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118S63
|
American Vehicle Security Act of 2023
|
[
[
"M001183",
"Sen. Manchin, Joe, III [D-WV]",
"sponsor"
],
[
"B001310",
"Sen. Braun, Mike [R-IN]",
"cosponsor"
]
] |
<p> <strong>American Vehicle Security Act of 2023</strong></p> <p><strong>T</strong>his bill requires the immediate implementation of amendments to the tax credit for new clean vehicles enacted by the Inflation Reduction Act of 2022. The amendments include requirements for vehicle assembly and critical mineral and battery sourcing for manufacturers.</p>
|
<html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 63 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 63
To adjust the effective date for application of certain amendments made
with respect to the credit for new clean vehicles.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
January 25, 2023
Mr. Manchin (for himself and Mr. Braun) introduced the following bill;
which was read twice and referred to the Committee on Finance
_______________________________________________________________________
A BILL
To adjust the effective date for application of certain amendments made
with respect to the credit for new clean vehicles.
Be it enacted by the Senate 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 Vehicle Security Act of
2023''.
SEC. 2. APPLICATION OF CERTAIN AMENDMENTS MADE WITH RESPECT TO THE
CREDIT FOR NEW CLEAN VEHICLES.
(a) In General.--Section 13401(k) of Public Law 117-169 is
amended--
(1) in paragraph (1), by striking ``paragraphs (2), (3),
(4), and (5)'' and inserting ``paragraphs (2), (3), and (4)'',
(2) by striking paragraph (3), and
(3) by redesignating paragraphs (4) and (5) as paragraphs
(3) and (4), respectively.
(b) Effective Date.--The amendments made by this section shall take
effect as if included in the enactment of section 13401 of Public Law
117-169.
<all>
</pre></body></html>
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118S630
|
Sustaining Our Democracy Act
|
[
[
"K000367",
"Sen. Klobuchar, Amy [D-MN]",
"sponsor"
],
[
"W000817",
"Sen. Warren, Elizabeth [D-MA]",
"cosponsor"
],
[
"F000062",
"Sen. Feinstein, Dianne [D-CA]",
"cosponsor"
],
[
"M001176",
"Sen. Merkley, Jeff [D-OR]",
"cosponsor"
],
[
"P000145",
"Sen. Padilla, Alex [D-CA]",
"cosponsor"
],
[
"W000800",
"Sen. Welch, Peter [D-VT]",
"cosponsor"
],
[
"B001277",
"Sen. Blumenthal, Richard [D-CT]",
"cosponsor"
],
[
"W000779",
"Sen. Wyden, Ron [D-OR]",
"cosponsor"
],
[
"K000383",
"Sen. King, Angus S., Jr. [I-ME]",
"cosponsor"
],
[
"M000133",
"Sen. Markey, Edward J. [D-MA]",
"cosponsor"
],
[
"S001203",
"Sen. Smith, Tina [D-MN]",
"cosponsor"
],
[
"B001288",
"Sen. Booker, Cory A. [D-NJ]",
"cosponsor"
],
[
"S000033",
"Sen. Sanders, Bernard [I-VT]",
"cosponsor"
],
[
"K000384",
"Sen. Kaine, Tim [D-VA]",
"cosponsor"
],
[
"B000944",
"Sen. Brown, Sherrod [D-OH]",
"cosponsor"
]
] |
<html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 630 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 630
To establish a democracy advancement and innovation program, and for
other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
March 2, 2023
Ms. Klobuchar (for herself, Ms. Warren, Mrs. Feinstein, Mr. Merkley,
Mr. Padilla, Mr. Welch, Mr. Blumenthal, Mr. Wyden, Mr. King, Mr.
Markey, Ms. Smith, Mr. Booker, Mr. Sanders, and Mr. Kaine) introduced
the following bill; which was read twice and referred to the Committee
on Rules and Administration
_______________________________________________________________________
A BILL
To establish a democracy advancement and innovation 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; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Sustaining Our
Democracy Act''.
(b) Table of Contents.--The table of contents of this Act is as
follows:
Sec. 1. Short title; table of contents.
TITLE I--PAYMENTS AND ALLOCATIONS TO STATES
Sec. 101. Democracy Advancement and Innovation Program.
Sec. 102. State plan.
Sec. 103. Prohibitions.
Sec. 104. Amount of State allocation.
Sec. 105. Procedures for disbursements of payments and allocations.
Sec. 106. Office of Democracy Advancement and Innovation.
TITLE II--STATE ELECTION ASSISTANCE AND INNOVATION TRUST FUND
Sec. 201. State Election Assistance and Innovation Trust Fund.
TITLE III--GENERAL PROVISIONS
Sec. 301. Definitions.
Sec. 302. Rule of construction regarding calculation of deadlines.
Sec. 303. Severability.
TITLE I--PAYMENTS AND ALLOCATIONS TO STATES
SEC. 101. DEMOCRACY ADVANCEMENT AND INNOVATION PROGRAM.
(a) Establishment.--There is established a program to be known as
the ``Democracy Advancement and Innovation Program'' under which the
Director of the Office of Democracy Advancement and Innovation shall
make allocations to each State for each fiscal year to carry out
democracy promotion activities described in subsection (b).
(b) Democracy Promotion Activities Described.--The democracy
promotion activities described in this subsection are as follows:
(1) Activities to promote innovation to improve efficiency
and smooth functioning in the administration of elections for
Federal office and to secure the infrastructure used in the
administration of such elections, including making upgrades to
voting equipment and voter registration systems, voter
registration and nonpartisan voter outreach activities,
securing voting locations, expanding polling places and the
availability of early and mail voting, and promoting
cybersecurity.
(2) Activities to recruit, train, and retain nonpartisan
election officials and poll workers and to protect election
officials (both nonpartisan and those elected or appointed to
their position) from threats against them in the course of
their work administering Federal elections.
(3) Activities to increase access to voting in elections
for Federal office by underserved communities, individuals with
disabilities, racial and language minority groups, individuals
entitled to vote by absentee ballot under the Uniformed and
Overseas Citizens Absentee Voting Act, and voters residing in
Indian lands.
(c) Permitting States To Retain and Reserve Allocations for Future
Use.--A State may retain and reserve an allocation received for a
fiscal year to carry out democracy promotion activities in any
subsequent fiscal year.
(d) Requiring Submission and Approval of State Plan.--
(1) In general.--A State shall receive an allocation under
the Program for a fiscal year if--
(A) not later than 90 days before the first day of
the fiscal year, the chief State election official of
the State submits to the Director the State plan
described in section 102; and
(B) not later than 45 days before the first day of
the fiscal year, the Director, in consultation with the
Election Assistance Commission as described in
paragraph (3), determines that the State plan will
enable the State to carry out democracy promotion
activities and approves the plan.
(2) Submission and approval of revised plan.--If the
Director does not approve the State plan as submitted by the
State under paragraph (1) with respect to a fiscal year, the
State shall receive a payment under the Program for the fiscal
year if, at any time prior to the end of the fiscal year--
(A) the chief State election official of the State
submits a revised version of the State plan; and
(B) the Director, in consultation with the Election
Assistance Commission as described in paragraph (3),
determines that the revised version of the State plan
will enable the State to carry out democracy promotion
activities and approves the plan.
(3) Election assistance commission consultation.--With
respect to a State plan submitted under paragraph (1) or a
revised plan submitted under paragraph (2)--
(A) the Director shall, prior to making a
determination on approval of the plan, consult with the
Election Assistance Commission; and
(B) the Election Assistance Commission shall submit
to the Director a written assessment with respect to
whether the proposed activities of the plan satisfy the
requirements of this Act.
(4) Consultation with legislature.--The chief State
election official of the State shall develop the State plan
submitted under paragraph (1) and any revised plan submitted
under paragraph (2) in consultation with the majority party and
minority party leaders of each house of the State legislature.
(5) Rules for states that do not submit a state plan.--If a
State fails to submit a State plan described in section 102
before the date required under paragraph (1)(A), under rules
established by the Director--
(A) for purposes of this title (other than section
104)--
(i) each political subdivision within the
State shall be treated as a State for purposes
of this title (other than section 104); and
(ii) in applying this title to such
political subdivision, any duties required of
the chief State election official shall be
undertaken by the executive official of such
political subdivision charged with the
administration of elections;
(B) in applying this subsection to any political
subdivision of the State--
(i) paragraph (1)(A) shall be applied by
substituting ``the first day of the fiscal
year'' for ``90 days before the first day of
the fiscal year'';
(ii) paragraph (1)(B) shall be applied by
substituting ``30 days after the first day of
the fiscal year'' for ``45 days before the
first day of the fiscal year''; and
(iii) paragraph (4) shall not apply; and
(C) the amount of the allocation made to each such
political subdivision under the Program shall be the
sum of--
(i) an amount which bears the same
proportion to the amount determined under
section 104 with respect to the State in which
the political subdivision is located as--
(I) the population of the political
subdivision; bears to
(II) the population of such State;
plus
(ii) an amount (not to exceed 100 percent
of the amount determined with respect to the
political subdivision under clause (i)) which
bears the same proportion to the unsubscribed
funds of the State as--
(I) the population of the political
subdivision; bears to
(II) the population of the number
of political subdivisions within the
State that submitted a plan under
section 102 before the date required
under paragraph (1)(A) (after
application of subparagraph (B)).
For purposes of subparagraph (C)(ii), the unsubscribed funds of
any State is the sum of the amounts described in subparagraph
(C)(i) with respect to political subdivisions in the State
which did not submit a plan under this subsection before the
date required under paragraph (1)(A) (after application of
subparagraph (B)).
(e) State Report on Use of Allocations.--Not later than 90 days
after the last day of a fiscal year for which an allocation was made to
the State under the Program, the chief State election official of the
State shall submit a report to the Director describing how the State
used the allocation, including a description of the democracy promotion
activities the State carried out with the allocation.
(f) Public Availability of Information.--
(1) Publicly available website.--The Director shall make
available on a publicly accessible website the following:
(A) State plans submitted under paragraph (1) of
subsection (d) and revised plans submitted under
paragraph (2) of subsection (d).
(B) The Director's notifications of determinations
with respect to such plans under subsection (d).
(C) Reports submitted by States under subsection
(e).
(2) Redaction.--The Director may redact information
required to be made available under paragraph (1) if the
information would be properly withheld from disclosure under
section 552 of title 5, United States Code, or if the public
disclosure of the information is otherwise prohibited by law.
(g) Effective Date.--This section shall apply with respect to
fiscal year 2024 and each succeeding fiscal year.
SEC. 102. STATE PLAN.
(a) Contents.--A State plan under this section with respect to a
State is a plan containing each of the following:
(1) A description of the democracy promotion activities the
State will carry out with the payment made under the Program.
(2) A statement of whether or not the State intends to
retain and reserve the payment for future democracy promotion
activities.
(3) A statement of how the State intends to distribute
resources under the plan, including how the distribution of
resources will address geographic and racial disparities within
the State.
(4) A description of how the State intends to allocate
funds to carry out the proposed activities, which shall include
the amount the State intends to allocate to each such activity,
including (if applicable) a specific allocation for--
(A) activities described in subsection 101(b)(1)
(relating to election administration);
(B) activities described in section 101(b)(2)
(relating to activities to recruit, train, retain, and
protect election workers); and
(C) activities described in section 101(b)(3)
(relating to activities to increase access to voting in
elections for Federal office by certain communities).
(5) A description of how funds allocated under paragraph
(4) will be allocated to political subdivisions of the State.
(6) A description of how the State will establish the fund
described in subsection (b) for purposes of administering the
democracy promotion activities which the State will carry out
with the payment, including information on fund management.
(7) A description of the State-based administrative
complaint procedures established for purposes of section
103(a)(2).
(8) A statement regarding whether the proposed activities
to be funded are permitted under State law, or whether the
official intends to seek legal authorization for such
activities.
(b) Requirements for Fund.--
(1) Fund described.--For purposes of subsection (a)(6), a
fund described in this subsection with respect to a State is a
fund which is established in the treasury of the State
government, which is used in accordance with paragraph (2), and
which consists of the following amounts:
(A) Amounts appropriated or otherwise made
available by the State for carrying out the democracy
promotion activities for which the payment is made to
the State under the Program.
(B) The payment made to the State under the
Program.
(C) Such other amounts as may be appropriated under
law.
(D) Interest earned on deposits of the fund.
(2) Use of fund.--Amounts in the fund shall be used by the
State exclusively to carry out democracy promotion activities
for which the payment is made to the State under the Program.
(3) Treatment of states that require changes to state
law.--In the case of a State that requires State legislation to
establish the fund described in this subsection, the Director
shall defer disbursement of the payment to such State under the
Program until such time as legislation establishing the fund is
enacted.
SEC. 103. PROHIBITIONS.
(a) Prohibited Uses of Payments.--
(1) In general.--A State may not use a payment made under
the Program to carry out--
(A) any activity described in paragraph (2); or
(B) any other activity which has the purpose or
effect of diminishing the ability of any eligible voter
to participate in the electoral process.
(2) Prohibited activities.--The following are activities
described in this paragraph:
(A) Activities that intimidate, threaten, or coerce
voters, poll workers, or election administrators.
(B) The restriction of the distribution of food or
nonalcoholic beverages to voters while waiting at
polling places (other than restrictions on
distributions made on the basis of the electoral
participation or political preference of the
recipient).
(C) The removal of election administrators from
their positions other than for negligence, neglect of
duty, or malfeasance in office.
(D) Defending against lawsuits alleging voter-
suppression practices or proposed practices.
(E) The investigation of claims of voter fraud
based on the mere invocation of interests in voter
confidence or prevention of fraud.
(F) The performance of audits that--
(i) fail to meet best practices established
by the Election Assistance Commission;
(ii) fail to meet the requirements for
record retention under title III of the Civil
Rights Act of 1960 (52 U.S.C. 20701 et seq.);
or
(iii) otherwise jeopardize election
records, voting equipment, electronic poll
books, or election management systems (as
defined under the voluntary guidance issued by
the Election Assistance Commission under
section 311 of the Help America Vote Act of
2002 (52 U.S.C. 21101)).
(G) The removal of voters from voter rolls based on
evidence that is not reliable.
(H) Activities preventing individuals seeking to
have their right to vote or register to vote restored.
(I) The purchase of voting machines that do not
require the use of individual voter-verifiable paper
ballots marked through the use of a nontabulating
ballot marking device or system.
(b) State-Based Administrative Complaint Procedures.--
(1) Establishment.--A State receiving a payment under the
Program shall establish uniform and nondiscriminatory State-
based administrative complaint procedures under which any
person who believes that a violation of subsection (a) has
occurred, is occurring, or is about to occur may file a
complaint.
(2) Notification to director.--The State shall transmit to
the Director a description of each complaint filed under the
procedures, together with--
(A) if the State provides a remedy with respect to
the complaint, a description of the remedy; or
(B) if the State dismisses the complaint, a
statement of the reasons for the dismissal.
(3) Review by director.--
(A) Request for review.--Any person who is
dissatisfied with the final decision under a State-
based administrative complaint procedure under this
subsection may, not later than 60 days after the
decision is made, file a request with the Director to
review the decision.
(B) Action by director.--Upon receiving a request
under subparagraph (A), the Director shall review the
decision and, in accordance with such procedures as the
Director may establish, including procedures to provide
notice and an opportunity for a hearing, may uphold the
decision or reverse the decision and provide an
appropriate remedy.
(C) Public availability of material.--The Director
shall make available on a publicly accessible website
all material relating to a request for review and
determination by the Director under this paragraph,
except that the Director may redact material required
to be made available under this subparagraph if the
material would be properly withheld from disclosure
under section 552 of title 5, United States Code, or if
the public disclosure of the material is otherwise
prohibited by law.
(4) Right to petition for review.--
(A) In general.--Any person aggrieved by an action
of the Director under subparagraph (B) of paragraph (3)
may file a petition with the United States District
Court for the District of Columbia.
(B) Deadline to file petition.--Any petition under
this subparagraph shall be filed not later than 60 days
after the date of the action taken by the Director
under subparagraph (B) of paragraph (3).
(C) Standard of review.--In any proceeding under
this paragraph, the court shall determine whether the
action of the Director was arbitrary, capricious, an
abuse of discretion, or otherwise not in accordance
with law under section 706 of title 5, United States
Code, and may direct the Office to conform with any
such determination within 30 days.
(c) Action by Attorney General for Declaratory and Injunctive
Relief.--The Attorney General may bring a civil action against any
State in an appropriate United States District Court for such
declaratory and injunctive relief (including a temporary restraining
order, a permanent or temporary injunction, or other order) as may be
necessary to enforce subsection (a).
SEC. 104. AMOUNT OF STATE ALLOCATION.
(a) State-Specific Amount.--The amount of the allocation made to a
State under the Program for a fiscal year shall be equal to the product
of--
(1) the Congressional district allocation amount
(determined under subsection (b)); and
(2) the number of Congressional districts in the State for
the next regularly scheduled general election for Federal
office held in the State.
(b) Congressional District Allocation Amount.--For purposes of
subsection (a), the ``Congressional district allocation amount'' with
respect to a fiscal year is equal to the quotient of--
(1) the aggregate amount available for allocations to
States under the Program for the fiscal year, as determined by
the Director under subsection (c); divided by
(2) the total number of Congressional districts in all
States.
