General.--Not later than 60 days after the date of
submission of the report under section 6(d), the Administrator of the
Farm Service Agency and the Chief of the Forest Service shall enter
into a memorandum of understanding to better align drought response
activities of the Farm Service Agency and the Forest Service (referred
to in this section as the ``agencies'').
(b) Contents.--The memorandum of understanding entered into under
subsection (a) shall include--
(1) a commitment to better align practices of the agencies
with respect to determining the severity of regional drought
conditions;
(2) a strategy for amending those determinations to ensure
consistent policy with respect to drought response in cases
where the agencies are making inconsistent determinations
within the same spatial scale;
(3) an agreement to utilize, to the extent practicable, the
United States Drought Monitor in making those determinations;
and
(4) an agreement to provide consistent information to
grazing permittees, operators, and other stakeholders affected
by determinations relating to drought.
<all>
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|
118S556
|
Combating Racist Training in the Military Act of 2023
|
[
[
"C001095",
"Sen. Cotton, Tom [R-AR]",
"sponsor"
],
[
"D000618",
"Sen. Daines, Steve [R-MT]",
"cosponsor"
],
[
"B001243",
"Sen. Blackburn, Marsha [R-TN]",
"cosponsor"
],
[
"L000577",
"Sen. Lee, Mike [R-UT]",
"cosponsor"
],
[
"L000575",
"Sen. Lankford, James [R-OK]",
"cosponsor"
]
] |
<p><strong>Combating Racist Training in the Military Act of 2023</strong></p> <p>This bill prohibits the Armed Forces and academic institutions of the Department of Defense from promoting specified anti-American and racist theories (e.g., that any race is inherently superior or inferior to any other race). </p> <p>Specifically, the bill prohibits</p> <ul> <li> including anti-American and racist theories or materials in curricula, reading lists, seminars, workshops, trainings, or other educational or professional settings in a manner that could appear as sponsorship, approval, or endorsement;</li> <li>contracting with, hiring, or otherwise engaging speakers, consultants, diversity trainers, and other persons for the purpose of advocating anti-American and racist theories;</li> <li>compelling members of the Armed Forces to affirm or profess belief in anti-American and racist theories; and</li> <li>segregating members of the Armed Forces by race in any setting, including educational and training sessions.<br> </li> </ul>
|
<html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 556 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 556
To prohibit the United States Armed Forces from promoting anti-American
and racist theories.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
February 28, 2023
Mr. Cotton (for himself, Mr. Daines, Mrs. Blackburn, Mr. Lee, and Mr.
Lankford) introduced the following bill; which was read twice and
referred to the Committee on Armed Services
_______________________________________________________________________
A BILL
To prohibit the United States Armed Forces from promoting anti-American
and racist theories.
Be it enacted by the Senate 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 Racist Training in the
Military Act of 2023''.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) The founding principles of the United States include
the belief, enshrined in the Declaration of Independence, that
``all men are created equal'' and ``are endowed by their
Creator with certain unalienable Rights''.
(2) The United States commitment to the equal dignity and
natural rights of all mankind is the strongest possible defense
against racism and oppression of all kinds.
(3) The mission of the United States Armed Forces is to
``support and defend the Constitution of the United States
against all enemies, foreign and domestic'' and ``bear true
faith and allegiance to the same''.
(4) To carry out this mission, the Armed Forces must train
leaders who love the United States, its citizens, and the
aforementioned founding principles.
(5) Anti-American and racist theories, such as ``Critical
Race Theory'', teach that the United States is a fundamentally
racist Nation, that the Constitution is a fundamentally racist
document, and that certain races are fundamentally oppressive
or oppressed.
(6) Such theories encourage people to judge and treat
others differently on the basis of their race, rather than
treating them as equal citizens and human beings with equal
dignity and protection under the law.
(7) Anti-American and racist theories, such as Critical
Race Theory, teach students to distrust and even hate their
country and fellow citizens.
(8) The United States Armed Forces should not promote or
otherwise encourage anti-American and racist theories that
demoralize and divide its members while undermining its mission
to ``bear true faith and allegiance'' to the Constitution.
SEC. 3. PROHIBITION ON PROMOTION OF ANTI-AMERICAN AND RACIST THEORIES.
(a) In General.--The United States Armed Forces and academic
institutions operated or controlled by the Department of Defense shall
not promote the following anti-American and racist theories:
(1) Any race is inherently superior or inferior to any
other race.
(2) The United States of America is a fundamentally racist
country.
(3) The Declaration of Independence or the United States
Constitution are fundamentally racist documents.
(4) An individual's moral character or worth is determined
by his or her race.
(5) An individual, by virtue of his or her race, is
inherently racist or oppressive, whether consciously or
unconsciously.
(6) An individual, because of his or her race, bears
responsibility for the actions committed by other members of
his or her race.
(b) Promote Defined.--In this section, the term ``promote'' means
the following:
(1) Including theories described under subsection (a) or
materials that advocate such theories in curricula, reading
lists, seminars, workshops, trainings, or other educational or
professional settings in a manner that could reasonably give
rise to the appearance of official sponsorship, approval, or
endorsement.
(2) Contracting with, hiring, or otherwise engaging
speakers, consultants, diversity trainers, and other persons
for the purpose of advocating theories described under
subsection (a).
(3) Compelling members of the Armed Forces to affirm or
profess belief in theories described under subsection (a).
(4) Segregating members of the Armed Forces or other
individuals by race in any setting, including educational and
training sessions.
(c) Rules of Construction.--
(1) Protected speech not restricted.--Nothing in this
section shall be construed to restrict the protected speech of
members of the Armed Forces or any individual.
(2) Access to materials for the purpose of research or
independent study.--Nothing in this section shall be construed
to prevent individuals from accessing materials that advocate
theories described under subsection (a) for the purpose of
research or independent study.
(3) Contextual education.--Nothing in this section shall be
construed to prevent the United States Armed Forces and
academic institutions operated or controlled by the Department
of Defense from stating theories described under subsection (a)
or assigning materials that advocate such theories for
educational purposes in contexts that make clear the United
States Armed Forces and Department of Defense does not sponsor,
approve, or endorse such theories or works.
<all>
</pre></body></html>
|
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118S557
|
Opportunities for Fairness in Farming Act of 2023
|
[
[
"L000577",
"Sen. Lee, Mike [R-UT]",
"sponsor"
],
[
"B001288",
"Sen. Booker, Cory A. [D-NJ]",
"cosponsor"
],
[
"P000603",
"Sen. Paul, Rand [R-KY]",
"cosponsor"
],
[
"W000817",
"Sen. Warren, Elizabeth [D-MA]",
"cosponsor"
],
[
"G000555",
"Sen. Gillibrand, Kirsten E. [D-NY]",
"cosponsor"
]
] |
<p><b>Opportunities for Fairness in Farming Act of 202</b><strong></strong><b>3</b></p> <p>This bill establishes restrictions and requirements for checkoff programs, which are programs overseen by the Department of Agriculture (USDA) to promote and provide research and information for a particular agricultural commodity without reference to specific producers or brands. </p> <p>The bill prohibits boards established to carry out a checkoff program or a USDA order issued under a checkoff program from entering into a contract or agreement to carry out program activities with a party that engages in activities to influence any government policy or action that relates to agriculture.</p> <p> A board or its employees or agents acting in their official capacity may not engage in any</p> <ul> <li> act that may involve a conflict of interest; </li> <li>anticompetitive activity;</li> <li>unfair or deceptive act or practice; or</li> <li>act that may be disparaging to, or in any way negatively portray, another agricultural commodity or product. </li> </ul> <p>Upon approval of USDA, a board may enter directly into contracts and agreements to carry out generic promotion, research, or other activities authorized by law if the agreement or contract requires records accounting for the funds received to be submitted to the board. </p> <p>The board must meet specified requirements regarding the publication of budgets and disbursements of funds. </p> <p>The USDA Inspector General and the Government Accountability Office must conduct specified audits regarding checkoff programs. </p>
|
<html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 557 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 557
To prohibit certain practices relating to certain commodity promotion
programs, to require greater transparency by those programs, and for
other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
February 28, 2023
Mr. Lee (for himself, Mr. Booker, Mr. Paul, Ms. Warren, and Mrs.
Gillibrand) introduced the following bill; which was read twice and
referred to the Committee on Agriculture, Nutrition, and Forestry
_______________________________________________________________________
A BILL
To prohibit certain practices relating to certain commodity promotion
programs, to require greater transparency by those programs, and for
other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Opportunities for Fairness in
Farming Act of 2023''.
SEC. 2. FINDINGS.
Congress finds that--
(1) the generic programs to promote and provide research
and information for an agricultural commodity (commonly known
as ``checkoff programs'') are intended to increase demand for
all of that agricultural commodity and benefit all assessed
producers of that agricultural commodity;
(2) although the laws establishing checkoff programs
broadly prohibit the use of funds in any manner for the purpose
of influencing legislation or government action, checkoff
programs have repeatedly been shown to use funds to influence
policy directly or by partnering with organizations that lobby;
(3) the unlawful use of checkoff programs funds benefits
some agricultural producers while harming many others;
(4) to more effectively prevent Boards from using funds for
unlawful purposes, strict separation of engagement between the
Boards and policy entities is necessary;
(5) conflicts of interest in the checkoff programs allow
special interests to use checkoff program funds for the benefit
of some assessed agricultural producers at the expense of many
others;
(6) prohibiting conflicts of interest in checkoff programs
is necessary to ensure the proper and lawful operation of the
checkoff programs;
(7) checkoff programs are designed to promote agricultural
commodities, not to damage other types of agricultural
commodities through anticompetitive conduct or otherwise;
(8) prohibiting anticompetitive and similar conduct is
necessary to ensure proper and lawful operation of checkoff
programs;
(9) lack of transparency in checkoff programs enables
abuses to occur and conceals abuses from being discovered; and
(10) requiring transparency in the expenditure of checkoff
program funds is necessary to prevent and uncover abuses in
checkoff programs.
SEC. 3. DEFINITIONS.
In this Act:
(1) Board.--The term ``Board'' means a board, committee, or
similar entity established to carry out a checkoff program or
an order issued by the Secretary under a checkoff program.
(2) Checkoff program.--The term ``checkoff program'' means
a program to promote and provide research and information for a
particular agricultural commodity without reference to specific
producers or brands, including a program carried out under any
of the following:
(A) The Cotton Research and Promotion Act (7 U.S.C.
2101 et seq.).
(B) The Potato Research and Promotion Act (7 U.S.C.
2611 et seq.).
(C) The Egg Research and Consumer Information Act
(7 U.S.C. 2701 et seq.).
(D) The Beef Research and Information Act (7 U.S.C.
2901 et seq.).
(E) The Wheat and Wheat Foods Research and
Nutrition Education Act (7 U.S.C. 3401 et seq.).
(F) The Floral Research and Consumer Information
Act (7 U.S.C. 4301 et seq.).
(G) Subtitle B of the Dairy Production
Stabilization Act of 1983 (7 U.S.C. 4501 et seq.).
(H) The Honey Research, Promotion, and Consumer
Information Act (7 U.S.C. 4601 et seq.).
(I) The Pork Promotion, Research, and Consumer
Information Act of 1985 (7 U.S.C. 4801 et seq.).
(J) The Watermelon Research and Promotion Act (7
U.S.C. 4901 et seq.).
(K) The Pecan Promotion and Research Act of 1990 (7
U.S.C. 6001 et seq.).
(L) The Mushroom Promotion, Research, and Consumer
Information Act of 1990 (7 U.S.C. 6101 et seq.).
(M) The Lime Research, Promotion, and Consumer
Information Act of 1990 (7 U.S.C. 6201 et seq.).
(N) The Soybean Promotion, Research, and Consumer
Information Act (7 U.S.C. 6301 et seq.).
(O) The Fluid Milk Promotion Act of 1990 (7 U.S.C.
6401 et seq.).
(P) The Fresh Cut Flowers and Fresh Cut Greens
Promotion and Information Act of 1993 (7 U.S.C. 6801 et
seq.).
(Q) The Sheep Promotion, Research, and Information
Act of 1994 (7 U.S.C. 7101 et seq.).
(R) Section 501 of the Federal Agriculture
Improvement and Reform Act of 1996 (7 U.S.C. 7401).
(S) The Commodity Promotion, Research, and
Information Act of 1996 (7 U.S.C. 7411 et seq.).
(T) The Canola and Rapeseed Research, Promotion,
and Consumer Information Act (7 U.S.C. 7441 et seq.).
(U) The National Kiwifruit Research, Promotion, and
Consumer Information Act (7 U.S.C. 7461 et seq.).
(V) The Popcorn Promotion, Research, and Consumer
Information Act (7 U.S.C. 7481 et seq.).
(W) The Hass Avocado Promotion, Research, and
Information Act of 2000 (7 U.S.C. 7801 et seq.).
(3) Conflict of interest.--The term ``conflict of
interest'' means a direct or indirect financial interest in a
person or entity that performs a service for, or enters into a
contract or agreement with, a Board for anything of economic
value.
(4) Secretary.--The term ``Secretary'' means the Secretary
of Agriculture.
SEC. 4. REQUIREMENTS OF CHECKOFF PROGRAMS.
(a) Prohibitions.--
(1) In general.--Except as provided in paragraph (4), a
Board shall not enter into any contract or agreement to carry
out checkoff program activities with a party that engages in
activities for the purpose of influencing any government policy
or action that relates to agriculture.
(2) Conflict of interest.--A Board shall not engage in, and
shall prohibit the employees and agents of the Board, acting in
their official capacity, from engaging in, any act that may
involve a conflict of interest.
(3) Other prohibitions.--A Board shall not engage in, and
shall prohibit the employees and agents of the Board, acting in
their official capacity, from engaging in--
(A) any anticompetitive activity;
(B) any unfair or deceptive act or practice; or
(C) any act that may be disparaging to, or in any
way negatively portray, another agricultural commodity
or product.
(4) Exception for certain contracts with institutions of
higher education.--Paragraph (1) shall not apply to a contract
or agreement entered into between a Board and an institution of
higher education for the purpose of research, extension, and
education.
(b) Authority To Enter Into Contracts.--Notwithstanding any other
provision of law, on approval of the Secretary, a Board may enter
directly into contracts and agreements to carry out generic promotion,
research, or other activities authorized by law.
(c) Production of Records.--
(1) In general.--Each contract or agreement of a checkoff
program shall provide that the entity that enters into the
contract or agreement shall produce to the Board accurate
records that account for all funds received under the contract
or agreement, including any goods or services provided or costs
incurred in connection with the contract or agreement.
(2) Maintenance of records.--A Board shall maintain any
records received under paragraph (1).
(d) Publication of Budgets and Disbursements.--
(1) In general.--The Board shall publish and make available
for public inspection all budgets and disbursements of funds
entrusted to the Board that are approved by the Secretary,
immediately on approval by the Secretary.
(2) Required disclosures.--In carrying out paragraph (1),
the Board shall disclose--
(A) the amount of the disbursement;
(B) the purpose of the disbursement, including the
activities to be funded by the disbursement;
(C) the identity of the recipient of the
disbursement; and
(D) the identity of any other parties that may
receive the disbursed funds, including any contracts or
subcontractors of the recipient of the disbursement.
(e) Audits.--
(1) Periodic audits by inspector general of usda.--
(A) In general.--Not later than 2 years after the
date of enactment of this Act, and not less frequently
than every 5 years thereafter, the Inspector General of
the Department of Agriculture shall conduct an audit to
determine the compliance of each checkoff program with
this section during the period of time covered by the
audit.
(B) Review of records.--An audit conducted under
subparagraph (A) shall include a review of any records
produced to the Board under subsection (c)(1).
(C) Submission of reports.--On completion of each
audit under subparagraph (A), the Inspector General of
the Department of Agriculture shall--
(i) prepare a report describing the audit;
and
(ii) submit the report described in clause
(i) to--
(I) the appropriate committees of
Congress, including the Subcommittee on
Antitrust, Competition Policy and
Consumer Rights of the Committee on the
Judiciary of the Senate; and
(II) the Comptroller General of the
United States.
(2) Audit by comptroller general.--
(A) In general.--Not earlier than 3 years, and not
later than 5 years, after the date of enactment of this
Act, the Comptroller General of the United States
shall--
(i) conduct an audit to assess--
(I) the status of actions taken for
each checkoff program to ensure
compliance with this section; and
(II) the extent to which actions
described in subclause (I) have
improved the integrity of a checkoff
program; and
(ii) prepare a report describing the audit
conducted under clause (i), including any
recommendations for--
(I) strengthening the effect of
actions described in clause (i)(I); and
(II) improving Federal legislation
relating to checkoff programs.
(B) Consideration of inspector general reports.--
The Comptroller General of the United States shall
consider reports described in paragraph (1)(C) in
preparing any recommendations in the report under
subparagraph (A)(ii).
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 provision to any
other person or circumstance, shall not be affected.
<all>
</pre></body></html>
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[
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118S558
|
Stop CRT Act
|
[
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"C001095",
"Sen. Cotton, Tom [R-AR]",
"sponsor"
],
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"L000575",
"Sen. Lankford, James [R-OK]",
"cosponsor"
],
[
"B001243",
"Sen. Blackburn, Marsha [R-TN]",
"cosponsor"
],
[
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"Sen. Daines, Steve [R-MT]",
"cosponsor"
],
[
"R000595",
"Sen. Rubio, Marco [R-FL]",
"cosponsor"
]
] |
<p><strong>Stop CRT Act</strong></p> <p>This bill grants Executive Order 13950 the force and effect of law, except with respect to elementary schools, secondary schools, or institutions of higher education. That order prohibits federal agencies and contractors from advancing specified policies or training related to race or sex.</p> <p>The bill further prohibits the allocation of federal funds to an elementary school, secondary school, or institution of higher education that compels teachers or students to affirm certain race-based theories.</p>
|
<html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 558 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 558
To codify Executive Order 13950 (relating to combating race and sex
stereotyping), and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
February 28, 2023
Mr. Cotton (for himself, Mr. Lankford, and Mrs. Blackburn) introduced
the following bill; which was read twice and referred to the Committee
on Health, Education, Labor, and Pensions
_______________________________________________________________________
A BILL
To codify Executive Order 13950 (relating to combating race and sex
stereotyping), and for other purposes.
Be it enacted by the Senate 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 CRT Act''.
SEC. 2. DEFINITIONS.
In this Act:
(1) ESEA terms.--The terms ``elementary school'', ``local
educational agency'', ``secondary school'', and ``State'' have
the meanings given those terms in section 8101 of the
Elementary and Secondary Education Act of 1965 (20 U.S.C.
7801).
(2) Institution of higher education.--The term
``institution of higher education'' has the meaning given that
term in section 102 of the Higher Education Act of 1965 (20
U.S.C. 1002).
(3) Promote.--The term ``promote'', when used with respect
to a race-based theory, means--
(A) to include race-based theories or materials
that advocate such theories in curricula, reading
lists, seminars, workshops, trainings, or other
educational or professional settings in a manner that
could reasonably give rise to the appearance of
official sponsorship, approval, or endorsement;
(B) to contract with, hire, or otherwise engage
speakers, consultants, diversity trainers, and other
persons for the purpose of advocating such theories;
and
(C) to compel students to profess a belief in such
theories.
(4) Race-based theory.--The term ``race-based theory''
means a theory that--
(A) any race is inherently superior or inferior to
any other race;
(B) the United States is a fundamentally racist
country;
(C) the Declaration of Independence or the
Constitution of the United States is a fundamentally
racist document;
(D) an individual's moral worth is determined by
the race of the individual;
(E) an individual, by virtue of the race of the
individual, is inherently racist or oppressive, whether
consciously or unconsciously; or
(F) an individual, because of the race of the
individual, bears responsibility for the actions
committed by members of the race of the individual.
SEC. 3. CODIFICATION OF EXECUTIVE ORDER.
Executive Order 13950 (85 Fed. Reg. 60683; relating to combating
race and sex stereotyping) shall have the force and effect of law,
except that the Executive order shall not apply to elementary schools,
secondary schools, or institutions of higher education.
SEC. 4. FEDERAL FUNDS LIMITATION.
(a) Prohibition on Award of Funds to Certain Elementary and
Secondary Schools.--No Federal funds received by a State or a local
educational agency may be allocated to an elementary school or
secondary school that promotes race-based theories or compels teachers
or students to affirm, adhere to, adopt, or profess beliefs contrary to
title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.).
(b) Prohibition on Award of Funds to Certain Institutions of Higher
Education.--No Federal funds may be awarded to an institution of higher
education if such institution compels teachers or students to affirm,
adhere to, adopt, or profess race-based theories or beliefs contrary to
title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.).
(c) Rules of Construction.--
(1) Protected speech not restricted.--Nothing in this
section shall be construed to restrict the speech of a student,
a teacher, or any other individual outside of a school setting.
(2) Access to materials for the purpose of research or
independent study.--Nothing in this section shall be construed
to prevent an individual from accessing materials that advocate
race-based theories for the purpose of research or independent
study.
(3) Contextual education.--Nothing in this section shall be
construed to prevent an elementary school or secondary school
from stating race-based theories or assigning materials that
advocate race-based theories for educational purposes in
contexts that make it clear the school does not sponsor,
approve, or endorse such theories or materials.
<all>
</pre></body></html>
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[
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118S559
|
Fire Grants and Safety Act
|
[
[
"P000595",
"Sen. Peters, Gary C. [D-MI]",
"sponsor"
],
[
"C001035",
"Sen. Collins, Susan M. [R-ME]",
"cosponsor"
],
[
"M001153",
"Sen. Murkowski, Lisa [R-AK]",
"cosponsor"
],
[
"C000174",
"Sen. Carper, Thomas R. [D-DE]",
"cosponsor"
],
[
"S001198",
"Sen. Sullivan, Dan [R-AK]",
"cosponsor"
]
] |
<p><strong>Fire Grants and Safety Act</strong></p> <p>This bill reauthorizes through FY2030 the U.S. Fire Administration, the Assistance to Firefighters Grants Program, and the Staffing for Adequate Fire and Emergency Response Grant Program.</p>
|
<html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 559 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 559
To amend the Federal Fire Prevention and Control Act of 1974 to
authorize appropriations for the United States Fire Administration and
firefighter assistance grant programs.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
February 28, 2023
Mr. Peters (for himself, Ms. Collins, Ms. Murkowski, and Mr. Carper)
introduced the following bill; which was read twice and referred to the
Committee on Homeland Security and Governmental Affairs
_______________________________________________________________________
A BILL
To amend the Federal Fire Prevention and Control Act of 1974 to
authorize appropriations for the United States Fire Administration and
firefighter assistance grant 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 ``Fire Grants and Safety Act''.
SEC. 2. REAUTHORIZATION OF THE UNITED STATES FIRE ADMINISTRATION.
Section 17(g)(1) of the Federal Fire Prevention and Control Act of
1974 (15 U.S.C. 2216(g)(1)) is amended--
(1) in subparagraph (L), by striking ``and'';
(2) in subparagraph (M)--
(A) by striking ``for for'' and inserting ``for'';
and
(B) by striking the period and inserting ``; and'';
and
(3) by adding at the end the following:
``(N) $95,000,000 for each of fiscal years 2024 through
2030, of which $3,420,000 for each such fiscal year shall be
used to carry out section 8(f).''.
SEC. 3. REAUTHORIZATION OF ASSISTANCE TO FIREFIGHTERS GRANTS PROGRAM
AND THE FIRE PREVENTION AND SAFETY GRANTS PROGRAM.
(a) Sunset.--Section 33(r) of the Federal Fire Prevention and
Control Act of 1974 (15 U.S.C. 2229(r)) is amended by striking ``2024''
and inserting ``2032''.
(b) Authorization of Appropriations.--Section 33(q)(1)(B) of the
Federal Fire Prevention and Control Act of 1974 (15 U.S.C.
2229(q)(1)(B)) is amended, in the matter preceding clause (i), by
striking ``2023'' and inserting ``2030''.
SEC. 4. REAUTHORIZATION OF STAFFING FOR ADEQUATE FIRE AND EMERGENCY
RESPONSE GRANT PROGRAM.
(a) Sunset.--Section 34(k) of the Federal Fire Prevention and
Control Act of 1974 (15 U.S.C. 2229a(k)) is amended by striking
``2024'' and inserting ``2032''.
(b) Authorization of Appropriations.--Section 34(j)(1)(I) of the
Federal Fire Prevention and Control Act of 1974 (15 U.S.C.
2229a(j)(1)(I)) is amended, in the matter preceding clause (i), by
striking ``2023'' and inserting ``2030''.
<all>
</pre></body></html>
|
[
"Emergency Management",
"Fires",
"First responders and emergency personnel",
"Forests, forestry, trees",
"Temporary and part-time employment"
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|
118S56
|
Education Freedom Scholarships and Opportunity Act
|
[
[
"C001098",
"Sen. Cruz, Ted [R-TX]",
"sponsor"
],
[
"B001243",
"Sen. Blackburn, Marsha [R-TN]",
"cosponsor"
],
[
"C001096",
"Sen. Cramer, Kevin [R-ND]",
"cosponsor"
],
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"L000575",
"Sen. Lankford, James [R-OK]",
"cosponsor"
],
[
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"Sen. Scott, Rick [R-FL]",
"cosponsor"
],
[
"S001227",
"Sen. Schmitt, Eric [R-MO]",
"cosponsor"
]
] |
<p><b>Education Freedom Scholarships and Opportunity Act</b></p> <p>This bill allows individual and corporate taxpayers a tax credit for cash contributions to certain scholarship-granting and workforce training organizations. It imposes a cap of $10 billion on the sum of contributions that qualify for a tax credit under this bill. </p> <p>The bill requires the Department of Education, in coordination with the Departments of the Treasury and Labor, to establish, host, and maintain a web portal that (1) lists all eligible scholarship-granting and workforce training organizations; (2) enables contributions to such organizations; (3) provides information about the benefits of this bill; and (4) enables a state to submit and update information about its programs and educational organizations, including information on student eligibility and allowable educational expenses.</p>
|
<html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 56 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 56
To amend the Internal Revenue Code of 1986 to establish tax credits to
encourage individual and corporate taxpayers to contribute to
scholarships for students through eligible scholarship-granting
organizations and eligible workforce training organizations, and for
other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
January 24 (legislative day, January 3), 2023
Mr. Cruz (for himself, Mrs. Blackburn, Mr. Cramer, Mr. Lankford, and
Mr. Scott of Florida) 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 establish tax credits to
encourage individual and corporate taxpayers to contribute to
scholarships for students through eligible scholarship-granting
organizations and eligible workforce training organizations, and for
other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Education Freedom Scholarships and
Opportunity Act''.
SEC. 2. PURPOSE.
The purpose of this Act is to encourage individual and corporate
taxpayers to contribute to scholarships for individual students through
eligible scholarship-granting organizations and eligible workforce
training organizations, as identified by States.
TITLE I--AMENDMENTS TO THE INTERNAL REVENUE CODE OF 1986
SEC. 101. REFERENCES TO THE INTERNAL REVENUE CODE OF 1986.
Except as otherwise expressly provided, whenever in this title an
amendment or repeal is expressed in terms of an amendment to, or repeal
of, a section or other provision, the reference shall be considered to
be made to a section or other provision of the Internal Revenue Code of
1986.
SEC. 102. TAX CREDITS FOR CONTRIBUTIONS TO ELIGIBLE SCHOLARSHIP-
GRANTING ORGANIZATIONS AND ELIGIBLE WORKFORCE TRAINING
ORGANIZATIONS.
(a) Credit for Individuals.--
(1) In general.--Subpart A of part IV of subchapter A of
chapter 1 is amended by adding after section 25E the following
new section:
``SEC. 25F. CONTRIBUTIONS TO ELIGIBLE SCHOLARSHIP-GRANTING
ORGANIZATIONS AND ELIGIBLE WORKFORCE TRAINING
ORGANIZATIONS.
``(a) Allowance of Credit.--In the case of an individual, there
shall be allowed as a credit against the tax imposed by this chapter
for the taxable year an amount equal to the sum of any qualified
contributions made by the taxpayer during the taxable year.
``(b) Amount of Credit.--The credit allowed under subsection (a) in
any taxable year shall not exceed 10 percent of the taxpayer's adjusted
gross income for the taxable year.
``(c) Definitions.--For purposes of this section--
``(1) Qualified contribution.--The term `qualified
contribution' means a contribution of cash to any eligible
scholarship-granting organization or eligible workforce
training organization.
``(2) Qualified expense.--The term `qualified expense'
means any educational expense that is--
``(A) for an individual student's elementary or
secondary education, as recognized by the State,
``(B) for the secondary education component of an
individual elementary or secondary student's career and
technical education, as defined by section 3(5) of the
Carl D. Perkins Career and Technical Education Act of
2006 (20 U.S.C. 2302(5)), or
``(C) for the purpose of providing eligible
individual participants with scholarships for secondary
or postsecondary vocational education and training,
workforce development, or apprenticeship training,
including preparation and examination costs relating to
portable certificates or credentials, or industry
recognized certification or credentialing programs.
``(3) Eligible scholarship-granting organization.--The term
`eligible scholarship-granting organization' means--
``(A) an organization that--
``(i) is described in section 501(c)(3) and
exempt from taxation under section 501(a),
``(ii) provides qualifying scholarships for
qualified expenses to only individual
elementary and secondary students who--
``(I) reside in the State in which
the eligible scholarship-granting
organization is recognized, or
``(II) in the case of the Bureau of
Indian Education, are members of a
federally recognized tribe,
``(iii) a State reports to the Secretary of
Education as an eligible scholarship-granting
organization pursuant to section 201(c)(5)(B)
of the Education Freedom Scholarships and
Opportunity Act,
``(iv) allocates at least 90 percent of
qualified contributions to qualifying
scholarships for qualified expenses, and
``(v) provides scholarships to--
``(I) more than 1 eligible student,
``(II) more than 1 eligible family,
and
``(III) different eligible students
attending more than one education
provider, or
``(B) an organization that--
``(i) is described in section 501(c)(3) and
exempt from taxation under section 501(a), and
``(ii) pursuant to State law, was able, as
of the date of the enactment of the Education
Freedom Scholarships and Opportunity Act, to
receive contributions that are eligible for a
State tax credit if such contributions are used
by the organization to provide scholarships to
individual elementary and secondary students,
including scholarships for attending private
schools.
``(4) Eligible workforce training organization.--
``(A) In general.--The term `eligible workforce
training organization' means any organization--
``(i) which is--
``(I) described in section
501(c)(3) and exempt from taxation
under section 501(a), and
``(II) not a private foundation (as
defined in section 509),
``(ii) whose purpose is to provide
vocational education and training, workforce
development, or apprenticeship training to
eligible potential secondary or postsecondary
students, including organizations whose purpose
is to provide scholarships for portable
certificates or credentials, or industry
recognized certifications or credentialing
programs, including preparation and examination
costs,
``(iii) which is in compliance with
applicable State laws,
``(iv) which a State has reported to the
Secretary of Education as an eligible workforce
training organization pursuant to section
201(c)(5)(B) of the Education Freedom
Scholarships and Opportunity Act, and
``(v) which satisfies the requirements
described in clauses (iv) and (v) of paragraph
(3)(A).
``(B) Potential eligible workforce training
organizations.--Eligible workforce training
organizations may include, but are not limited to,
organizations such as the following (provided that such
organizations satisfy the requirements under
subparagraph (A)):
``(i) Community colleges.
``(ii) Workforce training programs (as
defined by the applicable State workforce
agency).
``(iii) Organizations which provide--
``(I) career and technical
education, or
``(II) training or apprenticeships,
including, but not limited to, training
or apprenticeships operated by a
collective bargaining organization or
that provide industry recognized
certifications or credentials.
``(iv) Community organizations that provide
training that results in a certification.
``(5) Qualifying scholarship.--The term `qualifying
scholarship' means--
``(A) a scholarship granted by an eligible
scholarship-granting organization to an individual
elementary or secondary student, or
``(B) a scholarship granted by an eligible
workforce training organization as a scholarship to a
secondary or postsecondary student for the purpose of
vocational education and training, workforce
development, obtaining portable certificates or
credentials, or industry recognized certification or
credentialing programs, including preparation and
examination costs,
under this section.
``(6) State.--The term `State' means each of the 50 States,
the District of Columbia, the Commonwealth of Puerto Rico,
American Samoa, Guam, the Commonwealth of the Northern Mariana
Islands, the United States Virgin Islands, and the Department
of the Interior (acting through the Bureau of Indian
Education).
``(d) Rules of Construction.--
``(1) In general.--A scholarship awarded to a student from
the proceeds of a qualified contribution under this section or
section 45AA shall not be considered assistance to the school,
eligible workforce training organization, or other educational
provider that enrolls, or provides educational services to, the
student or the student's parents.
``(2) Not treated as income.--The amount of any such
scholarship shall not be treated as income of the student or
their parents for purposes of Federal tax laws or for
determining eligibility for any other Federal program.
``(3) Prohibition of control over nonpublic education
providers.--
``(A) Nothing in this Act shall be construed to
permit, allow, encourage, or authorize any Federal
control over any aspect of any private, religious, or
home education provider, whether or not a home
education provider is treated as a private school or
home school under State law. This Act shall not be
construed to exclude private, religious, or home
education providers from participation in programs or
services under this Act.
``(B) Nothing in this Act shall be construed to
permit, allow, encourage, or authorize an entity
submitting a list of eligible scholarship-granting
organizations or eligible workforce training
organizations on behalf of a State to mandate, direct,
or control any aspect of a private or home education
provider, regardless of whether or not a home education
provider is treated as a private school under State
law.
``(C) No participating State or entity acting on
behalf of a State shall exclude, discriminate against,
or otherwise disadvantage any education provider with
respect to programs or services under this Act based in
whole or in part on the provider's religious education
character or affiliation, including religiously or
mission-based policies or practices.
``(4) Parental rights to use scholarships.--No
participating State or entity acting on behalf of a State shall
disfavor or discourage the use of such scholarships for the
purchase of elementary and secondary or workforce training
education services, including those services provided by
private or nonprofit entities, such as faith-based providers.
``(5) State and local authority.--Nothing in this section
or section 45AA shall be construed to modify a State or local
government's authority and responsibility to fund education.
``(e) Limitations.--
``(1) Tax liability.--No credit allowed under this section
or section 45AA shall exceed the taxpayer's Federal income tax
liability for the taxable year.
``(2) Prohibitions.--A taxpayer is prohibited from selling
or transferring any portion of a tax credit allowed under this
section or section 45AA.
``(3) Denial of double benefit.--The Secretary shall
prescribe such regulations or other guidance to ensure that the
sum of the tax benefits provided by Federal, State, or local
law for a qualified contribution receiving a Federal tax credit
in any taxable year shall not exceed the sum of the qualified
contributions made by the taxpayer for the taxable year.
``(f) Carryover of Credit.--If a tax credit allowed under this
section or section 45AA is not fully used within the applicable taxable
year because of insufficient tax liability on the part of the taxpayer,
the unused amount may be carried forward for a period not to exceed 5
years.
``(g) Election.--This section shall apply to a taxpayer for a
taxable year only if the taxpayer elects to have this section apply for
such taxable year.
``(h) Alternative Minimum Tax.--For purposes of calculating the
alternative minimum tax under section 55, a taxpayer may use any credit
received for a qualified contribution under this section.''.
(2) Clerical amendment.--The table of sections for subpart
A of part IV of subchapter A of chapter 1 of is amended by
inserting after the item relating to section 25E the following
new item:
``Sec. 25F. Contributions to eligible scholarship-granting
organizations and eligible workforce
training organizations.''.
(b) Credit for Corporations.--
(1) In general.--Subpart D of part IV of subchapter A of
chapter 1 is amended by adding at the end the following new
section:
``SEC. 45AA. CONTRIBUTIONS TO ELIGIBLE SCHOLARSHIP-GRANTING
ORGANIZATIONS AND ELIGIBLE WORKFORCE TRAINING
ORGANIZATIONS.
``(a) Allowance of Credit.--For purposes of section 38, in the case
of a domestic corporation, there shall be allowed as a credit against
the tax imposed by this chapter for the taxable year an amount equal to
the sum of any qualified contributions (as defined in section
25F(c)(1)) made by such corporation taxpayer during the taxable year.
``(b) Amount of Credit.--The credit allowed under subsection (a)
for any taxable year shall not exceed 5 percent of the taxable income
(as defined in section 170(b)(2)(D)) of the domestic corporation for
such taxable year.
``(c) Additional Provisions.--For purposes of this section, any
qualified contributions made by a domestic corporation shall be subject
to the provisions of section 25F, to the extent applicable.
``(d) Election.--This section shall apply to a taxpayer for a
taxable year only if the taxpayer elects to have this section apply for
such taxable year.''.
(2) Credit part of general business credit.--Section 38(b)
is amended--
(A) by striking ``plus'' at the end of paragraph
(39);
(B) by striking the period at the end of paragraph
(40) and inserting ``, plus''; and
(C) by adding at the end the following new
paragraph:
``(41) the credit for qualified contributions determined
under section 45AA(a).''.
(3) Clerical amendment.--The table of sections for subpart
D of part IV of subchapter A of chapter 1 is amended by adding
at the end the following new item:
``Sec. 45AA. Contributions to eligible scholarship-granting
organizations and eligible workforce
training organizations.''.
TITLE II--EDUCATION FREEDOM SCHOLARSHIPS AND OPPORTUNITY ACT WEB PORTAL
AND ADMINISTRATION
SEC. 201. EDUCATION FREEDOM SCHOLARSHIPS AND OPPORTUNITY ACT WEB PORTAL
AND ADMINISTRATION.
(a) In General.--The Secretary of Education shall, in coordination
with the Secretary of the Treasury and the Secretary of Labor,
establish, host, and maintain a Web portal that--
(1) lists all scholarship-granting organizations and
workforce training organizations that are eligible under
section 25F or 45AA of the Internal Revenue Code of 1986;
(2) enables a taxpayer to make a qualifying contribution to
one or more eligible scholarship-granting organizations and
eligible workforce training organizations and to immediately
obtain both a pre-approval of a tax credit for that
contribution and a receipt for tax filings;
(3) provides information about the tax benefits of the
provisions of the Education Freedom Scholarships and
Opportunity Act under the Internal Revenue Code of 1986; and
(4) enables a State to submit and update information about
its programs and its eligible scholarship-granting
organizations and eligible workforce training organizations for
informational purposes only, including information on--
(A) student eligibility;
(B) allowable educational expenses;
(C) the types of allowable education providers;
(D) the percentage of funds an organization may use
for program administration; and
(E) the percentage of total contributions the
organization awards in a calendar year.
(b) Nonportal Contributions.--A taxpayer may opt to make a
contribution directly to an eligible scholarship-granting organization
or an eligible workforce training organization, instead of through the
Web portal described in subsection (a), provided that the taxpayer, or
the eligible scholarship-granting organization or eligible workforce
training organization on behalf of the taxpayer, applies for, and
receives pre-approval for a tax credit from the Secretary of Education
in coordination with the Secretary of the Treasury.
(c) National and State Caps on Credits.--
(1) National cap.--There is a cap of $10,000,000,000 on the
sum of the contributions that qualify for a credit under
section 25F and section 45AA of the Internal Revenue Code of
1986 for each calendar year, of which--
(A) $5,000,000,000 shall be allotted for qualified
contributions to eligible scholarship-granting
organizations; and
(B) $5,000,000,000 shall be allotted for qualified
contributions to eligible workforce training
organizations.
(2) Allocation of cap.--
(A) Initial allocations.--For each calendar year,
the Secretary of Education, in coordination with the
Secretary of Labor, shall--
(i) from the amount allotted under
paragraph (1)(A)--
(I) first reserve, for each State,
an amount equal to the sum of the
qualifying contributions made in the
State in the previous year; and
(II) next, allocate the remaining
amount among the participating States
by allocating to each State the sum
of--
(aa) an amount that bears
the same relationship to 20
percent of such remaining
amount as the number of
individuals aged 5 through 17
in the State, as determined by
the Secretary of Education on
the basis of the most recent
satisfactory data, bears to the
number of those individuals in
all such States, as so
determined; and
(bb) an amount that bears
the same relationship to 80
percent of such remaining
amount as the number of
individuals aged 5 through 17
from families with incomes
below the poverty line in the
State, as determined by the
Secretary of Education, on the
basis of the most recent
satisfactory data, bears to the
number of those individuals in
all such States, as so
determined; and
(ii) from the amount allotted under
paragraph (1)(B)--
(I) first reserve, for each State,
an amount equal to the sum of the
qualifying contributions made in the
State in the previous year attributable
to eligible workforce training
organizations; and
(II) next, allocate the remaining
amount among the participating States
by allocating to each State an amount
determined through a system, as
established and maintained by the
Secretary of Labor, that accurately
reflects demand and potential qualified
participants for apprenticeships and
workforce training within that State.
(B) Minimum allocation.--Notwithstanding
subparagraph (A), no State receiving an allotment under
this section may receive less than one-half of one
percent of the amount allotted for a fiscal year.
(C) Alternative allocation for qualified
contributions to eligible scholarship-granting
organizations.--
(i) In general.--Not later than the end of
the fifth year of the program or one year after
the end of the first fiscal year for which the
total amount of credits claimed under section
25F and section 45AA of the Internal Revenue
Code of 1986 for qualified contributions to
eligible scholarship-granting organizations is
$2,500,000,000 or more, whichever comes first,
the Secretary of Education shall, by
regulation, provide for an alternative
allocation method for the amount described in
paragraph (1)(A) that shall take effect
beginning with the first fiscal year after the
regulation takes effect.
(ii) Alternative allocation method.--The
alternative allocation method described in
clause (i) shall be expressed as a formula
based on a combination of the following data
for each State, as reported by the State to the
Secretary of Education:
(I) The relative percentage of
students in the State who receive an
elementary or secondary scholarship
through a State program that is
financed through State tax-credited
donations or appropriations and that
permits the elementary or secondary
scholarship to be used to attend a
private school.
(II) The total amount of all
elementary and secondary scholarships
awarded through a State program that is
financed through State tax-credited
donations or appropriations compared to
the total amount of current State and
local expenditures for free public
education in the State.
(iii) Allocation formula.--For any fiscal
year to which clause (i) applies, the Secretary
of Education shall--
(I) first reserve, for each State,
an amount equal to the sum of the
qualifying contributions made in the
State in the previous year;
(II) next, allocate two-thirds of
the remaining amount of the national
cap for that year using the alternative
allocation method in clause (ii); and
(III) then, allocate one-third of
the remaining amount in accordance with
subparagraph (A)(ii).
(iv) Ineligibility.--For any fiscal year to
which clause (i) applies, a State that does not
provide the Secretary of Education with
information described in clause (ii) is not
eligible to receive an allocation through the
alternative allocation method under clause
(ii).
(3) Allowable partnerships.--A State may choose to
administer the allocation it receives under paragraph (2) in
partnership with one or more States, provided that the eligible
scholarship-granting organizations or eligible workforce
training organizations in each partner State serve students who
reside in all States in the partnership.
(4) Total allocation.--A State's allocation, for any fiscal
year, is the sum of the amount determined for it under
subparagraphs (A) and (B) of paragraph (2), except as provided
in paragraph (2)(C).
(5) Allocation and adjustments.--
(A) Initial allocation to states.--No later than
November 1 of the year preceding a year for which there
is a national cap on credits under paragraph (1)
(hereafter in this section, the ``applicable year''),
or as early as practicable with respect to the first
year, the Secretary of Education shall announce the
State allocations under paragraph (2) for the
applicable year.
(B) List of eligible scholarship-granting
organizations and eligible workforce training
organizations.--No later than January 1 of each
applicable year, or as early as practicable with
respect to the first year, each State shall provide the
Secretary of Education a list of eligible scholarship-
granting organizations and eligible workforce training
organizations described in paragraphs (3)(A) and (4) of
section 25F(c) of the Internal Revenue Code of 1986,
including a certification that the entity submitting
the list on behalf of the State has the authority to
perform this function. Neither this Act nor any other
Federal law shall be construed as limiting the entities
that may submit the list on behalf of a State.
(C) Reallocation.--
(i) In general.--The Secretary of Education
shall, in accordance with paragraph (2),
reallocate to any other States the allocation
of a State which, for any applicable year--
(I) fails to provide the Secretary
of Education a list of eligible
scholarship-granting organizations and
eligible workforce training
organizations pursuant to subparagraph
(B); and
(II) does not have an eligible
scholarship-granting organization (as
described in section 25F(c)(3)(B) of
the Internal Revenue Code of 1986)
located in such State.
(ii) Unclaimed credits.--On or after April
1 of any applicable year, the Secretary of
Education may reallocate, to one or more other
States that have eligible scholarship-granting
organizations and eligible workforce training
organizations in the States, without regard to
paragraph (2), the allocation of a State for
which the State's allocation has not been
claimed.
(d) Definitions.--The definitions of terms in section 25F(c) of the
Internal Revenue Code of 1986 apply to those terms as used in this
title.
(e) Authorization of Appropriations.--For the purpose of
administering this section and sections 25F and 45AA of the Internal
Revenue Code of 1986, there are authorized to be appropriated, and
there are appropriated, such sums as may be necessary for fiscal year
2023 and each succeeding fiscal year.
<all>
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118S560
|
SAFE TECH Act
|
[
[
"W000805",
"Sen. Warner, Mark R. [D-VA]",
"sponsor"
],
[
"H001042",
"Sen. Hirono, Mazie K. [D-HI]",
"cosponsor"
],
[
"K000367",
"Sen. Klobuchar, Amy [D-MN]",
"cosponsor"
],
[
"K000384",
"Sen. Kaine, Tim [D-VA]",
"cosponsor"
],
[
"B001277",
"Sen. Blumenthal, Richard [D-CT]",
"cosponsor"
]
] |
<p><strong>Safeguarding Against Fraud, Exploitation, Threats, Extremism, and Consumer Harms Act or the SAFE TECH Act</strong></p> <p>This bill limits federal liability protection that applies to a user or provider of an interactive computer service (e.g., a social media company) for claims related to content provided by third parties.</p> <p>Specifically, the bill applies the liability protection to claims arising from third-party speech rather than third-party information. Additionally, the liability protection shall not apply if a user or provider (1) accepts payment to make the speech available, or (2) creates or funds (in whole or in part) the speech. </p> <p>The bill changes legal procedures concerning the liability protection by (1) requiring a defendant in a lawsuit to raise the liability protection as an affirmative defense, and (2) placing the burden of proving that the defense applies on the defendant.</p> <p>Some courts have held that the current liability protection bars claims for civil penalties and injunctive relief. The bill expressly excludes from the liability protection requests for injunctive relief arising from a provider's failure to remove, restrict access to, or prevent dissemination of material likely to cause irreparable harm. However, the bill protects a provider from liability for actions taken to comply with such injunctions.</p> <p>Under current law, the liability protection does not apply to federal criminal law, intellectual property law, and other designated areas of law. The bill further specifies that the liability protection shall not apply to civil rights law; antitrust law; stalking, harassment, or intimidation laws; international human rights law; and civil actions for wrongful death.</p>
|
<html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 560 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 560
To amend section 230 of the Communications Act of 1934 to reaffirm
civil rights, victims' rights, and consumer protections.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
February 28, 2023
Mr. Warner (for himself, Ms. Hirono, Ms. Klobuchar, Mr. Kaine, 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 section 230 of the Communications Act of 1934 to reaffirm
civil rights, victims' rights, and consumer protections.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Safeguarding Against Fraud,
Exploitation, Threats, Extremism, and Consumer Harms Act'' or the
``SAFE TECH Act''.
SEC. 2. COMMUNICATIONS DECENCY ACT IMPROVEMENTS.
Section 230 of the Communications Act of 1934 (47 U.S.C. 230) is
amended--
(1) in subsection (c)--
(A) in paragraph (1)--
(i) by striking ``No provider'' and
inserting the following:
``(A) In general.--Except as provided in paragraph
(3), no provider'';
(ii) by striking ``any information'' and
inserting ``any speech'';
(iii) by inserting before the period at the
end the following: ``, unless the provider or
user has accepted payment to make the speech
available or, in whole or in part, created or
funded the creation of the speech''; and
(iv) by adding at the end the following:
``(B) Affirmative defense.--In any action in which
the defendant raises subparagraph (A) as a defense, the
defendant shall have the burden of persuasion, by a
preponderance of the evidence, that the defendant is a
provider or user of an interactive computer service and
is being treated as the publisher or speaker of speech
provided by another information content provider.'';
(B) in paragraph (2)(B), by striking ``paragraph
(1)'' and inserting ``subparagraph (A)''; and
(C) by adding at the end the following:
``(3) Exclusion from `good samaritan' immunity.--
``(A) Injunctive relief.--Paragraph (1) shall not
apply to any request for injunctive relief arising from
the failure of a provider of an interactive computer
service to remove, restrict access to or availability
of, or prevent the dissemination of material that is
likely to cause irreparable harm.
``(B) Limitation of liability.--In the case of a
provider of an interactive computer service that
complies with an order granting injunctive relief
described in subparagraph (A), that compliance shall
not subject the provider to liability for removing,
restricting access to or availability of, or preventing
the dissemination of material that is subject to the
order.''; and
(2) in subsection (e), by adding at the end the following:
``(6) No effect on civil rights laws.--Nothing in this
section shall be construed to limit, impair, or prevent any
action alleging discrimination on the basis of any protected
class, or conduct that has the effect or consequence of
discriminating on the basis of any protected class, under any
Federal or State law.
``(7) No effect on antitrust laws.--Nothing in this section
shall be construed to prevent, impair, or limit any action
brought under Federal or State antitrust law.
``(8) No effect on stalking, harassment, or intimidation
laws.--Nothing in this section shall be construed to prevent,
impair, or limit any action alleging stalking, cyberstalking,
harassment, cyberharassment, or intimidation based, in whole or
in part, on sex (including sexual orientation and gender
identity), race, color, religion, ancestry, national origin, or
physical or mental disability brought under Federal or State
law.
``(9) No effect on international human rights law.--Nothing
in this section shall be construed to prevent, impair, or limit
any action brought under section 1350 of title 28, United
States Code.
``(10) No effect on wrongful death actions.--Nothing in
this section shall be construed to prevent, impair, or limit
any civil action for a wrongful death.''.
<all>
</pre></body></html>
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118S561
|
Cash Refunds for Flight Cancellations Act of 2023
|
[
[
"M000133",
"Sen. Markey, Edward J. [D-MA]",
"sponsor"
],
[
"B001277",
"Sen. Blumenthal, Richard [D-CT]",
"cosponsor"
],
[
"S000033",
"Sen. Sanders, Bernard [I-VT]",
"cosponsor"
],
[
"S001194",
"Sen. Schatz, Brian [D-HI]",
"cosponsor"
],
[
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"Sen. Warren, Elizabeth [D-MA]",
"cosponsor"
],
[
"W000800",
"Sen. Welch, Peter [D-VT]",
"cosponsor"
],
[
"W000802",
"Sen. Whitehouse, Sheldon [D-RI]",
"cosponsor"
],
[
"W000779",
"Sen. Wyden, Ron [D-OR]",
"cosponsor"
],
[
"M001176",
"Sen. Merkley, Jeff [D-OR]",
"cosponsor"
]
] |
<html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 561 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 561
To provide for cash refunds for canceled airline flights and tickets.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
February 28, 2023
Mr. Markey (for himself, Mr. Blumenthal, Mr. Sanders, Mr. Schatz, Ms.
Warren, Mr. Welch, Mr. Whitehouse, and Mr. Wyden) introduced the
following bill; which was read twice and referred to the Committee on
Commerce, Science, and Transportation
_______________________________________________________________________
A BILL
To provide for cash refunds for canceled airline flights and tickets.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Cash Refunds for Flight
Cancellations Act of 2023''.
SEC. 2. CASH REFUNDS FOR CANCELED AIRLINE FLIGHTS AND TICKETS.
(a) In General.--Chapter 417 of title 49, United States Code, is
amended by adding at the end the following:
``SEC. 41727. CASH REFUNDS FOR CANCELED AIRLINE FLIGHTS AND TICKETS.
``(a) Cash Refunds.--
``(1) Requirement.--
``(A) In general.--Subject to subparagraph (B), a
covered carrier or ticket agent who sells a ticket for
a passenger to take a covered flight, and either such
flight is canceled or significantly delayed (as defined
by the Secretary of Transportation) by the covered
carrier or such ticket is canceled by the passenger at
least 48 hours before the scheduled departure of the
flight, shall offer the passenger a full cash refund
for such ticket, including any ancillary fees paid,
within 30 days of the passenger making the request.
``(B) Limitation.--A covered carrier or ticket
agent shall only be required to offer a cash refund
under subparagraph (A) for 1 flight booked by a
passenger on any city-pair itinerary on any given date.
``(2) Alternative form of compensation.--
``(A) In general.--A covered carrier or ticket
agent may offer an alternative form of compensation
determined appropriate by the covered carrier or ticket
agent, including a credit, a voucher, or other
mechanism to compensate a passenger, provided that any
such offer includes a clear and conspicuous notice of a
passenger's right to a cash refund under paragraph (1).
``(B) No expiration date.--An alternative form of
compensation provided pursuant to subparagraph (A)
shall remain valid and redeemable by the passenger
indefinitely.
``(3) Retroactive refunds.--In the case of a passenger
who--
``(A) received an alternative form of compensation
during the period beginning on March 1, 2020, and
ending on the day prior to the date of enactment of
this Act for a covered flight or ticket for a covered
flight canceled by the covered carrier or by the
passenger; and
``(B) has not fully used such alternative
compensation,
such passenger may request a cash refund to replace the
alternative compensation, or the remaining alternative
compensation if the passenger has used part of the alternative
compensation, and the covered carrier or ticket agent shall
comply with such request within 30 days of receiving such
request.
``(4) Reimbursement to ticket agent.--A ticket agent who
provides a cash refund to a passenger under this section,
including a retroactive refund under paragraph (3), shall be
entitled to prompt reimbursement from any covered carrier for
the portion of the ticket price paid to that carrier.
``(b) Funding.--
``(1) In general.--Subject to paragraph (2), a covered
carrier or ticket agent may use amounts appropriated or
otherwise made available to the commercial airline industry in
any appropriations enacted on or after March 1, 2020, in
response to COVID-19 to pay for the cash refunds under
subsection (a), including retroactive refunds under paragraph
(3) of such subsection.
``(2) Limitation.--A covered carrier may not use amounts
appropriated under section 4112 of the Coronavirus Economic
Stabilization Act of 2020 (title IV of division A of the
Coronavirus Aid, Relief, and Economic Security Act (Public Law
116-136)) to pay for the cash refunds under subsection (a),
including retroactive refunds under paragraph (3) of such
subsection.
``(c) Disclosure.--
``(1) Prior to purchase.--Prior to the sale of a ticket for
passenger to take a covered flight, a covered carrier or ticket
agent shall disclose, in writing in written or electronic
communication, that the passenger has a right to cancel their
ticket at any time for any reason and receive a full cash
refund.
``(2) Cancelled or significantly delayed flight.--In the
case of a covered carrier or ticket agent who sells a ticket
for a passenger to take a covered flight, if such flight is
canceled or significantly delayed (as defined by the Secretary
of Transportation) by the covered carrier or such ticket is
canceled by the passenger at least 48 hours before the
scheduled departure of the flight, the covered carrier or
ticket agent shall disclose, in writing in written or
electronic communication, that the passenger has a right to
receive a full cash refund for their ticket.
``(3) Requirements for disclosure.--Any written or
electronic disclosure under paragraph (1) or (2) shall be in a
clear and conspicuous format.
``(d) Definitions.--In this section:
``(1) Air carrier, foreign air carrier, ticket agent, and
united states.--The terms `air carrier, foreign air carrier,
ticket agent, and United States' have the meanings given those
terms in section 40102.
``(2) Covered carrier.--The term `covered carrier' means--
``(A) any passenger air carrier that had an
operating revenue in 2018 that exceeded $1,500,000,000
according to the Bureau of Transportation Statistics;
or
``(B) any passenger foreign air carrier operating a
flight to or from the United States.
``(3) Covered flight.--The term `covered flight' means a
flight of a covered carrier that is scheduled to depart from,
or arrive at, an airport located in the United States.''.
(b) Enforcement.--Section 46301 of title 49, United States Code, is
amended by adding at the end the following new subsection:
``(j) Penalties Relating to Cash Refunds for Canceled Airline
Flights and Tickets.--An air carrier or ticket agent that violates
section 41727 shall be liable to the Government for a civil penalty of
$1,000 for each violation.''.
(c) Clerical Amendment.--The analysis for chapter 417 of title 49,
United States Code, is amended by adding at the end the following:
``41727. Cash refunds for canceled airline flights and tickets.''.
(d) Effective Date.--The amendments made by this section shall take
effect on the date of the enactment of this Act.
<all>
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118S562
|
Emmett Till and Mamie Till-Mobley and Roberts Temple National Historic Site Act
|
[
[
"D000622",
"Sen. Duckworth, Tammy [D-IL]",
"sponsor"
],
[
"D000563",
"Sen. Durbin, Richard J. [D-IL]",
"cosponsor"
],
[
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"Sen. Booker, Cory A. [D-NJ]",
"cosponsor"
],
[
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"Sen. Hyde-Smith, Cindy [R-MS]",
"cosponsor"
],
[
"W000437",
"Sen. Wicker, Roger F. [R-MS]",
"cosponsor"
]
] |
<p><b>Emmett Till and Mamie Till-Mobley and Roberts Temple National Historic Site Act</b></p> <p>This bill establishes the Emmett Till and Mamie Till-Mobley and Roberts Temple National Historic Site in Illinois as a unit of the National Park System.</p> <p>The site shall not be established until the Department of the Interior enters an agreement with the Roberts Temple providing for public access to, and interpretation, operation, and maintenance of, a site that is sufficient to constitute a manageable park unit.</p> <p>The purpose of the site is to preserve, protect, and interpret (1) the Great Migration, (2) the memorial service and funeral of Emmett Till, (3) the story of the courage and activism of Mamie Till-Mobley that was demonstrated as she transformed the murder of her son into a symbol of racial injustice, and (4) the civil rights movement.</p> <p>Interior may enter into agreements, as appropriate, with public and private entities to provide and facilitate interpretive and educational services, administrative support, and technical assistance relating to the site, within or outside the boundaries of the site.</p> <p>The National Park Service shall prepare a general management plan for the site.</p>
|
<html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 562 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 562
To establish the Emmett Till and Mamie Till-Mobley and Roberts Temple
National Historic Site in the State of Illinois, and for other
purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
February 28, 2023
Ms. Duckworth (for herself, Mr. Durbin, Mr. Booker, Mrs. Hyde-Smith,
and Mr. Wicker) introduced the following bill; which was read twice and
referred to the Committee on Energy and Natural Resources
_______________________________________________________________________
A BILL
To establish the Emmett Till and Mamie Till-Mobley and Roberts Temple
National Historic Site in the State of Illinois, and for other
purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Emmett Till and Mamie Till-Mobley
and Roberts Temple National Historic Site Act''.
SEC. 2. DEFINITIONS.
In this Act:
(1) National historic site.--The term ``National Historic
Site'' means the Emmett Till and Mamie Till-Mobley and Roberts
Temple National Historic Site established by section 3(a).
(2) Roberts temple.--The term ``Roberts Temple'' means the
Roberts Temple Church of God in Christ, Chicago, Illinois.
(3) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
SEC. 3. EMMETT TILL AND MAMIE TILL-MOBLEY AND ROBERTS TEMPLE NATIONAL
HISTORIC SITE.
(a) Establishment.--Subject to subsection (b), there is established
the Emmett Till and Mamie Till-Mobley and Roberts Temple National
Historic Site in the State of Illinois as a unit of the National Park
System.
(b) Conditions of Establishment.--
(1) In general.--The National Historic Site shall not be
established until the date on which the Secretary determines
that an agreement entered into between the Secretary and the
Roberts Temple providing for public access to, and
interpretation, operation, and maintenance of, the National
Historic Site that is sufficient to constitute a manageable
park unit.
(2) Notice.--Not later than 30 days after the date on which
the Secretary makes a determination under paragraph (1), the
Secretary shall publish in the Federal Register notice of
establishment of the National Historic Site.
(c) Purpose.--The purpose of the National Historic Site is to
preserve, protect, and interpret for the benefit of present and future
generations resources associated with--
(1) the Great Migration;
(2) the memorial service and funeral of Emmett Till;
(3) the story of the courage and activism of Mamie Till-
Mobley that was demonstrated as Mamie Till-Mobley transformed
the murder of her son into a powerful symbol of racial
injustice; and
(4) the civil rights movement.
(d) Map; Boundaries.--
(1) Map.--As soon as practicable after the date of
enactment of this Act, the Secretary shall prepare a map of the
National Historic Site.
(2) Availability of map.--The map prepared under paragraph
(1) shall be on file and available for public inspection in the
appropriate offices of the National Park Service.
(3) Boundaries.--The boundaries of the National Historic
Site shall be the boundaries generally depicted on the map
prepared under paragraph (1).
(e) Acquisition Authority.--The Secretary may acquire any land or
interest in land located within the boundary of the National Historic
Site by--
(1) donation;
(2) purchase from a willing seller with donated or
appropriated funds; or
(3) exchange.
(f) Administration.--
(1) In general.--The Secretary shall administer the
National Historic Site in accordance with--
(A) this Act; and
(B) the laws generally applicable to units of the
National Park System.
(2) Agreements.--The Secretary may--
(A) enter into an agreement with the Roberts Temple
for the purpose of providing public access to, and
interpretation, operation, and maintenance of, the
National Historic Site; and
(B) enter into cooperative agreements, leases, or
other agreements, as appropriate, with public and
private entities to provide and facilitate interpretive
and educational services, administrative support, and
technical assistance relating to the National Historic
Site, within or outside the boundaries of the National
Historic Site.
(3) Management plan.--
(A) Deadline for completion.--Not later than 3
years after the date on which funds are first made
available to the Secretary for the preparation of a
general management plan for the National Historic Site,
the Secretary shall prepare a general management plan
for the National Historic Site in accordance with
section 100502 of title 54, United States Code.
(B) Inclusion.--The general management plan
prepared under subparagraph (A) shall identify, as
appropriate, the roles and responsibilities of the
National Park Service and any applicable management
entity in administering and interpreting the National
Historic Site and areas affiliated with the National
Historic Site in a manner that does not interfere with
existing operations and the continued use of existing
facilities at the National Historic Site, unless agreed
to by the Roberts Temple and in accordance with the
agreements described in paragraph (2) and subsection
(b).
(C) Submission to congress.--On completion of the
general management plan under subparagraph (A), the
Secretary shall submit to the Committee on Energy and
Natural Resources of the Senate and the Committee on
Natural Resources of the House of Representatives the
general management plan prepared under that
subparagraph.
<all>
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118S563
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A bill to amend the Act of June 18, 1934, to reaffirm the authority of the Secretary of the Interior to take land into trust for Indian Tribes, and for other purposes.
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<p>This bill authorizes the Department of the Interior to take land into trust for all federally recognized Indian tribes.</p> <p>Specifically, the bill applies the Indian Reorganization Act to all federally recognized Indian tribes, regardless of when a tribe became recognized. The amendments made by this bill are retroactively effective as if included in the Indian Reorganization Act. This effectively overrules the Supreme Court's decision in <i>Carcieri v. Salazar, </i>which held that Interior could not take land into trust for a specified tribe because that tribe had not been under federal jurisdiction when the Indian Reorganization Act was enacted in 1934.</p>
|
<html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 563 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 563
To amend the Act of June 18, 1934, to reaffirm the authority of the
Secretary of the Interior to take land into trust for Indian Tribes,
and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
February 28, 2023
Mr. Tester (for himself, Mr. Moran, Ms. Smith, Mr. Wyden, Mr. Kelly,
Mr. Lujan, Mr. Tuberville, Mrs. Murray, Mr. Padilla, Ms. Cortez Masto,
Mr. Heinrich, Ms. Warren, and Mr. Schatz) introduced the following
bill; which was read twice and referred to the Committee on Indian
Affairs
_______________________________________________________________________
A BILL
To amend the Act of June 18, 1934, to reaffirm the authority of the
Secretary of the Interior to take land into trust for Indian Tribes,
and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. AUTHORITY REAFFIRMED.
(a) Reaffirmation.--
(1) In general.--Section 19 of the Act of June 18, 1934
(commonly known as the ``Indian Reorganization Act'') (48 Stat.
988, chapter 576; 25 U.S.C. 5129), is amended in the first
sentence--
(A) by striking ``The term'' and inserting
``Effective beginning on June 18, 1934, the term''; and
(B) by striking ``any recognized Indian tribe now
under Federal jurisdiction'' and inserting ``any
federally recognized Indian tribe''.
(2) Effective date.--The amendments made by paragraph (1)
shall take effect as if included in the Act of June 18, 1934
(48 Stat. 984, chapter 576; 25 U.S.C. 5101 et seq.) (commonly
known as the ``Indian Reorganization Act''), on the date of the
enactment of that Act.
(b) Ratification and Confirmation of Actions.--Any action taken by
the Secretary of the Interior pursuant to the Act of June 18, 1934
(commonly known as the ``Indian Reorganization Act'') (48 Stat. 984,
chapter 576; 25 U.S.C. 5101 et seq.), for any Indian Tribe that was
federally recognized on the date of the action is ratified and
confirmed, to the extent such action is subjected to challenge based on
whether the Indian Tribe was federally recognized or under Federal
jurisdiction on June 18, 1934, as if the action had, by prior Act of
Congress, been specifically authorized and directed.
(c) Effect on Other Laws.--
(1) In general.--Nothing in this section or the amendments
made by this section affects--
(A) the application or effect of any Federal law
other than the Act of June 18, 1934 (commonly known as
the ``Indian Reorganization Act'') (48 Stat. 984,
chapter 576; 25 U.S.C. 5101 et seq.), as amended by
subsection (a); or
(B) any limitation on the authority of the
Secretary of the Interior under any Federal law or
regulation other than the Act of June 18, 1934
(commonly known as the ``Indian Reorganization Act'')
(48 Stat. 984, chapter 576; 25 U.S.C. 5101 et seq.), as
amended by subsection (a).
(2) References in other laws.--An express reference to the
Act of June 18, 1934 (commonly known as the ``Indian
Reorganization Act'') (48 Stat. 984, chapter 576; 25 U.S.C.
5101 et seq.), contained in any other Federal law shall be
considered a reference to that Act as amended by subsection
(a).
<all>
</pre></body></html>
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118S564
|
Parental Data Rights Act
|
[
[
"H001089",
"Sen. Hawley, Josh [R-MO]",
"sponsor"
]
] |
<html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 564 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 564
To permit parents to bring a civil action against social media
companies that fail to provide parental access and data control rights
with respect to the social media accounts of minor children, and for
other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
February 28, 2023
Mr. Hawley introduced the following bill; which was read twice and
referred to the Committee on Commerce, Science, and Transportation
_______________________________________________________________________
A BILL
To permit parents to bring a civil action against social media
companies that fail to provide parental access and data control rights
with respect to the social media accounts of minor children, and for
other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Parental Data Rights Act''.
SEC. 2. PARENTAL SOCIAL MEDIA ACCOUNT ACCESS.
(a) Definitions.--In this section:
(1) Contact information.--The term ``contact information'',
with respect to an individual, means--
(A) the full legal name of the individual; and
(B) the email address of the individual.
(2) Covered interactive computer service.--The term
``covered interactive computer service'' means an interactive
computer service--
(A) that is provided through a website, online
application, or mobile application (including a single
interactive computer service that is provided through
more than 1 such website or application);
(B) through which information provided by another
information content provider is distributed; and
(C) that enables an individual user to create an
account for the purpose of viewing, generating, or
modifying content that can be viewed, shared, or
otherwise interacted with by other third-party users of
the interactive computer service.
(3) Information content provider; interactive computer
service.--The terms ``information content provider'' and
``interactive computer service'' have the meanings given those
terms in section 230(f) of the Communications Act of 1934 (47
U.S.C. 230(f)).
(4) Minor child.--The term ``minor child'' means an
individual who is younger than 18 years of age.
(5) Social media company.--The term ``social media
company''--
(A) means an entity that provides, in or affecting
interstate or foreign commerce, a covered interactive
computer service; and
(B) does not include an organization described in
section 501(c) of the Internal Revenue Code of 1986 and
exempt from taxation under section 501(a) of such Code.
(b) Parental Notification.--A social media company that permits a
minor child to create an account with the social media company shall--
(1) at the time the minor child creates the account,
require the collection of the contact information of a parent
or guardian of that minor child; and
(2) notify the parent or guardian, the contact information
of whom is collected under paragraph (1), regarding the
creation of the account described in that paragraph.
(c) Liability.--A social media company shall be liable in
accordance with this section to--
(1) any individual who requests, and is denied access to,
all data regarding the use, by a minor child in the custody of
the individual, of the covered interactive computer service
provided by the social media company; and
(2) any individual who requests and is denied the ability
to delete--
(A) an account maintained with the social media
company by a minor child in the custody of the
individual; and
(B) all data associated with the account described
in subparagraph (A).
(d) Private Right of Action.--
(1) In general.--An individual who makes a request under
subsection (c) (and who is entitled to have the applicable
social media company take action under that subsection in
response to that request), may, if that request is denied by
the social media company, bring a civil action against the
social media company in an appropriate district court of the
United States, or in a State court of competent jurisdiction,
for--
(A) injunctive relief;
(B) punitive damages, with treble damages available
if, because of the negligence or inaction of that
social media company, the individual did not receive
from that social media company a notification to which
the individual was entitled under subsection (b)(2);
and
(C) attorney's fees and costs.
(2) Affirmative defense.--It shall be an affirmative
defense to an action brought against a social media company
under paragraph (1) that the social media company, at all
relevant times--
(A) took reasonable, affirmative steps to ascertain
the age of each user of the covered interactive
computer service provided by the social media company;
and
(B) did not know, and had no reason to know, that
the user that is the subject of the action was a minor
child when the user used the covered interactive
computer service provided by the social media company.
(e) Effective Date; Applicability.--This Act--
(1) shall take effect on the date that is 180 days after
the date of enactment of this Act; and
(2) shall not apply to any use of a covered interactive
computer service that occurred before the effective date
described in paragraph (1).
<all>
</pre></body></html>
|
[
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118S565
|
Pregnancy Center Security Act
|
[
[
"R000584",
"Sen. Risch, James E. [R-ID]",
"sponsor"
],
[
"H001079",
"Sen. Hyde-Smith, Cindy [R-MS]",
"cosponsor"
],
[
"C000880",
"Sen. Crapo, Mike [R-ID]",
"cosponsor"
],
[
"C001098",
"Sen. Cruz, Ted [R-TX]",
"cosponsor"
],
[
"R000595",
"Sen. Rubio, Marco [R-FL]",
"cosponsor"
],
[
"H001089",
"Sen. Hawley, Josh [R-MO]",
"cosponsor"
]
] |
<p><b>Pregnancy Center Security Act</b></p> <p>This bill requires the Department of Health and Human Services to award grants on a competitive basis for upgrading the facilities of pregnancy-help organizations. The bill defines these as organizations that provide services to individuals with unintended pregnancies with the intent of encouraging the individuals to give birth; the definition in the bill excludes, however, organizations that perform or refer for abortions (or affiliates of those organizations).</p> <p>Facility upgrades include installing security systems and making the facilities accessible to people with disabilities.</p> <p>The bill prohibits the use of grant funds for abortion-related services.</p>
|
<html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 565 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 565
To require the Secretary of Health and Human Services to award grants
to pregnancy-help organizations.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
February 28, 2023
Mr. Risch (for himself, Mrs. Hyde-Smith, Mr. Crapo, Mr. Cruz, Mr.
Rubio, and Mr. Hawley) introduced the following bill; which was read
twice and referred to the Committee on Health, Education, Labor, and
Pensions
_______________________________________________________________________
A BILL
To require the Secretary of Health and Human Services to award grants
to pregnancy-help organizations.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Pregnancy Center Security Act''.
SEC. 2. GRANTS FOR PREGNANCY-HELP ORGANIZATIONS.
Part P of title III of the Public Health Service Act (42 U.S.C.
280g et seq.) is amended by adding at the end the following:
``SEC. 399V-8. GRANTS FOR PREGNANCY-HELP ORGANIZATIONS.
``(a) In General.--The Secretary shall award grants, on a
competitive basis, to pregnancy-help organizations.
``(b) Use of Funds.--
``(1) In general.--A grant awarded under this section shall
be used for upgrading the facilities of the pregnancy-help
organization receiving such grant, including through--
``(A) implementing security upgrades, such as by
installing security cameras or security systems; or
``(B) improvements to comply with requirements
under the Americans with Disabilities Act of 1990,
including regulations promulgated under such Act.
``(2) Prohibited uses.--Notwithstanding paragraph (1), no
funds from a grant under this section may be--
``(A) used to perform, assist, counsel, prescribe,
refer for, or encourage abortion; or
``(B) provided by the pregnancy-help organization
to any other entity that performs, assists, counsels,
prescribes, refers for, or encourages abortion.
``(c) Definition of Pregnancy-help Organization.--In this section,
the term `pregnancy-help organization'--
``(1) means an organization that seeks to provide a range
of services to individuals facing unintended pregnancies, with
the intention of encouraging pregnant women to give birth to
their unborn children; and
``(2) notwithstanding paragraph (1), does not include any
organization that--
``(A) performs, assists, counsels, prescribes,
refers for, or encourages abortion; or
``(B) affiliates with any organization that
performs, assists, counsels, prescribes, refers for, or
encourages abortion.
``(d) Authorization of Appropriations.--There are authorized to be
appropriated such sums as may be necessary to carry out this
section.''.
<all>
</pre></body></html>
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118S566
|
Charitable Act
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<p><strong>Charitable Act</strong></p> <p>This bill allows individual taxpayers who do not otherwise itemize their tax deductions a deduction in taxable years beginning in 2023 or 2024 for charitable contributions. The deduction is limited to one-third of the standard deduction allowed to such taxpayers.</p>
|
<html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 566 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 566
To amend the Internal Revenue Code of 1986 to modify and extend the
deduction for charitable contributions for individuals not itemizing
deductions.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
February 28, 2023
Mr. Lankford (for himself, Mr. Coons, Mr. Rubio, Ms. Cortez Masto, Ms.
Hassan, Mr. Warnock, Ms. Collins, Ms. Klobuchar, Mr. Scott of South
Carolina, Mr. Peters, and Mrs. Shaheen) 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 modify and extend the
deduction for charitable contributions for individuals not itemizing
deductions.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Charitable Act''.
SEC. 2. MODIFICATION AND EXTENSION OF DEDUCTION FOR CHARITABLE
CONTRIBUTIONS FOR INDIVIDUALS NOT ITEMIZING DEDUCTIONS.
(a) In General.--Subsection (p) of section 170 of the Internal
Revenue Code of 1986 is amended to read as follows:
``(p) Special Rule for Taxpayers Who Do Not Elect To Itemize
Deductions.--In the case of a taxable year beginning in 2023 or 2024,
the deduction under this subsection for the taxable year shall be equal
to so much of the deduction determined under this section (without
regard to this subsection) for such taxable year as does not exceed an
amount equal to \1/3\ of the amount of the standard deduction with
respect to such individual for such taxable year. This subsection shall
apply only in the case of an individual who does not elect to itemize
deductions for the taxable year.''.
(b) Elimination of Penalty.--
(1) In general.--Section 6662(b) of the Internal Revenue
Code of 1986 is amended by striking paragraph (9) and by
redesignating paragraph (10) as paragraph (9).
(2) Increased penalty.--Section 6662 of such Code is
amended by striking subsection (l).
(3) Conforming amendments.--
(A) Sections 6662(h)(2)(D) of such Code is amended
by striking ``subsection (b)(10)'' and inserting
``subsection (b)(9)''.
(B) Section 6664(c)(2) of such Code is amended by
striking ``section 6662(b)(10)'' and inserting
``section 6662(b)(9)''.
(C) Section 6751(b)(2)(A) of such Code is amended
by striking ``by reason of paragraph (9) or (10) of
subsection (b) thereof'' and inserting ``by reason of
subsection (b)(9) thereof''.
(c) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2022.