(c) Determination of Aggregate Amount Available for Allocations;
Notification to States.--Not later than 120 days before the first day
of each fiscal year, the Director--
(1) shall determine and establish the aggregate amount
available for allocations to States under the Program for the
fiscal year, taking into account the anticipated balances of
the Trust Fund (including any amounts appropriated pursuant to
section 106(i)); and
(2) shall notify each State of the amount of the State's
allocation under the Program for the fiscal year.
In making the determination under paragraph (1), the Director shall
consult with the Election Assistance Commission, but shall be solely
responsible for making the final determinations under such paragraph.
(d) Source of Payments.--The amounts used to make allocations and
payments under the Program shall be derived solely from the Trust Fund.
SEC. 105. PROCEDURES FOR DISBURSEMENTS OF PAYMENTS AND ALLOCATIONS.
(a) Allocation.--Upon approving the State plan under section 102,
the Director shall direct the Secretary of the Treasury to allocate to
the Election Assistance Commission the amount provided for activities
under the plan.
(b) Payment to State.--As soon as practicable after receiving an
allocation under subsection (a) with respect to a State, the Election
Assistance Commission shall make payments to--
(1) local election administrators in the State with respect
to amounts related to activities in the State plan carried out
directly by such local election administrators; and
(2) the State with respect to any amount not described in
paragraph (1).
(c) Continuing Availability of Funds After Appropriation.--A
payment made to a State by the Election Assistance Commission under
this section shall be available without fiscal year limitation.
SEC. 106. OFFICE OF DEMOCRACY ADVANCEMENT AND INNOVATION.
(a) Establishment.--There is established as an independent
establishment in the executive branch the Office of Democracy
Advancement and Innovation.
(b) Director.--
(1) In general.--The Office shall be headed by a Director,
who shall be appointed by the President with the advice and
consent of the Senate.
(2) Term of service.--The Director shall serve for a term
of 6 years and may be reappointed to an additional term, and
may continue serving as Director until a replacement is
appointed. A vacancy in the position of Director shall be
filled in the same manner as the original appointment.
(3) Compensation.--The Director shall be paid at an annual
rate of pay equal to the annual rate in effect for level II of
the Executive Schedule.
(4) Removal.--The Director may be removed from office by
the President. If the President removes the Director, the
President shall communicate in writing the reasons for the
removal to both Houses of Congress not later than 30 days
beforehand. Nothing in this paragraph shall be construed to
prohibit a personnel action otherwise authorized by law.
(c) General Counsel and Other Staff.--
(1) General counsel.--The Director shall appoint a General
Counsel who shall be paid at an annual rate of pay equal to the
annual rate in effect for level III of the Executive Schedule.
In the event of a vacancy in the position of the Director, the
General Counsel shall exercise all the responsibilities of the
Director until such vacancy is filled.
(2) Senior staff.--The Director may appoint and fix the pay
of staff designated as Senior staff, such as a Deputy Director,
who may be paid at an annual rate of pay equal to the annual
rate in effect for level IV of the Executive Schedule.
(3) Other staff.--In addition to the General Counsel and
Senior staff, the Director may appoint and fix the pay of such
other staff as the Director considers necessary to carry out
the duties of the Office, except that no such staff may be
compensated at an annual rate exceeding the daily equivalent of
the annual rate of basic pay in effect for grade GS-15 of the
General Schedule.
(d) Duties.--The duties of the Office are as follows:
(1) Administration of program.--The Director shall
administer the Program, in consultation with the Election
Assistance Commission, including by holding quarterly meetings
of representatives from such Commission.
(2) Oversight of trust fund.--The Director shall oversee
the operation of the Trust Fund and monitor its balances, in
consultation with the Election Assistance Commission and the
Secretary of the Treasury. The Director may hold funds in
reserve to cover the expenses of the Office and to preserve the
solvency of the Trust Fund.
(3) Reports.--Not later than 180 days after the date of the
regularly scheduled general election for Federal office held in
2024 and each succeeding regularly scheduled general election
for Federal office thereafter, the Director, in consultation
with the Election Assistance Commission, shall submit to the
Committee on House Administration of the House of
Representatives and the Committee on Rules and Administration
of the Senate a report on the activities carried out under the
Program and the amounts deposited into and paid from the Trust
Fund during the two most recent fiscal years.
(e) Coverage Under Inspector General Act of 1978 for Conducting
Audits and Investigations.--
(1) In general.--Section 415(a)(1)(A) of title 5, United
States Code, is amended by inserting ``the Office of Democracy
Advancement and Innovation,'' after ``Election Assistance
Commission,''.
(2) Effective date.--The amendment made by paragraph (1)
shall take effect 180 days after the appointment of the
Director.
(f) Coverage Under Hatch Act.--Clause (i) of section 7323(b)(2)(B)
of title 5, United States Code, is amended--
(1) by striking ``or'' at the end of subclause (XIII); and
(2) by adding at the end the following new subclause:
``(XV) the Office of Democracy Advancement and
Innovation; or''.
(g) Regulations.--
(1) In general.--Except as provided in paragraph (2), not
later than 270 days after the date of enactment of this Act,
the Director shall promulgate such rules and regulations as the
Director considers necessary and appropriate to carry out the
duties of the Office under this Act and the amendments made by
this Act.
(2) State plan submission and approval and distribution of
funds.--Not later than 90 days after the date of the enactment
of this Act, the Director shall promulgate such rules and
regulations as the Director considers necessary and appropriate
to carry out the requirements of this title and the amendments
made by this title.
(3) Comments by the election assistance commission.--The
Election Assistance Commission shall timely submit comments
with respect to any proposed regulations promulgated by the
Director under this subsection.
(h) Interim Authority Pending Appointment and Confirmation of
Director.--
(1) Authority of director of office of management and
budget.--Notwithstanding subsection (b), during the transition
period, the Director of the Office of Management and Budget is
authorized to perform the functions of the Office under this
Act, and shall act for all purposes as, and with the full
powers of, the Director.
(2) Interim administrative services.--
(A) Authority of office of management and budget.--
During the transition period, the Director of the
Office of Management and Budget may provide
administrative services necessary to support the
Office.
(B) Termination of authority; permitting
extension.--The Director of the Office of Management
and Budget shall cease providing interim administrative
services under this paragraph upon the expiration of
the transition period, except that the Director of the
Office of Management and Budget may continue to provide
such services after the expiration of the transition
period if the Director and the Director of the Office
of Management and Budget jointly transmit to the
Committee on House Administration of the House of
Representatives and the Committee on Rules and
Administration of the Senate--
(i) a written determination that an orderly
implementation of this Act is not feasible by
the expiration of the transition period;
(ii) an explanation of why an extension is
necessary for the orderly implementation of
this Act;
(iii) a description of the period during
which the Director of the Office of Management
and Budget shall continue providing services
under the authority of this subparagraph; and
(iv) a description of the steps that will
be taken to ensure an orderly and timely
implementation of this Act during the period
described in clause (iii).
(3) Transition period defined.--In this subsection, the
``transition period'' is the period which begins on the date of
the enactment of this Act and ends on the date on which the
first Director is appointed.
(4) Limit on length of period of interim authorities.--
Notwithstanding any other provision of this subsection, the
Director of the Office of Management and Budget may not
exercise any authority under this subsection after the
expiration of the 24-month period which begins on the date of
the enactment of this Act.
(i) Authorization of Appropriations.--There are authorized to be
appropriated from the Trust Fund such sums as may be necessary to carry
out the activities of the Office for fiscal year 2024 and each
succeeding fiscal year.
TITLE II--STATE ELECTION ASSISTANCE AND INNOVATION TRUST FUND
SEC. 201. STATE ELECTION ASSISTANCE AND INNOVATION TRUST FUND.
(a) Establishment.--There is established in the Treasury a fund to
be known as the ``State Election Assistance and Innovation Trust
Fund''.
(b) Contents.--There is hereby appropriated to the Trust Fund
$2,000,000,000 for each of fiscal years 2024 through 2033.
(c) Use of Funds.--Amounts in the Trust Fund shall be used to make
payments and allocations under the Program and to carry out the
activities of the Office.
(d) Acceptance of Gifts.--The Office may accept gifts or bequests
for deposit into the Trust Fund.
TITLE III--GENERAL PROVISIONS
SEC. 301. DEFINITIONS.
In this Act, the following definitions apply:
(1) The term ``chief State election official'' has the
meaning given such term in section 253(e) of the Help America
Vote Act of 2002 (52 U.S.C. 21003(e)).
(2) The term ``Director'' means the Director of the Office.
(3) The term ``Indian lands'' includes--
(A) Indian country, as defined under section 1151
of title 18, United States Code;
(B) any land in Alaska owned, pursuant to the
Alaska Native Claims Settlement Act (43 U.S.C. 1601 et
seq.), by an Indian Tribe that is a Native village (as
defined in section 3 of that Act (43 U.S.C. 1602)) or
by a Village Corporation that is associated with an
Indian Tribe (as defined in section 3 of that Act (43
U.S.C. 1602));
(C) any land on which the seat of the Tribal
government is located; and
(D) any land that is part or all of a Tribal
designated statistical area associated with an Indian
Tribe, or is part or all of an Alaska Native village
statistical area associated with an Indian Tribe, as
defined by the Census Bureau for the purposes of the
most recent decennial census.
(4) The term ``Office'' means the Office of Democracy
Advancement and Innovation established under section 105.
(5) The term ``Program'' means the Democracy Advancement
and Innovation Program established under section 101.
(6) The term ``State'' means each of the several States,
the District of Columbia, the Commonwealth of Puerto Rico,
Guam, American Samoa, the United States Virgin Islands, and the
Commonwealth of the Northern Mariana Islands.
(7) The term ``Trust Fund'' means the State Election
Assistance and Innovation Trust Fund established under section
201.
SEC. 302. RULE OF CONSTRUCTION REGARDING CALCULATION OF DEADLINES.
(a) In General.--With respect to the calculation of any period of
time for the purposes of a deadline in this Act, the last day of the
period shall be included in such calculation, unless such day is a
Saturday, a Sunday, or a legal public holiday, in which case the period
of such deadline shall be extended until the end of the next day which
is not a Saturday, a Sunday, a legal public holiday.
(b) Legal Public Holiday Defined.--For the purposes of this
section, the term ``legal public holiday'' means a day described in
section 6103(a) of title 5, United States Code.
SEC. 303. SEVERABILITY.
If any provision of this Act or any amendment made by this Act, or
the application of any such provision or amendment to any person or
circumstance, is held to be unconstitutional, the remainder of such Act
and amendments made by such Act and the application of such provision
or amendment to any other person or circumstance, shall not be affected
by the holding.
<all>
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118S631
|
UPHOLD Privacy Act of 2023
|
[
[
"K000367",
"Sen. Klobuchar, Amy [D-MN]",
"sponsor"
],
[
"W000817",
"Sen. Warren, Elizabeth [D-MA]",
"cosponsor"
],
[
"H001042",
"Sen. Hirono, Mazie K. [D-HI]",
"cosponsor"
]
] |
<html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 631 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 631
To protect the privacy of personally identifiable health and location
data, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
March 2, 2023
Ms. Klobuchar (for herself, Ms. Warren, and Ms. Hirono) introduced the
following bill; which was read twice and referred to the Committee on
Commerce, Science, and Transportation
_______________________________________________________________________
A BILL
To protect the privacy of personally identifiable health and location
data, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Upholding Protections for Health and
Online Location Data Privacy Act of 2023'' or the ``UPHOLD Privacy Act
of 2023''.
SEC. 2. PRIVACY OF HEALTH DATA.
(a) Prohibition on the Use of Health Data in Commercial
Advertising.--It shall be unlawful for any covered entity to use the
health data of an individual that is collected from any source
(including data volunteered by an individual, medical center-derived
data, data from a wearable fitness tracker, data from web browsing
history, or any other source determined appropriate by the Commission)
for commercial advertising.
(b) Minimization of Collecting, Retaining, Using, and Disclosing
Health Data.--A covered entity may not collect, retain, use, or
disclose health data except--
(1) with the express consent of the individual to whom such
data relates; or
(2) as is strictly necessary to provide a product or
service that the individual to whom such data relates has
requested from such covered entity.
(c) Minimization of Employee Access.--A covered entity shall
restrict access to health data by any employee or service provider of
the covered entity to only such an employee or service provider for
which access is necessary to provide a product or service that the
individual to whom such data relates has requested from the covered
entity.
(d) Privacy Policy.--
(1) Policy required.--A covered entity shall maintain a
privacy policy relating to the practices of such covered entity
regarding the collecting, retaining, using, and disclosing of
health data.
(2) Publication required.--If a covered entity has a
website, such covered entity shall prominently publish the
privacy policy described in paragraph (1) on such website.
(3) Contents.--The privacy policy described in paragraph
(1) shall be clear and conspicuous and contain, at a minimum,
the following:
(A) A description of the practices of the covered
entity regarding the collecting, retaining, using, and
disclosing of health data.
(B) A clear and concise statement of the categories
of such data collected, retained, used, or disclosed by
the covered entity.
(C) A clear and concise statement of the covered
entity's purposes for the collecting, retaining, using,
or disclosing of such data.
(D) A list of the specific third parties to which
the covered entity discloses such data, and a clear and
concise statement of the purposes for which the covered
entity discloses such data, including how the data may
be used by each such third party.
(E) A list of the specific third parties from which
the covered entity has collected such data, and a clear
and concise statement of the purposes for which the
covered entity collects such data.
(F) A clear and concise statement describing the
extent to which an individual may exercise control over
the collecting, retaining, using, and disclosing of
health data by the covered entity, and the steps an
individual must take to implement such controls.
(G) A clear and concise statement describing the
efforts of the covered entity to protect health data
from unauthorized disclosure.
SEC. 3. UNFAIR AND DECEPTIVE ACTS AND PRACTICES RELATING TO LOCATION
DATA.
(a) Prohibition on Sale From Data Brokers.--It shall be unlawful
for a data broker to sell, resell, license, trade, transfer, share, or
otherwise provide or make available location data (including data
volunteered by an individual, medical center-derived data, data from a
wearable fitness tracker, data from web browsing history, or any other
source determined appropriate by the Commission).
(b) Prohibition on Sale to Data Brokers.--It shall be unlawful for
any person to sell, resell, license, trade, transfer, share, or
otherwise provide or make available location data (including data
volunteered by an individual, medical center-derived data, data from a
wearable fitness tracker, data from web browsing history, or any other
source determined appropriate by the Commission) to a data broker.
SEC. 4. RIGHT OF ACCESS AND DELETION.
(a) Right of Access.--
(1) In general.--A covered entity shall make available a
reasonable mechanism by which an individual, upon verified
request, may access--
(A) any health data or location data relating to
such individual that is retained by such covered
entity, including--
(i) in the case of such data that the
covered entity collected from any third party,
how and from which specific third party the
covered entity collected such data; and
(ii) such data that the covered entity
inferred about the individual; and
(B) a list of the specific third parties to which
the covered entity has disclosed any health data or
location data relating to such individual.
(2) Format.--A covered entity shall make the information
described in paragraph (1) available in both a human-readable
and a structured, interoperable, and machine-readable format.
(b) Right of Deletion.--A covered entity shall make available a
reasonable mechanism by which an individual, upon verified request, may
request the deletion of any health data or location data relating to
such individual that is retained by the covered entity, including any
such information that the covered entity collected from a third party
or inferred from other information retained by the covered entity.
(c) Requirements for Access and Deletion.--
(1) Timeline for complying with requests.--A covered entity
shall comply with a verified request received under this
section without undue delay, but not later than 15 days after
the date on which the covered entity receives such verified
request.
(2) Fees prohibited.--A covered entity may not charge a fee
to an individual for a request made under this section.
(3) Rules of construction.--Nothing in this section shall
be construed to require a covered entity to--
(A) take an action that would convert information
that is not health data or location data into health
data or location data;
(B) collect or retain health data or location data
that the covered entity would not otherwise collect or
retain; or
(C) retain health data or location data longer than
the covered entity would otherwise retain such data.
(d) Reasonable Mechanism Defined.--In this section, the term
``reasonable mechanism'' means, with respect to a covered entity and a
right under this section, a mechanism that--
(1) is equivalent in availability and ease of use to that
of other mechanisms for communicating or interacting with the
covered entity; and
(2) includes an online means of exercising any such right.
SEC. 5. EXCEPTIONS.
(a) Publication of Newsworthy Information of Legitimate Public
Concern.--Nothing in this Act, or a regulation promulgated under this
Act, shall apply with respect to health data or location data that is
collected, retained, used, or disclosed by a covered entity for the
publication of newsworthy information of legitimate public concern to
the public, or to the collecting, retaining, using, or disclosing of
such data by a covered entity for that purpose, if such covered entity
has reasonable safeguards and processes that prevent the collecting,
retaining, using, or disclosing of health data or location data for
commercial purposes other than the publication of newsworthy
information of legitimate public concern.
(b) Public Health Campaigns.--The prohibition under section 2(a)
shall not apply to any public health campaign directed toward
individuals or subpopulations of individuals.
(c) Disclosure Pursuant to Valid Authorization.--
(1) In general.--Nothing in this Act shall be construed to
prohibit a disclosure of the health data or location data of an
individual for which the individual provides valid
authorization.
(2) Valid authorization defined.--For purposes of paragraph
(1), the term ``valid authorization'' has the meaning given
such term in section 164.508 of title 45, Code of Federal
Regulations (or a successor regulation), subject to any such
adaptation the Commission shall deem necessary to apply such
term to the disclosure of both health data and location data.