<all>
</pre></body></html>
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"billTextVersionName": "Introduced in Senate",
"chamberCode": null,
"chamberName": null,
"title": "A bill to amend the Internal Revenue Code of 1986 to modify and extend the deduction for charitable contributions for individuals not itemizing deductions.",
"titleType": "Official Title as Introduced"
}
]
}
|
118S567
|
Richard L. Trumka Protecting the Right to Organize Act of 2023
|
[
[
"S000033",
"Sen. Sanders, Bernard [I-VT]",
"sponsor"
],
[
"S000148",
"Sen. Schumer, Charles E. [D-NY]",
"cosponsor"
],
[
"M001111",
"Sen. Murray, Patty [D-WA]",
"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"
],
[
"C000174",
"Sen. Carper, Thomas R. [D-DE]",
"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"
],
[
"G000555",
"Sen. Gillibrand, Kirsten E. [D-NY]",
"cosponsor"
],
[
"H001076",
"Sen. Hassan, Margaret Wood [D-NH]",
"cosponsor"
],
[
"H001046",
"Sen. Heinrich, Martin [D-NM]",
"cosponsor"
],
[
"H000273",
"Sen. Hickenlooper, John W. [D-CO]",
"cosponsor"
],
[
"H001042",
"Sen. Hirono, Mazie K. [D-HI]",
"cosponsor"
],
[
"K000384",
"Sen. Kaine, Tim [D-VA]",
"cosponsor"
],
[
"K000383",
"Sen. King, Angus S., Jr. [I-ME]",
"cosponsor"
],
[
"K000367",
"Sen. Klobuchar, Amy [D-MN]",
"cosponsor"
],
[
"L000570",
"Sen. Lujan, Ben Ray [D-NM]",
"cosponsor"
],
[
"M001183",
"Sen. Manchin, Joe, III [D-WV]",
"cosponsor"
],
[
"M000133",
"Sen. Markey, Edward J. [D-MA]",
"cosponsor"
],
[
"M000639",
"Sen. Menendez, Robert [D-NJ]",
"cosponsor"
],
[
"M001176",
"Sen. Merkley, Jeff [D-OR]",
"cosponsor"
],
[
"M001169",
"Sen. Murphy, Christopher [D-CT]",
"cosponsor"
],
[
"O000174",
"Sen. Ossoff, Jon [D-GA]",
"cosponsor"
],
[
"P000145",
"Sen. Padilla, Alex [D-CA]",
"cosponsor"
],
[
"P000595",
"Sen. Peters, Gary C. [D-MI]",
"cosponsor"
],
[
"R000122",
"Sen. Reed, Jack [D-RI]",
"cosponsor"
],
[
"R000608",
"Sen. Rosen, Jacky [D-NV]",
"cosponsor"
],
[
"S001194",
"Sen. Schatz, Brian [D-HI]",
"cosponsor"
],
[
"S001181",
"Sen. Shaheen, Jeanne [D-NH]",
"cosponsor"
],
[
"S001203",
"Sen. Smith, Tina [D-MN]",
"cosponsor"
],
[
"S000770",
"Sen. Stabenow, Debbie [D-MI]",
"cosponsor"
],
[
"T000464",
"Sen. Tester, Jon [D-MT]",
"cosponsor"
],
[
"V000128",
"Sen. Van Hollen, Chris [D-MD]",
"cosponsor"
],
[
"W000790",
"Sen. Warnock, Raphael G. [D-GA]",
"cosponsor"
],
[
"W000817",
"Sen. Warren, Elizabeth [D-MA]",
"cosponsor"
],
[
"W000800",
"Sen. Welch, Peter [D-VT]",
"cosponsor"
],
[
"W000802",
"Sen. Whitehouse, Sheldon [D-RI]",
"cosponsor"
],
[
"W000779",
"Sen. Wyden, Ron [D-OR]",
"cosponsor"
]
] |
<p><strong><b>Richard L. Trumka</b> Protecting the Right to Organize Act of 20</strong><b>23</b></p> <p>This bill expands various labor protections related to employees' rights to organize and collectively bargain in the workplace.</p> <p>Specifically, it revises the definitions of <i>employee</i>, <i>supervisor</i>, and<i> employer</i> to broaden the scope of individuals covered by the fair labor standards; permits labor organizations to encourage participation of union members in strikes initiated by employees represented by a different labor organization (i.e., secondary strikes); and prohibits employers from bringing claims against unions that conduct such secondary strikes.</p> <p>The bill also allows collective bargaining agreements to require all employees represented by the bargaining unit to contribute fees to the labor organization for the cost of such representation, notwithstanding a state law to the contrary, and it expands unfair labor practices to include prohibitions against replacement of, or discrimination against, workers who participate in strikes.</p> <p>The bill makes it an unfair labor practice to require or coerce employees to attend employer meetings designed to discourage union membership and prohibits employers from entering into agreements with employees under which employees waive the right to pursue or a join collective or class-action litigation.</p> <p>Finally, the bill addresses the procedures for union representation elections, modifies the protections against unfair labor practices that result in serious economic harm, and establishes penalties and permits injunctive relief against entities that fail to comply with National Labor Relations Board orders.</p> <p>
|
<html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 567 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 567
To amend the National Labor Relations Act, the Labor Management
Relations Act, 1947, and the Labor-Management Reporting and Disclosure
Act of 1959, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
February 28, 2023
Mr. Sanders (for himself, Mr. Schumer, Mrs. Murray, 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.
King, Ms. Klobuchar, Mr. Lujan, Mr. Manchin, Mr. Markey, Mr. Menendez,
Mr. Merkley, Mr. Murphy, Mr. Ossoff, Mr. Padilla, Mr. Peters, Mr. Reed,
Ms. Rosen, Mr. Schatz, Mrs. Shaheen, Ms. Smith, Ms. Stabenow, Mr.
Tester, Mr. Van Hollen, 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 Health, Education, Labor,
and Pensions
_______________________________________________________________________
A BILL
To amend the National Labor Relations Act, the Labor Management
Relations Act, 1947, and the Labor-Management Reporting and Disclosure
Act of 1959, and for other 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 ``Richard L. Trumka
Protecting the Right to Organize Act of 2023''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
TITLE I--AMENDMENTS TO THE NATIONAL LABOR RELATIONS ACT
Sec. 101. Definitions.
Sec. 102. Reports.
Sec. 103. Appointment.
Sec. 104. Unfair labor practices.
Sec. 105. Representatives and elections.
Sec. 106. Damages for unfair labor practices.
Sec. 107. Enforcing compliance with orders of the Board.
Sec. 108. Injunctions against unfair labor practices involving
discharge or other serious economic harm.
Sec. 109. Penalties.
Sec. 110. Limitations on the right to strike.
Sec. 111. Fair share agreements permitted.
TITLE II--AMENDMENTS TO THE LABOR MANAGEMENT RELATIONS ACT, 1947 AND
THE LABOR-MANAGEMENT REPORTING AND DISCLOSURE ACT OF 1959
Sec. 201. Conforming amendments to the Labor Management Relations Act,
1947.
Sec. 202. Amendments to the Labor-Management Reporting and Disclosure
Act of 1959.
TITLE III--OTHER MATTERS
Sec. 301. Severability.
Sec. 302. Authorization of appropriations.
TITLE I--AMENDMENTS TO THE NATIONAL LABOR RELATIONS ACT
SEC. 101. DEFINITIONS.
(a) Joint Employer.--Section 2(2) of the National Labor Relations
Act (29 U.S.C. 152(2)) is amended by adding at the end the following:
``Two or more persons shall be employers with respect to an employee if
each such person codetermines or shares control over the employee's
essential terms and conditions of employment. In determining whether
such control exists, the Board or a court of competent jurisdiction
shall consider as relevant direct control and indirect control over
such terms and conditions, reserved authority to control such terms and
conditions, and control over such terms and conditions exercised by a
person in fact: Provided, That nothing herein precludes a finding that
indirect or reserved control standing alone can be sufficient given
specific facts and circumstances.''.
(b) Employee.--Section 2(3) of the National Labor Relations Act (29
U.S.C. 152(3)) is amended by adding at the end the following: ``An
individual performing any service shall be considered an employee
(except as provided in the previous sentence) and not an independent
contractor, unless--
``(A) the individual is free from control and
direction in connection with the performance of the
service, both under the contract for the performance of
service and in fact;
``(B) the service is performed outside the usual
course of the business of the employer; and
``(C) the individual is customarily engaged in an
independently established trade, occupation,
profession, or business of the same nature as that
involved in the service performed.''.
(c) Supervisor.--Section 2(11) of the National Labor Relations Act
(29 U.S.C. 152(11)) is amended--
(1) by inserting ``and for a majority of the individual's
worktime'' after ``interest of the employer'';
(2) by striking ``assign,''; and
(3) by striking ``or responsibly to direct them,''.
SEC. 102. REPORTS.
Section 3(c) of the National Labor Relations Act (29 U.S.C. 153(c))
is amended--
(1) by striking ``The Board'' and inserting ``(1) The
Board''; and
(2) by adding at the end the following:
``(2) Effective January 1, 2025, section 3003 of the Federal
Reports Elimination and Sunset Act of 1995 (Public Law 104-66; 31
U.S.C. 1113 note) shall not apply with respect to reports required
under this subsection.
``(3) Each report issued under this subsection shall--
``(A) include no less detail than reports issued by the
Board prior to the termination of such reports under section
3003 of the Federal Reports Elimination and Sunset Act of 1995
(Public Law 104-66; 31 U.S.C. 1113 note);
``(B) list each case in which the Designated Agency Ethics
Official provided advice regarding whether a Member should be
recused from participating in a case or rulemaking; and
``(C) list each case in which the Designated Agency Ethics
Official determined that a Member should be recused from
participating in a case or rulemaking.''.
SEC. 103. APPOINTMENT.
Section 4(a) of the National Labor Relations Act (29 U.S.C. 154(a))
is amended by striking ``, or for economic analysis''.
SEC. 104. UNFAIR LABOR PRACTICES.
Section 8 of the National Labor Relations Act (29 U.S.C. 158) is
amended--
(1) in subsection (a)--
(A) in paragraph (5), by striking the period and
inserting ``;''; and
(B) by adding at the end the following:
``(6) to promise, threaten, or take any action--
``(A) to permanently replace an employee who
participates in a strike as defined by section 501(2)
of the Labor Management Relations Act, 1947 (29 U.S.C.
142(2));
``(B) to discriminate against an employee who is
working or has unconditionally offered to return to
work for the employer because the employee supported or
participated in such a strike; or
``(C) to lockout, suspend, or otherwise withhold
employment from employees in order to influence the
position of such employees or the representative of
such employees in collective bargaining prior to a
strike; and
``(7) to communicate or misrepresent to an employee under
section 2(3) that such employee is excluded from the definition
of employee under section 2(3).'';
(2) in subsection (b)--
(A) by striking paragraphs (4) and (7);
(B) by redesignating paragraphs (5) and (6) as
paragraphs (4) and (5), respectively;
(C) in paragraph (4), as so redesignated, by
striking ``affected;'' and inserting ``affected; and'';
and
(D) in paragraph (5), as so redesignated, by
striking ``; and'' and inserting a period;
(3) in subsection (c), by striking the period at the end
and inserting the following: ``: Provided, That it shall be an
unfair labor practice under subsection (a)(1) for any employer
to require or coerce an employee to attend or participate in
such employer's campaign activities unrelated to the employee's
job duties, including activities that are subject to the
requirements under section 203(b) of the Labor-Management
Reporting and Disclosure Act of 1959 (29 U.S.C. 433(b)).'';
(4) in subsection (d)--
(A) by redesignating paragraphs (1) through (4) as
subparagraphs (A) through (D), respectively;
(B) by striking ``For the purposes of this
section'' and inserting ``(1) For purposes of this
section'';
(C) by inserting ``and to maintain current wages,
hours, and terms and conditions of employment pending
an agreement'' after ``arising thereunder'';
(D) by inserting ``: Provided, That an employer's
duty to collectively bargain shall continue absent
decertification of the labor organization following an
election conducted pursuant to section 9'' after
``making of a concession'';
(E) by inserting ``further'' before ``, That where
there is in effect'';
(F) by striking ``The duties imposed'' and
inserting ``(2) The duties imposed'';
(G) by striking ``by paragraphs (2), (3), and (4)''
and inserting ``by subparagraphs (B), (C), and (D) of
paragraph (1)'';
(H) by striking ``section 8(d)(1)'' and inserting
``paragraph (1)(A)'';
(I) by striking ``section 8(d)(3)'' each place it
appears and inserting ``paragraph (1)(C)'';
(J) by striking ``section 8(d)(4)'' and inserting
``paragraph (1)(D)''; and
(K) by adding at the end the following:
``(3) Whenever collective bargaining is for the purpose of
establishing an initial collective bargaining agreement following
certification or recognition of a labor organization, the following
shall apply:
``(A) Not later than 10 days after receiving a written
request for collective bargaining from an individual or labor
organization that has been newly recognized or certified as a
representative as defined in section 9(a), or within such
further period as the parties agree upon, the parties shall
meet and commence to bargain collectively and shall make every
reasonable effort to conclude and sign a collective bargaining
agreement.
``(B) If after the expiration of the 90-day period
beginning on the date on which bargaining is commenced, or such
additional period as the parties may agree upon, the parties
have failed to reach an agreement, either party may notify the
Federal Mediation and Conciliation Service of the existence of
a dispute and request mediation. Whenever such a request is
received, it shall be the duty of the Service promptly to put
itself in communication with the parties and to use its best
efforts, by mediation and conciliation, to bring them to
agreement.
``(C) If after the expiration of the 30-day period
beginning on the date on which the request for mediation is
made under subparagraph (B), or such additional period as the
parties may agree upon, the Service is not able to bring the
parties to agreement by conciliation, the Service shall refer
the dispute to a tripartite arbitration panel established in
accordance with such regulations as may be prescribed by the
Service, with one member selected by the labor organization,
one member selected by the employer, and one neutral member
mutually agreed to by the parties. The labor organization and
employer must each select the members of the tripartite
arbitration panel within 14 days of the Service's referral; if
the labor organization or employer fail to do so, the Service
shall designate any members not selected by the labor
organization or the employer. A majority of the tripartite
arbitration panel shall render a decision settling the dispute
and such decision shall be binding upon the parties for a
period of 2 years, unless amended during such period by written
consent of the parties. Such decision shall be based on--
``(i) the employer's financial status and
prospects;
``(ii) the size and type of the employer's
operations and business;
``(iii) the employees' cost of living;
``(iv) the employees' ability to sustain
themselves, their families, and their dependents on the
wages and benefits they earn from the employer; and
``(v) the wages and benefits other employers in the
same business provide their employees.'';
(5) by amending subsection (e) to read as follows:
``(e) Notwithstanding chapter 1 of title 9, United States Code
(commonly known as the `Federal Arbitration Act'), or any other
provision of law, it shall be an unfair labor practice under subsection
(a)(1) for any employer--
``(1) to enter into or attempt to enforce any agreement,
express or implied, whereby prior to a dispute to which the
agreement applies, an employee undertakes or promises not to
pursue, bring, join, litigate, or support any kind of joint,
class, or collective claim arising from or relating to the
employment of such employee in any forum that, but for such
agreement, is of competent jurisdiction;
``(2) to coerce an employee into undertaking or promising
not to pursue, bring, join, litigate, or support any kind of
joint, class, or collective claim arising from or relating to
the employment of such employee; or
``(3) to retaliate or threaten to retaliate against an
employee for refusing to undertake or promise not to pursue,
bring, join, litigate, or support any kind of joint, class, or
collective claim arising from or relating to the employment of
such employee:
Provided, That any agreement that violates this subsection or results
from a violation of this subsection shall be to such extent
unenforceable and void: Provided further, That this subsection shall
not apply to any agreement embodied in or expressly permitted by a
contract between an employer and a labor organization.'';
(6) in subsection (g), by striking ``clause (B) of the last
sentence of section 8(d) of this Act'' and inserting
``subsection (d)(2)(B)''; and
(7) by adding at the end the following:
``(h)(1) The Board shall promulgate regulations requiring each
employer to post and maintain, in conspicuous places where notices to
employees and applicants for employment are customarily posted both
physically and electronically, a notice setting forth the rights and
protections afforded employees under this Act. The Board shall make
available to the public the form and text of such notice. The Board
shall promulgate regulations requiring employers to notify each new
employee of the information contained in the notice described in the
preceding two sentences.
``(2) Whenever the Board directs an election under section 9(c) or
approves an election agreement, the employer of employees in the
bargaining unit shall, not later than 2 business days after the Board
directs such election or approves such election agreement, provide a
voter list to a labor organization that has petitioned to represent
such employees. Such voter list shall include the names of all
employees in the bargaining unit and such employees' home addresses,
work locations, shifts, job classifications, and, if available to the
employer, personal landline and mobile telephone numbers, and work and
personal email addresses; such voter list shall be provided in a
searchable electronic format generally approved by the Board unless the
employer certifies that the employer does not possess the capacity to
produce the list in the required form. Not later than 9 months after
the date of enactment of the Richard L. Trumka Protecting the Right to
Organize Act of 2023, the Board shall promulgate regulations
implementing the requirements of this paragraph.
``(i) The rights of an employee under section 7 include the right
to use electronic communication devices and systems (including
computers, laptops, tablets, internet access, email, cellular
telephones, or other company equipment) of the employer of such
employee to engage in activities protected under section 7 if such
employer has given such employee access to such devices and systems in
the course of the work of such employee, absent a compelling business
rationale for denying or limiting such use.''.
SEC. 105. REPRESENTATIVES AND ELECTIONS.
Section 9 of the National Labor Relations Act (29 U.S.C. 159) is
amended--
(1) in subsection (c)--
(A) by amending paragraph (1) to read as follows:
``(1) Whenever a petition shall have been filed, in accordance with
such regulations as may be prescribed by the Board, by an employee or
group of employees or any individual or labor organization acting in
their behalf alleging that a substantial number of employees (i) wish
to be represented for collective bargaining and that their employer
declines to recognize their representative as the representative
defined in section 9(a), or (ii) assert that the individual or labor
organization, which has been certified or is being recognized by their
employer as the bargaining representative, is no longer a
representative as defined in section 9(a), the Board shall investigate
such petition and if it has reasonable cause to believe that a question
of representation affecting commerce exists shall provide for an
appropriate hearing upon due notice. Such hearing may be conducted by
an officer or employee of the regional office, who shall not make any
recommendations with respect thereto. If the Board finds upon the
record of such hearing that such a question of representation exists,
it shall direct an election by secret ballot and shall certify the
results thereof. The Board shall find the labor organization's proposed
unit to be appropriate if the employees in the proposed unit share a
community of interest, and if the employees outside the unit do not
share an overwhelming community of interest with employees inside. At
the request of the labor organization, the Board shall direct that the
election be conducted through certified mail, electronically, at the
work location, or at a location other than one owned or controlled by
the employer. No employer shall have standing as a party or to
intervene in any representation proceeding under this section.'';
(B) in paragraph (3), by striking ``an economic
strike who are not entitled to reinstatement'' and
inserting ``a strike'';
(C) by redesignating paragraphs (4) and (5) as
paragraphs (6) and (7), respectively;
(D) by inserting after paragraph (3) the following:
``(4) If the Board finds that, in an election under paragraph (1),
a majority of the valid votes cast in a unit appropriate for purposes
of collective bargaining have been cast in favor of representation by
the labor organization, the Board shall certify the labor organization
as the representative of the employees in such unit and shall issue an
order requiring the employer of such employees to collectively bargain
with the labor organization in accordance with section 8(d). This order
shall be deemed an order under section 10(c) of this Act, without need
for a determination of an unfair labor practice.
``(5)(A) If the Board finds that, in an election under paragraph
(1), a majority of the valid votes cast in a unit appropriate for
purposes of collective bargaining have not been cast in favor of
representation by the labor organization, the Board shall certify the
results of the election, subject to subparagraphs (B) and (C).
``(B) In any case in which a majority of the valid votes cast in a
unit appropriate for purposes of collective bargaining have not been
cast in favor of representation by the labor organization and the Board
determines, following a post-election hearing, that the employer has
committed a violation of this Act or otherwise interfered with a fair
election, and the employer has not demonstrated that the violation or
other interference is unlikely to have affected the outcome of the
election, the Board shall, without ordering a new election, set aside
the election and certify the labor organization as the representative
of the employees in such unit and issue an order requiring the employer
to bargain with the labor organization in accordance with section 8(d)
if, at any time during the period beginning 1 year preceding the date
of the commencement of the election and ending on the date upon which
the Board makes the determination of a violation or other interference,
a majority of the employees in the bargaining unit have signed
authorizations designating the labor organization as their collective
bargaining representative.
``(C) In any case where the Board determines that an election under
this paragraph should be set aside, the Board shall direct a new
election with appropriate additional safeguards necessary to ensure a
fair election process, except in cases where the Board issues a
bargaining order under subparagraph (B).''; and
(E) by inserting after paragraph (7), as so
redesignated, the following:
``(8) Except under extraordinary circumstances--
``(A) a pre-election hearing under this subsection shall
begin not later than 8 days after a notice of such hearing is
served on the labor organization and shall continue from day to
day until completed;
``(B) a regional director shall transmit the notice of
election at the same time as the direction of election, and
shall transmit such notice and such direction electronically
(including transmission by email or facsimile) or by overnight
mail if electronic transmission is unavailable;
``(C) not later than 2 days after the service of the notice
of hearing, the employer shall--
``(i) post the Notice of Petition for Election in
conspicuous places, including all places where notices
to employees are customarily posted;
``(ii) if the employer customarily communicates
with employees electronically, distribute such Notice
electronically; and
``(iii) maintain such posting until the petition is
dismissed or withdrawn or the Notice of Petition for
Election is replaced by the Notice of Election;
``(D) regional directors shall schedule elections for the
earliest date practicable, but not later than the 20th business
day after the direction of election; and
``(E) a post-election hearing under this subsection shall
begin not later than 14 days after the filing of objections, if
any.'';
(2) in subsection (d), by striking ``(e) or'' and inserting
``(d) or''; and
(3) by adding at the end the following:
``(f) The Board shall dismiss any petition for an election with
respect to a bargaining unit or any subdivision if, during the 12-month
period ending on the date on which the petition is filed--
``(1) the employer has recognized a labor organization
without an election and in accordance with this Act;
``(2) the labor organization and employer engaged in their
first bargaining session following the issuance of a bargaining
order by the Board; or
``(3) the labor organization and successor employer engaged
in their first bargaining session following a succession.
``(g) The Board shall dismiss any petition for an election with
respect to a bargaining unit or any subdivision if there is in effect a
lawful written collective bargaining agreement between the employer and
an exclusive representative covering any employees in the unit
specified in the petition, unless the petition is filed--
``(1) on or after the date that is 3 years after the date
on which the collective bargaining agreement took effect; or
``(2) during the 30-day period beginning on the date that
is 90 days before the date that is 3 years after the date on
which the collective bargaining agreement took effect.
``(h) The Board shall suspend the processing of any petition for an
election with respect to a bargaining unit or any subdivision if a
labor organization files an unfair labor practice charge alleging a
violation of section 8(a) and requesting the suspension of a pending
petition until the unlawful conduct, if any, is remedied or the charge
is dismissed unless the Board determines that employees can, under the
circumstances, exercise free choice in an election despite the unlawful
conduct alleged in the charge.''.
SEC. 106. DAMAGES FOR UNFAIR LABOR PRACTICES.
Section 10(c) of the National Labor Relations Act (29 U.S.C.
160(c)) is amended by striking ``suffered by him'' and inserting
``suffered by such employee: Provided further, That if the Board finds
that an employer has discriminated against an employee in violation of
paragraph (3) or (4) of section 8(a) or has committed a violation of
section 8(a) that results in the discharge of an employee or other
serious economic harm to an employee, the Board shall award the
employee back pay without any reduction (including any reduction based
on the employee's interim earnings or failure to earn interim
earnings), front pay (when appropriate), consequential damages, and an
additional amount as liquidated damages equal to two times the amount
of damages awarded: Provided further, no relief under this subsection
shall be denied on the basis that the employee is, or was during the
time of relevant employment or during the back pay period, an
unauthorized alien as defined in section 274A(h)(3) of the Immigration
and Nationality Act (8 U.S.C. 1324a(h)(3)) or any other provision of
Federal law relating to the unlawful employment of aliens''.
SEC. 107. ENFORCING COMPLIANCE WITH ORDERS OF THE BOARD.
(a) In General.--Section 10 of the National Labor Relations Act (29
U.S.C. 160) is further amended--
(1) by striking subsection (e);
(2) by redesignating subsection (d) as subsection (e);
(3) by inserting after subsection (c) the following:
``(d)(1) Each order of the Board shall take effect upon issuance of
such order, unless otherwise directed by the Board, and shall remain in
effect unless modified by the Board or unless a court of competent
jurisdiction issues a superseding order.
``(2) Any person who fails or neglects to obey an order of the
Board shall forfeit and pay to the Board a civil penalty of not more
than $10,000 for each violation, which shall accrue to the United
States and may be recovered in a civil action brought by the Board to
the district court of the United States in which the unfair labor
practice or other subject of the order occurred, or in which such
person or entity resides or transacts business. No action by the Board
under this paragraph may be made until 30 days following the issuance
of an order. Each separate violation of such an order shall be a
separate offense, except that, in the case of a violation in which a
person fails to obey or neglects to obey a final order of the Board,
each day such failure or neglect continues shall be deemed a separate
offense.
``(3) If, after having provided a person or entity with notice and
an opportunity to be heard regarding a civil action under paragraph (2)
for the enforcement of an order, the court determines that the order
was regularly made and duly served, and that the person or entity is in
disobedience of the same, the court shall enforce obedience to such
order by an injunction or other proper process, mandatory or otherwise,
to--
``(A) restrain such person or entity or the officers,
agents, or representatives of such person or entity, from
further disobedience to such order; or
``(B) enjoin such person or entity, officers, agents, or
representatives to obedience to the same.'';
(4) in subsection (f)--
(A) by striking ``proceed in the same manner as in
the case of an application by the Board under
subsection (e) of this section,'' and inserting
``proceed as provided under paragraph (2) of this
subsection'';
(B) by striking ``Any'' and inserting ``(1) Within
30 days of the issuance of an order, any''; and
(C) by adding at the end the following:
``(2) No objection that has not been urged before the Board, its
member, agent, or agency shall be considered by a court, unless the
failure or neglect to urge such objection shall be excused because of
extraordinary circumstances. The findings of the Board with respect to
questions of fact if supported by substantial evidence on the record
considered as a whole shall be conclusive. If either party shall apply
to the court for leave to adduce additional evidence and shall show to
the satisfaction of the court that such additional evidence is material
and that there were reasonable grounds for the failure to adduce such
evidence in the hearing before the Board, its member, agent, or agency,
the court may order such additional evidence to be taken before the
Board, its member, agent, or agency, and to be made a part of the
record. The Board may modify its findings as to the facts, or make new
findings, by reason of additional evidence so taken and filed, and it
shall file such modified or new findings, which findings with respect
to questions of fact if supported by substantial evidence on the record
considered as a whole shall be conclusive, and shall file its
recommendations, if any, for the modification or setting aside of its
original order. Upon the filing of the record with it the jurisdiction
of the court shall be exclusive and its judgment and decree shall be
final, except that the same shall be subject to review by the
appropriate United States court of appeals if application was made to
the district court, and by the Supreme Court of the United States upon
writ of certiorari or certification as provided in section 1254 of
title 28, United States Code.''; and
(5) in subsection (g), by striking ``subsection (e) or (f)
of this section'' and inserting ``subsection (d) or (f)''.
(b) Conforming Amendment.--Section 18 of the National Labor
Relations Act (29 U.S.C. 168) is amended by striking `` section 10(e)
or (f)'' and inserting ``subsection (d) or (f) of section 10''.
SEC. 108. INJUNCTIONS AGAINST UNFAIR LABOR PRACTICES INVOLVING
DISCHARGE OR OTHER SERIOUS ECONOMIC HARM.
Section 10 of the National Labor Relations Act (29 U.S.C. 160) is
amended--
(1) in subsection (j)--
(A) by striking ``The Board'' and inserting ``(1)
The Board''; and
(B) by adding at the end the following:
``(2) Notwithstanding subsection (m), whenever it is charged that
an employer has engaged in an unfair labor practice within the meaning
of paragraph (1), (3), or (4) of section 8(a) that significantly
interferes with, restrains, or coerces employees in the exercise of the
rights guaranteed under section 7, or involves discharge or other
serious economic harm to an employee, the preliminary investigation of
such charge shall be made forthwith and given priority over all other
cases except cases of like character in the office where it is filed or
to which it is referred. If, after such investigation, the officer or
regional attorney to whom the matter may be referred has reasonable
cause to believe such charge is true and that a complaint should issue,
such officer or attorney shall bring a petition for appropriate
temporary relief or restraining order as set forth in paragraph (1).
The district court shall grant the relief requested unless the court
concludes that there is no reasonable likelihood that the Board will
succeed on the merits of the Board's claim.''; and
(2) by repealing subsections (k) and (l).
SEC. 109. PENALTIES.
(a) In General.--Section 12 of the National Labor Relations Act (29
U.S.C. 162) is amended--
(1) by striking ``sec. 12. Any person'' and inserting the
following:
``SEC. 12. PENALTIES.
``(a) Violations for Interference With Board.--Any person''; and
(2) by adding at the end the following:
``(b) Violations for Posting Requirements and Voter List.--If the
Board, or any agent or agency designated by the Board for such
purposes, determines that an employer has violated section 8(h) or
regulations issued thereunder, the Board shall--
``(1) state the findings of fact supporting such
determination;
``(2) issue and cause to be served on such employer an
order requiring that such employer comply with section 8(h) or
regulations issued thereunder; and
``(3) impose a civil penalty in an amount determined
appropriate by the Board, except that in no case shall the
amount of such penalty exceed $500 for each such violation.
``(c) Civil Penalties for Violations.--
``(1) In general.--Any employer who commits an unfair labor
practice within the meaning of section 8(a) shall, in addition
to any remedy ordered by the Board, be subject to a civil
penalty in an amount not to exceed $50,000 for each violation,
except that, with respect to an unfair labor practice within
the meaning of paragraph (3) or (4) of section 8(a) or a
violation of section 8(a) that results in the discharge of an
employee or other serious economic harm to an employee, the
Board shall double the amount of such penalty, to an amount not
to exceed $100,000, in any case where the employer has within
the preceding 5 years committed another such violation.
``(2) Considerations.--In determining the amount of any
civil penalty under this subsection, the Board shall consider--
``(A) the gravity of the unfair labor practice;
``(B) the impact of the unfair labor practice on
the charging party, on other persons seeking to
exercise rights guaranteed by this Act, and on the
public interest; and
``(C) the gross income of the employer.
``(3) Director and officer liability.--If the Board
determines, based on the particular facts and circumstances
presented, that a director or officer's personal liability is
warranted, a civil penalty for a violation described in this
subsection may also be assessed against any director or officer
of the employer who directed or committed the violation, had
established a policy that led to such a violation, or had
actual or constructive knowledge of and the authority to
prevent the violation and failed to prevent the violation.
``(d) Right to Civil Action.--
``(1) In general.--Any person who is injured by reason of a
violation of paragraph (1), (3), or (4) of section 8(a) may,
after 60 days following the filing of a charge with the Board
alleging an unfair labor practice, bring a civil action in the
appropriate district court of the United States against the
employer within 90 days after the expiration of the 60-day
period or the date the Board notifies the person that no
complaint shall issue, whichever occurs earlier, provided that
the Board has not filed a petition under section 10(j) of this
Act prior to the expiration of the 60-day period. No relief
under this subsection shall be denied on the basis that the
employee is, or was during the time of relevant employment or
during the back pay period, an unauthorized alien as defined in
section 274A(h)(3) of the Immigration and Nationality Act (8
U.S.C. 1324a(h)(3)) or any other provision of Federal law
relating to the unlawful employment of aliens.
``(2) Available relief.--Relief granted in an action under
paragraph (1) may include--
``(A) back pay without any reduction, including any
reduction based on the employee's interim earnings or
failure to earn interim earnings;
``(B) front pay (when appropriate);
``(C) consequential damages;
``(D) an additional amount as liquidated damages
equal to two times the cumulative amount of damages
awarded under subparagraphs (A) through (C);
``(E) in appropriate cases, punitive damages in
accordance with paragraph (4); and
``(F) any other relief authorized by section 706(g)
of the Civil Rights Act of 1964 (42 U.S.C. 2000e-5(g))
or by section 1977A(b) of the Revised Statutes (42
U.S.C. 1981a(b)).
``(3) Attorney's fees.--In any civil action under this
subsection, the court may allow the prevailing party a
reasonable attorney's fee (including expert fees) and other
reasonable costs associated with maintaining the action.
``(4) Punitive damages.--In awarding punitive damages under
paragraph (2)(E), the court shall consider--
``(A) the gravity of the unfair labor practice;
``(B) the impact of the unfair labor practice on
the charging party, on other persons seeking to
exercise rights guaranteed by this Act, and on the
public interest; and
``(C) the gross income of the employer.''.
(b) Conforming Amendments.--Section 10(b) of the National Labor
Relations Act (29 U.S.C. 160(b)) is amended--
(1) by striking ``six months'' and inserting ``180 days'';
and
(2) by striking ``the six-month period'' and inserting
``the 180-day period''.
SEC. 110. LIMITATIONS ON THE RIGHT TO STRIKE.
Section 13 of the National Labor Relations Act (29 U.S.C. 163) is
amended by striking the period at the end and inserting the following:
``: Provided, That the duration, scope, frequency, or intermittence of
any strike or strikes shall not render such strike or strikes
unprotected or prohibited.''.
SEC. 111. FAIR SHARE AGREEMENTS PERMITTED.
Section 14(b) of the National Labor Relations Act (29 U.S.C.
164(b)) is amended by striking the period at the end and inserting the
following: ``: Provided, That collective bargaining agreements
providing that all employees in a bargaining unit shall contribute fees
to a labor organization for the cost of representation, collective
bargaining, contract enforcement, and related expenditures as a
condition of employment shall be valid and enforceable notwithstanding
any State or Territorial law.''.
TITLE II--AMENDMENTS TO THE LABOR MANAGEMENT RELATIONS ACT, 1947 AND
THE LABOR-MANAGEMENT REPORTING AND DISCLOSURE ACT OF 1959
SEC. 201. CONFORMING AMENDMENTS TO THE LABOR MANAGEMENT RELATIONS ACT,
1947.
The Labor Management Relations Act, 1947 is amended--
(1) in section 213(a) (29 U.S.C. 183(a)), by striking
``clause (A) of the last sentence of section 8(d) (which is
required by clause (3) of such section 8(d)), or within 10 days
after the notice under clause (B)'' and inserting ``section
8(d)(2)(A) of the National Labor Relations Act (which is
required by section 8(d)(1)(C) of such Act), or within 10 days
after the notice under section 8(d)(2)(B) of such Act''; and
(2) by repealing section 303 (29 U.S.C. 187).
SEC. 202. AMENDMENTS TO THE LABOR-MANAGEMENT REPORTING AND DISCLOSURE
ACT OF 1959.
Section 203(c) of the Labor-Management Reporting and Disclosure Act
of 1959 (29 U.S.C. 433(c)) is amended by striking the period at the end
and inserting the following ``: Provided, That this subsection shall
not exempt from the requirements of this section any arrangement or
part of an arrangement in which a party agrees, for an object described
in subsection (b)(1), to plan or conduct employee meetings; train
supervisors or employer representatives to conduct meetings; coordinate
or direct activities of supervisors or employer representatives;
establish or facilitate employee committees; identify employees for
disciplinary action, reward, or other targeting; or draft or revise
employer personnel policies, speeches, presentations, or other written,
recorded, or electronic communications to be delivered or disseminated
to employees.''.
TITLE III--OTHER MATTERS
SEC. 301. SEVERABILITY.
If any provision of this Act or the application thereof to any
person or circumstance is held invalid, the remainder of this Act, or
the application of that provision to persons or circumstances other
than those as to which it is held invalid, is not affected thereby.
SEC. 302. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated such sums as may be
necessary to carry out the provisions of this Act and the amendments
made by this Act.
<all>
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118S568
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Harriet Tubman Tribute Act of 2023
|
[
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"Sen. Shaheen, Jeanne [D-NH]",
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<p><b>Harriet Tubman Tribute Act of 2023 </b></p> <p>This bill directs the Department of the Treasury to ensure that the face of all $20 federal reserve notes printed after December 31, 2030, bear the likeness of Harriet Tubman. Treasury may delay this date by two years if the earlier deadline creates an unacceptable risk (1) of counterfeiting; or (2) to the safe, secure, and speedy functioning of the United States economy.</p>
|
<html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 568 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 568
To require the Secretary of the Treasury to redesign $20 Federal
reserve notes so as to include a likeness of Harriet Tubman, and for
other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
February 28, 2023
Mrs. Shaheen introduced the following bill; which was read twice and
referred to the Committee on Banking, Housing, and Urban Affairs
_______________________________________________________________________
A BILL
To require the Secretary of the Treasury to redesign $20 Federal
reserve notes so as to include a likeness of Harriet Tubman, and for
other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Harriet Tubman Tribute Act of
2023''.
SEC. 2. LIKENESS OF HARRIET TUBMAN REQUIRED TO BE INCLUDED ON THE FACE
OF $20 FEDERAL RESERVE NOTES.
The eighth undesignated paragraph of section 16 of the Federal
Reserve Act (12 U.S.C. 418) is amended by adding at the end the
following new sentence: ``The Secretary of the Treasury shall ensure
that the face of all $20 Federal reserve notes printed after December
31, 2030, shall bear the likeness of Harriet Tubman, except that the
Secretary may delay such date by not more than 2 years if the Secretary
submits to the Committee on Banking, Housing, and Urban Affairs of the
Senate and the Committee on Financial Services of the House of
Representatives a determination, after consultation with the Director
of the Bureau of Engraving and Printing, the Board, and the Director of
the United States Secret Service, that issuing such notes after
December 31, 2030, would create an unacceptable risk of counterfeiting
or to the safe, secure, and speedy functioning of the United States
economy.''.
<all>
</pre></body></html>
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118S569
|
9/11 Responder and Survivor Health Funding Correction Act of 2023
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"cosponsor"
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<p><b>9/11 Responder and Survivor Health Funding Correction Act of 2023</b></p> <p>This bill modifies the funding of, expands eligibility for, and makes other changes to the World Trade Center Health Program. This program provides medical monitoring and treatment to responders and survivors who suffer from health conditions related to the terrorist attacks on September 11, 2001.</p> <p>Specifically, the bill provides additional funding for the program through FY2033 to cover program costs. It also sets out a new formula to determine funding amounts for the program from FY2034 through FY2090.</p> <p>Additionally, the bill expands eligibility for the program to include members of the Armed Forces and federal employees and contractors who provided rescue, recovery, demolition, debris clean-up, or related services in response to the attacks at the Pentagon and in Shanksville, PA on September 11, 2001. The bill limits the enrollment of newly eligible individuals in the program to 500 at any given time.</p> <p>Other changes in the bill include (1) allowing certain health care providers other than physicians to determine whether an individual's health condition is related to an attack, and (2) making the program administrator (rather than the centers that collect and analyze health data generated from the program) responsible for establishing criteria for credentialing health care providers that participate in the program.</p>
|
<html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 569 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 569
To amend title XXXIII of the Public Health Service Act with respect to
flexibility and funding for the World Trade Center Health Program.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
February 28, 2023
Mrs. Gillibrand (for herself, Mr. Schumer, Mr. Booker, Mr. Menendez,
and Mr. Blumenthal) introduced the following bill; which was read twice
and referred to the Committee on Health, Education, Labor, and Pensions
_______________________________________________________________________
A BILL
To amend title XXXIII of the Public Health Service Act with respect to
flexibility and funding for the World Trade Center Health 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 ``9/11 Responder and Survivor Health
Funding Correction Act of 2023''.
SEC. 2. DEPARTMENT OF DEFENSE, ARMED FORCES, OR OTHER FEDERAL WORKER
RESPONDERS TO THE SEPTEMBER 11 ATTACKS AT THE PENTAGON
AND SHANKSVILLE, PENNSYLVANIA.
Title XXXIII of the Public Health Service Act (42 U.S.C. 300mm et
seq.) is amended--
(1) in section 3306 (42 U.S.C. 300mm-5)--
(A) by redesignating paragraphs (5) through (11)
and paragraphs (12) through (17) as paragraphs (6)
through (12) and paragraphs (14) through (19),
respectively;
(B) by inserting after paragraph (4) the following:
``(5) The term `Federal agency' means an agency, office, or
other establishment in the executive, legislative, or judicial
branch of the Federal Government.''; and
(C) by inserting after paragraph (12), as so
redesignated, the following:
``(13) The term `uniformed services' has the meaning given
the term in section 101(a) of title 10, United States Code.'';
and
(2) in section 3311(a) (42 U.S.C. 300mm-21(a))--
(A) in paragraph (2)(C)(i)--
(i) in subclause (I), by striking ``; or''
and inserting a semicolon;
(ii) in subclause (II), by striking ``;
and'' and inserting a semicolon; and
(iii) by adding at the end the following:
``(III) was an employee of the Department
of Defense or any other Federal agency, worked
during the period beginning on September 11,
2001, and ending on September 18, 2001, for a
contractor of the Department of Defense or any
other Federal agency, or was a member of a
regular or reserve component of the uniformed
services; and performed rescue, recovery,
demolition, debris cleanup, or other related
services at the Pentagon site of the terrorist-
related aircraft crash of September 11, 2001,
during the period beginning on September 11,
2001, and ending on the date on which the
cleanup of the site was concluded, as
determined by the WTC Program Administrator; or
``(IV) was an employee of the Department of
Defense or any other Federal agency, worked
during the period beginning on September 11,
2001, and ending on September 18, 2001, for a
contractor of the Department of Defense or any
other Federal agency, or was a member of a
regular or reserve component of the uniformed
services; and performed rescue, recovery,
demolition, debris cleanup, or other related
services at the Shanksville, Pennsylvania, site
of the terrorist-related aircraft crash of
September 11, 2001, during the period beginning
on September 11, 2001, and ending on the date
on which the cleanup of the site was concluded,
as determined by the WTC Program Administrator;
and''; and
(B) in paragraph (4)(A)--
(i) by striking ``(A) In general.--The''
and inserting the following:
``(A) Limit.--
``(i) In general.--The'';
(ii) by inserting ``or subclause (III) or
(IV) of paragraph (2)(C)(i)'' after ``or
(2)(A)(ii)''; and
(iii) by adding at the end the following:
``(ii) Certain responders to the september
11 attacks at the pentagon and shanksville,
pennsylvania.--The total number of individuals
who may be enrolled under paragraph (3)(A)(ii)
based on eligibility criteria described in
subclause (III) or (IV) of paragraph (2)(C)(i)
shall not exceed 500 at any time.''.
SEC. 3. FLEXIBILITY FOR CERTIFICATIONS UNDER THE WORLD TRADE CENTER
HEALTH PROGRAM.
(a) In General.--Section 3305(a) of the Public Health Service Act
(42 U.S.C. 300mm-4(a)) is amended--
(1) in paragraph (1)(A), by inserting ``subject to
paragraph (6),'' before ``for''; and
(2) by adding at the end the following:
``(6) Licensed health care provider flexibility.--
``(A) In general.--For purposes of an initial
health evaluation described in paragraph (1)(A)
(including any such evaluation provided under section
3321(b) or through the nationwide network under section
3313), such evaluation may be conducted by a physician
or any other licensed health care provider in a
category of health care providers determined by the WTC
Program Administrator under subparagraph (B).
``(B) Categories of licensed health care
providers.--Not later than 180 days after the date of
enactment of the 9/11 Responder and Survivor Health
Funding Correction Act of 2023, the WTC Program
Administrator shall issue regulations for the
categories of licensed health care providers who, in
addition to licensed physicians, may conduct
evaluations under subparagraph (A) and make
determinations under section 3312(b).''.
(b) Flexibility for WTC Responders.--Section 3312(b) of such Act
(42 U.S.C. 300mm-22(b)) is amended--
(1) in paragraph (1), by striking ``physician'' each place
it appears and inserting ``physician or other licensed health
care provider in a category determined by the WTC Program
Administrator under section 3305(a)(6)(B)'';
(2) in paragraph (2)--
(A) in subparagraph (A)--
(i) in the matter preceding clause (i), by
striking ``physician'' and inserting
``physician or other licensed health care
provider in a category determined by the WTC
Program Administrator under section
3305(a)(6)(B)'';
(ii) in clause (i), by striking
``physician'' and inserting ``physician or
other licensed health care provider''; and
(iii) in clause (ii), by striking ``such
physician's determination'' and inserting ``the
determination of such physician or other
licensed health care provider''; and
(B) in subparagraph (B)--
(i) in the matter preceding clause (i), by
striking ``physician determinations'' and
inserting ``determinations by physicians or
other licensed health care providers in
categories determined by the WTC Program
Administrator under section 3305(a)(6)(B)'';
and
(ii) in clause (i), by striking ``physician
panel'' and inserting ``panel of physicians or
other licensed health care providers in
categories determined by the WTC Program
Administrator under section 3305(a)(6)(B)'';
and
(3) in paragraph (5), by striking ``examining physician''
and inserting ``examining physician or other licensed health
care provider in a category determined by the WTC Program
Administrator under section 3305(a)(6)(B)''.
SEC. 4. CRITERIA FOR CREDENTIALING HEALTH CARE PROVIDERS PARTICIPATING
IN THE NATIONWIDE NETWORK.
Title XXXIII of the Public Health Service Act (42 U.S.C. 300mm et
seq.) is amended--
(1) in section 3305(a)(2) (42 U.S.C. 300mm-4(a)(2))--
(A) in subparagraph (A)--
(i) by striking clause (iv); and
(ii) by redesignating clauses (v) and (vi)
as clauses (iv) and (v), respectively;
(B) by striking subparagraph (B); and
(C) by redesignating subparagraphs (C) and (D) as
subparagraphs (B) and (C), respectively; and
(2) in section 3313(b)(1) (42 U.S.C. 300mm-23(b)(1)), by
striking ``Data Centers'' and inserting ``WTC Program
Administrator''.
SEC. 5. CLARIFYING CALCULATION OF ENROLLMENT.
(a) Responders.--Section 3311(a) of such Act (42 U.S.C. 300mm-
21(a)) is amended by adding at the end the following:
``(6) Deceased wtc responders.--An individual known to the
WTC Program Administrator to be deceased shall not be included
in any count of enrollees under this subsection or section
3351.''.
(b) Survivors.--Section 3321(a) of such Act (42 U.S.C. 300mm-31(a))
is amended by adding at the end the following:
``(5) Deceased wtc survivors.--An individual known to the
WTC Program Administrator to be deceased shall not be included
in any count of certified-eligible survivors under this section
or in any count of enrollees under section 3351.''.
SEC. 6. TIME PERIOD FOR ADDING HEALTH CONDITIONS TO LIST FOR WTC
RESPONDERS.
Section 3312(a)(6) of the Public Health Service Act (42 U.S.C.
300mm-22(a)(6)) is amended--
(1) in subparagraph (B), by striking ``90'' and inserting
``180''; and
(2) in subparagraph (C), in the second sentence, by
striking ``90'' and inserting ``180''.
SEC. 7. FUNDING FOR THE WORLD TRADE CENTER HEALTH PROGRAM.
(a) Federal Funding.--Section 3351 of the Public Health Service Act
(42 U.S.C. 300mm-61) is amended--
(1) in subsection (a)--
(A) in paragraph (2)(A)--
(i) in clause (x), by striking ``and'';
(ii) in clause (xi)--
(I) by striking ``subsequent fiscal
year through fiscal year 2090'' and
inserting ``of fiscal years 2026
through 2033''; and
(II) by striking ``plus'' and
inserting ``and''; and
(iii) by adding at the end the following:
``(xii) for each of fiscal years 2034
through 2090--
``(I) the amount determined under
this subparagraph for the previous
fiscal year (plus the sum of any amount
expended in the previous fiscal year
from the World Trade Center Health
Program Special Fund established under
section 3353 or the World Trade Center
Health Program Fund for Certain WTC
Responders at the Pentagon and
Shanksville, Pennsylvania established
under section 3354 and any amount
expended from the World Trade Center
Health Program Fund established under
this section in the previous fiscal
year that was carried over from any
fiscal year prior to the previous
fiscal year including as carried over
pursuant to a deposit into such Fund
under paragraph (6)) multiplied by
1.05; multiplied by
``(II) the ratio of--
``(aa) the total number of
individuals enrolled in the WTC
Program on July 1 of such
previous fiscal year; to
``(bb) the total number of
individuals so enrolled on July
1 of the fiscal year prior to
such previous fiscal year;
plus''; and
(B) by adding at the end the following:
``(6) Remaining amounts from special fund and pentagon/
shanksville fund.--Any amounts that remain available, on
September 30, 2033, in the World Trade Center Health Program
Special Fund under section 3353 or the World Trade Center
Health Program Fund for Certain WTC Responders at the Pentagon
and Shanksville, Pennsylvania under section 3354 shall be
deposited into the Fund.''; and
(2) in subsection (c)--
(A) in paragraph (4)--
(i) by amending subparagraph (A) to read as
follows:
``(A) for fiscal year 2023, the amount determined
for such fiscal year under this paragraph as in effect
on the day before the date of enactment of the 9/11
Responder and Survivor Health Funding Correction Act of
2023;''; and
(ii) in subparagraph (B), by striking
``2017, $15,000,000'' and inserting ``2024,
$20,000,000''; and
(B) in paragraph (5)--
(i) by amending subparagraph (A) to read as
follows:
``(A) for fiscal year 2023, the amount determined
for such fiscal year under this paragraph as in effect
on the day before the date of enactment of the 9/11
Responder and Survivor Health Funding Correction Act of
2023;'';
(ii) by redesignating subparagraph (B) as
subparagraph (C); and
(iii) by inserting after subparagraph (A)
the following:
``(B) for fiscal year 2024, the greater of--
``(i) the amount determined for such fiscal
year under this paragraph as in effect on the
day before the date of enactment of the 9/11
Responder and Survivor Health Funding
Correction Act of 2023; or
``(ii) $20,000,000; and''.
(b) Additional Funding for the World Trade Center Health Program.--
(1) In general.--Title XXXIII of the Public Health Service
Act (42 U.S.C. 300mm et seq.) is amended by adding at the end
the following:
``SEC. 3353. SPECIAL FUND.
``(a) In General.--There is established a fund to be known as the
World Trade Center Health Program Special Fund (referred to in this
section as the `Special Fund'), consisting of amounts deposited into
the Special Fund under subsection (b).
``(b) Amount.--Out of any money in the Treasury not otherwise
appropriated, there is appropriated for fiscal year 2024 $1,784,358,336
for deposit into the Special Fund, which amounts shall remain available
in such Fund through fiscal year 2033.
``(c) Uses of Funds.--Amounts deposited into the Special Fund under
subsection (b) shall be available, without further appropriation and
without regard to any spending limitation under section 3351(c), to the
WTC Program Administrator as needed at the discretion of such
Administrator, for carrying out any provision in this title (including
sections 3303 and 3341(c)).
``(d) Remaining Amounts.--Any amounts that remain in the Special
Fund on September 30, 2033, shall be deposited into the World Trade
Center Health Program Fund in accordance with section 3351(a)(6) and
remain available in accordance with section 3351(a)(5).
``SEC. 3354. PENTAGON/SHANKSVILLE FUND.
``(a) In General.--There is established a fund to be known as the
World Trade Center Health Program Fund for Certain WTC Responders at
the Pentagon and Shanksville, Pennsylvania (referred to in this section
as the `Pentagon/Shanksville Fund'), consisting of amounts deposited
into the Pentagon/Shanksville Fund under subsection (b).
``(b) Amount.--Out of any money in the Treasury not otherwise
appropriated, there is appropriated for fiscal year 2024 $257,000,000
for deposit into the Pentagon/Shanksville Fund, which amounts shall
remain available in such Fund through fiscal year 2033.
``(c) Uses of Funds.--
``(1) In general.--Amounts deposited into the Pentagon/
Shanksville Fund under subsection (b) shall be available,
without further appropriation and without regard to any
spending limitation under section 3351(c), to the WTC Program
Administrator for the purpose of carrying out section 3312 with
regard to WTC responders enrolled in the WTC Program based on
eligibility criteria described in subclause (III) or (IV) of
section 3311(a)(2)(C)(i).
``(2) Limitation on other funding.--Notwithstanding
sections 3331(a), 3351(b)(1), 3352(c), and 3353(c), and any
other provision in this title, for the period of fiscal years
2024 through 2033, no amounts made available under this title
other than those amounts appropriated under subsection (b) may
be available for the purpose described in paragraph (1).
``(d) Remaining Amounts.--Any amounts that remain in the Pentagon/
Shanksville Fund on September 30, 2033, shall be deposited into the
World Trade Center Health Program Fund in accordance with section
3351(a)(6) and remain available in accordance with section
3351(a)(5).''.
(c) Conforming Amendments.--Title XXXIII of the Public Health
Service Act (42 U.S.C. 300mm et seq.) is amended--
(1) in section 3311(a)(4)(B)(i)(II) (42 U.S.C. 300mm-
21(a)(4)(B)(i)(II)), by striking ``sections 3351 and 3352'' and
inserting ``this title'';
(2) in section 3321(a)(3)(B)(i)(II) (42 U.S.C. 300mm-
31(a)(3)(B)(i)(II)), by striking ``sections 3351 and 3352'' and
inserting ``this title'';
(3) in section 3331 (42 U.S.C. 300mm-41)--
(A) in subsection (a), by striking ``the World
Trade Center Health Program Fund and the World Trade
Center Health Program Supplemental Fund'' and inserting
``(as applicable) the Funds established under sections
3351, 3352, 3353, and 3354''; and
(B) in subsection (d)--
(i) in paragraph (1)(A), by inserting ``or
the World Trade Center Health Program Special
Fund under section 3353'' after ``section
3351'';
(ii) in paragraph (1)(B), by inserting ``or
the World Trade Center Health Program Fund for
Certain WTC Responders at the Pentagon and
Shanksville, Pennsylvania under section 3354''
after ``section 3352''; and
(iii) in paragraph (2), in the flush text
following subparagraph (C), by inserting ``or
the World Trade Center Health Program Fund for
Certain WTC Responders at the Pentagon and
Shanksville, Pennsylvania under section 3354''
after ``section 3352''; and
(4) in section 3351(b) (42 U.S.C. 300mm-61(b))--
(A) in paragraph (1), by striking ``subsection
(a)(2)'' and inserting ``paragraph (2) or (6) of
subsection (a)'';
(B) in paragraph (2), by inserting ``, the World
Trade Center Health Program Special Fund under section
3353, or the World Trade Center Health Program Fund for
Certain WTC Responders at the Pentagon and Shanksville,
Pennsylvania under section 3354'' before the period at
the end; and
(C) in paragraph (3), by inserting ``, the World
Trade Center Health Program Special Fund under section
3353, or the World Trade Center Health Program Fund for
Certain WTC Responders at the Pentagon and Shanksville,
Pennsylvania under section 3354'' before the period at
the end.
<all>
</pre></body></html>
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118S57
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Student Empowerment Act
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] |
<p><b>Student Empowerment Act </b></p> <p>This bill allows tax-exempt distributions from qualified tuition programs (known as 529 plans) to be used for additional educational expenses in connection with enrollment or attendance at an elementary or secondary school. </p> <p>(Under current law, distributions in connection with an elementary or secondary school are limited to tuition for a public, private, or religious school.) The bill allows the distributions to be used for additional educational expenses, including</p> <ul> <li>curriculum and curricular materials, </li> <li>books or other instructional materials, </li> <li>online educational materials, </li> <li>tutoring or educational classes outside the home, </li> <li>testing fees, </li> <li>fees for dual enrollment in an institution of higher education, and </li> <li>educational therapies for students with disabilities.</li> </ul> <p>Distributions may also be used for tuition and the purposes above in connection with a homeschool (whether treated as a homeschool or a private school under state law).</p>
|
<html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 57 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 57
To amend the Internal Revenue Code of 1986 to permit kindergarten
through grade 12 educational expenses to be paid from a 529 account.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
January 24 (legislative day, January 3), 2023
Mr. Cruz (for himself, Mr. Lee, Mr. Scott of Florida, Mr. Johnson, Mr.
Lankford, 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 permit kindergarten
through grade 12 educational expenses to be paid from a 529 account.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Student Empowerment Act''.
SEC. 2. 529 ACCOUNT FUNDING FOR HOMESCHOOL AND ADDITIONAL ELEMENTARY
AND SECONDARY EXPENSES.
(a) In General.--Section 529(c)(7) of the Internal Revenue Code of
1986 is amended to read as follows:
``(7) Treatment of elementary and secondary tuition.--Any
reference in this section to the term `qualified higher
education expense' shall include a reference to the following
expenses in connection with enrollment or attendance at, or for
students enrolled at or attending, an elementary or secondary
public, private, or religious school:
``(A) Tuition.
``(B) Curriculum and curricular materials.
``(C) Books or other instructional materials.
``(D) Online educational materials.
``(E) Tuition for tutoring or educational classes
outside of the home, including at a tutoring facility,
but only if the tutor or instructor is not related to
the student and--
``(i) is licensed as a teacher in any
State,
``(ii) has taught at an eligible
educational institution, or
``(iii) is a subject matter expert in the
relevant subject.
``(F) Fees for a nationally standardized norm-
referenced achievement test, an advanced placement
examination, or any examinations related to college or
university admission.
``(G) Fees for dual enrollment in an institution of
higher education.
``(H) Educational therapies for students with
disabilities provided by a licensed or accredited
practitioner or provider, including occupational,
behavioral, physical, and speech-language therapies.
Such term shall include expenses for the purposes described in
subparagraphs (A) through (H) in connection with a homeschool
(whether treated as a homeschool or a private school for
purposes of applicable State law).''.
(b) Effective Date.--The amendment made by this section shall apply
to distributions made after the date of the enactment of this Act.
<all>
</pre></body></html>
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118S570
|
Medicaid Dental Benefit Act of 2023
|
[
[
"C000141",
"Sen. Cardin, Benjamin L. [D-MD]",
"sponsor"
],
[
"S000770",
"Sen. Stabenow, Debbie [D-MI]",
"cosponsor"
]
] |
<p><b>Medicaid Dental Benefit Act</b> <b>of </b><b>2023</b></p> <p>This bill requires state Medicaid programs to cover dental and oral health services for adults. It also increases the Federal Medical Assistance Percentage (i.e., federal matching rate) for such services.</p> <p>The Centers for Medicare & Medicaid Services must develop oral health quality and equity measures and conduct outreach relating to such coverage. Additionally, the Medicaid and Children's Health Insurance Program (CHIP) Payment and Access Commission must report on specified information relating to adult oral health care.</p>
|
<html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 570 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 570
To amend title XIX of the Social Security Act to improve coverage of
dental and oral health services for adults under Medicaid, and for
other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
February 28, 2023
Mr. Cardin (for himself and Ms. Stabenow) 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 improve coverage of
dental and oral health services for adults under Medicaid, and for
other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Medicaid Dental Benefit Act of
2023''.
SEC. 2. REQUIRING MEDICAID COVERAGE OF DENTAL AND ORAL HEALTH SERVICES
FOR ADULTS.
(a) In General.--
(1) Mandatory coverage.--
(A) In general.--
(i) Requirement.--Section 1902(a)(10)(A) of
the Social Security Act (42 U.S.C.
1396a(a)(10)(A)), as amended by section
11405(a)(1)(A) of Public Law 117-169, is
amended by inserting ``(10),'' before
``(13)(B),''.
(ii) Medically needy.--
(I) In general.--Section
1902(a)(10)(C)(iv) of such Act (42
U.S.C. 1396a(a)(10)(C)(iv)), as amended
by section 11405(a)(1)(B) of Public Law
117-169, is amended by inserting
``(10),'' before ``(13)(B)''.
(II) Rule of construction.--Nothing
in this section or the amendments made
by this section shall be construed to
limit the access of an individual
residing in an institutional setting to
dental and oral health services (as
such term is defined in section
1905(jj) of the Social Security Act, as
added by paragraph (2)(B)).
(iii) Effective date.--The amendments made
by clauses (i) and (ii) shall apply with
respect to expenditures for medical assistance
in calendar quarters beginning on or after
January 1, 2025.
(B) Benchmark coverage.--Section 1937(b)(5) of the
Social Security Act (42 U.S.C. 1396u-7(b)(5)) is
amended by striking the period and inserting ``, and,
beginning January 1, 2025, coverage of dental and oral
health services (as such term is defined in section
1905(jj)).''.
(C) Optional application to territories.--Section
1902(j) of the Social Security Act (42 U.S.C. 1396a(j))
is amended--
(i) by striking ``this title, the
Secretary'' and inserting ``this title--
``(1) in the case of a State other than the 50 States and
the District of Columbia the requirement under subsection
(a)(10)(A) to provide the care and services listed in paragraph
(10) of section 1905(a) shall be optional; and
``(2) the Secretary''; and
(ii) by striking the second comma after
``section 1108(f)''.
(2) Definition of dental and oral health services.--Section
1905 of the Social Security Act (42 U.S.C. 1396d) is amended--
(A) in subsection (a)(10), by inserting ``and
dental and oral health services (as defined in
subsection (jj))'' after ``dental services''; and
(B) by adding at the end the following new
subsection:
``(jj) Dental and Oral Health Services.--For purposes of subsection
(a)(10), the term `dental and oral health services' means dentures and
denture services, implants and implant services, and services necessary
to prevent oral disease and promote oral health, restore oral
structures to health and function, reduce oral pain, and treat
emergency oral conditions, that are furnished by a provider who is
legally authorized to furnish such items and services under State law
(or the State regulatory mechanism provided by State law).''.
(3) Conforming amendment.--
(A) In general.--Section 1905(a)(10) of the Social
Security Act (42 U.S.C. 1396d(a)(10)), as amended by
paragraph (2), is amended by striking ``dental services
and''.
(B) Effective date.--The amendment made by
subparagraph (A) shall take effect on January 1, 2025.
(b) State Option for Additional Dental and Oral Health Benefits.--
Section 1905(a)(13) of the Social Security Act (42 U.S.C. 1396d(a)(13))
is amended by inserting the following new subparagraph after
subparagraph (C):
``(D) at State option, such items and services
related to dental and oral health services (as defined
in subsection (jj)) that are in addition to those
identified in such subsection (jj) as the State may
specify;''.
(c) Increased FMAP.--
(1) Medicaid.--Section 1905 of the Social Security Act (42
U.S.C. 1396d), as amended by subsection (a), is further
amended--
(A) in subsection (b), by striking ``and (ii)'' and
inserting ``(ii), and (kk)'';
(B) in subsection (ff), by striking ``and (ii)''
and inserting ``, (ii), and (kk)''; and
(C) by adding at the end the following new
subsection:
``(kk) Increased FMAP for Expenditures Related to Dental and Oral
Health Services.--
``(1) In general.--
``(A) 50 states and dc.--Notwithstanding subsection
(b), in the case of a State that is 1 of the 50 States
or the District of Columbia, during the 12-quarter
period that begins on January 1, 2025, the Federal
medical assistance percentage shall be equal to 100
percent with respect to amounts expended by the State
for medical assistance for dental and oral health
services authorized under paragraph (10) of subsection
(a). In no case may the application of this
subparagraph result in the Federal medical assistance
percentage determined for a State with respect to
expenditures described in this subparagraph exceeding
100 percent.
``(B) Territories.--
``(i) In general.--Notwithstanding
subsection (b), in the case of a State that is
Puerto Rico, the Virgin Islands, Guam, the
Northern Mariana Islands, or American Samoa,
during a period described in clause (ii), the
Federal medical assistance percentage shall be
equal to 100 percent with respect to amounts
expended by the State for medical assistance
for any item or service that is included in
dental and oral health services authorized
under paragraph (10) of subsection (a). In no
case may the application of this clause result
in the Federal medical assistance percentage
determined for a State with respect to
expenditures described in this clause exceeding
100 percent.
``(ii) Period described.--A period
described in this clause is, with respect to an
item or service described in clause (i) and a
State described in such clause, the 12-quarter
period that begins with the first quarter
beginning on or after January 1, 2025, in which
such item or service is first covered under the
State plan or under a waiver of such plan.
``(2) Exclusions.--The Federal medical assistance
percentage specified in paragraph (1) shall not apply to
amounts expended for medical assistance during any period for--
``(A) additional items and services authorized
under paragraph (13)(D) of subsection (a); or
``(B) items and services furnished to an individual
if, as of the date of enactment of this subsection,
medical assistance was available to such individual for
such items and services or medicare cost-sharing under
the State plan or a waiver of such plan.''.
(2) Exclusion of amounts attributable to increased fmap
from territorial caps.--Section 1108 of the Social Security Act
(42 U.S.C. 1308) is amended--
(A) in subsection (f), in the matter preceding
paragraph (1), by striking ``subsections (g) and (h)''
and inserting ``subsections (g), (h), and (j)''; and
(B) by adding at the end the following:
``(j) Exclusion From Caps of Amounts Attributable to Increased FMAP
for Coverage of Dental and Oral Health Services.--Any additional amount
paid to Puerto Rico, the Virgin Islands, Guam, the Northern Mariana
Islands, and American Samoa for expenditures for medical assistance
that is attributable to an increase in the Federal medical assistance
percentage applicable to such expenditures under section 1905(kk) shall
not be taken into account for purposes of applying payment limits under
subsections (f) and (g).''.
SEC. 3. ADULT ORAL HEALTH QUALITY AND EQUITY MEASURES.
(a) In General.--Title XI of the Social Security Act (42 U.S.C.
1301 et seq.) is amended by inserting after section 1139B the following
new section:
``SEC. 1139C. ADULT ORAL HEALTH QUALITY AND EQUITY MEASURES.
``(a) Development of Core Set of Adult Oral Health Care Quality and
Equity Measures.--
``(1) In general.--The Secretary shall identify and publish
a recommended core set of health quality and equity measures
for individuals enrolled in a State plan (or waiver of such
plan) under title XIX who are over the age of 21 in the same
manner as the Secretary identifies and publishes a core set of
child health quality measures under section 1139A, including
with respect to identifying and publishing existing oral health
quality measures for such individuals that are in use under
public and privately sponsored health care coverage
arrangements, or that are part of reporting systems that
measure both the presence and duration of health insurance
coverage over time, that may be applicable to enrolled adults.
``(2) Alignment with existing core set.--In identifying and
publishing the recommended core set of adult oral health
quality and equity measures required under paragraph (1), the
Secretary shall ensure that, to the extent possible, such
measures align with and do not duplicate the core set of adult
health quality and equity measures identified, published, and
revised under section 1139B.
``(3) Process for adult oral health quality and equity
measures program.--In identifying gaps in existing adult oral
health quality and equity measures and establishing priorities
for the development and advancement of such measures, the
Secretary shall consult with--
``(A) States;
``(B) health care providers;
``(C) patient representatives;
``(D) dental professionals; and
``(E) national organizations with expertise in oral
health quality or equity measurement.
``(b) Deadlines.--
``(1) Recommended measures.--Not later than 1 year after
enactment of this Act, the Secretary shall identify and publish
for comment a recommended core set of adult oral health quality
and equity measures that includes the following:
``(A) Measures of utilization of oral health and
dental services across health care settings.
``(B) Measures that address the availability of
oral evaluations during or following medical visits for
enrolled adults.
``(C) Measures that address the incidence of
emergency department visits for non-traumatic dental
conditions.
``(D) Measures that address the availability and
receipt of follow-up dental care after emergency
department visits for non-traumatic dental conditions
during pregnancy.
``(E) Measures that address the availability of
counseling of enrolled adults aimed at improving oral
health outcomes.
``(F) Measures that address the availability and
receipt of care for beneficiaries who meet the medical
necessity criteria for general anesthesia and
intravenous sedation.
``(G) Measures that address screening and
evaluation for caries risk and periodontitis and
treatment for caries risk and periodontitis, including
the following:
``(i) The percentage of enrolled adults who
have caries risk documented in the reporting
year involved.
``(ii) The percentage of enrolled adults
who received a topical fluoride application or
sealants based on an oral health risk
assessment demonstrating the need for such
application or sealants during the reporting
year involved.
``(iii) The percentage of enrolled adults
who received a comprehensive or periodic oral
evaluation or a comprehensive periodontal
evaluation during the reporting year involved.
``(iv) The percentage of enrolled adults
with a history of periodontitis who received an
oral prophylaxis, scaling or root planing, or
periodontal maintenance visit at least 2 times
during the reporting year involved.
``(v) The percentage of enrolled adults
with diabetes who receive a comprehensive or
periodic evaluation or a comprehensive
periodontal evaluation during the reporting
year involved.
``(vi) The percentage of enrolled adults
who require tooth extraction during the
reporting year involved.
``(vii) The percentage of enrolled adults
who require partial or full dentures during the
reporting year involved.
``(2) Dissemination.--Not later than 1 year after enactment
of this Act, the Secretary shall publish an initial core set of
oral health quality and equity measures that are applicable to
enrolled adults.
``(3) Standardized reporting.--Not later than 2 years after
the date of the enactment of this Act, the Secretary, in
consultation with States, shall develop a standardized format
for the collection and reporting of information based on the
initial core set of adult oral health quality and equity
measures (stratified by race, ethnicity, primary language,
disability status, sexual orientation and gender identity) and
create guidelines, procedures, and incentives to States to use
such measures and to collect and report information regarding
the quality and equity of oral health care for enrolled adults.
``(4) Reports to congress.--Not later than 3 years after
enactment of this act, and every 3 years thereafter, the
Secretary shall include in the report to Congress required
under section 1139A(a)(6) information similar to the
information required under that section with respect to the
measures established under this section.
``(c) Annual State Reports Regarding State-Specific Oral Health
Quality and Equity Measures Applied Under Medicaid.--
``(1) In general.--Each State with a plan approved under
title XIX (or with a waiver of such plan in effect) shall
annually report (separately or as part of the annual report
required under section 1139A(c)) to the Secretary on--
``(A) the State-specific adult oral health quality
and equity measures applied by the State under such a
plan or waiver, including measures described in
subsection (b)(1);
``(B) the State-specific information on the quality
and equity of oral health care furnished to enrolled
adults under such a plan or waiver, including
information collected through external quality reviews
of managed care organizations under section 1932 and
benchmark plans under section 1937, disaggregated by
race, ethnicity, primary language, disability status,
sexual orientation, and gender identity;
``(C) the State-specific information regarding the
dental benefits available to enrolled adults under such
a plan or waiver, including any limits on such benefits
and the amount of reimbursement provided under such
plan or waiver for such benefits; and
``(D) the State-specific plan to identify,
evaluate, and reduce in meaningful and measurable ways,
to the extent practicable, health disparities based on
age, sex, race, ethnicity, primary language, sexual
orientation and gender identity, and disability status.
``(2) Publication.--Not later than 2 years after the date
of enactment of this Act, and annually thereafter, the
Secretary shall collect, analyze, and make publicly available
the information reported by States under paragraph (1).
``(d) Authorization of Appropriations.--There are authorized to be
appropriated $10,000,000 to carry out this section. Funds appropriated
under this subsection shall remain available until expended.''.
(b) Required Reporting.--
(1) Medicaid.--Section 1902(a) of the Social Security Act
(42 U.S.C. 1396a(a)) is amended--
(A) in paragraph (86), by striking ``and'' at the
end;
(B) in paragraph (87)(D), by striking the period
and inserting ``; and''; and
(C) by inserting after paragraph (87) the following
new paragraph:
``(88) provide for the reporting required under section
1139C(c).''.
(2) CHIP.--Section 2102 of the Social Security Act (42
U.S.C. 1397bb) is amended by adding at the end the following
new subsection:
``(d) Reporting Requirements.--A State child health plan shall
provide for the reporting required under section 1139C(c).''.
SEC. 4. ADULT ORAL HEALTH CARE REPORT.
Not later than 2 years after the date of enactment of this Act, the
Medicaid and CHIP Payment and Access Commission shall submit to
Congress a report on issues related to adult oral health across the 50
States, tribes, and the territories, including--
(1) the availability of adult oral health coverage, and
enrollment in such coverage;
(2) a survey of adult oral health status among low-income
women of childbearing age;
(3) barriers to accessing adult oral health care, including
for racially diverse, ethnically diverse, and limited English
proficient communities;
(4) innovations and potential solutions to problems of
access (including disparities in access) to adult oral health
care, including innovations that would expand access to such
care beyond dental offices; and
(5) the impact of the amendments made by section 2 and
recommendations for improving reimbursement rates for such
provider of dental and oral health services under the Medicaid
program.
SEC. 5. ORAL HEALTH OUTREACH AND EDUCATION.
Not later than 1 year after the date of enactment of this Act, the
Secretary shall develop a program, to be implemented through contracts
with entities that fund or provide oral health care, to provide--
(1) culturally competent and linguistically appropriate
information on the availability and scope of oral health and
dental coverage for adults who are eligible for or enrolled
under a State plan (or waiver of such plan) under title XIX of
the Social Security Act (42 U.S.C. 1396 et seq.);
(2) assistance in connecting adults and underserved
populations enrolled in such a plan (or waiver) to oral health
care;
(3) education to dental, oral health, and medical
professionals to strengthen core competencies in delivering
culturally competent oral health care to adults enrolled in
such a plan (or waiver), including: individuals with physical
and intellectual disabilities, pregnant and postpartum
individuals, Alaskan Native and American Indian populations,
and people living in urban, rural and, other underserved
communities; and
(4) culturally competent and linguistically appropriate
interactive oral health education aimed at promoting good oral
health practices for adults, including racially and ethnically
diverse Medicaid beneficiaries.
<all>
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118S571
|
A bill to require reports on the dangers posed by nuclear reactors in areas that might experience armed conflict.
|
[
[
"M000133",
"Sen. Markey, Edward J. [D-MA]",
"sponsor"
]
] |
<html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 571 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 571
To require reports on the dangers posed by nuclear reactors in areas
that might experience armed conflict.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
February 28, 2023
Mr. Markey introduced the following bill; which was read twice and
referred to the Committee on Armed Services
_______________________________________________________________________
A BILL
To require reports on the dangers posed by nuclear reactors in areas
that might experience armed conflict.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. REPORT ON DANGERS POSED BY NUCLEAR REACTORS IN AREAS THAT
MIGHT EXPERIENCE ARMED CONFLICT.
(a) In General.--Not later than 120 days after the date of the
enactment of this Act, the Secretary of Defense and the Administrator
for Nuclear Security shall jointly submit to the appropriate committees
of Congress a report assessing the following:
(1) The dangers posed to the national security of the
United States, to the interests of allies and partners of the
United States, and to the safety and security of civilian
populations, by nuclear reactors and nuclear power plants in
existence as of such date of enactment or scheduled to be
completed during the 10-year period beginning on such date of
enactment and located in the following areas:
(A) Regions that have experienced armed conflict in
the 25 years preceding such date of enactment.
(B) Areas that are contested or likely to
experience armed conflict during the life span of those
reactors and plants.
(C) Areas that would be involved in any of the
following hypothetical conflicts:
(i) An attack by the Russian Federation on
the eastern European countries of Estonia,
Latvia, Belarus, Lithuania, or Poland.
(ii) A conflict between India and Pakistan.
(iii) A conflict over Taiwan.
(iv) An attack by North Korea on South
Korea.
(2) Steps the United States or allies and partners of the
United States can take to prevent, prepare for, and mitigate
the risks to the national security of the United States, to the
interests of allies and partners of the United States, and to
the safety and security of civilian populations, posed by
nuclear reactors and power plants in places that may experience
armed conflict.
(b) Form of Report.--The report required by subsection (a) shall be
submitted in unclassified form but may include a classified annex.
(c) Appropriate Committees of Congress Defined.--In this section,
the term ``appropriate committees of Congress'' means--
(1) the Committee on Armed Services, the Committee on
Foreign Relations, and the Committee on Environment and Public
Works of the Senate; and
(2) the Committee on Armed Services, the Committee on
Foreign Affairs, and the Committee on Energy and Commerce of
the House of Representatives.
<all>
</pre></body></html>
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|
118S572
|
Ensuring Access to VA INFO Act of 2023
|
[
[
"T000476",
"Sen. Tillis, Thomas [R-NC]",
"sponsor"
],
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"cosponsor"
],
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"cosponsor"
],
[
"C001096",
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"cosponsor"
],
[
"T000278",
"Sen. Tuberville, Tommy [R-AL]",
"cosponsor"
]
] |
<html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 572 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 572
To require the Secretary of Veterans Affairs to provide answers to
questions submitted for the record to the Secretary by members of the
Committee on Veterans' Affairs of the Senate and the Committee on
Veterans' Affairs of the House of Representatives within 45 business
days, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
February 28, 2023
Mr. Tillis (for himself, Mr. Moran, Mr. Boozman, Mr. Cassidy, Mr.
Rounds, Mr. Sullivan, Mrs. Blackburn, Mr. Cramer, and Mr. Tuberville)
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 provide answers to
questions submitted for the record to the Secretary by members of the
Committee on Veterans' Affairs of the Senate and the Committee on
Veterans' Affairs of the House of Representatives within 45 business
days, and for other purposes.
Be it enacted by the Senate 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 Access to Department of
Veterans Affairs Information Necessary for Oversight Act of 2023'' or
the ``Ensuring Access to VA INFO Act of 2023''.