(d) HIPAA-Compliant Actions.--
(1) In general.--Nothing in this Act shall be construed to
prohibit any action taken with respect to the health
information of an individual by a data broker that is a
business associate or covered entity that is permissible under
the Federal regulations concerning standards for privacy of
individually identifiable health information promulgated under
section 264(c) of the Health Insurance Portability and
Accountability Act of 1996 (42 U.S.C. 1320d-2 note).
(2) Terms defined.--For purposes of paragraph (1), the
terms ``business associate'', ``covered entity'', and ``health
information'' shall have the meanings given those terms in the
Federal regulations specified in such section 264(c) of the
Health Insurance Portability and Accountability Act of 1996 (42
U.S.C. 1320d-2 note).
SEC. 6. EFFECTIVE DATE.
(a) In General.--The prohibitions under sections 2 and 3 shall take
effect on the earlier of--
(1) the date the Commission issues the final rule under
subsection (b); or
(2) 180 days after the date of enactment of this Act.
(b) Rulemaking.--
(1) Final rule.--Not later than 180 days after the date of
enactment of this Act, the Commission shall promulgate
regulations, pursuant to section 553 of title 5, United States
Code, to carry out the provisions of this Act.
(2) Additional guidance.--The Commission may promulgate
further regulations, pursuant to such section 553, to update
and carry out the provisions of this Act, including further
guidance regarding the types of data described in sections 2
and 3.
SEC. 7. ENFORCEMENT.
(a) Enforcement by the Federal Trade Commission.--
(1) Unfair or deceptive acts or practices.--A violation of
section 2, 3, or 4 shall be treated as a violation of a rule
defining an unfair or a deceptive act or practice under section
18(a)(1)(B) of the Federal Trade Commission Act (15 U.S.C.
57a(a)(1)(B)).
(2) Powers of the commission.--
(A) In general.--Except as provided in
subparagraphs (D) and (E), the Commission shall enforce
this Act and any regulation promulgated thereunder in
the same manner, by the same means, and with the same
jurisdiction, powers, and duties as though all
applicable terms and provisions of the Federal Trade
Commission Act (15 U.S.C. 41 et seq.) were incorporated
into and made a part of this Act.
(B) Privileges and immunities.--Subject to
subparagraph (F), any covered entity or data broker who
violates this Act or any regulation promulgated
thereunder shall be subject to the penalties and
entitled to the privileges and immunities provided in
the Federal Trade Commission Act (15 U.S.C. 41 et
seq.).
(C) Authority preserved.--Nothing in this Act shall
be construed to limit the authority of the Federal
Trade Commission under any other provision of law.
(D) Scope of jurisdiction.--Notwithstanding section
4, 5(a)(2), or 6 of the Federal Trade Commission Act
(15 U.S.C. 44, 45(a)(2), 46), or any jurisdictional
limitation of the Commission, the Commission shall also
enforce this Act and the regulations promulgated under
this Act, in the same manner provided in subparagraph
(A), with respect to--
(i) common carriers subject to the
Communications Act of 1934 (47 U.S.C. 151 et
seq.) and Acts amendatory thereof and
supplementary thereto; and
(ii) organizations that are not organized
to carry on business for their own profit or
that of their members.
(E) Independent litigation authority.--In any case
in which the Commission has reason to believe that a
covered entity or data broker is violating or has
violated section 2, 3, or 4, the Commission may bring a
civil action, subject to subsection (c), to--
(i) enjoin any further such violation by
such covered entity or data broker;
(ii) enforce compliance with this Act,
including through deletion of the relevant
information;
(iii) obtain a permanent, temporary, or
preliminary injunction;
(iv) obtain civil penalties;
(v) obtain damages (whether actual,
punitive, or otherwise), restitution,
disgorgement of unjust enrichment, or other
compensation on behalf of aggrieved persons; or
(vi) obtain any other appropriate equitable
relief.
(F) Civil penalties.--In addition to any other
penalties as may be prescribed by law, a violation of
this Act shall carry a civil penalty not to exceed 15
percent of the revenues earned during the preceding 12-
month period by the ultimate parent entity of the
covered entity or data broker that committed such
violation.
(b) Private Right of Action.--
(1) In general.--Any individual alleging a violation of
this Act or a regulation promulgated thereunder may bring a
civil action, subject to subsection (c).
(2) Relief.--In a civil action brought under paragraph (1)
in which the plaintiff prevails, the court may award--
(A) damages in an amount equal to the greater of--
(i) actual damages; or
(ii) an amount equal to not less than $100
and not more than $1,000 per violation, per
day;
(B) punitive damages;
(C) restitution or other compensation;
(D) reasonable attorney's fees, including
litigation expenses, and costs; and
(E) any other relief determined appropriate by the
court, including equitable or declaratory relief.
(3) Injury in fact.--A violation of this Act or a
regulation promulgated thereunder with respect to health data
or location data constitutes a concrete and particularized
injury in fact to the individual to whom such data relates.
(4) Invalidity of pre-dispute arbitration agreements and
pre-dispute joint-action waivers.--
(A) In general.--Notwithstanding any other
provision of law, no pre-dispute arbitration agreement
or pre-dispute joint-action waiver shall be valid or
enforceable with respect to a dispute arising under
this Act.
(B) Applicability.--Any determination as to whether
or how this paragraph applies to any dispute shall be
made by a court, rather than an arbitrator, without
regard to whether such agreement purports to delegate
such determination to an arbitrator.
(C) Definitions.--For purposes of this paragraph:
(i) Pre-dispute arbitration agreement.--The
term ``pre-dispute arbitration agreement''
means any agreement to arbitrate a dispute that
has not arisen at the time of the making of the
agreement.
(ii) Pre-dispute joint-action waiver.--The
term ``pre-dispute joint-action waiver'' means
an agreement that would prohibit a party from
participating in a joint, class, or collective
action in a judicial, arbitral, administrative,
or other forum, concerning a dispute that has
not yet arisen at the time of the making of the
agreement.
(c) Exclusive Jurisdiction.--
(1) District courts.--For any action brought under this
Act, the following district courts shall have exclusive
jurisdiction:
(A) Commission.--For actions brought by the
Commission, the United States District Court for the
District of Columbia.
(B) Private actions.--For private actions brought
by individuals, in the court of the plaintiff's choice
between--
(i) the United States District Court for
the District of Columbia; or
(ii) the district court of the United
States for the judicial district in which the
violation took place or in which any defendant
resides or does business.
(2) Court of appeals.--The United States Court of Appeals
for the District of Columbia Circuit shall have exclusive
jurisdiction of appeals from any decision under paragraph (1).
(d) Statute of Limitations.--An action for a violation of this Act
may be commenced not later than 6 years after the date upon which the
plaintiff obtains actual knowledge of the facts giving rise to such
violation.
SEC. 8. DEFINITIONS.
(a) In General.--In this Act:
(1) Collect.--The term ``collect'' means, with respect to
health data or location data, to obtain such data in any
manner.
(2) Commercial advertising.--The term ``commercial
advertising'' means communications that promote the sale of or
interest in goods or services, including goods or services that
are published digitally, via video or audio, or in print.
(3) Commission.--The term ``Commission'' means the Federal
Trade Commission.
(4) Covered entity.--
(A) In general.--The term ``covered entity'' means
any entity that--
(i) is engaged in activities in or
affecting commerce (as defined in section 4 of
the Federal Trade Commission Act (15 U.S.C.
44)); and
(ii) is--
(I) a person, partnership, or
corporation subject to the jurisdiction
of the Commission under section 5(a)(2)
of the Federal Trade Commission Act (15
U.S.C. 45(a)(2)); or
(II) notwithstanding section 4,
5(a)(2), or 6 of the Federal Trade
Commission Act (15 U.S.C. 44, 45(a)(2),
46) or any jurisdictional limitation of
the Commission--
(aa) a common carrier
subject to the Communications
Act of 1934 (47 U.S.C. 151 et
seq.) and all Acts amendatory
thereof and supplementary
thereto; or
(bb) an organization not
organized to carry on business
for its own profit or that of
its members.
(B) Exclusions.--The term ``covered entity'' does
not include an entity that is--
(i) a covered entity, as defined in section
160.103 of title 45, Code of Federal
Regulations (or a successor regulation), to the
extent such entity is acting as a covered
entity under the HIPAA privacy regulations (as
defined in section 1180(b)(3) of the Social
Security Act (42 U.S.C. 1320d-9(b)(3)));
(ii) an entity that is a business
associate, as defined in section 160.103 of
title 45, Code of Federal Regulations (or a
successor regulation), to the extent such
entity is acting as a business associate under
the HIPAA privacy regulations (as defined in
such section 1180(b)(3)); or
(iii) an entity that is subject to
restrictions on disclosure of records under
section 543 of the Public Health Service Act
(42 U.S.C. 290dd-2), to the extent such entity
is acting in a capacity subject to such
restrictions.
(5) Data broker.--The term ``data broker'' means an
individual or entity that--
(A) collects, buys, licenses, or infers data about
an individual; and
(B) sells, licenses, or trades such data.
(6) Disclose.--The term ``disclose'' means, with respect to
health data or location data, for a covered entity to release,
transfer, sell, provide access to, license, or divulge such
data in any manner to a third party or government entity.
(7) Express consent.--
(A) In general.--The term ``express consent''
means, with respect to the collecting, retaining,
using, or disclosing of health data or location data,
the informed, opted-in, voluntary, specific, and
unambiguous written consent of an individual (which may
include written consent provided by electronic means)
to such collecting, retaining, using, or disclosing of
such data.
(B) Exclusions.--The term ``express consent'' does
not include any of the following:
(i) Consent secured without first providing
to the individual a clear and conspicuous
disclosure, apart from any privacy policy,
terms of service, terms of use, general
release, user agreement, or other similar
document, of all information material to the
provision of consent.
(ii) Hovering over, muting, pausing, or
exiting a given piece of content.
(iii) Agreement obtained through the use of
a user interface designed or manipulated with
the substantial effect of subverting or
impairing user autonomy, decision making, or
choice.
(8) Health data.--The term ``health data'' means data that
identifies, relates to, describes, or reveals--
(A) the search for, attempt to obtain, or receipt
of any health services;
(B) any past, present, or future disability,
physical health condition, mental health condition, or
health condition of an individual, including efforts to
research or obtain health services or supplies
(including location data that might indicate an attempt
to acquire or receive such information services or
supplies);
(C) any treatment or diagnosis of a disability or
condition described in subparagraph (B); or
(D) any information described in subparagraph (A)
through subparagraph (C) that is derived or
extrapolated from non-health information (such as
proxy, derivative, inferred, emergent, or algorithmic
data).
(9) Location data.--
(A) In general.--The term ``location data'' means
data derived from a device or technology that reveals
the past or present physical location of an individual
or device with sufficient precision to identify street-
level location information of the individual or device
within 1,850 feet or less.
(B) Exclusion.--The term ``location data'' does not
include geolocation information identifiable or derived
solely from the visual content of a legally obtained
image, including the location of the device that
captured such image.
(10) Service provider.--
(A) In general.--The term ``service provider''
means an individual or entity that--
(i) collects, retains, uses, or discloses
health data for the sole purpose of, and only
to the extent that such individual or entity
is, conducting business activities on behalf
of, for the benefit of, under instruction of,
or under contractual agreement with a covered
entity and not any other individual or entity;
and
(ii) does not divulge health data to any
individual or entity other than such covered
entity or a contractor to such service provider
bound to information processing terms no less
restrictive than terms to which such service
provider is bound.
(B) Limitation of application.--Such individual or
entity shall only be considered a service provider in
the course of activities described in subparagraph
(A)(i).
(C) Minimization by service providers.--For
purposes of section 2, a request from an individual to
a covered entity for a product or service, and an
express consent from the individual to the covered
entity, shall be treated as having also been provided
to the service provider of the covered entity.
(11) State.--The term ``State'' means each of the several
States, the District of Columbia, each commonwealth, territory,
or possession of the United States, and each Federally
recognized Indian Tribe.
(12) Third party.--The term ``third party'' means, with
respect to the disclosing or collecting of health data, any
individual or entity that is not--
(A) the covered entity that is disclosing or
collecting such information;
(B) the individual to whom such information
relates; or
(C) a service provider.
(13) Ultimate parent entity.--The term ``ultimate parent
entity'' has the meaning given the term in section 801.1 of
title 16, Code of Federal Regulations (or a successor
regulation).
(b) Rulemaking.--
(1) In general.--Not later than 180 days after the date of
enactment of this Act, the Commission shall conduct a
rulemaking pursuant to section 553 of title 5, United States
Code, to define the terms ``public health campaign'' and
``data'' for purposes of implementing and enforcing this Act.
(2) Requirement.--For purposes of the rulemaking required
under paragraph (1), the term ``data'' shall include
information that is linked, or reasonably linkable, to--
(A) specific individuals; or
(B) specific groups of individuals who share the
same place of residence or internet protocol address.
SEC. 9. RELATIONSHIP TO FEDERAL AND STATE LAWS.
(a) Federal Law Preservation.--Nothing in this Act, or a regulation
promulgated under this Act, shall be construed to limit any other
provision of Federal law, except as specifically provided in this Act.
(b) State Law Preservation.--
(1) In general.--Nothing in this Act, or a regulation
promulgated under this Act, shall be construed to preempt,
displace, or supplant any State law, except to the extent that
a provision of State law conflicts with a provision of this
Act, or a regulation promulgated under this Act, and then only
to the extent of the conflict.
(2) Greater protection under state law.--For purposes of
this subsection, a provision of State law does not conflict
with a provision of this Act, or a regulation promulgated under
this Act, if such provision of State law provides greater
privacy protection than the privacy protection provided by such
provision of this Act or such regulation.
SEC. 10. SEVERABILITY CLAUSE.
If any provision of this Act, or the application thereof to any
individual, entity, or circumstance, is held invalid, the remainder of
this Act, and the application of such provision to other persons not
similarly situated or to other circumstances, shall not be affected by
the invalidation.
<all>
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118S632
|
ATF Transparency Act
|
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]
] |
<html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 632 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 632
To amend the Internal Revenue Code of 1986 to require the Bureau of
Alcohol, Tobacco, Firearms and Explosives to establish an
administrative relief process for individuals whose applications for
transfer and registration of a firearm were denied, and for other
purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
March 2, 2023
Mr. Risch (for himself, Mr. Scott of Florida, Mr. Crapo, Ms. Lummis,
Mr. Lankford, and Mr. Marshall) introduced the following bill; which
was read twice and referred to the Committee on the Judiciary
_______________________________________________________________________
A BILL
To amend the Internal Revenue Code of 1986 to require the Bureau of
Alcohol, Tobacco, Firearms and Explosives to establish an
administrative relief process for individuals whose applications for
transfer and registration of a firearm were denied, and for other
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 ``ATF Transparency Act''.
SEC. 2. ADMINISTRATIVE RELIEF FOR DENIAL OF FIREARM TRANSFER
APPLICATION.
(a) In General.--Section 5812 of the Internal Revenue Code of 1986
is amended by adding at the end the following new subsection:
``(c) Administrative Relief.--
``(1) In general.--With respect to any application
described in subsection (a) for the transfer and registration
of a firearm which is denied by the Secretary based on a
determination that transferring the firearm to the transferee
would violate subsection (d) of section 922 of title 18, United
States Code, or receipt of the firearm by the transferee would
violate subsection (g) or (n) of that section or State, local,
or tribal law, the Secretary shall--
``(A) provide the transferee with the relevant NICS
transaction number with respect to such application,
``(B) permit such transferee to appeal such denial
to the Secretary in a manner similar to the process for
appeals provided under section 25.10 of title 28, Code
of Federal Regulations, and
``(C) permit such transferee to provide information
to the Secretary to prevent any subsequent erroneous
denial or extended delay by NICS pursuant to a program
(as established by the Secretary) similar to the
Voluntary Appeal File program described in section
25.10(g) of title 28, Code of Federal Regulations.
``(2) Attorney fees.--In the case of any successful appeal
by the transferee pursuant to the process described in
paragraph (1)(B), the Secretary shall reimburse the transferee
for any reasonable and necessary attorney fees incurred with
respect to such appeal.
``(3) NICS.--For purposes of this subsection, the term
`NICS' means the national instant criminal background check
system established under section 103 of the Brady Handgun
Violence Prevention Act (34 U.S.C. 40901).''.
(b) Effective Date.--The amendment made by this section shall apply
to applications for the transfer and registration of a firearm which
are filed or pending on or after the date of enactment of this Act.
SEC. 3. TIMELY PROCESSING OF APPLICATIONS.
(a) Transfer of Firearms.--Section 5812 of the Internal Revenue
Code of 1986, as amended by section 2, is amended by adding at the end
the following new subsection:
``(d) Processing of Applications.--Notwithstanding subsection (a),
if an application described in such subsection with respect to the
transfer and registration of a firearm has been filed with the
Secretary and the Secretary fails to make a determination regarding
whether to approve or deny such application prior to the date which is
90 calendar days after the date on which such application was
originally filed by the transferor, the transfer and registration of
such firearm to the transferee shall be deemed to have been approved by
the Secretary for purposes of this section and such transfer may be
made. The Secretary shall only deny an application described in
subsection (a) on the grounds that the applicable requirements under
such subsection have not been satisfied, and may not deny an
application solely on the grounds that a determination regarding
whether to approve or deny such application could not be completed by
the Secretary during the period described in the preceding sentence.''.