SEC. 2. PERIOD FOR SECRETARY OF VETERANS AFFAIRS TO RESPOND TO
QUESTIONS SUBMITTED BY MEMBERS OF CERTAIN CONGRESSIONAL
COMMITTEES.
(a) Requirement.--To the maximum extent practicable, the Secretary
of Veterans Affairs shall provide an answer to a question submitted for
the record to the Secretary by a member of the Committee on Veterans'
Affairs of the Senate or the Committee on Veterans' Affairs of the
House of Representatives on or before the date that is 45 business days
after the date on which the Secretary receives the question.
(b) Delayed Responses.--
(1) Notice required.--If the Secretary anticipates being
unable to provide an answer to a question described in
subsection (a) that was submitted to the Secretary by a member
described in such subsection by the date specified in such
subsection, the Secretary shall, before such date, submit to
the member notice that the Secretary anticipates being unable
to provide the answer by such date.
(2) Contents.--Notice submitted under paragraph (1) shall
include the following:
(A) A justification for the inability of the
Secretary to meet the deadline set forth in subsection
(a).
(B) An estimate of when an answer will be provided
by the Secretary to the question submitted.
(C) A description of the steps the Secretary needs
to take in order to provide the answer to the question
submitted.
(c) Assistance From Other Agencies.--In any case in which the
Secretary determines that the Secretary requires the assistance of the
head of another Federal agency in order to provide an answer to a
question described in subsection (a) by the date specified in such
subsection and the Secretary requests such assistance from such head of
another Federal agency, such head of another Federal agency shall
provide the assistance requested in a timely manner.
<all>
</pre></body></html>
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|
118S573
|
Confederate Monument Removal Act
|
[
[
"B001288",
"Sen. Booker, Cory A. [D-NJ]",
"sponsor"
],
[
"K000367",
"Sen. Klobuchar, Amy [D-MN]",
"cosponsor"
],
[
"V000128",
"Sen. Van Hollen, Chris [D-MD]",
"cosponsor"
],
[
"W000800",
"Sen. Welch, Peter [D-VT]",
"cosponsor"
],
[
"M000133",
"Sen. Markey, Edward J. [D-MA]",
"cosponsor"
]
] |
<p><b>Confederate Monument Removal Act</b></p> <p>This bill prohibits a state from providing for display in National Statuary Hall of the U.S. Capitol a statue of a person who voluntarily served with the Confederate States of America. The bill also provides funding for removing any statue currently on display that depicts such a person and outlines procedures for returning and replacing such statutes.</p>
|
<html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 573 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 573
To remove all statues of individuals who voluntarily served the
Confederate States of America from display in the United States
Capitol.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
February 28, 2023
Mr. Booker (for himself, Ms. Klobuchar, Mr. Van Hollen, and Mr. Welch)
introduced the following bill; which was read twice and referred to the
Committee on Rules and Administration
_______________________________________________________________________
A BILL
To remove all statues of individuals who voluntarily served the
Confederate States of America from display in the United States
Capitol.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Confederate Monument Removal Act''.
SEC. 2. REQUIREMENTS AND REMOVAL PROCEDURES.
(a) Requirements.--Section 1814 of the Revised Statutes (2 U.S.C.
2131) is amended by inserting ``(other than persons who served
voluntarily with the Confederate States of America)'' after ``military
services''.
(b) Statue Removal Procedures.--
(1) In general.--The Architect of the Capitol shall--
(A) identify all statues on display in the United
States Capitol that do not meet the requirements of
section 1814 of the Revised Statutes (2 U.S.C. 2131),
as amended by subsection (a); and
(B) subject to the approval of the Joint Committee
on the Library of Congress, arrange for the removal of
each such statue from the United States Capitol by not
later than 120 days after the date of enactment of this
Act.
(2) Removal and return of statues.--
(A) Returning statues to states.--In the case of a
statue that is removed under this subsection which was
provided for display by a State, the Architect of the
Capitol shall arrange to transfer and deliver the
statue, and transfer ownership of the statue, to the
State if the State so requests and agrees to pay any
costs related to the transportation of the statue to
the State.
(B) Other situations.--Any statue removed under
this subsection that is not transferred and delivered
to a State in accordance with subparagraph (A) shall
remain in the custody of the Architect of the Capitol.
The Architect of the Capitol shall store the removed
statue in a nonpublic location.
(3) Replacement of statues.--A State that has a statue
removed under this subsection shall be able to replace such
statue in accordance with the requirements and procedures of
section 1814 of the Revised Statutes (2 U.S.C. 2131) and
section 311 of the Legislative Branch Appropriations Act, 2001
(2 U.S.C. 2132).
(4) Authorization and appropriations.--
(A) In general.--There are appropriated for the
fiscal year ending September 30, 2023, out of any money
in the Treasury not otherwise appropriated, $2,000,000
to the Architect of the Capitol to carry out this
section, including the costs related to the removal,
transfer, security, and storage of the statues
described in paragraph (1)(A).
(B) Availability.--Amounts appropriated under
subparagraph (A) shall remain available until expended.
<all>
</pre></body></html>
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118S574
|
Increasing Prescription Drug Competition Act
|
[
[
"H001076",
"Sen. Hassan, Margaret Wood [D-NH]",
"sponsor"
],
[
"B001310",
"Sen. Braun, Mike [R-IN]",
"cosponsor"
]
] |
<html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 574 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 574
To amend the Federal Food, Drug, and Cosmetic Act to prevent the use of
patents, trade secrets, or other intellectual property to inhibit
competition.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
March 1, 2023
Ms. Hassan (for herself 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 amend the Federal Food, Drug, and Cosmetic Act to prevent the use of
patents, trade secrets, or other intellectual property to inhibit
competition.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Increasing Prescription Drug
Competition Act''.
SEC. 2. PREVENTING THE USE OF PATENTS, TRADE SECRETS, OR OTHER
INTELLECTUAL PROPERTY ON RISK EVALUATION AND MITIGATION
STRATEGIES TO INHIBIT COMPETITION.
Section 505-1 of the Federal Food, Drug, and Cosmetic Act (21
U.S.C. 355-1) is amended by adding at the end the following:
``(n) Additional Requirements.--
``(1) Patents claiming rems.--If an application under
subsection (b)(2) or (j) of section 505 includes a
certification under subsection (b)(2)(A) or (j)(2)(A)(vii) of
section 505 with respect to a patent that claims an aspect of
the elements to assure safe use of a risk evaluation and
mitigation strategy requirements under subsection (f) for the
applicable listed drug, such certification shall have no effect
on the effective date of the approval of the application,
notwithstanding subparagraphs (B) and (C) of section 505(c)(3)
and clauses (ii) and (iii) of section 505(j)(5)(B). This
paragraph shall apply to all applications submitted to the
Secretary under subsection (b)(2) or (j) of section 505 before,
on, or after the date of enactment of the Increasing
Prescription Drug Competition Act.
``(2) Damages.--In the event that the sponsor of another
application under section 505 of this Act or section 351 of the
Public Health Service Act infringes a patent, trade secret, or
any other intellectual property held by the sponsor or holder
to comply with risk evaluation and mitigation strategy
requirements under this section, the sponsor or holder of the
approved application shall not seek, or claim entitlement to,
any remedy other than damages arising from the infringement.
``(3) Clarifications.--Nothing in this section shall be
construed as--
``(A) prohibiting the sponsor or holder of an
approved application from allowing the sponsor of
another application under section 505 of this Act or
section 351 of the Public Health Service Act to use the
patent, trade secret, or any other intellectual
property other than as described in this subsection;
``(B) preventing a sponsor of an application under
section 505 of this Act or section 351 of the Public
Health Service Act from using a different, comparable
aspect of the elements to assure safe use as authorized
under this section;
``(C) in any way negating the applicability of a
risk evaluation and mitigation strategy with elements
to assure safe use, as otherwise required under this
section; or
``(D) limiting the application of any provision of
the antitrust laws (as defined in subsection (a) of the
first section of the Clayton Act (15 U.S.C. 12(a)).''.
<all>
</pre></body></html>
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[
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|
118S575
|
Fight Inflation Through Balanced Budgets Act
|
[
[
"B001310",
"Sen. Braun, Mike [R-IN]",
"sponsor"
],
[
"C001098",
"Sen. Cruz, Ted [R-TX]",
"cosponsor"
],
[
"B001243",
"Sen. Blackburn, Marsha [R-TN]",
"cosponsor"
],
[
"S001217",
"Sen. Scott, Rick [R-FL]",
"cosponsor"
]
] |
<html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 575 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 575
To require balanced budgets in concurrent resolutions on the budget, to
establish limits on the waiver of budget points of order, and to
prevent appropriations in excess of the amount authorized to be
appropriated.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
March 1, 2023
Mr. Braun (for himself, Mr. Cruz, Mrs. Blackburn, and Mr. Scott of
Florida) introduced the following bill; which was read twice and
referred to the Committee on the Budget
_______________________________________________________________________
A BILL
To require balanced budgets in concurrent resolutions on the budget, to
establish limits on the waiver of budget points of order, and to
prevent appropriations in excess of the amount authorized to be
appropriated.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Fight Inflation Through Balanced
Budgets Act''.
SEC. 2. POINT OF ORDER AGAINST BUDGET RESOLUTIONS THAT DO NOT INCLUDE A
BALANCED BUDGET.
(a) Point of Order.--It shall not be in order in the Senate to
consider a concurrent resolution on the budget that does not reduce the
deficit to zero on or before the end of the 9th fiscal year after the
budget year.
(b) Waiver and Appeal.--Subsection (a) may be waived or suspended
in the Senate only by an affirmative vote of two-thirds of the Members,
duly chosen and sworn. An affirmative vote of two-thirds of the Members
of the Senate, duly chosen and sworn, shall be required to sustain an
appeal of the ruling of the Chair on a point of order raised under
subsection (a).
SEC. 3. LIMITS ON WAIVER OF BUDGET POINTS OF ORDER.
(a) Definition.--In this section, the term ``budget point of
order'' means a point of order under the Congressional Budget and
Impoundment Control Act of 1974 (2 U.S.C. 621 et seq.), the Balanced
Budget and Emergency Deficit Control Act of 1985 (2 U.S.C. 900 et
seq.), the Statutory Pay-As-You-Go Act of 2010 (2 U.S.C. 931 et seq.),
a concurrent resolution on the budget, or this Act.
(b) Prohibition on Waiving Multiple Points of Order.--In the
Senate, it shall not be in order to move to waive more than 1 budget
point of order with respect to a bill, joint resolution, motion,
amendment, amendment between the Houses, or conference report as part
of a single motion, including a motion to waive all applicable budget
points of order.
(c) Prohibition on Preemptive Waivers.--In the Senate, it shall not
be in order to move to waive or suspend a budget point of order with
respect to a bill, joint resolution, motion, amendment, amendment
between the Houses, or conference report unless the budget point of
order has been specifically raised by a Senator.
(d) No Waiver.--It shall not be in order to move to waive or
suspend this section.
SEC. 4. POINT OF ORDER AGAINST APPROPRIATIONS IN EXCESS OF THE AMOUNT
AUTHORIZED TO BE APPROPRIATED.
(a) Point of Order.--
(1) In general.--In the Senate, it shall not be in order to
consider a provision in a bill, joint resolution, motion,
amendment, amendment between the Houses, or conference report
that would cause the total amount of funds appropriated for a
program, project, or activity to exceed the amount authorized
to be appropriated in statute for the program, project, or
activity for the fiscal year. For purposes of this paragraph,
if there is not an authorization of appropriations in statute
for a program, project, or activity for a fiscal year, the
amount authorized to be appropriated shall be $0.
(2) Point of order sustained.--If a point of order is made
by a Senator against a provision described in paragraph (1),
and the point of order is sustained by the Chair, that
provision shall be stricken from the measure and may not be
offered as an amendment from the floor.
(b) Form of the Point of Order.--A point of order under subsection
(a)(1) may be raised by a Senator as provided in section 313(e) of the
Congressional Budget Act of 1974 (2 U.S.C. 644(e)).
(c) Conference Reports.--When the Senate is considering a
conference report on, or an amendment between the Houses in relation
to, a bill or joint resolution, upon a point of order being made by any
Senator pursuant to subsection (a)(1), and such point of order being
sustained, such material contained in such conference report or House
amendment shall be stricken, and the Senate shall proceed to consider
the question of whether the Senate shall recede from its amendment and
concur with a further amendment, or concur in the House amendment with
a further amendment, as the case may be, which further amendment shall
consist of only that portion of the conference report or House
amendment, as the case may be, not so stricken. Any such motion in the
Senate shall be debatable. In any case in which such point of order is
sustained against a conference report (or Senate amendment derived from
such conference report by operation of this subsection), no further
amendment shall be in order.
(d) Supermajority Waiver and Appeal.--In the Senate, this section
may be waived or suspended only by an affirmative vote of three-fifths
of the Members, duly chose and sworn. An affirmative vote of three-
fifths of Members of the Senate, duly chosen and sworn shall be
required to sustain an appeal of the ruling of the Chair on a point of
order raised under this section.
<all>
</pre></body></html>
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|
118S576
|
Railway Safety Act of 2023
|
[
[
"B000944",
"Sen. Brown, Sherrod [D-OH]",
"sponsor"
],
[
"V000137",
"Sen. Vance, J. D. [R-OH]",
"cosponsor"
],
[
"C001070",
"Sen. Casey, Robert P., Jr. [D-PA]",
"cosponsor"
],
[
"R000595",
"Sen. Rubio, Marco [R-FL]",
"cosponsor"
],
[
"F000479",
"Sen. Fetterman, John [D-PA]",
"cosponsor"
],
[
"H001089",
"Sen. Hawley, Josh [R-MO]",
"cosponsor"
],
[
"S001203",
"Sen. Smith, Tina [D-MN]",
"cosponsor"
],
[
"K000367",
"Sen. Klobuchar, Amy [D-MN]",
"cosponsor"
],
[
"B001310",
"Sen. Braun, Mike [R-IN]",
"cosponsor"
],
[
"R000615",
"Sen. Romney, Mitt [R-UT]",
"cosponsor"
],
[
"M001198",
"Sen. Marshall, Roger [R-KS]",
"cosponsor"
],
[
"B001230",
"Sen. Baldwin, Tammy [D-WI]",
"cosponsor"
]
] |
<p><b>Railway Safety Act of 2023</b></p> <p>This bill addresses safety requirements for rail carriers and trains transporting hazardous materials.</p> <p>Specifically, the Department of Transportation (DOT) must issue safety regulations for trains carrying hazardous materials to require that rail carriers or shippers (1) provide state emergency response commissioners with advanced notice and information about the hazardous materials; (2) reduce blocked rail crossings; and (3) comply with certain requirements regarding train length and weight specifications, track standards, speed restrictions, and response plans. </p> <p>DOT must also establish requirements for wayside defect detectors. These are used by railway systems alongside the tracks to detect defects and failures (e.g., wheel bearing failures). Current federal regulations do not require their use, but federal guidance does address their placement and use. Under the bill, DOT must issue regulations establishing requirements for the installation, repair, testing, maintenance, and operation of wayside defect detectors for each rail carrier operating a train carrying hazardous materials.</p> <p>The bill also</p> <ul> <li> increases the maximum fines DOT may impose on rail carriers for violating safety regulations,</li> <li> requires DOT to update rail car inspection regulations and audit the federal inspection program,</li> <li>requires a minimum two-person crew for certain freight trains,</li> <li>phases out certain railroad tank cars by May 1, 2025 (four years sooner than required under current law), <br /></li> <li>expands training for local first responders, <br /></li> <li>imposes a new fee on certain rail carriers, and</li> <li>provides funding for research and development to improve railway safety. </li> </ul>
|
<html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 576 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 576
To enhance safety requirements for trains transporting hazardous
materials, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
March 1, 2023
Mr. Brown (for himself, Mr. Vance, Mr. Casey, Mr. Rubio, Mr. Fetterman,
and Mr. Hawley) introduced the following bill; which was read twice and
referred to the Committee on Commerce, Science, and Transportation
_______________________________________________________________________
A BILL
To enhance safety requirements for trains transporting hazardous
materials, and for other 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 ``Railway Safety Act
of 2023''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Defined term.
Sec. 3. Safety requirements for trains transporting hazardous
materials.
Sec. 4. Rail car inspections.
Sec. 5. Defect detectors.
Sec. 6. Safe Freight Act of 2023.
Sec. 7. Increasing maximum civil penalties for violations of rail
safety regulations.
Sec. 8. Safer tank cars.
Sec. 9. Hazardous materials training for first responders.
Sec. 10. Rail safety infrastructure research and development grants.
Sec. 11. Appropriations for tank car research and development.
SEC. 2. DEFINED TERM.
In this Act, the term ``Secretary'' means the Secretary of
Transportation.
SEC. 3. SAFETY REQUIREMENTS FOR TRAINS TRANSPORTING HAZARDOUS
MATERIALS.
(a) Rulemaking.--Not later than 1 year after the date of the
enactment of this Act, the Secretary shall issue regulations, or modify
existing regulations, establishing safety requirements, in accordance
with subsection (b), with which a shipper or rail carrier operating a
train transporting hazardous materials that is not subject to the
requirements for a high-hazard flammable train under section 174.310 of
title 49, Code of Federal Regulations, shall comply with respect to the
operation of each such train and the maintenance of specification tank
cars.
(b) Requirements.--The regulations issued pursuant to subsection
(a) shall require shippers and rail carriers--
(1) to provide advance notification and information
regarding the transportation of hazardous materials described
in subsection (a) to each State emergency response
commissioner, the tribal emergency response commission, or any
other State or tribal agency responsible for receiving the
information notification for emergency response planning
information;
(2) to include, in the notification provided pursuant to
paragraph (1), a written gas discharge plan with respect to the
applicable hazardous materials being transported; and
(3) to reduce or eliminate blocked crossings resulting from
delays in train movements.
(c) Additional Requirements.--In developing the regulations
required under subsection (a), the Secretary shall include requirements
regarding--
(1) train length and weight;
(2) train consist;
(3) route analysis and selection;
(4) speed restrictions;
(5) track standards;
(6) track, bridge, and rail car maintenance;
(7) signaling and train control;
(8) response plans; and
(9) any other requirements that the Secretary determines
are necessary.
(d) High-Hazard Flammable Trains.--The Secretary may modify the
safety requirements for trains subject to section 174.310 of title 49,
Code of Federal Regulations, to satisfy, in whole or in part, the
rulemaking required under subsection (a).
SEC. 4. RAIL CAR INSPECTIONS.
(a) Rulemaking.--
(1) Inspection requirements.--Not later than 1 year after
date of the enactment of this Act, the Secretary shall review
and update, as necessary, applicable regulations under chapters
I and II of subtitle B of title 49, Code of Federal
Regulations--
(A) to create minimum time requirements that a
qualified mechanical inspector must spend when
inspecting a rail car or locomotive; and
(B) to ensure that all rail cars and locomotives in
train consists that carry hazardous materials are
inspected by a qualified mechanical inspector at
intervals determined by the Secretary.
(2) Abbreviated pre-departure inspection.--The Secretary
shall immediately amend section 215.13(c) of title 49, Code of
Federal Regulations (permitting an abbreviated pre-departure
inspection procedure) with respect to rail cars in train
consists carrying hazardous materials.
(b) Audits.--
(1) In general.--Not later than 60 days after the date of
the enactment of this Act, the Secretary shall initiate audits
of Federal rail car inspection programs, subject to the
requirements under part 215 of title 49, Code of Federal
Regulations, which--
(A) consider whether such programs are in
compliance with such part 215;
(B) assess the type and content of training and
performance metrics that such programs provide rail car
inspectors;
(C) determine whether such programs provide
inspectors with adequate time to inspect rail cars;
(D) determine whether such programs reflect the
current operating practices of the railroad carrier;
and
(E) ensure that inspection programs are not overly
reliant on train crews.
(2) Audit scheduling.--The Secretary shall--
(A) schedule the audits required under paragraph
(1) to ensure that--
(i) each Class I railroad is audited not
less frequently than once every 5 years; and
(ii) a select number, as determined by the
Secretary, of Class II and Class III railroads
are audited annually; and
(B) conduct the audits described in subparagraph
(A)(ii) in accordance with--
(i) the Small Business Regulatory
Enforcement Fairness Act of 1996 (5 U.S.C. 601
note); and
(ii) appendix C of part 209 of title 49,
Code of Federal Regulations.
(3) Updates to inspection program.--If, during an audit
required under this subsection, the auditor identifies a
deficiency in a railroad's inspection program, the railroad
shall update the program to eliminate such deficiency.
(4) Consultation and cooperation.--
(A) Consultation.--In conducting any audit required
under this subsection, the Secretary shall consult with
the railroad being audited and its employees, including
any nonprofit employee labor organization representing
the mechanical employees of the railroad.
(B) Cooperation.--The railroad being audited and
its employees, including any nonprofit employee labor
organization representing mechanical employees, shall
fully cooperate with any audit conducted pursuant to
this subsection--
(i) by providing any relevant documents
requested; and
(ii) by making available any employees for
interview without undue delay or obstruction.
(C) Failure to cooperate.--If the Secretary
determines that a railroad or any of its employees,
including any nonprofit employee labor organization
representing mechanical employees of the railroad is
not fully cooperating with an audit conducted pursuant
to this subsection, the Secretary shall electronically
notify the Committee on Commerce, Science, and
Transportation of the Senate and the Committee on
Transportation and Infrastructure of the House of
Representatives of such noncooperation.
(c) Review of Regulations.--The Secretary shall triennially
determine whether any update to part 215 of title 49, Code of Federal
Regulations, is necessary to ensure the safety of rail cars transported
by rail carriers.
(d) Annual Report.--The Secretary shall publish an annual report on
the public website of the Federal Railroad Administration that--
(1) summarizes the findings of the prior year's audits;
(2) summarizes any updates made pursuant to this section;
and
(3) excludes any confidential business information or
sensitive security information.
(e) Rule of Construction.--Nothing in this section may be
construed--
(1) to limit the deployment of pilot programs for the
installation, test, verification, and review of automated rail
and train inspection technologies; or
(2) to direct the Secretary to waive any existing
inspection requirements under chapter I or II of subtitle B of
title 49, Code of Federal Regulations, as part of pilot
programs.
SEC. 5. DEFECT DETECTORS.
(a) Rulemaking.--Not later than 1 year after the date of the
enactment of this Act, the Secretary shall issue regulations
establishing requirements for the installation, repair, testing,
maintenance, and operation of wayside defect detectors for each rail
carrier operating a train consist carrying hazardous materials.
(b) Requirements.--The regulations issued pursuant to subsection
(a) shall include requirements regarding--
(1) the frequency of the placement of wayside defect
detectors, including a requirement that all Class I railroads
install a hotbox detector along every 10-mile segment of rail
track over which trains carrying hazardous materials operate;
(2) performance standards for such detectors;
(3) the maintenance and repair requirements for such
detectors;
(4) reporting data and maintenance records of such
detectors;
(5) appropriate steps the rail carrier must take when
receiving an alert of a defect or failure from or regarding a
wayside defect detector; and
(6) the use of hotbox detectors to prevent derailments from
wheel bearing failures, including--
(A) the temperatures, to be specified by the
Secretary, at which an alert from a hotbox detector is
triggered to warn of a potential wheel bearing failure;
and
(B) any actions that shall be taken by a rail
carrier upon receiving an alert from a hotbox detector
of a potential wheel bearing failure.
(c) Defect and Failure Identification.--The Secretary shall specify
the categories of defects and failures that wayside defect detectors
covered by regulations issued pursuant to subsection (a) shall address,
including--
(1) axles;
(2) wheel bearings;
(3) brakes;
(4) signals;
(5) wheel impacts; and
(6) other defects or failures specified by the Secretary.
SEC. 6. SAFE FREIGHT ACT OF 2023.
(a) Short Title.--This section may be cited as the ``Safe Freight
Act of 2023''.
(b) Freight Train Crew Size.--Subchapter II of chapter 201 of title
49, United States Code, is amended by inserting after section 20153 the
following:
``Sec. 20154. Freight train crew size safety standards
``(a) Minimum Crew Size.--No freight train may be operated without
a 2-person crew consisting of at least 1 appropriately qualified and
certified conductor and 1 appropriately qualified and certified
locomotive engineer.
``(b) Exceptions.--Except as provided in subsection (c), the
requirement under subsection (a) shall not apply with respect to--
``(1) train operations on track that is not a main line
track;
``(2) a freight train operated--
``(A) by a railroad carrier that has fewer than
400,000 total employee work hours annually and less
than $40,000,000 annual revenue (adjusted for
inflation, as calculated by the Surface Transportation
Board Railroad Inflation- Adjusted Index and Deflator
Factor Table);
``(B) at a speed of not more than 25 miles per
hour; and
``(C) on a track with an average track grade of
less than 2 percent for any segment of track that is at
least 2 continuous miles;
``(3) locomotives performing assistance to a train that has
incurred mechanical failure or lacks the power to traverse
difficult terrain, including traveling to or from the location
where assistance is provided;
``(4) locomotives that--
``(A) are not attached to any equipment or are
attached only to a caboose; and
``(B) do not travel further than 30 miles from the
point of origin of such locomotive; and
``(5) train operations staffed with fewer than a 2-person
crew at least 1 year before the date of enactment of this
section, if the Secretary determines that such operations
achieve an equivalent level of safety as would result from
compliance with the requirement under subsection (a).
``(c) Trains Ineligible for Exception.--The exceptions under
subsection (b) may not be applied to--
``(1) a train transporting 1 or more loaded cars carrying
material toxic by inhalation (as defined in section 171.8 of
title 49, Code of Federal Regulations);
``(2) a train transporting--
``(A) 20 or more loaded tank cars of a Class 2
material or a Class 3 flammable liquid in a continuous
block; or
``(B) 35 or more loaded tank cars of a Class 2
material or a Class 3 flammable liquid throughout the
train consist; or
``(3) a train with a total length of at least 7,500 feet.
``(d) Waiver.--A railroad carrier may seek a waiver of the
requirements under this section in accordance with section 20103(d).''.
(c) Clerical Amendment.--The analysis for subchapter II of chapter
201 of title 49, United States Code, is amended by inserting after the
item relating to section 20153 the following:
``20154. Freight train crew size.''.
SEC. 7. INCREASING MAXIMUM CIVIL PENALTIES FOR VIOLATIONS OF RAIL
SAFETY REGULATIONS.
(a) Civil Penalties Related to Transporting Hazardous Materials.--
Section 5123(a) of title 49, United States Code, is amended--
(1) in paragraph (1), in the matter preceding subparagraph
(A), by striking ``$75,000'' and inserting ``the greater of 0.5
percent of the person's annual income or annual operating
income or $750,000''; and
(2) in paragraph (2), by striking ``$175,000'' and
inserting ``the greater of 1 percent of the person's annual
income or annual operating income or $1,750,000''.
(b) General Violations of Chapter 201.--Section 21301(a)(2) of
title 49, United States Code, is amended--
(1) by striking ``$25,000.'' and inserting ``the greater of
0.5 percent of the person's annual income or annual operating
income or $250,000''; and
(2) by striking ``$100,000.'' and inserting ``the greater
of 1 percent of the person's annual income or annual operating
income or $1,000,000''.
(c) Accident and Incident Violations of Chapter 201; Violations of
Chapters 203 Through 209.--Section 21302(a) is amended--
(1) in paragraph (1), by striking ``203-209'' each place it
appears and inserting ``203 through 209''; and
(2) in paragraph (2)--
(A) by striking ``$25,000'' and inserting ``the
greater of 0.5 percent of the person's annual income or
annual operating income or $250,000''; and
(B) by striking ``$100,000'' and inserting ``the
greater of 1 percent of the person's annual income or
annual operating income or $1,000,000''.
(d) Violations of Chapter 211.--Section 21303(a)(2) is amended--
(1) by striking ``$25,000.'' and inserting ``the greater of
0.5 percent of the person's annual income or annual operating
income or $250,000''; and
(2) by striking ``$100,000.'' and inserting ``the greater
of 1 percent of the person's annual income or annual operating
income or $1,000,000''.
SEC. 8. SAFER TANK CARS.
(a) Phase-Out Schedule.--Beginning on May 1, 2025, a rail carrier
may not use DOT-111 specification railroad tank cars that do not comply
with DOT-117, DOT-117P, or DOT-117R specification requirements, as in
effect on the date of enactment of this Act, to transport Class 3
flammable liquids regardless of the composition of the train consist.
(b) Conforming Regulatory Amendments.--
(1) In general.--The Secretary--
(A) shall immediately remove or revise the date-
specific deadlines in any applicable regulations or
orders to the extent necessary to conform with the
requirement under subsection (a); and
(B) may not enforce any date-specific deadlines or
requirements that are inconsistent with the requirement
under subsection (a).
(2) Rule of construction.--Except as required under
paragraph (1), nothing in this section may be construed to
require the Secretary to issue regulations to implement this
section.
SEC. 9. HAZARDOUS MATERIALS TRAINING FOR FIRST RESPONDERS.
(a) Annual Registration Fee.--Section 5108(g) of title 49, United
States Code, is amended by adding at the end the following:
``(4) Additional fee for class i rail carriers.--In
addition to the fees collected pursuant to paragraphs (1) and
(2), the Secretary shall establish and annually impose and
collect from each Class I rail carrier a fee in an amount equal
to $1,000,000.''.
(b) Assistance for Local Emergency Response Training.--Section
5116(j)(1)(A) of title 49, United States Code, is amended--
(1) by striking ``liquids'' and inserting ``materials'';
and
(2) in paragraph (3), by amending subparagraph (A) to read
as follows:
``(A) In general.--To carry out the grant program
established pursuant to paragraph (1),the Secretary may
expend, during each fiscal year--
``(i) the amounts collected pursuant to
section 5108(g)(4); and
``(ii) any amounts recovered during such
fiscal year from grants awarded under this
section during a prior fiscal year.''.
(c) Supplemental Training Grants.--Section 5128(b)(4) of title 49,
United States Code is amended by striking ``$2,000,000'' and inserting
``$4,000,000''.
SEC. 10. RAIL SAFETY INFRASTRUCTURE RESEARCH AND DEVELOPMENT GRANTS.
(a) Research Requirement.--The Administrator of the Federal
Railroad Administration shall award grants, in accordance with section
22907 of title 49, United States Code, and the restrictions and
limitations on eligibility for Class I railroads under such section,
for research and development of wayside defect detectors to better
prevent the derailment of trains transporting hazardous materials.
(b) Funding.--
(1) Appropriation.--There is appropriated to the Federal
Railroad Administration, out of any funds in the Treasury not
otherwise appropriated, $22,000,000, which shall be used for
the grants authorized under subsection (a) for the improvement
and research of wayside defect defectors and the prevention of
derailments of trains containing hazardous materials.
(2) Availability of funding.--Amounts appropriated under
this subsection shall remain available until expended
SEC. 11. APPROPRIATIONS FOR TANK CAR RESEARCH AND DEVELOPMENT.
There is appropriated to the Pipeline and Hazardous Materials
Safety Administration, out of any funds in the Treasury not otherwise
appropriated, $5,000,000, which shall be used for expenses related to
the development of--
(1) stronger, safer tank cars and valves for tank cars; and
(2) other tank car safety features.
<all>
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118S577
|
Keep Children and Families Safe from Lead Hazards Act of 2023
|
[
[
"R000595",
"Sen. Rubio, Marco [R-FL]",
"sponsor"
],
[
"W000790",
"Sen. Warnock, Raphael G. [D-GA]",
"cosponsor"
]
] |
<p><b>Keep Children and Families Safe from Lead Hazards Act of 2023</b></p> <p>This bill requires the Office of Multifamily Housing Programs to conduct a risk assessment of properties that receive low-income housing assistance to identify properties with the greatest risk of exposing children under six years old to lead hazards (e.g., lead-based paint and lead service lines).<br> <br> The office must develop an action plan for remediation and control of lead hazards in identified properties and submit a report on low-income housing properties with lead hazards, including the number of children under six living at those properties.</p>
|
<html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 577 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 577
To require the Department of Housing and Urban Development to conduct
an annual risk assessment of properties receiving tenant-based or
project-based rental assistance for lead-based hazards, and for other
purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
March 1, 2023
Mr. Rubio (for himself and Mr. Warnock) introduced the following bill;
which was read twice and referred to the Committee on Banking, Housing,
and Urban Affairs
_______________________________________________________________________
A BILL
To require the Department of Housing and Urban Development to conduct
an annual risk assessment of properties receiving tenant-based or
project-based rental assistance for lead-based hazards, and for other
purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Keep Children and Families Safe from
Lead Hazards Act of 2023''.
SEC. 2. LEAD-BASED PAINT.
(a) Definitions.--In this section--
(1) the term ``covered housing'' means a dwelling unit
receiving project-based rental assistance or tenant-based
rental assistance under section 8 of the United States Housing
Act of 1937 (42 U.S.C. 1437f); and
(2) the term ``Department'' means the Department of Housing
and Urban Development.
(b) Annual Risk Assessment and Report.--Not later than 1 year after
the date of enactment of this Act, and every year thereafter, the
Deputy Assistant Secretary for the Office of Multifamily Housing
Programs of the Department, in collaboration with the Office of Lead
Hazard Control and Healthy Homes of the Department, shall--
(1) conduct a risk assessment of covered housing to
identify properties with the greatest risk of exposing children
under the age of 6 years old to lead hazards, including lead-
based paint and lead service lines;
(2) develop an action plan relating to remediation,
control, and safeguards to address lead hazards, including
lead-based paint and lead-service lines, in covered housing
identified in the risk assessment conducted under paragraph
(1), with priority given to those properties with children
under the age of 6 years old; and
(3) submit to Congress a report on properties with covered
housing that have lead-based paint or lead service lines,
including the number of children under the age of 6 years old
living at these properties.
(c) Uniform Physical Condition Standard Inspections.--In conducting
uniform physical condition inspections in accordance with part 5 of
title 24, Code of Federal Regulations, or any successor regulation, the
Secretary shall include lead-based paint and lead service lines in the
graded scoring as an exigent health and safety deficiency to ensure
that--
(1) lead-based paint and lead service lines are tracked at
each applicable property; and
(2) the owners of those properties are held accountable for
remediating deficiencies.
<all>
</pre></body></html>
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118S578
|
Liberty City Rising Act of 2023
|
[
[
"R000595",
"Sen. Rubio, Marco [R-FL]",
"sponsor"
]
] |
<p><strong>Liberty City Rising Act</strong><b> of 2023</b></p> <p>This bill requires the Department of Housing and Urban Development (HUD) to establish standards to ensure the safety and security of federally assisted housing in high-crime areas. Public housing agencies serving high-crime areas must also establish anonymous hotlines for tenants to report suspicious activity and crimes in the community. In addition, HUD must prioritize public housing projects located in high-crime areas when awarding certain public housing grants for safety and security measures.</p> <p>Under the bill, a high-crime area is designated by HUD based on the most recent violent crime data available.</p>
|
<html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 578 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 578
To reform the requirements regarding the safety and security of
families living in public and federally assisted housing in high-crime
areas.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
March 1, 2023
Mr. Rubio introduced the following bill; which was read twice and
referred to the Committee on Banking, Housing, and Urban Affairs
_______________________________________________________________________
A BILL
To reform the requirements regarding the safety and security of
families living in public and federally assisted housing in high-crime
areas.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Liberty City Rising Act of 2023''.
SEC. 2. SAFETY STANDARDS FOR FEDERALLY ASSISTED HOUSING IN HIGH-CRIME
AREAS.
(a) Public Housing.--Section 6(f)(2) of the United States Housing
Act of 1937 (42 U.S.C. 1437d(f)(2)) is amended--
(1) by striking ``The Secretary shall'' and inserting the
following:
``(A) Safe and habitable.--The Secretary shall'';
and
(2) by adding at the end the following:
``(B) High-crime areas.--
``(i) Definition.--In this subparagraph,
the term `high-crime area' means a neighborhood
or other small geographic area that the
Secretary determines has a high incidence of
violent crime, based on the most recent violent
crime data available from a State, unit of
local government, or other source determined
appropriate by the Secretary, that lists the
types of crimes and number of offenses
committed in the area.
``(ii) Additional safety and security
standards.--In addition to the standards under
subparagraph (A), the Secretary shall establish
standards to ensure the safety and security of
dwellings located in a high-crime area.
``(iii) Contents.--The standards
established under clause (ii)--
``(I) shall require a public
housing agency to consider security
measures that meet the specific needs
of a property or building; and
``(II) may include requirements
related to security cameras, locks,
lighting, or other security measures.
``(iv) Anonymous hotline.--A public housing
agency that operates a public housing project
in a high-crime area shall establish an
anonymous hotline for tenants to report
suspicious activity and crimes that occur in
the community in which the public housing
project is located.''.
(b) Project-Based Assisted Housing.--
(1) In general.--Section 8(o)(13) of the United States
Housing Act of 1937 (42 U.S.C. 1437f(o)(13)) is amended by
adding at the end the following:
``(P) Safety and security standards for high-crime
areas.--
``(i) Definition.--In this subparagraph,
the term `high-crime area' means a neighborhood
or other small geographic area that the
Secretary determines has a high incidence of
violent crime, based on the most recent violent
crime data available from a State, unit of
local government, or other source determined
appropriate by the Secretary, that lists the
types of crimes and number of offenses
committed in the area.
``(ii) Contract requirement.--An assistance
contract for project-based assistance entered
into under this paragraph with respect to a
structure shall require that the owner maintain
the structure, if determined to be in a high-
crime area, in a condition that complies with
standards that meet or exceed the safety and
security standards established under clause
(iii).
``(iii) Safety and security standards.--The
Secretary shall establish standards to ensure
the safety and security of structures located
in a high-crime area.
``(iv) Contents.--The standards established
under clause (iii)--
``(I) shall require the owner of a
structure that receives project-based
assistance under this paragraph to
consider security measures that meet
the specific needs of the structure;
and
``(II) may include requirements
related to security cameras, locks,
lighting, or other security measures.
``(v) Inspections.--When determining
whether a dwelling unit that is in a high-crime
area meets the housing quality standards under
paragraph (8)(B), a public housing agency shall
also determine whether the dwelling unit meets
the standards established under this
subparagraph.
``(vi) Anonymous hotline.--A public housing
agency that provides project-based assistance
under this paragraph with respect to a
structure in a high-crime area shall establish
an anonymous hotline for tenants to report
suspicious activity and crimes that occur in
the community in which the structure is
located.''.
(2) Conforming amendment.--Section 8(d)(2) of the United
States Housing Act of 1937 (42 U.S.C. 1437f(d)(2)) is amended
by adding at the end the following:
``(E)(i) Subsection (o)(13)(P) (relating to safety and security
standards for high-crime areas) shall apply to a contract for project-
based assistance under this paragraph and to a public housing agency
that enters into such a contract.
``(ii) When determining whether a structure assisted under this
paragraph that is in a high-crime area, as defined in subsection
(o)(13)(P), meets any applicable housing quality standards, a public
housing agency shall also determine whether the structure meets the
safety and security standards established under that subsection.''.
(c) Deadlines.--
(1) Determination of high-crime areas.--Not later than 90
days after the date of enactment of this Act, the Secretary of
Housing and Urban Development shall make an initial
determination as to which areas of the United States are high-
crime areas for purposes of sections 6(f)(2)(B), 8(d)(2)(E),
and 8(o)(13)(P) of the United States Housing Act of 1937, as
added by this section.
(2) Safety and security standards.--Not later than 1 year
after the date of enactment of this Act, the Secretary of
Housing and Urban Development shall establish the safety and
security standards for public housing projects and other
assisted structures located in high-crime areas required under
sections 6(f)(2)(B), 8(d)(2)(E), and 8(o)(13)(P) of the United
States Housing Act of 1937, as added by this section.
SEC. 3. GRANT PRIORITY FOR PUBLIC HOUSING PROJECTS IN HIGH-CRIME AREAS.
Section 9(d) of the United States Housing Act of 1937 (42 U.S.C.
1437g(d)) is amended by adding at the end the following:
``(4) Emergency safety and security funding priority for
high-crime areas.--In awarding grants for safety and security
measures using amounts from the Capital Fund, the Secretary
shall give priority to an application from a public housing
agency that proposes to use the grant for a public housing
project located in a high-crime area (as defined in section
6(f)(2)(B)).''.
<all>
</pre></body></html>
|
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118S579
|
Safe Temperature Act of 2023
|
[
[
"R000595",
"Sen. Rubio, Marco [R-FL]",
"sponsor"
]
] |
<p><b>Safe Temperature Act of 2023</b></p> <p>This bill allows the Department of Housing and Urban Development to require units in public housing, supportive housing for the elderly, and dwellings receiving low-income housing choice voucher assistance to maintain a temperature level ranging from 71 to 81 degrees Fahrenheit.</p>
|
<html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 579 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 579
To provide for a comfortable and safe temperature level in dwelling
units receiving certain Federal housing assistance, and for other
purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
March 1, 2023
Mr. Rubio introduced the following bill; which was read twice and
referred to the Committee on Banking, Housing, and Urban Affairs
_______________________________________________________________________
A BILL
To provide for a comfortable and safe temperature level in dwelling
units receiving certain Federal housing assistance, and for other
purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Safe Temperature Act of 2023''.
SEC. 2. COMFORTABLE AND SAFE TEMPERATURE LEVEL IN FEDERALLY ASSISTED
HOUSING.
(a) Public Housing and Project-Based Assistance.--The United States
Housing Act of 1937 (42 U.S.C. 1437 et seq.) is amended--
(1) in section 8(o)(13) (42 U.S.C. 1437f(o)(13)), by adding
at the end the following:
``(P) Maintaining temperature level in units.--The
Secretary may require the owner of a dwelling unit
receiving assistance under a housing assistance payment
under this paragraph to ensure that the dwelling unit
maintains a comfortable and safe temperature level
ranging from 71 degrees to 81 degrees Fahrenheit.'';
and
(2) in section 9 (42 U.S.C. 1437g), by adding at the end
the following:
``(p) Use of Funds To Maintain Temperate Level in Units.--With
respect to a public housing dwelling unit, the Secretary may use
amounts in the Capital Fund or the Operating Fund to ensure that the
dwelling unit maintains a comfortable and safe temperature level
ranging from 71 degrees to 81 degrees Fahrenheit.''.
(b) Supportive Housing for the Elderly.--Section 202 of the Housing
Act of 1959 (12 U.S.C. 1701q) is amended by striking the first and
second subsection (m) and inserting the following:
``(m) Maintaining Temperature in Units.--The Secretary may require
the owner of housing assisted under this section to ensure that each
unit in that housing maintains a comfortable and safe temperature level
ranging from 71 degrees to 81 degrees Fahrenheit.''.
<all>
</pre></body></html>
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118S58
|
Preventing Elected Leaders from Owning Securities and Investments (PELOSI) Act
|
[
[
"H001089",
"Sen. Hawley, Josh [R-MO]",
"sponsor"
]
] |
<p><b>Preventing Elected Leaders from Owning Securities and Investments (PELOSI) Act</b></p> <p>This bill prohibits Members of Congress (or their spouses) from holding or trading certain investments (e.g., individual stocks and related financial instruments other than diversified investment funds or U.S. Treasury securities).</p> <p>The prohibition does not apply to assets held in a qualified blind trust or to sales by a Member to come into compliance with the bill's requirements. Specifically, the bill allows for sales by current Members during the 180 days following the bill's enactment and for sales by future Members during the 180 days following the commencement of their service.</p> <p>Any profit made in violation of the prohibition must be disgorged to the Treasury and may subject the Member to a civil fine. Additionally, a loss stemming from a prohibited holding or transaction may not be used as an income tax deduction.</p> <p>Each Member must submit an annual certification of compliance, and the Government Accountability Office must audit Members' compliance with the bill's provisions.</p>
|
<html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 58 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 58
To amend the Ethics in Government Act of 1978 to prohibit transactions
involving certain financial instruments by Members of Congress.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
January 24 (legislative day, January 3), 2023
Mr. Hawley introduced the following bill; which was read twice and
referred to the Committee on Finance
_______________________________________________________________________
A BILL
To amend the Ethics in Government Act of 1978 to prohibit transactions
involving certain financial instruments by Members of Congress.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Preventing Elected Leaders from
Owning Securities and Investments (PELOSI) Act''.
SEC. 2. BANNING INSIDER TRADING IN CONGRESS.
(a) In General.--The Ethics in Government Act of 1978 (5 U.S.C.
App.) is amended by inserting after title I the following:
``TITLE II--BANNING INSIDER TRADING IN CONGRESS
``SEC. 201. DEFINITIONS.
``In this title:
``(1) Covered financial instrument.--
``(A) In general.--The term `covered financial
instrument' means--
``(i) any investment in--
``(I) a security (as defined in
section 3(a) of Securities Exchange Act
of 1934 (15 U.S.C. 78c(a)));
``(II) a security future (as
defined in that section); or
``(III) a commodity (as defined in
section 1a of the Commodity Exchange
Act (7 U.S.C. 1a)); and
``(ii) any economic interest comparable to
an interest described in clause (i) that is
acquired through synthetic means, such as the
use of a derivative, including an option,
warrant, or other similar means.
``(B) Exclusions.--The term `covered financial
instrument' does not include--
``(i) a diversified mutual fund;
``(ii) a diversified exchange-traded fund;
``(iii) a United States Treasury bill,
note, or bond; or
``(iv) compensation from the primary
occupation of a spouse or dependent of a Member
of Congress.
``(2) Member of congress.--The term `Member of Congress'
has the meaning given the term in section 109.
``(3) Qualified blind trust.--The term `qualified blind
trust' has the meaning given the term in section 102(f)(3).
``(4) Supervising ethics committee.--The term `supervising
ethics committee' means, as applicable--
``(A) the Select Committee on Ethics of the Senate;
and
``(B) the Committee on Ethics of the House of
Representatives.
``SEC. 202. PROHIBITION ON CERTAIN TRANSACTIONS AND HOLDINGS INVOLVING
COVERED FINANCIAL INSTRUMENTS.
``(a) Prohibition.--Except as provided in subsection (b), a Member
of Congress, or any spouse of a Member of Congress, may not, during the
term of service of the Member of Congress, hold, purchase, or sell any
covered financial instrument.
``(b) Exceptions.--The prohibition under subsection (a) shall not
apply to--
``(1) a sale by a Member of Congress, or a spouse of a
Member of Congress, that is completed by the date that is--
``(A) for a Member of Congress serving on the date
of enactment of the Preventing Elected Leaders from
Owning Securities and Investments (PELOSI) Act, 180
days after that date of enactment; and
``(B) for any Member of Congress who commences
service as a Member of Congress after the date of
enactment of the Preventing Elected Leaders from Owning
Securities and Investments (PELOSI) Act, 180 days after
the first date of the initial term of service; or
``(2) a covered financial instrument held in a qualified
blind trust operated on behalf of, or for the benefit of, the
Member of Congress or spouse of the Member of Congress.
``(c) Penalties.--
``(1) Disgorgement.--A Member of Congress shall disgorge to
the Treasury of the United States any profit from a transaction
or holding involving a covered financial instrument that is
conducted in violation of this section.
``(2) Income tax.--A loss from a transaction or holding
involving a covered financial instrument that is conducted in
violation of this section may not be deducted from the amount
of income tax owed by the applicable Member of Congress or
spouse of a Member of Congress.
``(3) Fines.--A Member of Congress who holds or conducts a
transaction involving, or whose spouse holds or conducts a
transaction involving, a covered financial instrument in
violation of this section may be subject to a civil fine
assessed by the supervising ethics committee under section 204.
``SEC. 203. CERTIFICATION OF COMPLIANCE.
``(a) In General.--Not less frequently than annually, each Member
of Congress shall submit to the applicable supervising ethics committee
a written certification that the Member of Congress has achieved
compliance with the requirements of this title.
``(b) Publication.--The supervising ethics committees shall publish
each certification submitted under subsection (a) on a publicly
available website.
``SEC. 204. AUTHORITY OF SUPERVISING ETHICS COMMITTEES.
``(a) In General.--The supervising ethics committees may implement
and enforce the requirements of this title, including by--
``(1) issuing--
``(A) for Members of Congress--
``(i) rules governing that implementation;
and
``(ii) 1 or more reasonable extensions to
achieve compliance with this title, if the
supervising ethics committee determines that a
Member of Congress is making a good faith
effort to divest any covered financial
instruments; and
``(B) guidance relating to covered financial
instruments;
``(2) publishing on the internet certifications submitted
by Members of Congress under section 203(a); and
``(3) assessing civil fines against any Member of Congress
who is in violation of this title, subject to subsection (b).
``(b) Requirements for Civil Fines.--
``(1) In general.--Before imposing a fine pursuant to this
section, a supervising ethics committee shall provide to the
applicable Member of Congress--
``(A) a written notice describing each covered
financial instrument transaction for which a fine will
be assessed; and
``(B) an opportunity, with respect to each such
covered financial instrument transaction--
``(i) for a hearing; and
``(ii) to achieve compliance with the
requirements of this title.
``(2) Publication.--Each supervising ethics committee shall
publish on a publicly available website a description of--
``(A) each fine assessed by the supervising ethics
committee pursuant to this section;
``(B) the reasons why each such fine was assessed;
and
``(C) the result of each assessment, including any
hearing under paragraph (1)(B)(i) relating to the
assessment.
``(3) Appeal.--A Member of Congress may appeal the
assessment of a fine under this section to a vote on the floor
of the Senate or the House of Representatives, as applicable,
as a privileged motion.
``SEC. 205. AUDIT BY GOVERNMENT ACCOUNTABILITY OFFICE.
``Not later than 2 years after the date of enactment of the
Preventing Elected Leaders from Owning Securities and Investments
(PELOSI) Act, the Comptroller General of the United States shall--
``(1) conduct an audit of the compliance by Members of
Congress with the requirements of this title; and
``(2) submit to the supervising ethics committees a report
describing the results of the audit conducted under paragraph
(1).''.
(b) Conforming Amendments.--
(1) Section 109 of the Ethics in Government Act of 1978 (5
U.S.C. App.) is amended--
(A) in the matter preceding paragraph (1), by
striking ``For the purposes of this title, the term--''
and inserting ``In this title:'';
(B) in paragraph (1), by striking ``means'' and all
that follows through ``Representatives;'' and inserting
the following: ``means, as applicable--
``(A) the Select Committee on Ethics of the Senate;
and
``(B) the Committee on Ethics of the House of
Representatives.'';
(C) in each of paragraphs (2) through (17), by
striking the semicolon at the end of the paragraph and
inserting a period;
(D) in paragraph (18)--
(i) in subparagraph (B), by striking
``Standards of Official Conduct'' and inserting
``Ethics''; and
(ii) in subparagraph (D), by striking ``;
and'' at the end and inserting a period;
(E) in each of paragraphs (1) through (19)--
(i) by inserting ``The term'' after the
paragraph designation; and
(ii) by inserting a paragraph heading, the
text of which is comprised of the term defined
in that paragraph; and
(F) by redesignating paragraphs (8) and (9) as
paragraphs (9) and (8), respectively, and moving the
paragraphs so as to appear in numerical order.
(2) Section 101(f) of the Ethics in Government Act of 1978
(5 U.S.C. App.) is amended--
(A) in paragraph (9), by striking ``as defined
under section 109(12)'';
(B) in paragraph (10), by striking ``as defined
under section 109(13)'';
(C) in paragraph (11), by striking ``as defined
under section 109(10)''; and
(D) in paragraph (12), by striking ``as defined
under section 109(8)''.
(3) Section 111(2) of the Ethics in Government Act of 1978
(5 U.S.C. App.) is amended by striking ``Standards of Official
Conduct'' and inserting ``Ethics''.
(4) Section 402 of the Ethics in Government Act of 1978 (5
U.S.C. App.) is amended--
(A) in subsection (b), by striking ``title II of''
each place it appears; and
(B) in subsection (f)(2)(B)--
(i) by striking ``Subject to clause (iv) of
this subparagraph, before'' each place it
appears and inserting ``Before''; and
(ii) by striking clause (iv).
(5) Section 503(1)(A) of the Ethics in Government Act of
1978 (5 U.S.C. App.) is amended by striking ``Standards of
Official Conduct'' and inserting ``Ethics''.
(6) Section 3(4)(D) of the Lobbying Disclosure Act of 1995
(2 U.S.C. 1602(4)(D)) is amended by striking ``legislative
branch employee serving in a position described under section
109(13) of the Ethics in Government Act of 1978 (5 U.S.C.
App.)'' and inserting ``officer or employee of the Congress (as
defined in section 109 of the Ethics in Government Act of 1978
(5 U.S.C. App.))''.
(7) Section 21A of the Securities Exchange Act of 1934 (15
U.S.C. 78u-1) is amended--
(A) in subsection (g)(2)(B)(ii), by striking
``section 109(11) of the Ethics in Government Act of
1978 (5 U.S.C. App. 109(11))'' and inserting ``section
109 of the Ethics in Government Act of 1978 (5 U.S.C.
App.)''; and
(B) in subsection (h)(2)--
(i) in subparagraph (B), by striking
``section 109(8) of the Ethics in Government
Act of 1978 (5 U.S.C. App. 109(8))'' and
inserting ``section 109 of the Ethics in
Government Act of 1978 (5 U.S.C. App.)''; and
(ii) in subparagraph (C), by striking
``under section 109(10) of the Ethics in
Government Act of 1978 (5 U.S.C. App.
109(10))'' and inserting ``in section 109 of
the Ethics in Government Act of 1978 (5 U.S.C.
App.)''.
<all>
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118S580
|
CCP Visa Ban Act of 2023
|
[
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"cosponsor"
],
[
"S001217",
"Sen. Scott, Rick [R-FL]",
"cosponsor"
]
] |
<html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 580 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 580
To provide greater scrutiny of visas for Chinese Communist Party
members.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
March 1, 2023
Mr. Rubio (for himself, Mr. Cramer, Mr. Tuberville, and Mr. Scott of
Florida) introduced the following bill; which was read twice and
referred to the Committee on the Judiciary
_______________________________________________________________________
A BILL
To provide greater scrutiny of visas for Chinese Communist Party
members.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``CCP Visa Ban Act of 2023''.
SEC. 2. SCRUTINY OF VISAS FOR CHINESE COMMUNIST PARTY MEMBERS.
(a) Inadmissibility.--Section 212(a)(3)(D) of the Immigration and
Nationality Act (8 U.S.C. 1182(a)(3)(D)) is amended--
(1) in the subparagraph heading, by striking ``Immigrant
membership'' and inserting ``Membership''; and
(2) by adding at the end the following:
``(v) Prohibition on issuance of certain
visas to members of the chinese communist
party.--An alien who is or has been a member of
or affiliated with the Chinese Communist
Party--
``(I) is inadmissible; and
``(II) shall not be issued a visa
as a nonimmigrant described in section
101(a)(15)(B).''.
(b) Applications for Visa Extensions.--With respect to applications
to extend visas issued to nonimmigrants described in section
101(a)(15)(B) of the Immigration and Nationality Act (8 U.S.C.
1101(a)(15)(B)) through enrollment in the Electronic Visa Update System
or any successor system--
(1) the Commissioner of U.S. Customs and Border Protection
shall ensure that such system has a functionality for
determining whether an applicant is a covered alien; and
(2) in the case of an applicant determined to be a covered
alien, the applicant's request for enrollment shall be denied.
(c) Cancellation of Visas Authorized.--
(1) In general.--On encountering a covered alien who is in
possession of a valid, unexpired visa issued under section
101(a)(15)(B) of the Immigration and Nationality Act (8 U.S.C.
1101(a)(15)(B)), the Commissioner of U.S. Customs and Border
Protection shall cancel such visa.
(2) Role of bureau of consular affairs.--Not later than 90
days after the date of the enactment of this Act, the Assistant
Secretary for Consular Affairs shall--
(A) cancel all nonimmigrant visas issued to covered
aliens under section 101(a)(15)(B) of the Immigration
and Nationality Act (8 U.S.C. 1101(a)(15)(B)); and
(B) update the Consular Consolidated Database and
the Consular Lookout and Support System to reflect such
cancellations.
(3) Remedy.--The sole legal remedy available to an alien
whose visa has been cancelled under this subsection shall be to
submit a new application for a visa in accordance with the
procedures established by the Bureau of Consular Affairs.
(d) Definition of Covered Alien.--In this section, the term
``covered alien'' means an alien who is or has been a member of or
affiliated with the Chinese Communist Party.
<all>
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|
118S581
|
Housing Accountability Act of 2023
|
[
[
"R000595",
"Sen. Rubio, Marco [R-FL]",
"sponsor"
]
] |
<p><strong>Housing Accountability Act of </strong><b>2023</b></p> <p>This bill provides statutory authority for the requirement that a property owner receiving low-income housing assistance payments for an existing public housing unit must maintain decent, safe, and sanitary conditions for the housing structure.</p> <p>The Department of Housing and Urban Development (HUD) must survey tenants of these structures semiannually to identify problems with the structures or with management. A structure must be referred to HUD for remediation if consistent or persistent problems are identified. HUD may impose penalties on an owner of a structure that violates this bill.</p>
|
<html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 581 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 581
To provide standards for physical condition and management of housing
receiving assistance payments under section 8 of the United States
Housing Act of 1937.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
March 1, 2023
Mr. Rubio introduced the following bill; which was read twice and
referred to the Committee on Banking, Housing, and Urban Affairs
_______________________________________________________________________
A BILL
To provide standards for physical condition and management of housing
receiving assistance payments under section 8 of the United States
Housing Act of 1937.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Housing Accountability Act of
2023''.
SEC. 2. STANDARDS FOR PHYSICAL CONDITION AND MANAGEMENT OF HOUSING
RECEIVING ASSISTANCE PAYMENTS.
Section 8 of the United States Housing Act of 1937 (42 U.S.C.
1437f) is amended by inserting after subsection (v) the following:
``(w) Standards for Physical Condition and Management of Housing
Receiving Assistance Payments.--
``(1) Standards for physical condition and management of
housing.--Any entity receiving assistance payments under this
section shall maintain decent, safe, and sanitary conditions,
as determined by the Secretary, for any structure covered under
a housing assistance payment contract.
``(2) Survey of tenants.--The Secretary shall develop a
process by which a Performance-Based Contract Administrator
shall, on a semiannual basis, conduct a survey of the tenants
of each structure covered under a housing assistance payment
contract for the purpose of identifying consistent or
persistent problems with the physical condition of the
structure or performance of the manager of the structure.
``(3) Remediation.--A structure covered under a housing
assistance payment contract shall be referred to the Secretary
for remediation if a Performance-Based Contract Administrator
identifies a consistent or persistent problem with the
structure or the management of the structure based on--
``(A) a survey conducted under paragraph (2); or
``(B) any other observation made by the
Performance-Based Contract Administrator during the
normal course of business.
``(4) Penalty for failure to uphold standards.--
``(A) In general.--The Secretary may impose a
penalty on any owner of a structure covered under a
housing assistance payment contract if the Secretary
finds that the structure or manager of the structure--
``(i) did not satisfactorily meet the
requirements under paragraph (1); or
``(ii) is repeatedly referred to the
Secretary for remediation by a Performance-
Based Contract Administrator through the
process established under paragraph (3).
``(B) Amount.--A penalty imposed under subparagraph
(A) shall be in an amount equal to not less than 1
percent of the annual budget authority the owner is
allocated under a housing assistance payment contract.
``(C) Use of amounts.--Any amounts collected under
this paragraph shall be used solely for the purpose of
supporting safe and sanitary conditions at applicable
structures or for tenant relocation, as designated by
the Secretary, with priority given to the tenants of
the structure that led to the penalty.
``(5) Applicability.--This subsection shall not apply to
any property assisted under subsection (o).''.
SEC. 3. ISSUANCE OF REPORT.
Not later than 1 year after the date of enactment of this Act, the
Secretary of Housing and Urban Development shall submit to Congress a
report that--
(1) examines the adequacy of capital reserves for each
structure covered under a housing assistance payment contract
under section 8 of the United States Housing Act of 1937 (42
U.S.C. 1437f);
(2) examines the use of funds derived from a housing
assistance payment contract for purposes unrelated to the
maintenance and capitalization of the structure covered under
the contract; and
(3) includes any administrative or legislative
recommendations to further improve the living conditions at
those structures.
<all>
</pre></body></html>
|
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"Public contracts and procurement",
"Public housing"
] |
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|
118S582
|
Sunshine Protection Act of 2023
|
[
[
"R000595",
"Sen. Rubio, Marco [R-FL]",
"sponsor"
],
[
"L000575",
"Sen. Lankford, James [R-OK]",
"cosponsor"
],
[
"P000145",
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"cosponsor"
],
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"T000278",
"Sen. Tuberville, Tommy [R-AL]",
"cosponsor"
],
[
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"cosponsor"
],
[
"H000601",
"Sen. Hagerty, Bill [R-TN]",
"cosponsor"
],
[
"S001203",
"Sen. Smith, Tina [D-MN]",
"cosponsor"
],
[
"S001217",
"Sen. Scott, Rick [R-FL]",
"cosponsor"
],
[
"H001079",
"Sen. Hyde-Smith, Cindy [R-MS]",
"cosponsor"
],
[
"P000603",
"Sen. Paul, Rand [R-KY]",
"cosponsor"
],
[
"W000779",
"Sen. Wyden, Ron [D-OR]",
"cosponsor"
],
[
"H001046",
"Sen. Heinrich, Martin [D-NM]",
"cosponsor"
],
[
"W000802",
"Sen. Whitehouse, Sheldon [D-RI]",
"cosponsor"
],
[
"M001111",
"Sen. Murray, Patty [D-WA]",
"cosponsor"
],
[
"B001319",
"Sen. Britt, Katie Boyd [R-AL]",
"cosponsor"
]
] |
<p><b>Sunshine Protection Act of 2023</b></p> <p>This bill makes daylight saving time the new, permanent standard time.</p> <p>States with areas exempt from daylight saving time may choose the standard time for those areas.</p>
|
<html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 582 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 582
To make daylight saving time permanent, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
March 1, 2023
Mr. Rubio (for himself, Mr. Lankford, Mr. Padilla, Mr. Tuberville, Mr.
Markey, Mr. Hagerty, Ms. Smith, Mr. Scott of Florida, Mrs. Hyde-Smith,
Mr. Paul, Mr. Wyden, and Mr. Heinrich) introduced the following bill;
which was read twice and referred to the Committee on Commerce,
Science, and Transportation
_______________________________________________________________________
A BILL
To make daylight saving time permanent, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Sunshine Protection Act of 2023''.
SEC. 2. MAKING DAYLIGHT SAVING TIME PERMANENT.
(a) Repeal of Temporary Period for Daylight Saving Time.--Section 3
of the Uniform Time Act of 1966 (15 U.S.C. 260a) is hereby repealed.
(b) Advancement of Standard Time.--
(1) In general.--The second sentence of subsection (a) of
section 1 of the Act of March 19, 1918 (commonly known as the
``Calder Act'') (15 U.S.C. 261), is amended--
(A) by striking ``4 hours'' and inserting ``3
hours'';
(B) by striking ``5 hours'' and inserting ``4
hours'';
(C) by striking ``6 hours'' and inserting ``5
hours'';
(D) by striking ``7 hours'' and inserting ``6
hours'';
(E) by striking ``8 hours'' and inserting ``by 7
hours'';
(F) by striking ``9 hours'' and inserting ``8
hours'';
(G) by striking ``10 hours;'' and inserting ``9
hours;'';
(H) by striking ``11 hours'' and inserting ``10
hours''; and
(I) by striking ``10 hours.'' and inserting ``11
hours.''.
(2) State exemption.--Such section is further amended by--
(A) redesignating subsection (b) as subsection (c);
and
(B) inserting after subsection (a) the following:
``(b) Standard Time for Certain States and Areas.--The standard
time for a State that has exempted itself from the provisions of
section 3(a) of the Uniform Time Act of 1966 (15 U.S.C. 260a(a)), as in
effect on the day before the date of the enactment of the Sunshine
Protection Act of 2023, pursuant to such section or an area of a State
that has exempted such area from such provisions pursuant to such
section shall be, as such State considers appropriate--
``(1) the standard time for such State or area, as the case
may be, pursuant to subsection (a) of this section; or
``(2) the standard time for such State or area, as the case
may be, pursuant to subsection (a) of this section as it was in
effect on the day before the date of the enactment of the
Sunshine Protection Act of 2023.''.
(3) Conforming amendment.--Such section is further amended,
in the second sentence, by striking ``Except as provided in
section 3(a) of the Uniform Time Act of 1966 (15 U.S.C. 260a),
the'' and inserting ``Except as provided in subsection (b),''.
<all>
</pre></body></html>
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[
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118S583
|
FDIC Act of 2023
|
[
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"R000595",
"Sen. Rubio, Marco [R-FL]",
"sponsor"
],
[
"C001098",
"Sen. Cruz, Ted [R-TX]",
"cosponsor"
],
[
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"Sen. Cramer, Kevin [R-ND]",
"cosponsor"
],
[
"C001095",
"Sen. Cotton, Tom [R-AR]",
"cosponsor"
],
[
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"Sen. Blackburn, Marsha [R-TN]",
"cosponsor"
],
[
"S001217",
"Sen. Scott, Rick [R-FL]",
"cosponsor"
]
] |
<p><b>Financial Defense for Industrial Contractors Act of 2023 or the FDIC Act of 2023</b></p> <p>This bill requires the Federal Deposit Insurance Corporation to begin proceedings for terminating the insured status of large depository institutions that deny banking services to federal contractors that otherwise qualify for such services. </p>
|
<html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 583 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 583
To amend the Federal Deposit Insurance Act to permit the Federal
Deposit Insurance Corporation to terminate the insured status of a
depository institution that refuses to provide services to certain
Federal contractors, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
March 1, 2023
Mr. Rubio (for himself, Mr. Cruz, Mr. Cramer, Mr. Cotton, Mrs.
Blackburn, and Mr. Scott of Florida) introduced the following bill;
which was read twice and referred to the Committee on Banking, Housing,
and Urban Affairs
_______________________________________________________________________
A BILL
To amend the Federal Deposit Insurance Act to permit the Federal
Deposit Insurance Corporation to terminate the insured status of a
depository institution that refuses to provide services to certain
Federal contractors, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Financial Defense for Industrial
Contractors Act of 2023'' or the ``FDIC Act of 2023''.
SEC. 2. TERMINATION OF INSURANCE.
Section 8 of the Federal Deposit Insurance Act (12 U.S.C. 1818) is
amended--
(1) in subsection (a)(3), by inserting ``or (x)'' after
``subsection (w)''; and
(2) by adding at the end the following:
``(x) Termination of Insurance Relating to Denial of Services to
Federal Contractors.--
``(1) Definitions.--In this subsection--
``(A) the term `contractor' means an entity that--
``(i) is a party to a contract with the
Federal Government;
``(ii) has complied with all applicable
laws and regulations in fulfilling the
responsibilities of the entity with respect to
the contract described in clause (i); and
``(iii) satisfies traditional underwriting
and credit standards with respect to the
banking service sought by the entity under
paragraph (2); and
``(B) the term `covered institution' means an
insured depository institution that has more than
$50,000,000,000 in total consolidated assets.
``(2) Notice of termination; pretermination hearing.--If a
covered institution refuses to provide a banking service sought
by a contractor, the Board of Directors shall--
``(A) issue to the insured depository institution a
notice of its intention to terminate the insured status
of the insured depository institution; and
``(B) schedule a hearing on the matter, which shall
be conducted in all respects as a termination hearing
pursuant to paragraphs (3) through (5) of subsection
(a).
``(3) Temporary insurance of previously insured deposits.--
Upon termination of the insured status of any depository
institution pursuant to paragraph (2), the deposits of such
depository institution shall be treated in accordance with
subsection (a)(7).''.
<all>
</pre></body></html>
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118S584
|
North Korean Human Rights Reauthorization Act of 2023
|
[
[
"R000595",
"Sen. Rubio, Marco [R-FL]",
"sponsor"
],
[
"K000384",
"Sen. Kaine, Tim [D-VA]",
"cosponsor"
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"Sen. Van Hollen, Chris [D-MD]",
"cosponsor"
],
[
"B001243",
"Sen. Blackburn, Marsha [R-TN]",
"cosponsor"
]
] |
<html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 584 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 584
To reauthorize the North Korean Human Rights Act of 2004, and for other
purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
March 1, 2023
Mr. Rubio (for himself and Mr. Kaine) introduced the following bill;
which was read twice and referred to the Committee on Foreign Relations
_______________________________________________________________________
A BILL
To reauthorize the North Korean Human Rights Act of 2004, and for other
purposes.
Be it enacted by the Senate 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 Korean Human Rights
Reauthorization Act of 2023''.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) The North Korean Human Rights Act of 2004 (Public Law
108-333; 22 U.S.C. 7801 et seq.) and subsequent
reauthorizations of such Act were the product of broad,
bipartisan consensus regarding the promotion of human rights,
documentation of human rights violations, transparency in the
delivery of humanitarian assistance, and the importance of
refugee protection.
(2) The human rights and humanitarian conditions within
North Korea remain deplorable and have been intentionally
perpetuated against the people of North Korea through policies
endorsed and implemented by Kim Jong-un and the Workers' Party
of Korea.
(3) According to a 2014 report released by the United
Nations Human Rights Council's Commission of Inquiry on Human
Rights in the Democratic People's Republic of Korea, between
80,000 and 120,000 children, women, and men were being held in
political prison camps in North Korea, where they were
subjected to deliberate starvation, forced labor, executions,
torture, rape, forced abortion, and infanticide.
(4) North Korea continues to hold a number of South Koreans
and Japanese abducted after the signing of the Agreement
Concerning a Military Armistice in Korea, signed at Panmunjom
July 27, 1953 (commonly referred to as the ``Korean War
Armistice Agreement''), and refuses to acknowledge the
abduction of more than 100,000 South Koreans during the Korean
War in violation of the Geneva Convention.
(5) Human rights violations in North Korea, which include
forced starvation, sexual violence against women and children,
restrictions on freedom of movement, arbitrary detention,
torture, executions, and enforced disappearances, amount to
crimes against humanity according to the United Nations
Commission of Inquiry on Human Rights in the Democratic
People's Republic of Korea.
(6) The effects of the COVID-19 pandemic and North Korea's
strict lockdown of its borders and crackdowns on informal
market activities and small entrepreneurship have drastically
increased food insecurity for its people and given rise to
famine conditions in parts of the country.
(7) North Korea's COVID-19 border lockdown measures also
include shoot-to-kill orders that have resulted in the killing
of--
(A) North Koreans attempting to cross the border;
and
(B) at least 1 South Korean citizen in September
2020.
(8) The Chinese Communist Party and the Government of the
People's Republic of China are aiding and abetting in crimes
against humanity by forcibly repatriating North Korean refugees
to North Korea where they are sent to prison camps, harshly
interrogated, and tortured or executed.
(9) The forcible repatriation of North Korean refugees
violates the People's Republic of China's freely undertaken
obligation to uphold the principle of non-refoulement, under
the Convention Relating to the Status of Refugees, done at
Geneva July 28, 1951 (and made applicable by the Protocol
Relating to the Status of Refugees, done at New York January
31, 1967 (19 UST 6223)).
(10) North Korea continues to bar freedom of religion and
persecute religious minorities, especially Christians.
Eyewitnesses report that Christians in North Korea have been
tortured, forcibly detained, and even executed for possessing a
Bible or professing Christianity.
(11) United States and international broadcasting
operations into North Korea--
(A) serve as a critical source of outside news and
information for the North Korean people; and
(B) provide a valuable service for countering
regime propaganda and false narratives.
(12) The position of Special Envoy on North Korean Human
Rights Issues has been vacant since January 2017, even though
the President is required to appoint a Senate-confirmed Special
Envoy to fill this position in accordance with section 107 of
the North Korean Human Rights Act of 2004 (22 U.S.C. 7817).
SEC. 3. SENSE OF CONGRESS.
It is the sense of Congress that--
(1) promoting information access in North Korea continues
to be a successful method of countering North Korean
propaganda;
(2) the United States Government should continue to support
efforts described in paragraph (1), including by enacting and
implementing the Otto Warmbier North Korean Censorship and
Surveillance Act of 2021, which was introduced by Senator
Portman on June 17, 2021;
(3) because refugees among North Koreans fleeing into China
face severe punishments upon their forcible return, the United
States should urge the Government of the People's Republic of
China--
(A) to immediately halt its forcible repatriation
of North Koreans;
(B) to allow the United Nations High Commissioner
for Refugees (referred to in this section as ``UNHCR'')
unimpeded access to North Koreans within China to
determine whether they are refugees and require
assistance;
(C) to fulfill its obligations under the Convention
Relating to the Status of Refugees, done at Geneva July
28, 1951 (and made applicable by the Protocol Relating
to the Status of Refugees, done at New York January 31,
1967 (19 UST 6223)) and the Agreement on the upgrading
of the UNHCR Mission in the People's Republic of China
to UNHCR branch office in the People's Republic of
China, done at Geneva December 1, 1995;
(D) to address the concerns of the United Nations
Committee Against Torture by incorporating into
domestic legislation the principle of non-refoulement;
and
(E) to recognize the legal status of North Korean
women who marry or have children with Chinese citizens
and ensure that all such mothers and children are
granted resident status and access to education and
other public services in accordance with Chinese law
and international standards;
(4) the United States Government should continue to promote
the effective and transparent delivery and distribution of any
humanitarian aid provided in North Korea to ensure that such
aid reaches its intended recipients to the point of consumption
or utilization by cooperating closely with the Government of
the Republic of Korea and international and nongovernmental
organizations;
(5) the Department of State should continue to take steps
to increase public awareness about the risks and dangers of
travel by United States citizens to North Korea, including by
continuing its policy of blocking United States passports from
being used to travel to North Korea without a special
validation from the Department of State;
(6) the United Nations, which has a significant role to
play in promoting and improving human rights in North Korea,
should press for access for the United Nations Special
Rapporteur and the United Nations High Commissioner for Human
Rights on the situation of human rights in North Korea;
(7) the Special Envoy for North Korean Human Rights Issues
should be appointed without delay--
(A) to properly promote and coordinate North Korean
human rights and humanitarian issues; and
(B) to participate in policy planning and
implementation with respect to refugee issues;
(8) the United States should urge North Korea to repeal the
Reactionary Thought and Culture Denunciation Law and other
draconian laws, regulations, and decrees that manifestly
violate the freedom of opinion and expression and the freedom
of thought, conscience, and religion;
(9) the United States should urge North Korea to ensure
that any restrictions on addressing the COVID-19 pandemic are
necessary, proportionate, nondiscriminatory, time-bound,
transparent, and allow international staff to operate inside
the North Korea to provide international assistance based on
independent needs assessments;
(10) the United States should expand the Rewards for
Justice program to be open to North Korean officials who can
provide evidence of crimes against humanity being committed by
North Korean officials;
(11) the United States should continue to seek cooperation
from all foreign governments--
(A) to allow the UNHCR access to process North
Korean refugees overseas for resettlement; and
(B) to allow United States officials access to
process refugees for possible resettlement in the
United States; and
(12) the Secretary of State, through diplomacy by senior
officials, including United States ambassadors to Asia-Pacific
countries, and in close cooperation with South Korea, should
make every effort to promote the protection of North Korean
refugees, escapees, and defectors.
SEC. 4. REAUTHORIZATIONS.
(a) Support for Human Rights and Democracy Programs.--Section
102(b)(1) of the North Korean Human Rights Act of 2004 (22 U.S.C.
7812(b)(1)) is amended by striking ``2022'' and inserting ``2028''.
(b) Actions To Promote Freedom of Information.--Section 104 of the
North Korean Human Rights Act of 2004 (22 U.S.C. 7814) is amended--
(1) in subsection (b)(1), by striking ``2022'' and
inserting ``2028''; and
(2) in subsection (c), by striking ``2022'' and inserting
``2028''.
(c) Report by Special Envoy on North Korean Human Rights Issues.--
Section 107(d) of the North Korean Human Rights Act of 2004 (22 U.S.C.
7817(d)) is amended by striking ``2022'' and inserting ``2028''.
(d) Report on United States Humanitarian Assistance.--Section
201(a) of the North Korean Human Rights Act of 2004 (22 U.S.C. 7831(a))
is amended, in the matter preceding paragraph (1), by striking ``2022''
and inserting ``2028''.
(e) Assistance Provided Outside of North Korea.--Section 203 of the
North Korean Human Rights Act of 2004 (22 U.S.C. 7833) is amended--
(1) in subsection (b)(2), by striking ``103(15)'' and
inserting ``103(17)''; and
(2) in subsection (c)(1), by striking ``2018 through 2022''
and inserting ``2023 through 2028''.
(f) Annual Reports.--Section 305(a) of the North Korean Human
Rights Act of 2004 (22 U.S.C. 7845(a)) is amended, in the matter
preceding paragraph (1) by striking ``2022'' and inserting ``2028''.
SEC. 5. ACTIONS TO PROMOTE FREEDOM OF INFORMATION.
Title I of the North Korean Human Rights Act of 2004 (22 U.S.C.
7811 et seq.) is amended--
(1) in section 103(a), by striking ``Broadcasting Board of
Governors'' and inserting ``United States Agency for Global
Media''; and
(2) in section 104(a)--
(A) by striking ``Broadcasting Board of Governors''
each place such term appears and inserting ``United
States Agency for Global Media'';
(B) in paragraph (7)(B)--
(i) in the matter preceding clause (i), by
striking ``5 years'' and inserting ``10
years'';
(ii) by redesignating clauses (i) through
(iii) as clauses (ii) through (iv),
respectively;
(iii) by inserting before clause (ii) the
following:
``(i) an update of the plan required under
subparagraph (A);''; and
(iv) in clause (iii), as redesignated, by
striking ``pursuant to section 403'' and
inserting ``to carry out this section''.
SEC. 6. SPECIAL ENVOY FOR NORTH KOREAN HUMAN RIGHTS ISSUES.
Section 107 of the North Korean Human Rights Act of 2004 (22
U.S.C. 7817) is amended by adding at the end the following:
``(e) Report on Appointment of Special Envoy.--Not later than 180
days after the date of the enactment of this subsection and annually
thereafter through 2028 if the position of Special Envoy remains
vacant, the Secretary of State shall submit a report to the appropriate
congressional committees that describes the efforts being taken to
appoint the Special Envoy.''.
SEC. 7. SUPPORT FOR NORTH KOREAN REFUGEES.
(a) In General.--The Secretary of State and the Secretary of
Homeland Security should collaborate with faith-based and Korean-
American organizations to resettle North Korean participants in the
United States Refugee Admissions Program in areas with existing Korean-
American communities to mitigate trauma and mental health
considerations of refugees, as appropriate.
(b) Resettlement Location Assistance Education.--The Secretary of
State shall publicly disseminate guidelines and information relating to
resettlement options in the United States or South Korea for eligible
North Korean refugees, with a particular focus on messaging to North
Koreans.
(c) Mechanisms.--The guidelines and information described in
subsection (b)--
(1) shall be published on a publicly available website of
the Department of State;
(2) shall be broadcast into North Korea through radio
broadcasting operations funded or supported by the United
States Government; and
(3) shall be distributed through brochures or electronic
storage devices.
SEC. 8. AUTHORIZATION OF SANCTIONS FOR FORCED REPATRIATION OF NORTH
KOREAN REFUGEES.
(a) Discretionary Designations.--Section 104(b)(1) of the North
Korea Sanctions and Policy Enhancement Act of 2016 (22 U.S.C. 9214) is
amended--
(1) in subparagraph (M), by striking ``or'' after the
semicolon;
(2) in subparagraph (N), by striking the period at the end
and inserting ``; or''; and
(3) by adding at the end the following:
``(O) knowingly, directly or indirectly, forced the
repatriation of North Korean refugees to North
Korea.''.
(b) Exemptions.--Section 208(a)(1) of the North Korea Sanctions and
Policy Enhancement Act of 2016 (22 U.S.C. 9228(a)(1)) is amended by
inserting ``, the Republic of Korea, and Japan'' before the period at
the end.
SEC. 9. REPORT ON HUMANITARIAN EXEMPTIONS TO SANCTIONS IMPOSED WITH
RESPECT TO NORTH KOREA.
(a) Sense of Congress.--It is the sense of Congress that--
(1) the continued pursuit by the North Korean regime of
weapons of mass destruction (including nuclear, chemical, and
biological weapons), in addition to its ballistic missile
program, along with the regime's gross violations of human
rights, have led the international community to impose
sanctions with respect to North Korea, including sanctions
imposed by the United Nations Security Council;
(2) authorities should grant exemptions for humanitarian
assistance to the people of North Korea consistent with past
United Nations Security Council resolutions; and
(3) humanitarian assistance intended to provide
humanitarian relief to the people of North Korea must not be
exploited or misdirected by the North Korean regime to benefit
the military or elites of North Korea.
(b) Reports Required.--
(1) Defined term.--In this subsection, the term ``covered
period'' means--
(A) in the case of the first report required to be
submitted under paragraph (2), the period beginning on
January 1, 2018, and ending on the date that is 90 days
after the date of the enactment of this Act; and
(B) in the case of each subsequent report required
to be submitted under paragraph (2), the 1-year period
preceding the date by which the report is required to
be submitted.
(2) In general.--Not later than 180 days after the date of
the enactment of this Act, and annually thereafter for the
following 2 years, the Secretary of State shall submit a report
to Congress that--
(A) describes--
(i) how the North Korean regime has
previously exploited humanitarian assistance
from the international community to benefit
elites and the military in North Korea;
(ii) the most effective methods to provide
humanitarian relief, including mechanisms to
facilitate humanitarian assistance, to the
people of North Korea, who are in dire need of
such assistance;
(iii) any requests to the Committee of the
United Nations Security Council established by
United Nations Security Council Resolution 1718
(2006) (referred to in this section as the
``1718 Sanctions Committee'') for humanitarian
exemptions from sanctions known to have been
denied during the covered period or known to
have been in process for more than 30 days as
of the date of the report; and
(iv) any known explanations for the denials
and delays referred to in clause (iii); and
(B) details any action by a foreign government
during the covered period that has delayed or impeded
humanitarian assistance that was approved by the 1718
Sanctions Committee.
<all>
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118S585
|
Uyghur Human Rights Sanctions Review Act
|
[
[
"R000595",
"Sen. Rubio, Marco [R-FL]",
"sponsor"
]
] |
<html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 585 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 585
To require a determination of whether certain Chinese entities meet the
criteria for the imposition of sanctions, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
March 1, 2023
Mr. Rubio introduced the following bill; which was read twice and
referred to the Committee on Foreign Relations
_______________________________________________________________________
A BILL
To require a determination of whether certain Chinese entities meet the
criteria for the imposition of sanctions, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Uyghur Human Rights Sanctions Review
Act''.
SEC. 2. DETERMINATION OF WHETHER CERTAIN CHINESE ENTITIES MEET CRITERIA
FOR IMPOSITION OF SANCTIONS.
(a) In General.--Not later than 60 days after the date of the
enactment of this Act, the Secretary of the Treasury, in consultation
with the Secretary of State and the Attorney General, shall--
(1) determine whether any entity specified in subsection
(b)--
(A) is responsible for or complicit in, or has
directly or indirectly engaged in, serious human rights
abuses against Uyghurs or other predominantly Muslim
ethnic groups in the Xinjiang Uyghur Autonomous Region
of the People's Republic of China; or
(B) meets the criteria for the imposition of
sanctions under--
(i) the Global Magnitsky Human Rights
Accountability Act (22 U.S.C. 10101 et seq.);
(ii) section 6 of the Uyghur Human Rights
Policy Act of 2020 (Public Law 116-145; 22
U.S.C. 6901 note);
(iii) section 105, 105A, 105B, or 105C of
the Comprehensive Iran Sanctions,
Accountability, and Divestment Act of 2010 (22
U.S.C. 8514, 8514a, 8514b, and 8514c);
(iv) Executive Order 13818 (50 U.S.C. 1701
note; relating to blocking the property of
persons involved in serious human rights abuse
or corruption), as amended on or after the date
of the enactment of this Act; or
(v) Executive Order 13553 (50 U.S.C. 1701
note; relating to blocking property of certain
persons with respect to serious human rights
abuses by the Government of Iran and taking
certain other actions), as amended on or after
the date of the enactment of this Act;
(2) if the Secretary of the Treasury determines under
paragraph (1) that an entity is responsible for or complicit
in, or has directly or indirectly engaged in, serious human
rights abuses described in subparagraph (A) of that paragraph
or meets the criteria for the imposition of sanctions described
in subparagraph (B) of that paragraph, the Secretary shall
include the entity on the list of specially designated
nationals and blocked persons maintained by the Office of
Foreign Assets Control; and
(3) submit to Congress a report on that determination that
includes the reasons for the determination.
(b) Entities Specified.--An entity specified in this subsection is
any of the following:
(1) Hangzhou Hikvision Digital Technology Co., Ltd.
(2) Shenzhen Huada Gene Technology Co., Ltd. (BGI Group).
(3) Tiandy Technologies Co., Ltd.
(4) Zhejiang Dahua Technology Co., Ltd.
(5) China Electronics Technology Group Co.
(6) Zhejiang Uniview Technologies Co., Ltd.
(7) Alibaba Group Holding, Ltd.
(8) Baidu, Inc.
(9) ByteDance Ltd.
(10) China TransInfo Technology Co., Ltd.
(c) Form of Report.--The report required by subsection (a)(3) shall
be submitted in unclassified form, but may include a classified annex.
<all>
</pre></body></html>
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|
118S586
|
No PLA LOOPHOLES Act
|
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"R000595",
"Sen. Rubio, Marco [R-FL]",
"sponsor"
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"H000601",
"Sen. Hagerty, Bill [R-TN]",
"cosponsor"
],
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"L000575",
"Sen. Lankford, James [R-OK]",
"cosponsor"
],
[
"B001310",
"Sen. Braun, Mike [R-IN]",
"cosponsor"
],
[
"H001089",
"Sen. Hawley, Josh [R-MO]",
"cosponsor"
],
[
"S001217",
"Sen. Scott, Rick [R-FL]",
"cosponsor"
],
[
"C001098",
"Sen. Cruz, Ted [R-TX]",
"cosponsor"
]
] |
<html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 586 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 586
To modify the limitation on military-to-military exchanges and contacts
with the People's Liberation Army to cover all logistical operations
and remove the exception for search-and-rescue and humanitarian
operations and exercises.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
March 1, 2023
Mr. Rubio (for himself, Mr. Hagerty, Mr. Lankford, Mr. Braun, Mr.
Hawley, Mr. Scott of Florida, and Mr. Cruz) introduced the following
bill; which was read twice and referred to the Committee on Foreign
Relations
_______________________________________________________________________
A BILL
To modify the limitation on military-to-military exchanges and contacts
with the People's Liberation Army to cover all logistical operations
and remove the exception for search-and-rescue and humanitarian
operations and exercises.
Be it enacted by the Senate 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 People's Liberation Army in
Logistical Operations and Other Pertinent Humanitarian Operations
Leading to Endangered Security Act'' or the ``No PLA LOOPHOLES Act''.
SEC. 2. MODIFICATION OF LIMITATION ON MILITARY-TO-MILITARY EXCHANGES
AND CONTACTS WITH CHINESE PEOPLE'S LIBERATION ARMY.
Section 1201 of the National Defense Authorization Act for Fiscal
Year 2000 (Public Law 106-65; 10 U.S.C. 168 note) is amended--
(1) in subsection (b)(4), by striking ``Advanced logistical
operations'' and inserting ``Logistical operations''; and
(2) by striking subsection (c).
<all>
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118S587
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DEBRIS Act of 2023
|
[
[
"R000595",
"Sen. Rubio, Marco [R-FL]",
"sponsor"
]
] |
<html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 587 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 587
To impose sanctions with respect to foreign persons responsible for the
negligent creation of space debris, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
March 1, 2023
Mr. Rubio 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 responsible for the
negligent creation of space debris, and for other purposes.
Be it enacted by the Senate 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 Errant Behavior Risking
International Space Act of 2023'' or the ``DEBRIS Act of 2023''.
SEC. 2. DEFINITIONS.
In this Act:
(1) 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).
(2) Foreign person.--The term ``foreign person'' means a
person that is not a United States person.
(3) Person.--The term ``person'' means an individual or
entity.
(4) Space debris.--The term ``space debris'' means any
human-made, Earth-orbiting object or fragment of an object that
is nonfunctional and for which there is no reasonable
expectation of assuming or resuming its intended function.
(5) United states person.--The term ``United States
person'' means--
(A) a United States citizen or an alien lawfully
admitted for permanent residence to the United States;
(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. 3. DETERMINATION BY PRESIDENT.
(a) In General.--If persuasive information becomes available to the
executive branch indicating the substantial possibility that a foreign
person has created space debris without prior notification or warning
to the United States Government, the President shall, not later than 30
days after the executive branch receives such information, submit to
the appropriate congressional committees a report that includes--
(1) a determination with respect to whether that foreign
person is responsible for creating space debris without prior
notification to the United States Government, through--
(A) deliberate action, including weapons or
technical testing in orbit; or
(B) negligence, including through--
(i) an unintentional collision of a human-
made object that the foreign person failed to
track;
(ii) a failure to properly dispose of
human-made objects, such as through deorbiting;
or
(iii) other gross negligence; and
(2) an identification of any other foreign person that the
President determines--
(A) acted as an agent of or on behalf of the
foreign person described in paragraph (1) in a matter
relating to the creation of the space debris; or
(B) has materially assisted, sponsored, or provided
financial, material, or technological support for, or
goods or services in support of, an activity resulting
in the creation of the space debris.
(b) Consideration of Certain Information in Making a
Determination.--In determining whether a foreign person has engaged in
an activity described in subsection (a), the President shall consider--
(1) information provided by the chairperson and ranking
member of each of the appropriate congressional committees;
(2) information provided by the Commander of the United
States Space Command; and
(3) credible information obtained by other countries and
nongovernmental organizations that monitor space debris.
(c) Requests by Chairperson and Ranking Member of Appropriate
Congressional Committees.--Not later than 120 days after receiving a
written request from the chairperson and ranking member of one of the
appropriate congressional committees with respect to whether a foreign
person has engaged in an activity described in subsection (a), the
President shall--
(1) determine if that person has engaged in such an
activity; and
(2) submit a report to the chairperson and ranking member
of that committee with respect to that determination that
includes--
(A) a statement of whether or not the President
imposed or intends to impose sanctions under section 4
with respect to the person; and
(B) if the President imposed or intends to impose
sanctions, a description of those sanctions.
(d) Form of Report.--The report required by subsection (a) shall be
submitted in unclassified form, but may include a classified annex.
(e) Appropriate Congressional Committees Defined.--In this section,
the term ``appropriate congressional committees'' means--
(1) the Committee on Commerce, Science, and Transportation
and the Committee on Armed Services of the Senate; and
(2) the Committee on Science, Space, and Technology and the
Committee on Armed Services of the House of Representatives.
SEC. 4. IMPOSITION OF SANCTIONS.
(a) In General.--Not later than 90 days after submitting a report
under section 3(a), the President shall impose the sanctions described
in subsection (b) with respect to any foreign person--
(1) determined under paragraph (1) of section 3(a) to be
responsible for creating space debris; or
(2) identified under paragraph (2) of that section.
(b) Sanctions Described.--The sanctions described in this
subsection are the following:
(1) Blocking of property.--
(A) In general.--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 a foreign person described in paragraph (1)
or (2) of subsection (a) 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) Inapplicability of national emergency
requirement.--The requirements of section 202 of the
International Emergency Economic Powers Act (50 U.S.C.
1701) shall not apply for purposes of this section.
(2) Ineligibility for visas, admission, or parole.--
(A) Visas, admission, or parole.--An alien
described in paragraph (1) or (2) of 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.).
(B) Current visas revoked.--
(i) In general.--An alien described in
paragraph (1) or (2) of subsection (a) is
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) automatically cancel any other
valid visa or entry documentation that
is in the alien's possession.
(c) Implementation; Penalties.--
(1) Implementation.--The President may exercise all
authorities provided under sections 203 and 205 of the
International Emergency Economic Powers Act (50 U.S.C. 1702 and
1704) to carry out this section.
(2) Penalties.--A person that violates, attempts to
violate, conspires to violate, or causes a violation of this
section or any regulation, license, or order issued to carry
out this section shall be subject to the penalties set forth in
subsections (b) and (c) of section 206 of the International
Emergency Economic Powers Act (50 U.S.C. 1705) to the same
extent as a person that commits an unlawful act described in
subsection (a) of that section.
(d) Exceptions.--
(1) Exception relating to civil space cooperation.--
Sanctions under subsection (b) shall not apply with respect to
a person that is a party to an agreement relating to civil
space cooperation with any agency of the United States.
(2) Exception to comply with united nations headquarters
agreement and law enforcement objectives.--Sanctions under
subsection (b)(2) shall not apply with respect to an alien if
admitting the alien into the United States--
(A) would further important law enforcement
objectives; or
(B) 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 of the United
States.
(3) Exception relating to importation of goods.--
(A) In general.--The requirement to block and
prohibit all transactions in all property and interests
in property under subsection (b)(1) shall not include
the authority or a requirement to impose sanctions on
the importation of goods.
(B) Good.--In this paragraph, the term ``good''
means any article, natural or manmade substance,
material, supply or manufactured product, including
inspection and test equipment, and excluding technical
data.
(e) Termination of Sanctions.--The President may terminate the
application of sanctions under this section with respect to a person if
the President determines and reports to the appropriate congressional
committees not later than 15 days before the termination of the
sanctions that--
(1) credible information exists that the person did not
engage in the activity for which sanctions were imposed;
(2) the person has been prosecuted appropriately for the
activity for which sanctions were imposed; or
(3) the termination of the sanctions is in the vital
national security interests of the United States.
(f) Appropriate Congressional Committees Defined.--In this section,
the term ``appropriate congressional committees'' means--
(1) the Committee on Appropriations, the Committee on
Banking, Housing, and Urban Affairs, the Committee on Foreign
Relations, the Committee on Commerce, Science, and
Transportation, the Committee on Armed Services, and the
Committee on the Judiciary of the Senate; and
(2) the Committee on Appropriations, the Committee on
Financial Services, the Committee on Foreign Affairs, the
Committee on Science, Space, and Technology, the Committee on
Armed Services, and the Committee on the Judiciary of the House
of Representatives.
SEC. 5. REPORTS TO CONGRESS.
(a) In General.--The President shall submit to the appropriate
congressional committees, in accordance with subsection (b), a report
that includes--
(1) a list of each foreign person with respect to which the
President imposed sanctions pursuant to section 4 during the
year preceding the submission of the report;
(2) the number of foreign persons with respect to which the
President--
(A) imposed sanctions under section 4(a) during
that year; and
(B) terminated sanctions under section 4(e) during
that year;
(3) the dates on which such sanctions were imposed or
terminated, as the case may be;
(4) the reasons for imposing or terminating such sanctions;
and
(5) a description of the efforts of the President to
encourage the governments of other countries to impose
sanctions that are similar to the sanctions authorized by
section 4.
(b) Dates for Submission.--
(1) Initial report.--The President shall submit the initial
report under subsection (a) not later than 120 days after the
date of the enactment of this Act.
(2) Subsequent reports.--
(A) In general.--The President shall submit a
subsequent report under subsection (a) on April 12, or
the first day thereafter on which both Houses of
Congress are in session, of--
(i) the calendar year in which the initial
report is submitted if the initial report is
submitted before April 12 of that calendar
year; and
(ii) each calendar year thereafter.
(B) Form of report.--
(i) In general.--Each report required by
subsection (a) shall be submitted in
unclassified form, but may include a classified
annex.
(ii) Exception.--The name of a foreign
person to be included in the list required by
subsection (a)(1) may be submitted in the
classified annex authorized by paragraph (1)
only if the President--
(I) determines that it is vital for
the national security interests of the
United States to do so;
(II) uses the annex in a manner
consistent with congressional intent
and the purposes of this Act; and
(III) not later than 15 days before
submitting the name in a classified
annex, provides to the appropriate
congressional committees notice of, and
a justification for, including the name
in the classified annex despite any
publicly available credible information
indicating that the person engaged in
an activity described in section 4(a).
(c) Public Availability.--
(1) In general.--The unclassified portion of the report
required by subsection (a) shall be made available to the
public, including through publication in the Federal Register.
(2) Nonapplicability of confidentiality requirement with
respect to visa records.--The President shall publish the list
required by subsection (a)(1) without regard to the
requirements of section 222(f) of the Immigration and
Nationality Act (8 U.S.C. 1202(f)) with respect to
confidentiality of records pertaining to the issuance or
refusal of visas or permits to enter the United States.
(d) Appropriate Congressional Committees Defined.--In this section,
the term ``appropriate congressional committees'' means--
(1) the Committee on Appropriations, the Committee on
Banking, Housing, and Urban Affairs, the Committee on Foreign
Relations, the Committee on Commerce, Science, and
Transportation, the Committee on Armed Services, and the
Committee on the Judiciary of the Senate; and
(2) the Committee on Appropriations, the Committee on
Financial Services, the Committee on Foreign Affairs, the
Committee on Science, Space, and Technology, the Committee on
Armed Services, and the Committee on the Judiciary of the House
of Representatives.
<all>
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118S588
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COVID Act of 2023
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<html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 588 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 588
To impose sanctions and other measures in response to the failure of
the Government of the People's Republic of China to allow an
investigation into the origins of COVID-19 at suspect laboratories in
Wuhan.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
March 1, 2023
Mr. Rubio (for himself, Mr. Grassley, Mr. Marshall, Mr. Lankford, Mr.
Cramer, Mr. Wicker, Ms. Lummis, Mrs. Blackburn, Mr. Tillis, Mr. Hoeven,
Mr. Daines, Mr. Braun, Mrs. Hyde-Smith, Mr. Scott of South Carolina,
and Mr. Scott of Florida) introduced the following bill; which was read
twice and referred to the Committee on Foreign Relations
_______________________________________________________________________
A BILL
To impose sanctions and other measures in response to the failure of
the Government of the People's Republic of China to allow an
investigation into the origins of COVID-19 at suspect laboratories in
Wuhan.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Coronavirus Origin Validation,
Investigation, and Determination Act of 2023'' or the ``COVID Act of
2023''.
SEC. 2. MEASURES IN RESPONSE TO FAILURE OF THE GOVERNMENT OF THE
PEOPLE'S REPUBLIC OF CHINA TO ALLOW AN INVESTIGATION OF
SUSPECT LABORATORIES IN WUHAN.
(a) In General.--If, by not later than the date that is 90 days
after the date of the enactment of this Act, the President is unable to
certify that the Government of the People's Republic of China has
allowed a transparent international forensic investigation of suspect
laboratories in Wuhan to commence, including of the Wuhan Institute of
Virology of the Chinese Academy of Sciences (in this section referred
to as ``CAS''), the President shall--
(1) impose the sanctions described in subsection (c) with
respect to--
(A) individuals who hold positions of leadership in
the state-run CAS, including its affiliated institutes
and laboratories, local branches, and universities; and
(B) individuals who--
(i) are officials of the Chinese Communist
Party, the People's Liberation Army, or the
State Council of the People's Republic of
China, including its subordinate agencies, such
as the Ministry of Science and Technology, the
National Health Commission, the Chinese Center
for Disease Control and Prevention, the
Ministry of Foreign Affairs, the Ministry of
Emergency Management, and the Ministry of
Public Security; and
(ii) were involved in concealing the
initial outbreak of COVID-19 in the People's
Republic of China from the international
community, restricting the release of
information related to the outbreak,
understating the severity of the outbreak, or
obstructing an international investigation into
the origin of the outbreak;
(2) prohibit Federal funding for any joint research or
other collaborative projects between United States-based
researchers and CAS researchers across all academic fields,
including those employed by the affiliated institutes and
laboratories of CAS, its local branches or universities, or the
science and technology enterprises based in the People's
Republic of China that were created by CAS or founded with CAS
investment; and
(3) prohibit United States-based researchers and
institutions that receive Federal funding from engaging in
collaborative projects involving gain-of-function research of
concern on viruses with individuals or institutions based in
the People's Republic of China.
(b) Termination.--The requirements of subsection (a) shall
terminate on the date on which the Government of the People's Republic
of China allows the transparent international forensic investigation
described in that subsection to be conducted and concluded without--
(1) imposition of restrictions on the scope or subject
matter of the investigation; or
(2) limitations on the access of investigators to physical
sites, persons of interest, information on laboratory biosafety
incidents, or relevant molecular, genetic, epidemiological,
serological, and virological data.
(c) Sanctions Described.--The sanctions to be imposed under
subsection (a)(1) are the following:
(1) Asset blocking.--
(A) In general.--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 described in subparagraph (B) 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) Property and interests in property described.--
The property and interests in property described in
this subparagraph are property or interests in property
of--
(i) an individual described in subsection
(a)(1); or
(ii) any family member or associate acting
for or on behalf of an individual described in
subsection (a)(1) and to whom that individual
transfers such property or interests in
property after the date on which the President
designates the individual for the imposition of
sanctions under that subsection.
(2) Ineligibility for visas, admission, or parole.--
(A) Visas, admission, or parole.--An alien
described in subsection (a)(1) 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.).
(B) Current visas revoked.--
(i) In general.--An alien described in
subsection (a)(1) is 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) automatically cancel any other
valid visa or entry documentation that
is in the alien's possession.
(d) Implementation; Penalties.--
(1) Implementation.--The President may exercise the
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 the extent necessary to carry out this
section.
(2) Penalties.--A person that violates, attempts to
violate, conspires to violate, or causes a violation of
subsection (c)(1) or any regulation, license, or order issued
to carry out that subsection 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.
(e) Exceptions.--
(1) Exception for intelligence activities.--Sanctions under
this section shall not apply to any activity subject to the
reporting requirements under title V of the National Security
Act of 1947 (50 U.S.C. 3091 et seq.) or any authorized
intelligence activities of the United States.
(2) Exception to comply with international obligations and
for law enforcement activities.--Sanctions under subsection
(c)(2) shall not apply with respect to an alien if admitting or
paroling the alien into the United States is necessary--
(A) 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; or
(B) to carry out or assist law enforcement activity
in the United States.
(3) Exception relating to importation of goods.--
(A) In general.--The authorities and requirements
to impose sanctions authorized under this section shall
not include the authority or a requirement to impose
sanctions on the importation of goods.
(B) Good defined.--In this paragraph, the term
``good'' means any article, natural or manmade
substance, material, supply, or manufactured product,
including inspection and test equipment, and excluding
technical data.
(f) Definitions.--In this section:
(1) 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).
(2) Gain-of-function research of concern.--The term ``gain-
of-function research of concern'' means, with respect to the
study of viruses--
(A) the use of genetic engineering or nucleic acid
synthesis methods reasonably anticipated to increase a
pathogen's transmissibility, or pathogenicity to
humans, or to alter a pathogen's host tropism to
include humans;
(B) the use of serial passage methods in a
laboratory culture or in laboratory animals reasonably
anticipated to increase a pathogen's transmissibility,
or pathogenicity to humans, or to alter a pathogen's
host tropism to include humans; or
(C) any research conducted in a laboratory setting
less than Biosafety Level Three that involves pathogens
or potential pathogens known to be, or that can be
reasonably anticipated to be, infectious to humans
through the inhalation route of exposure, and known to
cause, or that can be reasonably anticipated to cause,
serious to fatal disease.
(3) Transparent international forensic investigation.--The
term ``transparent international forensic investigation'', with
respect to investigating the origin of SARS-CoV-2, means an
inquiry that is objective, data-driven, inclusive of broad
expertise, subject to independent oversight, and properly
managed to exclude individuals with conflicts of interest and
under which the following takes place:
(A) Relevant research funding agencies, funding
contractors, laboratories, and hospitals open their
records to examination by the investigative team and
grant the investigative team unfettered access to any
and all facilities, personnel, and other sites of
interest, and to any and all forms of epidemiological
or virological data of interest, including serological
records pertaining to the earliest confirmed or
suspected cases of COVID-19, or cases of similar
illnesses that may have been misdiagnosed, which
appeared in and around Wuhan in the fall and winter of
2019. Investigators document the veracity and source of
the data upon which their analysis is based in a manner
that allows independent experts to reproduce their
analysis and validate any conclusions they may draw.
(B) The international team is allowed to perform a
full forensic investigation of the Wuhan Institute of
Virology, the Wuhan Center for Disease Prevention and
Control, and the Wuhan Institute of Biological
Products, and all other laboratories in Wuhan that the
team might identify as warranting examination. The team
is allowed to review the biosafety level under which
bat coronavirus research was conducted, and to
interview any and all personnel currently or previously
employed at those laboratories, or related experts who
may have information pertinent to the investigation.
All laboratory logs and notebooks kept by Shi Zhengli
and other researchers at the Wuhan Institute of
Virology who have conducted gain-of-function
experiments between 2007 and the date of the enactment
of this Act, as well as their published and unpublished
work in Chinese and English, are presented in a full
and unaltered condition for examination by the team.
The team is given unlimited access to the full range of
virus cultures, isolates, genetic sequences, databases,
and patient specimens stored at these facilities as
well as all chimeric synthetic viruses grown in vitro
by cell culture passaging or engineered by genomic
editing between 2007 and the date of the enactment of
this Act. Such access must include the opportunity to
examine the Wuhan Institute of Virology's database of
approximately 22,000 samples and virus sequences,
including 15,000 taken from bats, which was previously
available to the public but taken offline in September
2019. The team is further allowed to examine in full
all training procedures in effect at the laboratory
prior to the pandemic, including those pertaining to
record-keeping and safety procedures and strategies to
prevent the accidental escape of potential pathogens.
(C) The investigative team analyzes in detail all
research related to the 293 bat coronaviruses
reportedly identified by Shi Zhengli and her team at
the Wuhan Institute of Virology between 2012 and 2015,
particularly RaTG13, RaBtCoV/4991, and all other
viruses from the abandoned copper mine in Mojiang Hani
Autonomous County in Yunnan province, where Wuhan
Institute of Virology researchers are known to have
collected bat virus specimens, including specimens of
RaTG13, during the decade preceding the date of the
enactment of this Act, including all virus isolates and
cultures. The Wuhan Institute of Virology discloses the
content of all classified and unpublished studies that
the Institute reportedly conducted with the People's
Liberation Army if such studies involved gain-of-
function research. The team is able to test all
laboratory personnel for antibodies and other
serological indicators of past infection of COVID-19.
The team is given access to all other records kept by
the Wuhan Institute of Virology, including security
logs, surveillance video footage, audio recordings, and
electronic logs of employees entering and leaving the
facility. The investigative team is permitted to take
samples and conduct testing of the physical facilities
where gain-of-function research has been conducted,
including, if necessary, sewer samples. Unfettered
access is also granted to the copper mine in Mojiang
Hani Autonomous County in Yunnan province referred to
in the first sentence of this subparagraph.
(D) The international team is comprised of members
chosen by the governments of the United States, Canada,
the United Kingdom, France, the Netherlands, Germany,
Australia, Japan, and India. The team includes
molecular biologists, virologists, epidemiologists, and
experts in biosafety and biosecurity. Individuals who
have previously ruled out the possibility of either
zoonotic transmission or a laboratory leak are
disqualified from participation. The Government of the
People's Republic of China may appoint Chinese experts
to accompany and advise the team as it conducts its
work in the People's Republic of China, but the
Government of the People's Republic of China has no
authority to dictate the selection of team members and
cannot obstruct the participation of any individual
selected by the individual's government for the team.
The central, provincial, and municipal authorities of
the People's Republic of China facilitate the work of
the investigative team and refrain from imposing any
restrictions on the scope, scale, and duration of the
investigation.
(4) United states person.--The term ``United States
person'' means--
(A) an individual who is 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 any jurisdiction within the United
States, including a foreign branch of such an entity;
or
(C) any person in the United States.
<all>
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|
118S589
|
American Space Commerce Act of 2023
|
[
[
"R000595",
"Sen. Rubio, Marco [R-FL]",
"sponsor"
],
[
"S001217",
"Sen. Scott, Rick [R-FL]",
"cosponsor"
],
[
"F000062",
"Sen. Feinstein, Dianne [D-CA]",
"cosponsor"
],
[
"W000437",
"Sen. Wicker, Roger F. [R-MS]",
"cosponsor"
],
[
"C001098",
"Sen. Cruz, Ted [R-TX]",
"cosponsor"
]
] |
<p><b>American Space Commerce Act of 2023</b></p> <p>This bill allows a special allowance for bonus depreciation for qualified domestic space launch property and extends the termination of such allowance until the end of 2032. The bill defines <i>qualified domestic space launch property</i> as property placed in service before January 1, 2033, that is (1) a space transportation vehicle or payload that is launched from the United States, or (2) other property or equipment placed in service to facilitate a space launch from the United States.</p>
|
<html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 589 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 589
To amend the Internal Revenue Code of 1986 to provide bonus
depreciation for certain space launch expenditures, and for other
purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
March 1, 2023
Mr. Rubio (for himself, Mr. Scott of Florida, Mrs. Feinstein, Mr.
Wicker, and Mr. Cruz) introduced the following bill; which was read
twice and referred to the Committee on Finance
_______________________________________________________________________
A BILL
To amend the Internal Revenue Code of 1986 to provide bonus
depreciation for certain space launch expenditures, and for other
purposes.
Be it enacted by the Senate 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 Space Commerce Act of
2023''.
SEC. 2. SPECIAL ALLOWANCE FOR QUALIFIED DOMESTIC SPACE LAUNCH PROPERTY.
(a) Allowance of Bonus Depreciation for Qualified Domestic Space
Launch Property.--Section 168(k)(2)(A)(i) of the Internal Revenue Code
of 1986 is amended--
(1) by striking ``or'' at the end of subclause (III),
(2) by striking ``or'' at the end of subclause (IV),
(3) by adding ``or'' at the end of subclause (V), and
(4) by adding at the end the following new subclause:
``(VI) which is qualified domestic
space launch property (as defined in
paragraph (11)),''.
(b) Extension of Termination of Bonus Depreciation for Qualified
Domestic Space Launch Property.--
(1) In general.--Section 168(k)(2)(A)(iii) of the Internal
Revenue Code of 1986 is amended by inserting ``(in the case of
qualified domestic space launch property, before January 1,
2033)'' after ``before January 1, 2027''.
(2) Application of applicable percentage.--Section
168(k)(6) of such Code is amended by adding at the end the
following new subparagraph:
``(D) Rule for qualified domestic space launch
property.--Notwithstanding any other provisions of this
paragraph, in the case of any qualified property which
is qualified domestic space launch property, the term
`applicable percentage' means, in the case of property
placed in service after December 31, 2023, and before
January 1, 2033, 100 percent.''.
(c) Qualified Domestic Space Launch Property Defined.--Section
168(k) of the Internal Revenue Code of 1986 is amended by adding at the
end the following new paragraph:
``(11) Qualified domestic space launch property defined.--
For purposes of this subsection--
``(A) In general.--The term `qualified domestic
space launch property' means property placed in service
before January 1, 2033, that is--
``(i) a space transportation vehicle or
payload (as such terms are defined in section
50101 of title 51, United States Code) that is
launched from the United States, or
``(ii) other property or equipment placed
in service for the purpose of facilitating a
space launch from the United States.
``(B) Special rule for space launches from
aircraft.--A space transportation vehicle or payload
that is launched from an aircraft shall be considered
to be launched from the United States if, and only if,
such space transportation vehicle or payload is--
``(i) substantially manufactured within the
United States, as determined by the Secretary,
and
``(ii) launched from an aircraft on a
flight that originated from United States soil.
``(C) United states.--The term `United States'
includes the possessions of the United States.''.
(d) Effective Date.--The amendments made by this section shall
apply to property placed in service after December 31, 2023.
<all>
</pre></body></html>
|
[
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"Business investment and capital",
"Income tax deductions",
"Space flight and exploration",
"Spacecraft and satellites"
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118S59
|
Chance to Compete Act of 2023
|
[
[
"S001191",
"Sen. Sinema, Kyrsten [I-AZ]",
"sponsor"
],
[
"H000601",
"Sen. Hagerty, Bill [R-TN]",
"cosponsor"
],
[
"L000575",
"Sen. Lankford, James [R-OK]",
"cosponsor"
],
[
"C000174",
"Sen. Carper, Thomas R. [D-DE]",
"cosponsor"
]
] |
<p><b>Chance to Compete Act of 2023</b></p> <p>This bill modifies examination requirements and other components of the federal hiring process for positions in the competitive service.</p> <p>Specifically, the bill provides that a qualifying examination includes a résumé review that is conducted by a subject matter expert. Additionally, beginning two years after the bill's enactment, the bill prohibits examinations from consisting solely of a self-assessment from an automated examination, a résumé review that is not conducted by a subject matter expert, or any other method of assessing an applicant's experience or education.</p> <p>Agencies may use subject matter experts to develop position-specific technical assessments that allow applicants to demonstrate job-related skills, abilities, and knowledge; assessments may include structured interviews, work-related exercises, procedures to measure career-related qualifications and interests, or other similar assessments. The bill also allows agencies to establish talent teams to support and improve hiring practices.</p> <p>The Office of Personnel Management (OPM) must create online platforms through which agencies may share and customize technical assessments and share the résumés of qualifying applicants. The OPM must also create online platforms with information about the types of assessments used and hiring outcomes.</p>
|
<html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 59 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 59
To implement merit-based reforms to the civil service hiring system
that replace degree-based hiring with skills- and competency-based
hiring.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
January 24 (legislative day, January 3), 2023
Ms. Sinema (for herself, Mr. Hagerty, Mr. Lankford, and Mr. Carper)
introduced the following bill; which was read twice and referred to the
Committee on Homeland Security and Governmental Affairs
_______________________________________________________________________
A BILL
To implement merit-based reforms to the civil service hiring system
that replace degree-based hiring with skills- and competency-based
hiring.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Chance to Compete Act of 2023''.
SEC. 2. DEFINITIONS.
(a) Terms Defined in Section 3304 of Title 5, United States Code.--
In this Act, the terms ``agency'', ``Director'', ``examining agency'',
``Office'', ``subject matter expert'', and ``technical assessment''
have the meanings given those terms in subsection (c)(1) of section
3304 of title 5, United States Code, as added by section 3(a).
(b) Other Terms.--In this Act, the term ``competitive service'' has
the meaning given the term in section 2102 of title 5, United States
Code.
SEC. 3. DEFINING THE TERM ``EXAMINATION'' FOR PURPOSES OF HIRING IN THE
COMPETITIVE SERVICE.
(a) Examinations; Technical Assessments.--
(1) In general.--Section 3304 of title 5, United States
Code, is amended--
(A) by redesignating subsections (c) through (f) as
subsections (d) through (g), respectively; and
(B) by inserting after subsection (b) the
following:
``(c) Examinations.--
``(1) Definitions.--
``(A) Examination defined for purposes of this
chapter.--For purposes of this chapter, the term
`examination'--
``(i) means an opportunity to directly
demonstrate knowledge, skills, abilities, and
competencies, through a passing score
assessment;
``(ii) includes a resume review that is--
``(I) conducted by a subject matter
expert; and
``(II) based upon indicators that--
``(aa) are derived from a
job analysis; and
``(bb) bear a rational
relationship to performance in
the position for which the
examining agency is hiring; and
``(iii) on and after the date that is 2
years after the date of enactment of the Chance
to Compete Act of 2023, does not include a
self-assessment from an automated examination,
a resume review (except as provided in clause
(ii)), or any other method of determining the
experience or level of educational attainment
of an individual, alone.
``(B) Other terms.--In this subsection--
``(i) the term `agency' means an agency
described in section 901(b) of title 31;
``(ii) the term `Director' means the
Director of the Office;
``(iii) the term `examining agency' means--
``(I) the Office; or
``(II) an agency to which the
Director has delegated examining
authority under section 1104(a)(2) of
this title;
``(iv) the term `Office' means the Office
of Personnel Management;
``(v) the term `passing score assessment'
means an assessment that an individual can pass
or fail;
``(vi) the term `subject matter expert'
means an employee or selecting official--
``(I) who possesses understanding
of the duties of, and knowledge,
skills, and abilities required for, the
position for which the employee or
selecting official is developing or
administering an assessment; and
``(II) whom the delegated examining
unit of the agency that employs the
employee or selecting official
designates to assist in the development
and administration of technical
assessments under paragraph (2); and
``(vii) the term `technical assessment'
means an assessment developed under paragraph
(2)(A)(i) that--
``(I) allows for the demonstration
of job-related technical skills,
abilities, and knowledge;
``(II)(aa) is based upon a job
analysis;
``(bb) is relevant to the position
for which the assessment is developed;
and
``(cc) does not discriminate on the
basis of a protected status, as
established by the Director in
regulations implementing this
subsection; and
``(III) may include--
``(aa) a structured
interview;
``(bb) a work-related
exercise;
``(cc) a custom or generic
procedure used to measure an
individual's employment or
career-related qualifications
and interests; or
``(dd) another assessment
that meets the criteria under
subclauses (I) and (II).
``(2) Technical assessments.--
``(A) In general.--For the purpose of conducting an
examination for a position in the competitive service,
a subject matter expert who is determined by the
subject matter expert's agency to be an expert in the
subject and job field of the position, as affirmed and
audited by the Chief Human Capital Officer or Human
Resources Director (as applicable) of that agency,
may--
``(i) develop, in partnership with human
resources employees of the examining agency, a
position-specific assessment that is relevant
to the position; and
``(ii) administer the assessment developed
under clause (i) to--
``(I) determine whether an
applicant for the position has a
passing score to be qualified for the
position; or
``(II) rank applicants for the
position for category rating purposes
under section 3319.
``(B) Sharing and customization of assessments.--
``(i) Sharing.--An examining agency may
share a technical assessment with another
examining agency if each agency maintains
appropriate control over examination material.
``(ii) Customization.--An examining agency
with which a technical assessment is shared
under clause (i) may customize the assessment
as appropriate, provided that the resulting
assessment satisfies the requirements under
part 300 of title 5, Code of Federal
Regulations (or any successor regulation).
``(iii) Platform for sharing and
customization.--
``(I) In general.--The Director
shall establish and operate a platform
on which examining agencies can share
and customize technical assessments
under this subparagraph.
``(II) Guidance.--Not later than 1
year after the date of enactment of the
Chance to Compete Act of 2023, the
Director shall issue guidance to
examining agencies on how to
efficiently and effectively share
assessments using the platform
established under subclause (I).
``(C) Adoption of determinations by other
agencies.--For purposes of sections 3318(b) and
3319(c), an appointing authority, other than the
appointing authority requesting a certificate of
eligibles, that selects an individual from that
certificate in accordance with such section 3318(b) or
3319(c) may adopt the determination described in
subparagraph (A) of this paragraph of a subject matter
expert employed by the requesting appointing authority
instead of administering an additional technical
assessment of the individual.''.
(2) Alternative ranking and selection procedures.--Section
3319(a) of title 5, United States Code, is amended by adding at
the end the following: ``To be placed in a quality category
under the preceding sentence, an applicant shall be required to
have passed an examination in accordance with section 3304(b),
subject to the exceptions in that section.''.
(3) Technical and conforming amendment.--Section
3330a(a)(1)(B) of title 5, United States Code, is amended by
striking ``section 3304(f)(1)'' and inserting ``section
3304(g)(1)''.
(b) Implementation of Passing Score Assessment Requirement.--Not
later than 2 years after the date of enactment of this Act, the
Director and the head of any other examining agency shall eliminate the
use of any examination for the competitive service that does not
satisfy the definition of the term ``examination'' in subsection
(c)(1)(A) of section 3304 of title 5, United States Code, as added by
subsection (a) of this section.
(c) OPM Reporting.--
(1) Public dashboard.--
(A) In general.--The Director shall maintain and
periodically update a publicly available dashboard
that, with respect to each position in the competitive
service for which an examining agency examined
applicants during the applicable period, includes--
(i) the type of assessment used, such as--
(I) a behavioral off-the-shelf
assessment;
(II) a resume review conducted by a
subject matter expert;
(III) an interview conducted by a
subject matter expert;
(IV) a technical off-the-shelf
assessment; or
(V) a cognitive ability test;
(ii) whether or not the agency selected a
candidate for the position; and
(iii) the hiring authority used to fill the
position.
(B) Timing.--
(i) Initial data.--Not later than 180 days
after the date of enactment of this Act, the
Director shall update the dashboard described
in subparagraph (A) with data for positions in
the competitive service for which an examining
agency examined applicants during the period
beginning on the date of enactment of this Act
and ending on the date of submission of the
report.
(ii) Subsequent updates.--Not later than
October 1 of each fiscal year beginning after
the date on which the dashboard is initially
updated under clause (i), the Director shall
update the dashboard described in subparagraph
(A) with data for positions in the competitive
service for which an examining agency examined
applicants during the preceding fiscal year.
(2) Annual progress report.--
(A) In general.--Each year, the Director, in
accordance with subparagraphs (B) and (C), shall make
publicly available and submit to Congress an overall
progress report that includes summary data of the use
of examinations (as defined in subsection (c)(1)(A) of
section 3304 of title 5, United States Code, as added
by subsection (a) of this section) for the competitive
service, including technical assessments.
(B) Categories; baseline data.--In carrying out
subparagraph (A), the Director shall--
(i) break the data down by applicant
demographic indicator, including veteran
status, race, gender, disability, and any other
measure the Director determines appropriate;
and
(ii) use the data available as of October
1, 2020, as a baseline.
(C) Limitations.--In carrying out subparagraph (A),
the Director may only make publicly available and
submit to Congress data relating to examinations for
which--
(i) the related announcement is closed;
(ii) certificates have been audited; and
(iii) all hiring processes are completed.
(d) GAO Report.--Not later than 5 years after the date of enactment
of this Act, the Comptroller General of the United States shall submit
to Congress a report that--
(1) assesses the implementation of this section and the
amendments made by this section;
(2) assesses the impact and modifications to the hiring
process for the competitive service made by this section and
the amendments made by this section; and
(3) makes recommendations for the improvement of the hiring
process for the competitive service.
SEC. 4. AMENDMENTS TO COMPETITIVE SERVICE ACT OF 2015.
(a) Platforms for Sharing Certificates of Eligibles.--Section
3318(b) of title 5, United States Code, is amended--
(1) in paragraph (1), by striking ``240-day'' and inserting
``1-year'';
(2) by redesignating paragraph (5) as paragraph (6); and
(3) by inserting after paragraph (4) the following:
``(5) Platform for sharing resumes of individuals on
certificates of eligibles.--The Director of the Office shall
establish and operate a platform on which an appointing
authority can share, with other appointing authorities and the
Chief Human Capital Officers Council established under section
1303 of the Chief Human Capital Officers Act of 2002 (5 U.S.C.
1401 note; Public Law 107-296), the resumes of individuals who
are on a certificate of eligibles requested by the appointing
authority.''.
(b) Maximizing Sharing of Applicant Information.--Section 2 of the
Competitive Service Act of 2015 (Public Law 114-137; 130 Stat. 310) is
amended--
(1) by redesignating subsections (c) and (d) as subsections
(d) and (e), respectively; and
(2) by inserting after subsection (b) the following:
``(c) Maximizing Sharing of Applicant Information.--
``(1) Definitions.--In this subsection--
``(A) the terms `agency', `Director', and `Office'
have the meanings given those terms in section
3304(c)(1) of title 5, United States Code; and
``(B) the term `competitive service' has the
meaning given the term in section 2102 of title 5,
United States Code.
``(2) Maximizing sharing.--The Director shall maximize the
sharing of information among agencies regarding qualified
applicants for positions in the competitive service, including
by--
``(A) providing for the delegation to other
agencies of the authority of the Office to host multi-
agency hiring actions to increase the return on
investment on high-quality pooled announcements; and
``(B) sharing certificates of eligibles and
accompanying resumes for appointment.''.
(c) Amendment of Implementing Regulations.--Not later than 180 days
after the date of enactment of this Act, the Director shall promulgate
regulations to carry out the amendments made by this section.
SEC. 5. MODERNIZING AND REFORMING THE ASSESSMENT AND HIRING OF FEDERAL
JOB CANDIDATES.
(a) In General.--Section 3308 of title 5, United States Code, is
amended--
(1) by striking ``scientific, technical, or professional'';
(2) by inserting ``legally'' before ``performed''; and
(3) by inserting ``in a jurisdiction in which the duties of
the position are to be performed'' after ``a prescribed minimum
education''.
(b) Implementation.--
(1) Regulations and guidance documents.--Not later than 1
year after the date of enactment of this Act, the Director
shall amend all regulations and guidance documents as necessary
to implement the amendments made by subsection (a).
(2) Hiring practices.--Not later than 1 year after the date
of enactment of this Act, the Director and the head of any
other examining agency shall amend the hiring practices of the
Office or the other examining agency, respectively, in
accordance with the amendments made by subsection (a).
SEC. 6. TALENT TEAMS.
(a) Federal Agency Talent Teams.--
(1) In general.--An agency may establish 1 or more talent
teams (referred to in this section as ``agency talent teams''),
including at the component level.
(2) Duties.--An agency talent team shall provide hiring
support to the agency and other agencies, including by--
(A) improving examinations (as defined in
subsection (c)(1)(A) of section 3304 of title 5, United
States Code, as added by section 3(a));
(B) facilitating writing job announcements for the
competitive service;
(C) sharing high-quality certificates of eligibles;
and
(D) facilitating hiring for the competitive service
using examinations (as defined in such subsection
(c)(1)(A)) and subject matter experts.
(b) Office of Personnel Management.--The Director may establish a
Federal talent team to support agency talent teams in facilitating
pooled hiring actions across the Federal Government, providing
training, and creating technology platforms to facilitate hiring for
the competitive service, including--
(1) the development of technical assessments; and
(2) the sharing of certificates of eligibles and
accompanying resumes under sections 3318(b) and 3319(c) of
title 5, United States Code.
<all>
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118S590
|
COMETS Act
|
[
[
"R000595",
"Sen. Rubio, Marco [R-FL]",
"sponsor"
],
[
"S001217",
"Sen. Scott, Rick [R-FL]",
"cosponsor"
],
[
"C001056",
"Sen. Cornyn, John [R-TX]",
"cosponsor"
]
] |
<p><b>Contracts and Obligations Modernization for Efficient Terms of Service Act or the COMETS Act</b></p> <p>This bill permits the National Aeronautics and Space Administration (NASA) to acquire supplies and services through its procurement channels for non-NASA space activities carried out by other entities on NASA properties if certain conditions are met.</p> <p>NASA may acquire supplies and services at the request of a private or commercial company or state government if NASA determines that doing so (1) is in the best interest of the federal government, and (2) neither interferes with NASA requirements nor competes with other commercial space activities.</p> <p>NASA must also have full reimbursable funding from a company or state government before incurring any obligation for the delivery of supplies or services acquired on behalf of the company or state government.</p>
|
<html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 590 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 590
To allow the Administrator of the National Aeronautics and Space
Administration to enter into agreements with private and commercial
entities and State governments to provide certain supplies, support,
and services.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
March 1, 2023
Mr. Rubio (for himself, Mr. Scott of Florida, and Mr. Cornyn)
introduced the following bill; which was read twice and referred to the
Committee on Commerce, Science, and Transportation
_______________________________________________________________________
A BILL
To allow the Administrator of the National Aeronautics and Space
Administration to enter into agreements with private and commercial
entities and State governments to provide certain supplies, support,
and 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 ``Contracts and Obligations
Modernization for Efficient Terms of Service Act'' or the ``COMETS
Act''.
SEC. 2. NATIONAL AERONAUTICS AND SPACE ADMINISTRATION AGREEMENTS WITH
PRIVATE AND COMMERCIAL ENTITIES AND STATE GOVERNMENTS TO
PROVIDE CERTAIN SUPPLIES, SUPPORT, AND SERVICES.
Section 20113 of title 51, United States Code, is amended by adding
at the end the following:
``(o) Agreements With Commercial Entities and State Governments.--
The Administration--
``(1) may enter into an agreement with a private or
commercial entity or a State government to provide the entity
or State government with supplies, support, and services
related to private, commercial, or State government space
activities carried on at a property owned or operated by the
Administration; and
``(2) on request by such an entity or State government, may
include such supplies, support, and services in the
requirements of the Administration if--
``(A) the Administrator determines that the
inclusion of such supplies, support, or services in
such requirements--
``(i) is in the best interest of the
Federal Government;
``(ii) does not interfere with the
requirements of the Administration; and
``(iii) does not compete with the
commercial space activities of other such
entities or State governments; and
``(B) the Administration has full reimbursable
funding from the entity or State government that
requested such supplies, support, and services before
making any obligation for the delivery of the supplies,
support, or services under an Administration
procurement contract or any other agreement.''.
<all>
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118S591
|
South China Sea and East China Sea Sanctions Act of 2023
|
[
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"Sen. Rubio, Marco [R-FL]",
"sponsor"
],
[
"C000141",
"Sen. Cardin, Benjamin L. [D-MD]",
"cosponsor"
]
] |
<html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 591 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 591
To impose sanctions with respect to the People's Republic of China in
relation to activities in the South China Sea and the East China Sea,
and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
March 1, 2023
Mr. Rubio (for himself and Mr. Cardin) introduced the following bill;
which was read twice and referred to the Committee on Foreign Relations
_______________________________________________________________________
A BILL
To impose sanctions with respect to the People's Republic of China in
relation to activities in the South China Sea and the East China Sea,
and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``South China Sea and East China Sea
Sanctions Act of 2023''.
SEC. 2. SANCTIONS WITH RESPECT TO CHINESE PERSONS RESPONSIBLE FOR
CHINA'S ACTIVITIES IN THE SOUTH CHINA SEA AND THE EAST
CHINA SEA.
(a) Initial Imposition of Sanctions.--On and after the date that is
120 days after the date of the enactment of this Act, the President may
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--
(1) is responsible for or significantly contributes to
large-scale reclamation, construction, militarization, or
ongoing supply of outposts in disputed areas of the South China
Sea;
(2) is responsible for or significantly contributes to, or
has engaged in, directly or indirectly, actions, including the
use of coercion, to inhibit another country from protecting its
sovereign rights to access offshore resources in the South
China Sea, including in such country's exclusive economic zone,
consistent with such country's rights and obligations under
international law;
(3) is responsible for or complicit in, or has engaged in,
directly or indirectly, actions that significantly threaten the
peace, security, or stability of disputed areas of the South
China Sea or areas of the East China Sea administered by Japan
or the Republic of Korea, including through the use of vessels
and aircraft by the People's Republic of China to occupy or
conduct extensive research or drilling activity in those areas;
(4) has materially assisted, sponsored, or provided
financial, material, or technological support for, or goods or
services to, or in support of, any person subject to sanctions
pursuant to paragraph (1), (2), or (3); or
(5) is owned or controlled by, or has acted for or on
behalf of, directly or indirectly, any person subject to
sanctions pursuant to paragraph (1), (2), or (3).
(b) Sanctions Described.--The sanctions that may be imposed with
respect to a person described in subsection (a) are the following:
(1) Blocking of property.--The President may, in accordance
with the International Emergency Economic Powers Act (50 U.S.C.
1701 et seq.), 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 are or come within the
possession or control of a United States person.
(2) Ineligibility for visas, admission, or parole.--
(A) Visas, admission, or parole.--In the case of an
alien, the alien may 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) may 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) may--
(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 may
direct the Secretary of State to deny a visa to, and the
Secretary of Homeland Security to exclude from the United
States, any alien that the President determines is a corporate
officer or principal of, or a shareholder with a controlling
interest in, the person.
(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 may 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 may, 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 may, pursuant to
such regulations as the President may prescribe, prohibit any
transfers of credit or payments between financial institutions
or by, through, or to any financial institution, to the extent
that such transfers or payments are subject to the jurisdiction
of the United States and involve any interest of the person.
(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) 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 subsection (b)(1).
(2) 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.
(3) Compliance with united nations headquarters
agreement.--Paragraphs (2) and (3) of subsection (b) shall not
apply if admission of an alien to 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.
(4) Exception relating to importation of goods.--
(A) In general.--The authority or a requirement to
impose sanctions under this section shall not include
the authority or a requirement to impose sanctions on
the importation of goods.
(B) Good defined.--In this paragraph, the term
``good'' means any article, natural or manmade
substance, material, supply, or manufactured product,
including inspection and test equipment, and excluding
technical data.
(d) Implementation; Penalties.--
(1) Implementation.--The President may exercise all
authorities provided under sections 203 and 205 of the
International Emergency Economic Powers Act (50 U.S.C. 1702 and
1704) to carry out this section.
(2) Penalties.--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 regulations prescribed under subsection
(b)(1) to the same extent that such penalties apply to a person
that commits an unlawful act described in subsection (a) of
such section 206.
(e) 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) Alien.--The term ``alien'' has the meaning given that
term in section 101(a) of the Immigration and Nationality Act
(8 U.S.C. 1101(a)).
(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) Person.--The term ``person'' means any individual or
entity.
(7) United states person.--The term ``United States
person'' means--
(A) a United States citizen or an alien lawfully
admitted for permanent residence to the United States;
(B) an entity organized under the laws of the
United States or of any jurisdiction within the United
States, including a foreign branch of such an entity;
or
(C) any person in the United States.
SEC. 3. SENSE OF CONGRESS REGARDING PORTRAYALS OF THE SOUTH CHINA SEA
OR THE EAST CHINA SEA AS PART OF CHINA.
It is the sense of Congress that the Government Publishing Office
should not publish any map, document, record, electronic resource, or
other paper of the United States (other than materials relating to
hearings held by committees of Congress or internal work product of a
Federal agency) portraying or otherwise indicating that it is the
position of the United States that the territory or airspace in the
South China Sea that is disputed among two or more parties or the
territory or airspace of areas administered by Japan or the Republic of
Korea, including in the East China Sea, is part of the territory or
airspace of the People's Republic of China.
SEC. 4. SENSE OF CONGRESS ON 2016 PERMANENT COURT OF ARBITRATION'S
TRIBUNAL RULING ON ARBITRATION CASE BETWEEN PHILIPPINES
AND PEOPLE'S REPUBLIC OF CHINA.
(a) Finding.--Congress finds that on July 12, 2016, a tribunal of
the Permanent Court of Arbitration found in the arbitration case
between the Philippines and the People's Republic of China under the
United Nations Convention on the Law of the Sea that the People's
Republic of China's claims, including those to offshore resources and
``historic rights'', were unlawful, and that the tribunal's ruling is
final and legally binding on both parties.
(b) Sense of Congress.--It is the sense of Congress that--
(1) the United States and the international community
should reject the unlawful claims of the People's Republic of
China within the exclusive economic zone or on the continental
shelf of the Philippines, as well as the maritime claims of the
People's Republic of China beyond a 12-nautical-mile
territorial sea from the islands it claims in the South China
Sea;
(2) the provocative behavior of the People's Republic of
China, including coercing other countries with claims in the
South China Sea and preventing those countries from accessing
offshore resources, undermines peace and stability in the South
China Sea;
(3) the international community should--
(A) support and adhere to the ruling described in
subsection (a) in compliance with international law;
and
(B) take all necessary steps to support the rules-
based international order in the South China Sea; and
(4) all claimants in the South China Sea should--
(A) refrain from engaging in destabilizing
activities, including illegal occupation or efforts to
unlawfully assert control over disputed claims;
(B) ensure that disputes are managed without
intimidation, coercion, or force;
(C) clarify or adjust claims in accordance with
international law; and
(D) uphold the principle that territorial and
maritime claims, including over territorial waters or
territorial seas, must be derived from land features
and otherwise comport with international law.
SEC. 5. REPORT ON COUNTRIES THAT RECOGNIZE CHINESE SOVEREIGNTY OVER THE
SOUTH CHINA SEA OR THE EAST CHINA SEA.
(a) In General.--Not later than 60 days after the date of the
enactment of this Act, and annually thereafter until the date that is 3
years after such date of enactment, the Secretary of State shall submit
to the Committee on Foreign Relations of the Senate and the Committee
on Foreign Affairs of the House of Representatives a report identifying
each country that the Secretary determines has taken an official and
stated position to recognize, after such date of enactment, the
sovereignty of the People's Republic of China over territory or
airspace disputed by one or more countries in the South China Sea or
the territory or airspace of areas of the East China Sea administered
by Japan or the Republic of Korea.
(b) Form.--The report required by subsection (a) shall be submitted
in unclassified form, but may include a classified annex if the
Secretary of State determines it is necessary for the national security
interests of the United States to do so.
(c) Public Availability.--The Secretary of State shall publish the
unclassified part of the report required by subsection (a) on a
publicly available website of the Department of State.
<all>
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118S592
|
DRIVE Act of 2023
|
[
[
"S000770",
"Sen. Stabenow, Debbie [D-MI]",
"sponsor"
],
[
"W000800",
"Sen. Welch, Peter [D-VT]",
"cosponsor"
],
[
"C001113",
"Sen. Cortez Masto, Catherine [D-NV]",
"cosponsor"
]
] |
<p><b>Driver Reimbursement Increase for Veteran Equity Act of 2023 or the DRIVE Act of 2023</b></p> <p>This bill increases the mileage reimbursement rate available to beneficiaries for travel to or from Department of Veterans Affairs facilities in connection with vocational rehabilitation, required counseling, or for the purpose of examination, treatment, or care. Specifically, the bill makes the reimbursement rate for such travel equal to or greater than the mileage reimbursement rate for government employees using private vehicles when no government vehicle is available.</p>
|
<html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 592 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 592
To amend title 38, United States Code, to increase the mileage rate
offered by the Department of Veterans Affairs through their Beneficiary
Travel program for health-related travel, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
March 1, 2023
Ms. Stabenow (for herself and Mr. Welch) 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 increase the mileage rate
offered by the Department of Veterans Affairs through their Beneficiary
Travel program for health-related travel, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Driver Reimbursement Increase for
Veteran Equity Act of 2023'' or the ``DRIVE Act of 2023''.
SEC. 2. PAYMENTS OR ALLOWANCES BY DEPARTMENT OF VETERANS AFFAIRS FOR
BENEFICIARY TRAVEL.
(a) Minimum Payment Amount.--Subsection (g) of section 111 of title
38, United States Code, is amended to read as follows:
``(g) The Secretary shall ensure that the mileage rate described in
subsection (a) is equal to or greater than the mileage reimbursement
rate for the use of privately owned vehicles by Government employees on
official business (when no Government vehicle is available), as
prescribed by the Administrator of General Services under section
5707(b) of title 5.''.
(b) Conforming Amendments.--Such section is further amended--
(1) in subsection (a), by striking ``(at a rate of 41.5
cents per mile)'' and inserting ``(at a rate determined in
accordance with subsection (g))''; and
(2) in subsection (b)(1), by striking ``and notwithstanding
subsection (g)(2) of this section''.
<all>
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118S593
|
Cerro de la Olla Wilderness Establishment Act
|
[
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"H001046",
"Sen. Heinrich, Martin [D-NM]",
"sponsor"
],
[
"L000570",
"Sen. Lujan, Ben Ray [D-NM]",
"cosponsor"
]
] |
<p><b>Cerro de la Olla Wilderness Establishment Act</b></p> <p>This bill designates specified federal land administered by the Bureau of Land Management in Taos County, New Mexico, comprising 12,898 acres in the Rio Grande del Norte National Monument, to be known as the Cerro de la Olla Wilderness.</p> <p>The Department of the Interior shall enter into a cooperative agreement with New Mexico that specifies, subject to certain prohibition provisions under the Wilderness Act, the terms and conditions under which wildlife management activities in the wilderness may be carried out.</p> <p>Subject to such agreement and such prohibition provisions, Interior may authorize the maintenance of any existing structure or facility for wildlife water development projects (including guzzlers) in the wilderness, if </p> <ul> <li>the structure or facility would enhance wilderness values by promoting healthy, viable, and more naturally distributed wildlife populations; and </li> <li>the visual impacts of the structure or facility on the wilderness can reasonably be minimized. </li> </ul> <p>The bill modifies the boundary of the monument. </p>
|
<html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 593 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 593
To amend the John D. Dingell, Jr. Conservation, Management, and
Recreation Act to establish the Cerro de la Olla Wilderness in the Rio
Grande del Norte National Monument and to modify the boundary of the
Rio Grande del Norte National Monument.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
March 1, 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 amend the John D. Dingell, Jr. Conservation, Management, and
Recreation Act to establish the Cerro de la Olla Wilderness in the Rio
Grande del Norte National Monument and to modify the boundary of the
Rio Grande del Norte National Monument.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Cerro de la Olla Wilderness
Establishment Act''.
SEC. 2. DESIGNATION OF CERRO DE LA OLLA WILDERNESS.
(a) Designation.--
(1) In general.--Section 1202 of the John D. Dingell, Jr.
Conservation, Management, and Recreation Act (16 U.S.C. 1132
note; Public Law 116-9; 133 Stat. 651) is amended--
(A) in the section heading, by striking ``cerro del
yuta and rio san antonio'' and inserting ``rio grande
del norte national monument'';
(B) in subsection (a), by striking paragraph (1)
and inserting the following:
``(1) Map.--The term `map' means--
``(A) for purposes of subparagraphs (A) and (B) of
subsection (b)(1), the map entitled `Rio Grande del
Norte National Monument Proposed Wilderness Areas' and
dated July 28, 2015; and
``(B) for purposes of subsection (b)(1)(C), the map
entitled `Proposed Cerro de la Olla Wilderness and Rio
Grande del Norte National Monument Boundary' and dated
June 30, 2022.''; and
(C) in subsection (b)--
(i) in paragraph (1), by adding at the end
the following:
``(C) Cerro de la olla wilderness.--Certain Federal
land administered by the Bureau of Land Management in
Taos County, New Mexico, comprising approximately
12,898 acres as generally depicted on the map, which
shall be known as the `Cerro de la Olla Wilderness'.'';
(ii) in paragraph (4), in the matter
preceding subparagraph (A), by striking ``this
Act'' and inserting ``this Act (including a
reserve common grazing allotment)'';
(iii) in paragraph (7)--
(I) by striking ``map and'' each
place it appears and inserting ``maps
and''; and
(II) in subparagraph (B), by
striking ``the legal description and
map'' and inserting ``the maps or legal
descriptions''; and
(iv) by adding at the end the following:
``(12) Wildlife water development projects in cerro de la
olla wilderness.--
``(A) In general.--Subject to subparagraph (B) and
in accordance with section 4(c) of the Wilderness Act
(16 U.S.C. 1133(c)), the Secretary may authorize the
maintenance of any structure or facility in existence
on the date of enactment of this paragraph for wildlife
water development projects (including guzzlers) in the
Cerro de la Olla Wilderness if, as determined by the
Secretary--
``(i) the structure or facility would
enhance wilderness values by promoting healthy,
viable, and more naturally distributed wildlife
populations; and
``(ii) the visual impacts of the structure
or facility on the Cerro de la Olla Wilderness
can reasonably be minimized.
``(B) Cooperative agreement.--Not later than 1 year
after the date of enactment of this paragraph, the
Secretary shall enter into a cooperative agreement with
the State of New Mexico that specifies, subject to
section 4(c) of the Wilderness Act (16 U.S.C. 1133(c)),
the terms and conditions under which wildlife
management activities in the Cerro de la Olla
Wilderness may be carried out.''.
(2) Clerical amendment.--The table of contents for the John
D. Dingell, Jr. Conservation, Management, and Recreation Act
(Public Law 116-9; 133 Stat. 581) is amended by striking the
item relating to section 1202 and inserting the following:
``Sec. 1202. Rio Grande del Norte National Monument Wilderness
Areas.''.
(b) Rio Grande Del Norte National Monument Boundary Modification.--
The boundary of the Rio Grande del Norte National Monument in the State
of New Mexico is modified, as depicted on the map entitled ``Proposed
Cerro de la Olla Wilderness and Rio Grande del Norte National Monument
Boundary'' and dated June 30, 2022.
<all>
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118S594
|
Continental Divide Trail Completion Act
|
[
[
"H001046",
"Sen. Heinrich, Martin [D-NM]",
"sponsor"
],
[
"D000618",
"Sen. Daines, Steve [R-MT]",
"cosponsor"
]
] |
<p><strong>Continental Divide Trail Completion Act</strong></p> <p>This bill directs the Department of Agriculture (USDA) and the Department of the Interior to complete the Continental Divide National Scenic Trail by November 10, 2028.</p> <p>USDA and Interior must establish a joint Forest Service and Bureau of Land Management trail completion team to work in coordination with the administrator of the trail to facilitate its completion and optimization.</p> <p>USDA must submit to specified congressional committees a comprehensive development plan for the trail.</p>
|
<html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 594 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 594
To require the Secretary of Agriculture and the Secretary of the
Interior to prioritize the completion of the Continental Divide
National Scenic Trail, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
March 1, 2023
Mr. Heinrich (for himself and Mr. Daines) introduced the following
bill; which was read twice and referred to the Committee on Energy and
Natural Resources
_______________________________________________________________________
A BILL
To require the Secretary of Agriculture and the Secretary of the
Interior to prioritize the completion of the Continental Divide
National Scenic Trail, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Continental Divide Trail Completion
Act''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Acequia.--The term ``acequia'' has the meaning given
the term ``community ditch'' in New Mexico Stat. 73-2-27.
(2) Land grant-merced.--The term ``land grant-merced''
means a community land grant issued under the laws or customs
of the Government of Spain or Mexico that is recognized under
chapter 49 of New Mexico Stat. (or a successor statute).
(3) Optimal location review.--The term ``optimal location
review'' means a review conducted in accordance with the
process described in the guide entitled ``Continental Divide
National Scenic Trail Optimal Location Review Guide'' and dated
November 2017.
(4) Secretaries.--The term ``Secretaries'' means each of
the Secretary and the Secretary of the Interior.
(5) Secretary.--The term ``Secretary'' means the Secretary
of Agriculture, acting through the Chief of the Forest Service.
(6) Team.--The term ``Team'' means the joint Forest Service
and Bureau of Land Management Trail completion team established
under section 3(b).
(7) Trail.--The term ``Trail'' means the Continental Divide
National Scenic Trail established by section 5(a)(5) of the
National Trails System Act (16 U.S.C. 1244(a)(5)).
SEC. 3. CONTINENTAL DIVIDE NATIONAL SCENIC TRAIL.
(a) Completion of Trail.--
(1) In general.--Not later than November 10, 2028, the
Secretaries shall, to the maximum extent practicable, ensure
the completion of the Trail as a contiguous route, consistent
with sections 3(a)(2), 5(a)(5), and 7 of the National Trails
System Act (16 U.S.C. 1242(a)(2), 1244(a)(5), 1246).
(2) Required activities.--The Secretaries shall, to the
maximum extent practicable, carry out necessary activities to
achieve the goal described in paragraph (1), including the
following activities, in the following order of priority:
(A) Complete the Trail by acquiring land or an
interest in land, entering into easement agreements, or
encouraging a State or local government to enter into a
cooperative agreement to acquire any interest in land,
that is necessary--
(i) to eliminate gaps between sections of
the Trail; and
(ii) to maintain the nature and purposes of
the Trail.
(B) If appropriate and supported by local affected
stakeholders, optimize the Trail by relocating,
consistent with the nature and purposes of the Trail,
existing incompatible portions of the Trail onto
Federal land as necessary to provide for--
(i) maximum outdoor recreation potential;
(ii) the conservation and enjoyment of the
nationally significant scenic, historic,
natural, or cultural qualities of the areas
through which the Trail passes;
(iii) continuity in land ownership, if
desired by the owner of the affected land; and
(iv) segments of the Trail that are
comparable in length to the segments of the
Trail being relocated.
(C) Publish maps of the completed corridor of the
Trail.
(b) Trail Completion Team.--
(1) In general.--In carrying out subsection (a), not later
than 1 year after the date of enactment of this Act, the
Secretaries shall establish a joint Forest Service and Bureau
of Land Management Trail completion team to work in
coordination with the administrator of the Trail to facilitate
the completion and optimization of the Trail, pursuant to the
purposes of section 3(a)(2) of the National Trails System Act
(16 U.S.C. 1242(a)(2)), consistent with the nature and purposes
of the Trail.
(2) Duties of the team.--The Team shall--
(A) carry out land and right-of-way acquisitions,
easement acquisitions, relocations, and Trail
construction activities, consistent with any optimal
location reviews, giving priority to land that--
(i) eliminates gaps between segments of the
Trail;
(ii) may be acquired for the Trail by the
Secretary or the Secretary of the Interior by--
(I) purchase from a willing seller;
(II) donation;
(III) exchange;
(IV) cooperative agreement; or
(V) easement agreement;
(iii) is best suited for inclusion in the
Trail corridor in accordance with the purposes,
policy, and provisions of the National Trails
System Act (16 U.S.C. 1241 et seq.);
(iv) if appropriate and supported by local
affected stakeholders, has been identified as a
segment of the Trail on Federal land that
should be relocated to provide for maximum
outdoor recreation potential and the
conservation and enjoyment of the nationally
significant scenic, historic, natural, or
cultural qualities of the areas through which
the Trail passes;
(v) mitigates land use conflicts;
(vi) would support the development of rural
communities through use as a trail; and
(vii) minimizes the distance to connect
compatible segments of the Trail;
(B) provide the necessary administrative and
technical support to complete conveyances of the Trail
corridor under subsection (a);
(C) as appropriate, consult with other Federal
agencies, Governors of the affected States, affected
Indian Tribes, local governments, affected land owners,
land-grant mercedes, acequias, and applicable owners or
users of a land grant-merced or acequia, the
Continental Divide Trail Coalition, and other volunteer
and nonprofit organizations that assist in the
development, maintenance, and management of the Trail;
and
(D) support the Secretary in the development of the
comprehensive development plan for the Trail under
subsection (c) and annual reports under subsection (f).
(c) Comprehensive Development Plan.--
(1) In general.--Not later than 2 years after the date of
establishment of the Team under subsection (b), the Secretary
shall submit to the Committee on Energy and Natural Resources
of the Senate and the Committee on Natural Resources of the
House of Representatives a comprehensive development plan for
the Trail.
(2) Recommended inclusions.--The plan submitted under
paragraph (1) should--
(A) identify any gaps in the Trail with respect to
which the Secretaries have not been able to acquire
land or interests in land by purchase from a willing
seller, donation, exchange, cooperative agreement, or
easement agreement;
(B) include a plan for closing the gaps identified
under paragraph (1) by acquiring land or interests in
land or entering into an easement agreement; and
(C) include general and site-specific development
plans, including anticipated costs.
(d) Method of Acquisition.--In carrying out this section, the
Secretaries--
(1) may acquire land or an interest in land only by--
(A) purchase from a willing seller with donated or
appropriated funds;
(B) donation;
(C) exchange;
(D) cooperative agreement; or
(E) easement agreement; and
(2) may not acquire land or an interest in land by eminent
domain.
(e) Maintaining Existing Partnerships.--In carrying out this
section, the Secretaries shall continue to maintain and develop working
relationships with volunteer and nonprofit organizations that assist in
the development, maintenance, and management of the Trail.
(f) Reports.--Not later than September 30, 2024, and not later than
the end of each fiscal year thereafter until the date on which the
comprehensive development plan for the Trail is determined by the
Secretary to be fully implemented, the Secretary shall submit to the
Committee on Energy and Natural Resources of the Senate and the
Committee on Natural Resources of the House of Representatives a report
that includes the following:
(1) A description of the progress of the Secretaries in
acquiring land or interests in land to complete the Trail
consistent with this Act.
(2) The quantity of land or interests in land acquired
during the fiscal year and the amount expended for the land or
interests in land.
(3) The quantity of land or interests in land planned for
acquisition in the subsequent fiscal year and the estimated
cost of the land or interests in land.
(4) The estimated quantity of land or interests in land
remaining to be acquired after taking into account the
acquisitions under paragraphs (2) and (3).
(5) The existing number of miles of the Trail on Federal
land that need to be relocated to provide for--
(A) maximum outdoor recreation potential; and
(B) conservation and enjoyment of the nationally
significant scenic, historic, natural, or cultural
qualities of the areas through which the Trail passes.
<all>
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118S595
|
Rio San José and Rio Jemez Water Settlements Act of 2023
|
[
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"H001046",
"Sen. Heinrich, Martin [D-NM]",
"sponsor"
],
[
"L000570",
"Sen. Lujan, Ben Ray [D-NM]",
"cosponsor"
]
] |
<html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 595 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 595
To approve the settlement of water rights claims of the Pueblos of
Acoma and Laguna in the Rio San Jose Stream System and the Pueblos of
Jemez and Zia in the Rio Jemez Stream System in the State of New
Mexico, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
March 1, 2023
Mr. Heinrich (for himself and Mr. Lujan) introduced the following bill;
which was read twice and referred to the Committee on Indian Affairs
_______________________________________________________________________
A BILL
To approve the settlement of water rights claims of the Pueblos of
Acoma and Laguna in the Rio San Jose Stream System and the Pueblos of
Jemez and Zia in the Rio Jemez Stream System in the State of New
Mexico, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Rio San Jose and
Rio Jemez Water Settlements Act of 2023''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
TITLE I--PUEBLOS OF ACOMA AND LAGUNA WATER RIGHTS SETTLEMENT
Sec. 101. Purposes.
Sec. 102. Definitions.
Sec. 103. Ratification of Agreement.
Sec. 104. Pueblo Water Rights.
Sec. 105. Settlement trust funds.
Sec. 106. Funding.
Sec. 107. Enforceability Date.
Sec. 108. Waivers and releases of claims.
Sec. 109. Satisfaction of claims.
Sec. 110. Consent of United States to jurisdiction for judicial review
of a Pueblo Water Right permit decision.
Sec. 111. Miscellaneous provisions.
Sec. 112. Antideficiency.