(b) Making of Firearms.--Section 5822 of the Internal Revenue Code
of 1986 is amended by adding at the end the following:
``Notwithstanding the preceding sentences, if a person files an
application to make and register a firearm with the Secretary and the
Secretary fails to make a determination regarding whether to approve or
deny such application prior to the date which is 90 calendar days after
the date on which such application was originally filed by such person,
such application shall be deemed to have been approved by the Secretary
for purposes of this section and such firearm may be made by such
person. The Secretary shall only deny an application to make and
register a firearm on the grounds that the applicable requirements
under this section have not been satisfied, and may not deny an
application solely on the grounds that a determination regarding
whether to approve or deny such application could not be completed by
the Secretary during the period described in the preceding sentence.''.
(c) Effective Date.--The amendments made by this section shall
apply to applications which are filed or pending on or after the date
of enactment of this Act.
SEC. 4. REPORTS AND AGREEMENTS.
(a) Unresolved NICS Checks.--Not later than 180 days after the date
of enactment of this Act, the Comptroller General of the United States,
in conjunction with the Inspector General of the Department of Justice,
shall submit a report to Congress--
(1) detailing the number of NICS inquiries received during
the period of calendar years 2010 through 2021 with respect to
the transfer of a firearm which remained unresolved following
the expiration of the 90-day period described in section
25.9(b)(1) of title 28, Code of Federal Regulations; and
(2) providing recommendations for administrative actions to
be adopted by the Bureau of Alcohol, Tobacco, Firearms and
Explosives to minimize the number of unresolved NICS inquiries
described in paragraph (1).
(b) Administration of NICS Checks.--Not later than 180 days after
the date of enactment of this Act, the Inspector General of the
Department of Justice shall submit a report to Congress regarding the
percentage of NICS inquiries during the period of calendar years 2014
through 2021 with respect to the transfer of a firearm which were
administered by the Federal Bureau of Investigation on behalf of the
Bureau of Alcohol, Tobacco, Firearms and Explosives.
(c) Memorandum of Understanding.--Not later than 180 days after the
date of enactment of this Act, the Director of the Bureau of Alcohol,
Tobacco, Firearms and Explosives and the Director of the Federal Bureau
of Investigation shall enter into a memorandum of understanding
regarding the administration and processing of NICS inquiries with
respect to the transfer of firearms.
(d) Definitions.--In this section--
(1) Firearm.--The term ``firearm'' has the same meaning
given such term under section 5845(a) of the Internal Revenue
Code of 1986.
(2) NICS.--The term ``NICS'' means the national instant
criminal background check system established under section 103
of the Brady Handgun Violence Prevention Act (34 U.S.C. 40901).
<all>
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118S633
|
Everett Alvarez, Jr. Congressional Gold Medal Act of 2023
|
[
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"P000145",
"Sen. Padilla, Alex [D-CA]",
"sponsor"
],
[
"L000571",
"Sen. Lummis, Cynthia M. [R-WY]",
"cosponsor"
]
] |
<p><b>Everett Alvarez, Jr., Congressional Gold Medal Act of 2023</b></p> <p>This bill provides for the award of a Congressional Gold Medal to Everett Alvarez, Jr. in recognition of his service to the United States.</p>
|
<html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 633 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 633
To award a Congressional Gold Medal to Everett Alvarez, Jr., in
recognition of his service to the United States.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
March 2, 2023
Mr. Padilla (for himself and Ms. Lummis) 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 to Everett Alvarez, Jr., in
recognition of his service to the United States.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Everett Alvarez, Jr. Congressional
Gold Medal Act of 2023''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) Commander Everett Alvarez, Jr. (referred to in this
section as ``CDR Alvarez''), served with distinction in the
Vietnam War and made historic sacrifices for the United States
as--
(A) the first United States pilot to be shot down
and captured during the Vietnam War; and
(B) the second-longest-held prisoner of war in the
history of the United States, surviving more than 8\1/
2\ years in captivity.
(2) CDR Alvarez was born in Salinas, California, in 1937
and was the grandchild of Mexican immigrants.
(3) CDR Alvarez attended Salinas Union High School and
Hartnell College and received a bachelor of science degree from
Santa Clara University.
(4) In 1960, CDR Alvarez joined the Navy and was
commissioned as Ensign.
(5) After receiving his commission, CDR Alvarez attended
flight training at the Naval Air Training Command in Pensacola,
Florida.
(6) In June 1961, CDR Alvarez was transferred to the Naval
Auxiliary Air Station in Kingsville, Texas, where he trained
until December 1961.
(7) CDR Alvarez was promoted to Lieutenant Junior Grade in
April 1962.
(8) In June 1962, CDR Alvarez joined Attack Squadron 144,
nicknamed the ``Roadrunners'', which was deployed to the Gulf
of Tonkin before the United States entered the Vietnam War in
August 1964.
(9) On August 5, 1964, while flying Operation Pierce Arrow
from the USS Constellation near the Vietnam-China border, CDR
Alvarez's A-4 Skyhawk was shot down, and he was captured by a
Vietnamese fishing vessel.
(10) Upon capture, CDR Alvarez was taken to the Hoa Lo
Prison in Hanoi, known to many former prisoners as the ``Hanoi
Hilton''.
(11) CDR Alvarez spent his first 13 months, 8 days, and 5
hours in isolation.
(12) While at Hoa Lo, CDR Alvarez was repeatedly beaten and
tortured, was fed inedible meals, and suffered malnourishment.
(13) In September 1965, CDR Alvarez was moved to the
``Briarpatch'', a prison camp west of Hanoi that had no
electricity or running water.
(14) Despite torture and interrogation, CDR Alvarez
remained loyal to the United States and assisted other American
prisoners of war.
(15) CDR Alvarez, through his own actions, encouraged and
inspired fellow prisoners of war to ``return with honor'',
which meant keeping their integrity in the face of torture and
not cooperating with or divulging information to the enemy, so
that they could return home having remained loyal to the United
States.
(16) At great risk, CDR Alvarez helped spread the means of
communication among fellow prisoners of war, including the tap
code and the mute hand code, to keep up spirits and stay
organized.
(17) On July 6, 1966, CDR Alvarez and 51 other American
prisoners of war were forced to march in the ``Hanoi Parade''
where he was abused and attacked by mobs.
(18) CDR Alvarez was released on February 12, 1973, after
spending 3,113 days, or 8 years and 6 months, in captivity.
(19) Following his release and hospitalization, CDR Alvarez
resumed his service in the Navy, returning to Naval Air Station
Kingsville for refresher flight training.
(20) CDR Alvarez--
(A) attended the Naval Postgraduate School in
Monterey, California, and received a master's degree in
operations research and systems analysis in 1976; and
(B) was inducted into the Alumni Hall of Fame of
the Naval Postgraduate School on March 27, 2015.
(21) CDR Alvarez served in Program Management at the Naval
Air Systems command in Washington, DC, from October 1976 until
his retirement.
(22) CDR Alvarez retired from the Navy on June 30, 1980,
after a 20-year career in the Navy.
(23) In April 1981, President Ronald Reagan appointed CDR
Alvarez as Deputy Director of the Peace Corps, where he served
until 1982.
(24) In July 1982, President Reagan nominated CDR Alvarez
to be Deputy Administrator of the Veterans Administration, now
known as the Department of Veterans Affairs, where he served
until 1986.
(25) CDR Alvarez earned his juris doctor from the George
Washington University Law School in 1983 and has been admitted
to the District of Columbia bar.
(26) In February 1987, President Reagan appointed CDR
Alvarez to the Board of Regents of the Uniformed Services
University of the Health Sciences, where he served for nearly
21 years.
(27) For his service, CDR Alvarez was awarded the Silver
Star Medal, 2 Legions of Merit, the Distinguished Flying Cross,
2 Bronze Star Medals, 2 Purple Hearts, and the Prisoner of War
Medal.
(28) On September 18, 2012, the United States Navy Memorial
awarded CDR Alvarez the ``Lone Sailor Award''.
(29) The people of the United States honor the sacrifices
of CDR Alvarez and his service to the United States.
SEC. 3. CONGRESSIONAL GOLD MEDAL.
(a) Presentation Authorized.--The Speaker of the House of
Representatives and the President pro tempore of the Senate shall make
appropriate arrangements for the presentation, on behalf of Congress,
of a gold medal of appropriate design to Everett Alvarez, Jr., in
recognition of his service to the United States.
(b) Design and Striking.--
(1) In general.--For purposes of the presentation referred
to in subsection (a), the Secretary of the Treasury (referred
to in this Act as the ``Secretary'') shall strike a gold medal
with suitable emblems, devices, and inscriptions, to be
determined by the Secretary.
(2) Image and inscription.--The gold medal struck under
paragraph (1) shall bear an image of, and the inscription of
the name of, Everett Alvarez, Jr.
SEC. 4. DUPLICATE MEDALS.
The Secretary may strike and sell duplicates in bronze of the gold
medal struck under section 3, at a price sufficient to cover the costs
of the medals, including labor, materials, dies, use of machinery, and
overhead expenses.
SEC. 5. STATUS OF MEDALS.
(a) National Medals.--Medals struck under this Act are national
medals for purposes of chapter 51 of title 31, United States Code.
(b) Numismatic Items.--For purposes of section 5134 of title 31,
United States Code, all medals struck under this Act shall be
considered to be numismatic items.
SEC. 6. AUTHORITY TO USE FUND AMOUNTS; PROCEEDS OF SALE.
(a) Authority To Use Fund Amounts.--There is authorized to be
charged against the United States Mint Public Enterprise Fund such
amounts as may be necessary to pay for the costs of the medals struck
under this Act.
(b) Proceeds of Sale.--Amounts received from the sale of duplicate
bronze medals authorized under section 4 shall be deposited into the
United States Mint Public Enterprise Fund.
<all>
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118S634
|
Crucial Communism Teaching Act
|
[
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"Sen. Kennedy, John [R-LA]",
"sponsor"
],
[
"S001217",
"Sen. Scott, Rick [R-FL]",
"cosponsor"
]
] |
<p><strong>Crucial Communism Teaching Act</strong></p> <p>This bill directs the Victims of Communism Memorial Foundation to develop a civic education curriculum and oral history resources for high school students to promote understanding of certain political ideologies (e.g., communism and totalitarianism) that conflict with principles of U.S. democracy.</p>
|
<html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 634 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 634
To develop and disseminate a civic education curriculum and oral
history resources regarding certain political ideologies, and for other
purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
March 2, 2023
Mr. Kennedy (for himself and Mr. Scott of Florida) introduced the
following bill; which was read twice and referred to the Committee on
Health, Education, Labor, and Pensions
_______________________________________________________________________
A BILL
To develop and disseminate a civic education curriculum and oral
history resources regarding certain political ideologies, and for other
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 ``Crucial Communism Teaching Act''.
SEC. 2. PURPOSES.
The purposes of this Act are the following:
(1) To help families, civic institutions, local
communities, local educational agencies, high schools, and
State educational agencies to prepare high school students to
be civically responsible and knowledgeable adults.
(2) To ensure that high school students in the United
States--
(A) learn that communism has led to the deaths of
more than 100,000,000 victims worldwide;
(B) understand the dangers of communism and similar
political ideologies; and
(C) understand that 1,500,000,000 people still
suffer under communism.
SEC. 3. DEVELOPMENT AND DISSEMINATION OF CIVIC EDUCATION CURRICULUM AND
ORAL HISTORY RESOURCES.
The independent entity created under section 905(b)(1)(B) of the
FRIENDSHIP Act (Public Law 103-199; 107 Stat. 2331), also known as the
``Victims of Communism Memorial Foundation'', shall--
(1) develop a civic education curriculum for high school
students that--
(A) includes a comparative discussion of certain
political ideologies, including communism and
totalitarianism, that conflict with the principles of
freedom and democracy that are essential to the
founding of the United States;
(B) is accurate, relevant, and accessible, so as to
promote the understanding of such political ideologies;
and
(C) is compatible with a variety of courses,
including social studies, government, history, and
economics classes;
(2) develop oral history resources that may be used
alongside the curriculum described in paragraph (1) and that
include personal stories, titled ``Portraits in Patriotism'',
from diverse individuals who--
(A) demonstrate civic-minded qualities;
(B) are victims of the political ideologies
described in paragraph (1)(A); and
(C) are able to compare the political ideologies
described in paragraph (1)(A) with the political
ideology of the United States; and
(3) engage with State and local educational leaders to
assist high schools in using the curriculum described in
paragraph (1) and the resources described in paragraph (2).
SEC. 4. DEFINITIONS.
The terms in section 8101 of the Elementary and Secondary Education
Act of 1965 (20 U.S.C. 7801) shall apply to this Act.
<all>
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118S635
|
Protecting Minors from Medical Malpractice Act of 2023
|
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"cosponsor"
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] |
<p><strong>Protecting Minors from Medical Malpractice Act of 2023</strong></p> <p>This bill makes a medical practitioner who performs a gender-transition procedure on an individual who is less than 18 years of age liable for any physical, psychological, emotional, or physiological harms from the procedure for 30 years after the individual turns 18.</p> <p>Additionally, if a state requires medical practitioners to perform gender-transition procedures, that state shall be ineligible for federal funding from the Department of Health and Human Services.</p> <p>Gender-transition procedures generally include certain surgeries or hormone therapies that change the body of an individual to correspond to a sex that is discordant with the individual's biological sex. They exclude, however, interventions to treat (1) individuals who either have ambiguous external biological sex characteristics or lack a normal sex chromosome structure, sex steroid hormone production, or sex steroid hormone action; (2) infections, injuries, diseases, or disorders caused by a gender-transition procedure; or (3) a physical disorder, injury, or illness that places an individual in imminent danger of death or impairment of a major bodily function.</p>
|
<html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 635 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 635
To protect children from medical malpractice in the form of gender
transition procedures.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
March 2, 2023
Mr. Cotton (for himself, Mr. Braun, Mr. Cruz, Mr. Daines, Mr. Lankford,
Mr. Mullin, Mr. Rubio, and Mr. Vance) introduced the following bill;
which was read twice and referred to the Committee on the Judiciary
_______________________________________________________________________
A BILL
To protect children from medical malpractice in the form of gender
transition procedures.
Be it enacted by the Senate 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 Minors from Medical
Malpractice Act of 2023''.
SEC. 2. PRIVATE RIGHT OF ACTION FOR A GENDER-TRANSITION PROCEDURE
PERFORMED ON A MINOR.
(a) In General.--A medical practitioner, in any circumstance
described in subsection (c), who performs a gender-transition procedure
on an individual who is less than 18 years of age shall, as described
in subsection (b), be liable to the individual if injured (including
any physical, psychological, emotional, or physiological harms) by such
procedure, related treatment, or the aftereffects of the procedure or
treatment.
(b) Private Right of Action.--An individual covered by subsection
(a) who receives a gender-transition procedure from a medical
practitioner (or a representative, including a legal guardian, on
behalf of such individual) may, not later than the day that is 30 years
after the date on which the individual turns 18 years of age, bring a
civil action against such medical practitioner in a court of competent
jurisdiction for--
(1) declaratory or injunctive relief;
(2) compensatory damages;
(3) punitive damages; and
(4) attorney's fees and costs.
(c) Circumstances.--For the purposes of subsection (a), the
circumstances described in this subsection are that--
(1) the medical practitioner or the individual receiving
the gender-transition procedure traveled in interstate or
foreign commerce, or traveled using a means, channel, facility,
or instrumentality of interstate or foreign commerce, in
furtherance of or in connection with the conduct described in
subsection (a);
(2) the medical practitioner used a means, channel,
facility, or instrumentality of interstate or foreign commerce
in furtherance of or in connection with the conduct described
in subsection (a);
(3) any payment of any kind was made, directly or
indirectly, in furtherance of or in connection with the conduct
described in subsection (a) using any means, channel, facility,
or instrumentality of interstate or foreign commerce or in or
affecting interstate or foreign commerce;
(4) the medical practitioner transmitted in interstate or
foreign commerce any communication relating to or in
furtherance of the conduct described in subsection (a) using
any means, channel, facility, or instrumentality of interstate
or foreign commerce or in or affecting interstate or foreign
commerce by any means or in any manner, including by computer,
mail, wire, or electromagnetic transmission;
(5) any instrument, item, substance, or other object that
has traveled in interstate or foreign commerce was used to
perform the conduct described in subsection (a);
(6) the conduct described in subsection (a) occurred within
the special maritime and territorial jurisdiction of the United
States, or any territory or possession of the United States; or
(7) the conduct described in subsection (a) otherwise
occurred in or affected interstate or foreign commerce.
SEC. 3. PRESERVING FREEDOM OF CONSCIENCE AND MEDICAL JUDGEMENT FOR
MEDICAL PROVIDERS.
Notwithstanding any other provision of law, no provision of Federal
law shall require, or be construed to require, a medical practitioner
to perform a gender-transition procedure.
SEC. 4. PROHIBITION ON FUNDING FOR CERTAIN STATES.
Notwithstanding any other provision of law, any State that requires
medical practitioners to perform any gender-transition procedure on an
individual in the State shall be ineligible to receive any Federal
funding from the Department of Health and Human Services.
SEC. 5. DEFINITIONS.
In this Act:
(1) Biological sex.--The term ``biological sex'' means the
genetic classification of an individual as male or female, as
reflected in the organization of the body of such individual
for a reproductive role or capacity, such as through sex
chromosomes, naturally occurring sex hormones, and internal and
external genitalia present at birth, without regard to the
subjective sense of identity of the individual.
(2) Gender-transition procedure.--
(A) In general.--Except as provided in subparagraph
(B), the term ``gender-transition procedure'' means--
(i) the prescription or administration of
puberty-blocking drugs for the purpose of
changing the body of an individual so that it
conforms to the subjective sense of identity of
the individual, in the case such identity is at
odds with the individual's biological sex;
(ii) the prescription or administration of
cross-sex hormones for the purpose of changing
the body of an individual so that it conforms
to the subjective sense of identity of the
individual, in the case such identity is at
odds with the individual's biological sex; or
(iii) a surgery to change the body of an
individual so that it conforms to the
subjective sense of identity of the individual,
in the case such identity is at odds with the
individual's biological sex.
(B) Exception.--The term ``gender-transition
procedure'' does not include--
(i) an intervention described in
subparagraph (A) that is performed on--
(I) an individual with biological
sex characteristics that are inherently
ambiguous, such as those born with 46
XX chromosomes with virilization, 46 XY
chromosomes with undervirilization, or
having both ovarian and testicular
tissue; or
(II) an individual with respect to
whom a physician has determined through
genetic or biochemical testing that the
individual does not have normal sex
chromosome structure, sex steroid
hormone production, or sex steroid
hormone action, for a biological male
or biological female;
(ii) the treatment of any infection,
injury, disease, or disorder that has been
caused or exacerbated by the performance of an
intervention described in subparagraph (A)
without regard to whether the intervention was
performed in accordance with State or Federal
law or whether the intervention is covered by
the private right of action under section 2; or
(iii) any procedure undertaken because the
individual suffers from a physical disorder,
physical injury, or physical illness that
would, as certified by a physician, place the
individual in imminent danger of death or
impairment of major bodily function unless the
procedure is performed.
(3) Medical practitioner.--The term ``medical
practitioner'' means a person who is licensed, certified, or
otherwise authorized by the laws of a State to administer
health care in the ordinary course of the practice of the
person's profession.
SEC. 6. EFFECTIVE DATE.
This Act shall take effect on the date of enactment of this Act.
<all>
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|
118S636
|
Dolores River National Conservation Area and Special Management Area Act
|
[
[
"B001267",
"Sen. Bennet, Michael F. [D-CO]",
"sponsor"
],
[
"H000273",
"Sen. Hickenlooper, John W. [D-CO]",
"cosponsor"
]
] |
<p><strong>Dolores River National Conservation Area and Special Management Area Act</strong></p> <p>This bill establishes the Dolores River National Conservation Area and the Dolores River Special Management Area in Colorado. </p> <p>A management plan must be developed for each area. The bill allows for the continued use of the areas by members of Indian tribes for traditional ceremonies and as a source of traditional plants and other materials.</p> <p>The Department of the Interior shall establish the Dolores River National Conservation Area Advisory Council. </p> <p>Interior must manage the areas identified as Ponderosa Gorge in a manner that maintains its wilderness character, including certain restrictions on (1) road construction; (2) the use of motor vehicles, motorized equipment, or mechanical transport; and (3) projects undertaken for the purpose of harvesting commercial timber.</p> <p>The bill releases segments of the Dolores River inside the areas from further study for potential addition to the Wild and Scenic Rivers System.</p>
|
<html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 636 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 636
To establish the Dolores River National Conservation Area and the
Dolores River Special Management Area in the State of Colorado, to
protect private water rights in the State, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
March 2, 2023
Mr. Bennet (for himself and Mr. Hickenlooper) introduced the following
bill; which was read twice and referred to the Committee on Energy and
Natural Resources
_______________________________________________________________________
A BILL
To establish the Dolores River National Conservation Area and the
Dolores River Special Management Area in the State of Colorado, to
protect private water rights in the State, and for other 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 ``Dolores River
National Conservation Area and Special Management Area Act''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
TITLE I--DOLORES RIVER NATIONAL CONSERVATION AREA
Sec. 101. Establishment of Dolores River National Conservation Area.
Sec. 102. Management of Conservation Area.
Sec. 103. Dolores River National Conservation Area Advisory Council.
TITLE II--DOLORES RIVER SPECIAL MANAGEMENT AREA
Sec. 201. Designation of Dolores River Special Management Area.
Sec. 202. Management of Special Management Area.
TITLE III--TECHNICAL MODIFICATIONS TO POTENTIAL ADDITIONS TO NATIONAL
WILD AND SCENIC RIVERS SYSTEM
Sec. 301. Purpose.
Sec. 302. Release of designated segments from Dolores River
congressional study area.
Sec. 303. Applicability of continuing consideration provision.
TITLE IV--GENERAL PROVISIONS
Sec. 401. Management of covered land.
Sec. 402. Protection of water rights and other interests.
Sec. 403. Effect on private property and regulatory authority.
Sec. 404. Tribal rights and traditional uses.
SEC. 2. DEFINITIONS.
In this Act:
(1) Conservation area.--The term ``Conservation Area''
means the Dolores River National Conservation Area established
by section 101(a).
(2) Council.--The term ``Council'' means the Dolores River
National Conservation Area Advisory Council established under
section 103(a).
(3) Covered land.--The term ``covered land'' means--
(A) the Conservation Area; and
(B) the Special Management Area.
(4) Dolores project.--The term ``Dolores Project'' has the
meaning given the term in section 3 of the Colorado Ute Indian
Water Rights Settlement Act of 1988 (Public Law 100-585; 102
Stat. 2974).
(5) Map.--The term ``Map'' means the map prepared by the
Bureau of Land Management entitled ``Proposed Dolores River
National Conservation Area and Special Management Area'' and
dated December 14, 2022.
(6) Secretary.--The term ``Secretary'' means--
(A) in title I, the Secretary of the Interior;
(B) in title II, the Secretary of Agriculture; and
(C) in title IV--
(i) the Secretary of the Interior, with
respect to land under the jurisdiction of the
Secretary of the Interior; and
(ii) the Secretary of Agriculture, with
respect to land under the jurisdiction of the
Secretary of Agriculture.
(7) Special management area.--The term ``Special Management
Area'' means the Dolores River Special Management Area
established by section 201(a).
(8) State.--The term ``State'' means the State of Colorado.
(9) Unreasonably diminish.--The term ``unreasonably
diminish'' is within the meaning of the term used in section
7(a) of the Wild and Scenic Rivers Act (16 U.S.C. 1278(a)) and
has the meaning of the term as applied in appendix D of the
Technical Report of the Interagency Wild and Scenic Rivers
Coordinating Council entitled ``Wild & Scenic Rivers: Section
7'' and dated October 2004.
(10) Water resource project.--The term ``water resource
project'' means any dam, irrigation and pumping facility,
reservoir, water conservation work, aqueduct, canal, ditch,
pipeline, well, hydropower project, and transmission and other
ancillary facility, and other water diversion, storage, and
carriage structure.
TITLE I--DOLORES RIVER NATIONAL CONSERVATION AREA
SEC. 101. ESTABLISHMENT OF DOLORES RIVER NATIONAL CONSERVATION AREA.
(a) Establishment.--
(1) In general.--Subject to valid existing rights, there is
established the Dolores River National Conservation Area in the
State.
(2) Land included.--The Conservation Area shall consist of
approximately 52,872 acres of Bureau of Land Management land in
the State, as generally depicted as ``Proposed Lower Dolores
River National Conservation Area'' on the Map.
(b) Purpose.--The purpose of the Conservation Area is to conserve,
protect, and enhance the native fish, whitewater boating, recreational,
hunting, fishing, scenic, cultural, archaeological, natural,
geological, historical, ecological, watershed, wildlife, educational,
and scientific resources of the Conservation Area.
(c) Map and Legal Description.--
(1) In general.--As soon as practicable after the date of
enactment of this Act, the Secretary shall file a map and legal
description of the Conservation Area with the Committee on
Natural Resources of the House of Representatives and the
Committee on Energy and Natural Resources of the Senate.
(2) Effect.--The map and legal description prepared under
paragraph (1) shall have the same force and effect as if
included in this title, except that the Secretary may correct
minor errors in the map or legal description.
(3) Public availability.--A copy of the map and legal
description shall be on file and available for public
inspection in the appropriate offices of the Bureau of Land
Management.
SEC. 102. MANAGEMENT OF CONSERVATION AREA.
(a) In General.--The Secretary shall manage the Conservation Area
in accordance with--
(1) this Act;
(2) the Federal Land Policy and Management Act of 1976 (43
U.S.C. 1701 et seq.); and
(3) other applicable laws.
(b) Uses.--Subject to the provisions of this Act, the Secretary
shall allow only such uses of the Conservation Area as are consistent
with the purpose described in section 101(b).
(c) Management Plan.--
(1) Plan required.--
(A) In general.--Not later than 3 years after the
date of enactment of this Act, the Secretary shall
develop a management plan for the long-term protection,
management, and monitoring of the Conservation Area.
(B) Review and revision.--The management plan under
subparagraph (A) shall, from time to time, be subject
to review and revision, in accordance with--
(i) this Act;
(ii) the Federal Land Policy and Management
Act of 1976 (43 U.S.C. 1701 et seq.); and
(iii) other applicable laws.
(2) Consultation and coordination.--The Secretary shall
prepare and revise the management plan under paragraph (1)--
(A) in consultation with--
(i) the State;
(ii) units of local government;
(iii) the public;
(iv) the Council; and
(v) the Native Fish Monitoring and
Recommendation Team, as described in section
402(b)(1); and
(B) in coordination with the Secretary of
Agriculture, with respect to the development of the
separate management plan for the Special Management
Area, as described in section 202(c).
(3) Recommendations.--In preparing and revising the
management plan under paragraph (1), the Secretary shall take
into consideration any recommendations from the Council.
(4) Treaty rights.--In preparing and revising the
management plan under paragraph (1), taking into consideration
the rights and obligations described in section 402, the
Secretary shall ensure that the management plan does not alter
or diminish--
(A) the treaty rights of any Indian Tribe;
(B) any rights described in the Colorado Ute Indian
Water Rights Settlement Act of 1988 (Public Law 100-
585; 102 Stat. 2973); or
(C) the operation or purposes of the Dolores
Project.
(d) Incorporation of Acquired Land and Interests.--Any land or
interest in land located within the boundary of the Conservation Area
that is acquired by the United States in accordance with section 401(c)
after the date of enactment of this Act shall--
(1) become part of the Conservation Area; and
(2) be managed as provided in this section.
(e) Department of Energy Leases.--
(1) In general.--Nothing in this title affects valid leases
or lease tracts existing on the date of enactment of this Act
issued under the uranium leasing program of the Department of
Energy within the boundaries of the Conservation Area.
(2) Management.--
(A) In general.--Subject to subparagraph (B), land
designated for the program described in paragraph (1)
shall be--
(i) exempt from section 401(b); and
(ii) managed in a manner that allow the
leases to fulfill the purposes of the program,
consistent with the other provisions of this
title and title IV.
(B) Designation.--Land subject to a lease described
in paragraph (1) shall be considered part of the
Conservation Area and managed in accordance with other
provisions of this title on a finding by the Secretary
that--
(i)(I) the lease has expired; and
(II) the applicable lease tract has been
removed from the leasing program by the
Secretary of Energy; and
(ii) the land that was subject to the lease
is suitable for inclusion in the Conservation
Area.
(C) Effect.--Nothing in subparagraph (B) prevents
the Secretary of Energy from extending any lease
described in paragraph (1).
SEC. 103. DOLORES RIVER NATIONAL CONSERVATION AREA ADVISORY COUNCIL.
(a) Establishment.--Not later than 1 year after the date of
enactment of this Act, the Secretary shall establish an advisory
council, to be known as the ``Dolores River National Conservation Area
Advisory Council''.
(b) Duties.--The Council shall advise--
(1) the Secretary with respect to the preparation,
implementation, and monitoring of the management plan prepared
under section 102(c); and
(2) the Secretary of Agriculture with respect to the
preparation, implementation, and monitoring of the management
plan prepared under section 202(c).
(c) Applicable Law.--The Council shall be subject to--
(1) chapter 10 of title 5, United States Code (commonly
referred to as the ``Federal Advisory Committee Act'');
(2) the Federal Land Policy and Management Act of 1976 (43
U.S.C. 1701 et seq.); and
(3) this Act.
(d) Membership.--
(1) In general.--The Council shall include 14 members to be
appointed by the Secretary, of whom, to the extent
practicable--
(A) 2 members shall represent agricultural water
user interests in the Conservation Area or the Dolores
River watershed, of whom 1 shall represent the Dolores
Water Conservancy District;
(B) 2 members shall represent conservation
interests in the Conservation Area;
(C) 2 members shall represent recreation interests
in the Conservation Area, 1 of whom shall represent
whitewater boating interests;
(D) 1 member shall be a representative of Dolores
County, Colorado;
(E) 1 member shall be a representative of San
Miguel County, Colorado;
(F) 1 member shall be a representative of Montezuma
County, Colorado;
(G) 1 member shall be a private landowner that owns
land in immediate proximity to the Conservation Area;
(H) 1 member shall be a representative of Colorado
Parks and Wildlife;
(I) 1 member shall be a holder of a grazing-
allotment permit in the Conservation Area; and
(J) 2 members shall be representatives of Indian
Tribes, 1 of whom shall be a representative of the Ute
Mountain Ute Tribe.
(2) Representation.--
(A) In general.--The Secretary shall ensure that
the membership of the Council is fairly balanced in
terms of the points of view represented and the
functions to be performed by the Council.
(B) Requirements.--
(i) In general.--The members of the Council
described in subparagraphs (B) and (C) of
paragraph (1) shall be residents that live
within reasonable proximity to the Conservation
Area.
(ii) County representatives.--The members
of the Council described in subparagraphs (D)
and (E) of paragraph (1) shall be--
(I) residents of the respective
counties referred to in those
subparagraphs; and
(II) capable of representing the
interests of the applicable board of
county commissioners.
(e) Terms of Office.--
(1) In general.--The term of office of a member of the
Council shall be 5 years.
(2) Reappointment.--A member may be reappointed to the
Council on completion of the term of office of the member.
(f) Compensation.--A member of the Council--
(1) shall serve without compensation for service on the
Council; but
(2) may be reimbursed for qualified expenses of the member.
(g) Chairperson.--The Council shall elect a chairperson from among
the members of the Council.
(h) Meetings.--
(1) In general.--The Council shall meet at the call of the
chairperson--
(A) not less frequently than quarterly until the
management plan under section 102(c) is developed; and
(B) thereafter, at the call of the Secretary.
(2) Public meetings.--Each meeting of the Council shall be
open to the public.
(3) Notice.--A notice of each meeting of the Council shall
be published in advance of the meeting.
(i) Technical Assistance.--The Secretary shall provide, to the
maximum extent practicable in accordance with applicable law, any
information and technical services requested by the Council to assist
in carrying out the duties of the Council.
(j) Renewal.--The Secretary shall ensure that the Council charter
is renewed as required under applicable law.
(k) Duration.--The Council--
(1) shall continue to function for the duration of
existence of the Conservation Area; but
(2) on completion of the management plan, shall only meet--
(A) at the call of the Secretary; or
(B) in the case of a review or proposed revision to
the management plan.
TITLE II--DOLORES RIVER SPECIAL MANAGEMENT AREA
SEC. 201. DESIGNATION OF DOLORES RIVER SPECIAL MANAGEMENT AREA.
(a) Establishment.--
(1) In general.--Subject to valid existing rights, there is
established the Dolores River Special Management Area in the
State.
(2) Land included.--The Special Management Area shall
consist of approximately 15,452 acres of Federal land in the
San Juan National Forest in the State, including National
Forest System land in the Dolores River segment that extends
from the Dolores Project boundary downstream to the boundary of
the San Juan National Forest, as of the date of enactment of
this Act, as generally depicted as ``Proposed Dolores River
Special Management Area'' on the Map.
(b) Purpose.--The purpose of the Special Management Area is to
conserve, protect, and enhance the native fish, whitewater boating,
recreational, hunting, fishing, scenic, cultural, archaeological,
natural, geological, historical, ecological, watershed, wildlife,
educational, and scientific resources of the Special Management Area.
(c) Map and Legal Description.--
(1) In general.--As soon as practicable after the date of
enactment of this Act, the Secretary shall file a map and legal
description of the Special Management Area with the Committee
on Natural Resources of the House of Representatives and the
Committee on Energy and Natural Resources of the Senate.
(2) Effect.--The map and legal description prepared under
paragraph (1) shall have the same force and effect as if
included in this title, except that the Secretary may correct
minor errors in the map or legal description.
(3) Public availability.--A copy of the map and legal
description shall be on file and available for public
inspection in the appropriate offices of the Forest Service.
SEC. 202. MANAGEMENT OF SPECIAL MANAGEMENT AREA.
(a) In General.--The Secretary shall manage the Special Management
Area in accordance with--
(1) this Act;
(2) the National Forest Management Act of 1976 (16 U.S.C.
1600 et seq.); and
(3) other applicable laws.
(b) Uses.--The Secretary shall allow only such uses of the Special
Management Area as the Secretary determines would further the purpose
of the Special Management Area, as described in section 201(b).
(c) Management Plan.--
(1) Plan required.--
(A) In general.--Not later than 3 years after the
date of enactment of this Act, the Secretary shall
develop a management plan for the long-term protection,
management, and monitoring of the Special Management
Area.
(B) Review and revision.--The management plan under
subparagraph (A) shall, from time to time, be subject
to review and revision in accordance with--
(i) this Act;
(ii) the National Forest Management Act of
1976 (16 U.S.C. 1600 et seq.); and
(iii) other applicable laws.