TITLE II--PUEBLOS OF JEMEZ AND ZIA WATER RIGHTS SETTLEMENT
Sec. 201. Purposes.
Sec. 202. Definitions.
Sec. 203. Ratification of Agreement.
Sec. 204. Pueblo Water Rights.
Sec. 205. Settlement trust funds.
Sec. 206. Funding.
Sec. 207. Enforceability date.
Sec. 208. Waivers and releases of claims.
Sec. 209. Satisfaction of claims.
Sec. 210. Miscellaneous provisions.
Sec. 211. Antideficiency.
TITLE I--PUEBLOS OF ACOMA AND LAGUNA WATER RIGHTS SETTLEMENT
SEC. 101. PURPOSES.
The purposes of this title are--
(1) to achieve a fair, equitable, and final settlement of
all issues and controversies concerning claims to water rights
in the general stream adjudication of the Rio San Jose Stream
System captioned ``State of New Mexico, ex rel. State Engineer
v. Kerr-McGee, et al.'', No. D-1333-CV-1983-00190 and No. D-
1333-CV1983-00220 (consolidated), pending in the Thirteenth
Judicial District Court for the State of New Mexico, for--
(A) the Pueblo of Acoma;
(B) the Pueblo of Laguna; and
(C) the United States, acting as trustee for the
Pueblos of Acoma and Laguna;
(2) to authorize, ratify, and confirm the agreement entered
into by the Pueblos, the State, and various other parties to
the Agreement, to the extent that the Agreement is consistent
with this title;
(3) to authorize and direct the Secretary--
(A) to execute the Agreement; and
(B) to take any other actions necessary to carry
out the Agreement in accordance with this title; and
(4) to authorize funds necessary for the implementation of
the Agreement and this title.
SEC. 102. DEFINITIONS.
In this title:
(1) Acequia.--The term ``Acequia'' means each of the
Bluewater Toltec Irrigation District, La Acequia Madre del Ojo
del Gallo, Moquino Water Users Association II, Murray Acres
Irrigation Association, San Mateo Irrigation Association,
Seboyeta Community Irrigation Association, Cubero Acequia
Association, Cebolletita Acequia Association, and Community
Ditch of San Jose de la Cienega.
(2) Adjudication.--The term ``Adjudication'' means the
general adjudication of water rights entitled ``State of New
Mexico, ex rel. State Engineer v. Kerr-McGee, et al.'', No. D-
1333-CV-1983-00190 and No. D-1333-CV1983-00220 (consolidated)
pending, as of the date of enactment of this Act, in the Decree
Court.
(3) Agreement.--The term ``Agreement'' means--
(A) the document entitled ``Rio San Jose Stream
System Water Rights Local Settlement Agreement Among
the Pueblo of Acoma, the Pueblo of Laguna, the Navajo
Nation, the State of New Mexico, the City of Grants,
the Village of Milan, the Association of Community
Ditches of the Rio San Jose and Nine Individual
Acequias and Community Ditches'' and dated May 13,
2022, and the attachments thereto; and
(B) any amendment to the document referred to in
subparagraph (A) (including an amendment to an
attachment thereto) that is executed to ensure that the
Agreement is consistent with this title.
(4) Allotment.--The term ``Allotment'' means a parcel of
land that is--
(A) located within--
(i) the Rio Puerco Basin;
(ii) the Rio San Jose Stream System; or
(iii) the Rio Salado Basin; and
(B) held in trust by the United States for the
benefit of 1 or more individual Indians.
(5) Allottee.--The term ``Allottee'' means an individual
with a beneficial interest in an Allotment.
(6) Decree court.--The term ``Decree Court'' means the
Thirteenth Judicial District Court of the State of New Mexico.
(7) Enforceability date.--The term ``Enforceability Date''
means the date described in section 107.
(8) Partial final judgment and decree.--The term ``Partial
Final Judgment and Decree'' means a final or interlocutory
partial final judgment and decree entered by the Decree Court
with respect to the water rights of the Pueblos--
(A) that is substantially in the form described in
article 14.7.2 of the Agreement, as amended to ensure
consistency with this title; and
(B) from which no further appeal may be taken.
(9) Pueblo.--The term ``Pueblo'' means either of--
(A) the Pueblo of Acoma; or
(B) the Pueblo of Laguna.
(10) Pueblo land.--
(A) In general.--The term ``Pueblo Land'' means any
real property--
(i) in the Rio San Jose Stream System that
is held by the United States in trust for
either Pueblo, or owned by either Pueblo, as of
the Enforceability Date;
(ii) in the Rio Salado Basin that is held
by the United States in trust for the Pueblo of
Acoma, or owned by the Pueblo of Acoma, as of
the Enforceability Date; or
(iii) in the Rio Puerco Basin that is held
by the United States in trust for the Pueblo of
Laguna, or owned by the Pueblo of Laguna, as of
the Enforceability Date.
(B) Inclusions.--The term ``Pueblo Land'' includes
land placed in trust with the United States subsequent
to the Enforceability Date for either Pueblo in the Rio
San Jose Stream System, for the Pueblo of Acoma in the
Rio Salado Basin, or for the Pueblo of Laguna in the
Rio Puerco Basin.
(11) Pueblo trust fund.--The term ``Pueblo Trust Fund''
means--
(A) the Pueblo of Acoma Settlement Trust Fund
established by section 105(a);
(B) the Pueblo of Laguna Settlement Trust Fund
established by that section; and
(C) the Acomita Reservoir Works Trust Fund
established by that section.
(12) Pueblo water rights.--The term ``Pueblo Water Rights''
means--
(A) the respective water rights of the Pueblos in
the Rio San Jose Stream System--
(i) as identified in the Agreement and
section 104; and
(ii) as confirmed in the Partial Final
Judgment and Decree;
(B) the water rights of the Pueblo of Acoma in the
Rio Salado Basin; and
(C) the water rights of the Pueblo of Laguna in the
Rio Puerco Basin, as identified in the Agreement and
section 104.
(13) Pueblos.--The term ``Pueblos'' means--
(A) the Pueblo of Acoma; and
(B) the Pueblo of Laguna.
(14) Rio puerco basin.--The term ``Rio Puerco Basin'' means
the area defined by the United States Geological Survey
Hydrologic Unit Codes (HUC) 13020204 (Rio Puerco subbasin) and
13020205 (Arroyo Chico subbasin), including the hydrologically
connected groundwater.
(15) Rio san jose stream system.--The term ``Rio San Jose
Stream System'' means the geographic extent of the area
involved in the Adjudication pursuant to the description filed
in the Decree Court on November 21, 1986.
(16) Rio salado basin.--The term ``Rio Salado Basin'' means
the area defined by the United States Geological Survey
Hydrologic Unit Code (HUC) 13020209 (Rio Salado subbasin),
including the hydrologically connected groundwater.
(17) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(18) Signatory acequia.--The term ``Signatory Acequia''
means an acequia that is a signatory to the Agreement.
(19) State.--The term ``State'' means the State of New
Mexico and all officers, agents, departments, and political
subdivisions of the State of New Mexico.
SEC. 103. RATIFICATION OF AGREEMENT.
(a) Ratification.--
(1) In general.--Except as modified by this title and to
the extent the Agreement does not conflict with this title, the
Agreement is authorized, ratified, and confirmed.
(2) Amendments.--If an amendment to the Agreement or any
attachment to the Agreement requiring the signature of the
Secretary is executed in accordance with this title to make the
Agreement consistent with this title, the amendment is
authorized, ratified, and confirmed.
(b) Execution.--
(1) In general.--To the extent the Agreement does not
conflict with this title, the Secretary shall execute the
Agreement, including all attachments to or parts of the
Agreement requiring the signature of the Secretary.
(2) Modifications.--Nothing in this title prohibits the
Secretary, after execution of the Agreement, from approving any
modification to the Agreement, including an attachment to the
Agreement, that is consistent with this title, to the extent
that the modification does not otherwise require congressional
approval under section 2116 of the Revised Statutes (25 U.S.C.
177) or any other applicable provision of Federal law.
(c) Environmental Compliance.--
(1) In general.--In implementing the Agreement and this
title, the Secretary shall comply with--
(A) the Endangered Species Act of 1973 (16 U.S.C.
1531 et seq.);
(B) the National Environmental Policy Act of 1969
(42 U.S.C. 4321 et seq.), including the implementing
regulations of that Act; and
(C) all other applicable Federal environmental laws
and regulations.
(2) Compliance.--
(A) In general.--In implementing the Agreement and
this title, the Pueblos shall prepare any necessary
environmental documents consistent with--
(i) the Endangered Species Act of 1973 (16
U.S.C. 1531 et seq.);
(ii) the National Environmental Policy Act
of 1969 (42 U.S.C. 4321 et seq.), including the
implementing regulations of that Act; and
(iii) all other applicable Federal
environmental laws and regulations.
(B) Authorizations.--The Secretary shall--
(i) independently evaluate the
documentation required under subparagraph (A);
and
(ii) be responsible for the accuracy,
scope, and contents of that documentation.
(3) Effect of execution.--The execution of the Agreement by
the Secretary under this section shall not constitute a major
Federal action under the National Environmental Policy Act of
1969 (42 U.S.C. 4321 et seq.).
(4) Costs.--Any costs associated with the performance of
the compliance activities under subsection (c) shall be paid
from funds deposited in the Pueblo Trust Funds, subject to the
condition that any costs associated with the performance of
Federal approval or other review of such compliance work or
costs associated with inherently Federal functions shall remain
the responsibility of the Secretary.
SEC. 104. PUEBLO WATER RIGHTS.
(a) Trust Status of the Pueblo Water Rights.--The Pueblo Water
Rights shall be held in trust by the United States on behalf of the
Pueblos in accordance with the Agreement and this title.
(b) Forfeiture and Abandonment.--
(1) In general.--The Pueblo Water Rights shall not be
subject to loss through non-use, forfeiture, abandonment, or
other operation of law.
(2) State-law based water rights.--Pursuant to the
Agreement, State-law based water rights acquired by a Pueblo,
or by the United States on behalf of a Pueblo, after the date
for inclusion in the Partial Final Judgment and Decree, shall
not be subject to forfeiture, abandonment, or permanent
alienation from the time they are acquired.
(c) Use.--Any use of the Pueblo Water Rights shall be subject to
the terms and conditions of the Agreement and this title.
(d) Allotment Rights Not Included.--The Pueblo Water Rights shall
not include any water uses or water rights claims on an Allotment.
(e) Authority of the Pueblos.--
(1) In general.--The Pueblos shall have the authority to
allocate, distribute, and lease the Pueblo Water Rights for use
on Pueblo Land in accordance with the Agreement, this title,
and applicable Federal law.
(2) Use off pueblo land.--The Pueblos may allocate,
distribute, and lease the Pueblo Water Rights for use off
Pueblo Land in accordance with the Agreement, this title, and
applicable Federal law, subject to the approval of the
Secretary.
(3) Allottee water rights.--The Pueblos shall not object in
any general stream adjudication, including the Adjudication, or
any other appropriate forum, to the quantification of
reasonable domestic, stock, and irrigation water uses on an
Allotment, and shall administer any water use in accordance
with applicable Federal law, including recognition of--
(A) any water use existing on an Allotment as of
the date of enactment of this Act;
(B) reasonable domestic, stock, and irrigation
water uses on an Allotment; and
(C) any Allotment water right decreed in a general
stream adjudication, including the Adjudication, or
other appropriate forum, for an Allotment.
(f) Administration.--
(1) No alienation.--The Pueblos shall not permanently
alienate any portion of the Pueblo Water Rights.
(2) Purchases or grants of land from indians.--An
authorization provided by this title for the allocation,
distribution, leasing, or other arrangement entered into
pursuant to this title shall be considered to satisfy any
requirement for authorization of the action required by Federal
law.
(3) Prohibition on forfeiture.--The non-use of all or any
portion of the Pueblo Water Rights by any water user shall not
result in the forfeiture, abandonment, relinquishment, or other
loss of all or any portion of the Pueblo Water Rights.
SEC. 105. SETTLEMENT TRUST FUNDS.
(a) Establishment.--The Secretary shall establish 2 trust funds, to
be known as the ``Pueblo of Acoma Settlement Trust Fund'' and the
``Pueblo of Laguna Settlement Trust Fund'', and a trust fund for the
benefit of both Pueblos to be known as the ``Acomita Reservoir Works
Trust Fund'', to be managed, invested, and distributed by the Secretary
and to remain available until expended, withdrawn, or reverted to the
general fund of the Treasury, consisting of the amounts deposited in
the Pueblo Trust Funds under subsection (c), together with any
investment earnings, including interest, earned on those amounts, for
the purpose of carrying out this title.
(b) Accounts.--
(1) Pueblo of acoma settlement trust fund.--The Secretary
shall establish in the Pueblo of Acoma Settlement Trust Fund
the following accounts:
(A) The Water Rights Settlement Account.
(B) The Water Infrastructure Operations and
Maintenance Account.
(C) The Feasibility Studies Settlement Account.
(2) Pueblo of laguna settlement trust fund.--The Secretary
shall establish in the Pueblo of Laguna Settlement Trust Fund
the following accounts:
(A) The Water Rights Settlement Account.
(B) The Water Infrastructure Operations and
Maintenance Account.
(C) The Feasibility Studies Settlement Account.
(c) Deposits.--The Secretary shall deposit in each Pueblo Trust
Fund the amounts made available pursuant to section 106(a).
(d) Management and Interest.--
(1) Management.--On receipt and deposit of funds into the
Pueblo Trust Funds under subsection (c), the Secretary shall
manage, invest, and distribute all amounts in the Pueblo Trust
Funds in a manner that is consistent with the investment
authority of the Secretary under--
(A) the first section of the Act of June 24, 1938
(25 U.S.C. 162a);
(B) the American Indian Trust Fund Management
Reform Act of 1994 (25 U.S.C. 4001 et seq.); and
(C) this subsection.
(2) Investment earnings.--In addition to the deposits made
to each Pueblo Trust Fund under subsection (c), any investment
earnings, including interest, earned on those amounts held in
each Pueblo Trust Fund are authorized to be used in accordance
with subsections (f) and (h).
(e) Availability of Amounts.--
(1) In general.--Amounts appropriated to, and deposited in,
each Pueblo Trust Fund, including any investment earnings
(including interest) earned on those amounts, shall be made
available to the Pueblo or Pueblos by the Secretary beginning
on the Enforceability Date, subject to the requirements of this
section, except for those funds to be made available to the
Pueblos pursuant to paragraph (2).
(2) Use of funds.--Notwithstanding paragraph (1)--
(A) amounts deposited in the Feasibility Studies
Settlement Account of each Pueblo Trust Fund, including
any investment earnings, including interest, earned on
those amounts shall be available to the Pueblo on the
date on which the amounts are deposited for uses
described in subsection (h)(3), and in accordance with
the Agreement;
(B) amounts deposited in the Acomita Reservoir
Works Trust Fund, including any investment earnings,
including interest, earned on those amounts shall be
available to the Pueblos on the date on which the
amounts are deposited for uses described in subsection
(h)(4), and in accordance with the Agreement; and
(C) up to $15,000,000 from the Water Rights
Settlement Account for each Pueblo shall be available
on the date on which the amounts are deposited for
installing, on Pueblo Lands, groundwater wells to meet
immediate domestic, commercial, municipal and
industrial water needs, and associated environmental,
cultural, and historical compliance.
(f) Withdrawals.--
(1) Withdrawals under the american indian trust fund
management reform act of 1994.--
(A) In general.--Each Pueblo may withdraw any
portion of the amounts in its respective Settlement
Trust Fund on approval by the Secretary of a Tribal
management plan submitted by each Pueblo in accordance
with the American Indian Trust Fund Management Reform
Act of 1994 (25 U.S.C. 4001 et seq.).
(B) Requirements.--In addition to the requirements
under the American Indian Trust Fund Management Reform
Act of 1994 (25 U.S.C. 4001 et seq.), the Tribal
management plan under this paragraph shall require that
the appropriate Pueblo shall spend all amounts
withdrawn from each Pueblo Trust Fund, and any
investment earnings (including interest) earned on
those amounts through the investments under the Tribal
management plan, in accordance with this title.
(C) Enforcement.--The Secretary may carry out such
judicial and administrative actions as the Secretary
determines to be necessary to enforce the Tribal
management plan under this paragraph to ensure that
amounts withdrawn by each Pueblo from the Pueblo Trust
Funds under subparagraph (A) are used in accordance
with this title.
(2) Withdrawals under expenditure plan.--
(A) In general.--Each Pueblo may submit to the
Secretary a request to withdraw funds from the Pueblo
Trust Fund of the Pueblo pursuant to an approved
expenditure plan.
(B) Requirements.--To be eligible to withdraw
amounts under an expenditure plan under subparagraph
(A), the appropriate Pueblo shall submit to the
Secretary an expenditure plan for any portion of the
Pueblo Trust Fund that the Pueblo elects to withdraw
pursuant to that subparagraph, subject to the condition
that the amounts shall be used for the purposes
described in this title.
(C) Inclusions.--An expenditure plan under this
paragraph shall include a description of the manner and
purpose for which the amounts proposed to be withdrawn
from the Pueblo Trust Fund will be used by the Pueblo,
in accordance with this subsection and subsection (h).
(D) Approval.--The Secretary shall approve an
expenditure plan submitted under subparagraph (A) if
the Secretary determines that the plan--
(i) is reasonable; and
(ii) is consistent with, and will be used
for, the purposes of this title.
(E) Enforcement.--The Secretary may carry out such
judicial and administrative actions as the Secretary
determines to be necessary to enforce an expenditure
plan to ensure that amounts disbursed under this
paragraph are used in accordance with this title.
(3) Withdrawals from acomita reservoir works trust fund.--
(A) In general.--A Pueblo may submit to the
Secretary a request to withdraw funds from the Acomita
Reservoir Works Trust Fund pursuant to an approved
joint expenditure plan.
(B) Requirements.--
(i) In general.--To be eligible to withdraw
amounts under a joint expenditure plan under
subparagraph (A), the Pueblos shall submit to
the Secretary a joint expenditure plan for any
portion of the Acomita Reservoir Works Trust
Fund that the Pueblos elect to withdraw
pursuant to this subparagraph, subject to the
condition that the amounts shall be used for
the purposes described in subsection (h)(4).
(ii) Written resolution.--Each request to
withdraw amounts under a joint expenditure plan
submitted under clause (i) shall be accompanied
by a written resolution from the Tribal
councils of both Pueblos approving the
requested use and disbursement of funds.
(C) Inclusions.--A joint expenditure plan under
this paragraph shall include a description of the
manner and purpose for which the amounts proposed to be
withdrawn from the Acomita Reservoir Works Trust Fund
will be used by the Pueblo or Pueblos to whom the funds
will be disbursed, in accordance with subsection
(h)(4).
(D) Approval.--The Secretary shall approve a joint
expenditure plan submitted under subparagraph (A) if
the Secretary determines that the plan--
(i) is reasonable; and
(ii) is consistent with, and will be used
for, the purposes of this title.
(E) Enforcement.--The Secretary may carry out such
judicial and administrative actions as the Secretary
determines to be necessary to enforce a joint
expenditure plan to ensure that amounts disbursed under
this paragraph are used in accordance with this title.
(g) Effect of Section.--Nothing in this section gives the Pueblos
the right to judicial review of a determination of the Secretary
relating to whether to approve a Tribal management plan under paragraph
(1) of subsection (f) or an expenditure plan under paragraph (2) or (3)
of that subsection, except under subchapter II of chapter 5, of title
5, United States Code, and chapter 7 of title 5, United States Code
(commonly known as the ``Administrative Procedure Act'').
(h) Uses.--
(1) Water rights settlement account.--The Water Rights
Settlement Account for each Pueblo may only be used for the
following purposes:
(A) Acquiring water rights or water supply.
(B) Planning, permitting, designing, engineering,
constructing, reconstructing, replacing,
rehabilitating, operating, or repairing water
production, treatment, or delivery infrastructure,
including for domestic and municipal use, on-farm
improvements, or wastewater infrastructure.
(C) Pueblo Water Rights management and
administration.
(D) Watershed protection and enhancement, support
of agriculture, water-related Pueblo community welfare
and economic development, and costs relating to
implementation of the Agreement.
(E) Environmental compliance in the development and
construction of infrastructure under this title.
(2) Water infrastructure operations and maintenance trust
account.--The Water Infrastructure Operations and Maintenance
Account for each Pueblo may only be used to pay costs for
operation and maintenance of water infrastructure to serve
Pueblo domestic, commercial, municipal, and industrial water
uses from any water source.
(3) Feasibility studies settlement account.--The
Feasibility Studies Settlement Account for each Pueblo may only
be used to pay costs for feasibility studies of water supply
infrastructure to serve Pueblo domestic, commercial, municipal,
and industrial water uses from any water source.
(4) Acomita reservoir works trust fund.--The Acomita
Reservoir Works Trust Fund may only be used for planning,
permitting, designing, engineering, constructing,
reconstructing, replacing, rehabilitating, maintaining, or
repairing Acomita reservoir, its dam, inlet works, outlet
works, and the North Acomita Ditch from the Acomita Reservoir
outlet on the Pueblo of Acoma through its terminus on the
Pueblo of Laguna.
(i) Liability.--The Secretary and the Secretary of the Treasury
shall not be liable for the expenditure or investment of any amounts
withdrawn from the Pueblo Trust Funds by a Pueblo under paragraph (1),
(2), or (3) of subsection (f).
(j) Expenditure Reports.--Each Pueblo shall annually submit to the
Secretary an expenditure report describing accomplishments and amounts
spent from use of withdrawals under a Tribal management plan or an
expenditure plan under paragraph (1), (2), or (3) of subsection (f), as
applicable.
(k) No Per Capita Distributions.--No portion of the Pueblo Trust
Funds shall be distributed on a per capita basis to any member of a
Pueblo.
(l) Title to Infrastructure.--Title to, control over, and operation
of any project constructed using funds from the Pueblo Trust Funds
shall remain in the appropriate Pueblo or Pueblos.
(m) Operation, Maintenance, and Replacement.--All operation,
maintenance, and replacement costs of any project constructed using
funds from the Pueblo Trust Funds shall be the responsibility of the
appropriate Pueblo or Pueblos.
SEC. 106. FUNDING.
(a) Mandatory Appropriations.--Out of any money in the Treasury not
otherwise appropriated, the Secretary of the Treasury shall transfer to
the Secretary the following amounts for the following accounts:
(1) Pueblo of acoma settlement trust fund.--
(A) The water rights settlement account.--
$296,000,000, to remain available until expended,
withdrawn, or reverted to the general fund of the
Treasury.
(B) The water infrastructure operations and
maintenance account.--$14,000,000, to remain available
until expended, withdrawn, or reverted to the general
fund of the Treasury.
(C) The feasibility studies settlement account.--
$1,750,000, to remain available until expended,
withdrawn, or reverted to the general fund of the
Treasury.
(2) Pueblo of laguna settlement trust fund.--
(A) The water rights settlement account.--
$464,000,000, to remain available until expended,
withdrawn, or reverted to the general fund of the
Treasury.
(B) The water infrastructure operations and
maintenance account.--$26,000,000, to remain available
until expended, withdrawn, or reverted to the general
fund of the Treasury.
(C) The feasibility studies settlement account.--
$3,250,000, to remain available until expended,
withdrawn, or reverted to the general fund of the
Treasury.
(3) Acomita reservoir works trust fund.--$45,000,000, to
remain available until expended, withdrawn, or reverted to the
general fund of the Treasury.
(b) Fluctuations in Costs.--
(1) In general.--The amounts appropriated under subsection
(a) shall be increased or decreased, as appropriate, by such
amounts as may be justified by reason of ordinary fluctuations
in costs, as indicated by the Bureau of Reclamation
Construction Cost Index-Composite Trend.
(2) Construction costs adjustment.--The amounts
appropriated under subsection (a) shall be adjusted to address
construction cost changes necessary to account for unforeseen
market volatility that may not otherwise be captured by
engineering cost indices, as determined by the Secretary,
including repricing applicable to the types of construction and
current industry standards involved.
(3) Repetition.--The adjustment process under this
subsection shall be repeated for each subsequent amount
appropriated until the applicable amount, as adjusted, has been
appropriated.
(4) Period of indexing.--The period of indexing and
adjustment under this subsection for any increment of funding
shall start on October 1, 2021, and shall end on the date on
which funds are deposited in the applicable Pueblo Trust Fund.
(c) State Cost Share.--Pursuant to the Agreement, the State shall
contribute--
(1) $23,500,000, as adjusted for inflation pursuant to the
Agreement, for the Joint Grants-Milan Project for Water Re-Use,
Water Conservation and Augmentation of the Rio San Jose, the
Village of Milan Projects Fund, and the City of Grants Projects
Fund;
(2) $12,000,000, as adjusted for the inflation pursuant to
the Agreement, for Signatory Acequias Projects and Offset
Projects Fund for the Association of Community Ditches of the
Rio San Jose; and
(3) $500,000, as adjusted for inflation pursuant to the
Agreement, to mitigate impairment to non-Pueblo domestic and
livestock groundwater rights as a result of new Pueblo water
use.
SEC. 107. ENFORCEABILITY DATE.
The Enforceability Date shall be the date on which the Secretary
publishes in the Federal Register a statement of findings that--
(1) to the extent that the Agreement conflicts with this
title, the Agreement has been amended to conform with this
title;
(2) the Agreement, as amended, has been executed by all
parties to the Agreement, including the United States;
(3) all of the amounts appropriated under section 106 have
been appropriated and deposited in the designated accounts of
the Pueblo Trust Fund;
(4) the State has--
(A) provided the funding under section 106(c)(3)
into appropriate funding accounts;
(B) provided the funding under paragraphs (1) and
(2) of section 106(c) into appropriate funding accounts
or entered into funding agreements with the intended
beneficiaries for funding under those paragraphs of
that section; and
(C) enacted legislation to amend State law to
provide that a Pueblo Water Right may be leased for a
term not to exceed 99 years, including renewals;
(5) the Decree Court has approved the Agreement and has
entered a Partial Final Judgment and Decree; and
(6) the waivers and releases under section 108 have been
executed by the Pueblos and the Secretary.
SEC. 108. WAIVERS AND RELEASES OF CLAIMS.
(a) Waivers and Releases of Claims by Pueblos and the United States
as Trustee for Pueblos.--Subject to the reservation of rights and
retention of claims under subsection (d), as consideration for
recognition of the Pueblo Water Rights and other benefits described in
the Agreement and this title, the Pueblos and the United States, acting
as trustee for the Pueblos, shall execute a waiver and release of all
claims for--
(1) water rights within the Rio San Jose Stream System that
the Pueblos, or the United States acting as trustee for the
Pueblos, asserted or could have asserted in any proceeding,
including the Adjudication, on or before the Enforceability
Date, except to the extent that such rights are recognized in
the Agreement and this title; and
(2) damages, losses, or injuries to water rights or claims
of interference with, diversion of, or taking of water rights
(including claims for injury to land resulting from such
damages, losses, injuries, interference with, diversion, or
taking of water rights) in waters in the Rio San Jose Stream
System against any party to the Agreement, including the
members and parciantes of Signatory Acequias, that accrued at
any time up to and including the Enforceability Date.
(b) Waivers and Releases of Claims by Pueblos Against United
States.--Subject to the reservation of rights and retention of claims
under subsection (d), the Pueblos shall execute a waiver and release of
all claims against the United States (including any agency or employee
of the United States) first arising before the Enforceability Date
relating to--
(1) water rights within the Rio San Jose Stream System that
the United States, acting as trustee for the Pueblos, asserted
or could have asserted in any proceeding, including the
Adjudication, except to the extent that such rights are
recognized as part of the Pueblo Water Rights under this title;
(2) foregone benefits from non-Pueblo use of water, on and
off Pueblo Land (including water from all sources and for all
uses), within the Rio San Jose Stream System;
(3) damage, loss, or injury to water, water rights, land,
or natural resources due to loss of water or water rights
(including damages, losses, or injuries to hunting, fishing,
gathering, or cultural rights due to loss of water or water
rights, claims relating to interference with, diversion of, or
taking of water, or claims relating to a failure to protect,
acquire, replace, or develop water, water rights, or water
infrastructure) within the Rio San Jose Stream System;
(4) a failure to provide operation, maintenance, or
deferred maintenance for any irrigation system or irrigation
project within the Rio San Jose Stream System;
(5) a failure to establish or provide a municipal, rural,
or industrial water delivery system on Pueblo Land within the
Rio San Jose Stream System;
(6) damage, loss, or injury to water, water rights, land,
or natural resources due to construction, operation, and
management of irrigation projects on Pueblo Land (including
damages, losses, or injuries to fish habitat, wildlife, and
wildlife habitat) within the Rio San Jose Stream System;
(7) a failure to provide a dam safety improvement to a dam
on Pueblo Land within the Rio San Jose Stream System;
(8) the litigation of claims relating to any water right of
the Pueblos within the Rio San Jose Stream System; and
(9) the negotiation, execution, or adoption of the
Agreement (including attachments) and this title.
(c) Effective Date.--The waivers and releases described in
subsections (a) and (b) shall take effect on the Enforceability Date.
(d) Reservation of Rights and Retention of Claims.--Notwithstanding
the waivers and releases under subsections (a) and (b), the Pueblos and
the United States, acting as trustee for the Pueblos, shall retain all
claims relating to--
(1) the enforcement of, or claims accruing after the
Enforceability Date relating to, water rights recognized under
the Agreement, this title, or the Partial Final Judgment and
Decree entered in the Adjudication;
(2) activities affecting the quality of water and the
environment, including claims under--
(A) the Comprehensive Environmental Response,
Compensation and Liability Act of 1980 (42 U.S.C. 9601
et seq.), including claims for damages to natural
resources;
(B) the Safe Drinking Water Act (42 U.S.C. 300f et
seq.);
(C) the Federal Water Pollution Control Act (33
U.S.C. 1251 et seq.) (commonly referred to as the
``Clean Water Act''); and
(D) any regulations implementing the Acts described
in subparagraphs (A) through (C);
(3) the right to use and protect water rights acquired
after the date of enactment of this Act;
(4) damage, loss, or injury to land or natural resources
that is not due to loss of water or water rights, including
hunting, fishing, gathering, or cultural rights;
(5) all claims for water rights, and claims for injury to
water rights, in basins other than the Rio San Jose Stream
System, subject to article 8.5 of the Agreement with respect to
the claims of the Pueblo of Laguna for water rights in the Rio
Puerco Basin and the claims of the Pueblo of Acoma for water
rights in the Rio Salado Basin;
(6) all claims relating to the Jackpile-Paguate Uranium
Mine in the State that are not due to loss of water or water
rights; and
(7) all rights, remedies, privileges, immunities, powers,
and claims not specifically waived and released pursuant to
this title or the Agreement.
(e) Effect of Agreement and Title.--Nothing in the Agreement or
this title--
(1) reduces or extends the sovereignty (including civil and
criminal jurisdiction) of any government entity, except as
provided in section 110;
(2) affects the ability of the United States, as a
sovereign, to carry out any activity authorized by law,
including--
(A) the Comprehensive Environmental Response,
Compensation, and Liability Act of 1980 (42 U.S.C. 9601
et seq.);
(B) the Safe Drinking Water Act (42 U.S.C. 300f et
seq.);
(C) the Federal Water Pollution Control Act (33
U.S.C. 1251 et seq.) (commonly referred to as the
``Clean Water Act'');
(D) the Solid Waste Disposal Act (42 U.S.C. 6901 et
seq.); and
(E) any regulations implementing the Acts described
in subparagraphs (A) through (D);
(3) affects the ability of the United States to act as
trustee for the Pueblos (consistent with this title), any other
pueblo or Indian Tribe, or an Allottee of any Indian Tribe;
(4) confers jurisdiction on any State court--
(A) to interpret Federal law relating to health,
safety, or the environment;
(B) to determine the duties of the United States or
any other party under Federal law regarding health,
safety, or the environment; or
(C) to conduct judicial review of any Federal
agency action; or
(5) waives any claim of a member of a Pueblo in an
individual capacity that does not derive from a right of the
Pueblos.
(f) Tolling of Claims.--
(1) In general.--Each applicable period of limitation and
time-based equitable defense relating to a claim described in
this section shall be tolled for the period beginning on the
date of enactment of this Act and ending on the Enforceability
Date.
(2) Effect of subsection.--Nothing in this subsection
revives any claim or tolls any period of limitation or time-
based equitable defense that expired before the date of
enactment of this Act.
(3) Limitation.--Nothing in this section precludes the
tolling of any period of limitation or any time-based equitable
defense under any other applicable law.
(g) Expiration.--
(1) In general.--This title shall expire in any case in
which the Secretary fails to publish a statement of findings
under section 107 by not later than--
(A) July 1, 2030; or
(B) such alternative later date as is agreed to by
the Pueblos and the Secretary, after providing
reasonable notice to the State.
(2) Consequences.--If this title expires under paragraph
(1)--
(A) the waivers and releases under subsections (a)
and (b) shall--
(i) expire; and
(ii) have no further force or effect;
(B) the authorization, ratification, confirmation,
and execution of the Agreement under section 103 shall
no longer be effective;
(C) any action carried out by the Secretary, and
any contract or agreement entered into, pursuant to
this title shall be void;
(D) any unexpended Federal funds appropriated or
made available to carry out the activities authorized
by this title, together with any interest earned on
those funds, and any water rights or contracts to use
water and title to other property acquired or
constructed with Federal funds appropriated or made
available to carry out the activities authorized by
this title, shall be returned to the Federal
Government, unless otherwise agreed to by the Pueblos
and the United States and approved by Congress; and
(E) except for Federal funds used to acquire or
construct property that is returned to the Federal
Government under subparagraph (D), the United States
shall be entitled to offset any Federal funds made
available to carry out this title that were expended or
withdrawn, or any funds made available to carry out
this title from other Federal authorized sources,
together with any interest accrued on those funds,
against any claims against the United States--
(i) relating to--
(I) water rights in the State
asserted by--
(aa) the Pueblos; or
(bb) any user of the Pueblo
Water Rights; or
(II) any other matter covered by
subsection (b); or
(ii) in any future settlement of water
rights of the Pueblos.
SEC. 109. SATISFACTION OF CLAIMS.
The benefits provided under this title shall be in complete
replacement of, complete substitution for, and full satisfaction of any
claim of the Pueblos against the United States that are waived and
released by the Pueblos pursuant to section 108(b).
SEC. 110. CONSENT OF UNITED STATES TO JURISDICTION FOR JUDICIAL REVIEW
OF A PUEBLO WATER RIGHT PERMIT DECISION.
(a) Consent.--On the Enforceability Date, the consent of the United
States is hereby given, with the consent of each Pueblo under article
11.5 of the Agreement, to jurisdiction in the District Court for the
Thirteenth Judicial District of the State of New Mexico, and in the New
Mexico Court of Appeals and the New Mexico Supreme Court on appeal
therefrom in the same manner as provided under New Mexico law, over an
action filed in such District Court by any party to a Pueblo Water
Rights Permit administrative proceeding under article 11.4 of the
Agreement for the limited and sole purpose of judicial review of a
Pueblo Water Right Permit decision under article 11.5 of the Agreement.
(b) Limitation.--The consent of the United States under this title
is limited to judicial review, based on the record developed through
the administrative process of the Pueblo, under a standard of judicial
review limited to determining whether the Pueblo decision on the
application for Pueblo Water Right Permit--
(1) is supported by substantial evidence;
(2) is not arbitrary, capricious, or contrary to law;
(3) is not in accordance with this Agreement or the Partial
Final Judgment and Decree; or
(4) shows that the Pueblo acted fraudulently or outside the
scope of its authority.
(c) Pueblo Water Code and Interpretation.--
(1) In general.--Pueblo Water Code or Pueblo Water Law
provisions that meet the requirements of article 11 of the
Agreement shall be given full faith and credit in any
proceeding described in this section.
(2) Provisions of the pueblo water code.--To the extent
that a State court conducting judicial review under this
section must interpret provisions of Pueblo law that are not
express provisions of the Pueblo Water Code, the State court
shall certify the question of interpretation to the Pueblo
court.
(3) No certification.--Any issues of interpretation of
standards in article 11.6 of the Agreement are not subject to
certification.
(4) Limitation.--Nothing in this section limits the
jurisdiction of the Decree Court to interpret and enforce the
Agreement.
SEC. 111. MISCELLANEOUS PROVISIONS.
(a) No Waiver of Sovereign Immunity by the United States.--Nothing
in this title waives the sovereign immunity of the United States.
(b) Other Tribes Not Adversely Affected.--Nothing in this title
quantifies or diminishes any land or water right, or any claim or
entitlement to land or water, of an Indian Tribe, band, or community
other than the Pueblos.
(c) Allottees Not Adversely Affected.--Nothing in this title
quantifies or diminishes any water right, or any claim or entitlement
to water, of an Allottee.
(d) Effect on Current Law.--Nothing in this title affects any
provision of law (including regulations) in effect on the day before
the date of enactment of this Act with respect to pre-enforcement
review of any Federal environmental enforcement action.
(e) Conflict.--In the event of a conflict between the Agreement and
this title, this title shall control.
SEC. 112. ANTIDEFICIENCY.
The United States shall not be liable for any failure to carry out
any obligation or activity authorized by this title, including any
obligation or activity under the Agreement, if adequate appropriations
are not provided expressly by Congress to carry out the purposes of
this title.
TITLE II--PUEBLOS OF JEMEZ AND ZIA WATER RIGHTS SETTLEMENT
SEC. 201. PURPOSES.
The purposes of this title are--
(1) to achieve a fair, equitable, and final settlement of
all claims to water rights in the Jemez River Stream System in
the State of New Mexico for--
(A) the Pueblo of Jemez;
(B) the Pueblo of Zia; and
(C) the United States, acting as trustee for the
Pueblos of Jemez and Zia;
(2) to authorize, ratify, and confirm the Agreement entered
into by the Pueblos, the State, and various other parties to
the extent that the Agreement is consistent with this title;
(3) to authorize and direct the Secretary--
(A) to execute the Agreement; and
(B) to take any other actions necessary to carry
out the Agreement in accordance with this title; and
(4) to authorize funds necessary for the implementation of
the Agreement and this title.
SEC. 202. DEFINITIONS.
In this title:
(1) Adjudication.--The term ``Adjudication'' means the
adjudication of water rights pending before the United States
District Court for the District of New Mexico: United States of
America, on its own behalf, and on behalf of the Pueblos of
Jemez, Santa Ana, and Zia, State of New Mexico, ex rel. State
Engineer, Plaintiffs, and Pueblos of Jemez, Santa Ana, and Zia,
Plaintiffs-in-Intervention v. Tom Abousleman, et al.,
Defendants, Civil No. 83-cv-01041 (KR).
(2) Agreement.--The term ``Agreement'' means--
(A) the document entitled ``Pueblos of Jemez and
Zia Water Rights Settlement Agreement'' and dated May
11, 2022, and the appendices and exhibits attached
thereto; and
(B) any amendment to the document referred to in
subparagraph (A) (including an amendment to an appendix
or exhibit) that is executed to ensure that the
Agreement is consistent with this title.
(3) Enforceability date.--The term ``Enforceability Date''
means the date described in section 207.
(4) Jemez river stream system.--The term ``Jemez River
Stream System'' means the geographic extent of the area
involved in the Adjudication.
(5) Partial final judgment and decree.--The term ``Partial
Final Judgment and Decree'' means a final or interlocutory
partial final judgment and decree entered by the United States
District Court for the District of New Mexico with respect to
the water rights of the Pueblos--
(A) that is substantially in the form described in
the Agreement, as amended to ensure consistency with
this title; and
(B) from which no further appeal may be taken.
(6) Pueblo.--The term ``Pueblo'' means either of--
(A) the Pueblo of Jemez; or
(B) the Pueblo of Zia.
(7) Pueblo land.--The term ``Pueblo Land'' means any real
property that is--
(A) held by the United States in trust for a Pueblo
within the Jemez River Stream System;
(B) owned by a Pueblo within the Jemez River Stream
System before the date on which a court approves the
Agreement; or
(C) acquired by a Pueblo on or after the date on
which a court approves the Agreement if the real
property--
(i) is located within the exterior
boundaries of the Pueblo, as recognized and
confirmed by a patent issued under the Act of
December 22, 1858 (11 Stat. 374, chapter V);
(ii) is located within the exterior
boundaries of any territory set aside for a
Pueblo by law, executive order, or court
decree;
(iii) is owned by a Pueblo or held by the
United States in trust for the benefit of a
Pueblo outside the Jemez River Stream System
that is located within the exterior boundaries
of the Pueblo, as recognized and confirmed by a
patent issued under the Act of December 22,
1858 (11 Stat. 374, chapter V); or
(iv) is located within the exterior
boundaries of any real property located outside
the Jemez River Stream System set aside for a
Pueblo by law, executive order, or court decree
if the land is within or contiguous to land
held by the United States in trust for the
Pueblo as of June 1, 2022.
(8) Pueblo trust fund.--The term ``Pueblo Trust Fund''
means--
(A) the Pueblo of Jemez Settlement Trust Fund
established under section 205(a); and
(B) the Pueblo of Zia Settlement Trust Fund
established under that section.
(9) Pueblo water rights.--The term ``Pueblo Water Rights''
means the respective water rights of the Pueblos--
(A) as identified in the Agreement and section 204;
and
(B) as confirmed in the Partial Final Judgment and
Decree.
(10) Pueblos.--The term ``Pueblos'' means--
(A) the Pueblo of Jemez; and
(B) the Pueblo of Zia.
(11) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(12) State.--The term ``State'' means the State of New
Mexico and all officers, agents, departments, and political
subdivisions of the State of New Mexico.
SEC. 203. RATIFICATION OF AGREEMENT.
(a) Ratification.--
(1) In general.--Except as modified by this title and to
the extent that the Agreement does not conflict with this
title, the Agreement is authorized, ratified, and confirmed.
(2) Amendments.--If an amendment to the Agreement, or to
any appendix or exhibit attached to the Agreement requiring the
signature of the Secretary, is executed in accordance with this
title to make the Agreement consistent with this title, the
amendment is authorized, ratified, and confirmed.
(b) Execution.--
(1) In general.--To the extent the Agreement does not
conflict with this title, the Secretary shall execute the
Agreement, including all appendices or exhibits to, or parts
of, the Agreement requiring the signature of the Secretary.
(2) Modifications.--Nothing in this title prohibits the
Secretary, after execution of the Agreement, from approving any
modification to the Agreement, including an appendix or exhibit
to the Agreement, that is consistent with this title, to the
extent that the modification does not otherwise require
congressional approval under section 2116 of the Revised
Statutes (25 U.S.C. 177) or any other applicable provision of
Federal law.
(c) Environmental Compliance.--
(1) In general.--In implementing the Agreement and this
title, the Secretary shall comply with--
(A) the Endangered Species Act of 1973 (16 U.S.C.
1531 et seq.);
(B) the National Environmental Policy Act of 1969
(42 U.S.C. 4321 et seq.), including the implementing
regulations of that Act; and
(C) all other applicable Federal environmental laws
and regulations.
(2) Compliance.--
(A) In general.--In implementing the Agreement and
this title, the Pueblos shall prepare any necessary
environmental documents, consistent with--
(i) the Endangered Species Act of 1973 (16
U.S.C. 1531 et seq.);
(ii) the National Environmental Policy Act
of 1969 (42 U.S.C. 4321 et seq.), including the
implementing regulations of that Act; and
(iii) all other applicable Federal
environmental laws and regulations.
(B) Authorizations.--The Secretary shall--
(i) independently evaluate the
documentation required under subparagraph (A);
and
(ii) be responsible for the accuracy,
scope, and contents of that documentation.
(3) Effect of execution.--The execution of the Agreement by
the Secretary under this section shall not constitute a major
Federal action under the National Environmental Policy Act of
1969 (42 U.S.C. 4321 et seq.).
(4) Costs.--Any costs associated with the performance of
the compliance activities under this subsection shall be paid
from funds deposited in the Pueblo Trust Funds, subject to the
condition that any costs associated with the performance of
Federal approval or other review of such compliance work or
costs associated with inherently Federal functions shall remain
the responsibility of the Secretary.
SEC. 204. PUEBLO WATER RIGHTS.
(a) Trust Status of the Pueblo Water Rights.--The Pueblo Water
Rights shall be held in trust by the United States on behalf of the
Pueblos in accordance with the Agreement and this title.
(b) Forfeiture and Abandonment.--
(1) In general.--The Pueblo Water Rights shall not be
subject to loss through non-use, forfeiture, abandonment, or
other operation of law.
(2) State-law based water rights.--State-law based water
rights acquired by a Pueblo, or by the United States on behalf
of a Pueblo, after the date for inclusion in the Partial Final
Judgment and Decree, shall not be subject to forfeiture,
abandonment, or permanent alienation from the time they are
acquired.
(c) Use.--Any use of the Pueblo Water Rights shall be subject to
the terms and conditions of the Agreement and this title.
(d) Authority of the Pueblos.--
(1) In general.--The Pueblos shall have the authority to
allocate, distribute, and lease the Pueblo Water Rights for use
on Pueblo Land in accordance with the Agreement, this title,
and applicable Federal law.
(2) Use off pueblo land.--The Pueblos may allocate,
distribute, and lease the Pueblo Water Rights for use off
Pueblo Land in accordance with the Agreement, this title, and
applicable Federal law, subject to the approval of the
Secretary.
(e) Administration.--
(1) No alienation.--The Pueblos shall not permanently
alienate any portion of the Pueblo Water Rights.
(2) Purchases or grants of land from indians.--An
authorization provided by this title for the allocation,
distribution, leasing, or other arrangement entered into
pursuant to this title shall be considered to satisfy any
requirement for authorization of the action required by Federal
law.
(3) Prohibition on forfeiture.--The non-use of all or any
portion of the Pueblo Water Rights by any water user shall not
result in the forfeiture, abandonment, relinquishment, or other
loss of all or any portion of the Pueblo Water Rights.
SEC. 205. SETTLEMENT TRUST FUNDS.
(a) Establishment.--The Secretary shall establish 2 trust funds, to
be known as the ``Pueblo of Jemez Settlement Trust Fund'' and the
``Pueblo of Zia Settlement Trust Fund'', to be managed, invested, and
distributed by the Secretary and to remain available until expended,
withdrawn, or reverted to the general fund of the Treasury, consisting
of the amounts deposited in the Pueblo Trust Funds under subsection
(b), together with any investment earnings, including interest, earned
on those amounts for the purpose of carrying out this title.
(b) Deposits.--The Secretary shall deposit in each Pueblo Trust
Fund the amounts made available pursuant to section 206(a).
(c) Management and Interest.--
(1) Management.--On receipt and deposit of funds into the
Pueblo Trust Funds under subsection (b), the Secretary shall
manage, invest, and distribute all amounts in the Pueblo Trust
Funds in a manner that is consistent with the investment
authority of the Secretary under--
(A) the first section of the Act of June 24, 1938
(25 U.S.C. 162a);
(B) the American Indian Trust Fund Management
Reform Act of 1994 (25 U.S.C. 4001 et seq.); and
(C) this subsection.
(2) Investment earnings.--In addition to the deposits made
to each Pueblo Trust Fund under subsection (b), any investment
earnings, including interest, earned on those amounts held in
each Pueblo Trust Fund are authorized to be used in accordance
with subsections (e) and (g).
(d) Availability of Amounts.--
(1) In general.--Amounts appropriated to, and deposited in,
each Pueblo Trust Fund, including any investment earnings
(including interest) earned on those amounts, shall be made
available to each Pueblo by the Secretary beginning on the
Enforceability Date, subject to the requirements of this
section, except for funds to be made available to the Pueblos
pursuant to paragraph (2).
(2) Use of funds.--Notwithstanding paragraph (1),
$25,000,000 of the amounts deposited in each Pueblo Trust Fund
shall be available to the appropriate Pueblo for--
(A) developing economic water development plans;
(B) preparing environmental compliance documents;
(C) preparing water project engineering designs;
(D) establishing and operating a water resource
department;
(E) installing supplemental irrigation groundwater
wells; and
(F) developing water measurement and reporting
water use plans.
(e) Withdrawals.--
(1) Withdrawals under the american indian trust fund
management reform act of 1994.--
(A) In general.--Each Pueblo may withdraw any
portion of the amounts in the Pueblo Trust Fund on
approval by the Secretary of a Tribal management plan
submitted by the Pueblo in accordance with the American
Indian Trust Fund Management Reform Act of 1994 (25
U.S.C. 4001 et seq.).
(B) Requirements.--In addition to the requirements
under the American Indian Trust Fund Management Reform
Act of 1994 (25 U.S.C. 4001 et seq.), the Tribal
management plan under this paragraph shall require that
the appropriate Pueblo shall spend all amounts
withdrawn from each Pueblo Trust Fund, and any
investment earnings (including interest) earned on
those amounts through the investments under the Tribal
management plan, in accordance with this title.
(C) Enforcement.--The Secretary may carry out such
judicial and administrative actions as the Secretary
determines to be necessary to enforce the Tribal
management plan under this paragraph to ensure that
amounts withdrawn by each Pueblo from the Pueblo Trust
Fund of the Pueblo under subparagraph (A) are used in
accordance with this title.
(2) Withdrawals under expenditure plan.--
(A) In general.--Each Pueblo may submit to the
Secretary a request to withdraw funds from the Pueblo
Trust Fund of the Pueblo pursuant to an approved
expenditure plan.
(B) Requirements.--To be eligible to withdraw
amounts under an expenditure plan under subparagraph
(A), each Pueblo shall submit to the Secretary an
expenditure plan for any portion of the Pueblo Trust
Fund that the Pueblo elects to withdraw pursuant to
that subparagraph, subject to the condition that the
amounts shall be used for the purposes described in
this title.
(C) Inclusions.--An expenditure plan under this
paragraph shall include a description of the manner and
purpose for which the amounts proposed to be withdrawn
from the Pueblo Trust Fund will be used by the Pueblo,
in accordance with this subsection and subsection (g).
(D) Approval.--The Secretary shall approve an
expenditure plan submitted under subparagraph (A) if
the Secretary determines that the plan--
(i) is reasonable; and
(ii) is consistent with, and will be used
for, the purposes of this title.
(E) Enforcement.--The Secretary may carry out such
judicial and administrative actions as the Secretary
determines to be necessary to enforce an expenditure
plan to ensure that amounts disbursed under this
paragraph are used in accordance with this title.
(f) Effect of Section.--Nothing in this section gives the Pueblos
the right to judicial review of a determination of the Secretary
relating to whether to approve a Tribal management plan under paragraph
(1) of subsection (e) or an expenditure plan under paragraph (2) of
that subsection except under subchapter II of chapter 5, and chapter 7,
of title 5, United States Code (commonly known as the ``Administrative
Procedure Act'').
(g) Uses.--Amounts from a Pueblo Trust Fund may only be used by the
appropriate Pueblo for the following purposes:
(1) Planning, permitting, designing, engineering,
constructing, reconstructing, replacing, rehabilitating,
operating, or repairing water production, treatment, or
delivery infrastructure, including for domestic and municipal
use, on-farm improvements, or wastewater infrastructure.
(2) Watershed protection and enhancement, support of
agriculture, water-related Pueblo community welfare and
economic development, and costs related to implementation of
the Agreement.
(3) Planning, permitting, designing, engineering,
construction, reconstructing, replacing, rehabilitating,
operating, or repairing water production of delivery
infrastructure of the Augmentation Project, as set forth in the
Agreement.
(4) Ensuring environmental compliance in the development
and construction of projects under this title.
(5) The management and administration of the Pueblo Water
Rights.
(h) Liability.--The Secretary and the Secretary of the Treasury
shall not be liable for the expenditure or investment of any amounts
withdrawn from a Pueblo Trust Fund by a Pueblo under paragraph (1) or
(2) of subsection (e).
(i) Expenditure Reports.--Each Pueblo shall annually submit to the
Secretary an expenditure report describing accomplishments and amounts
spent from use of withdrawals under a Tribal management plan or an
expenditure plan under paragraph (1) or (2) of subsection (e), as
applicable.
(j) No Per Capita Distributions.--No portion of a Pueblo Trust Fund
shall be distributed on a per capita basis to any member of a Pueblo.
(k) Title to Infrastructure.--Title to, control over, and operation
of any project constructed using funds from a Pueblo Trust Fund shall
remain in the appropriate Pueblo.
(l) Operation, Maintenance, and Replacement.--All operation,
maintenance, and replacement costs of any project constructed using
funds from a Pueblo Trust Fund shall be the responsibility of the
appropriate Pueblo.
SEC. 206. FUNDING.
(a) Mandatory Appropriation.--Out of any money in the Treasury not
otherwise appropriated, the Secretary of the Treasury shall transfer to
the Secretary--
(1) for deposit in the Pueblo of Jemez Settlement Trust
Fund established under section 205(a) $290,000,000, to remain
available until expended, withdrawn, or reverted to the general
fund of the Treasury; and
(2) for deposit in the Pueblo of Zia Settlement Trust Fund
established under that section $200,000,000, to remain
available until expended, withdrawn, or reverted to the general
fund of the Treasury.
(b) Fluctuation in Costs.--
(1) In general.--The amount appropriated under subsection
(a) shall be increased or decreased, as appropriate, by such
amounts as may be justified by reason of ordinary fluctuations
in costs, as indicated by the Bureau of Reclamation
Construction Cost Index-Composite Trend.
(2) Construction costs adjustment.--The amount appropriated
under subsection (a) shall be adjusted to address construction
cost changes necessary to account for unforeseen market
volatility that may not otherwise be captured by engineering
cost indices, as determined by the Secretary, including
repricing applicable to the types of construction and current
industry standards involved.
(3) Repetition.--The adjustment process under this
subsection shall be repeated for each subsequent amount
appropriated until the applicable amount, as adjusted, has been
appropriated.
(4) Period of indexing.--The period of indexing adjustment
under this subsection for any increment of funding shall start
on October 1, 2021, and end on the date on which the funds are
deposited in the applicable Pueblo Trust Fund.
(c) State Cost Share.--The State shall contribute--
(1) $3,400,000, as adjusted for inflation pursuant to the
Agreement, to the San Ysidro Community Ditch Association for
capital and operating expenses of the mutual benefit
Augmentation Project;
(2) $16,159,000, as adjusted for inflation pursuant to the
Agreement, for Jemez River Basin Water Users Coalition acequia
ditch improvements; and
(3) $500,000, as adjusted for inflation, to mitigate
impairment to non-Pueblo domestic and livestock groundwater
rights as a result of new Pueblo water use.
SEC. 207. ENFORCEABILITY DATE.
The Enforceability Date shall be the date on which the Secretary
publishes in the Federal Register a statement of findings that--
(1) to the extent that the Agreement conflicts with this
title, the Agreement has been amended to conform with this
title;
(2) the Agreement, as amended, has been executed by all
parties to the Agreement, including the United States;
(3) the United States District Court for the District of
New Mexico has approved the Agreement and has entered a Partial
Final Judgment and Decree;
(4) all of the amounts appropriated under section 206 have
been appropriated and deposited in the designated accounts of
the applicable Pueblo Trust Fund;
(5) the State has--
(A) provided the funding under section 206(c)(2)
into appropriate funding accounts;
(B) provided the funding under section 206(c)(1) or
entered into a funding agreement with the intended
beneficiaries for that funding; and
(C) enacted legislation to amend State law to
provide that a Pueblo Water Right may be leased for a
term of not to exceed 99 years, including renewals;
(6) the waivers and releases under section subsections (a)
and (b) of section 208 have been executed by the Pueblos and
the Secretary; and
(7) the waivers and releases under section 208 have been
executed by the Pueblos and the Secretary.
SEC. 208. WAIVERS AND RELEASES OF CLAIMS.
(a) Waivers and Releases of Claims by Pueblos and United States as
Trustee for Pueblos.--Subject to the reservation of rights and
retention of claims under subsection (d), as consideration for
recognition of the Pueblo Water Rights and other benefits described in
the Agreement and this title, the Pueblos and the United States, acting
as trustee for the Pueblos, shall execute a waiver and release of all
claims for--
(1) water rights within the Jemez River Stream System that
the Pueblos, or the United States acting as trustee for the
Pueblos, asserted or could have asserted in any proceeding,
including the Adjudication, on or before the Enforceability
Date, except to the extent that such a right is recognized in
the Agreement and this title; and
(2) damages, losses, or injuries to water rights or claims
of interference with, diversion of, or taking of water rights
(including claims for injury to land resulting from such
damages, losses, injuries, interference, diversion, or taking
of water rights) in the Jemez River Stream System against any
party to a settlement, including the members and parciantes of
signatory acequias, that accrued at any time up to and
including the Enforceability Date.
(b) Waivers and Releases of Claims by Pueblos Against United
States.--Subject to the reservation of rights and retention of claims
under subsection (d), each Pueblo shall execute a waiver and release of
all claims against the United States (including any agency or employee
of the United States) for water rights within the Jemez River Stream
System first arising before the Enforceability Date relating to--
(1) water rights within the Jemez River Stream System that
the United States, acting as trustee for the Pueblos, asserted
or could have asserted in any proceeding, including the
Adjudication, except to the extent that such rights are
recognized as part of the Pueblo Water Rights under this title;
(2) foregone benefits from non-Pueblo use of water, on and
off Pueblo Land (including water from all sources and for all
uses), within the Jemez River Stream System;
(3) damage, loss, or injury to water, water rights, land,
or natural resources due to loss of water or water rights
(including damages, losses, or injuries to hunting, fishing,
gathering, or cultural rights due to loss of water or water
rights, claims relating to interference with, diversion of, or
taking of water, or claims relating to a failure to protect,
acquire, replace, or develop water, water rights, or water
infrastructure) within the Jemez River Stream System;
(4) a failure to establish or provide a municipal, rural,
or industrial water delivery system on Pueblo Land within the
Jemez River Stream System;
(5) damage, loss, or injury to water, water rights, land,
or natural resources due to construction, operation, and
management of irrigation projects on Pueblo Land or Federal
land (including damages, losses, or injuries to fish habitat,
wildlife, and wildlife habitat) within the Jemez River Stream
System;
(6) a failure to provide for operation, maintenance, or
deferred maintenance for any irrigation system or irrigation
project within the Jemez River Stream System;
(7) a failure to provide a dam safety improvement to a dam
on Pueblo Land within the Jemez River Stream System;
(8) the litigation of claims relating to any water right of
a Pueblo within the Jemez River Stream System; and
(9) the negotiation, execution, or adoption of the
Agreement (including exhibits or appendices) and this title.
(c) Effective Date.--The waivers and releases described in
subsections (a) and (b) shall take effect on the Enforceability Date.
(d) Reservation of Rights and Retention of Claims.--Notwithstanding
the waivers and releases under subsections (a) and (b), the Pueblos and
the United States, acting as trustee for the Pueblos, shall retain all
claims relating to--
(1) the enforcement of, or claims accruing after the
Enforceability Date relating to, water rights recognized under
the Agreement, this title, or the Partial Final Judgement and
Decree entered into in the Adjudication;
(2) activities affecting the quality of water, including
claims under--
(A) the Comprehensive Environmental Response,
Compensation, and Liability Act of 1980 (42 U.S.C. 9601
et seq.), including claims for damages to natural
resources;
(B) the Safe Drinking Water Act (42 U.S.C. 300f et
seq.);
(C) the Federal Water Pollution Control Act (33
U.S.C. 1251 et seq.) (commonly referred to as the
``Clean Water Act''); and
(D) any regulations implementing the Acts described
in subparagraphs (A) through (C);
(3) the right to use and protect water rights acquired
after the date of enactment of this Act;
(4) damage, loss, or injury to land or natural resources
that is not due to loss of water or water rights, including
hunting, fishing, gathering, or cultural rights;
(5) all rights, remedies, privileges, immunities, and
powers not specifically waived and released pursuant to this
title or the Agreement; and
(6) loss of water or water rights in locations outside of
the Jemez River Stream System.
(e) Effect of Agreement and Title.--Nothing in the Agreement or
this title--
(1) reduces or extends the sovereignty (including civil and
criminal jurisdiction) of any government entity;
(2) affects the ability of the United States, as sovereign,
to carry out any activity authorized by law, including--
(A) the Comprehensive Environmental Response,
Compensation, and Liability Act of 1980 (42 U.S.C. 9601
et seq.);
(B) the Safe Drinking Water Act (42 U.S.C. 300f et
seq.);
(C) the Federal Water Pollution Control Act (33
U.S.C. 1251 et seq.) (commonly referred to as the
``Clean Water Act'');
(D) the Solid Waste Disposal Act (42 U.S.C. 6901 et
seq.); and
(E) any regulations implementing the Acts described
in subparagraphs (A) though (D);
(3) affects the ability of the United States to act as
trustee for the Pueblos (consistent with this title), any other
pueblo or Indian Tribe, or an allottee of any Indian Tribe;
(4) confers jurisdiction on any State court--
(A) to interpret Federal law relating to health,
safety, or the environment;
(B) to determine the duties of the United States or
any other party under Federal law regarding health,
safety, or the environment;
(C) to conduct judicial review of any Federal
agency action; or
(D) to interpret Pueblo or Tribal law; or
(5) waives any claim of a member of a Pueblo in an
individual capacity that does not derive from a right of the
Pueblos.
(f) Tolling of Claims.--
(1) In general.--Each applicable period of limitation and
time-based equitable defense relating to a claim described in
this section shall be tolled for the period beginning on the
date of enactment of this Act and ending on the Enforceability
Date.
(2) Effect of subsection.--Nothing in this subsection
revives any claim or tolls any period of limitation or time-
based equitable defense that expired before the date of
enactment of this Act.
(3) Limitation.--Nothing in this section precludes the
tolling of any period of limitation or any time-based equitable
defense under any other applicable law.
(g) Expiration.--
(1) In general.--This title shall expire in any case in
which the Secretary fails to publish a statement of findings
under section 207 by not later than--
(A) July 1, 2030; or
(B) such alternative later date as is agreed to by
the Pueblos and the Secretary, after providing
reasonable notice to the State.
(2) Consequences.--If this title expires under paragraph
(1)--
(A) the waivers and releases under subsections (a)
and (b) shall--
(i) expire; and
(ii) have no further force or effect;
(B) the authorization, ratification, confirmation,
and execution of the Agreement under section 203 shall
no longer be effective;
(C) any action carried out by the Secretary, and
any contract or agreement entered into, pursuant to
this title shall be void;
(D) any unexpended Federal funds appropriated or
made available to carry out the activities authorized
by this title, together with any interest earned on
those funds, and any water rights or contracts to use
water and title to other property acquired or
constructed with Federal funds appropriated or made
available to carry out the activities authorized by
this title shall be returned to the Federal Government,
unless otherwise agreed to by the Pueblos and the
United States and approved by Congress; and
(E) except for Federal funds used to acquire or
construct property that is returned to the Federal
Government under subparagraph (D), the United States
shall be entitled to offset any Federal funds made
available to carry out this title that were expended or
withdrawn, or any funds made available to carry out
this title from other Federal authorized sources,
together with any interest accrued on those funds,
against any claims against the United States--
(i) relating to--
(I) water rights in the State
asserted by--
(aa) the Pueblos; or
(bb) any user of the Pueblo
Water Rights; or
(II) any other matter covered by
subsection (b); or
(ii) in any future settlement of water
rights of the Pueblos.
SEC. 209. SATISFACTION OF CLAIMS.
The benefits provided under this title shall be in complete
replacement of, complete substitution for, and full satisfaction of any
claim of the Pueblos against the United States that are waived and
released by the Pueblos pursuant to section 208(b).
SEC. 210. MISCELLANEOUS PROVISIONS.
(a) No Waiver of Sovereign Immunity by the United States.--Nothing
in this title waives the sovereign immunity of the United States.
(b) Other Tribes Not Adversely Affected.--Nothing in this title
quantifies or diminishes any land or water right, or any claim or
entitlement to land or water, of an Indian Tribe, band, or community
other than the Pueblos.
(c) Effect on Current Law.--Nothing in this title affects any
provision of law (including regulations) in effect on the day before
the date of enactment of this Act with respect to pre-enforcement
review of any Federal environmental enforcement action.
(d) Conflict.--In the event of a conflict between the Agreement and
this title, this title shall control.
SEC. 211. ANTIDEFICIENCY.
The United States shall not be liable for any failure to carry out
any obligation or activity authorized by this title, including any
obligation or activity under the Agreement, if adequate appropriations
are not provided expressly by Congress to carry out the purposes of
this title.
<all>
</pre></body></html>
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118S596
|
Military Spouse Hiring Act
|
[
[
"K000384",
"Sen. Kaine, Tim [D-VA]",
"sponsor"
],
[
"B001236",
"Sen. Boozman, John [R-AR]",
"cosponsor"
],
[
"H001076",
"Sen. Hassan, Margaret Wood [D-NH]",
"cosponsor"
],
[
"R000605",
"Sen. Rounds, Mike [R-SD]",
"cosponsor"
],
[
"C001113",
"Sen. Cortez Masto, Catherine [D-NV]",
"cosponsor"
],
[
"G000359",
"Sen. Graham, Lindsey [R-SC]",
"cosponsor"
],
[
"B001277",
"Sen. Blumenthal, Richard [D-CT]",
"cosponsor"
],
[
"C001096",
"Sen. Cramer, Kevin [R-ND]",
"cosponsor"
],
[
"B001288",
"Sen. Booker, Cory A. [D-NJ]",
"cosponsor"
],
[
"C001095",
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"cosponsor"
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[
"W000817",
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"cosponsor"
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[
"S001217",
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"cosponsor"
],
[
"W000790",
"Sen. Warnock, Raphael G. [D-GA]",
"cosponsor"
],
[
"B001243",
"Sen. Blackburn, Marsha [R-TN]",
"cosponsor"
],
[
"S001181",
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"cosponsor"
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[
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"cosponsor"
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[
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[
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"cosponsor"
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[
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[
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[
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[
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[
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[
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[
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[
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[
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[
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[
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<p><b>Military Spouse Hiring Act </b></p> <p>This bill expands the Work Opportunity Tax Credit (WOTC) to include the hiring of a qualified military spouse. (The WOTC permits employers who hire individuals who are members of a targeted group such as qualified veterans, ex-felons, or long-term unemployment recipients to claim a tax credit equal to a portion of the wages paid to those individuals.) </p> <p>A <em>qualified military spouse</em> is any individual who is certified by the designated local agency as being (as of the hiring date) a spouse of a member of the Armed Forces.</p>
|
<html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 596 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 596
To amend the Internal Revenue Code of 1986 to make employers of spouses
of military personnel eligible for the work opportunity credit.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
March 1, 2023
Mr. Kaine (for himself, Mr. Boozman, Ms. Hassan, Mr. Rounds, Ms. Cortez
Masto, Mr. Graham, Mr. Blumenthal, Mr. Cramer, Mr. Booker, Mr. Cotton,
Ms. Warren, Mr. Scott of Florida, Mr. Warnock, Mrs. Blackburn, Mrs.
Shaheen, Ms. Murkowski, Mr. Hickenlooper, Mr. Moran, Mrs. Gillibrand,
Mr. Hoeven, and Mr. Warner) introduced the following bill; which was
read twice and referred to the Committee on Finance
_______________________________________________________________________
A BILL
To amend the Internal Revenue Code of 1986 to make employers of spouses
of military personnel eligible for the work opportunity credit.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Military Spouse Hiring Act''.
SEC. 2. ELIGIBILITY OF SPOUSES OF MILITARY PERSONNEL FOR THE WORK
OPPORTUNITY CREDIT.
(a) In General.--Paragraph (1) of section 51(d) of the Internal
Revenue Code of 1986 is amended by striking ``or'' at the end of
subparagraph (I), by striking the period at the end of subparagraph (J)
and inserting ``, or'', and by adding at the end the following new
subparagraph:
``(K) a qualified military spouse.''.
(b) Qualified Military Spouse.--Subsection (d) of section 51 of
such Code is amended by adding at the end the following new paragraph:
``(16) Qualified military spouse.--The term `qualified
military spouse' means any individual who is certified by the
designated local agency as being (as of the hiring date) a
spouse of a member of the Armed Forces of the United States.''.
(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 to individuals who begin work for the employer after such
date.
<all>
</pre></body></html>
|
[
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118S597
|
Social Security Fairness Act
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<p><b>Social Security Fairness Act</b></p> <p>This bill repeals provisions that reduce Social Security benefits for individuals who receive other benefits, such as a pension from a state or local government. </p> <p>The bill eliminates the <em>government pension offset</em>, which in various instances reduces Social Security benefits for spouses, widows, and widowers who also receive government pensions of their own. </p> <p>The bill also eliminates the <em>windfall elimination provision</em>, which in some instances reduces Social Security benefits for individuals who also receive a pension or disability benefit from an employer that did not withhold Social Security taxes. </p> <p>These changes are effective for benefits payable after December 2023.</p>
|
<html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 597 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 597
To amend title II of the Social Security Act to repeal the Government
pension offset and windfall elimination provisions.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
March 1, 2023
Mr. Brown (for himself, Ms. Collins, Ms. Baldwin, Mr. Blumenthal, Mr.
Booker, Mr. Casey, Mr. Cassidy, Ms. Cortez Masto, Ms. Duckworth, Ms.
Hassan, Ms. Hirono, Mr. Hickenlooper, Mr. King, Mr. Markey, Mr.
Menendez, Mr. Merkley, Mr. Murphy, Ms. Murkowski, Mr. Padilla, Mr.
Reed, Mr. Sanders, Ms. Smith, Ms. Warren, and Mr. Whitehouse)
introduced the following bill; which was read twice and referred to the
Committee on Finance
_______________________________________________________________________
A BILL
To amend title II of the Social Security Act to repeal the Government
pension offset and windfall elimination provisions.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Social Security Fairness Act''.
SEC. 2. REPEAL OF GOVERNMENT PENSION OFFSET PROVISION.
(a) In General.--Section 202(k) of the Social Security Act (42
U.S.C. 402(k)) is amended by striking paragraph (5).
(b) Conforming Amendments.--
(1) Section 202(b)(2) of the Social Security Act (42 U.S.C.
402(b)(2)) is amended by striking ``subsections (k)(5) and
(q)'' and inserting ``subsection (q)''.
(2) Section 202(c)(2) of such Act (42 U.S.C. 402(c)(2)) is
amended by striking ``subsections (k)(5) and (q)'' and
inserting ``subsection (q)''.
(3) Section 202(e)(2)(A) of such Act (42 U.S.C.
402(e)(2)(A)) is amended by striking ``subsection (k)(5),
subsection (q),'' and inserting ``subsection (q)''.
(4) Section 202(f)(2)(A) of such Act (42 U.S.C.
402(f)(2)(A)) is amended by striking ``subsection (k)(5),
subsection (q)'' and inserting ``subsection (q)''.
SEC. 3. REPEAL OF WINDFALL ELIMINATION PROVISIONS.
(a) In General.--Section 215 of the Social Security Act (42 U.S.C.
415) is amended--
(1) in subsection (a), by striking paragraph (7);
(2) in subsection (d), by striking paragraph (3); and
(3) in subsection (f), by striking paragraph (9).
(b) Conforming Amendments.--Subsections (e)(2) and (f)(2) of
section 202 of such Act (42 U.S.C. 402) are each amended by striking
``section 215(f)(5), 215(f)(6), or 215(f)(9)(B)'' in subparagraphs (C)
and (D)(i) and inserting ``paragraph (5) or (6) of section 215(f)''.
SEC. 4. EFFECTIVE DATE.
The amendments made by this Act shall apply with respect to monthly
insurance benefits payable under title II of the Social Security Act
for months after December 2023. Notwithstanding section 215(f) of the
Social Security Act, the Commissioner of Social Security shall adjust
primary insurance amounts to the extent necessary to take into account
the amendments made by section 3.
<all>
</pre></body></html>
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118S598
|
Gun Records Restoration and Preservation Act
|
[
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"sponsor"
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"Sen. Markey, Edward J. [D-MA]",
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[
"M001176",
"Sen. Merkley, Jeff [D-OR]",
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]
] |
<p><b>Gun Records Restoration and Preservation Act</b></p> <p>This bill amends several appropriations laws to remove limitations on the authority of the Bureau of Alcohol, Tobacco, Firearms and Explosives to conduct activities related to the administration of federal firearms laws.</p> <p>Specifically, the bill removes provisions that</p> <ul> <li>limit the use of firearms tracing data, </li> <li>limit the disclosure of data under the Freedom of Information Act, </li> <li>prohibit imposing a requirement that gun dealers conduct a physical inventory, </li> <li>prohibit consolidating or centralizing records maintained by federal firearm licensees (e.g., gun dealers), and </li> <li>require national instant criminal background check records to be destroyed within 24 hours. </li> </ul>
|
<html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 598 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 598
To repeal certain impediments to the administration of the firearms
laws.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
March 1, 2023
Mr. Menendez (for himself, Mr. Markey, Mr. Blumenthal, Mr. Reed, Mrs.
Gillibrand, Mr. Booker, Mr. Whitehouse, Mrs. Feinstein, Mr. Durbin, Ms.
Warren, Ms. Hirono, Mr. Murphy, and Ms. Duckworth) introduced the
following bill; which was read twice and referred to the Committee on
the Judiciary
_______________________________________________________________________
A BILL
To repeal certain impediments to the administration of the firearms
laws.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Gun Records Restoration and
Preservation Act''.
SEC. 2. FINDINGS.
Congress finds as follows:
(1) The Tiahrt Amendments prevent the collection of
valuable information, and the establishment of effective
policies to prevent illegal guns from being used in crimes.
(2) The Tiahrt Amendments impede enforcement of the gun
laws by requiring most background check records to be destroyed
within 24 hours, and by barring the Federal Government from
requiring annual inventory audits by owners of gun shops.
(3) A 2012 study by researchers at Johns Hopkins Bloomberg
School of Public Health found that the Tiahrt Amendments
dramatically increase gun trafficking to the criminal market.
(4) A 2016 study from the University of Pittsburgh Graduate
School of Public Health found that in 2008, 79 percent of all
guns recovered by police from crime scenes belonged to someone
other than the perpetrator--30 percent had been stolen.
(5) A 2020 analysis from the RAND corporation concluded
that the Tiahrt Amendments limit researchers' access to data
that provide important insights, such as--
(A) how guns flow from States with less restrictive
gun laws to States with more restrictive gun laws;
(B) how prohibited purchasers obtain their
firearms;
(C) the characteristics of straw purchases; and
(D) whether more restrictive gun laws create a
shortage of firearms for prohibited purchases.
(6) Every year, more than 165,000 people are shot in the
United States.
(7) 2020 was one of the deadliest years on record for the
United States, with an estimated 21,000 people killed in
firearm homicides or non-suicide related shootings, which is a
33-percent increase over 2019.
(8) In 2020, 62 percent of firearm homicide victims were
Black and 15 percent of firearm homicide victims were Hispanic.
(9) In 2020, the National Tracing Center at the Bureau of
Alcohol, Tobacco, Firearms and Explosives processed 490,800
trace requests on firearms from Federal, State, and local law
enforcement agencies.
(10) Having effective policies to prevent illegal gun
trafficking makes our families and communities safer.
(11) Repealing the Tiahrt Amendments would support law
enforcement efforts and give the public vital information
needed to craft the most effective policies against illegal
guns.
SEC. 3. REPEAL OF CERTAIN LIMITATIONS ON THE USE OF DATABASE
INFORMATION OF THE BUREAU OF ALCOHOL, TOBACCO, FIREARMS
AND EXPLOSIVES.
(a) The matter under the heading ``Bureau of Alcohol, Tobacco,
Firearms and Explosives--Salaries and Expenses'' in title II of
division B of the Consolidated and Further Continuing Appropriations
Act, 2012 (18 U.S.C. 923 note; Public Law 112-55; 125 Stat. 609-610) is
amended by striking the sixth proviso.
(b) The sixth proviso under the heading ``Bureau of Alcohol,
Tobacco, Firearms and Explosives--Salaries and Expenses'' in title II
of division B of the Consolidated Appropriations Act, 2010 (18 U.S.C.
923 note; Public Law 111-117; 123 Stat. 3128-3129) is amended by
striking ``beginning in fiscal year 2010 and thereafter'' and inserting
``in fiscal year 2010''.
(c) The sixth proviso under the heading ``Bureau of Alcohol,
Tobacco, Firearms and Explosives--Salaries and Expenses'' in title II
of division B of the Omnibus Appropriations Act, 2009 (18 U.S.C. 923
note; Public Law 111-8; 123 Stat. 574-576) is amended by striking
``beginning in fiscal year 2009 and thereafter'' and inserting ``in
fiscal year 2009''.
(d) The sixth proviso under the heading ``Bureau of Alcohol,
Tobacco, Firearms and Explosives--Salaries and Expenses'' in title II
of division B of the Consolidated Appropriations Act, 2008 (18 U.S.C.
923 note; Public Law 110-161; 121 Stat. 1903-1904) is amended by
striking ``beginning in fiscal year 2008 and thereafter'' and inserting
``in fiscal year 2008''.