(2) Consultation and coordination.--The Secretary shall
prepare and revise the management plan under paragraph (1)--
(A) in consultation with--
(i) the State;
(ii) units of local government;
(iii) the public;
(iv) the Council; and
(v) the Native Fish Monitoring and
Recommendation Team, as described in section
402(b)(1); and
(B) in coordination with the Secretary of the
Interior, with respect to the development of the
separate management plan for the Conservation Area, as
described in section 102(c).
(3) Recommendations.--In preparing and revising the
management plan under paragraph (1), the Secretary shall take
into consideration any recommendations from the Council.
(4) Treaty rights.--In preparing and revising the
management plan under paragraph (1), taking into consideration
the rights and obligations described in section 402, the
Secretary shall ensure that the management plan does not alter
or diminish--
(A) the treaty rights of any Indian Tribe;
(B) any rights described in the Colorado Ute Indian
Water Rights Settlement Act of 1988 (Public Law 100-
585; 102 Stat. 2973); or
(C) the operation or purposes of the Dolores
Project.
(d) Incorporation of Acquired Land and Interests.--Any land or
interest in land located within the boundary of the Special Management
Area that is acquired by the United States in accordance with section
401(c) after the date of enactment of this Act shall--
(1) become part of the Special Management Area; and
(2) be managed as provided in this section.
TITLE III--TECHNICAL MODIFICATIONS TO POTENTIAL ADDITIONS TO NATIONAL
WILD AND SCENIC RIVERS SYSTEM
SEC. 301. PURPOSE.
The purpose of this title is to release portions of the Dolores
River and certain tributaries from designation for potential addition
under the Wild and Scenic Rivers Act (16 U.S.C. 1271 et seq.) or from
further study under that Act.
SEC. 302. RELEASE OF DESIGNATED SEGMENTS FROM DOLORES RIVER
CONGRESSIONAL STUDY AREA.
Section 5(a)(56) of the Wild and Scenic Rivers Act (16 U.S.C.
1276(a)(56)) is amended by inserting ``and the segments of the Dolores
River located in the Dolores River National Conservation Area
designated by the Dolores River National Conservation Area and Special
Management Area Act'' before the period at the end.
SEC. 303. APPLICABILITY OF CONTINUING CONSIDERATION PROVISION.
Section 5(d)(1) of the Wild and Scenic Rivers Act (16 U.S.C.
1276(d)(1)) shall not apply to--
(1) the Conservation Area; or
(2) the Special Management Area.
TITLE IV--GENERAL PROVISIONS
SEC. 401. MANAGEMENT OF COVERED LAND.
(a) Motorized Vehicles.--
(1) In general.--Except in cases in which motorized
vehicles are needed for administrative purposes or to respond
to an emergency, the use of motorized vehicles in the covered
land shall be permitted only on designated routes.
(2) Road construction.--Except as necessary for
administrative purposes, protection of public health and
safety, or providing reasonable access to private property, the
Secretary shall not construct any permanent or temporary road
within the covered land after the date of enactment of this
Act.
(b) Withdrawals.--Subject to valid existing rights, all covered
land, including any land or interest in land that is acquired by the
United States within the covered land after the date of enactment of
this Act, is withdrawn from--
(1) entry, appropriation or disposal under the public land
laws;
(2) location, entry, and patent under the mining laws; and
(3) operation of the mineral leasing, mineral materials,
and geothermal leasing laws, except as provided in section
102(e).
(c) Willing Sellers.--Any acquisition of land or interests in land
under this Act shall be only by purchase from willing sellers,
donation, or exchange.
(d) Grazing.--The Secretary shall issue and administer any grazing
leases or permits and trailing permits and administer allotments in the
covered land in accordance with the laws (including regulations)
applicable to the issuance and administration of leases and permits on
other land under the jurisdiction of the Bureau of Land Management or
Forest Service, as applicable.
(e) Access to Private Land.--To ensure reasonable use and enjoyment
of private property (whether in existence on the date of enactment of
this Act or in an improved state), the Secretary shall grant reasonable
and feasible access through the covered land to any private property
that is located within or adjacent to the covered land, if other routes
to the private property are blocked by physical barriers, such as the
Dolores River or the cliffs of the Dolores River.
(f) Easements.--The Secretary may lease or acquire easements on
private land from willing lessors, donors, or sellers for recreation,
access, conservation, or other permitted uses, to the extent necessary
to fulfill the purposes of the Conservation Area or Special Management
Area, as applicable.
(g) Wildfire, Insect, and Disease Management.--The Secretary may
take any measures that the Secretary determines to be necessary to
control fire, insects, and diseases in the covered land, (including, as
the Secretary determines to be appropriate, the coordination of the
measures with the State or a local agency).
(h) Management of Ponderosa Gorge.--
(1) In general.--The Secretary shall manage the areas of
the Conservation Area and Special Management Area identified on
the Map as ``Ponderosa Gorge'' in a manner that maintains the
wilderness character of those areas as of the date of enactment
of this Act.
(2) Prohibited activities.--Subject to paragraphs (3) and
(4), in the areas described in paragraph (1), the following
activities shall be prohibited:
(A) New permanent or temporary road construction or
the renovation of nonsystem roads in existence on the
date of enactment of this Act.
(B) The use of motor vehicles, motorized equipment,
or mechanical transport, except as necessary to meet
the minimum requirements for the administration of the
Federal land, to protect public health and safety, or
to conduct ecological restoration activities to improve
the aquatic habitat of the Dolores River channel.
(C) Projects undertaken for the purpose of
harvesting commercial timber.
(3) Utility corridor.--Nothing in this subsection affects
the operation, maintenance, or location of the utility right-
of-way within the corridor, as depicted on the Map.
(4) Effect on certain vegetation management projects.--
Nothing in this subsection--
(A) affects the implementation of the Lone Pine
Vegetation Management Project authorized by the Forest
Service in a decision notice dated January 23, 2020; or
(B) prohibits activities relating to the harvest of
merchantable products that are byproducts of activities
conducted--
(i) for ecological restoration; or
(ii) to further the purposes of this Act.
(i) Effect.--Nothing in this Act prohibits the Secretary from
issuing a new permit and right-of-way within the covered land for a
width of not more than 150 feet for a right-of-way that serves a
transmission line in existence on the date of enactment of this Act, on
the condition that the Secretary shall relocate the right-of-way in a
manner that furthers the purposes of this Act.
(j) Climatological Data Collection.--Subject to such terms and
conditions as the Secretary may require, nothing in this Act precludes
the installation and maintenance of hydrologic, meteorological, or
climatological collection devices in the covered land if the facilities
and access to the facilities are essential to public safety, flood
warning, flood control, water reservoir operation activities, or the
collection of hydrologic data for water resource management purposes.
SEC. 402. PROTECTION OF WATER RIGHTS AND OTHER INTERESTS.
(a) Dolores Project.--
(1) Operation.--The Dolores Project and the operation of
McPhee Reservoir shall continue to be the responsibility of,
and be operated by, the Secretary, in cooperation with the
Dolores Water Conservancy District, in accordance with
applicable laws and obligations.
(2) Effect.--Nothing in this Act affects the Dolores
Project or the current or future operation of McPhee Reservoir
in accordance with--
(A) the reclamation laws;
(B) any applicable--
(i) Dolores Project water contract, storage
contract, or carriage contract; or
(ii) allocation of Dolores Project water;
(C) the environmental assessment and finding of no
significant impact prepared by the Bureau of
Reclamation Upper Colorado Region and approved August
2, 1996;
(D) the operating agreement entitled ``Operating
Agreement, McPhee Dam and Reservoir, Contract No. 99-
WC-40-R6100, Dolores Project, Colorado'' and dated
April 25, 2000 (or any subsequent renewal or revision
of that agreement);
(E) mitigation measures for whitewater boating,
including any such measure described in--
(i) the document entitled ``Dolores Project
Colorado Definite Plan Report'' and dated April
1977;
(ii) the Dolores Project final
environmental statement dated May 9, 1977; or
(iii) a document referred to in
subparagraph (C) or (D);
(F) applicable Federal or State laws relating to
the protection of the environment, including--
(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.); and
(iii) the Federal Water Pollution Control
Act (33 U.S.C. 1251 et seq.); and
(G) the Colorado Ute Indian Water Rights Settlement
Act of 1988 (Public Law 100-585; 102 Stat. 2973).
(b) Management of Flows.--
(1) In general.--In managing available flows below McPhee
Dam to conserve, protect, and enhance the resources described
in sections 101(b) and 201(b) of the Dolores River within the
covered land, including native fish and whitewater boating
resources, the Secretary shall seek to provide regular and
meaningful consultation and collaboration with interested
stakeholders, including the Native Fish Monitoring and
Recommendation Team, which includes water management entities,
affected counties, conservation interests, whitewater boating
interests, Colorado Parks and Wildlife, and the Ute Mountain
Ute Tribe, during the process of decision making.
(2) Annual report.--Beginning on the date that is 1 year
after the date of enactment of this Act and annually
thereafter, the Commissioner of Reclamation shall prepare and
make publically available a report that describes any progress
with respect to the conservation, protection, and enhancement
of native fish in the Dolores River.
(c) Water Resource Projects.--
(1) In general.--Subject to valid existing rights and
paragraph (2), after the date of enactment of this Act, the
Secretary or any other officer, employee, or agent of the
United States may not assist by loan, grant, license, or
otherwise in the construction or modification of any water
resource project--
(A) located on the covered land that would--
(i) affect the free-flowing character of
any stream within the covered land; or
(ii) unreasonably diminish the resource
values described in sections 101(b) and 201(b)
of the Dolores River within the covered land;
or
(B) located outside the covered land that would
unreasonably diminish the resource values described in
sections 101(b) and 201(b) of the Dolores River within
the covered land.
(2) Limitations.--Subject to the requirements of this
section, nothing in paragraph (1)--
(A) prevents, outside the covered land--
(i) the construction of small diversion
dams or stock ponds;
(ii) new minor water developments in
accordance with existing decreed water rights;
or
(iii) minor modifications to structures; or
(B) affects access to, or operation, maintenance,
relicensing, repair, or replacement of, existing water
resource projects.
(d) Effect.--Nothing in this Act--
(1) affects--
(A) any water right that is--
(i) decreed under the laws of the State;
and
(ii) in existence on the date of enactment
of this Act;
(B) the use, allocation, ownership, or control, in
existence on the date of enactment of this Act, of any
water or water right;
(C) any vested absolute or decreed conditional
water right in existence on the date of enactment of
this Act, including any water right held by the United
States;
(D) any interstate water compact in existence on
the date of enactment of this Act; or
(E) State jurisdiction over any water law, water
right, or adjudication or administration relating to
any water resource;
(2) imposes--
(A) any mandatory streamflow requirement within the
covered land; or
(B) any Federal water quality standard within, or
upstream of, the covered land that is more restrictive
than would be applicable if the covered land had not
been designated as the Conservation Area or Special
Management Area under this Act; or
(3) constitutes an express or implied reservation by the
United States of any reserved or appropriative water right
within the covered land.
SEC. 403. EFFECT ON PRIVATE PROPERTY AND REGULATORY AUTHORITY.
(a) Effect.--Nothing in this Act--
(1) affects valid existing rights;
(2) requires any owner of private property to bear any
costs associated with the implementation of the management plan
under this Act;
(3) affects the jurisdiction or responsibility of the State
with respect to fish and wildlife in the State;
(4) requires a change in or affects local zoning laws of
the State or a political subdivision of the State; or
(5) affects--
(A) the jurisdiction over, use, or maintenance of
county roads in the covered land; or
(B) the administration of the portion of the road
that is not a county road and that is commonly known as
the ``Dolores River Road'' within the Conservation
Area, subject to the condition that the Secretary shall
not improve the road beyond the existing primitive
condition of the road.
(b) Adjacent Management.--
(1) No buffer zones.--The designation of the Conservation
Area and the Special Management Area by this Act shall not
create any protective perimeter or buffer zone around the
Conservation Area or Special Management Area, as applicable.
(2) Private land.--Nothing in this Act requires the
prohibition of any activity on private land outside the
boundaries of the Conservation Area or the Special Management
Area that can be seen or heard from within such a boundary.
SEC. 404. TRIBAL RIGHTS AND TRADITIONAL USES.
(a) Treaty Rights.--Nothing in this Act affects the treaty rights
of any Indian Tribe, including rights under the Agreement of September
13, 1873, ratified by the Act of April 29, 1874 (18 Stat. 36, chapter
136).
(b) Traditional Tribal Uses.--Subject to any terms and conditions
as the Secretary determines to be necessary and in accordance with
applicable law, the Secretary shall allow for the continued use of the
covered land by members of Indian Tribes--
(1) for traditional ceremonies; and
(2) as a source of traditional plants and other materials.
<all>
</pre></body></html>
|
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118S637
|
Child Labor Prevention Act
|
[
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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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"cosponsor"
],
[
"L000570",
"Sen. Lujan, Ben Ray [D-NM]",
"cosponsor"
]
] |
<html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 637 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 637
To amend the Fair Labor Standards Act of 1938 to apply child labor laws
to independent contractors, increase penalties for child labor law
violations, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
March 2, 2023
Mr. Schatz (for himself, Mr. Fetterman, Mr. Durbin, Ms. Cortez Masto,
Ms. Baldwin, and Ms. Duckworth) introduced the following bill; which
was read twice and referred to the Committee on Health, Education,
Labor, and Pensions
_______________________________________________________________________
A BILL
To amend the Fair Labor Standards Act of 1938 to apply child labor laws
to independent contractors, increase penalties for child labor law
violations, and for other 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 ``Child Labor Prevention Act''.
SEC. 2. AMENDMENTS TO THE FAIR LABOR STANDARDS ACT OF 1938.
(a) Application to Workers.--The Fair Labor Standards Act of 1938
(29 U.S.C. 201 et seq.) is amended--
(1) in section 3 (29 U.S.C. 203)--
(A) in subsection (d)--
(i) by striking ```Employer' includes'' and
inserting ``(1) `Employer' includes'';
(ii) by inserting ``(or, for purposes of
any child labor provision of this Act,
including paragraph (2), subsection (aa),
section 12, and any provision of this Act
administering or enforcing such a child labor
provision, a worker)'' after ``employee''; and
(iii) by adding at the end the following:
``(2) Notwithstanding any other provision in this section, for
purposes of any child labor provision of this Act, including
subsections (l) and (aa), section 12, and any provision of this Act
administering or enforcing such a child labor provision, the term
`employer' includes any person engaging an individual (including an
independent contractor) for the performance of work.'';
(B) in subsection (j)--
(i) by inserting ``(or, for purposes of any
child labor provision of this Act, including
section 12 and any provision of this Act
administering or enforcing such a child labor
provision, worker)'' after ``employee'' each
place it appears; and
(ii) by inserting ``(or, for purposes of
any child labor provision of this Act,
including section 12 and any provision of this
Act administering or enforcing such a child
labor provision, engaged for work)'' after
``was employed'';
(C) in subsection (l)--
(i) by striking ``employment under'' and
inserting ``work under'';
(ii) by striking ``employee'' each place it
appears and inserting ``worker'';
(iii) by striking ``is employed by'' each
place it appears and inserting ``performs work
for'';
(iv) by striking ``employing'' and
inserting ``engaging for work'';
(v) by striking ``employment of'' each
place it appears and inserting ``engagement for
work of'';
(vi) by striking ``employment in'' and
inserting ``engagement for work in'';
(vii) by striking ``employees'' and
inserting ``workers''; and
(viii) by striking ``such employment'' and
inserting ``such work'';
(D) in subsection (s), by inserting ``(or, for
purposes of any child labor provision of this Act,
including section 12 and any provision of this Act
administering or enforcing such a child labor
provision, workers)'' after ``employees'' each place it
appears; and
(E) by adding at the end the following:
``(z) `Work', for purposes of any child labor provision of this
Act, including subsections (d)(2), (l), and (aa), section 12, and any
provision of this Act administering or enforcing such a child labor
provision, means the performance of services for remuneration,
including employment.
``(aa) `Worker', for purposes of any child labor provision of this
Act, including subsection (l), section 12, and any provision of this
Act administering or enforcing such a child labor provision, means any
individual (including an independent contractor or an employee) engaged
for work by an employer.'';
(2) in section 11 (29 U.S.C. 211)--
(A) in subsection (a)--
(i) by inserting ``(or, for purposes of any
child labor provision of this Act, including
section 12 and any provision of this Act
administering or enforcing such a child labor
provision, work)'' after ``employment''; and
(ii) by inserting ``(or, for purposes of
any child labor provision of this Act,
including section 12 and any provision of this
Act administering or enforcing such a child
labor provision, workers)'' after ``such
employees''; and
(B) in subsection (c)--
(i) by inserting ``or, for purposes of any
child labor provision of this Act, including
section 12 and any provision of this Act
administering or enforcing such a child labor
provision, the persons working for the
employer'' after ``employed by him''; and
(ii) by inserting ``(or, for purposes of
any such child labor provision of this Act,
work)'' after ``employment'';
(3) in section 12 (29 U.S.C. 212)--
(A) in subsection (b), by striking ``employment
of'' and inserting ``engagement for work of''; and
(B) in subsection (d), by striking ``employee'' and
inserting ``worker'';
(4) in section 13 (29 U.S.C. 213)--
(A) in subsection (c)--
(i) in paragraph (1)--
(I) in the matter preceding
subparagraph (A)--
(aa) by striking
``employee'' each place it
appears and inserting
``worker'';
(bb) by striking ``employed
in'' and inserting ``engaged
for work in''; and
(cc) by striking ``so
employed'' and inserting ``so
engaged'';
(II) in subparagraph (A)--
(aa) by striking ``employed
by'' and inserting ``engaged
for work by'';
(bb) by striking ``is
employed with'' by inserting
``is engaged for work with'';
and
(cc) by striking
``employees'' and inserting
``workers''; and
(III) in subparagraph (B)--
(aa) by striking ``such
employment'' and inserting
``such engagement for work'';
(bb) by striking
``employed'' and inserting
``engaged for work''; and
(cc) by striking
``employee'' and inserting
``worker'';
(ii) in paragraph (2)--
(I) by striking ``employee'' each
place it appears and inserting
``worker'';
(II) by striking ``employed in''
and inserting ``engaged for work in'';
(III) by striking ``employment of''
and inserting ``engagement for work
of''; and
(IV) by striking ``employed by''
and inserting ``so engaged by'';
(iii) in paragraph (3), by striking
``employed'' and inserting ``engaged for
work'';
(iv) in paragraph (4)--
(I) in subparagraph (A)--
(aa) in the matter
preceding clause (i)--
(AA) by striking
``employment'' and
inserting ``engagement
for work''; and
(BB) by striking
``employed'' and
inserting ``engaged for
work'';
(bb) in clause (ii), by
striking ``employment'' and
inserting ``engagement for
work'';
(cc) in clause (iv), by
striking ``employment'' and
inserting ``engagement for
work''; and
(dd) in clause (v), by
striking ``employed'' and
inserting ``engaged for work'';
and
(II) in subparagraph (B), by
striking ``employed'' each place it
appears and inserting ``engaged for
work'';
(v) in paragraph (5)--
(I) by striking ``employee'' each
place it appears and inserting
``worker'';
(II) by striking ``employees'' each
place it appears and inserting
``workers''; and
(III) in subparagraph (C)--
(aa) in clause (i), by
striking ``employee's'' each
place it appears and inserting
``worker's''; and
(bb) in clause (iii)(I), by
striking ``employment'' and
inserting ``work'';
(vi) in paragraph (6)--
(I) in the matter preceding
subparagraph (A)--
(aa) by striking
``employees who are under'' and
inserting ``workers who are
under''; and
(bb) by striking ``Employee
who are 17'' and inserting
``Workers who are 17'';
(II) by striking ``employee'' each
place it appears and inserting
``worker'';
(III) by striking ``employee's''
each place it appears and inserting
``worker's'';
(IV) by striking ``of employment''
each place it appears and inserting
``of work'';
(V) in subparagraph (F), by
striking ``employees of'' each place it
appears and inserting ``workers of'';
and
(VI) in subparagraph (G), by
striking ``employment'' and inserting
``engagement for work''; and
(vii) in paragraph (7)--
(I) in subparagraph (A)(i), by
striking ``employed'' and inserting
``engaged for work''; and
(II) in subparagraph (B), in the
matter preceding clause (i), by
striking ``employment'' and inserting
``engagement for work'';
(B) in subsection (d), by inserting ``(or, for
purposes of section 12, worker)'' after ``any
employee''; and
(C) in subsection (f), by inserting ``(or, for
purposes of section 11 (with respect to any child labor
provision of this Act) and 12, worker)'' after ``any
employee'';
(5) in section 16(e)(1)(A) (29 U.S.C. 216(e)(1)(A)), by
striking ``employee'' and inserting ``worker''; and
(6) in section 18C (29 U.S.C. 218c)--
(A) by inserting ``(or, for purposes of any child
labor provision of this Act, including section 12 and
any provision of this Act administering or enforcing
such a child labor provision, worker)'' after
``employee'' each place it appears; and
(B) by inserting ``(or, for purposes of any child
labor provision of this Act, including section 12 and
any provision of this Act administering or enforcing
such a child labor provision, of work)'' after
``employment'' each place it appears.
(b) Civil Penalties.--Section 16(e)(1) of the Fair Labor Standards
Act of 1938 (29 U.S.C. 216(e)(1)), as amended by subsection (a)(5), is
further amended--
(1) in subparagraph (A)--
(A) in the matter preceding clause (i), by striking
``not to exceed'' and inserting ``of an amount (subject
to subparagraph (C)) that is'';
(B) in clause (i), by striking ``$11,000'' and
inserting ``not less than $5,000 and not more than
$132,270''; and
(C) in clause (ii), by striking ``$50,000'' and
inserting ``not less than $25,000 and not more than
$601,150''; and
(2) by adding at the end the following:
``(C) The dollar amounts referred to in clauses (i) and
(ii) of subparagraph (A) shall be increased annually, for
fiscal year 2024 and every fiscal year thereafter, by the
percent increase, if any, in the consumer price index for all
urban consumers (all items; United States city average) for the
most recent 12-month period for which applicable data is
available.''.
(c) Criminal Penalties.--Section 16(a) of the Fair Labor Standards
Act of 1938 (29 U.S.C. 216(a)) is amended--
(1) by striking ``Any'' and inserting ``(1) Any'';
(2) by inserting ``(other than subsection (a)(4) of such
section)'' after ``section 15'';
(3) by striking ``subsection'' each place it appears and
inserting ``paragraph''; and
(4) by adding at the end the following:
``(2) Any person who repeatedly or willfully violates section
15(a)(4) shall upon conviction thereof be subject to a fine of not more
than $50,000, or to imprisonment for not more than 1 year, or both.''.
SEC. 3. EFFECTIVE DATES.
(a) Application to All Workers.--The amendments made by section
2(a) shall take effect on the date that is 90 days after the date of
enactment of this Act.
(b) Penalties.--The amendments made by subsections (b) and (c) of
section 2 shall apply with respect to violations alleged to have
occurred on or after the date of the enactment of this Act.
<all>
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118S638
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Disclosure of Tax Havens and Offshoring Act
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<html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 638 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 638
To amend the Securities Act of 1934 to require country-by-country
reporting.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
March 2, 2023
Mr. Van Hollen (for himself, Mr. Durbin, Mr. Sanders, Mr. Whitehouse,
Ms. Smith, Ms. Klobuchar, Mr. Casey, Mr. Blumenthal, Ms. Baldwin, Ms.
Duckworth, and Ms. Warren) introduced the following bill; which was
read twice and referred to the Committee on Banking, Housing, and Urban
Affairs
_______________________________________________________________________
A BILL
To amend the Securities Act of 1934 to require country-by-country
reporting.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Disclosure of Tax Havens and
Offshoring Act''.
SEC. 2. COUNTRY-BY-COUNTRY REPORTING.
(a) Country-by-Country Reporting.--Section 13 of the Securities
Exchange Act of 1934 (15 U.S.C. 78m) is amended by adding at the end
the following:
``(t) Disclosure of Financial Performance on a Country-by-Country
Basis.--
``(1) Definitions.--In this subsection--
``(A) the term `constituent entity' means, with
respect to a covered issuer, any separate business
entity of the covered issuer;
``(B) the term `covered issuer' means an issuer
that is a member of a multinational enterprise group
that has annual revenue for the preceding calendar year
of not less than an amount determined by the Commission
to conform to United States or international standards
for country-by-country reporting; and
``(C) the term `tax jurisdiction'--
``(i) means a jurisdiction that--
``(I) is not a country; and
``(II) has fiscal autonomy; and
``(ii) includes a territory or possession
of the United States that has fiscal autonomy.
``(2) Disclosure.--
``(A) In general.--Each covered issuer shall submit
to the Commission a report that includes information
described in subparagraph (B), and any other
information required by the Commission, with respect to
the reporting period described in subparagraph (C).
``(B) Information required.--The information
described in this subparagraph is as follows:
``(i) Constituent entity information.--
Information on the constituent entity,
including the following:
``(I) The complete legal name of
the constituent entity.
``(II) The tax jurisdiction, if
any, in which the constituent entity is
resident for tax purposes.
``(III) The tax jurisdiction in
which the constituent entity is
organized or incorporated (if different
from the tax jurisdiction of
residence).
``(IV) The tax identification
number, if any, used for the
constituent entity by the tax
administration of the jurisdiction of
residence of the constituent entity.
``(V) The main business activity or
activities of the constituent entity.
``(ii) Tax jurisdiction.--Information on
each tax jurisdiction in which 1 or more
constituent entities is resident, presented as
an aggregated or consolidated form of the
information for the constituent entities
resident in each tax jurisdiction, including
the following:
``(I) Revenues generated from
transactions with other constituent
entities.
``(II) Revenues not generated from
transactions with other constituent
entities.
``(III) Profit or loss before
income tax.
``(IV) Total income tax paid on a
cash basis to all tax jurisdictions.
``(V) Total accrued tax expense
recorded on taxable profits or losses.
``(VI) Stated capital.
``(VII) Total accumulated earnings.
``(VIII) Total number of employees
on a full-time equivalent basis.
``(IX) Net book value of tangible
assets, not including cash or cash
equivalents, intangibles, or financial
assets.
``(iii) Special rules.--The information
listed in clause (ii) shall be provided, in
aggregated or consolidated form, for any
constituent entity or entities that have no tax
jurisdiction of residence. If a constituent
entity is an owner of a constituent entity that
does not have a jurisdiction of tax residence,
then the share of the owner of the revenues and
profits of the entity shall be aggregated or
consolidated with the information for the tax
jurisdiction of residence of the owner.
``(C) Reporting period.--The reporting period
covered by this paragraph is the period of the
applicable financial statement of the covered entity
prepared for the 12-month period that ends with or
within the taxable year of the covered issuer. If the
covered issuer does not prepare an annual applicable
financial statement, the reporting period covered by
this paragraph is the 12-month period that ends on the
last day of the taxable year of the covered issuer.
``(D) Filing deadline.--Each covered issuer shall
submit to the Commission a report required under this
section on or before the due date (including
extensions) for filing the tax return of the covered
issuer in the tax jurisdiction in which the
multinational enterprise group of the covered issuer is
resident.
``(E) Regulations.--The Commission shall promulgate
regulations carrying out this section that conform to
United States or international standards for country-
by-country reporting, including regulations promulgated
by the Internal Revenue Service.''.
(b) Rulemaking.--
(1) Deadlines.--The Securities and Exchange Commission (in
this section referred to as the ``Commission'') shall--
(A) not later than 270 days after the date of
enactment of this Act, issue a proposed rule to carry
out this section and the amendments made by this
section; and
(B) not later than 1 year after the date of
enactment of this Act, issue a final rule to carry out
this section and the amendments made by this section.
(2) Data format.--The information required to be provided
under subsection (t) of section 13 of the Securities Exchange
Act of 1934, as added by subsection (a) of this section, shall
be provided by the issuer in a report in a machine readable
format prescribed by the Commission, which shall be made
available to the public online, in such machine readable format
as the Commission shall prescribe.
(3) Effective date.--Subsection (t) of section 13 of the
Securities Exchange Act of 1934, as added by subsection (a) of
this section, shall take effect on the date that is 1 year
after the date on which the Commission issues a final rule
under paragraph (1)(B).
<all>
</pre></body></html>
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118S639
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Historic Tax Credit Growth and Opportunity Act of 2023
|
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"sponsor"
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[
"F000062",
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]
] |
<p><strong>Historic Tax Credit Growth and Opportunity Act of 2023</strong></p> <p>This bill increases the rehabilitation tax credit and modifies certain requirements for the credit. </p> <p>The bill increases the rate of the credit to 30% for small projects (rehabilitation expenditures not exceeding $3.75 million) and caps the credit for such projects at $750,000 for all taxable years. </p> <p>The bill also expands the types of buildings eligible for rehabilitation by decreasing the rehabilitation threshold from 100% to 50% of project expenses. It also eliminates the basis adjustment requirement for the credit and modifies rules relating to the eligibility of tax-exempt use property for the credit.</p>
|
<html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 639 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 639
To amend the Internal Revenue Code of 1986 to improve the historic
rehabilitation tax credit, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
March 2, 2023
Mr. Cardin (for himself, Mr. Cassidy, Ms. Cantwell, and Ms. Collins)
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 improve the historic
rehabilitation tax credit, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Historic Tax Credit Growth and
Opportunity Act of 2023''.
SEC. 2. INCREASE IN THE REHABILITATION CREDIT FOR CERTAIN SMALL
PROJECTS.
(a) In General.--Section 47 of the Internal Revenue Code of 1986 is
amended by adding at the end the following new subsection:
``(e) Special Rule Regarding Certain Small Projects.--
``(1) In general.--In the case of any qualified
rehabilitated building or portion thereof--
``(A) which is placed in service after the date of
the enactment of this subsection, and
``(B) which is a small project,
subsection (a)(2) shall be applied by substituting `30 percent'
for `20 percent'.
``(2) Maximum credit.--The credit under this section (after
application of this subsection) with respect to any project for
all taxable years shall not exceed $750,000.
``(3) Small project.--
``(A) In general.--For purposes of this subsection,
the term `small project' means any certified historic
structure or portion thereof if--
``(i) the total qualified rehabilitation
expenditures taken into account for purposes of
this section with respect to the rehabilitation
do not exceed $3,750,000, and
``(ii) no credit was allowed under this
section for either of the two immediately
preceding taxable years with respect to such
building.
``(B) Progress expenditures.--Credit allowable by
reason of subsection (d) shall not be taken into
account under subparagraph (A)(ii).''.
(b) Effective Date.--The amendment made by this section shall apply
to periods after the date of the enactment of this Act, under rules
similar to the rules of section 48(m) of the Internal Revenue Code of
1986 (as in effect on the day before the date of the enactment of the
Revenue Reconciliation Act of 1990).
SEC. 3. INCREASING THE TYPE OF BUILDINGS ELIGIBLE FOR REHABILITATION.
(a) In General.--Section 47(c)(1)(B)(i)(I) of the Internal Revenue
Code of 1986 is amended by inserting ``50 percent of'' before ``the
adjusted basis''.
(b) Effective Date.--The amendment made by subsection (a) shall
apply to taxable years beginning after December 31, 2022.
SEC. 4. ELIMINATION OF REHABILITATION CREDIT BASIS ADJUSTMENT.
(a) In General.--Section 50(c) of the Internal Revenue Code of 1986
is amended by adding at the end the following new paragraph:
``(6) Exception for rehabilitation credit.--In the case of
the rehabilitation credit, paragraph (1) shall not apply.''.
(b) Treatment in Case of Credit Allowed to Lessee.--Section 50(d)
of such Code is amended by adding at the end the following: ``In the
case of the rehabilitation credit, paragraph (5)(B) of the section
48(d) referred to in paragraph (5) of this subsection shall not
apply.''.
(c) Effective Date.--The amendments made by this section shall
apply to property placed in service after the date of the enactment of
this Act.
SEC. 5. MODIFICATIONS REGARDING CERTAIN TAX-EXEMPT USE PROPERTY.
(a) In General.--Section 47(c)(2)(B)(v) of the Internal Revenue
Code of 1986 is amended by adding at the end the following new
subclause:
``(III) Disqualified lease rules to
apply only in case of government
entity.--For purposes of subclause (I),
except in the case of a tax-exempt
entity described in section
168(h)(2)(A)(i), the determination of
whether property is tax-exempt use
property shall be made under section
168(h) without regard to whether the
property is leased in a disqualified
lease (as defined in section
168(h)(1)(B)(ii)).''.
(b) Effective Date.--The amendments made by this section shall
apply to property placed in service after the date of the enactment of
this Act.
<all>
</pre></body></html>
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118S64
|
Water Rights Protection Act of 2023
|
[
[
"B001261",
"Sen. Barrasso, John [R-WY]",
"sponsor"
],
[
"R000584",
"Sen. Risch, James E. [R-ID]",
"cosponsor"
],
[
"C000880",
"Sen. Crapo, Mike [R-ID]",
"cosponsor"
]
] |
<p><b>Water Rights Protection Act of 2023</b></p> <p>This bill prohibits the Departments of the Interior and Agriculture from</p> <ul> <li>conditioning the issuance, renewal, amendment, or extension of any permit or other land use or occupancy agreement (permit) on the transfer of any water right to the United States or on any impairment of title granted or otherwise recognized under state law by federal or state action;</li> <li>requiring any water user (including a federally recognized Indian tribe) to apply for or acquire a water right in the name of the United States under state law as a condition of the issuance, renewal, amendment, or extension of such a permit; or </li> <li>conditioning or withholding the issuance, renewal, amendment, or extension of such a permit on limiting the date, time, quantity, location of diversion or pumping, or place of use of a state water right beyond any limitations under state water law, or on the modification of the terms and conditions of groundwater withdrawal, guidance and reporting procedures, or conservation and source protection measures established by a state. </li> </ul> <p>In developing any rule or similar federal action relating to the issuance, renewal, amendment, or extension of any permit, such departments (1) shall recognize the longstanding water use authority of the states and coordinate with the states to ensure that any federal action is consistent with applicable state water law, and (2) shall not adversely affect the authority of a state in permitting the beneficial use of water or adjudicating water rights.</p>
|
<html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 64 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 64
To prohibit the conditioning of any permit, lease, or other use
agreement on the transfer of any water right to the United States by
the Secretary of the Interior and the Secretary of Agriculture, and for
other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
January 25, 2023
Mr. Barrasso (for himself, Mr. Risch, and Mr. Crapo) introduced the
following bill; which was read twice and referred to the Committee on
Energy and Natural Resources
_______________________________________________________________________
A BILL
To prohibit the conditioning of any permit, lease, or other use
agreement on the transfer of any water right to the United States by
the Secretary of the Interior and the Secretary 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 ``Water Rights Protection Act of
2023''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Secretary.--The term ``Secretary'' means, as
applicable--
(A) the Secretary of Agriculture; or
(B) the Secretary of the Interior.