(e) The sixth proviso under the heading ``Bureau of Alcohol,
Tobacco, Firearms and Explosives--Salaries and Expenses'' in title I of
the Science, State, Justice, Commerce, and Related Agencies
Appropriations Act, 2006 (18 U.S.C. 923 note; Public Law 109-108; 119
Stat. 2295-2296) is amended by striking ``with respect to any fiscal
year''.
(f) The sixth proviso under the heading ``Bureau of Alcohol,
Tobacco, Firearms and Explosives--Salaries and Expenses'' in title I of
division B of the Consolidated Appropriations Act, 2005 (18 U.S.C. 923
note; Public Law 108-447; 118 Stat. 2859-2860) is amended by striking
``with respect to any fiscal year''.
SEC. 4. ELIMINATION OF PROHIBITION ON PROCESSING OF FREEDOM OF
INFORMATION ACT REQUESTS ABOUT ARSON OR EXPLOSIVES
INCIDENTS OR FIREARM TRACES.
Section 644 of division J of the Consolidated Appropriations
Resolution, 2003 (5 U.S.C. 552 note; Public Law 108-7; 117 Stat. 473)
is repealed.
SEC. 5. REPEAL OF LIMITATIONS ON IMPOSITION OF REQUIREMENT THAT
FIREARMS DEALERS CONDUCT PHYSICAL CHECK OF FIREARMS
INVENTORY.
The fifth proviso under the heading ``Bureau of Alcohol, Tobacco,
Firearms and Explosives--Salaries and Expenses'' in title II of
division B of the Consolidated and Further Continuing Appropriations
Act, 2013 (18 U.S.C. 923 note; Public Law 113-6; 127 Stat. 248) is
amended by striking ``and any fiscal year thereafter''.
SEC. 6. ELIMINATION OF PROHIBITION ON CONSOLIDATION OR CENTRALIZATION
IN THE DEPARTMENT OF JUSTICE OF FIREARMS ACQUISITION AND
DISPOSITION RECORDS MAINTAINED BY FEDERAL FIREARMS
LICENSEES.
The matter under the heading ``Bureau of Alcohol, Tobacco, Firearms
and Explosives--Salaries and Expenses'' in title II of division B of
the Consolidated and Further Continuing Appropriations Act, 2012 (18
U.S.C. 923 note; Public Law 112-55; 125 Stat. 609) is amended--
(1) by striking the first proviso; and
(2) in the second proviso, by striking ``further''.
SEC. 7. REPEAL OF REQUIREMENT TO DESTROY INSTANT CRIMINAL BACKGROUND
CHECK RECORDS WITHIN 24 HOURS.
Section 511 of the Consolidated and Further Continuing
Appropriations Act, 2012 (34 U.S.C. 40901 note; Public Law 112-55; 125
Stat. 632) is amended--
(1) by striking ``--'' and all that follows through
``(1)''; and
(2) by striking the semicolon and all that follows and
inserting a period.
<all>
</pre></body></html>
|
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118S599
|
Digital Equity Foundation Act of 2023
|
[
[
"L000570",
"Sen. Lujan, Ben Ray [D-NM]",
"sponsor"
],
[
"F000062",
"Sen. Feinstein, Dianne [D-CA]",
"cosponsor"
],
[
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[
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[
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],
[
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"Sen. Durbin, Richard J. [D-IL]",
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],
[
"B001230",
"Sen. Baldwin, Tammy [D-WI]",
"cosponsor"
]
] |
<html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 599 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 599
To establish the Foundation for Digital Equity, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
March 1, 2023
Mr. Lujan (for himself, Mrs. Feinstein, Ms. Klobuchar, Mr. Blumenthal,
Mr. Heinrich, Mr. Markey, Mr. Merkley, and Mr. Durbin) introduced the
following bill; which was read twice and referred to the Committee on
Commerce, Science, and Transportation
_______________________________________________________________________
A BILL
To establish the Foundation for Digital Equity, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Digital Equity Foundation Act of
2023''.
SEC. 2. FOUNDATION FOR DIGITAL EQUITY.
(a) Definitions.--In this section:
(1) Assistant secretary.--The term ``Assistant Secretary''
means the Assistant Secretary of Commerce for Communications
and Information.
(2) Board.--The term ``Board'' means the Board of Directors
described in subsection (d)(1).
(3) Business incubator.--The term ``business incubator''
has the meaning given the term in section 3 of the Native
American Business Incubators Program Act (25 U.S.C. 5802).
(4) Commission.--The term ``Commission'' means the Federal
Communications Commission.
(5) Committee.--The term ``Committee'' means the Committee
for the Establishment of the Foundation for Digital Equity
established under subsection (b).
(6) Community anchor institution; covered populations;
digital equity; digital literacy.--The terms ``community anchor
institution'', ``covered populations'', ``digital equity'', and
``digital literacy'' have the meanings given those terms in
section 60302 of the Digital Equity Act of 2021 (47 U.S.C.
1721).
(7) Department.--The term ``Department'' means the
Department of Commerce.
(8) Digital inclusion.--The term ``digital inclusion''--
(A) means the activities that are necessary to
ensure that all individuals in the United States have
access to, and the use of, affordable information and
communication technologies, such as--
(i) reliable fixed and wireless broadband;
(ii) internet-enabled devices that meet the
needs of the user for telehealth, remote work,
remote schooling, or other purposes; and
(iii) applications and online content
designed to enable and encourage self-
sufficiency, participation, and collaboration;
and
(B) includes--
(i) obtaining access to digital literacy
training;
(ii) the provision of quality technical
support; and
(iii) obtaining basic awareness of measures
to ensure online privacy and cybersecurity.
(9) Executive director.--The term ``Executive Director''
means the Executive Director of the Foundation described in
subsection (f)(1).
(10) Foundation.--The term ``Foundation'' means the
Foundation for Digital Equity established under this section.
(11) Institution of higher education.--The term
``institution of higher education'' means--
(A) an institution of higher education, as that
term is defined in section 101 of the Higher Education
Act of 1965 (20 U.S.C. 1001); or
(B) a postsecondary vocational institution, as that
term is defined in section 102(c) of the Higher
Education Act of 1965 (20 U.S.C. 1002(c)).
(12) Minority-serving institution.--The term ``Minority-
serving institution'' means an institution described in any of
paragraphs (1) through (7) of section 371(a) of the Higher
Education Act of 1965 (20 U.S.C. 1067q(a)).
(13) NTIA.--The term ``NTIA'' means the National
Telecommunications and Information Administration.
(14) Older individual.--The term ``older individual'' has
the meaning given the term in section 102 of the Older
Americans Act of 1965 (42 U.S.C. 3002).
(15) Secretary.--The term ``Secretary'' means the Secretary
of Commerce.
(16) Small business investment company.--The term ``small
business investment company'' has the meaning given the term in
section 103 of the Small Business Investment Act of 1958 (15
U.S.C. 662).
(17) Startup.--The term ``startup'' has the meaning given
the term ``start-up business'' in section 362(f)(5)(C) of the
Energy Policy and Conservation Act (42 U.S.C. 6322(f)(5)(C)).
(18) Tribal broadband connectivity program.--The term
``Tribal Broadband Connectivity Program'' means the program
implemented pursuant to section 905(c) of division N of the
Consolidated Appropriations Act, 2021 (47 U.S.C. 1305 note).
(b) Committee for the Establishment of the Foundation for Digital
Equity.--
(1) In general.--Not later than 90 days after the date of
enactment of this Act, the Secretary shall establish the
Committee for the Establishment of the Foundation for Digital
Equity.
(2) Members.--The Committee shall be composed of 5
members--
(A) who shall be appointed by the officials
described in subsection (d)(2)(B)(i);
(B) each of whom shall be a voting member of the
Committee;
(C) not fewer than 3 of whom shall have broad and
general experience in matters relating to digital
equity, digital inclusion, or digital literacy; and
(D) not less than 1 of whom shall have broad and
general experience in working with private nonprofit
organizations.
(3) Functions.--The functions of the Committee shall be as
follows:
(A) To carry out such activities as may be
necessary to establish a nonprofit corporation to be
known as the ``Foundation for Digital Equity'', and to
incorporate the Foundation under the laws of a State,
including by--
(i) serving as the incorporators for the
Foundation; and
(ii) ensuring that the articles of
incorporation for the Foundation require that
the Foundation is operated in accordance with
the requirements of this section.
(B) To ensure that the Foundation qualifies for and
(during the period in which the Committee is in
existence) maintains the status described in subsection
(c)(3).
(C) To provide for the initial operation of the
Foundation, including by ensuring that the Foundation
has adequate facilities, equipment, and staff.
(D) To appoint initial voting members of the Board
who satisfy the requirements under subsection (d)(2)(C)
and have such other qualifications as the Committee
determines appropriate with respect to those members.
(4) Chair.--The Committee shall, from among the members of
the Committee, designate a member of the Committee to serve as
Chair of the Committee.
(5) Term.--
(A) In general.--Each member of the Committee shall
serve for the duration of the Committee.
(B) Vacancies.--
(i) No effect on authority.--A vacancy in
the membership of the Committee shall not
affect the authority of the Committee to carry
out the functions of the Committee.
(ii) Replacement.--If a member of the
Committee does not serve for the duration of
the Committee, the individual appointed to fill
that vacancy shall be appointed by the ex
officio members of the Board for the remainder
of the applicable term.
(6) Compensation.--A member of the Committee--
(A) shall not receive compensation for service on
the Committee; and
(B) may be reimbursed for travel, subsistence, and
other necessary expenses incurred in carrying out the
functions of the Committee.
(7) Termination.--The Committee shall--
(A) complete the functions of the committee
described in paragraph (3) not later than 180 days
after the date on which the Secretary establishes the
Committee under paragraph (1); and
(B) terminate on the date that is 30 days after the
date on which the Secretary determines that the
Committee has completed the functions described in
paragraph (3).
(c) General Principles of the Foundation.--
(1) Mission.--The mission of the Foundation shall be--
(A) to supplement, but not supplant, the work of
the NTIA and the Commission in promoting the benefits
of technological development in the United States, and
of high-capacity, affordable broadband connectivity in
particular, for all users of telecommunications and
information facilities;
(B) to raise, leverage, or match funding from other
entities, including philanthropic organizations, the
private sector, and State and local governments, to
promote digital literacy, digital inclusion, and
digital equity for communities with low rates of
adoption of broadband;
(C) to develop programs and partnerships to--
(i) spur greater rates of adoption of
broadband among covered populations;
(ii) collaborate with State, local, and
Tribal governments, Minority-serving
institutions, other anchor institutions, and
stakeholders in the communications, education,
business, and technology fields;
(iii) publicize and incentivize the
adoption of evidence-based programs;
(iv) convene organizations and partnerships
with related goals and interests to establish
problem-solving processes;
(v) strengthen and share best practices
relating to--
(I) projects promoting digital
inclusion, digital literacy, and
digital equity; and
(II) regional economic development;
(vi) support job creation and workforce
development; and
(vii) support the goals of the Tribal
Broadband Connectivity Program; and
(D) to promote equitable access to, and the
adoption of, broadband technologies and digital
applications that support accessibility, telehealth,
distance learning, and online access to governmental
benefits and services, including by preventing,
detecting, and remedying digital discrimination.
(2) Limitation.--The Foundation shall not be an agency or
instrumentality of the Federal Government or any State or local
government.
(3) Tax-exempt status.--The Board shall take all necessary
and appropriate steps to ensure that the Foundation is an
organization that is described in section 501(c) of the
Internal Revenue Code of 1986 and exempt from taxation under
section 501(a) of that Code.
(d) Board of Directors.--
(1) Establishment.--The Foundation shall be governed by a
Board of Directors.
(2) Composition.--
(A) In general.--The Board shall be composed of the
ex officio members described in subparagraph (B) and
the appointed voting members described in subparagraph
(C).
(B) Ex officio members.--
(i) Members.--The ex officio members of the
Board shall be the following individuals (or
designees of those individuals):
(I) The Secretary.
(II) The Assistant Secretary.
(III) The Chairman of the
Commission.
(IV) The Secretary of the Treasury.
(V) The Under Secretary of
Agriculture for Rural Development.
(VI) The Director of the Institute
of Museum and Library Services.
(ii) Nonvoting members.--The ex officio
members of the Board shall be nonvoting members
of the Board.
(C) Appointed members.--
(i) Representation.--The appointed members
of the Board shall reflect a broad cross-
section of stakeholders from academia,
industry, nonprofit and civil rights
organizations, community-based practitioners of
efforts to promote digital inclusion, State or
local governments, local school districts and
libraries, other community anchor institutions,
and the philanthropic community.
(ii) Experience.--Each appointed member of
the Board shall--
(I) have--
(aa) experience promoting
digital equity, digital
inclusion, and digital
literacy;
(bb) experience in the
technology sector;
(cc) experience in the
telecommunications and
broadband sector;
(dd) direct experience
working with covered
populations; or
(ee) research experience in
foundation operations; and
(II) to the extent practicable,
represent diverse regions, sectors, and
the communities corresponding to the
covered populations that are the focus
of the activities of the Foundation.
(3) Chair and vice chair.--
(A) In general.--The Board shall designate, from
among the appointed members of the Board--
(i) an individual to serve as Chair of the
Board; and
(ii) an individual to serve as Vice Chair
of the Board.
(B) Terms.--The term of service of the Chair and
Vice Chair of the Board shall end on the earlier of--
(i) the date that is 3 years after the date
on which the Chair or Vice Chair of the Board,
as applicable, is designated for the position;
and
(ii) the last day of the term of service of
the member, as determined under paragraph
(4)(A), who is designated to be Chair or Vice
Chair of the Board, as applicable.
(C) Representation.--The Chair and Vice Chair of
the Board--
(i) shall not be representatives of the
same area of subject matter expertise, or
entity, as applicable, under paragraph
(2)(C)(ii); and
(ii) shall not be representatives of any
area of subject matter expertise, or entity, as
applicable, represented by the immediately
preceding Chair and Vice Chair of the Board.
(4) Terms and vacancies.--
(A) Terms.--
(i) In general.--The term of service of
each appointed member of the Board shall be not
more than 5 years.
(ii) Initial appointed members.--Of the
initial members of the Board appointed under
subsection (b)(3)(D), \1/2\ of the members
shall serve for 4 years and \1/2\ of the
members shall serve for 5 years, as determined
by the Chair of the Board.
(B) Vacancies.--Any vacancy in the membership of
the appointed members of the Board--
(i) shall be filled by a majority vote of
the appointed members of the Board in
accordance with the bylaws of the Foundation;
(ii) shall not affect the power of the
remaining appointed members to execute the
duties of the Board; and
(iii) shall be filled by an individual
selected by the Board.
(5) Meetings; quorum.--
(A) Initial meeting.--Not later than 60 days after
the date on which all of the members of the Board have
been appointed, the Secretary shall convene a meeting
of the ex officio and appointed members of the Board to
establish the bylaws of the Foundation in accordance
with paragraph (7).
(B) Quorum.--A majority of the appointed members of
the Board shall constitute a quorum for purposes of
conducting the business of the Board.
(6) Duties.--The Board shall--
(A) provide overall direction for the activities of
the Foundation and establish priority activities;
(B) provide guidance to the Executive Director such
that the Executive Director may carry out any other
necessary activities of the Foundation;
(C) evaluate the performance of the Executive
Director; and
(D) actively solicit and accept funds, gifts,
grants, devises, or bequests of real or personal
property to the Foundation, including from private
entities.
(7) Bylaws.--
(A) In general.--The bylaws established under
paragraph (5)(A) may include--
(i) policies for the selection of Board
members and officers, employees, agents, and
contractors of the Foundation;
(ii) policies, including ethical standards,
for--
(I) the acceptance, solicitation,
and disposition of donations and grants
to the Foundation, including
appropriate limits on the ability of
donors to designate, by stipulation or
restriction, the use or recipient of
donated funds; and
(II) the disposition of assets of
the Foundation;
(iii) policies that subject all employees,
fellows, trainees, contractors, consultants,
and other agents of the Foundation (including
ex officio and appointed members of the Board)
to conflict of interest standards; and
(iv) the specific duties of the Executive
Director.
(B) Requirements.--The Board shall ensure that the
bylaws of the Foundation and the activities carried out
under those bylaws shall not--
(i) reflect unfavorably on the ability of
the Foundation to carry out activities in a
fair and objective manner; or
(ii) compromise, or appear to compromise,
the integrity of any Federal agency or program,
or any officer or employee employed by, or
involved in, such an agency or program.
(C) Amendments to bylaws.--The Assistant Secretary,
by rule in accordance with section 553 of title 5,
United States Code, may abrogate, add to, or modify the
bylaws of the Foundation in a manner that the Assistant
Secretary determines necessary or appropriate to--
(i) ensure the fair administration of the
Foundation;
(ii) conform those bylaws to other
applicable rules issued by the Assistant
Secretary; or
(iii) otherwise further the purposes of
this section.
(8) Compensation.--
(A) In general.--No member of the Board shall
receive compensation for serving as a member of the
Board.
(B) Reimbursement of certain expenses.--In
accordance with the bylaws of the Foundation, members
of the Board may be reimbursed for travel expenses,
including per diem in lieu of subsistence, and other
necessary expenses incurred in carrying out the duties
of the Board.
(e) Activities.--
(1) Studies, competitions, and projects.--The Foundation
may conduct and support studies, competitions, projects, and
other activities that further the mission of the Foundation
described in subsection (c)(1).
(2) Grants.--
(A) In general.--The Foundation may award grants
for activities relating to digital equity, digital
inclusion, or digital literacy.
(B) Selection.--In selecting a recipient for a
grant awarded under subparagraph (A), the Foundation--
(i) shall make the selection based on the
comparative merits of--
(I) the proposed project of the
potential recipient;
(II) the impact of the project
described in subclause (I) on promoting
digital equity in local communities;
and
(III) the alignment of the project
described in subclause (I) with--
(aa) the overall goals of
the Foundation relating to
diversity on the basis of
geography;
(bb) the type of need
addressed by the project; and
(cc) other factors
specified in the strategic plan
and grant guidelines of the
Foundation; and
(ii) may consult with a potential recipient
regarding the ability of the potential
recipient to carry out various projects that
would further the mission of the Foundation
described in subsection (c)(1).
(3) Accessing facilities and expertise.--The Foundation may
work with the Secretary and the Commission--
(A) to leverage the capabilities and facilities of
the Department and the Commission; and
(B) to assist with resources, including by
providing information on assets of the Department and
the Commission that may enable the promotion of digital
equity, digital inclusion, or digital literacy.
(4) Training and education.--The Foundation may support
programs that provide training to researchers, scientists, and
other relevant personnel at the Department, the Commission, and
institutions of higher education to help promote digital
equity, digital inclusion, and digital literacy.
(5) Stakeholder engagement.--The Foundation shall convene,
and may consult with, representatives from the Department, the
Commission, institutions of higher education, the private
sector, public interest stakeholders, and commercialization
organizations to develop programs for the mission of the
Foundation described in subsection (c)(1) and to advance the
activities of the Foundation.
(6) For-profit subsidiaries.--
(A) In general.--The Foundation may establish 1 or
more for-profit subsidiaries, including an impact
investment fund--
(i) to stimulate economic development
activities relating to the mission of the
Foundation described in subsection (c)(1); and
(ii) to attract for-profit investment
partners for digital equity, digital inclusion,
and digital literacy activities.
(B) Authorities of the for-profit subsidiary.--A
for-profit subsidiary established under subparagraph
(A) may--
(i) enter into a partnership with an
economic development corporation, including a
business incubator or a small business
investment company;
(ii) pay for the cost of building and
administering a facility, including a business
incubator, to support the activities of the
Foundation described in this subsection; and
(iii) provide funding to a startup.
(7) Supplemental programs.--The Foundation may carry out
supplemental programs--
(A) to conduct and support forums, meetings,
conferences, courses, and training workshops consistent
with the mission of the Foundation described in
subsection (c)(1);
(B) to support and encourage the understanding and
development of--
(i) data collection that provides clarity
with respect to inequities and community needs
in order to promote digital equity, digital
inclusion, and digital literacy; and
(ii) policies that make regulation more
effective and efficient by leveraging the data
collection efforts described in clause (i) for
the regulation of relevant technology sectors;
(C) for writing, editing, printing, publishing, and
selling books and other materials relating to efforts
carried out by the Foundation, the Department, or the
Commission; and
(D) to conduct other activities to carry out and
support the mission of the Foundation described in
subsection (c)(1).
(8) Evaluations.--The Foundation shall support the
development of an evaluation methodology, to be used as part of
any program supported by the Foundation, that shall--
(A) consist of qualitative and quantitative
metrics;
(B) include periodic third party evaluation of the
programs and other activities of the Foundation; and
(C) be made publicly available.
(9) Communications.--The Foundation shall develop an
expertise in communications to--
(A) disseminate awareness of funding opportunities
among community-based organizations that serve covered
populations; and
(B) promote the work of grant recipients under
paragraph (2), the successes of the Foundation,
opportunities for partnership with the Foundation, and
other activities.
(10) Tribal broadband connectivity grants.--The Foundation
may support a grant made under the Tribal Broadband
Connectivity Program if there are not adequate appropriations
to support such a grant.
(f) Administration.--
(1) Executive director.--The Board shall appoint an
Executive Director of the Foundation, who shall serve at the
pleasure of the Board.
(2) Administrative control.--No member of the Board, any
officer or employee of the Foundation, any officer or employee
of any program established by the Foundation, or any
participant in a program established by the Foundation may
exercise administrative control over any Federal employee.
(3) Strategic plan.--Not later than 1 year after the date
of enactment of this Act, the Foundation shall submit to the
Committee on Commerce, Science, and Transportation of the
Senate and the Committee on Energy and Commerce of the House of
Representatives a strategic plan that, incorporating the input
of the community advisory committee convened under subsection
(g)(1), contains--
(A) a description of the initial focus areas of,
and primary purposes for, each program, grant, or award
opportunity that the Foundation plans to implement
during the 2-year period beginning on the date on which
the strategic plan is submitted;
(B) a description of the efforts that the
Foundation will take to be transparent in the processes
of the Foundation, including processes relating to--
(i) grant awards, including selection,
review, and notification with respect to those
awards; and
(ii) communication of past, current, and
future digital equity priorities;
(C) a description of the financial goals and
benchmarks of the Foundation for the 10-year period
beginning on the date on which the report is submitted;
and
(D) a description of the efforts undertaken by the
Foundation to ensure maximum complementarity and
minimum redundancy with investments made by the
Secretary and the Commission.
(4) Recurring report.--Not later than 1 year after the date
on which the Foundation is established, and once every 2 years
thereafter, the Foundation shall make publicly available, and
shall submit to the Committee on Commerce, Science, and
Transportation of the Senate, the Committee on Commerce and
Energy of the House of Representatives, and the Secretary, a
report that, for the period covered by the report--
(A) describes the activities of the Foundation and
the progress of the Foundation in furthering the
mission of the Foundation described in subsection
(c)(1);
(B) provides a specific accounting of the source
and use of all funds made available to the Foundation
to carry out the activities described in subparagraph
(A) to ensure transparency in the alignment of the
missions of the Department and the Commission; and
(C) includes a summary of each evaluation regarding
the decision to award a grant, as determined in
accordance with the requirements of subsection
(e)(2)(B).
(5) Evaluation by comptroller general.--Not later than 5
years after the date on which the Foundation is established,
and once every 5 years thereafter, the Comptroller General of
the United States shall submit to the Committee on Commerce,
Science, and Transportation of the Senate and the Committee on
Energy and Commerce of the House of Representatives--
(A) an evaluation of--
(i) the extent to which the Foundation is
achieving the mission of the Foundation; and
(ii) the operation of the Foundation; and
(B) any recommendations regarding how the
Foundation may be improved.
(6) Audits.--The Foundation shall--
(A) provide for annual audits of the condition of
the Foundation; and
(B) make the audits, and all other records,
documents, and papers of the Foundation, available to
the Secretary and the Comptroller General of the United
States for examination or audit.
(7) Integrity.--
(A) In general.--To ensure integrity in the
operations of the Foundation, the Board shall develop
and enforce procedures relating to standards of
conduct, financial disclosure statements, conflicts of
interest (including recusal and waiver rules), audits,
and any other matters determined appropriate by the
Board.
(B) Financial conflicts of interest.--An individual
who is an officer, employee, or member of the Board may
not participate in deliberations by the Foundation
regarding a matter that would directly or predictably
affect any financial interest of--
(i) the individual;
(ii) a relative (as defined in section 109
of the Ethics in Government Act of 1978 (5
U.S.C. App.)) of that individual; or
(iii) a business organization or other
entity in which the individual has an interest,
including an organization or other entity with
which the individual is negotiating employment.
(8) Intellectual property.--The Board shall adopt written
standards to govern the ownership and licensing of any
intellectual property rights--
(A) developed by the Foundation through activities
funded by a for-profit subsidiary established under
subsection (e)(6); or
(B) otherwise derived from the collaborative
efforts of the Foundation.
(9) Liability.--
(A) In general.--The United States shall not be
liable for any debt, default, act, or omission of--
(i) the Foundation; or
(ii) a Federal entity with respect to an
agreement of that Federal entity with the
Foundation.
(B) Full faith and credit.--The full faith and
credit of the United States shall not extend to any
obligations of the Foundation.
(10) Nonapplicability of faca.--The Federal Advisory
Committee Act (5 U.S.C. App.) shall not apply to the
Foundation.
(g) Community Advisory Committee and Report.--
(1) Composition.--
(A) In general.--Not later 90 days after the date
on which the Foundation is established, the Board shall
convene an advisory committee comprised of community
members from covered populations and experts with
experience providing essential products and service to
covered populations.
(B) Stakeholders represented.--To the extent
practicable, the Board shall ensure that members
appointed to the advisory committee under subparagraph
(A) represent diverse regions, sectors, and
communities, including not less than 1 member who is
affiliated with, or has experience working with, all of
the following:
(i) Digital inclusion practitioners.
(ii) Rural-focused programs.
(iii) Members of Indigenous communities.
(iv) Civil rights advocates.
(v) Consumer advocates.
(vi) Libraries.
(vii) School systems or education
technology specialists.
(viii) Accessibility advocates or experts.
(ix) Retired or older individuals.
(x) Private sector internet service
providers.
(xi) Other relevant groups with experience
addressing the access, adoption, and
affordability of broadband services.
(2) Annual report.--Not later than 2 years after the date
on which the Foundation is established, and annually
thereafter, the Board shall direct the community advisory
committee convened under paragraph (1) to submit to the Board a
written report that includes recommended changes, if any, to
the Foundation and any other matter the Board considers
appropriate.
(3) Reimbursement for certain expenses.--In accordance with
the bylaws of the Foundation, members of the community advisory
committee convened under paragraph (1) may be reimbursed for
travel expenses, including per diem in lieu of subsistence, and
other necessary expenses incurred in carrying out the functions
of that advisory committee.
(h) Support Services.--The Secretary shall provide facilities,
utilities, and support services to the Foundation if the Secretary
determines that the provision of those items is advantageous to the
programs of the Department.
(i) Anti-Deficiency Act.--Section 1341(a)(1) of title 31, United
States Code (commonly referred to as the ``Anti-Deficiency Act''),
shall not apply to any Federal officer or employee carrying out any
activity of the Foundation using funds of the Foundation.
(j) No Preemption of Authority.--This section shall not preempt any
authority or responsibility of the Secretary under any other provision
of law.
(k) Transfer Funds.--The Foundation may transfer funds to the
Department, which shall be subject to all applicable Federal
limitations relating to federally funded research.
(l) Authorization of Appropriations.--There are authorized to be
appropriated such sums as may be necessary--
(1) to the Secretary for fiscal year 2023 to establish the
Committee;
(2) to the Foundation for fiscal year 2024 to carry out the
activities of the Foundation; and
(3) to the Foundation for fiscal year 2025, and each fiscal
year thereafter, for administrative and operational costs.
<all>
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|
118S6
|
Balanced Budget Accountability Act
|
[
[
"D000618",
"Sen. Daines, Steve [R-MT]",
"sponsor"
]
] |
<p><b>Balanced Budget Accountability Act</b></p> <p>This bill requires the Office of Management and Budget (OMB), upon adoption by a chamber of Congress of a concurrent budget resolution for a fiscal year, to certify to the Speaker of the House of Representatives or the President pro tempore of the Senate whether that chamber has adopted a balanced budget.</p> <p><i>Balanced budget </i>means a concurrent budget resolution providing that for FY2033 and each succeeding fiscal year to which the resolution applies total outlays do not exceed total receipts and are not more than 18% of the projected domestic product for such fiscal year.</p> <p>The bill requires the salary of Members of Congress to be held in escrow if OMB determines a chamber has not adopted a balanced budget for FY2024 before April 16, 2023, and for FY2025 before April 16, 2024. The bill also provides for the release of these funds to the Members. </p> <p>Beginning in FY2026, if OMB does not certify that a chamber has adopted a balanced budget before April 16 of the prior fiscal year, each Member of that chamber shall be paid at the rate of $1 annually for pay periods after that date in the same calendar year.</p> <p> The bill also requires that legislation in either chamber to increase revenue be agreed upon by an affirmative vote of three-fifths of the Members of that chamber.</p>
|
<html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 6 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 6
To reduce a portion of the annual pay of Members of Congress for the
failure to adopt a concurrent resolution on the budget which does not
provide for a balanced budget, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
January 23 (legislative day, January 3), 2023
Mr. Daines introduced the following bill; which was read twice and
referred to the Committee on Homeland Security and Governmental Affairs
_______________________________________________________________________
A BILL
To reduce a portion of the annual pay of Members of Congress for the
failure to adopt a concurrent resolution on the budget which does not
provide for a balanced budget, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; FINDINGS.
(a) Short Title.--This Act may be cited as the ``Balanced Budget
Accountability Act''.
(b) Findings.--Congress finds the following:
(1) The Federal debt exceeds $31,000,000,000,000, continues
to grow rapidly, and is larger than the size of the United
States economy.
(2) The Federal budget has shown an annual deficit in 53 of
the last 58 years.
(3) Deficits and the Federal debt threaten to shatter
confidence in the Nation's economy, suppress job creation and
economic growth, and leave future generations of Americans with
a lower standard of living and fewer opportunities.
(4) It is the duty of Members of Congress to develop and
implement policies, including balancing the Federal budget,
that encourage robust job creation and economic growth in the
United States.
(5) Members of Congress should be held accountable for
failing to pass annual budgets that result in a balanced
budget.
SEC. 2. EFFECT OF FAILURE TO ADOPT RESOLUTION PROVIDING FOR BALANCED
BUDGETS.
(a) Definitions.--In this section--
(1) the term ``balanced budget'' means a concurrent
resolution on the budget which provides that for fiscal year
2033, and each fiscal year thereafter to which the concurrent
resolution on the budget applies--
(A) total outlays do not exceed total receipts; and
(B) total outlays are not more than 18 percent of
the projected gross domestic product of the United
States (as determined by the Bureau of Economic
Analysis of the Department of Commerce) for such fiscal
year;
(2) the term ``Director'' means the Director of the Office
of Management and Budget; and
(3) the term ``Member'' includes a Delegate or Resident
Commissioner to Congress.
(b) Determination by the Office of Management and Budget.--Upon
adoption by a House of Congress of a concurrent resolution on the
budget for a fiscal year, the Director shall--
(1) determine whether the concurrent resolution on the
budget is a balanced budget; and
(2) submit to the Speaker of the House of Representatives
or the President pro tempore of the Senate (as the case may be)
a certification as to whether or not that House of Congress has
adopted a balanced budget.
(c) Rule for Fiscal Years 2024 and 2025.--
(1) Fiscal year 2024.--
(A) Holding salaries in escrow.--If the Director
does not certify that a House of Congress has adopted a
balanced budget with respect to fiscal year 2024 before
April 16, 2023, during the period described in
subparagraph (B) the payroll administrator of that
House of Congress shall deposit in an escrow account
all payments otherwise required to be made during such
period for the compensation of Members of Congress who
serve in that House of Congress, and shall release such
payments to such Members only upon the expiration of
such period.
(B) Period described.--With respect to a House of
Congress, the period described in this subparagraph is
the period that begins on April 16, 2023, and ends on
the earlier of--
(i) the date on which the Director
certifies that the House of Congress has
adopted a balanced budget with respect to
fiscal year 2024; or
(ii) the last day of the One Hundred
Eighteenth Congress.
(2) Fiscal year 2025.--
(A) Holding salaries in escrow.--If the Director
does not certify that a House of Congress has adopted a
balanced budget with respect to fiscal year 2025 before
April 16, 2024, during the period described in
subparagraph (B) the payroll administrator of that
House of Congress shall deposit in an escrow account
all payments otherwise required to be made during such
period for the compensation of Members of Congress who
serve in that House of Congress, and shall release such
payments to such Members only upon the expiration of
such period.
(B) Period described.--With respect to a House of
Congress, the period described in this subparagraph is
the period that begins on April 16, 2024, and ends on
the earlier of--
(i) the date on which the Director
certifies that the House of Congress has
adopted a balanced budget with respect to
fiscal year 2025; or
(ii) the last day of the One Hundred
Eighteenth Congress.
(3) Withholding and remittance of amounts from payments
held in escrow.--The payroll administrator shall provide for
the same withholding and remittance with respect to a payment
deposited in an escrow account under paragraph (1) or (2) that
would apply to the payment if the payment were not subject to
paragraph (1) or (2).
(4) Release of amounts at end of the congress.--In order to
ensure that this subsection is carried out in a manner that
shall not vary the compensation of Senators or Representatives
in violation of the twenty-seventh amendment to the
Constitution of the United States, the payroll administrator of
a House of Congress shall release for payments to Members of
that House of Congress any amounts remaining in any escrow
account under this section on the last day of the One Hundred
Eighteenth Congress.
(5) Role of secretary of the treasury.--The Secretary of
the Treasury shall provide the payroll administrators of the
Houses of Congress with such assistance as may be necessary to
enable the payroll administrators to carry out this subsection.
(6) Payroll administrator defined.--In this subsection, the
``payroll administrator'' of a House of Congress means--
(A) in the case of the House of Representatives,
the Chief Administrative Officer of the House of
Representatives, or an employee of the Office of the
Chief Administrative Officer who is designated by the
Chief Administrative Officer to carry out this section;
and
(B) in the case of the Senate, the Secretary of the
Senate, or an employee of the Office of the Secretary
of the Senate who is designated by the Secretary to
carry out this section.
(d) Rule for Fiscal Year 2026 and Subsequent Fiscal Years.--If the
Director does not certify that a House of Congress has adopted a
balanced budget with respect to fiscal year 2026, or any fiscal year
thereafter, before April 16 of the fiscal year before such fiscal year,
during pay periods which occur in the same calendar year after that
date each Member of that House shall be paid at an annual rate of pay
equal to $1.
SEC. 3. SUPERMAJORITY REQUIREMENT FOR INCREASING REVENUE.
(a) In General.--In the Senate and the House of Representatives, a
bill, joint resolution, amendment, conference report, or amendment
between the Houses that increases revenue shall only be agreed to upon
an affirmative vote of three-fifths of the Members of that House of
Congress duly chosen and sworn.
(b) Rules of Senate and the House of Representatives.--Subsection
(a) is enacted by Congress--
(1) as an exercise of the rulemaking power of the Senate
and House of Representatives, respectively, and as such it 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 a bill, joint resolution, amendment,
conference report, or amendment between the Houses that
increases revenue, and it supersedes 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.
<all>
</pre></body></html>
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|
118S60
|
Education Savings Accounts for Military Families Act of 2023
|
[
[
"C001098",
"Sen. Cruz, Ted [R-TX]",
"sponsor"
],
[
"S001184",
"Sen. Scott, Tim [R-SC]",
"cosponsor"
],
[
"B001310",
"Sen. Braun, Mike [R-IN]",
"cosponsor"
]
] |
<p><strong>Education Savings Accounts for Military Families Act of </strong><b>2023</b></p> <p>This bill directs the Department of Education (ED) to establish a program to provide children with parents on active duty in the uniformed services with funds to pay educational expenses.</p> <p>Specifically, ED must establish a tax-exempt Military Education Savings Account for dependent children of parents in the uniformed services for the payment of the children's educational expenses. Funds in the savings account may be used for specified purposes, including the cost of attendance at a private elementary or secondary school or institution of higher education, private tutoring, or costs associated with an apprenticeship or other vocational training program.</p>
|
<html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 60 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 60
To amend the Elementary and Secondary Education Act of 1965 to allow
parents of eligible military dependent children to establish Military
Education Savings Accounts, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
January 24 (legislative day, January 3), 2023
Mr. Cruz (for himself, Mr. Scott of South Carolina, and Mr. Braun)
introduced the following bill; which was read twice and referred to the
Committee on Finance
_______________________________________________________________________
A BILL
To amend the Elementary and Secondary Education Act of 1965 to allow
parents of eligible military dependent children to establish Military
Education Savings Accounts, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Education Savings Accounts for
Military Families Act of 2023''.
SEC. 2. MILITARY EDUCATION SAVINGS ACCOUNTS.
(a) In General.--Title VII of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 7701 et seq.) is amended by inserting
after section 7012 the following:
``SEC. 7012A. MILITARY EDUCATION SAVINGS ACCOUNTS.
``(a) In General.--The Secretary of Education, in consultation with
the Secretary of Defense, shall carry out a program under which the
Secretary of Education shall--
``(1) at the request of a parent of an eligible military
dependent child, establish an account on behalf of such child
(to be known as a `Military Education Savings Account') into
which the Secretary shall deposit funds in an amount determined
under subsection (d); and
``(2) establish a procedure under which the parent of the
child may use funds in the account to pay for the educational
expenses of the child in accordance with this section.
``(b) Application.--
``(1) In general.--To be eligible to participate in the
program under this section for a school year, a parent of an
eligible military dependent child shall submit an application
to the Secretary in accordance with this subsection.
``(2) Application process.--In carrying out paragraph (1),
the Secretary shall--
``(A) accept applications on a year-round basis and
establish procedures for approving applications in an
expeditious manner; and
``(B) create a standardized form that parents can
use to apply for the program and ensure that such form
is readily available in written and electronic formats,
including on a publicly accessible website.
``(3) Approval.--Subject to the availability of funds to
carry out this section, the Secretary shall approve the
application of a parent to establish a Military Education
Savings Account if--
``(A) the application is submitted in accordance
with the application process established by the
Secretary pursuant to this subsection;
``(B) the application demonstrates that the child
on whose behalf the Military Education Savings Account
is to be established is an eligible military dependent
child; and
``(C) the parent who submits the application enters
into a written agreement with the Secretary under which
the parent agrees--
``(i) to provide the child with instruction
in, at minimum, the fields of reading,
language, mathematics, science, and social
studies;
``(ii) to not enroll the child in a public
elementary school or a public secondary school,
on a full-time basis while participating in the
program;
``(iii) to use funds in the Military
Education Savings Account only for the purposes
authorized under this section; and
``(iv) to comply with all other
requirements of this section.
``(4) Renewals.--The Secretary shall establish a process
for the automatic renewal of a previously established Military
Education Savings Account except in cases in which--
``(A) the parents of the child on whose behalf the
account was established choose not to renew the
account; or
``(B) the account was used to commit fraud or was
otherwise not used in accordance with the requirements
of this section.
``(c) Priority in the Event of Insufficient Funds.--
``(1) In general.--If the funds appropriated to carry out
this section are insufficient to enable the Secretary to
establish and fully fund a Military Education Savings Account
for each eligible military dependent child whose parent has an
application approved under subsection (b) for a school year,
the Secretary shall--
``(A) first renew and fully fund previously
established Military Education Savings Accounts; and
``(B) if funds remain available after renewing all
accounts under subparagraph (A), conduct the lottery
described in paragraph (3) to select the children on
whose behalf accounts will be established using the
remaining funds.
``(2) Transfer authority.--Notwithstanding any other
provision of law, the Secretary may transfer amounts from any
account of the Department of Education to renew and fully fund
previously established Military Education Savings Accounts
under paragraph (1)(A). The authority to transfer amounts under
the preceding sentence shall not be subject to any transfer or
reprogramming requirements under any other provision of law.
``(3) Lottery.--The lottery described in this paragraph is
a lottery in which--
``(A) siblings of children on whose behalf Military
Education Savings Accounts have previously been
established have the highest probability of selection;
``(B) children of enlisted members have the next-
highest probability of selection after the children
described in subparagraph (A);
``(C) children of warrant officers have the next-
highest probability of selection after the children
described in subparagraph (B); and
``(D) children of commissioned officers have the
lowest probability of selection.
``(d) Amount of Deposits.--
``(1) First year of program.--The amount of funds deposited
into each Military Education Savings Account for the first
school year for which such accounts are established under this
section shall be $6,000 for each eligible military dependent
child covered by the account.
``(2) Subsequent years.--The amount of funds deposited into
each Military Education Savings Account for any school year
after the year described in paragraph (1), shall be the amount
determined under this subsection for the previous school year
increased by a percentage equal to the percentage increase in
the Chained Consumer Price Index for All Urban Consumers (as
published by the Bureau of Labor Statistics of the Department
of Labor) over the period of such previous school year.
``(e) Use of Funds.--Funds deposited into a Military Education
Savings Account for a school year may be used by the parent of an
eligible military dependent child to make payments to a qualified
educational service provider that is approved by the Secretary under
subsection (f)(1) for--
``(1) costs of attendance at a private elementary school or
secondary school recognized by the State, which may include a
private school that has a religious mission;
``(2) private online learning programs;
``(3) private tutoring;
``(4) services provided by a public elementary school or
secondary school attended by the child on a less than full-time
basis, including individual classes and extracurricular
activities and programs;
``(5) textbooks, curriculum programs, or other
instructional materials, including any supplemental materials
required by a curriculum program, private school, private
online learning program, or a public school, or any parent
directed curriculum associated with K-12 education;
``(6) computer hardware or other technological devices that
are used to help meet a child's educational needs, except that
such hardware or devices may not be purchased by a parent more
than once in an 18-month period;
``(7) educational software and applications;
``(8) uniforms purchased from or through a private school
recognized by the State;
``(9) fees for nationally standardized assessment exams,
advanced placement exams, any exams related to college or
university admission, or tuition or fees for preparatory
courses for such exams;
``(10) fees for summer education programs and specialized
after-school education programs (but not including after-school
childcare);
``(11) educational services and therapies, including
occupational, behavioral, physical, speech-language, and
audiology therapies;
``(12) fees for transportation paid to a fee-for-service
transportation provider for the child to travel to and from the
facilities of a qualified educational service provider;
``(13) costs of attendance at an institution of higher
education;
``(14) costs associated with an apprenticeship or other
vocational training program;
``(15) fees for state-recognized industry certification
exams, and tuition or fees for preparatory courses for such
exams;
``(16) contributions to a college savings account, which
may include contributions to a qualified tuition program (as
defined in section 529(b)(1)(A) of the Internal Revenue Code of
1986) or other prepaid tuition plan offered by a State; or
``(17) any other educational expenses approved by the
Secretary.
``(f) Requirements for Qualified Educational Service Providers.--
``(1) Registration and approval.--The Secretary shall
establish and maintain a registry of qualified educational
service providers that are approved to receive payments from a
Military Education Savings Account. The Secretary shall approve
a qualified educational service provider to receive such
payments if the provider demonstrates to the Secretary that it
is licensed in the State in which it operates to provide one or
more of the services for which funds may be expended under
subsection (e).
``(2) Participation in online marketplace.--As a condition
of receiving funds from a Military Education Savings Account, a
qualified educational service provider shall make its services
available for purchase through the online marketplace described
in subsection (g).
``(3) Surety bond.--
``(A) In general.--The Secretary shall require each
qualified educational service provider that receives
$100,000 or more in funds from Military Education
Savings Accounts in a school year to post a surety
bond, in an amount determined by the Secretary, for
such school year.
``(B) Retention.--The Secretary shall prescribe the
circumstances under which a surety bond under
subparagraph (A) may be retained by the Secretary.
``(g) Online Marketplace.--
``(1) In general.--The Secretary shall seek to enter into a
contract with a private-sector entity under which the entity
shall--
``(A) establish and operate an online marketplace
that enables the holder of a Military Education Savings
Account to make direct purchases from qualified
educational service providers using funds from such
account;
``(B) ensure that each qualified educational
service provider on the registry maintained by the
Secretary under subsection (f)(1) has made its services
available for purchase through the online marketplace;
``(C) ensure that all purchases made through the
online marketplace are for services that are allowable
uses of funds under subsection (e); and
``(D) develop and make available a standardized
expense report form, in electronic and hard copy
formats, to be used by parents for reporting expenses
in accordance with subsection (h)(3).
``(2) Rule of construction.--Nothing in this subsection
shall be construed to require the holder of a Military
Education Savings Account to make purchases using the online
marketplace described in paragraph (1).
``(h) Transfer Schedule.--
``(1) In general.--Subject to paragraph (2), the Secretary
shall make quarterly transfers of the amount calculated
pursuant to subsection (d) for deposit into the account of each
eligible military dependent child, except that the Secretary
may make transfers according to another transfer schedule if
the Secretary determines that a transfer schedule other than
quarterly transfers is necessary for the operation of the
education savings account.
``(2) Choice of schedule.--The Secretary shall establish a
process under which the parent of a child on whose behalf a
Military Education Savings Account is established may choose a
transfer schedule other than a transfer schedule determined
under paragraph (1).
``(3) Expense reports.--
``(A) Submission required.--Before receiving a
transfer under paragraph (1) or (2), the parent of an
eligible military dependent child on whose behalf a
Military Education Savings Account is established shall
submit to the Secretary an expense report demonstrating
how funds from the most recent transfer were expended.
``(B) Format.--Each such expense report shall be
submitted using the standardized expense report form
developed under subsection (g)(1)(D).
``(i) Rollover.--Amounts remaining in the Military Education
Savings Account of an eligible military dependent child at the end of a
school year shall remain available for use in accordance with
subsection (e) until the date on which such account terminates under
subsection (j).
``(j) Termination and Return of Funds.--
``(1) Termination.--The Military Education Savings Account
of an eligible military dependent child shall terminate on--
``(A) the date on which the child enrolls in a
public elementary school or secondary school on a full-
time basis;
``(B) in the case of a child who is pursuing
postsecondary education, the earlier of--
``(i) the date on which the child completes
postsecondary education; or
``(ii) the date on which the child attains
the age of 22 years;
``(C) in the case of a child who is an individual
with a disability, the date on which the child attains
the age of 26 years; or
``(D) in the case of an individual not described in
subparagraph (B) or (C), the earlier of--
``(i) the date on which the child attains
the age of 22 years; or
``(ii) the expiration of any 2-year period
during which funds in the account are not used
in accordance with this section.
``(2) Return of funds.--Any funds remaining in a Military
Education Savings Account on the date such account terminates
under paragraph (1) shall be returned to the Treasury of the
United States and shall be used to carry out the program under
this section.
``(k) Compulsory Attendance Requirements.--A State that receives
funds under this title shall consider a child with a Military Education
Savings Account for a school year as meeting the State's compulsory
school attendance requirements for such school year.
``(l) Special Rule.--In the case of a child with a Military
Education Savings Account who attends a public school on a less than
full-time basis in a school year--
``(1) the child may not attend the public school free of
charge; and
``(2) funds in the account, in an amount determined
pursuant to an agreement between the parent of the child and
the local educational agency concerned, shall be used to pay
for the child's costs of attendance at such school.
``(m) Tax Treatment of Accounts.--
``(1) In general.--A Military Education Savings Account is
exempt from taxation under subtitle A of the Internal Revenue
Code of 1986.
``(2) Contributions and distributions.--For purposes of
subtitle A of the Internal Revenue Code of 1986--
``(A) any contribution to a military education
savings account by the Secretary under this Act shall
not be includible in the gross income of the individual
for whose benefit such account is maintained or the
parent of such individual; and
``(B) any distribution from a military education
savings account which is permitted under this Act shall
not be includible in the gross income of the individual
for whose benefit such account is maintained or the
parent of such individual.
``(n) Fraud Prevention and Reporting.--The Secretary shall
establish a website and a telephone hotline that enable individuals to
anonymously report suspected fraud in the program under this section.
The Secretary also shall conduct or contract for random, quarterly, or
annual audits of accounts as needed to ensure compliance with this
section.
``(o) Contract Authority.--The Secretary may enter into one or more
contracts for the purpose of carrying out the responsibilities of the
Secretary under this section.
``(p) Refunds.--The Secretary shall establish a process under which
payments from a Military Education Savings Accounts to a qualified
educational service provider shall be refunded to the account in the
event of fraud or nonperformance by the provider.
``(q) Rules of Construction.--
``(1) Nonagency.--A qualified educational service provider
that receives a payment from a Military Education Savings
Account pursuant to this section shall not be considered an
agent of the State or the Federal Government solely because the
provider received such payment.
``(2) Prohibition of federal or state supervision or
control over nonpublic education providers.--
``(A) In general.--Nothing in this section shall be
construed to permit, allow, encourage, or authorize any
Federal or State control or supervision over any aspect
of any qualified educational service provider,
including a private, religious, or home education
provider (without regard to whether a home education
provider is treated as a private school or home school
under State law). This section shall not be construed
to exclude private, religious, or home education
providers from participation in programs or services
under this Act.
``(B) No religion-based discrimination.--The
Secretary shall not exclude, discriminate against, or
otherwise disadvantage any qualified educational
service provider with respect to programs or services
under this section based in whole or in part on the
provider's religious education character or
affiliation, including religiously based or mission-
based policies or practices.
``(3) Imposition of additional requirements.--No Federal
requirements shall apply to a qualified educational service
provider other than the requirements specifically set forth in
this section. Nothing in this section shall be construed to
require a qualified educational service provider to alter its
creed, practices, admissions policy, or curriculum in order to
be eligible to receive payments from a Military Education
Savings Account.
``(4) Treatment of assistance.--For purposes of any Federal
law, assistance provided under this section shall be considered
assistance to the eligible military dependent child or to the
parents of a child on whose behalf a Military Education Savings
Account is established and shall not be considered assistance
to the qualified educational service provider that uses or
receives funds from a Military Education Savings Account.
``(r) Legal Proceedings.--
``(1) Burden.--In any legal proceeding in which a qualified
educational service provider challenges a requirement imposed
by the Department of Education on the provider, the Department
shall have the burden of establishing that the requirement is
necessary and does not impose any undue burden on the provider.
``(2) Limitation on liability.--
``(A) In general.--No liability shall arise on the
part of an entity described in subparagraph (B) solely
because such entity awards, uses, or receives funds
from a Military Education Savings Account.
``(B) Entity described.--The entities described in
this subparagraph are the following:
``(i) The Department of Education.
``(ii) An entity that enters into a
contract with the Secretary pursuant to
subsection (g) or subsection (o).
``(iii) A qualified educational service
provider.
``(3) Intervention.--
``(A) In general.--Except as provided in
subparagraph (B), a parent of an eligible military
dependent child or a parent of a child on whose behalf
a Military Education Savings Account is established may
intervene in any legal proceeding in which the
constitutionality of the program under this section is
challenged under a State constitution or the United
States Constitution.
``(B) Exception.--For purposes of judicial
administration, a court may--
``(i) limit the number of parents allowed
to intervene in a proceeding under subparagraph
(A); or
``(ii) require all parents who have
intervened in a proceeding under subparagraph
(A) to file a joint brief, except that no
parent shall be required to join any brief
filed on behalf of a State that is a defendant
in the proceeding.
``(s) Administrative Expenses.--The Secretary may use not more than
5 percent of the funds made available to carry out this section for the
direct costs of administering Military Education Savings Accounts.
``(t) Definitions.--In this section:
``(1) The terms `commissioned officer', `enlisted member',
and `warrant officer' have the meanings given those terms in
section 101(b) of title 10, United States Code.
``(2) The term `eligible military dependent child' means a
child who--
``(A) has a parent on active duty in the uniformed
services (as that term is defined in section 101 of
title 37, United States Code, except that such term
does not include an officer in the National Guard who
has been activated); and
``(B) in the case of a child seeking to establish a
Military Education Savings account for the first time,
was enrolled in a public elementary school or a public
secondary school for not less than 100 consecutive days
in the preceding school year.
``(3) The term `institution of higher education' has the
meaning given the term in section 102 of the Higher Education
Act of 1965 (20 U.S.C. 1002).
``(4) The term `qualified educational service provider'
means an entity or person that is licensed by a State to
provide one or more of the educational services for which funds
may be expended under subsection (e), including--
``(A) a private school;
``(B) a non-public online learning program or
course provider;
``(C) an institution of higher education, which may
include a community college or a technical college;
``(D) a public school;
``(E) a private tutor or entity that operates a
tutoring facility;
``(F) a provider of educational materials or
curriculum;
``(G) a provider of education-related therapies or
services; or
``(H) any other provider of educational services
licensed by a State to provide such services.''.
(b) Table of Contents.--The table of contents in section 2 of the
Elementary and Secondary Education Act is amended by inserting after
the item relating to section 7012 the following:
``Sec. 7012A. Military education savings accounts.''.
SEC. 3. AUTHORIZATION OF APPROPRIATIONS.
Section 7014 of the Elementary and Secondary Education Act of 1965
(20 U.S.C. 7714) is amended by adding at the end the following:
``(f) Military Education Savings Accounts.--For the purpose of
carrying out section 7012A--
``(1) there are authorized to be appropriated
$1,200,000,000 for fiscal year 2024; and
``(2) for each fiscal year beginning after fiscal year
2024, the amount authorized to be appropriated shall be the
amount authorized to be appropriated for the previous fiscal
year increased by the percentage increase in the Chained
Consumer Price Index for All Urban Consumers (as published by
the Bureau of Labor Statistics of the Department of Labor) over
the period of such previous fiscal year.''.
<all>
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118S600
|
Stopping Overdoses of Fentanyl Analogues Act
|
[
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"Sen. Johnson, Ron [R-WI]",
"sponsor"
],
[
"B001310",
"Sen. Braun, Mike [R-IN]",
"cosponsor"
],
[
"C001095",
"Sen. Cotton, Tom [R-AR]",
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],
[
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"Sen. McConnell, Mitch [R-KY]",
"cosponsor"
],
[
"R000618",
"Sen. Ricketts, Pete [R-NE]",
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] |
<html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 600 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 600
To amend the Controlled Substances Act to list fentanyl-related
substances as schedule I controlled substances.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
March 1, 2023
Mr. Johnson (for himself, Mr. Braun, Mr. Cotton, and Mr. McConnell)
introduced the following bill; which was read twice and referred to the
Committee on the Judiciary
_______________________________________________________________________
A BILL
To amend the Controlled Substances Act to list fentanyl-related
substances as schedule I controlled substances.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Stopping Overdoses of Fentanyl
Analogues Act''.
SEC. 2. FENTANYL-RELATED SUBSTANCES.
(a) In General.--Schedule I of section 202(c) of the Controlled
Substances Act (21 U.S.C. 812(c)) is amended by adding at the end the
following:
``(e)(1) Unless specifically exempted or unless listed in another
schedule, any material, compound, mixture, or preparation which
contains any quantity of fentanyl-related substances, including their
isomers, esters, ethers, salts, and salts of isomers, esters, and
ethers, whenever the existence of such isomers, esters, ethers, and
salts is possible within the specific chemical designation.
``(2) In paragraph (1), the term `fentanyl-related substances'
includes any substance that is structurally related to fentanyl by 1 or
more of the following modifications:
``(A) By replacement of the phenyl portion of the phenethyl
group by any monocycle, whether or not further substituted in
or on the monocycle.
``(B) By substitution in or on the phenethyl group with
alkyl, alkenyl, alkoxyl, hydroxyl, halo, haloalkyl, amino, or
nitro groups.
``(C) By substitution in or on the piperidine ring with
alkyl, alkenyl, alkoxyl, ester, ether, hydroxyl, halo,
haloalkyl, amino, or nitro groups.
``(D) By replacement of the aniline ring with any aromatic
monocycle whether or not further substituted in or on the
aromatic monocycle.
``(E) By replacement of the N-propionyl group by another
acyl group.''.
(b) Effective Date.--This Act shall take effect 1 day after the
date of enactment of this Act.
<all>
</pre></body></html>
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|
118S601
|
Flood Insurance Affordability Act
|
[
[
"K000393",
"Sen. Kennedy, John [R-LA]",
"sponsor"
],
[
"R000595",
"Sen. Rubio, Marco [R-FL]",
"cosponsor"
]
] |
<p><b>Flood Insurance Affordability Act </b></p> <p>This bill lowers the annual limit on National Flood Insurance Program (NFIP) premium increases applicable to primary residences from 18% to 9%. </p>
|
<html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 601 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 601
To amend the National Flood Insurance Act of 1968 to modify the amount
by which the chargeable risk premium rate for flood insurance under
that Act may be increased in any year.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
March 1, 2023
Mr. Kennedy (for himself and Mr. Rubio) introduced the following bill;
which was read twice and referred to the Committee on Banking, Housing,
and Urban Affairs
_______________________________________________________________________
A BILL
To amend the National Flood Insurance Act of 1968 to modify the amount
by which the chargeable risk premium rate for flood insurance under
that Act may be increased in any year.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Flood Insurance Affordability Act''.
SEC. 2. ANNUAL LIMITATION ON PREMIUM INCREASES.
Section 1308(e)(1) of the National Flood Insurance Act of 1968 (42
U.S.C. 4015(e)(1)) is amended, in the matter preceding subparagraph
(A), by striking ``18 percent'' and inserting ``9 percent''.
<all>
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118S602
|
Risk Rating 2.0 Transparency Act
|
[
[
"K000393",
"Sen. Kennedy, John [R-LA]",
"sponsor"
],
[
"H001079",
"Sen. Hyde-Smith, Cindy [R-MS]",
"cosponsor"
]
] |
<html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 602 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 602
To require the Administrator of the Federal Emergency Management Agency
to take certain actions relating to the National Flood Insurance
Program, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
March 1, 2023
Mr. Kennedy (for himself and Mrs. Hyde-Smith) introduced the following
bill; which was read twice and referred to the Committee on Banking,
Housing, and Urban Affairs
_______________________________________________________________________
A BILL
To require the Administrator of the Federal Emergency Management Agency
to take certain actions relating to the National Flood Insurance
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 ``Risk Rating 2.0 Transparency Act''.
SEC. 2. TRANSPARENCY REQUIREMENTS.
(a) Definitions.--In this section--
(1) the term ``Administrator'' means the Administrator of
the Federal Emergency Management Agency; and
(2) the term ``National Flood Insurance Program'' means the
program established under the National Flood Insurance Act of
1968 (42 U.S.C. 4001 et seq.).
(b) Required Actions.--Not later than 1 year after the date of
enactment of this Act, the Administrator shall complete each of the
following actions:
(1) Make available to the public all data and methods used
to prescribe chargeable premium rates for types and classes of
properties for which insurance coverage is available under the
National Flood Insurance Act of 1968 (42 U.S.C. 4001 et seq.)
(referred to in this subsection as ``chargeable premium
rates'') under Risk Rating 2.0, or any substantially similar
methodology.
(2) Create an online database that is available to
policyholders under the National Flood Insurance Program that
provides each such policyholder with information regarding what
the chargeable premium rate for the applicable property of the
policyholder would be--
(A) under Risk Rating 2.0, or any substantially
similar methodology; and
(B) assuming that the limitation under section
1308(e) of the National Flood Insurance Act of 1968 (42
U.S.C. 4015(e)) were not in effect.
(3) Complete and publish a comprehensive assessment of the
economic and social impacts of implementing Risk Rating 2.0 (or
any substantially similar methodology) during the 20-year
period beginning in the year in which the assessment is made,
which shall include an evaluation of the effect that such
implementation will have, during that 20-year period, on--
(A) the affordability and availability of flood
insurance under the National Flood Insurance Program;
(B) property values; and
(C) non-Federal Government revenues.
(4) Supplement (and revise, as appropriate) the Record of
Decision for the final nationwide programmatic environmental
impact statement evaluating the environmental impacts of
proposed modifications to the National Flood Insurance Program
(83 Fed. Reg. 24328) to include the impacts of implementing
Risk Rating 2.0, or any substantially similar methodology.
(5) Demonstrate that the data and methods used to prescribe
chargeable premium rates under Risk Rating 2.0, or any
substantially similar methodology, satisfy the requirements
under section 515 of the Consolidated Appropriations Act, 2001
(Public Law 106-554; 114 Stat. 2763A-153), including that, in
implementing that methodology, the Administrator ensures and
maximizes the quality, objectivity, utility, and integrity of
information disseminated by the Administrator.
(6) Conduct public notice and comment rulemaking under
chapter 5 of title 5, United States Code, regarding Risk Rating
2.0, or any substantially similar methodology, which shall
include the development of a fair, transparent, and streamlined
process to manage--
(A) disputes over chargeable premium rates; and
(B) other factors with respect to the
implementation of that methodology.
(7) For each county in the United States, publish the
distribution of chargeable premium rates showing the median,
mean, lower and upper quartiles, maximum amount, and minimum
amount of chargeable premium rates under each of the following:
(A) The method used to prescribe chargeable premium
rates, as of September 30, 2021.
(B) The methodology projected to be used to
prescribe chargeable premium rates, as of April 1,
2022, assuming that the limitations under section
1308(e) of the National Flood Insurance Act of 1968 (42
U.S.C. 4015(e)) are applied.
(C) The methodology described in subparagraph (B),
assuming that the limitations described in that
subparagraph are not applied.
(D) The methodology described in subparagraph (B),
assuming that--
(i) the limitations described in that
subparagraph are applied; and
(ii) the administrative costs of the
National Flood Insurance Program are allocated
on a uniform, per contract basis rather than as
allocated under Risk Rating 2.0, or any
substantially similar methodology.
(E) The methodology described in subparagraph (B),
assuming that--
(i) the limitations described in that
subparagraph are not applied; and
(ii) the administrative costs of the
National Flood Insurance Program are allocated
on a uniform, per contract basis rather than as
allocated under Risk Rating 2.0, or any
substantially similar methodology.
(8) Submit to the Committee on Banking, Housing, and Urban
Affairs of the Senate and the Committee on Financial Services
of the House of Representatives a report detailing the
satisfaction of the requirements under paragraphs (1) through
(7).
<all>
</pre></body></html>
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|
118S603
|
FDA Accountability for Public Safety Act
|
[
[
"M001183",
"Sen. Manchin, Joe, III [D-WV]",
"sponsor"
],
[
"B001310",
"Sen. Braun, Mike [R-IN]",
"cosponsor"
],
[
"K000383",
"Sen. King, Angus S., Jr. [I-ME]",
"cosponsor"
]
] |
<html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 603 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 603
To establish procedures regarding the approval of opioid drugs by the
Food and Drug Administration.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
March 1, 2023
Mr. Manchin (for himself, Mr. Braun, and Mr. King) introduced the
following bill; which was read twice and referred to the Committee on
Health, Education, Labor, and Pensions
_______________________________________________________________________
A BILL
To establish procedures regarding the approval of opioid drugs by the
Food and Drug Administration.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``FDA Accountability for Public Safety
Act''.
SEC. 2. APPROVAL AGAINST THE RECOMMENDATION OF THE FDA ADVISORY
COMMITTEE ON OPIOID DRUGS.
(a) In General.--Any approval of an application or supplement to an
application under section 505(b) of the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 355(b)) for a drug that is an opioid against
the recommendation of the advisory committee pursuant to section 106 of
the Comprehensive Addiction and Recovery Act of 2016 (Public Law 114-
198) shall be made by the Commissioner of Food and Drugs (referred to
in this section as the ``Commissioner'') and shall not be delegated.
(b) Reports to Congress.--If the Commissioner approves a drug as
described in subsection (a), the Commissioner shall--
(1) submit a report to the Committee on Health, Education,
Labor, and Pensions of the Senate and the Committee on Energy
and Commerce of the House of Representatives, and to any member
of Congress that requests the report, that includes--
(A) medical and scientific evidence regarding
patient safety that clearly supports the Commissioner's
decision to approve the opioid drug against the
recommendation of the advisory committee; and
(B) a disclosure of any potential conflicts of
interest that may exist regarding any official of the
Food and Drug Administration who was involved in the
decision to approve the drug prior to the
Commissioner's final decision under subsection (a); and
(2) at the request of the Committee on Health, Education,
Labor, and Pensions of the Senate or the Committee on Energy
and Commerce of the House of Representatives, testify before
that committee regarding the Commissioner's decision to approve
the opioid drug against the recommendation of the advisory
committee.
(c) Prohibition on Marketing.--A drug approved as described in
subsection (a) shall not be introduced or delivered for introduction
into interstate commerce until the report described in subsection
(b)(1) has been submitted to Congress.
(d) Scope of Advisory Committee Review.--Section 106(a)(1)(A) of
the Comprehensive Addiction and Recovery Act of 2016 (Public Law 114-
198) is amended--
(1) by inserting ``, or supplement to an application,''
after ``application'' each place such term appears; and
(2) by striking ``of a new'' and inserting ``for a''.
<all>
</pre></body></html>
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|
118S604
|
Changing the Culture of the FDA Act
|
[
[
"M001183",
"Sen. Manchin, Joe, III [D-WV]",
"sponsor"
],
[
"B001310",
"Sen. Braun, Mike [R-IN]",
"cosponsor"
]
] |
<html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 604 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 604
To direct the Secretary of Health and Human Services to amend the
mission statement of the Food and Drug Administration.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
March 1, 2023
Mr. Manchin (for himself 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 direct the Secretary of Health and Human Services to amend the
mission statement of the Food and Drug Administration.
Be it enacted by the Senate 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 the Culture of the FDA
Act''.
SEC. 2. MISSION STATEMENT OF THE FOOD AND DRUG ADMINISTRATION.
The Secretary of Health and Human Services, acting through the
Commissioner of Food and Drugs, shall amend the mission statement of
the Food and Drug Administration to include the following statement:
``The FDA is also responsible for protecting the public health by
strongly considering the danger of addiction and overdose death
associated with prescription opioid medications when approving these
medications and when regulating the manufacturing, marketing, and
distribution of opioid medications.''.
<all>
</pre></body></html>
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|
118S605
|
Biking on Long-Distance Trails Act
|
[
[
"L000570",
"Sen. Lujan, Ben Ray [D-NM]",
"sponsor"
],
[
"C001096",
"Sen. Cramer, Kevin [R-ND]",
"cosponsor"
],
[
"M001183",
"Sen. Manchin, Joe, III [D-WV]",
"cosponsor"
],
[
"B001261",
"Sen. Barrasso, John [R-WY]",
"cosponsor"
]
] |
<p><strong>Biking on Long-Distance Trails Act</strong></p> <p>This bill establishes requirements related to long-distance bike trails.</p> <p>The Department of the Interior and the Department of Agriculture (USDA) shall identify </p> <ul> <li>not fewer than 10 long-distance bike trails that make use of existing trails and roads, and</li> <li>not fewer than 10 areas in which there is an opportunity to develop or complete such trails.</li> </ul> <p>Interior and USDA shall </p> <ul> <li>coordinate with stakeholders on the feasibility of, and identifying any resources necessary for, completing the development of the trails so identified; </li> <li>before identifying a trail or road as a long-distance bike trail, ensure that identifying a trail or road as a long-distance bike trail would not conflict with an existing use of the trail or road; and</li> <li>seek geographically equitable identification, development, and completion of long-distance bike trails.</li> </ul>
|
<html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 605 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 605
To require the Secretary of the Interior and the Secretary of
Agriculture to develop long-distance bike trails on Federal
recreational lands and waters, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
March 1, 2023
Mr. Lujan (for himself, Mr. Cramer, Mr. Manchin, and Mr. Barrasso)
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 the Interior and the Secretary of
Agriculture to develop long-distance bike trails on Federal
recreational lands and waters, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Biking on Long-Distance Trails
Act''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Federal recreational lands and waters.--The term
``Federal recreational lands and waters'' has the meaning given
the term in section 802 of the Federal Lands Recreation
Enhancement Act (16 U.S.C. 6801).
(2) Long-distance bike trail.--The term ``long-distance
bike trail'' means a continuous route, consisting of 1 or more
trails or rights-of-way, that--
(A) is not less than a total of 80 miles in length
on Federal recreational lands and waters;
(B) to the maximum extent practicable, makes use of
existing trails;
(C) is composed generally of a consistent type of
trail;
(D) may be used for mountain biking, bikepacking,
road biking, bicycle touring, or gravel biking; and
(E) may include short connections by way of a road
or highway.
(3) Secretaries.--The term ``Secretaries'' means each of--
(A) the Secretary; and
(B) the Secretary of Agriculture.
(4) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(5) Secretary concerned.--The term ``Secretary concerned''
means--
(A) the Secretary, with respect to land under the
jurisdiction of the Secretary; or
(B) the Secretary of Agriculture, with respect to
land managed by the Forest Service.
SEC. 3. LONG-DISTANCE BIKE TRAILS ON FEDERAL RECREATIONAL LANDS AND
WATERS.
(a) Identification of Long-Distance Bike Trails.--Subject to
subsection (b), the Secretaries shall--
(1) identify not fewer than 10 long-distance bike trails,
consistent with management requirements for the Federal
recreational lands and waters identified, that make use of
trails and roads in existence on the date of enactment of this
Act;
(2) identify not fewer than 10 areas in which there is an
opportunity to develop or complete long-distance bike trails,
consistent with the management requirements for the Federal
recreational lands and waters identified;
(3) coordinate with stakeholders on the feasibility of, and
identifying any resources necessary for, completing the
development of the trails identified under paragraph (2); and
(4) incorporate existing applicable research and planning
decisions in carrying out this Act.
(b) Conflict Avoidance With Other Uses.--Before identifying a trail
or road as a long-distance bike trail under subsection (a), the
Secretary concerned shall ensure that the identification of the long-
distance bike trail would not conflict with an existing use of the
trail or road, including horseback riding or use by pack and saddle
stock.
(c) Maps, Signage, and Promotional Materials.--For any long-
distance bike trail identified under subsection (a), the Secretary
concerned may publish and distribute maps, install signage, and issue
promotional materials.
(d) Geographic Representation.--To the extent practicable, the
Secretary concerned shall seek to identify long-distance bike trails
and areas for the development or completion of long-distance bike
trails under subsection (a) in a geographically equitable manner.
(e) Report.--Not later than 2 years after the date of enactment of
this Act, the Secretaries, in partnership with interested
organizations, shall prepare and publish a report that lists the long-
distance bike trails identified under subsection (a).
<all>
</pre></body></html>
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118S606
|
Protecting Americans from Dangerous Opioids Act
|
[
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"Sen. Manchin, Joe, III [D-WV]",
"sponsor"
],
[
"B001310",
"Sen. Braun, Mike [R-IN]",
"cosponsor"
]
] |
<html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 606 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 606
To require the Food and Drug Administration to revoke the approval of
one opioid pain medication for each new opioid pain medication
approved.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
March 1, 2023
Mr. Manchin (for himself 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 require the Food and Drug Administration to revoke the approval of
one opioid pain medication for each new opioid pain medication
approved.
Be it enacted by the Senate 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 Americans from Dangerous
Opioids Act''.
SEC. 2. FINDINGS.
Congress finds as follows:
(1) Drug overdoses killed more than 107,000 people in the
United States in 2021. Nearly two-thirds of all drug overdose
deaths involved a prescription opioid or synthetic opioid.
(2) According to the National Institute on Drug Abuse, 80
percent of new heroin users abused prescription opioids before
moving to heroin.
(3) The United States makes up only 4.25 percent of the
world's population, but consumes 80 percent of its opioid pain
medications.
(4) In 2020, health care providers in the United States
wrote nearly 143,000,000 prescriptions for painkillers, which
is 43 prescriptions per 100 people.
(5) The amount of prescription opioids sold in the United
States has increased without a reported increase in pain. At
the same time, overdose deaths involving opioids have
quadrupled since 1999, with more than 932,000 people having
died from a drug overdose.
(6) Although overdose death rates are beginning to see a
slow decline, over 106,000 people are predicted to have died of
drug overdose in 2022.
SEC. 3. REQUIREMENT TO REVOKE APPROVAL.
(a) In General.--Notwithstanding any other provision of law, if the
Secretary of Health and Human Services (referred to in this section as
the ``Secretary'') approves an application under subsection (b) or (j)
of section 505 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C.
355) for an opioid drug, the Secretary shall revoke the approval of
another opioid drug previously approved under subsection (c) or (j) of
such section 505.
(b) Considerations.--In determining the drug for which the
Secretary will revoke approval pursuant to subsection (a), the
Secretary shall--
(1) prioritize revocation of non-abuse deterrent
formulations of opioid drugs; and
(2) consider the public health impact of the opioid drug
being on the market.
<all>
</pre></body></html>
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|
118S607
|
EFFECTIVE Act
|
[
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"M001183",
"Sen. Manchin, Joe, III [D-WV]",
"sponsor"
],
[
"B001310",
"Sen. Braun, Mike [R-IN]",
"cosponsor"
]
] |
<html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 607 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 607
To allow the Secretary of Health and Human Services to deny approval of
a new drug application for an opioid analgesic drug on the basis of
such drug not being clinically superior to other commercially available
drugs.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
March 1, 2023
Mr. Manchin (for himself 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 allow the Secretary of Health and Human Services to deny approval of
a new drug application for an opioid analgesic drug on the basis of
such drug not being clinically superior to other commercially available
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 ``Ensuring the FDA Fully Examines
Clinical Trial Impact and Vitalness before Endorsement Act'' or the
``EFFECTIVE Act''.
SEC. 2. REQUIREMENT FOR APPROVAL OF NEW OPIOID ANALGESICS.
Section 505(c) of the Federal Food, Drug, and Cosmetic Act (21
U.S.C. 355(c)) is amended by adding at the end the following:
``(6) Notwithstanding any other provision of this section, the
Secretary may deny approval of an application submitted under
subsection (b) for an opioid analgesic drug if the Secretary determines
that such drug does not provide a significant advantage, in terms of
greater safety or effectiveness, compared to an appropriate comparator
drug, as determined by the Secretary.''.
<all>
</pre></body></html>
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|
118S608
|
Deerfield River Wild and Scenic River Study Act of 2023
|
[
[
"M000133",
"Sen. Markey, Edward J. [D-MA]",
"sponsor"
],
[
"W000817",
"Sen. Warren, Elizabeth [D-MA]",
"cosponsor"
],
[
"S000033",
"Sen. Sanders, Bernard [I-VT]",
"cosponsor"
],
[
"W000800",
"Sen. Welch, Peter [D-VT]",
"cosponsor"
]
] |
<p><strong>Deerfield River Wild and Scenic River Study Act of 2023</strong></p> <p>This bill designates the Deerfield River in Massachusetts and Vermont for potential addition to the national wild and scenic rivers system.</p>
|
<html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 608 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 608
To amend the Wild and Scenic Rivers Act to direct the Secretary of the
Interior to conduct a study of the Deerfield River for potential
addition to the national wild and scenic rivers system, and for other
purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
March 1, 2023
Mr. Markey (for himself, Ms. Warren, Mr. Sanders, and Mr. Welch)
introduced the following bill; which was read twice and referred to the
Committee on Energy and Natural Resources
_______________________________________________________________________
A BILL
To amend the Wild and Scenic Rivers Act to direct the Secretary of the
Interior to conduct a study of the Deerfield River for potential
addition to the national wild and scenic rivers system, and for other
purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Deerfield River Wild and Scenic
River Study Act of 2023''.
SEC. 2. DESIGNATION FOR STUDY; REPORT.
Section 5 of the Wild and Scenic Rivers Act (16 U.S.C. 1276) is
amended--
(1) in subsection (a), by adding at the end the following:
``(147) Deerfield river, massachusetts and vermont.--The
entire river, including--
``(A) the North, South, East, and West Branches of
the Deerfield River; and
``(B) the major tributaries of the Deerfield River,
including the Green River, North River, South River,
Clesson Brook, Chickley River, Cold River, Gulf Brook,
Bog Brook, and Dunbar Brook.''; and
(2) in subsection (b), by adding at the end the following:
``(24) Deerfield river, massachusetts and vermont.--Not
later than 3 years after the date on which funds are made
available to carry out this paragraph, the Secretary of the
Interior shall--
``(A) complete the study described in subsection
(a)(147); and
``(B) submit to the appropriate committees of
Congress a report describing the results of such
study.''.
<all>
</pre></body></html>
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|
118S609
|
Necessary Entrepreneurship Workshops via the SBA to Transform and Assist Re-entry Training Act of 2023
|
[
[
"C000141",
"Sen. Cardin, Benjamin L. [D-MD]",
"sponsor"
]
] |
<p><b>Necessary Entrepreneurship Workshops via the SBA to Transform and Assist Re-entry Training Act of 2023 or the NEW START Act of 2023</b></p> <p>This bill establishes a pilot program for providing entrepreneurial development assistance to formerly incarcerated individuals.</p> <p>Specifically, the bill requires the Small Business Administration to establish a pilot program whereby it awards grants to organizations or partnerships that create or support entrepreneurship programs for providing assistance to formerly incarcerated individuals. Such assistance shall be in the form of entrepreneurial development programming that may include the disbursement of microloans.</p> <p>The Government Accountability Office must submit a report evaluating the (1) services that grant recipients provide to formerly incarcerated individuals, (2) oversight of the pilot program by the SBA, and (3) overall performance and impacts of the pilot program.</p>
|
<html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 609 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 609
To establish a pilot program awarding competitive grants to
organizations administering entrepreneurial development programming to
formerly incarcerated individuals, and other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
March 1, 2023
Mr. Cardin introduced the following bill; which was read twice and
referred to the Committee on Small Business and Entrepreneurship
_______________________________________________________________________
A BILL
To establish a pilot program awarding competitive grants to
organizations administering entrepreneurial development programming to
formerly incarcerated individuals, and other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Necessary Entrepreneurship Workshops
via the SBA to Transform and Assist Re-entry Training Act of 2023'' or
the ``NEW START Act of 2023''.
SEC. 2. FINDINGS.
Congress finds that--
(1) according to the Department of Justice, every year,
over 600,000 individuals are released from prison and return
home to their communities, and almost 77 percent of those
individuals will reoffend within 5 years;
(2) according to the Brookings Institution, an estimated
48.5 percent of formerly incarcerated individuals will remain
unemployed or earn a negligible income for a period of 1 year
post-incarceration, increasing the risk for recidivism;
(3) according to the Florida State University Institute for
Justice Research and Development, formerly incarcerated
individuals see a reduction in earnings of 25 percent since
criminal records make it difficult to find stable employment;
(4) self-employment can provide economic stability for
those who are otherwise locked out of the labor market; and
(5) according to a paper entitled ``Entrepreneurship as a
Response to Labor Market Discrimination for Formerly
Incarcerated People''--
(A) the average individual without a criminal
record has a 7.09 percent likelihood of becoming an
entrepreneur, but justice-impacted individuals were
found to be more than 50 percent likely to choose
entrepreneurship with a 12.69 percent likelihood of
becoming an entrepreneur;
(B) entrepreneurship reduces the likelihood of
recidivism by 5.3 percent, which was a 32.5 percent
decrease from average recidivism rates for regular
employees who have been previously incarcerated; and
(C) formerly incarcerated individuals who choose
entrepreneurship make $2,700 more annually than
formerly incarcerated employees and that the income gap
between formerly incarcerated entrepreneurs and
entrepreneurs with no criminal record was 38 percent
lower than the income gap between formerly incarcerated
employees and employees with no criminal record.
SEC. 3. PILOT PROGRAM.
(a) Definitions.--In this Act--
(1) the terms ``Administration'' and ``Administrator'' mean
the Small Business Administration and the Administrator
thereof, respectively;
(2) the term ``appropriate committees of Congress'' means--
(A) the Committee on Small Business and
Entrepreneurship of the Senate; and
(B) the Committee on Small Business of the House of
Representatives;
(3) the term ``covered individual'' means an individual
who--
(A) completed a term of imprisonment in Federal,
State, or local jail or prison; and
(B) meets the offense eligibility requirements set
forth in any applicable policy notice or other guidance
issued by the Small Business Administration for the
program established under section 7(m) of the Small
Business Act (15 U.S.C. 636(m));
(4) the terms ``intermediary'' and ``microloan'' have the
meanings given those terms in section 7(m)(11) of the Small
Business Act (15 U.S.C. 636(m)(11));
(5) the term ``microloan intermediary'' means an
intermediary that is eligible to participate in the program
established under section 7(m) of the Small Business Act (15
U.S.C. 636(m));
(6) the term ``pilot program'' means the pilot program
established under subsection (b); and
(7) the term ``small business development center'' has the
meaning given the term in section 3 of the Small Business Act
(15 U.S.C. 632).
(b) Establishment.--Not later than 180 days after the date of
enactment of this Act, the Administrator shall establish a pilot
program to award grants to organizations over a 5-year period to create
or support existing entrepreneurship development programs to provide
assistance to covered individuals.
(c) Grant Requirements.--The Administrator shall--
(1) award grants under the pilot program to organizations,
or partnerships of organizations, which shall each receive a
grant in an amount greater than $100,000 and less than $500,000
annually over the 5-year period in which the pilot program is
in existence; and
(2) allocate grants under the pilot program to ensure that
the recipients are geographically varied throughout the United
States.
(d) Partnerships.--An applicant for a grant under the pilot program
may form partnerships with other organizations for the purposes of the
application submitted under subsection (e) and for conducting
entrepreneurial development programming.
(e) Application.--
(1) In general.--An organization or partnership of
organizations desiring a grant under the pilot program shall
submit an application to the Administrator in such form, in
such manner, and containing such information as the
Administrator may reasonably require.
(2) Contents.--An application submitted under paragraph (1)
shall--
(A) demonstrate that the applicant is a microloan
intemediary or an organization that administers the
Community Advantage Pilot Program of the
Administration, or has a partnership with such an
intermediary or organization, that may provide
microloans to qualified covered individuals, or, to the
extent that the applicant is a national organization in
multiple different markets, that a separate microloan
intermediary may be used in each such market;
(B) demonstrate strong community ties, including
those with the covered individual community, local
businesses, and political leaders;
(C) demonstrate an ability to provide a full range
of entrepreneurial development programming on an
ongoing basis;
(D) include a plan for reaching covered
individuals, including by identifying particular target
populations within the community;
(E) clearly define entrepreneurial development
capabilities, including coordination with existing
local resource partners of the Administration for
additional training as necessary;
(F) present an entrepreneurship development
curriculum, which may be a nationally recognized model
or based upon such a model;
(G) include a list of each partner organization;
and
(H) include a comprehensive plan for the use of
grant funds, including estimates for administrative and
outreach costs of running and evaluating the
entrepreneurship development program.
(f) Priority.--In determining whether to award a grant under the
pilot program, the Administrator may give priority to applicants based
on--
(1) whether the application includes a commitment from an
existing or new non-Federal funding source to meet the matching
requirement under subsection (g);
(2) whether the application takes into account local
economies and markets as a part of the educational component of
the entrepreneurship development program;
(3) the ability or plan of the applicant to provide
entrepreneurial development services concurrent with employment
or job training services; and
(4) whether the applicant has a history of effectively
providing entrepreneurial training or access to capital to
covered individuals.
(g) Matching Requirement.--
(1) In general.--As a condition of a grant provided under
the pilot program, the Administrator shall require the
recipient of the grant to contribute an amount equal to 25
percent of the amount of the grant, obtained solely from
existing or new non-Federal sources.
(2) Form.--In addition to cash or other direct funding, the
contribution required under paragraph (1) may include indirect
costs or in-kind contributions paid for under non-Federal
programs.
(h) Responsibilities.--A recipient of a grant under the pilot
program shall, to the maximum extent possible, connect covered
individuals to a range of Federal resources, including--
(1) the program established under section 7(m) of the Small
Business Act (15 U.S.C. 636(m));
(2) the Community Advantage Pilot Program of the
Administration;
(3) small business development centers;
(4) women's business centers described in section 29 of the
Small Business Act (15 U.S.C. 656);
(5) chapters of the Service Corps of Retired Executives
established under section 8(b)(1)(B) of the Small Business Act
((15 U.S.C. 637(b)(1)(B));
(6) Veteran Business Outreach Centers described in section
32 of the Small Business Act (15 U.S.C. 657b); and
(7) business centers established by the Minority Business
Development Agency.
(i) Reports.--
(1) In general.--Not later than 1 year after the date on
which the Administrator establishes the pilot program, and
every year thereafter until the pilot program terminates, the
Administrator shall submit to Congress a report on the
activities of the pilot program, including--
(A) a list of each grantee organization and each
partner organization;
(B) the characteristics of covered individuals
assisted under the entrepreneurship development
programs, including race and ethnicity, gender, age,
marital status, parental status, employment status,
income, banking and credit history, and prior business
experience;
(C) the participation and attendance rates for all
components of the entrepreneurship development
programs;
(D) the program retention rate;
(E) to the greatest extent practicable, the most
common reasons why participants do not complete the
program;
(F) the percentage of participants who remain non-
justice involved during the calendar year of the
program;
(G) the level of the covered individuals'
understanding of business concepts and principles;
(H) the level of the covered individuals' greater
confidence in leadership strengths, including the
results of an industry-recognized behavioral
assessment;
(I) the covered individuals' progress made toward
establishing a business;
(J) the experiences and perceptions of the covered
individuals;
(K) the number and dollar amount of loans made to
covered individuals;
(L) the number and dollar amount of loans made or
guaranteed by the Administration to covered
individuals; and
(M) such additional information as the
Administrator may require.
(2) GAO report.--Not later than 1 year after the date on
which the pilot program terminates, the Comptroller General of
the United States shall submit to the appropriate committees of
Congress a report that evaluates--
(A) the services that grant recipients provided to
covered individuals assisted under entrepreneurship
development programs;
(B) oversight of the pilot program by the
Administrator, including policies and procedures for
monitoring the compliance by grant recipients with
pilot program requirements and an assessment of the
effectiveness of the pilot program; and
(C) the overall performance of the pilot program
and the impacts of the pilot program on grant
recipients.
(j) Rule of Construction.--Nothing in this Act may be construed to
affect the program established under section 7(m) of the Small Business
Act (15 U.S.C. 636(m)), including--
(1) the requirements of that program;
(2) the manner in which that program is carried out; or
(3) the use or availability of any amounts that have been
made available to carry out that program.
(k) Authorization of Appropriations.--There are authorized to be
appropriated to the Administrator such sums as are necessary to carry
out the pilot program.
(l) Termination.--The pilot program shall terminate on the date
that is 5 years after the date on which the Administrator establishes
the pilot program.
<all>
</pre></body></html>
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[
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118S61
|
Combating Cartels on Social Media Act of 2023
|
[
[
"S001191",
"Sen. Sinema, Kyrsten [I-AZ]",
"sponsor"
],
[
"L000575",
"Sen. Lankford, James [R-OK]",
"cosponsor"
],
[
"K000377",
"Sen. Kelly, Mark [D-AZ]",
"cosponsor"
],
[
"H000601",
"Sen. Hagerty, Bill [R-TN]",
"cosponsor"
],
[
"T000464",
"Sen. Tester, Jon [D-MT]",
"cosponsor"
],
[
"T000476",
"Sen. Tillis, Thomas [R-NC]",
"cosponsor"
]
] |
<p><b>Combating Cartels on Social Media Act of 2023</b></p> <p>This bill requires the Department of Homeland Security (DHS) to report and implement a strategy to combat the use of social media by transnational criminal organizations to recruit individuals in the United States to support illicit activities in the United States or countries near a U.S. international border.</p> <p>DHS must also identify a designee within U.S. Customs and Border Protection to receive, process, and disseminate information about these social media recruitment activities. The information must be disseminated to federal, tribal, state, and local entities to support appropriate government functions, such as providing actionable intelligence to law enforcement.</p>
|
<html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 61 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 61
To require the Secretary of Homeland Security to implement a strategy
to combat the efforts of transnational criminal organizations to
recruit individuals in the United States via social media platforms and
other online services and assess their use of such platforms and
services for illicit activities, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
January 24 (legislative day, January 3), 2023
Ms. Sinema (for herself, Mr. Lankford, Mr. Kelly, and Mr. Hagerty)
introduced the following bill; which was read twice and referred to the
Committee on Homeland Security and Governmental Affairs
_______________________________________________________________________
A BILL
To require the Secretary of Homeland Security to implement a strategy
to combat the efforts of transnational criminal organizations to
recruit individuals in the United States via social media platforms and
other online services and assess their use of such platforms and
services for illicit activities, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Combating Cartels on Social Media
Act of 2023''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on Homeland Security and
Governmental Affairs of the Senate; and
(B) the Committee on Homeland Security of the House
of Representatives.
(2) Covered operator.--The term ``covered operator'' means
the operator, developer, or publisher of a covered service.
(3) Covered service.--The term ``covered service'' means--
(A) a social media platform;
(B) a mobile or desktop service with direct or
group messaging capabilities, but not including text
messaging services without other substantial social
functionalities or electronic mail services, that the
Secretary determines is, has been, or will be used by
transnational criminal organizations in connection with
matters described in section 3; and
(C) a digital platform, or an electronic
application utilizing the digital platform, involving
real-time interactive communication between multiple
individuals, including multi-player gaming services and
immersive technology platforms or applications, that
the Secretary determines is, has been, or will be used
by transnational criminal organizations in connection
with matters described in section 3.
(4) Department.--The term ``Department'' means the
Department of Homeland Security.
(5) Secretary.--The term ``Secretary'' means the Secretary
of Homeland Security.
SEC. 3. ASSESSMENT OF ILLICIT USAGE.
(a) In General.--Not later than 180 days after the date of
enactment of this Act, the Secretary shall submit to the appropriate
congressional committees an assessment describing--
(1) the use of covered services by transnational criminal
organizations or criminal enterprises acting on their behalf to
engage in recruitment efforts, including the recruitment of
individuals, including individuals under the age of 18, located
in the United States to engage in or provide support with
respect to illicit activities occurring in the United States,
Mexico, or otherwise in proximity to an international boundary
of the United States;
(2) the use of covered services by transnational criminal
organizations to engage in other illicit activities or other
conduct in support of illicit activities, including--
(A) smuggling or trafficking involving narcotics,
other controlled substances, precursors thereof, or
other items prohibited under the laws of the United
States, Mexico, or another relevant jurisdiction,
including firearms; and
(B) human smuggling or trafficking;
(3) the existing efforts of the Secretary and relevant
government and law enforcement entities to counter, monitor, or
otherwise respond to the usage of covered services described in
paragraphs (1) and (2);
(4) the existing efforts of covered operators to counter,
monitor, or otherwise respond to the usage of covered services
described in paragraphs (1) and (2); and
(5) the existing cooperative efforts between the Secretary,
other relevant government entities, and covered operators with
respect to the matters described in paragraphs (1) and (2).
SEC. 4. STRATEGY TO COMBAT CARTEL RECRUITMENT ON SOCIAL MEDIA AND
ONLINE PLATFORMS.
(a) In General.--Not later than 1 year after the date of enactment
of this Act, the Secretary shall submit to the appropriate
congressional committees a strategy, to be known as the National
Strategy to Combat Illicit Recruitment Activity by Transnational
Criminal Organizations on Social Media and Online Platforms, to combat
the use of covered services by transnational criminal organizations or
criminal enterprises acting on their behalf to recruit individuals
located in the United States to engage in or provide support with
respect to illicit activities occurring in the United States, Mexico,
or otherwise in proximity to an international boundary of the United
States.
(b) Elements.--
(1) In general.--The strategy required under subsection (a)
shall, at a minimum, include the following:
(A) A proposal to improve cooperation and
thereafter maintain cooperation between the Secretary,
relevant law enforcement entities, and appropriate
covered operators with respect to the matters described
in subsection (a).
(B) Recommendations to implement the requirement
under section 5(a)(2) to establish a centralized
mechanism for reporting information regarding the
United States recruitment efforts of transnational
criminal organizations involving covered services.
(C) A proposal to improve intragovernmental
coordination with respect to the matters described in
subsection (a), including between the Department and
State, Tribal, and local governments.
(D) A proposal to improve coordination within the
Department and between the components of the Department
with respect to the matters described in subsection
(a).
(E) Activities to facilitate increased intelligence
analysis for law enforcement purposes of efforts of
transnational criminal organizations to utilize covered
services for recruitment purposes.
(F) Activities to foster international partnerships
and enhance collaboration with foreign governments and,
as applicable, multilateral institutions with respect
to the matters described in subsection (a).
(G) Activities to facilitate proactive law
enforcement and other governmental efforts relating to
the efforts of transnational criminal organizations to
utilize covered services for recruitment purposes,
including activities intended to preempt through
outreach and engagement the commission of criminal
offenses by individuals located in the United States
who are targeted for recruitment by those transnational
criminal organizations.
(H) Activities to specifically increase engagement
and outreach with youth in border communities,
including regarding the recruitment tactics of
transnational criminal organizations and the
consequences of participation in illicit activities.
(2) Limitation.--The strategy required under subsection (a)
shall not include legislative recommendations or elements
predicated on the passage of legislation that is not enacted as
of the date on which the strategy is submitted under subsection
(a), including with respect to encryption policies or reforms
to section 230 of the Communications Act of 1934 (47 U.S.C.
230).
(c) Consultation.--In drafting and implementing the strategy
required under subsection (a), the Secretary shall, at a minimum,
consult and engage with--
(1) the heads of relevant components of the Department,
including--
(A) the Commissioner of U.S. Customs and Border
Protection;
(B) the Under Secretary for Intelligence and
Analysis;
(C) the Under Secretary for Science and Technology;
(D) the Director of U.S. Immigration and Customs
Enforcement;
(E) the Officer for Civil Rights and Civil
Liberties; and
(F) the Privacy Officer;
(2) the Secretary of State;
(3) the Director of the Federal Bureau of Investigation;
(4) the Administrator of the Drug Enforcement Agency;
(5) representatives of border communities, including
representatives of--
(A) State, Tribal, and local governments, including
school districts and local law enforcement; and
(B) nongovernmental organizations;
(6) covered operators, including representatives of--
(A) social media platforms, including operators of
platforms or applications--
(i) displaying short-form videos created by
users or third parties;
(ii) providing ephemeral content
transmission services; or
(iii) using algorithms or other means of
content prioritization to display a feed of
content or advertisements created by users or
third parties to other users;
(B) interactive entertainment platforms and
publishers; and
(C) companies developing immersive technology
platforms and applications on those platforms; and
(7) nongovernmental experts in the fields of--
(A) civil rights and civil liberties;
(B) online privacy;
(C) humanitarian assistance for migrants; and
(D) youth outreach and rehabilitation.
(d) Implementation.--
(1) In general.--Not later than 90 days after the date on
which the strategy required under subsection (a) is submitted
to the appropriate congressional committees, the Secretary
shall commence implementation of the strategy.
(2) Report.--
(A) In general.--Not later than 180 days after the
date on which the strategy required under subsection
(a) is implemented under paragraph (1), and
semiannually thereafter for 5 years, the Secretary
shall submit to the appropriate congressional
committees a report describing the efforts of the
Secretary to implement the strategy required under
subsection (a) and the progress of those efforts, which
shall include a description of--
(i) the recommendations, and corresponding
implementation of those recommendations, with
respect to the matters described in subsection
(b)(1)(B) relating to the mechanism required
under section 5(a)(2);
(ii) the interagency posture with respect
to the matters covered by the strategy required
under subsection (a), which shall include a
description of collaboration between the
Secretary, other Federal entities, State,
local, and Tribal entities, and foreign
governments;
(iii) actions taken pursuant to subsection
(c) that occurred between the Secretary and the
entities described in paragraphs (5) through
(7) of that subsection, provided that such
summaries are provided only in a classified or
other non-public manner; and
(iv) the threat landscape, including new
developments related to the United States
recruitment efforts of transnational criminal
organizations and the use by those
organizations of new or emergent covered
services and recruitment methods.
(B) Form.--Each report required under subparagraph
(A) shall be submitted in unclassified form, but may
contain a classified annex.
SEC. 5. INTELLIGENCE COLLECTION AND DISSEMINATION.
(a) In General.--Not later than 90 days after the date on which the
strategy required under section 4(a) is required to be submitted to the
appropriate congressional committees, the Secretary shall identify a
designee--
(1) to receive, process, and disseminate information and
communications involving the use of covered services by
transnational criminal organizations or criminal enterprises
acting on their behalf to recruit individuals located in the
United States to engage in or provide support with respect to
illicit activities occurring in the United States, Mexico, or
otherwise in proximity to an international boundary of the
United States; and
(2) to establish a mechanism, or if the designee determines
appropriate, multiple mechanisms, for covered operators to
voluntarily report relevant information or communications
described in paragraph (1).
(b) Procedure.--Upon the identification of the designee and the
establishment of the voluntary reporting mechanism required under
subsection (a)(2), the Secretary shall notify appropriate covered
operators in writing regarding the voluntary reporting mechanism,
including information regarding how to contact the designee and utilize
the voluntary reporting mechanism.
(c) Placement.--The designee identified under subsection (a) shall
be located in U.S. Customs and Border Protection.
(d) Dissemination.--The designee identified under subsection (a)
shall utilize the information and communications received pursuant to
this section to--
(1) provide Federal, Tribal, State, and local entities with
intelligence to assist with outreach and engagement efforts
intended to preempt the commission of criminal offenses by
individuals located in the United States who are targeted by
transnational criminal organizations for recruitment;
(2) provide Federal, Tribal, State, and local law
enforcement with actionable intelligence for law enforcement
relating to the United States recruitment efforts of
transnational criminal organizations; and
(3) further other appropriate government functions
involving efforts to prevent the recruitment of individuals
located in the United States by transnational criminal
organizations.
<all>
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[
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118S610
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Credit Union Board Modernization Act
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<p><b>Credit Union Board Modernization Act </b></p> <p>This bill revises the required frequency of meetings held by a credit union's board of directors. Specifically, new credit unions and credit unions with a low soundness rating must meet monthly. All other credit unions must hold at least six meetings annually, with at least one meeting held during each fiscal quarter. Currently, all credit union boards must meet at least once a month.</p>
|
<html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 610 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 610
To amend the Federal Credit Union Act to modify the frequency of board
of directors meetings, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
March 1, 2023
Ms. Sinema (for herself, Mr. Hagerty, Mr. Padilla, and Mr. Tillis)
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 modify the frequency of board
of directors meetings, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Credit Union Board Modernization
Act''.
SEC. 2. FREQUENCY OF BOARD OF DIRECTORS MEETINGS.
Section 113 of the Federal Credit Union Act (12 U.S.C. 1761b) is
amended--
(1) in paragraph (15), by striking ``monthly'' each place
the term appears;
(2) in the matter preceding paragraph (1), by striking
``The board of directors'' and inserting the following:
``(a) In General.--The board of directors'';
(3) in subsection (a), as so designated, in the matter
preceding paragraph (1), by striking ``shall meet at least once
a month and''; and
(4) by adding at the end the following:
``(b) Meetings.--The board of directors of a Federal credit union
shall meet as follows:
``(1) Not less frequently than monthly during the 5-year
period beginning on the date on which the organization
certificate of the Federal credit union is approved.
``(2) After the expiration of the 5-year period described
in paragraph (1)--
``(A) not less frequently than 6 times annually,
with at least 1 meeting held during each fiscal
quarter, with respect to a Federal credit union--
``(i) with composite rating of 1 or 2 under
the Uniform Financial Institutions Rating
System (or an equivalent rating under a
comparable rating system); and
``(ii) with a capability of management
rating under the composite rating described in
clause (i) of 1 or 2; and
``(B) not less frequently than monthly, with
respect to a Federal credit union--
``(i) with composite rating of 3, 4, or 5
under the Uniform Financial Institutions Rating
System (or an equivalent rating under a
comparable rating system); or
``(ii) with a capability of management
rating under the composite rating described in
clause (i) of 3, 4, or 5.''.
<all>
</pre></body></html>
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118S611
|
Energy Efficiency for Affordable Housing Act
|
[
[
"K000367",
"Sen. Klobuchar, Amy [D-MN]",
"sponsor"
],
[
"V000128",
"Sen. Van Hollen, Chris [D-MD]",
"cosponsor"
],
[
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"Sen. Warren, Elizabeth [D-MA]",
"cosponsor"
],
[
"S001203",
"Sen. Smith, Tina [D-MN]",
"cosponsor"
]
] |
<p><strong>Energy Efficiency for Affordable Housing Act</strong></p> <p>This bill increases the amount of the low-income housing tax credit for rehabilitation expenditures for buildings, including those in high cost areas, that achieve enhanced energy performance.</p>
|
<html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 611 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 611
To amend the Internal Revenue Code of 1986 to increase the low-income
housing credit for rehabilitation expenditures for buildings achieving
enhanced energy performance, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
March 1, 2023
Ms. Klobuchar (for herself, Mr. Van Hollen, Ms. Warren, and Ms. Smith)
introduced the following bill; which was read twice and referred to the
Committee on Finance
_______________________________________________________________________
A BILL
To amend the Internal Revenue Code of 1986 to increase the low-income
housing credit for rehabilitation expenditures for buildings achieving
enhanced energy performance, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Energy Efficiency for Affordable
Housing Act''.
SEC. 2. INCREASE OF CREDIT.
(a) In General.--Paragraph (2) of section 42(e) of the Internal
Revenue Code of 1986 is amended by adding at the end the following new
subparagraph:
``(C) Increase in credit for buildings achieving
enhanced energy performance.--
``(i) In general.--In the case of any
existing building to which subsection (b)(2)
does not apply which achieves enhanced energy
performance, the rehabilitation expenditures
taken into account under subparagraph (A) shall
be 130 percent of such expenditures determined
without regard to this subparagraph.
``(ii) Enhanced energy performance.--For
purposes of clause (i), a building achieves
enhanced energy performance if it meets either
of the following:
``(I) The minimum requirements of
an advanced building construction
standard which shall be determined by
the Secretary of Energy using
prescriptive or performance methods of
calculation and promulgated by the
Secretary of Energy within 180 days of
the date of the enactment of this
subparagraph.
``(II) In the case of a taxpayer
which elects (at such time and in such
manner as the Secretary may provide)
the application of this subclause with
respect to the building, a qualified
retrofit plan.
``(iii) Definitions.--For purposes of this
subparagraph--
``(I) Qualified retrofit plan.--The
term `qualified retrofit plan' means a
written plan prepared and stamped by a
qualified professional which specifies
modifications to a building which, in
the aggregate, are expected to reduce
such building's site energy usage
intensity by 50 percent or more in
comparison to the baseline energy usage
intensity of such building. Such plan
shall require a qualified professional
to certify--
``(aa) the baseline energy
usage intensity of the
building,
``(bb) that the
modifications are expected to
reduce such building's site
energy usage intensity by 50
percent or more in comparison
to the baseline energy usage
intensity of such building, and
``(cc) as of any date
following installation of
building modifications, that
such modifications have been
installed.
``(II) Baseline energy usage
intensity.--The term `baseline energy
usage intensity' means the site energy
usage intensity as of any date during
the 24-month period immediately
preceding the building modifications
described in the qualified retrofit
plan.
``(III) Site energy usage
intensity.--The site energy usage
intensity shall be determined for the
entire building in accordance with such
regulations or other guidance as the
Secretary may provide and measured in
British thermal units per square foot
per year.
``(IV) Qualified professional.--The
term `qualified professional' means an
individual who is a licensed architect
or a licensed engineer or meets such
other requirements as the Secretary of
Energy may provide.''.
(b) Increase for Buildings in High-Cost Areas.--Paragraph (2) of
section 42(e) of the Internal Revenue Code of 1986, as amended by
subsection (a), is further amended by adding at the end the following
new subparagraph:
``(D) Special rule for buildings in high-cost areas
which achieve enhanced energy performance.--In the case
of an existing building to which both subparagraph (C)
and subsection (d)(5)(B) apply (but for this
subparagraph)--
``(i) subsection (d)(5)(B)(i)(II) shall not
apply, and
``(ii) the rehabilitation expenditures
taken into account under subparagraph (A) shall
be 160 percent of such expenditures determined
without regard to this subparagraph.''.
(c) Effective Date.--
(1) In general.--Except as provided in paragraph (2), the
amendments made by this section shall apply to buildings with
respect to which housing credit dollar amounts are allocated
after December 31, 2023.
(2) Bond-financed projects.--In the case of any building
some portion of which, or of the land on which the building is
located, is financed by an obligation which is described in
section 42(h)(4)(A) of the Internal Revenue Code of 1986, the
amendments made by this section shall apply to any such
building financed by such an obligation which is part of an
issue the issue date of which is after December 31, 2023.
<all>
</pre></body></html>
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118S612
|
Lake Tahoe Restoration Reauthorization Act
|
[
[
"C001113",
"Sen. Cortez Masto, Catherine [D-NV]",
"sponsor"
],
[
"F000062",
"Sen. Feinstein, Dianne [D-CA]",
"cosponsor"
],
[
"R000608",
"Sen. Rosen, Jacky [D-NV]",
"cosponsor"
],
[
"P000145",
"Sen. Padilla, Alex [D-CA]",
"cosponsor"
]
] |
<html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 612 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 612
To reauthorize the Lake Tahoe Restoration Act, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
March 1, 2023
Ms. Cortez Masto (for herself, Mrs. Feinstein, Ms. Rosen, and Mr.
Padilla) introduced the following bill; which was read twice and
referred to the Committee on Energy and Natural Resources
_______________________________________________________________________
A BILL
To reauthorize the Lake Tahoe Restoration 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 ``Lake Tahoe Restoration
Reauthorization Act''.
SEC. 2. REAUTHORIZATION OF THE LAKE TAHOE RESTORATION ACT.
(a) Cooperative Authorities.--Section 4(f) of the Lake Tahoe
Restoration Act (Public Law 106-506) is amended by striking ``4 fiscal
years following the date of enactment of the Water Resources
Development Act of 2016'' and inserting ``period beginning on the date
of enactment of this subsection and ending on the date described in
section 10(a)''.
(b) Authorization of Appropriations.--Section 10(a) of the Lake
Tahoe Restoration Act (Public Law 106-506) is amended by striking ``for
a period'' and all that follows through the period at the end and
inserting ``, to remain available until September 30, 2034.''.
<all>
</pre></body></html>
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"Forests, forestry, trees",
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"Nevada",
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"Water quality",
"Water resources funding",
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118S613
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Protection of Women and Girls in Sports Act of 2023
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<p><b>Protection of Women and Girls in Sports Act of 2023</b></p> <p>This bill generally prohibits school athletic programs from allowing individuals whose biological sex at birth was male to participate in programs that are for women or girls.</p> <p>Specifically, the bill provides that it is a violation of Title IX of the Education Amendments of 1972 for federally funded education programs or activities to operate, sponsor, or facilitate athletic programs or activities that allow individuals of the male sex to participate in programs or activities that are designated for women or girls. (Title IX prohibits discrimination on the basis of sex in federally funded education programs or activities, including in public elementary and secondary schools and in colleges and universities.) Under the bill,<i> sex</i> is based on an individual's reproductive biology and genetics at birth.</p>
|
<html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 613 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 613
To provide that for purposes of determining compliance with title IX of
the Education Amendments of 1972 in athletics, sex shall be recognized
based solely on a person's reproductive biology and genetics at birth.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
March 1, 2023
Mr. Tuberville (for himself, Mr. Lee, Mr. Lankford, Mr. Cotton, Mrs.
Blackburn, Mr. Marshall, Mr. Budd, Mr. Cramer, Mrs. Hyde-Smith, Mr.
Braun, Mr. Scott of Florida, Mr. Risch, Mr. Crapo, Mr. Hagerty, Mr.
Rubio, Ms. Ernst, Ms. Lummis, Mr. Daines, Mr. Hawley, Mr. Mullin, Mr.
Graham, and Mrs. Britt) introduced the following bill; which was read
twice and referred to the Committee on Health, Education, Labor, and
Pensions
_______________________________________________________________________
A BILL
To provide that for purposes of determining compliance with title IX of
the Education Amendments of 1972 in athletics, sex shall be recognized
based solely on a person's reproductive biology and genetics at birth.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Protection of Women and Girls in
Sports Act of 2023''.
SEC. 2. AMENDMENT.
Section 901 of the Education Amendments of 1972 (20 U.S.C. 1681) is
amended by adding at the end the following:
``(d)(1) It shall be a violation of subsection (a) for a recipient
of Federal funds who operates, sponsors, or facilitates athletic
programs or activities to permit a person whose sex is male to
participate in an athletic program or activity that is designated for
women or girls.
``(2) For purposes of this subsection, sex shall be recognized
based solely on a person's reproductive biology and genetics at
birth.''.
<all>
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118S614
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Protecting Americans from Fentanyl Trafficking Act of 2023
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<p><strong></strong><b>Protecting Americans from Fentanyl Trafficking Act of 2023 </b></p> <p>This bill permanently places fentanyl-related substances as a class into schedule I of the Controlled Substances Act. A schedule I controlled substance is a drug, substance, or chemical that has a high potential for abuse; has no currently accepted medical value; and is subject to regulatory controls and administrative, civil, and criminal penalties under the Controlled Substances Act.</p> <p> The temporary scheduling order issued by the Drug Enforcement Administration to place fentanyl-related substances into schedule I of the Controlled Substances Act expires on December 31, 2024.</p>
|
<html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 614 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 614
To codify the temporary scheduling order for fentanyl-related
substances by adding fentanyl-related substances to schedule I of the
Controlled Substances Act.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
March 1, 2023
Mr. Cotton (for himself, Mr. Graham, Mr. McConnell, Mr. Kennedy, Mr.
Lee, Mr. Tillis, Mr. Cornyn, Mr. Cruz, and Mr. Hawley) introduced the
following bill; which was read twice and referred to the Committee on
the Judiciary
_______________________________________________________________________
A BILL
To codify the temporary scheduling order for fentanyl-related
substances by adding fentanyl-related substances to schedule I of the
Controlled Substances 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 ``Protecting Americans from Fentanyl
Trafficking Act of 2023''.
SEC. 2. PLACEMENT OF FENTANYL-RELATED SUBSTANCES IN SCHEDULE I.
Schedule I of section 202(c) of the Controlled Substances Act (21
U.S.C. 812(c)) is amended by adding at the end the following:
``(e)(1) Fentanyl-related substances, including their isomers,
esters, ethers, salts, and salts of isomers, esters, and ethers.
``(2) For purposes of paragraph (1), the term `fentanyl-related
substance' means any substance that--
``(A) is not listed in another schedule;
``(B) has not been approved under section 505 of the
Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355) or granted
an exemption for investigational use under subsection (i) of
such section 505; and
``(C) is structurally related to fentanyl by--
``(i) replacement of the phenyl portion of the
phenethyl group by any monocycle, whether or not
further substituted in or on the monocycle;
``(ii) substitution in or on the phenethyl group
with alkyl, alkenyl, alkoxyl, hydroxyl, halo,
haloalkyl, amino, or nitro groups;
``(iii) substitution in or on the piperidine ring
with alkyl, alkenyl, alkoxyl, ester, ether, hydroxyl,
halo, haloalkyl, amino, or nitro groups;
``(iv) replacement of the aniline ring with any
aromatic monocycle, whether or not further substituted
in or on the aromatic monocycle; or
``(v) replacement of the N-propionyl group by
another acyl group.''.
<all>
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118S615
|
Cabin Air Safety Act of 2023
|
[
[
"B001277",
"Sen. Blumenthal, Richard [D-CT]",
"sponsor"
],
[
"M000133",
"Sen. Markey, Edward J. [D-MA]",
"cosponsor"
],
[
"F000062",
"Sen. Feinstein, Dianne [D-CA]",
"cosponsor"
]
] |
<p><strong>Cabin Air Safety Act of 202</strong><b>3</b></p> <p>This bill directs the Federal Aviation Administration (FAA) to implement regulations regarding smoke or fume incidents on aircraft (excluding helicopters).</p> <p>Specifically, the bill requires</p> <ul> <li> flight attendants, pilots, aircraft maintenance technicians, airport first responders, and emergency response teams to receive annual training on how to respond to incidents on aircraft;</li> <li>the FAA to develop a standardized form and system for reporting incidents involving smoke or fumes;</li> <li>the FAA to conduct an investigation after a report is submitted about incidents of smoke or fumes if anybody on the aircraft required medical attention; and</li> <li> air carriers to install and operate onboard detectors and other air quality monitoring equipment situated in the air supply system to enable pilots and maintenance technicians to locate the sources of air supply contamination, including carbon monoxide.</li> </ul>
|
<html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 615 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 615
To improve the safety of the air supply on aircraft, and for other
purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
March 1, 2023
Mr. Blumenthal (for himself, Mr. Markey, and Mrs. Feinstein) introduced
the following bill; which was read twice and referred to the Committee
on Commerce, Science, and Transportation
_______________________________________________________________________
A BILL
To improve the safety of the air supply on 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 ``Cabin Air Safety Act of 2023''.
SEC. 2. IMPROVEMENTS TO THE SAFETY OF THE AIR SUPPLY ON AIRCRAFT.
(a) In General.--Subpart III of part A of subtitle VII of title 49,
United States Code, is amended by adding at the end the following new
chapter:
``CHAPTER 454--CABIN AIR QUALITY AND SAFETY
``Sec. 45401. Definition of Administrator
``In this chapter the term `Administrator' means the Administrator
of the Federal Aviation Administration.
``Sec. 45402. Training to respond to smoke or fume incidents on
aircraft
``(a) In General.--Not later than 180 days after the date of the
enactment of this section, the Administrator shall promulgate
regulations requiring flight attendants, pilots, aircraft maintenance
technicians, and airport first responders and emergency response teams
to receive training, not less frequently than annually, on how to
respond to incidents on board aircraft involving smoke or fumes.
``(b) Requirements.--The training required by subsection (a) shall
include the dissemination of educational materials with respect to the
following:
``(1) Sources and types of smoke and fumes on board
aircraft.
``(2) Odor and visual descriptors to allow an individual to
recognize the presence of engine oil and hydraulic fluid fumes
and other potentially hazardous fumes, such as fumes relating
to engine exhaust, ground service vehicle exhaust, fuel, de-
icing fluid, electrical failures, and ozone.
``(3) The potential for acute or chronic impairment to an
individual relating to such fumes.
``(4) Procedures for recognizing and responding to smoke
and fumes on board aircraft.
``(5) An overview of the system for reporting incidents of
smoke or fumes on board aircraft established under section
45403(a)(2).
``(6) Requirements relating to reporting incidents of smoke
and fumes on board aircraft to the Administrator under sections
45403 and 45405(b).
``Sec. 45403. Reporting of incidents of smoke or fumes on board
aircraft
``(a) In General.--Not later than 180 days after the date of the
enactment of this section, the Administrator shall--
``(1) develop a standardized form for flight attendants,
pilots, and aircraft maintenance technicians to report
incidents of smoke or fumes on board an aircraft operated by an
air carrier; and
``(2) establish a system for reporting incidents of smoke
or fumes on board aircraft that allows--
``(A) pilots, flight attendants, and aircraft
maintenance technicians to--
``(i) submit the form developed under
paragraph (1) to the Administrator and the
relevant air carrier; and
``(ii) receive a copy of such submission
for their records; and
``(B) pilots, flight attendants, aircraft
maintenance technicians, the collective bargaining
representative of employees of the air carrier, and air
carriers to search the reported incidents database
compiled by the Administrator for the purposes of
reviewing and monitoring incidents contained in the
database and assisting with investigations conducted
under section 45404.
``(b) Content of Forms.--The form developed under subsection (a)(1)
for reporting an incident of smoke or fumes on board an aircraft shall
include sections for the following information, if available at the
time of the report:
``(1) Identification of the flight number, the city pair,
the type of aircraft, the registration number of the aircraft,
and the individual reporting the incident.
``(2) Information about the presence of smoke, including a
description of the nature, intensity, and visual consistency
(if any).
``(3) Information about the presence of fumes, including a
description of the nature and intensity of the odor.
``(4) Information about the location of the smoke or fumes
in the aircraft.
``(5) Information about the source of the smoke or fumes,
including in relation to the air supply vents and electrical
system.
``(6) Information about the type of smoke or fumes.
``(7) Information about the engine manufacturer, engine
type, the engine serial number, and the age of the engine.
``(8) Information about--
``(A) the phase of flight during which smoke or
fumes were present;
``(B) the estimated duration of the smoke or fumes;
and
``(C) if the incident happened while the aircraft
was on the ground, information about the air supply
source at the time of the incident.
``(9) Other observations about the smoke or fumes.
``(10) A description of symptoms reported by crew members
and passengers and any required onboard medical attention.
``(11) Information with respect to whether crew members or
passengers used, needed, or were administered supplemental or
emergency oxygen.
``(12) Information regarding any disruption to the
operation of the flight or subsequent flights.
``(13) Information about relevant maintenance work
conducted on the aircraft prior to and following the incident.
``(14) Relevant air monitoring data collected during the
flight.
``(c) Public Availability of Smoke and Fume Event Information.--
``(1) In general.--Not less frequently than quarterly and
subject to paragraph (2), the Administrator shall compile, and
make available to the public, statistics regarding the
information obtained from the forms developed under subsection
(a)(1) and submitted to the Administrator.
``(2) Website.--The Administrator shall develop a publicly
available internet website that includes the aggregate data
required under paragraph (1) and a searchable database for the
events reported to the Administrator under subsection (a)(2)
that includes the following variables for each event:
``(A) Date.
``(B) Tail number.
``(C) Aircraft type.
``(D) Air carrier.
``(E) Phase of flight.
``(F) Location of smoke or fumes in the aircraft.
``(G) Description of smoke or fumes, including
relation to air supply vents and the nature and
intensity of the odor.
``(H) Engine or auxiliary power unit type.
``(I) Engine oil or hydraulic fluid type, including
product name.
``(J) Deidentified narrative.
``(K) Relevant maintenance information.
``(L) Such other criteria as the Administrator
considers appropriate.
``(3) Redaction.--Before making either individual event
information or aggregate data available to the public under
paragraph (1) or (2), the Administrator shall redact any
personally identifiable information.
``Sec. 45404. Investigations
``(a) In General.--Not later than 180 days after the date of the
enactment of this section, the Administrator shall promulgate
regulations--
``(1) authorizing the Federal Aviation Administration to,
at their discretion, conduct an investigation described in
subsection (b) not less than 7 days after a report is submitted
to the Administrator through the system for reporting incidents
of smoke or fumes on board aircraft established under section
45403(a)(2); and
``(2) requiring the Federal Aviation Administration to
conduct an investigation described in subsection (b) when the
report indicates that 1 or more crew members or passengers had
symptoms that required medical attention.
``(b) Requirements for Investigations.--An investigation described
in this subsection shall include the following:
``(1) Gathering factual and standardized information from
all flight attendants, pilots, aircraft maintenance
technicians, airport first responders, emergency response
teams, and medical doctors involved in the incident.
``(2) Gathering any reports submitted under section 45403
with respect to the incident.
``(3) Gathering technical findings on any replaced, worn,
missing, failed, or improperly serviced components that may
have resulted in the incident.
``(4) Identifying the cause of the incident, if possible.
``(c) Participation of Air Carriers and Collective Bargaining
Representatives.--In conducting an investigation under this section,
the Federal Aviation Administration shall--
``(1) consult with the air carrier involved;
``(2) work in conjunction with the technical
representatives of the air carrier; and
``(3) invite the participation of the collective bargaining
representative of employees of the air carrier.
``Sec. 45405. Air quality monitoring equipment
``(a) Requirement To Include on Aircraft.--Not later than 180 days
after the date of the enactment of this section, the Administrator
shall promulgate regulations requiring an air carrier, after 90 days
for public comment and not later than 1 year after the regulations are
finalized in the Federal Register--
``(1) to install and operate onboard detectors and other
air quality monitoring equipment that--
``(A) are situated in the air supply system to
enable pilots and maintenance technicians to identify
the location of the source or sources of air supply
contamination in real time, including any concentration
of carbon monoxide that is dangerous to human health;
``(B) continuously monitor any relevant marker
compound consistent with engine oil and hydraulic fluid
fume concentration in the aircraft cabin and air supply
system; and
``(C) alert the pilot and flight attendants to poor
air quality that is dangerous to human health; and
``(2) to have in place procedures to train the pilots to
initiate standardized communication and source isolation
protocols, as soon as appropriate, with the flight attendants
and air traffic controllers (as needed), and to apply their
professional judgement based on onboard conditions, all in
response to poor air quality that is dangerous to human health.
``(b) Authority of the Administrator.--The Administrator may
establish standards for aircraft cabin air quality, as the
Administrator determines is necessary to protect the health and safety
of air carrier crew members and passengers, in consultation with--
``(1) the Director of the National Institute for
Occupational Safety and Health of the Centers for Disease
Control and Prevention;
``(2) the Assistant Secretary of Labor for Occupational
Safety and Health; and
``(3) the Administrator of the Environmental Protection
Agency.
``(c) Inclusion of Information Relating to Air Quality Monitoring
Equipment in Aircraft Manuals.--Not later than 1 year after the date of
the enactment of this section, the Administrator shall promulgate
regulations requiring an aircraft manufacturer that manufactures
aircraft for air carriers to include procedures for responding to
alarms from air quality monitoring equipment required under subsection
(a) during normal and nonstandard operations in the flight operator's
manual for each such aircraft produced by the manufacturer.
``(d) Continuing Research To Develop Sensors and Techniques To
Monitor Cabin Air Quality.--The Administrator shall continue to
research, study, and identify emerging technologies suitable to provide
reliable warning of cabin air contamination from an aircraft bleed air
system, including through investigation and research into specific
sensors, methods, and operational techniques to prevent poor air
quality that is dangerous to human health.
``(e) Rule of Construction.--Nothing in this section may be
construed to imply that an investigation under section 45404 is not
necessary or that crew members and passengers have not been exposed to
smoke or fumes if the alarm from any air quality monitoring equipment
installed on an aircraft is not activated.
``Sec. 45406. Minimum equipment list for bleed air system
``Not later than 180 days after the date of the enactment of this
section, the Administrator shall promulgate regulations requiring any
manufacturer of aircraft that transports passengers or cargo to include
the air quality monitoring equipment required under section 45405 in
the master minimum equipment list for aircraft with a bleed air system
certified under section 44704 or for which certification was delegated
under section 44702(d).
``Sec. 45407. Authorization of appropriations
``There are authorized to be appropriated to the Administrator such
sums as may be necessary to carry out this chapter.
``Sec. 45408. Exclusion of helicopters
``The provisions of this chapter do not apply to helicopters.''.
(b) Conforming Amendments.--
(1) Table of contents.--The table of contents of subpart
III of part A of subtitle VII of title 49, United States Code,
is amended by inserting after the item relating to chapter 453
the following:
``Chapter 454--Cabin Air Quality and Safety
``45401. Definition of Administrator.
``45402. Training to respond to smoke or fume incidents on aircraft.
``45403. Reporting of incidents of smoke or fumes on board aircraft.
``45404. Investigations.
``45405. Air quality monitoring equipment.
``45406. Minimum equipment list for bleed air system.
``45407. Authorization of appropriations.
``45408. Exclusion of helicopters.''.
(2) Conforming repeal.--Section 326 of the FAA
Reauthorization Act of 2018 (49 U.S.C. 40101 note) and the item
relating to that section in the table of contents under section
1(b) of that Act are repealed.
<all>
</pre></body></html>
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118S616
|
Leech Lake Reservation Restoration Technical Corrections Act of 2023
|
[
[
"S001203",
"Sen. Smith, Tina [D-MN]",
"sponsor"
],
[
"K000367",
"Sen. Klobuchar, Amy [D-MN]",
"cosponsor"
]
] |
<p><strong>Leech Lake Reservation Restoration Technical Corrections Act of 2023</strong></p> <p>This bill provides for the transfer of certain federal land located in the Chippewa National Forest in Cass County, Minnesota, to the Leech Lake Band of Ojibwe. </p> <p><em></em>The Department of Agriculture (USDA) must transfer to the tribe land in the Chippewa National Forest that records maintained by the Bureau of Indian Affairs show was sold without the consent of a majority of the rightful landowners.</p> <p>Upon agreement between USDA and the tribe, USDA shall substitute alternative National Forest System land located in Cass County on an acre-for-acre basis for those parcels of federal land to be transferred that are found to be unsuitable for the future uses of the tribe.</p> <p>USDA may transfer land to the tribe on a rolling basis as that land is identified and surveys are completed.</p> <p>Any such agreement and any transfer of land made pursuant to such agreement shall be considered a final agency action.</p>
|
<html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 616 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 616
To amend the Leech Lake Band of Ojibwe Reservation Restoration Act to
provide for the transfer of additional Federal land to the Leech Lake
Band of Ojibwe, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
March 1, 2023
Ms. Smith (for herself and Ms. Klobuchar) introduced the following
bill; which was read twice and referred to the Committee on Indian
Affairs
_______________________________________________________________________
A BILL
To amend the Leech Lake Band of Ojibwe Reservation Restoration Act to
provide for the transfer of additional Federal land to the Leech Lake
Band of Ojibwe, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Leech Lake Reservation Restoration
Technical Corrections Act of 2023''.
SEC. 2. TRANSFER OF ADDITIONAL FEDERAL LAND.
(a) Findings.--Section 2(a)(5) of the Leech Lake Band of Ojibwe
Reservation Restoration Act (Public Law 116-255; 134 Stat. 1140) is
amended by striking subparagraph (B) and inserting the following:
``(B) does not intend immediately to modify the use
of the Federal land.''.
(b) Inclusion of Additional Federal Land.--Section 2 of the Leech
Lake Band of Ojibwe Reservation Restoration Act (Public Law 116-255;
134 Stat. 1139) is amended--
(1) in subsection (b)(1)--
(A) in subparagraph (A)--
(i) by striking ``means the approximately''
and inserting ``means--
``(i) the approximately'';
(ii) in clause (i) (as so designated), by
striking the period at the end and inserting
``; and''; and
(iii) by adding at the end the following:
``(ii) any other land managed by the
Secretary, through the Chief of the Forest
Service, located in the Chippewa National
Forest in Cass County, Minnesota, which records
maintained by the Bureau of Indian Affairs show
was sold without the consent of a majority of
the rightful landowners.''; and
(B) in subparagraph (B)--
(i) by redesignating clauses (i) and (ii)
as clauses (ii) and (iii), respectively; and
(ii) by inserting before clause (ii) (as so
redesignated) the following:
``(i) any land transferred pursuant to an
agreement entered into between the Secretary
and the Tribe under subsection (c)(2);'';
(2) in subsection (c)--
(A) in paragraph (1), by striking ``paragraph (2)''
and inserting ``paragraphs (2) and (3)'';
(B) by redesignating paragraph (2) as paragraph
(3); and
(C) by inserting after paragraph (1) the following:
``(2) Agreement.--
``(A) In general.--On agreement between the
Secretary and the Tribe, the Secretary shall
substitute, for purposes of the transfer under
paragraph (1), alternative National Forest System land
located in Cass County, Minnesota, on an acre-for-acre
basis, for those parcels of Federal land to be
transferred under that paragraph that are found to be
unsuitable for the future uses of the Tribe.
``(B) Frequency of transfers.--Pursuant to an
agreement entered into under subparagraph (A), the
Secretary may transfer land to the Tribe on a rolling
basis as that land is identified and surveys are
completed.
``(C) Final agency action.--An agreement described
in subparagraph (A), and any transfer of land made
pursuant to an agreement entered into under that
subparagraph, shall be considered a final agency action
under subchapter II of chapter 5, and chapter 7, of
title 5, United States Code.''; and
(3) in subsection (d)--
(A) in paragraph (1)--
(i) in subparagraph (A), by inserting
``described in subsection (b)(1)(A)(i)'' after
``Federal land''; and
(ii) in subparagraph (B), by striking
``submit a map and legal description of the
Federal land'' and inserting ``submit maps and
legal descriptions of the Federal land
transferred pursuant to paragraphs (1) and (2)
of subsection (c), as applicable,'';
(B) in paragraph (2)--
(i) by striking ``map and legal
description'' and inserting ``maps and legal
descriptions''; and
(ii) by striking ``map or legal
description'' and inserting ``maps or legal
descriptions''; and
(C) in paragraph (3), by striking ``map and legal
description'' and inserting ``maps and legal
descriptions''.
<all>
</pre></body></html>
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118S617
|
COAST Anti-Drilling Act
|
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"cosponsor"
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"cosponsor"
],
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"C001088",
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"P000145",
"Sen. Padilla, Alex [D-CA]",
"cosponsor"
],
[
"V000128",
"Sen. Van Hollen, Chris [D-MD]",
"cosponsor"
]
] |
<html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 617 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 617
To amend the Outer Continental Shelf Lands Act to permanently prohibit
the conduct of offshore drilling on the outer Continental Shelf in the
Mid-Atlantic, South Atlantic, North Atlantic, and Straits of Florida
planning areas.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
March 1, 2023
Mr. Menendez (for himself, Mr. King, Mr. Reed, Mr. Booker, Mr.
Whitehouse, Mrs. Feinstein, Mr. Blumenthal, Mr. Markey, Ms. Warren, Mr.
Sanders, Mr. Cardin, Mr. Wyden, Mr. Merkley, Mr. Coons, Mr. Padilla,
and Mr. Van Hollen) introduced the following bill; which was read twice
and referred to the Committee on Energy and Natural Resources
_______________________________________________________________________
A BILL
To amend the Outer Continental Shelf Lands Act to permanently prohibit
the conduct of offshore drilling on the outer Continental Shelf in the
Mid-Atlantic, South Atlantic, North Atlantic, and Straits of Florida
planning areas.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Clean Ocean And Safe Tourism Anti-
Drilling Act'' or the ``COAST Anti-Drilling Act''.
SEC. 2. PROHIBITION OF OIL AND GAS LEASING IN CERTAIN AREAS OF THE
OUTER CONTINENTAL SHELF.
Section 8 of the Outer Continental Shelf Lands Act (43 U.S.C. 1337)
is amended by adding at the end the following:
``(q) Prohibition of Oil and Gas Leasing in Certain Areas of the
Outer Continental Shelf.--Notwithstanding any other provision of this
section or any other law, the Secretary of the Interior shall not issue
a lease or any other authorization for the exploration, development, or
production of oil, natural gas, or any other mineral in--
``(1) the Mid-Atlantic planning area;
``(2) the South Atlantic planning area;
``(3) the North Atlantic planning area; or
``(4) the Straits of Florida planning area.''.
<all>
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118S618
|
United States Foundation for International Conservation Act of 2023
|
[
[
"C001088",
"Sen. Coons, Christopher A. [D-DE]",
"sponsor"
],
[
"G000359",
"Sen. Graham, Lindsey [R-SC]",
"cosponsor"
],
[
"W000802",
"Sen. Whitehouse, Sheldon [D-RI]",
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[
"T000476",
"Sen. Tillis, Thomas [R-NC]",
"cosponsor"
],
[
"H001046",
"Sen. Heinrich, Martin [D-NM]",
"cosponsor"
],
[
"B001236",
"Sen. Boozman, John [R-AR]",
"cosponsor"
]
] |
<html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 618 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 618
To establish the United States Foundation for International
Conservation to promote long-term management of protected and conserved
areas, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
March 1, 2023
Mr. Coons (for himself, Mr. Graham, Mr. Whitehouse, Mr. Tillis, Mr.
Heinrich, and Mr. Boozman) introduced the following bill; which was
read twice and referred to the Committee on Foreign Relations
_______________________________________________________________________
A BILL
To establish the United States Foundation for International
Conservation to promote long-term management of protected and conserved
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 ``United States Foundation for
International Conservation Act of 2023''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on Appropriations of the Senate;
(B) the Committee on Foreign Relations of the
Senate;
(C) the Committee on Appropriations of the House of
Representatives; and
(D) the Committee on Foreign Affairs of the House
of Representatives.
(2) Board.--The term ``Board'' means the Board of Directors
established pursuant to section 4(a).
(3) Director.--The term ``Director'' means--
(A) an initial member of the Board appointed
pursuant to section 4(a)(2)(C); or
(B) a member of the Board selected to fill a
vacancy pursuant to section 4(a)(3)(B).
(4) Eligible country.--The term ``eligible country'' means
any of the countries described in section 7(b).
(5) Eligible project.--The term ``eligible project'' means
any of the projects described in section 7(a)(2).
(6) Executive director.--The term ``Executive Director''
means the Executive Director of the Foundation hired pursuant
to section 4(b).
(7) Foundation.--The term ``Foundation'' means the United
States Foundation for International Conservation established
pursuant to section 3(a).
(8) Secretary.--The term ``Secretary'' means the Secretary
of State.
SEC. 3. UNITED STATES FOUNDATION FOR INTERNATIONAL CONSERVATION.
(a) Establishment.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act, the Secretary shall establish the
United States Foundation for International Conservation.
(2) Independence.--The Foundation is not an agency or
instrumentality of the United States Government.
(3) Tax-exempt status.--The Board shall take all necessary
and appropriate steps to ensure that the Foundation is an
organization described in subsection (c) of section 501 of the
Internal Revenue Code of 1986, which exempts the organization
from taxation under subsection (a) of such section.
(4) Termination of operations.--The Foundation shall
terminate operations on the date that is 10 years after the
date on which it is established pursuant to paragraph (1).
(b) Purposes.--The purposes of the Foundation are--
(1) to promote effective, long-term management of protected
and conserved areas and their contiguous buffer zones in
eligible countries;
(2) to advocate for, incentivize, accept, and administer
governmental and nongovernmental funds, including donations
from the private sector, to increase the availability and
predictability of financing for long-term management of
protected and conserved areas;
(3) to close critical gaps in public international
conservation efforts by--
(A) increasing private sector investment, including
investments from philanthropic entities; and
(B) collaborating with partners providing bilateral
and multilateral financing to support enhanced
coordination;
(4) to identify and financially support implementation-
ready projects--
(A) that promote long-term management of protected
and conserved areas and their contiguous buffer zones
in eligible countries, including supporting the
management of terrestrial, coastal, freshwater, and
marine protected areas, parks, community conservancies,
indigenous reserves, conservation easements, and
biological reserves; and
(B) that provide effective area-based conservation
measures, consistent with internationally recognized
best practices and standards for environmental and
social safeguards; and
(5) to coordinate with, and otherwise support and assist,
foreign governments, private sector entities, local
communities, Indigenous Peoples, and other stakeholders in
undertaking biodiversity conservation activities--
(A) to achieve sustainable biodiversity
conservation outcomes; and
(B) to improve local security, governance, food
security, and economic opportunities.
SEC. 4. GOVERNANCE OF THE FOUNDATION.
(a) Board of Directors.--
(1) Governance.--The Foundation shall be governed by a
Board of Directors.
(2) Composition.--
(A) In general.--The Board shall be composed of--
(i) the Directors described in subparagraph
(B); and
(ii) Appointed Directors described in
subparagraph (C).
(B) Directors.--The following individuals, or
designees of such individuals, shall serve as
Directors:
(i) The Secretary of State.
(ii) The Administrator of the United States
Agency for International Development.
(iii) The Secretary of the Interior.
(iv) The Chief of the United States Forest
Service.
(v) The Administrator of the National
Oceanic and Atmospheric Administration.
(C) Appointed directors.--The Secretary, in
consultation with the other Directors described in
subparagraph (B), shall appoint, as Directors of the
Board--
(i) 4 private-sector committed donors; and
(ii) 5 independent experts who represent
diverse points of view, to the maximum extent
practicable.
(D) Qualifications.--Each independent expert
appointed pursuant to subparagraph (C) shall be
knowledgeable and experienced in matters relating to--
(i) international development;
(ii) protected area management and the
conservation of global biodiversity, fish and
wildlife, ecosystem restoration, adaptation,
and resilience; and
(iii) grantmaking in support of
international conservation.
(E) Chairperson.--The Board shall elect, from among
its Directors, a Chairperson, who shall serve for a 2-
year term.
(3) Terms; vacancies.--
(A) Terms.--
(i) In general.--The term of service of
each Director appointed pursuant to paragraph
(2)(C) shall be not more than 5 years.
(ii) Initial appointed directors.--Of the
initial Directors appointed pursuant to
paragraph (2)(C)--
(I) 5 Directors, including at least
2 private-sector committed donors,
shall serve for 4 years; and
(II) 4 Directors shall serve for 5
years, as determined by the Chairperson
of the Board.
(B) Vacancies.--Any vacancy in the membership of
the appointed Directors of the Board--
(i) shall be filled in accordance with the
bylaws of the Foundation by a private-sector
committed donor or an independent expert who
meets the qualifications under subparagraph
(C)(ii)(A), as applicable, as represented by
the vacating Director;
(ii) shall not affect the power of the
remaining appointed Directors to execute the
duties of the Board; and
(iii) shall be filled by an individual
selected by the Board.
(4) Quorum.--A majority of the current membership of the
Board shall constitute a quorum for the transaction of
Foundation business.
(5) Meetings.--
(A) In general.--The Board shall meet at the call
of the Chairperson not less frequently than annually.
(B) Initial meeting.--Not later than 60 days after
the Board is established pursuant to section 3(a), the
Secretary shall convene a meeting of the ex-officio
Directors and the appointed Directors of the Board to
incorporate the Foundation.
(C) Removal.--Any Director who misses 3 consecutive
regularly scheduled meetings may be removed from the
Board.
(6) Reimbursement of expenses.--Directors of the Board
shall serve without pay, but may be reimbursed for the actual
and necessary traveling and subsistence expenses incurred in
the performance of the duties of the Foundation.
(7) Not federal employees.--Appointment as a Director of
the Board shall not constitute employment by, or the holding of
an office of, the United States for purposes of any Federal
law.
(8) Duties.--The Board shall--
(A) establish bylaws for the Foundation in
accordance with paragraph (9);
(B) provide overall direction for the activities of
the Foundation and establish priority activities;
(C) carry out any other necessary activities of the
Foundation;
(D) evaluate the performance of the Executive
Director; and
(E) not less frequently than annually, consult and
coordinate with stakeholders qualified to provide
advice, assistance, and information regarding effective
protected and conserved area management.
(9) Bylaws.--
(A) In general.--The bylaws established pursuant to
paragraph (8)(A) may include--
(i) policies for the selection of Directors
of the Board and officers, employees, agents,
and contractors of the Foundation;
(ii) policies, including ethical standards,
for--
(I) the acceptance, solicitation,
and disposition of donations and grants
to the Foundation; and
(II) the disposition of assets of
the Foundation;
(iii) policies that subject all employees,
fellows, trainees, and other agents of the
Foundation (including ex-officio Directors and
appointed Directors of the Board) to conflict
of interest standards; and
(iv) the specific duties of the Executive
Director.
(B) Requirements.--The Board shall ensure that the
bylaws of the Foundation and the activities carried out
under such bylaws do not--
(i) reflect unfavorably on the ability of
the Foundation to carry out activities in a
fair and objective manner; or
(ii) compromise, or appear to compromise,
the integrity of any governmental agency or
program, or any officer or employee employed
by, or involved in, a governmental agency or
program.
(b) Executive Director.--The Board shall hire an Executive Director
of the Foundation, who shall serve, at the pleasure of the Board, as
the Chief Executive Officer of the Foundation.
(c) Foundation Staff.--Officers and employees of the Foundation--
(1) may not be employees of, or hold any office in, the
United States Government; and
(2) shall be appointed without regard to the provisions
of--
(A) title 5, United States Code, governing
appointments in the competitive service; and
(B) chapter 51 and subchapter III of chapter 53 of
such title, relating to classification and General
Schedule pay rates.
(d) Limitation and Conflicts of Interests.--
(1) Political participation.--The Foundation may not
participate or intervene in any political campaign on behalf of
any candidate for public office in any country.
(2) Financial interests.--Any Director of the Board or
officer or employee of the Foundation is prohibited from
participating, directly or indirectly, in the consideration or
determination of any question before the Foundation affecting--
(A) the financial interests of such Director,
officer, or employee; and
(B) the interests of any corporation, partnership,
entity, or organization in which such Director,
officer, or employee has any fiduciary obligation or
direct or indirect financial interest.
SEC. 5. CORPORATE POWERS AND OBLIGATIONS OF THE FOUNDATION.
(a) General Authority.--
(1) In general.--The Foundation--
(A) shall have perpetual succession unless
dissolved by an Act of Congress;
(B) may conduct business throughout the States,
territories, and possessions of the United States and
in foreign countries;
(C) shall have its principal offices in the
Washington, DC metropolitan area; and
(D) shall continuously maintain a designated agent
in Washington, DC who is authorized to accept notice or
service of process on behalf of the Foundation.
(2) Notice and service of process.--The serving of notice
to, or service of process upon, the agent referred to in
paragraph (1)(D), or mailed to the business address of such
agent, shall be deemed as service upon, or notice to, the
Foundation.
(3) Seal.--The Foundation shall have an official seal,
which shall be selected by the Board and judicially noticed.
(b) Authorities.--In addition to powers explicitly authorized under
this Act, the Foundation, in order to carry out the purposes described
in section 3(b), shall have the usual powers of a corporation
headquartered in Washington, DC, including the authority--
(1) to accept, receive, solicit, hold, administer, and use
any gift, devise, or bequest, either absolutely or in trust, or
real or personal property or any income derived from such gift
or property, or other interest in such gift or property;
(2) to acquire by donation, gift, devise, purchase, or
exchange any real or personal property or interest in such
property;
(3) unless otherwise required by the instrument of
transfer, to sell, donate, lease, invest, reinvest, retain, or
otherwise dispose of any property or income derived from such
property;
(4) to borrow money and issue bonds, debentures, or other
debt instruments;
(5) to complain and defend itself in any court of competent
jurisdiction (except that the Directors of the Board shall not
be personally liable, except for gross negligence);
(6) to enter into contracts or other arrangements with
public agencies, private organizations, and persons and to make
such payments as may be necessary to carry out the purposes of
such contracts or arrangements; and
(7) to award grants for eligible projects, in accordance
with section 7.
(c) Property Interests.--
(1) Interest in real property.--In this subsection, the
term ``interest in real property'' includes--
(A) mineral and water rights;
(B) rights of way; and
(C) easements appurtenant or in gross.
(2) In general.--The Foundation may acquire, hold, and
dispose of lands, waters, and other interests in real property
by donation, gift, devise, purchase, or exchange.
(3) Limits to property rights.--A gift, devise, or bequest
may be accepted by the Foundation even though it is encumbered,
restricted, or subject to beneficial interests of private
persons if any current or future interest therein is for the
benefit of the Foundation.
(d) Federal Funds.--
(1) In general.--The Foundation may--
(A) hold Federal funds made available, but not
immediately disbursed; and
(B) use any interest or other investment income
earned on such Federal funds to carry out the purposes
of the Foundation under this Act.
(2) Limitation.--Investments made pursuant to paragraph
(1)(B) may only be made in--
(A) interest-bearing obligations of the United
States; or
(B) obligations guaranteed as to both principal and
interest by the United States.
(e) Limitation of Public Liability.--The United States shall not be
liable for any debts, defaults, acts, or omissions of the Foundation.
SEC. 6. SAFEGUARDS AND ACCOUNTABILITY.
(a) Safeguards.--The Foundation shall develop, and incorporate into
any agreement for support provided by the Foundation, appropriate
safeguards, policies, and guidelines, consistent with internationally
recognized best practices and standards for environmental and social
safeguards.
(b) Independent Accountability Mechanism.--
(1) In general.--The Foundation shall establish a
transparent and independent accountability mechanism, which
shall provide--
(A) a compliance review function that assesses
whether Foundation-supported projects adhere to the
requirements developed pursuant to subsection (a);
(B) a dispute resolution function for resolving
concerns between complainants and project implementers
regarding the impacts of specific Foundation-supported
projects with respect to such standards; and
(C) an advisory function that reports to the
Foundation on projects, policies, and practices.
(2) Duties.--The accountability mechanism shall--
(A) report annually to the Board and to the
appropriate congressional committees regarding the
Foundation's compliance with internationally recognized
best practices and standards in accordance with
paragraph (1)(A);
(B)(i) have permanent staff to conduct compliance
reviews and dispute resolutions; or
(ii) maintain a roster of experts to serve such
roles, to the extent needed; and
(C) hold a public comment period lasting not fewer
than 60 days regarding the initial design of the
accountability mechanism.
SEC. 7. PROJECTS AND GRANTS.
(a) Project Funding Requirements.--
(1) In general.--The Foundation shall--
(A) fund eligible projects that support its mission
to provide long-term funding for the effective
management of protected and conserved areas and their
contiguous buffer zones in eligible countries; and
(B) recognize the importance of a landscape or
seascape approach to conservation that includes buffer
zones, wildlife dispersal and corridor areas, and other
effective area-based conservation measures.
(2) Eligible projects.--Eligible projects shall include
projects that--
(A) focus on supporting--
(i) long-term management of protected or
conserved areas and their contiguous buffer
zones in countries described in subsection (b),
including terrestrial, coastal, and marine-
protected or conserved areas, parks, community
conservancies, indigenous reserves,
conservation easements, and biological
reserves; and
(ii) other effective area-based
conservation measures;
(B) are cost-matched from sources other than the
United States Government;
(C) have host country and local population support,
as evidenced by a long-term binding memorandum of
understanding signed by the host government that
respects free, prior, and informed consent of affected
communities;
(D) incorporate a set of key performance
indicators;
(E) demonstrate robust local community engagement,
with the completion of appropriate environmental and
social due diligence, including--
(i) free, prior, and informed consent of
Indigenous Peoples and consultation with
relevant local communities;
(ii) equitable governance structures; and
(iii) effective grievance mechanisms;
(F) create economic opportunities for local
communities, through activities such as--
(i) equity and profit-sharing;
(ii) employment activities; and
(iii) other economic growth activities;
(G) provide stable baseline funding for the
effective management of the protected or conserved area
project;
(H) are implementation ready; and
(I) where possible, demonstrate a plan to
strengthen the capacity of, and transfer skills to,
local institutions to manage the protected or conserved
area before or after grant funding is exhausted.
(b) Eligible Countries.--
(1) In general.--Before awarding any grants or entering
into any project agreements for a given fiscal year, the Board
shall conduct a review of countries in which the Foundation
shall be eligible to fund projects to determine which
countries--
(A) are low-income, lower-middle-income, or upper-
middle-income economies (as defined by the
International Bank for Reconstruction and Development
and the International Development Association;
(B) have--
(i) a high degree of biological diversity;
or
(ii) species or ecosystems of significant
importance; and
(C) have demonstrated a commitment to conservation
through actions, such as protecting lands and waters
through the gazettement of national parks, community
conservancies, marine reserves and protected areas,
forest reserves, and other legally recognized forms of
place-based conservation.
(2) Identification of eligible countries.--Not later than 5
days after the date on which the Board determines which
countries are eligible countries for a given fiscal year, the
Executive Director shall--
(A) submit a report to the appropriate
congressional committees that includes--
(i) a list of all such eligible countries;
and
(ii) a justification for such eligibility
determinations; and
(B) publish the information contained in the report
described in paragraph (A) in the Federal Register.
(c) Grantmaking.--
(1) In general.--In order to maximize its program effects,
the Foundation should--
(A) seek to coordinate with other international
public and private donors to the extent possible;
(B) seek additional financial and nonfinancial
contributions and commitments for its projects from
host governments; and
(C) strive to generate a partnership mentality
among all participants, including public and private
funders, host governments, local protected areas
authorities, and private and nongovernmental
organization partners.
(2) Grant criteria.--Foundation grants--
(A) shall fund the management of well-defined
protected or conserved areas and the systems of such
conservation areas in eligible countries;
(B) should provide adequate baseline funding for at
least 10 years, without replacing or duplicating
existing baseline funding, for each protected and
conserved area and the system that supports that area
in an amount sufficient to maintain the effective
management of the area over the long term;
(C) should, during the grant period, demonstrate
progress in achieving clearly identified key
performance indicators (as defined in the grant
agreement), which may include--
(i) the protection of biological diversity;
(ii) the protection of native flora and
habitats, such as trees, forests, grasslands,
mangroves, coral reefs, and sea grass;
(iii) community-based economic growth
indicators, such as improved land tenure,
increases in beneficiaries participating in
economic growth activities, and sufficient
income from conservation activities being
directed to communities in project areas;
(iv) improved management of the protected
or conserved area covered by the project, as
documented through the submission of strategic
plans or annual reports to the Foundation; and
(v) the identification of additional
revenue sources or sustainable financing
mechanisms to meet the recurring costs of
management of the protected or conserved areas;
and
(D) may be terminated if the Board determines that
the project is not meeting applicable requirements
under this Act or making progress in achieving the key
performance indicators defined in the grant agreement.
SEC. 8. PROHIBITION OF SUPPORT IN COUNTRIES THAT SUPPORT TERRORISM OR
VIOLATE HUMAN RIGHTS AND OF SUPPORT FOR SANCTIONED
PERSONS.
(a) In General.--The Foundation may not provide support for any
government, or any entity owned or controlled by a government, if the
Secretary has determined that such government--
(1) has repeatedly provided support for acts of
international terrorism, as determined under--
(A) section 1754(c)(1)(A)(i) of the Export Control
Reform Act of 2018 (subtitle B of title XVII of Public
Law 115-232);
(B) section 620A(a) of the Foreign Assistance Act
of 1961 (22 U.S.C. 2371(a));
(C) section 40(d) of the Arms Export Control Act
(22 U.S.C. 2780(d)); or
(D) any other relevant provision of law; or
(2) has engaged in a consistent pattern of gross violations
of internationally recognized human rights, as determined under
section 116(a) or 502B(a)(2) of the Foreign Assistance Act of
1961 (22 U.S.C. 2151n(a) and 2304(a)(2)) or any other relevant
provision of law.
(b) Prohibition of Support for Sanctioned Persons.--The Foundation
may not engage in any dealing prohibited under United States sanctions
laws or regulations, including dealings with persons on the list of
specially designated persons and blocked persons maintained by the
Office of Foreign Assets Control of the Department of the Treasury,
except to the extent otherwise authorized by the Secretary or by the
Secretary of the Treasury.
(c) Prohibition of Support for Activities Subject to Sanctions.--
The Foundation shall require any person receiving support to certify
that such person, and any entity owned or controlled by such person, is
in compliance with all United States sanctions laws and regulations.
SEC. 9. ANNUAL REPORT.
Not later than 360 days after the date of the enactment of this
Act, and annually thereafter while the Foundation continues to operate,
the Executive Director of the Foundation shall submit a report to the
appropriate congressional committees that describes--
(1) the goals of the Foundation;
(2) the programs, projects, and activities supported by the
Foundation;
(3) private and governmental contributions to the
Foundation; and
(4) the standardized criteria utilized to determine the
programs and activities supported by the Foundation, including
baselines, targets, desired outcomes, measurable goals, and
extent to which those goals are being achieved for each
project.
SEC. 10. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--There are authorized to be appropriated to the
Foundation $100,000,000 for each of the fiscal years 2024 through 2033
to carry out the purposes of this Act.
(b) Cost Matching Requirement.--Amounts appropriated pursuant to
subsection (a) may only be made available to grantees to the extent
such grantees secure funding for an eligible project from sources other
than the United States Government in an amount that is not less than
the amount received in grants for such project pursuant to section 7.
<all>
</pre></body></html>
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[
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118S619
|
COVID-19 Origin Act of 2023
|
[
[
"H001089",
"Sen. Hawley, Josh [R-MO]",
"sponsor"
],
[
"B001310",
"Sen. Braun, Mike [R-IN]",
"cosponsor"
],
[
"M001198",
"Sen. Marshall, Roger [R-KS]",
"cosponsor"
],
[
"L000577",
"Sen. Lee, Mike [R-UT]",
"cosponsor"
],
[
"S001217",
"Sen. Scott, Rick [R-FL]",
"cosponsor"
]
] |
<p><b>COVID-19 Origin Act of 2023</b></p> <p>This bill requires the Office of the Director of National Intelligence (ODNI) to declassify all information relating to potential links between the Wuhan Institute of Virology and the origin of COVID-19. The ODNI must submit to Congress an unclassified report with all such information with redactions only as necessary to protect sources and methods.</p>
|
<html><body><pre>[118th Congress Public Law 2]
[From the U.S. Government Publishing Office]
[[Page 137 STAT. 4]]
Public Law 118-2
118th Congress
An Act
To require the Director of National Intelligence to declassify
information relating to the origin of COVID-19, and for other
purposes. <<NOTE: Mar. 20, 2023 - [S. 619]>>
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, <<NOTE: COVID-19 Origin
Act of 2023. 50 USC 3161 note.>>
SECTION 1. SHORT TITLE.
This Act may be cited as the ``COVID-19 Origin Act of 2023''.
SEC. 2. SENSE OF CONGRESS.
It is the sense of Congress that--
(1) identifying the origin of Coronavirus Disease 2019
(COVID-19) is critical for preventing a similar pandemic from
occurring in the future;
(2) there is reason to believe the COVID-19 pandemic may
have originated at the Wuhan Institute of Virology; and
(3) the Director of National Intelligence should declassify
and make available to the public as much information as possible
about the origin of COVID-19 so the United States and like-
minded countries can--
(A) identify the origin of COVID-19 as expeditiously
as possible, and
(B) use that information to take all appropriate
measures to prevent a similar pandemic from occurring
again.
SEC. 3. DECLASSIFICATION OF INFORMATION RELATED TO THE ORIGIN OF
COVID-19.
<<NOTE: Deadline.>> Not later than 90 days after the date of the
enactment of this Act, the Director of National Intelligence shall--
(1) declassify any and all information relating to potential
links between the Wuhan Institute of Virology and the origin of
the Coronavirus Disease 2019 (COVID-19), including--
(A) activities performed by the Wuhan Institute of
Virology with or on behalf of the People's Liberation
Army;
(B) coronavirus research or other related activities
performed at the Wuhan Institute of Virology prior to
the outbreak of COVID-19; and
(C) researchers at the Wuhan Institute of Virology
who fell ill in autumn 2019, including for any such
researcher--
(i) the researcher's name;
(ii) the researcher's symptoms;
(iii) the date of the onset of the
researcher's symptoms;
[[Page 137 STAT. 5]]
(iv) the researcher's role at the Wuhan
Institute of Virology;
(v) whether the researcher was involved with
or exposed to coronavirus research at the Wuhan
Institute of Virology;
(vi) whether the researcher visited a hospital
while they were ill; and
(vii) a description of any other actions taken
by the researcher that may suggest they were
experiencing a serious illness at the time; and
(2) <<NOTE: Reports.>> submit to Congress an unclassified
report that contains--
(A) all of the information described under paragraph
(1); and
(B) only such redactions as the Director determines
necessary to protect sources and methods.
Approved March 20, 2023.
LEGISLATIVE HISTORY--S. 619:
---------------------------------------------------------------------------
CONGRESSIONAL RECORD, Vol. 169 (2023):
Mar. 1, considered and passed Senate.
Mar. 10, considered and passed House.
DAILY COMPILATION OF PRESIDENTIAL DOCUMENTS (2023):
Mar. 20, Presidential statement.
<all>
</pre></body></html>
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"Asia",
"Cardiovascular and respiratory health",
"China",
"Congressional oversight",
"Director of National Intelligence",
"Government studies and investigations",
"Infectious and parasitic diseases",
"Intelligence activities, surveillance, classified information"
] |
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118S62
|
No Taxpayer Funding for Abortion and Abortion Insurance Full Disclosure Act of 2023
|
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<p><b>No Taxpayer Funding for Abortion and Abortion Insurance Full Disclosure Act of 2023</b></p> <p>This bill modifies provisions relating to federal funding for, and health insurance coverage of, abortions.</p> <p>Specifically, the bill prohibits the use of federal funds for abortions or for health coverage that includes abortions. Such restrictions extend to the use of funds in the budget of the District of Columbia. Additionally, abortions may not be provided in a federal health care facility or by a federal employee. </p> <p>Historically, language has been included in annual appropriations bills for the Department of Health and Human Services (HHS) that prohibits the use of federal funds for abortions—such language is commonly referred to as the Hyde Amendment. Similar language is also frequently included in appropriations bills for other federal agencies and the District of Columbia. The bill makes these restrictions permanent and extends the restrictions to all federal funds (rather than specific agencies). </p> <p>The bill's restrictions regarding the use of federal funds do not apply in cases of rape, incest, or where a physical disorder, injury, or illness endangers a woman's life unless an abortion is performed. The Hyde Amendment provides the same exceptions.</p> <p>The bill also prohibits qualified health plans from including coverage for abortions. Currently, qualified health plans may cover abortion, but the portion of the premium attributable to abortion coverage is not eligible for subsidies.</p>
|
<html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 62 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 62
To prohibit taxpayer funded abortions.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
January 25, 2023
Mr. Wicker (for himself, Mr. Lankford, Mrs. Hyde-Smith, Mr. Tillis, Mr.
Risch, Mr. Boozman, Mrs. Fischer, Mr. Crapo, Mr. Hoeven, Mr. Barrasso,
Mr. Romney, Mr. Daines, Ms. Lummis, Mr. Kennedy, Mr. Hagerty, Mr.
Johnson, Mr. Tuberville, Mr. McConnell, Mr. Braun, Mr. Cornyn, Mr.
Vance, Mr. Cruz, Mr. Rounds, Mr. Cramer, Mr. Mullin, Mr. Moran, Mr.
Scott of Florida, Mr. Cassidy, Mr. Rubio, Mrs. Blackburn, Mr. Sullivan,
Mr. Thune, Mr. Grassley, Mr. Marshall, Mrs. Britt, Mr. Lee, Mr.
Schmitt, Mr. Budd, Mr. Cotton, Mr. Hawley, Mr. Young, Mr. Scott of
South Carolina, Ms. Ernst, Mr. Paul, Mr. Graham, and Mrs. Capito, and
Mr. Ricketts) introduced the following bill; which was read twice and
referred to the Committee on Finance
_______________________________________________________________________
A BILL
To prohibit taxpayer funded abortions.
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 ``No Taxpayer
Funding for Abortion and Abortion Insurance Full Disclosure Act of
2023''.
(b) Table of Contents.--The table of contents of this Act is as
follows:
Sec. 1. Short title; table of contents.
TITLE I--PROHIBITING FEDERALLY FUNDED ABORTIONS
Sec. 101. Prohibiting taxpayer funded abortions.
Sec. 102. Amendment to table of chapters.
TITLE II--APPLICATION UNDER THE AFFORDABLE CARE ACT
Sec. 201. Clarifying application of prohibition to premium credits and
cost-sharing reductions under ACA.
Sec. 202. Revision of notice requirements regarding disclosure of
extent of health plan coverage of abortion
and abortion premium surcharges.
TITLE I--PROHIBITING FEDERALLY FUNDED ABORTIONS
SEC. 101. PROHIBITING TAXPAYER FUNDED ABORTIONS.
Title 1, United States Code, is amended by adding at the end the
following new chapter:
``CHAPTER 4--PROHIBITING TAXPAYER FUNDED ABORTIONS
``301. Prohibition on funding for abortions.
``302. Prohibition on funding for health benefits plans that cover
abortion.
``303. Limitation on Federal facilities and employees.
``304. Construction relating to separate coverage.
``305. Construction relating to the use of non-Federal funds for health
coverage.
``306. Non-preemption of other Federal laws.
``307. Construction relating to complications arising from abortion.
``308. Treatment of abortions related to rape, incest, or preserving
the life of the mother.
``309. Application to District of Columbia.
``Sec. 301. Prohibition on funding for abortions
``No funds authorized or appropriated by Federal law, and none of
the funds in any trust fund to which funds are authorized or
appropriated by Federal law, shall be expended for any abortion.
``Sec. 302. Prohibition on funding for health benefits plans that cover
abortion
``None of the funds authorized or appropriated by Federal law, and
none of the funds in any trust fund to which funds are authorized or
appropriated by Federal law, shall be expended for health benefits
coverage that includes coverage of abortion.
``Sec. 303. Limitation on Federal facilities and employees
``No health care service furnished--
``(1) by or in a health care facility owned or operated by
the Federal Government; or
``(2) by any physician or other individual employed by the
Federal Government to provide health care services within the
scope of the physician's or individual's employment,
may include abortion.
``Sec. 304. Construction relating to separate coverage
``Nothing in this chapter shall be construed as prohibiting any
individual, entity, or State or locality from purchasing separate
abortion coverage or health benefits coverage that includes abortion so
long as such coverage is paid for entirely using only funds not
authorized or appropriated by Federal law and such coverage shall not
be purchased using matching funds required for a federally subsidized
program, including a State's or locality's contribution of Medicaid
matching funds.
``Sec. 305. Construction relating to the use of non-Federal funds for
health coverage
``Nothing in this chapter shall be construed as restricting the
ability of any non-Federal health benefits coverage provider from
offering abortion coverage, or the ability of a State or locality to
contract separately with such a provider for such coverage, so long as
only funds not authorized or appropriated by Federal law are used and
such coverage shall not be purchased using matching funds required for
a federally subsidized program, including a State's or locality's
contribution of Medicaid matching funds.
``Sec. 306. Non-preemption of other Federal laws
``Nothing in this chapter shall repeal, amend, or have any effect
on any other Federal law to the extent such law imposes any limitation
on the use of funds for abortion or for health benefits coverage that
includes coverage of abortion, beyond the limitations set forth in this
chapter.
``Sec. 307. Construction relating to complications arising from
abortion
``Nothing in this chapter shall be construed to apply to the
treatment of any infection, injury, disease, or disorder that has been
caused by or exacerbated by the performance of an abortion. This rule
of construction shall be applicable without regard to whether the
abortion was performed in accord with Federal or State law, and without
regard to whether funding for the abortion is permissible under section
308.
``Sec. 308. Treatment of abortions related to rape, incest, or
preserving the life of the mother
``The limitations established in sections 301, 302, and 303 shall
not apply to an abortion--
``(1) if the pregnancy is the result of an act of rape or
incest; or
``(2) 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.
``Sec. 309. Application to District of Columbia
``In this chapter:
``(1) Any reference to funds appropriated by Federal law
shall be treated as including any amounts within the budget of
the District of Columbia that have been approved by an Act of
Congress pursuant to section 446 of the District of Columbia
Home Rule Act (or any applicable successor Federal law).
``(2) The term `Federal Government' includes the government
of the District of Columbia.''.
SEC. 102. AMENDMENT TO TABLE OF CHAPTERS.
The table of chapters for title 1, United States Code, is amended
by adding at the end the following new item:
``4. Prohibiting taxpayer funded abortions.................. 301''.
TITLE II--APPLICATION UNDER THE AFFORDABLE CARE ACT
SEC. 201. CLARIFYING APPLICATION OF PROHIBITION TO PREMIUM CREDITS AND
COST-SHARING REDUCTIONS UNDER ACA.
(a) In General.--
(1) Disallowance of refundable credit and cost-sharing
reductions for coverage under qualified health plan which
provides coverage for abortion.--
(A) In general.--Subparagraph (A) of section
36B(c)(3) of the Internal Revenue Code of 1986 is
amended by inserting before the period at the end the
following: ``or any health plan that includes coverage
for abortions (other than any abortion or treatment
described in section 307 or 308 of title 1, United
States Code)''.
(B) Option to purchase or offer separate coverage
or plan.--Paragraph (3) of section 36B(c) of such Code
is amended by adding at the end the following new
subparagraph:
``(C) Separate abortion coverage or plan allowed.--
``(i) Option to purchase separate coverage
or plan.--Nothing in subparagraph (A) shall be
construed as prohibiting any individual from
purchasing separate coverage for abortions
described in such subparagraph, or a health
plan that includes such abortions, so long as
no credit is allowed under this section with
respect to the premiums for such coverage or
plan.
``(ii) Option to offer coverage or plan.--
Nothing in subparagraph (A) shall restrict any
non-Federal health insurance issuer offering a
health plan from offering separate coverage for
abortions described in such subparagraph, or a
plan that includes such abortions, so long as
premiums for such separate coverage or plan are
not paid for with any amount attributable to
the credit allowed under this section (or the
amount of any advance payment of the credit
under section 1412 of the Patient Protection
and Affordable Care Act).''.
(2) Disallowance of small employer health insurance expense
credit for plan which includes coverage for abortion.--
Subsection (h) of section 45R of the Internal Revenue Code of
1986 is amended--
(A) by striking ``Any term'' and inserting the
following:
``(1) In general.--Any term''; and
(B) by adding at the end the following new
paragraph:
``(2) Exclusion of health plans including coverage for
abortion.--
``(A) In general.--The term `qualified health plan'
does not include any health plan that includes coverage
for abortions (other than any abortion or treatment
described in section 307 or 308 of title 1, United
States Code).
``(B) Separate abortion coverage or plan allowed.--
``(i) Option to purchase separate coverage
or plan.--Nothing in subparagraph (A) shall be
construed as prohibiting any employer from
purchasing for its employees separate coverage
for abortions described in such subparagraph,
or a health plan that includes such abortions,
so long as no credit is allowed under this
section with respect to the employer
contributions for such coverage or plan.
``(ii) Option to offer coverage or plan.--
Nothing in subparagraph (A) shall restrict any
non-Federal health insurance issuer offering a
health plan from offering separate coverage for
abortions described in such subparagraph, or a
plan that includes such abortions, so long as
such separate coverage or plan is not paid for
with any employer contribution eligible for the
credit allowed under this section.''.
(3) Conforming aca amendments.--Section 1303(b) of Public
Law 111-148 (42 U.S.C. 18023(b)) is amended--
(A) by striking paragraph (2);
(B) by striking paragraph (3), as amended by
section 202(a); and
(C) by redesignating paragraph (4) as paragraph
(2).
(b) Application to Multi-State Plans.--Paragraph (6) of section
1334(a) of Public Law 111-148 (42 U.S.C. 18054(a)) is amended to read
as follows:
``(6) Coverage consistent with federal abortion policy.--In
entering into contracts under this subsection, the Director
shall ensure that no multi-State qualified health plan offered
in an Exchange provides health benefits coverage for which the
expenditure of Federal funds is prohibited under chapter 4 of
title 1, United States Code.''.
(c) Effective Date.--The amendments made by subsection (a) shall
apply to taxable years ending after December 31, 2023, but only with
respect to plan years beginning after such date, and the amendment made
by subsection (b) shall apply to plan years beginning after such date.
SEC. 202. REVISION OF NOTICE REQUIREMENTS REGARDING DISCLOSURE OF
EXTENT OF HEALTH PLAN COVERAGE OF ABORTION AND ABORTION
PREMIUM SURCHARGES.
(a) In General.--Paragraph (3) of section 1303(b) of Public Law
111-148 (42 U.S.C. 18023(b)) is amended to read as follows:
``(3) Rules relating to notice.--
``(A) In general.--The extent of coverage (if any)
of services described in paragraph (1)(B)(i) or
(1)(B)(ii) by a qualified health plan shall be
disclosed to enrollees at the time of enrollment in the
plan and shall be prominently displayed in any
marketing or advertising materials, comparison tools,
or summary of benefits and coverage explanation made
available with respect to such plan by the issuer of
the plan, by an Exchange, or by the Secretary,
including information made available through an
internet portal or Exchange under sections 1311(c)(5)
and 1311(d)(4)(C).
``(B) Separate disclosure of abortion surcharges.--
In the case of a qualified health plan that includes
the services described in paragraph (1)(B)(i) and where
the premium for the plan is disclosed, including in any
marketing or advertising materials or any other
information referred to in subparagraph (A), the
surcharge described in paragraph (2)(B)(i)(II) that is
attributable to such services shall also be disclosed
and identified separately.''.
(b) Effective Date.--The amendment made by subsection (a) shall
apply to materials, tools, or other information made available more
than 30 days after the date of the enactment of this Act.
<all>
</pre></body></html>
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118S620
|
Alaska Offshore Parity Act
|
[
[
"M001153",
"Sen. Murkowski, Lisa [R-AK]",
"sponsor"
],
[
"S001198",
"Sen. Sullivan, Dan [R-AK]",
"cosponsor"
]
] |
<html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 620 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 620
To provide for the distribution of certain outer Continental Shelf
revenues to the State of Alaska, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
March 2, 2023
Ms. Murkowski (for herself and Mr. Sullivan) introduced the following
bill; which was read twice and referred to the Committee on Energy and
Natural Resources
_______________________________________________________________________
A BILL
To provide for the distribution of certain outer Continental Shelf
revenues to the State of Alaska, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Alaska Offshore Parity Act''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Coastal political subdivision.--The term ``coastal
political subdivision'' means--
(A) a county-equivalent subdivision of the State--
(i) all or part of which lies within the
coastal zone (as defined in section 304 of the
Coastal Zone Management Act of 1972 (16 U.S.C.
1453)) of the State; and
(ii) the closest coastal point of which is
not more than 200 nautical miles from the
geographical center of any leased tract in the
Alaska outer Continental Shelf region; and
(B) a municipal subdivision of the State that is
determined by the State to be a significant staging
area for oil and gas servicing, supply vessels,
operations, suppliers, or workers.
(2) Institution of higher education.--The term
``institution of higher education'' has the meaning given the
term in section 102 of the Higher Education Act of 1965 (20
U.S.C. 1002).
(3) Qualified revenues.--
(A) In general.--The term ``qualified revenues''
means all revenues derived from all rentals, royalties,
bonus bids, and other sums due and payable to the
United States from energy development in the Alaska
outer Continental Shelf region.
(B) Exclusions.--The term ``qualified revenues''
does not include--
(i) revenues generated from leases subject
to section 8(g) of the Outer Continental Shelf
Lands Act (43 U.S.C. 1337(g)); or
(ii) revenues from the forfeiture of a bond
or other surety securing obligations other than
royalties, civil penalties, or royalties taken
by the Secretary in-kind and not sold.
(4) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(5) State.--The term ``State'' means the State of Alaska.
SEC. 3. DISPOSITION OF QUALIFIED REVENUES IN ALASKA.
(a) In General.--Notwithstanding section 9 of the Outer Continental
Shelf Lands Act (43 U.S.C. 1338) and subject to the other provisions of
this section, for fiscal year 2024 and each fiscal year thereafter, the
Secretary of the Treasury shall deposit--
(1) 50 percent of qualified revenues in the general fund of
the Treasury;
(2) 30 percent of qualified revenues in a special account
in the Treasury, to be distributed by the Secretary to the
State;
(3) 7.5 percent of qualified revenues in a special account
in the Treasury, to be distributed by the Secretary to coastal
political subdivisions; and
(4) 12.5 percent of qualified revenues in the National
Oceans and Coastal Security Fund established under section
904(a) of the National Oceans and Coastal Security Act (16
U.S.C. 7503(a)).
(b) Allocation Among Coastal Political Subdivisions.--Of the amount
paid by the Secretary to coastal political subdivisions under
subsection (a)(3)--
(1) 90 percent shall be allocated among costal political
subdivisions described in section 2(1)(A) in amounts (based on
a formula established by the Secretary by regulation) that are
inversely proportional to the respective distances between the
point in each coastal political subdivision that is closest to
the geographic center of the applicable leased tract and not
more than 200 miles from the geographic center of the leased
tract; and
(2) 10 percent shall be divided equally among each coastal
political subdivision described in section 2(1)(B).
(c) Timing.--The amounts required to be deposited under subsection
(a) for the applicable fiscal year shall be made available in
accordance with that subsection during the fiscal year immediately
following the applicable fiscal year.
(d) Authorized Uses.--
(1) In general.--Subject to paragraph (2), the State shall
use all amounts received under subsection (a)(2) in accordance
with all applicable Federal and State laws, for 1 or more of
the following purposes:
(A) Projects and activities for the purposes of
coastal protection, conservation, and restoration,
including onshore infrastructure and relocation of
communities directly affected by coastal erosion,
melting permafrost, or climate change-related losses.
(B) Mitigation of damage to fish, wildlife, or
natural resources.
(C) Mitigation of the impact of outer Continental
Shelf activities through the funding of onshore
infrastructure projects and related rights-of-way.
(D) Adaptation planning, vulnerability assessments,
and emergency preparedness assistance to build healthy
and resilient communities.
(E) Installation and operation of energy systems to
reduce energy costs and greenhouse gas emissions
compared to systems in use as of the date of enactment
of this Act.
(F) Programs at institutions of higher education in
the State.
(G) Other purposes, as determined by the Governor
of the State, with approval from the State legislature.
(H) Planning assistance and the administrative
costs of complying with this section.
(2) Limitation.--Not more than 3 percent of amounts
received by the State under subsection (a)(2) may be used for
the purposes described in paragraph (1)(H).
(e) Administration.--Amounts made available under paragraphs (2)
and (3) of subsection (a) shall--
(1) be made available, without further appropriation, in
accordance with this section;
(2) remain available until expended; and
(3) be in addition to any amounts appropriated under any
other provision of law.
(f) Reporting Requirement for Fiscal Year 2025 and Thereafter.--
(1) In general.--Beginning with fiscal year 2025, not later
than 180 days after the end of each fiscal year in which the
State receives amounts under subsection (a)(2), the State shall
submit to the Secretary a report that describes the use of the
amounts by the State during the preceding fiscal year covered
by the report.
(2) Public availability.--On receipt of a report required
under paragraph (1), the Secretary shall make the report
available to the public on the website of the Department of the
Interior.
(3) Limitation.--If the State fails to submit the report
required under paragraph (1) by the deadline specified in that
paragraph, any amounts that would otherwise be provided to the
State under subsection (a)(2) for the succeeding fiscal year
shall be withheld for the succeeding fiscal year until the date
on which the report is submitted.
(4) Contents of report.--Each report required under
paragraph (1) shall include, for each project funded in whole
or in part using amounts received under subsection (a)(2)--
(A) the name and description of the project;
(B) the amount received under subsection (a)(2)
that is allocated to the project; and
(C) a description of how each project is consistent
with the authorized uses under subsection (d).
(5) Clarification.--Nothing in this subsection--
(A) requires or provides authority for the
Secretary to delay, modify, or withhold payment under
this subsection, other than for failure to submit a
report as required under this subsection;
(B) requires or provides authority for the
Secretary to review or approve uses of funds reported
under this subsection;
(C) requires or provides authority for the
Secretary to approve individual projects that receive
funds reported under this subsection;
(D) requires the State to obtain the approval of,
or review by, the Secretary prior to spending funds
disbursed under subsection (a)(2);
(E) requires or provides authority for the
Secretary to issue guidance relating to the contents
of, or to determine the completeness of, the report
required under this subsection;
(F) requires the State to obligate or expend funds
disbursed under subsection (a)(2) by a certain date; or
(G) requires or provides authority for the
Secretary to request the State to return unobligated
funds.
<all>
</pre></body></html>
|
[
"Energy"
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|
118S621
|
A bill to amend the Food, Conservation, and Energy Act of 2008 to clarify propane storage as an eligible use for funds provided under the storage facility loan program, and for other purposes.
|
[
[
"E000295",
"Sen. Ernst, Joni [R-IA]",
"sponsor"
],
[
"K000367",
"Sen. Klobuchar, Amy [D-MN]",
"cosponsor"
]
] |
<html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 621 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 621
To amend the Food, Conservation, and Energy Act of 2008 to clarify
propane storage as an eligible use for funds provided under the storage
facility loan program, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
March 2, 2023
Ms. Ernst (for herself and Ms. Klobuchar) introduced the following
bill; which was read twice and referred to the Committee on
Agriculture, Nutrition, and Forestry
_______________________________________________________________________
A BILL
To amend the Food, Conservation, and Energy Act of 2008 to clarify
propane storage as an eligible use for funds provided under the storage
facility loan 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. STORAGE FACILITY LOANS.
Section 1614(a) of the Food, Conservation, and Energy Act of 2008
(7 U.S.C. 8789(a)) is amended--
(1) by striking ``funds for producers'' and inserting the
following: ``funds for--
``(1) producers''; and
(2) in paragraph (1) (as so designated), by striking the
period at the end and inserting the following: ``; or
``(2) agricultural producers to construct or upgrade
storage facilities for propane that is primarily used for
agricultural production (as such term is defined in section
4279.2 of title 7, Code of Federal Regulations (as in effect on
the date of the enactment of this paragraph)).''.
<all>
</pre></body></html>
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|
118S622
|
Helping Heroes Act of 2023
|
[
[
"M001111",
"Sen. Murray, Patty [D-WA]",
"sponsor"
],
[
"B001236",
"Sen. Boozman, John [R-AR]",
"cosponsor"
],
[
"D000563",
"Sen. Durbin, Richard J. [D-IL]",
"cosponsor"
],
[
"R000122",
"Sen. Reed, Jack [D-RI]",
"cosponsor"
],
[
"S001181",
"Sen. Shaheen, Jeanne [D-NH]",
"cosponsor"
],
[
"S000033",
"Sen. Sanders, Bernard [I-VT]",
"cosponsor"
],
[
"W000779",
"Sen. Wyden, Ron [D-OR]",
"cosponsor"
],
[
"K000384",
"Sen. Kaine, Tim [D-VA]",
"cosponsor"
],
[
"M001153",
"Sen. Murkowski, Lisa [R-AK]",
"cosponsor"
],
[
"S001191",
"Sen. Sinema, Kyrsten [I-AZ]",
"cosponsor"
],
[
"F000062",
"Sen. Feinstein, Dianne [D-CA]",
"cosponsor"
]
] |
<html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 622 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 622
To improve services provided by the Department of Veterans Affairs for
veteran families, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
March 2, 2023
Mrs. Murray (for herself, Mr. Boozman, Mr. Durbin, Mr. Reed, Mrs.
Shaheen, Mr. Sanders, Mr. Wyden, Mr. Kaine, and Ms. Murkowski)
introduced the following bill; which was read twice and referred to the
Committee on Veterans' Affairs
_______________________________________________________________________
A BILL
To improve services provided by the Department of Veterans Affairs for
veteran families, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Helping Heroes Act of 2023''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Department.--The term ``Department'' means the
Department of Veterans Affairs.
(2) Disabled veteran.--The term ``disabled veteran'' has
the meaning given that term in section 4211 of title 38, United
States Code.
(3) Eligible child.--The term ``eligible child'', with
respect to an eligible veteran, means an individual who--
(A) is a ward, child (including stepchild),
grandchild, or sibling (including stepsibling or
halfsibling) of the eligible veteran; and
(B) is less than 18 years of age.
(4) Eligible veteran.--The term ``eligible veteran'' means
a disabled veteran who has a service-connected disability rated
at 70 percent or more.
(5) Family coordinator.--The term ``Family Coordinator''
means an individual placed at a medical center of the
Department pursuant to section 3.
(6) Family support program.--The term ``Family Support
Program'' means the program established under section 4.
(7) Non-department provider.--The term ``non-Department
provider'' means a public or non-profit entity that is not an
entity of the Department.
(8) Secretary.--The term ``Secretary'' means the Secretary
of Veterans Affairs.
(9) Supportive services.--The term ``supportive services''
means services that address the social, emotional, and mental
health, career-readiness, and other needs of eligible children,
including--
(A) wellness services, including mental, emotional,
behavioral, and physical health and nutritional
counseling and assistance;
(B) peer-support programs for children;
(C) assistance completing college admission and
financial aid applications, including the Free
Application for Federal Student Aid described in
section 483(a) of the Higher Education Act (20 U.S.C.
1090), and accessing veterans' education benefits as
defined under section 480(c)(2) of such Act (20 U.S.C.
1087vv) that eligible children may be eligible to
receive;
(D) assistance with accessing workforce development
programs, including programs providing the activities
authorized under section 129 of the Workforce
Innovation and Opportunity Act (29 U.S.C. 3164), and
programs of vocational rehabilitation services,
including programs authorized under title I of the
Rehabilitation Act of 1973 (29 U.S.C. 720 et seq.);
(E) sports and recreation;
(F) after-school care and summer learning
opportunities;
(G) dependent care, including home and community-
based services;
(H) other resources for low-income families;
(I) assistance transitioning from active duty in
the Armed Forces to veteran status; and
(J) any other services or activities the Secretary
considers appropriate to support the needs of eligible
children.
SEC. 3. REQUIREMENTS FOR FAMILY COORDINATORS.
(a) In General.--Not later than three years after the date of the
enactment of this Act, the Secretary shall--
(1) place at each medical center of the Department not
fewer than one Family Coordinator; and
(2) ensure adequate staffing and resources at each such
medical center to ensure Family Coordinators are able to carry
out their duties.
(b) Family Coordinators.--
(1) Employment.--Each Family Coordinator placed at a
medical center of the Department under subsection (a) shall be
employed full-time by the Department as a Family Coordinator
and shall have no other duties in addition to the duties of a
Family Coordinator.
(2) Qualifications.--
(A) In general.--To qualify to be a Family
Coordinator under subsection (a), an individual shall--
(i) be a social worker licensed,
registered, or certified in accordance with the
requirements of any State; and
(ii) have a graduate degree in social work
or a related field.
(B) Waiver.--The Secretary may waive the
qualifications required by subparagraph (A) to permit
individuals in other professions to serve as Family
Coordinators.
(3) Duties.--Each Family Coordinator shall--
(A) assess the needs of the families of veterans
using evidence-based strategies;
(B) build positive relationships with such
families;
(C) refer veterans to local, State, and Federal
resources that support veterans and their families;
(D) develop and maintain a list of--
(i) supportive services offered by the
medical center at which the Family Coordinator
is placed; and
(ii) supportive services offered at reduced
or no cost by non-Department providers located
in the catchment area of such medical center;
and
(E) develop and maintain on an internet website a
list of family resources that shall be made available
for all veterans in the catchment area of such medical
center who are enrolled in the patient enrollment
system of the Department established and operated under
section 1705(a) of title 38, United States Code.
SEC. 4. ESTABLISHMENT OF FAMILY SUPPORT PROGRAM.
(a) In General.--Not later than one year after the date of the
enactment of this Act, the Secretary shall establish a program to be
known as the Family Support Program to provide and coordinate the
provision of supportive services to eligible veterans and eligible
children.
(b) Implementation of Family Support Program.--To carry out the
Family Support Program, the Secretary shall--
(1) provide supportive services through medical centers of
the Department;
(2) collaborate with relevant Federal agencies to provide
supportive services;
(3) provide funding to non-Department providers pursuant to
subsection (c); and
(4) engage in any other activities the Secretary considers
appropriate.
(c) Funding to Non-Department Providers.--
(1) In general.--The Secretary may enter into contracts and
award grants to provide funding to eligible non-Department
providers to participate in the Family Support Program.
(2) Eligibility.--
(A) In general.--The Secretary shall establish and
make publicly available the criteria for a non-
Department provider to be eligible to participate in
the Family Support Program.
(B) Criteria.--The criteria required by
subparagraph (A) shall include requirements for a non-
Department provider--
(i) to provide a description of--
(I) each supportive service
proposed to be provided to eligible
children; and
(II) the demonstrated record of the
non-Department provider in providing
such supportive service;
(ii) to demonstrate the ability to serve
families of veterans in a manner that is
trauma-informed and culturally and
linguistically appropriate; and
(iii) to agree to oversight by the
Secretary regarding--
(I) the use of funds provided by
the Department under this subsection;
and
(II) the quality of supportive
services provided.
(3) Notice.--The Secretary shall promptly provide to
eligible non-Department providers selected by the Secretary to
participate in the Family Support Program notice of the award
of funds under this subsection to ensure such providers have
sufficient time to prepare to provide supportive services under
the Family Support Program.
(4) Authorized activities.--Funds provided under this
subsection shall be used to provide supportive services.
(5) Training.--For each non-Department provider selected by
the Secretary to participant in the Family Support Program, the
Secretary shall offer training and technical assistance
regarding the planning, development, and provision of
supportive services under the Family Support Program.
(d) Coordination With Other Department of Veterans Affairs
Programs.--The Secretary shall share best practices with and facilitate
referrals of eligible veterans and their families, as appropriate, from
the Family Support Program to other programs of the Department, such as
the program of support services for caregivers of veterans under
section 1720G(b) of title 38, United States Code.
(e) Reporting Requirements.--
(1) Annual report.--Not later than one year after the date
of the commencement of the Family Support Program, and annually
thereafter, each non-Department provider in receipt of funds
under the Family Support Program shall submit to the Secretary
a report describing the supportive services carried out with
such funds during the year covered by such report.
(2) Reports to congress.--
(A) Report on additional resources.--Not later than
90 days after the date of the enactment of this Act,
the Secretary shall submit to Congress a report on the
potential need for additional resources for family
members of eligible veterans other than eligible
children.
(B) Report on progress.--
(i) In general.--Not later than one year
after the commencement of the Family Support
Program, the Secretary shall submit to the
Committee on Veterans' Affairs of the Senate
and the Committee on Veterans' Affairs of the
House of Representatives a report on the
progress of the Family Support Program.
(ii) Contents.--The report required by
clause (i) shall include--
(I) the number of eligible veterans
and eligible children who received
supportive services under the Family
Support Program;
(II) the demographic data of
eligible veterans and family members,
including--
(aa) the relationship to
the eligible veteran;
(bb) age;
(cc) race;
(dd) ethnicity;
(ee) gender identity;
(ff) sexual orientation;
(gg) disability; and
(hh) English proficiency
and whether a language other
than English is spoken at home;
(III) a summary of the supportive
services carried out under the Family
Support Program and the costs to the
Department of such supportive services;
and
(IV) an assessment, measured by a
survey of participants, of whether
participation in the Family Support
Program resulted in positive outcomes
for eligible veterans and eligible
children.
SEC. 5. OUTREACH ON AVAILABILITY OF SERVICES.
The Secretary shall conduct an outreach program to ensure eligible
veterans who are enrolled in the patient enrollment system of the
Department established and operated under section 1705(a) of title 38,
United States Code, employees of the Department, and potential State,
local, and Federal entities are informed of the Family Support Program
and the availability of Family Coordinators.
SEC. 6. TRANSITION ASSISTANCE.
Not later than one year after the date of the enactment of this
Act, the Secretary shall include information regarding supportive
services available for members of the Armed Forces who are being
separated from active duty and their families, including mental health
and other services for children, in the transition assistance
curriculum offered by the Department.
SEC. 7. SURVEY.
(a) In General.--Not later than one year after the date of the
enactment of this Act, and annually thereafter for five years, the
Secretary shall conduct a survey of disabled veterans and their
families to identify and better understand the needs of such disabled
veterans and their families.
(b) Content.--The survey required under subsection (a) shall
include questions with respect to--
(1) the types and quality of support disabled veterans
receive from the children of such disabled veterans; and
(2) the unmet needs of such children.
SEC. 8. NONDISCRIMINATION.
Programs or activities receiving funds under this Act may not
discriminate on the basis of race, color, national origin, religion,
sex, sexual orientation, gender identity, disability status, or age.
SEC. 9. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to the Secretary such funds
as may be necessary to carry out this Act.
<all>
</pre></body></html>
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|
118S623
|
A bill to amend the Alaska Native Claims Settlement Act to exclude certain payments to aged, blind, or disabled Alaska Natives or descendants of Alaska Natives from being used to determine eligibility for certain programs, and for other purposes.
|
[
[
"M001153",
"Sen. Murkowski, Lisa [R-AK]",
"sponsor"
],
[
"S001198",
"Sen. Sullivan, Dan [R-AK]",
"cosponsor"
]
] |
<p>This bill excludes certain settlement trust payments to an Alaska Native or descendant of an Alaska Native who is aged, blind, or disabled for purposes of determining the individual's eligibility for need-based federal programs (e.g., the Supplemental Nutrition Assistance Program). </p>
|
<html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 623 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 623
To amend the Alaska Native Claims Settlement Act to exclude certain
payments to aged, blind, or disabled Alaska Natives or descendants of
Alaska Natives from being used to determine eligibility for certain
programs, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
March 2, 2023
Ms. Murkowski (for herself and Mr. Sullivan) introduced the following
bill; which was read twice and referred to the Committee on Energy and
Natural Resources
_______________________________________________________________________
A BILL
To amend the Alaska Native Claims Settlement Act to exclude certain
payments to aged, blind, or disabled Alaska Natives or descendants of
Alaska Natives from being used to determine eligibility for certain
programs, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. ELIGIBILITY FOR CERTAIN PROGRAMS.
Section 29(c) of the Alaska Native Claims Settlement Act (43 U.S.C.
1626(c)) is amended, in the undesignated matter following paragraph
(3), by striking subparagraph (E) and inserting the following:
``(E) an interest in a Settlement Trust or an amount
distributed from or benefit provided by a Settlement Trust to a
Native or descendant of a Native who is an aged, blind, or
disabled individual (as defined in section 1614(a) of the
Social Security Act (42 U.S.C. 1382c(a)).''.
<all>
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118S624
|
Title X Abortion Provider Prohibition Act
|
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<p><b>Title X Abortion Provider Prohibition Act</b></p> <p>This bill prohibits the Department of Health and Human Services (HHS) from awarding family planning grants to entities that perform abortions or provide funding to other entities that perform abortions. To receive a grant, an entity must certify it will refrain from those activities during the grant period.</p> <p>The bill provides exceptions for abortions (1) in cases of rape or incest; or (2) when the life of the woman is in danger due to a physical disorder, injury, or illness. It also exempts hospitals unless they provide funds to non-hospital entities that provide abortions.</p> <p>HHS must report annually on this prohibition.</p>
|
<html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 624 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 624
To amend title X of the Public Health Service Act to prohibit family
planning grants from being awarded to any entity that performs
abortions, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
March 2, 2023
Mrs. Blackburn (for herself, Mr. Cramer, Mr. Thune, Mr. Rubio, Mr.
Lankford, Mrs. Hyde-Smith, Mr. Risch, Mr. Hagerty, Mr. Tillis, Mr.
Young, Mr. Daines, Mrs. Fischer, Ms. Lummis, Mr. Braun, Mr. Scott of
Florida, Mr. Lee, Mr. Marshall, Mr. Rounds, Mr. Romney, Mr. Scott of
South Carolina, Mr. Barrasso, Mr. Cruz, Mr. Wicker, Mr. Crapo, Mr.
Hoeven, Mrs. Britt, and Mr. Mullin) introduced the following bill;
which was read twice and referred to the Committee on Health,
Education, Labor, and Pensions
_______________________________________________________________________
A BILL
To amend title X of the Public Health Service Act to prohibit family
planning grants from being awarded to any entity that performs
abortions, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Title X Abortion Provider
Prohibition Act''.
SEC. 2. PROHIBITION ON ABORTION.
Title X of the Public Health Service Act (42 U.S.C. 300 et seq.) is
amended by adding at the end the following:
``SEC. 1009. ADDITIONAL PROHIBITION REGARDING ABORTION.
``(a) Prohibition.--The Secretary shall not provide any assistance
under this title to an entity unless the entity certifies that, during
the period of such assistance, the entity will not perform, and will
not provide any funds to any other entity that performs, an abortion.
``(b) Exception.--Subsection (a) does not apply with respect to an
abortion where--
``(1) the pregnancy is the result of rape or incest; or
``(2) a physician certifies that the woman suffers from a
physical disorder, physical injury, or physical illness that
would place the woman in danger of death unless an abortion is
performed, including a life-threatening physical condition
caused by or arising from the pregnancy itself.
``(c) Hospitals.--Subsection (a) does not apply with respect to a
hospital, so long as such hospital does not, during the period of
assistance described in subsection (a), provide funds to any non-
hospital entity that performs an abortion (other than an abortion
described in subsection (b)).
``(d) Annual Report.--Not later than 60 days after the date of the
enactment of the Title X Abortion Provider Prohibition Act, and
annually thereafter, for the fiscal year involved, the Secretary shall
submit a report to Congress containing--
``(1) a list of each entity receiving a grant under this
title;
``(2) for each such entity performing abortions under the
exceptions described in subsection (b)--
``(A) the total number of such abortions;
``(B) the number of such abortions where the
pregnancy is the result of rape;
``(C) the number of such abortions where the
pregnancy is the result of incest; and
``(D) the number of such abortions where a
physician provides a certification described in
subsection (b)(2);
``(3) a statement of the date of the latest certification
under subsection (a) for each entity receiving a grant under
this title; and
``(4) a list of each entity to which an entity described in
paragraph (1) makes available funds received through a grant
under this title.
``(e) Definitions.--In this section:
``(1) The term `entity' means the entire legal entity,
including any entity that controls, is controlled by, or is
under common control with such entity.
``(2) The term `hospital' has the meaning given to such
term in section 1861(e) of the Social Security Act.''.
<all>
</pre></body></html>
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[
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118S625
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IRS Whistleblower Program Improvement Act of 2023
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<p><strong>IRS Whistleblower Program Improvement Act of 2023</strong></p> <p>This bill modifies provisions of the Internal Revenue Code relating to whistleblower protections. Specifically, the bill </p> <ul> <li>revises the standard for review of whistleblower awards in the Tax Court to require a<em> de novo</em> review standard (currently, the standard is abuse of discretion); </li> <li>exempts whistleblower awards from reductions due to budget sequestration; </li> <li>allows whistleblowers anonymity in proceedings before the Tax Court;</li> <li>modifies the Internal Revenue Service (IRS) whistleblower report to require inclusion of a list and description of the top 10 tax avoidance schemes disclosed by whistleblowers;</li> <li>requires the IRS to pay interest on whistleblower awards if not paid within one year of receipt of proceeds collected from whistleblower disclosures; and </li> <li>allows payment of the attorney fees of whistleblowers regardless of whether the whistleblower award was paid through the mandatory or the discretionary whistleblower award program.</li></ul>
|
<html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 625 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 625
To amend the Internal Revenue Code of 1986 to modify and reform rules
relating to investigations and whistleblowers, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
March 2, 2023
Mr. Grassley (for himself, Mr. Wyden, Mr. Wicker, and Mr. Cardin)
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 modify and reform rules
relating to investigations and whistleblowers, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``IRS Whistleblower Program
Improvement Act of 2023''.
SEC. 2. STANDARD AND SCOPE OF REVIEW OF WHISTLEBLOWER AWARD
DETERMINATION.
(a) In General.--Paragraph (4) of section 7623(b) of the Internal
Revenue Code of 1986 is amended--
(1) by striking ``appealed to'' and inserting ``reviewed
by''; and
(2) by adding at the end the following: ``Any review by the
Tax Court under the preceding sentence shall be de novo and
shall be based on the administrative record established at the
time of the original determination and any additional newly
discovered or previously unavailable evidence.''.
(b) Conforming Amendment.--The heading of paragraph (4) of section
7623(b) of the Internal Revenue Code of 1986 is amended by striking
``Appeal'' and inserting ``Review''.
(c) Effective Date.--The amendments made by this section shall
apply to cases under section 7623(b)(4) of the Internal Revenue Code of
1986 which are pending on, or filed on or after, the date of the
enactment of this Act.
SEC. 3. EXEMPTION FROM SEQUESTRATION.
(a) In General.--Section 255 of the Balanced Budget and Emergency
Deficit Control Act of 1985 (2 U.S.C. 905) is amended--
(1) by redesignating subsection (k) as subsection (l); and
(2) by inserting after subsection (j) the following:
``(k) Awards to Whistleblowers.--An award authorized under section
7623 of the Internal Revenue Code of 1986 shall be exempt from
reduction under any order issued under this part.''.
(b) Applicability.--The amendment made by this section shall apply
to any sequestration order issued under the Balanced Budget and
Emergency Deficit Control Act of 1985 (2 U.S.C. 900 et seq.) after
December 31, 2022.
SEC. 4. WHISTLEBLOWER PRIVACY PROTECTIONS.
(a) In General.--Paragraph (6) of section 7623(b) of the Internal
Revenue Code of 1986 is amended by adding at the end the following new
subparagraph:
``(D) Whistleblower anonymity before the tax
court.--Notwithstanding sections 7458 and 7461, the Tax
Court shall grant a whistleblower's request to proceed
anonymously before the Court for all proceedings under
this section absent a finding by the Tax Court that a
heightened societal interest exists for disclosing the
whistleblower's identity, exceeding the normal interest
in knowing a petitioner's identity. Should the Tax
Court find that such a heightened societal interest
exists, such interest shall be balanced against the
potential harm disclosure could cause to the
whistleblower.''.
(b) Effective Date.--The amendments made by this section shall
apply to petitions filed with the Tax Court which are pending on, or
filed on or after, the date of the enactment of this Act.
SEC. 5. MODIFICATION OF IRS WHISTLEBLOWER REPORT.
(a) In General.--Section 406(c) of division A of the Tax Relief and
Health Care Act of 2006 is amended by striking ``such use,'' in
paragraph (1) and inserting ``such use (which shall include a list and
descriptions of the top tax avoidance schemes, not to exceed 10,
disclosed by whistleblowers during such year),''.
(b) Effective Date.-- The amendment made by this section shall
apply to reports the due date for which are after the enactment of this
Act.
SEC. 6. INTEREST ON WHISTLEBLOWER AWARDS.
(a) In General.--Section 7623(b) of the Internal Revenue Code of
1986 is amended by redesignating paragraphs (5) and (6) as paragraphs
(6) and (7), respectively, and by inserting after paragraph (4) the
following new paragraph:
``(5) Interest.--
``(A) In general.--If the Secretary has not
provided notice to an individual described in paragraph
(1) of a preliminary award recommendation before the
applicable date, the amount of any award under this
subsection shall include interest from such date at the
overpayment rate under section 6621(a).
``(B) Exception.--No interest shall accrue under
this paragraph after the date on which the Secretary
provides notice to the individual of a preliminary
award recommendation.
``(C) Applicable date.--For purposes of this
paragraph, the applicable date is the date that is 12
months after the first date on which--
``(i) all of the proceeds resulting from
actions subject to the award recommendation
have been collected, and
``(ii) either--
``(I) the statutory period for
filing a claim for refund has expired,
or
``(II) the taxpayers subject to the
actions and the Secretary have agreed
with finality to the tax or other
liabilities for the periods at issue,
and either the taxpayers have waived
the right to file a claim for refund or
any claim for refund has been
resolved.''.
(b) Effective Date.--
(1) In general.--The amendments made by this section shall
take effect 180 days after the date of the enactment of this
Act.
(2) Special rule.--In the case of a claim for a
whistleblower award under section 7623(b) of the Internal
Revenue Code of 1986 with respect to which, as of the date
described in paragraph (1)--
(A) the Secretary of the Treasury has not provided
notice to the individual of a preliminary award
recommendation as described in paragraph (5)(A) of such
section, as added by this Act, and
(B) the applicable date provided in paragraph
(5)(C) of such section, as so added, has passed,
the applicable date for purposes of such paragraph (5)(C) is
the date that is 12 months after the date described in
paragraph (1).
SEC. 7. CORRECTION REGARDING DEDUCTIONS FOR ATTORNEY'S FEES.
(a) In General.--Section 62(a)(21)(A)(i) of the Internal Revenue
Code of 1986 is amended by striking ``7623(b)'' and inserting ``7623''.
(b) Effective Date.--The amendment made by this section shall apply
to taxable years ending after the date of the enactment of this Act.
<all>
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118S626
|
Comprehensive Care for Alzheimer’s Act
|
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<p><b>Comprehensive Care for Alzheimer's Act</b></p> <p>This bill allows the Center for Medicare and Medicaid Innovation (CMMI) to test a Dementia Care Management Model that provides comprehensive care to Medicare beneficiaries with Alzheimer's disease or a related dementia.</p> <p>Under the model, participating health care providers receive payment under Medicare for comprehensive care management services that are provided to individuals with diagnosed dementia, excluding Medicare Advantage enrollees, hospice care recipients, and nursing home residents. Required services include medication management, care coordination, and health, financial, and environmental monitoring, as well as trainings and other support services for unpaid caregivers. Providers must furnish services through interdisciplinary teams and must ensure access to a team member or primary care provider 24-7. The CMMI must set payments and determine quality measures for the model in accordance with specified requirements. </p> <p>The bill also allows the CMMI to design a similar model under Medicaid.</p>
|
<html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 626 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 626
To recommend that the Center for Medicare and Medicaid Innovation test
the effect of a dementia care management model, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
March 2, 2023
Ms. Stabenow (for herself and Mrs. Capito) introduced the following
bill; which was read twice and referred to the Committee on Finance
_______________________________________________________________________
A BILL
To recommend that the Center for Medicare and Medicaid Innovation test
the effect of a dementia care management model, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Comprehensive Care for Alzheimer's
Act''.
SEC. 2. CMI TESTING OF DEMENTIA CARE MANAGEMENT.
Section 1115A of the Social Security Act (42 U.S.C. 1315a) is
amended--
(1) in subsection (b)(2)(B), by adding at the end the
following new clause:
``(xxviii) Furnishing comprehensive care
management services to eligible individuals
with Alzheimer's disease or a related dementia
through a Dementia Care Management Model, as
described in subsection (h).''; and
(2) by adding at the end the following new subsection:
``(h) Dementia Care Management Model.--
``(1) Description of model and requirements.--
``(A) In general.--The Dementia Care Management
Model described in this subsection is a model under
which payments are made under title XVIII to eligible
entities that furnish comprehensive care management
services to eligible individuals with Alzheimer's
disease or a related dementia, in order to test the
effectiveness of comprehensive care management services
on patient health, care quality, and care experience,
as well as on unpaid caregivers, and on reducing
spending under title XVIII without reducing the quality
of care.
``(B) Voluntary participation.--Participation under
the Dementia Care Management Model shall be voluntary
with respect to both eligible individuals and eligible
entities.
``(C) Implementation of dementia care management
model.--
``(i) In general.--The Secretary shall--
``(I) implement the Dementia Care
Management Model as a stand-alone
model;
``(II) incorporate the Dementia
Care Management Model into the Primary
Care First Model; or
``(III) incorporate the Dementia
Care Management Model into--
``(aa) the Primary Care
First Model; and
``(bb) the Direct
Contracting Model.
``(ii) Additional authority.--In addition
to the models described in subclauses (I)
through (III) of clause (i), the Secretary may
incorporate the Dementia Care Management Model
into other existing coordinated care models
established under title XVIII or under this
section, including accountable care
organizations, value-based purchasing
arrangements, and such other coordinated care
models as the Secretary determines to be
appropriate.
``(2) Comprehensive care management services defined.--In
this subsection, the term `comprehensive care management
services' means the following services furnished by an eligible
entity with respect to an eligible individual:
``(A) Continuous monitoring and assessment.--An
eligible entity shall regularly assess and continuously
monitor the following:
``(i) Neuropsychiatric symptoms, including
behavior, physical safety, and function of an
eligible individual.
``(ii) Comorbidities.
``(iii) Financial resources and needs.
``(iv) Caregiver supports and resources,
including caregiver education, training, and
support.
``(v) The well-being of unpaid caregivers
of the eligible individual.
``(vi) Potential risks and harms of the
eligible individual's home and environment and
the need for support for activities of daily
living.
``(B) Ongoing dementia care plan.--An eligible
entity shall develop and implement an Alzheimer's
disease or related dementia care plan, including
advance care planning as appropriate, for an eligible
individual. The care plan shall include patient-
centered goals for the eligible individual as well as
goals for unpaid caregivers of the eligible individual.
Such care plan shall be continuously evaluated and
modified as appropriate.
``(C) Psychosocial interventions.--An eligible
entity may implement psychosocial interventions
designed to prevent or reduce the burden of cognitive,
functional, behavioral, and psychological challenges as
well as the associated stress on unpaid caregivers of
the eligible individual.
``(D) Self-management tools.--An eligible entity
shall provide self-management tools to enhance the
skills of the unpaid caregiver of the eligible
individual to manage the Alzheimer's disease or related
dementia of the eligible individual and to navigate the
health care system. Such tools shall include training
and support for unpaid caregivers in managing the
limitations of eligible individuals, including
education, problem solving strategies, care navigation
support, support after discharge from a hospital or
nursing home, and decision-making support.
``(E) Medication management.--An eligible entity
shall furnish evidence-based medication review and
management services to an eligible individual,
including polypharmacy management, using a planned
process to reduce or stop medications that may no
longer be of benefit or may be having adverse cognitive
effects, prescribing approved medications, and
enhancing adherence to appropriate medications.
``(F) Treatment of related conditions.--An eligible
entity shall provide interventions to prevent or treat
conditions related to the Alzheimer's disease or
related dementia of the eligible individual, such as
depression and delirium.
``(G) Care coordination.--An eligible entity shall
provide ongoing care management services and shall
coordinate services and supports among providers of
services and suppliers, as well as social and community
resources. Such services shall include necessary
assistance for referrals to social and community-based
organizations, collaboration with primary care
providers and the interdisciplinary team of the
eligible individual, and support for care transitions
and continuity of care.
``(H) Exclusion of palliative care and hospice
care.--Comprehensive care management services shall not
include palliative care or hospice care.
``(I) Other services.--The Secretary may require or
permit other services, as appropriate.
``(3) Eligible entity defined.--In this subsection, the
term `eligible entity' means an entity, such as a health
system, hospital, physician or nonphysician group practice,
multiple physician practices, a Federally qualified health
center, a rural health clinic, or an accountable care
organization, that--
``(A) is qualified to furnish comprehensive care
management services to an eligible individual, and any
unpaid caregiver of such eligible individual, under the
Dementia Care Management Model either directly or
through arrangements with Medicare participating
providers of services and suppliers as well as social
and community-based organizations;
``(B) is accountable for the quality of
comprehensive care management services furnished to an
eligible individual under the model;
``(C) furnishes comprehensive care management
services through an interdisciplinary team that has at
least 1 physician, physician assistant, nurse
practitioner, or advanced practice nurse who devotes 25
percent or more of patient contact time to the
evaluation and care of patients with acquired cognitive
impairment;
``(D) furnishes comprehensive care management
services in a culturally appropriate manner;
``(E) utilizes a comprehensive, person-centered
care management approach;
``(F) furnishes wellness and healthcare planning,
including medication review and management;
``(G) supports family and caregiver engagement;
``(H) provides access to a primary care provider or
a member of the interdisciplinary team 24 hours a day 7
days a week;
``(I) has relationships with medical and nonmedical
community-based organizations that support patients
with Alzheimer's disease or a related dementia and
their caregivers; and
``(J) meets such other requirements as the
Secretary may determine to be appropriate.
``(4) Eligible individual defined.--In this subsection, the
term `eligible individual' means an individual--
``(A) who--
``(i) is entitled to, or enrolled for,
benefits under part A of title XVIII and
enrolled under part B of such title (including
such an individual who is a dual eligible
individual described in subsection
(a)(4)(A)(iii)); and
``(ii) is not enrolled under part C of such
title or under a PACE program under section
1894;
``(B) who has been diagnosed with a form of
dementia;
``(C) who has not made an election to receive
hospice care; and
``(D) who is not a resident of a nursing home.
``(5) Patient pathways.--
``(A) Initial placement.--
``(i) Placement of patients into care
pathways.--An eligible entity shall assign an
eligible individual to an appropriate pathway
(as described in clauses (ii), (iii), and (iv))
based on an assessment of the clinical and
financial status of the eligible individual
that is conducted not later than 60 days after
the eligible individual is enrolled in the
model.
``(ii) Pathway for uncomplicated dementia
diagnosis.--During the preceding 12-month
period, the eligible individual has not more
than 1 unplanned inpatient hospitalization or
visit to a hospital emergency department.
``(iii) Pathway for dementia diagnosis with
enhanced care coordination needs.--During the
preceding 12-month period, the eligible
individual--
``(I)(aa) has 2 or more unplanned
inpatient hospitalizations or visits to
a hospital emergency department; or
``(bb) has a psychiatric
hospitalization; and
``(II) has sufficient financial or
caregiver resources (as determined by
the Secretary).
``(iv) Pathway for dementia diagnosis with
complex care needs.--During the preceding 12-
month period, the eligible individual--
``(I)(aa) has 2 or more unplanned
inpatient hospitalizations or visits to
a hospital emergency department; or
``(bb) has a psychiatric
hospitalization; and
``(II) has insufficient financial
or caregiver resources (as determined
by the Secretary).
``(B) Regular patient assessments for appropriate
pathway.--
``(i) In general.--After determination of
the initial pathway, at a frequency to be
determined by the Secretary, but not less than
once per year, an eligible entity shall
reassess the pathway determination of each
eligible individual enrolled under the model.
``(ii) Increased adl limitations.--Each
eligible individual enrolled in the pathway for
uncomplicated dementia diagnosis (as described
in subparagraph (A)(ii)) who has had increased
limitations in performing activities of daily
living since the prior assessment shall be
assigned to the pathway for dementia diagnosis
with enhanced care coordination needs (as
described in subparagraph (A)(iii)) or the
pathway for dementia diagnosis with complex
care needs (as described in subparagraph
(A)(iv)), depending on the eligible
individual's financial and caregiver resources
applicable to each pathway.
``(iii) Enhanced or complex care needs.--
Each eligible individual enrolled in the
pathway for dementia diagnosis with enhanced
care coordination needs (as described in
subparagraph (A)(iii)) or the pathway for
dementia diagnosis with complex care needs (as
described in subparagraph (A)(iv)) shall be
assigned to 1 of the 2 pathways based on the
eligible individual's financial and caregiver
resources applicable to each pathway.
``(6) Quality assessment.--
``(A) In general.--The Secretary shall specify
appropriate measures to assess the quality of care
furnished by an eligible entity under the Dementia Care
Management Model. Such measures shall include, as
appropriate, measures for clinical processes and
outcomes, patient and caregiver experience of care, and
utilization of services for which payment is made under
the original medicare fee-for-service program under
title XVIII, including measures for--
``(i) emergency department utilization;
``(ii) inpatient hospital utilization;
``(iii) documented advanced care plan;
``(iv) medication review;
``(v) screening for future fall risk;
``(vi) depression screening for caregivers;
``(vii) caregiver stress assessment; and
``(viii) caregiver assessment of outcomes.
``(B) Reporting.--An eligible entity shall submit
data in a form and manner determined by the Secretary
on measures specified by the Secretary.
``(C) Performance assessment.--In order to assess
the quality of care furnished by an eligible entity
under the model, the Secretary shall establish--
``(i) quality performance standards; and
``(ii) methodologies for quality
performance scoring and related payment
adjustments.
``(D) Stakeholder input.--The Secretary shall seek
input from eligible entities on final measure
specifications, including appropriate adjustment for
patient preferences.
``(7) Payments.--
``(A) In general.--Under the Dementia Care
Management Model, the Secretary shall establish payment
amounts for care management services furnished to
eligible individuals, including initial investment
costs. Such amounts shall reflect start-up costs and
initial investments incurred by an eligible entity in
establishing the Dementia Care Management Model.
``(B) Capitated basis.--Payments under the Dementia
Care Management Model shall be made on a capitated
basis, such as a per-member, per-month payment, or such
other similar payment mechanisms that the Secretary
determines to be appropriate. Payments shall vary based
on the assigned pathway of each patient as described in
paragraph (5).
``(C) Quality bonus.--Under the Dementia Care
Management Model, additional payments shall be made to
any eligible entity for quality bonuses based on the
performance of the eligible entity in providing quality
care (as determined under paragraph (6)).
``(D) Zero cost-sharing.--An eligible individual
shall not be liable for any cost-sharing, including
deductibles, coinsurance, or copayments, for care
management services for dementia care furnished to such
eligible individual under the model.
``(E) Supplemental to payments for covered
services.--Payments made under the model shall be in
addition to any payments for items or services not
provided under the model for which payment may be made
under title XVIII for services furnished to such
eligible individuals.
``(F) Nonduplication.--Payments for care management
services furnished to eligible individuals under the
Dementia Care Management Model may not duplicate
payments for services furnished to such eligible
individuals for which payments are made under the
original medicare fee-for-service program under title
XVIII.
``(8) Waivers.--The Secretary shall waive provisions of
this title, and title XVIII, to permit an eligible entity
operating a Dementia Care Management Model to provide the
following:
``(A) Beneficiary rewards.--Gift cards or other
rewards for patients who successfully participate in
the program (as determined by the Secretary).
``(B) Caregivers.--Supports for caregivers.
``(C) Telehealth.--Telehealth services without
regard to geographic or other originating site
limitations under section 1834(m).
``(D) Services from community organizations.--
Payments, cost-sharing support, or both, for nonmedical
services furnished by community-based organizations,
such as limited caregiving services, respite care,
adult day care counseling services, and such other
services as the Secretary determines to be appropriate.
``(9) Modifications for application in the primary care
first and direct contracting models.--
``(A) In general.--Except as provided under
subparagraph (B), if the Secretary elects to
incorporate the Dementia Care Management Model into the
Primary Care First Model, the Direct Contracting Model,
or both, as provided for under paragraph (1)(C)(i), the
Secretary shall maintain the requirements of this
subsection.
``(B) Permissible modifications.--The Secretary may
adjust the requirements of this subsection to the
extent necessary to ensure consistency of the Dementia
Care Management Model with the Primary Care First
Model, the Direct Contracting Model, or both, with
respect to--
``(i) any eligible entity, including
beneficiary alignment thresholds;
``(ii) any eligible individual;
``(iii) capitated payments; and
``(iv) quality-bonus payments.
``(C) Consultation with stakeholders.--Prior to
making any adjustment under subparagraph (B), the
Secretary shall consult with appropriate stakeholders
and patient advocacy organizations.
``(10) Outreach to underrepresented minority populations.--
An eligible entity shall carry out public outreach and
education efforts, including the dissemination of information,
for members of underrepresented minority populations regarding
participation in the Dementia Care Management Model to ensure
diversity in the patient population of such model.
``(11) Option to expand to medicaid.--The Secretary may
design a model under which payments are made under title XIX,
in a similar manner to the manner in which payments are made
under title XVIII under the Dementia Care Management Model
described in this subsection, to eligible entities that furnish
comprehensive care management services to individuals who are
eligible for medical assistance under a State plan under title
XIX (or a waiver of such a plan) with Alzheimer's disease or a
related dementia, in order to test the effectiveness of
comprehensive care management services on patient health, care
quality, and care experience, as well as on unpaid caregivers,
and on reducing spending under title XIX without reducing the
quality of care.''.
<all>
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118S627
|
Cancel the Coin Act
|
[
[
"L000577",
"Sen. Lee, Mike [R-UT]",
"sponsor"
]
] |
<p><b>Cancel the Coin Act</b></p> <p>This bill prohibits the Department of the Treasury from minting or issuing any coin, including platinum bullion coins and proof platinum coins, having a nominal or face value exceeding $200. In addition, Treasury is prohibited from depositing, and the Federal Reserve is prohibited from accepting, any platinum bullion coins or proof platinum coins to be applied to the Treasury's account.</p>
|
<html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 627 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 627
To amend title 31, United States Code, to limit the face value of
coins.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
March 2, 2023
Mr. Lee introduced the following bill; which was read twice and
referred to the Committee on Banking, Housing, and Urban Affairs
_______________________________________________________________________
A BILL
To amend title 31, United States Code, to limit the face value of
coins.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Cancel the Coin Act''.
SEC. 2. LIMITATION ON FACE VALUE OF COINS.
Section 5112 of title 31, United States Code, is amended--
(1) in subsection (k)--
(A) by inserting ``having such nominal, or face,
values as the Secretary may determine subject to
subsection (bb)'' after ``platinum coins'';
(B) by striking ``denominations,''; and
(C) by adding at the end the following: ``The
Secretary shall not deposit, and the Board of Governors
and Federal Reserve Banks shall not accept as deposit,
any coin issued under this subsection at a Federal
Reserve Bank for the account of the Treasury.''; and
(2) by adding at the end the following:
``(bb) Limitation on Face Value.--The Secretary may not mint or
issue any coin having a nominal, or face, value greater than $200.''.
<all>
</pre></body></html>
|
[
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|
118S628
|
Primary Care Enhancement Act of 2023
|
[
[
"C001075",
"Sen. Cassidy, Bill [R-LA]",
"sponsor"
],
[
"S001181",
"Sen. Shaheen, Jeanne [D-NH]",
"cosponsor"
],
[
"S001184",
"Sen. Scott, Tim [R-SC]",
"cosponsor"
],
[
"K000377",
"Sen. Kelly, Mark [D-AZ]",
"cosponsor"
],
[
"L000575",
"Sen. Lankford, James [R-OK]",
"cosponsor"
]
] |
<p><strong>Primary Care Enhancement Act of 2023</strong></p> <p>This bill allows a medical expense tax deduction for direct primary care service arrangements and provides that participation in such arrangements does not disqualify patients from making tax deductible contributions to health savings accounts.</p>
|
<html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 628 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 628
To amend the Internal Revenue Code of 1986 to provide for the treatment
of direct primary care service arrangements as medical care, to provide
that such arrangements do not disqualify deductible health savings
account contributions, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
March 2, 2023
Mr. Cassidy (for himself, Mrs. Shaheen, Mr. Scott of South Carolina,
and Mr. Kelly) introduced the following bill; which was read twice and
referred to the Committee on Finance
_______________________________________________________________________
A BILL
To amend the Internal Revenue Code of 1986 to provide for the treatment
of direct primary care service arrangements as medical care, to provide
that such arrangements do not disqualify deductible health savings
account contributions, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Primary Care Enhancement Act of
2023''.
SEC. 2. TREATMENT OF DIRECT PRIMARY CARE SERVICE ARRANGEMENTS.
(a) Amount Treated as Medical Care.--
(1) In general.--Section 213(d)(1) of the Internal Revenue
Code of 1986 is amended by striking ``or'' at the end of
subparagraph (C), by striking the period at the end of
subparagraph (D) and inserting ``, or'', and by inserting after
subparagraph (D) the following new subparagraph:
``(E) for direct primary care service
arrangements.''.
(2) Limitation.--Section 213(d)(1) of such Code, as amended
by paragraph (1), is further amended by adding at the end the
following: ``In the case of a direct care primary service
arrangement, only eligible fee amounts (as defined in paragraph
(13)) shall be taken into account under subparagraph (E).''.
(3) Definitions.--Section 213(d) of such Code is amended by
inserting after paragraph (11) the following new paragraphs:
``(12) Direct primary care service arrangement.--
``(A) In general.--The term `direct primary care
service arrangement' means, with respect to any
individual, an arrangement under which such individual
is provided medical care (as defined in paragraph (1),
determined without regard to subparagraph (E) thereof)
consisting solely of primary care services provided by
primary care practitioners (as defined in section
1833(x)(2)(A) of the Social Security Act, determined
without regard to clause (ii) thereof), if the sole
compensation for such care is a fixed periodic fee.
``(B) Certain services specifically excluded from
treatment as primary care services.--For purposes of
this paragraph, the term `primary care services' shall
not include--
``(i) procedures that require the use of
general anesthesia, and
``(ii) laboratory services not typically
administered in an ambulatory primary care
setting.
The Secretary, after consultation with the Secretary of
Health and Human Services, shall issue regulations or
other guidance regarding the application of this
subparagraph.
``(13) Eligible fee amount.--
``(A) In general.--The term `eligible fee amount'
means, with respect to any individual for any month,
the amount of fixed periodic fees paid for a direct
care primary service arrangement, to the extent that
the aggregate fees for all direct primary care service
arrangements with respect to such individual for such
month do not exceed $150 (twice such dollar amount in
the case of an individual with any direct primary care
service arrangement that covers more than one
individual).
``(B) Indexing.--In the case of any taxable year
beginning in a calendar year after 2024, the $150
amount contained in subparagraph (A) shall be increased
by an amount equal to--
``(i) such dollar amount, multiplied by
``(ii) the cost-of-living adjustment
determined under section 1(f)(3) for the
calendar year in which such taxable year begins
determined by substituting `calendar year 2023'
for `calendar year 2016' in subparagraph
(A)(ii) thereof.
If any increase under the preceding sentence is not a
multiple of $10, such increase shall be rounded to the
nearest multiple of $10.''.
(b) Health Savings Accounts.--Section 223(c) of the Internal
Revenue Code of 1986 is amended by adding at the end the following new
paragraph:
``(6) Treatment of direct primary care service
arrangements.--A direct care primary service arrangement (as
defined in section 213(d)(12))--
``(A) shall not be treated as a health plan for
purposes of paragraph (1)(A)(ii), and
``(B) shall not be treated as insurance for
purposes of subsection (d)(2)(B).''.
(c) Reporting of Direct Primary Care Service Arrangement Fees on W-
2.--Section 6051(a) of the Internal Revenue Code of 1986 is amended by
striking ``and'' at the end of paragraph (16), by striking the period
at the end of paragraph (17) and inserting ``, and'', and by inserting
after paragraph (17) the following new paragraph:
``(18) in the case of a direct primary care service
arrangement (as defined in section 213(d)(12)) which is
provided in connection with employment, the aggregate fees for
such arrangement for such employee.''.
(d) Effective Date.--The amendments made by this section shall
apply to months beginning after December 31, 2023, in taxable years
ending after such date.
<all>
</pre></body></html>
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118S629
|
UNITED Act
|
[
[
"C001088",
"Sen. Coons, Christopher A. [D-DE]",
"sponsor"
],
[
"T000250",
"Sen. Thune, John [R-SD]",
"cosponsor"
],
[
"M000934",
"Sen. Moran, Jerry [R-KS]",
"cosponsor"
]
] |
<p><strong></strong><b>Undertaking Negotiations on Investment and Trade for Economic Dynamism Act or the UNITED Act</b></p> <p>This bill grants certain authorities to the President for entering into a comprehensive trade agreement between the United States and the United Kingdom (UK).</p> <p>Specifically, the bill directs the President to seek to initiate negotiations with the UK regarding tariff and nontariff barriers affecting any industry, product, or service sector.</p> <p>The bill authorizes the President to enter into a comprehensive trade agreement with the UK, with such authority expiring on March 1, 2025. Further, the President may proclaim a modification or continuance of any existing duty or continuance of existing excise or duty-free treatment to carry out an agreement, with certain limitations.</p> <p>The bill also requires the President to consult with and notify Congress regarding the intention of the President to enter into an agreement or make a proclamation.</p>
|
<html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 629 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 629
To provide the President with authority to enter into a comprehensive
trade agreement with the United Kingdom, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
March 2, 2023
Mr. Coons (for himself and Mr. Thune) introduced the following bill;
which was read twice and referred to the Committee on Finance
_______________________________________________________________________
A BILL
To provide the President with authority to enter into a comprehensive
trade agreement with the United Kingdom, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Undertaking Negotiations on
Investment and Trade for Economic Dynamism Act'' or the ``UNITED Act''.
SEC. 2. SENSE OF CONGRESS.
It is the sense of Congress that--
(1) the United States should pursue more open trade and
investment relationships with its allies to strengthen the
economy of the United States, improve the standard of living of
the people of the United States, and advance the strategic
interests of the United States;
(2) agreements to reduce or eliminate barriers to trade and
investment between the United States and its allies will foster
mutually beneficial economic relationships that advance the
economic interests of workers, farmers, ranchers, and
businesses of all sizes in the United States;
(3) the shared values and long history of the ``special
relationship'' between the United States and the United Kingdom
present a unique opportunity to deepen the mutually beneficial
economic and strategic relationship between those countries and
further expand prosperity for the citizens of those countries;
(4) a high-standard, comprehensive trade agreement between
the United States and the United Kingdom would help strengthen
that relationship, improve the economic prospects of people in
both countries, increase the resilience of critical supply
chains, and create export opportunities for businesses of all
sizes;
(5) the efforts of the United States-United Kingdom Trade
and Investment Working Group and the bilateral negotiations
initiated by President Donald Trump have laid groundwork toward
a comprehensive trade agreement;
(6) the United States-United Kingdom Dialogue on the Future
of Atlantic Trade initiated by President Joe Biden continues
longstanding efforts to improve economic cooperation between
the United States and the United Kingdom;
(7) the robust labor and environmental protections in the
United Kingdom reduce the risk of regulatory arbitrage that
undercuts workers and businesses in the United States;
(8) Congress passed the USMCA with overwhelming bipartisan
support, setting high standards in North America with respect
to labor rights, the environment, intellectual property, non-
market practices, and services, and those standards should
inform future negotiations;
(9) trade agreements with foreign trading partners that
share the values and ambition of the United States offer an
opportunity to build on the USMCA and set high international
standards across many important policy areas;
(10) any trade negotiations between the United States and
the United Kingdom must honor the agreement between the
Government of Ireland and the Government of the United Kingdom
signed on April 10, 1998 (commonly known as the ``Good Friday
Agreement''), and any trade agreement between those countries
must advance peace, stability, and prosperity in Ireland and
Northern Ireland;
(11) the United Kingdom, like many key trading partners of
the United States, is actively negotiating for expanded access
to foreign markets, including through both new bilateral
agreements and existing regional agreements such as the
Comprehensive and Progressive Agreement for Trans-Pacific
Partnership, and the United States must likewise seek to
advance its access to foreign markets to ensure that
businesses, consumers, farmers, ranchers, and workers in the
United States are not left behind; and
(12) to effectively pursue comprehensive trade negotiations
with the United Kingdom for purposes of a trade agreement
between the United States and the United Kingdom, Congress must
grant new negotiating authority to the President, which
should--
(A) enable the swift negotiation and passage
through Congress of such an agreement; and
(B) be narrowly tailored to provide clear direction
to the executive branch of the United States
Government.
SEC. 3. DEFINITIONS.
In this Act:
(1) USMCA.--The term ``USMCA'' means the Agreement between
the United States of America, the United Mexican States, and
Canada, which is--
(A) attached as an Annex to the Protocol Replacing
the North American Free Trade Agreement with the
Agreement between the United States of America, the
United Mexican States, and Canada, done at Buenos Aires
on November 30, 2018, as amended by the Protocol of
Amendment to the Agreement Between the United States of
America, the United Mexican States, and Canada, done at
Mexico City on December 10, 2019; and
(B) approved by Congress under section 101(a)(1) of
the United States-Mexico-Canada Agreement
Implementation Act (19 U.S.C. 4511(a)).
(2) United kingdom.--The term ``United Kingdom'' means the
United Kingdom of Great Britain and Northern Ireland.
SEC. 4. NEGOTIATING AND TRADE AGREEMENTS AUTHORITY FOR COMPREHENSIVE
AGREEMENT WITH THE UNITED KINGDOM.
(a) Initiation of Negotiations.--Not later than 180 days after the
date of the enactment of this Act, in order to enhance the economic
well-being of the United States, the President shall seek to initiate
negotiations with the United Kingdom regarding tariff and nontariff
barriers affecting any industry, product, or service sector.
(b) Authority for Comprehensive Trade Agreement With the United
Kingdom.--
(1) In general.--To strengthen the economic competitiveness
of the United States, the President may enter into a
comprehensive trade agreement with the United Kingdom regarding
tariff and nontariff barriers affecting trade between the
United States and United Kingdom.
(2) Termination of authority.--The authority under
paragraph (1) terminates on March 1, 2025.
(c) Modifications Permitted.--
(1) In general.--Subject to paragraph (2), the President
may proclaim such modification or continuance of any existing
duty, continuance of existing duty-free or excise treatment, or
such additional duties as the President determines to be
required or appropriate to carry out an agreement entered into
under subsection (b).
(2) Limitations.--
(A) Modifications or additions to agreement.--
Substantial modifications to, or substantial additional
provisions of, an agreement entered into after March 1,
2025, are not covered by the authority under paragraph
(1).
(B) Amount of duty modification.--No proclamation
may be made under paragraph (1) that--
(i) reduces any rate of duty (other than a
rate of duty that does not exceed 5 percent ad
valorem on the date of the enactment of this
Act) to a rate of duty that is less than 50
percent of the rate of such duty that applies
on such date of enactment;
(ii) reduces the rate of duty below that
applicable under the Uruguay Round Agreements
(as defined in section 2(7) of the Uruguay
Round Agreements Act (19 U.S.C. 3501)) or a
successor agreement, on any import sensitive
agricultural product; or
(iii) increases any rate of duty above the
rate that applied on the date of the enactment
of this Act.
(d) Consultation With and Notification to Congress.--To ensure the
alignment of the trade policy priorities of Congress with the content
of any agreement under this section, the President shall consult with
Congress before and throughout negotiations initiated under subsection
(a) and shall notify Congress of the intention of the President to
enter into an agreement under subsection (b) or to make a proclamation
under subsection (c).
(e) Bills Qualifying for Trade Authorities Procedures.--
(1) Implementing bills.--
(A) In general.--The provisions of section 151 of
the Trade Act of 1974 (19 U.S.C. 2191) apply to a bill
of either House of Congress that contains provisions
described in subparagraph (B) to the same extent as
such section 151 applies to implementing bills under
that section. A bill to which this paragraph applies
shall hereafter in this section be referred to as an
``implementing bill''.
(B) Provisions specified.--The provisions described
in this subparagraph are--
(i) a provision approving a trade agreement
entered into under this section and approving
the statement of administrative action, if any,
proposed to implement such trade agreement; and
(ii) if changes in existing laws or new
statutory authority are required to implement
such trade agreement, only such provisions as
are strictly necessary or appropriate to
implement such trade agreement, either
repealing or amending existing laws or
providing new statutory authority.
(2) Deadline for submission of bill.--The procedures under
paragraph (1) apply to implementing bills submitted with
respect to a trade agreement entered into under this section
before March 1, 2025.
(f) Limitation on Waiver, Suspension, or Termination.--An agreement
entered into under this section shall not be waived, suspended, or
terminated, in whole or in part, with respect to the United States
without the express approval by Congress of such termination.
(g) Relationship to Bipartisan Congressional Trade Priorities and
Accountability Act of 2015.--An agreement under this section shall not
enter into force with respect to the United States and an implementing
bill shall not qualify for trade authorities procedures under
subsection (e), including an agreement that does not require changes to
United States law or an implementing bill in connection therewith,
unless the following requirements under the Bipartisan Congressional
Trade Priorities and Accountability Act of 2015 (19 U.S.C. 4201 et
seq.) are carried out with respect to that agreement or implementing
bill to the same extent as would be required of an agreement entered
into under section 103(b) of that Act (19 U.S.C. 4202(b)),
notwithstanding the expiration of authority to enter into an agreement
under such section 103(b):
(1) The trade negotiating objectives under section 102 of
that Act (19 U.S.C. 4201).
(2) The congressional oversight and consultation
requirements under section 104 of that Act (19 U.S.C. 4203).
(3) The notification, consultation, and reporting
requirements under section 105 of that Act (19 U.S.C. 4204).
(4) The implementation procedures under section 106 of that
Act (19 U.S.C. 4205).
(5) The provisions related to sovereignty under section 108
of that Act (19 U.S.C. 4207).
<all>
</pre></body></html>
|
[
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"Congressional oversight",
"Congressional-executive branch relations",
"Europe",
"Free trade and trade barriers",
"Tariffs",
"Trade agreements and negotiations",
"United Kingdom"
] |
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