(2) Water right.--The term ``water right'' means any
surface water, groundwater, or water storage use filed,
permitted, certificated, confirmed, decreed, adjudicated, or
otherwise recognized by a judicial proceeding or by the State,
in which the user acquires possession of the water or puts the
water to beneficial use, including water rights of federally
recognized Indian Tribes.
SEC. 3. POLICY DEVELOPMENT.
In developing any rule, policy, directive, management plan, or
similar Federal action relating to the issuance, renewal, amendment, or
extension of any permit, approval, license, lease, allotment, easement,
right-of-way, or other land use or occupancy agreement, the Secretary--
(1) shall--
(A) recognize the longstanding authority of the
States relating to evaluating, protecting, allocating,
regulating, permitting, and adjudicating water use; and
(B) coordinate with the States to ensure that any
rule, policy, directive, management plan, or similar
Federal action is consistent with, and imposes no
greater restriction or regulatory requirement, than
applicable State water law; and
(2) shall not--
(A) assert any connection between surface water and
groundwater that is inconsistent with such a connection
recognized by State water law; or
(B) take any action that adversely affects--
(i) the authority of a State in--
(I) permitting the beneficial use
of water; or
(II) adjudicating water rights;
(ii) any definition established by a State
with respect to the term ``beneficial use'',
``priority of water rights'', or ``terms of
use''; or
(iii) any other right or obligation of a
State established under State law.
SEC. 4. TREATMENT OF WATER RIGHTS.
The Secretary shall not--
(1) condition the issuance, renewal, amendment, or
extension of any permit, approval, license, lease, allotment,
easement, right-of-way, or other land use or occupancy
agreement on the transfer of any water right (including joint
and sole ownership) directly or indirectly to the United
States, or on any impairment of title or interest, in whole or
in part, granted or otherwise recognized under State law, by
Federal or State adjudication, decree, or other judgment, or
pursuant to any interstate water compact;
(2) require any water user (including any federally
recognized Indian Tribe) to apply for or acquire a water right
in the name of the United States under State law as a condition
of the issuance, renewal, amendment, or extension of any
permit, approval, license, lease, allotment, easement, right-
of-way, or other land use or occupancy agreement; or
(3) condition or withhold the issuance, renewal, amendment,
or extension of any permit, approval, license, lease,
allotment, easement, right-of-way, or other land use or
occupancy agreement, in whole or in part, on--
(A) limiting the date, time, quantity, location of
diversion or pumping, or place of use of a State water
right beyond any applicable limitations under State
water law; or
(B) the modification of the terms and conditions of
groundwater withdrawal, guidance and reporting
procedures, or conservation and source protection
measures established by a State.
SEC. 5. EFFECT.
(a) Reclamation Contracts.--Nothing in this Act in any way
interferes with any existing or future Bureau of Reclamation contract
entered into pursuant to Federal reclamation law (the Act of June 17,
1902 (32 Stat. 388, chapter 1093), and Acts supplemental to and
amendatory of that Act).
(b) Endangered Species Act.--Nothing in this Act affects the
implementation of the Endangered Species Act of 1973 (16 U.S.C. 1531 et
seq.).
(c) Federal Reserved Water Rights.--Nothing in this Act limits or
expands any existing or future reserved water rights of the Federal
Government on land administered by the Secretary.
(d) Federal Power Act.--Nothing in this Act limits or expands
authorities pursuant to sections 4(e), 10(j), or 18 of the Federal
Power Act (16 U.S.C. 797(e), 803(j), 811).
(e) Indian Water Rights.--Nothing in this Act limits or expands any
existing or future reserved water right or treaty right of any
federally recognized Indian Tribe.
(f) Federally Held State Water Rights.--Nothing in this Act limits
the ability of the Secretary, through applicable State procedures, to
acquire, use, enforce, or protect a State water right owned by the
United States.
(g) Interstate Compacts.--Nothing in this Act affects an allocation
contained in, or limitations and requirements of, any interstate water
compact or decree of the Supreme Court of the United States
interpreting or enforcing an interstate water compact.
<all>
</pre></body></html>
|
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|
118S640
|
Federal Employees Civil Relief Act
|
[
[
"S001194",
"Sen. Schatz, Brian [D-HI]",
"sponsor"
],
[
"B001277",
"Sen. Blumenthal, Richard [D-CT]",
"cosponsor"
],
[
"B000944",
"Sen. Brown, Sherrod [D-OH]",
"cosponsor"
],
[
"C000141",
"Sen. Cardin, Benjamin L. [D-MD]",
"cosponsor"
],
[
"C001113",
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"cosponsor"
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[
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"cosponsor"
],
[
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"Sen. Feinstein, Dianne [D-CA]",
"cosponsor"
],
[
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"Sen. Hirono, Mazie K. [D-HI]",
"cosponsor"
],
[
"K000384",
"Sen. Kaine, Tim [D-VA]",
"cosponsor"
],
[
"K000367",
"Sen. Klobuchar, Amy [D-MN]",
"cosponsor"
],
[
"M000639",
"Sen. Menendez, Robert [D-NJ]",
"cosponsor"
],
[
"M001176",
"Sen. Merkley, Jeff [D-OR]",
"cosponsor"
],
[
"P000145",
"Sen. Padilla, Alex [D-CA]",
"cosponsor"
],
[
"S000033",
"Sen. Sanders, Bernard [I-VT]",
"cosponsor"
],
[
"V000128",
"Sen. Van Hollen, Chris [D-MD]",
"cosponsor"
],
[
"W000805",
"Sen. Warner, Mark R. [D-VA]",
"cosponsor"
],
[
"W000817",
"Sen. Warren, Elizabeth [D-MA]",
"cosponsor"
]
] |
<html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 640 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 640
To suspend the enforcement of certain civil liabilities of Federal
employees and contractors during a lapse in appropriations, or during a
breach of the statutory debt limit, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
March 2, 2023
Mr. Schatz (for himself, Mr. Blumenthal, Mr. Brown, Mr. Cardin, Ms.
Cortez Masto, Ms. Duckworth, Mrs. Feinstein, Ms. Hirono, Mr. Kaine, Ms.
Klobuchar, Mr. Menendez, Mr. Merkley, Mr. Padilla, Mr. Sanders, Mr. Van
Hollen, Mr. Warner, and Ms. Warren) introduced the following bill;
which was read twice and referred to the Committee on Finance
_______________________________________________________________________
A BILL
To suspend the enforcement of certain civil liabilities of Federal
employees and contractors during a lapse in appropriations, or during a
breach of the statutory debt limit, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Federal Employees Civil Relief
Act''.
SEC. 2. PURPOSE.
The purpose of this Act is to provide for the temporary suspension
of judicial and administrative proceedings and transactions that may
adversely affect the civil rights of Federal workers during a shutdown.
SEC. 3. DEFINITIONS.
In this Act:
(1) Consumer reporting agency.--The term ``consumer
reporting agency'' has the meaning given the term in section
603(f) of the Fair Credit Reporting Act (15 U.S.C. 1681a(f)).
(2) Contractor.--The term ``contractor'' has the meaning
given the term in section 7101 of title 41, United States Code.
(3) Court; judgment; state.--The terms ``court'',
``judgment'', and ``State'' have the meanings given those terms
in section 101 of the Servicemembers Civil Relief Act (50
U.S.C. 3911).
(4) Covered period.--The term ``covered period'' means the
period beginning on the date on which a shutdown begins and
ending on the date that is 30 days after the date on which that
shutdown ends.
(5) Federal worker.--The term ``Federal worker''--
(A) means an employee of a Government agency; and
(B) includes an employee of a contractor.
(6) Government agency.--The term ``Government agency''
means each authority of the executive, legislative, or judicial
branch of the Government of the United States.
(7) Shutdown.--The term ``shutdown'' means any period in
which--
(A) there is more than a 24-hour lapse in
appropriations for any Government agency or Federal
department as a result of a failure to enact a regular
appropriations bill or continuing resolution; or
(B) the debt of the United States Government is
greater than the statutory limit under section 3101 of
title 31, United States Code.
SEC. 4. JURISDICTION.
(a) Jurisdiction.--This Act shall apply to--
(1) the United States;
(2) each of the States, including each political
subdivision of a State; and
(3) all territory that is subject to the jurisdiction of
the United States.
(b) Applicability to Proceedings.--This Act--
(1) shall apply to any judicial or administrative
proceeding that is commenced in any court or agency in any
jurisdiction that is subject to this Act; and
(2) shall not apply to criminal proceedings or with respect
to child support payments.
(c) Court in Which Application May Be Made.--When, under this Act,
any application is required to be made to a court in which no
proceeding has already been commenced with respect to a matter, that
application may be made to any court that would otherwise have
jurisdiction over the matter.
(d) Notification.--
(1) In general.--The head of the Government agency that
employs a Federal worker, or at which a Federal worker performs
services, as applicable, shall provide the Federal worker with
written notice regarding the benefits provided under this Act--
(A) on the date on which the individual becomes a
Federal worker; and
(B) periodically after the date described in
subparagraph (A), including on the date on which any
shutdown begins.
(2) Legislative and judicial branch.--With respect to a
Federal worker in a Government agency in the legislative branch
or judicial branch, (or, in the case of a Federal worker who is
an employee of a contractor, who provides services at a
Government agency in the legislative branch or judicial
branch), the officer or employee at the Government agency who
has the final authority to appoint, hire, discharge, and set
the terms, conditions, or privileges of the employment of the
Federal worker shall provide the notice required under
paragraph (1).
SEC. 5. ANTICIPATORY RELIEF.
A Federal worker who is furloughed or required to work without pay
during a shutdown may apply to a court for a temporary stay,
postponement, or suspension with respect to any payment of rent,
mortgage, tax, fine, penalty, insurance premium, student loan
repayment, or other civil obligation or liability that the Federal
worker or individual, as applicable, owes or would owe during the
duration of the shutdown.
SEC. 6. EVICTIONS.
(a) Court-Ordered Eviction.--Except by the order of a court, a
landlord may not, during a shutdown--
(1) evict a Federal worker from premises that are occupied
or intended to be occupied primarily as a residence; or
(2) subject premises described in paragraph (1) to a
distress.
(b) Stay of Execution.--
(1) Court authority.--Upon an application for eviction or
distress with respect to premises described in subsection
(a)(1), a court may, upon motion of the court, and shall, if a
request is made by or on behalf of a Federal worker, the
ability of whom to pay the rent that is the subject of the
action is materially affected by a shutdown--
(A) stay the proceedings for a period of 30 days,
unless, in the opinion of the court, justice and equity
require a longer or shorter period of time; or
(B) adjust the obligation under the lease to
preserve the interests of all parties.
(2) Relief to landlord.--If a court grants a stay under
paragraph (1), the court may grant to the landlord (or other
person with paramount title) such relief as equity may require.
(c) Misdemeanor.--Except as provided in subsection (a), a person
that knowingly takes part in an eviction or distress described in that
subsection, or that knowingly attempts to take part in an eviction or
distress described in that subsection, shall be fined as provided in
title 18, United States Code, or imprisoned for not more than 1 year,
or both.
SEC. 7. MORTGAGE PROTECTION AND FORECLOSURES.
(a) Definition.--In this section, the term ``covered action'' means
an action relating to an obligation--
(1) with respect to real or personal property owned by a
Federal worker; and
(2) that--
(A) originated before the date on which a shutdown
begins;
(B) is in effect on the date on which a shutdown
begins; and
(C) is secured by a mortgage, trust deed, or other
security in the nature of a mortgage.
(b) Stay of Proceedings and Adjustment of Obligation.--If a covered
action is filed in a court during a covered period, the court may,
after a hearing and upon the motion of the court, and shall, upon
application by the Federal worker if the ability of the Federal worker
to comply with the covered obligation is materially affected by the
shutdown--
(1) stay the proceedings for a period of time as justice
and equity require; or
(2) adjust the obligation to preserve the interests of all
parties.
(c) Sale or Foreclosure.--A sale, foreclosure, or seizure of
property for a breach of an obligation described in subsection (a) by a
Federal worker shall not be valid if made during a covered period
except upon the order of a court that is granted before that sale,
foreclosure, or seizure, as applicable, with a return made and approved
by the court.
(d) Misdemeanor.--A person that knowingly makes or causes to be
made a sale, foreclosure, or seizure of property that is prohibited
under subsection (c), or that knowingly attempts to make or cause to be
made a sale, foreclosure, or seizure of property that is prohibited
under that subsection, shall be fined as provided in title 18, United
States Code, or imprisoned for not more than 1 year, or both.
SEC. 8. LIENS.
(a) Liens.--
(1) Definition.--In this subsection, the term ``lien''
includes--
(A) a lien--
(i) for storage, repair, or cleaning of the
property or effects of a Federal worker; and
(ii) on the property or effects described
in clause (i) for any reason other than a
reason described in that clause; and
(B) a loan that a Federal worker has obtained with
respect to a motor vehicle.
(2) Limitation on foreclosure or enforcement.--A person
holding a lien on the property or effects of a Federal worker
may not, during a covered period, foreclose on or enforce that
lien without the order of a court that was issued before the
date on which that foreclosure or enforcement occurs.
(b) Stay of Proceedings.--In a proceeding to foreclose on or
enforce a lien that is subject to this section, a court may, upon the
motion of the court, and shall, if requested by a Federal worker, the
ability of whom to comply with the obligation resulting in the
proceeding is materially affected by a shutdown--
(1) stay the proceeding for a period of time as justice and
equity require; or
(2) adjust the obligation to preserve the interests of all
parties.
(c) Misdemeanor.--A person that knowingly takes an action that
violates this section, or attempts to take an action that violates this
section, shall be fined as provided in title 18, United States Code, or
imprisoned for not more than 1 year, or both.
SEC. 9. STUDENT LOANS.
(a) Definition of Student Loan.--In this section, the term
``student loan'' means the following:
(1) A loan made, insured, or guaranteed under title IV of
the Higher Education Act of 1965 (20 U.S.C. 1070 et seq.),
including any Federal Direct Stafford Loan, Federal Direct
Unsubsidized Stafford Loan, Federal Direct PLUS Loan, or
Federal Direct Consolidation Loan.
(2) A private education loan, as such term is defined in
section 140(a) of the Truth in Lending Act (15 U.S.C. 1650(a)).
(b) Application to Student Loans.--This section shall apply to any
situation in which--
(1) the student loan payment of a Federal worker falls due
or remains unpaid during a shutdown; and
(2) during the shutdown described in paragraph (1), the
Federal worker described in that paragraph has been furloughed
or required to work without pay.
(c) Deferment Eligibility.--During a covered period, a Federal
worker shall be eligible for deferment, during which, with respect to a
student loan, periodic installments of principal need not be paid and
interest shall not accrue.
(d) Limitation on Defaults.--If the student loan payment of a
Federal worker falls due and remains unpaid during a shutdown, the
lender with respect to the student loan may not place the loan in
default without the order of a court.
(e) Limitation on Collections.--If the student loan of a Federal
worker has been placed in default before the date on which a shutdown
begins, the lender with respect to the student loan may not, without
the order of a court, perform any of the following activities during
the covered period with respect to the shutdown:
(1) Send the student loan to collection.
(2) Report adverse information with respect to the Federal
worker to a consumer reporting agency.
(3) Garnish wages, tax refunds, or government benefits.
(f) Court Stay.--In a proceeding to collect a student loan payment
that is subject to this section, a court may, upon the motion of the
court, and shall, if requested by a Federal worker whose ability to
comply with the obligation resulting in the proceeding is materially
affected by a shutdown--
(1) stay the proceeding for a period of time as justice and
equity require; or
(2) adjust the obligation to preserve the interests of all
parties.
(g) Misdemeanor.--A person that knowingly violates this section, or
attempts to violate this section, shall be fined as provided in title
18, United States Code, or imprisoned for not more than 1 year, or
both.
SEC. 10. INCOME TAXES.
(a) Deferral of Tax.--Upon notice to the Internal Revenue Service,
the collection of Federal income tax on the income of a Federal worker
falling due during a shutdown shall be deferred for a period of not
more than 90 days after the date on which the shutdown ends if the
ability of the Federal worker to pay the income tax is materially
affected by the shutdown.
(b) Accrual of Interest or Penalty.--No interest or penalty shall
accrue during the period of deferment under subsection (a) by reason of
nonpayment on any amount of tax deferred under this section.
(c) Statute of Limitations.--The running of a statute of
limitations against the collection of tax deferred under this section,
by seizure or otherwise, shall be suspended for the covered period with
respect to the shutdown to which the collection applies.
(d) Application Limitation.--This section shall not apply to the
tax imposed on employees under section 3101 of the Internal Revenue
Code of 1986.
SEC. 11. INSURANCE PROTECTION.
(a) Definition.--In this section, the term ``covered insurance
policy'' means a policy--
(1) for--
(A) health insurance;
(B) life insurance;
(C) disability insurance; or
(D) motor vehicle insurance; and
(2) that--
(A) a Federal worker enters into before the date on
which a shutdown begins; and
(B) is in effect during a shutdown.
(b) Insurance Protection.--Without the order of a court, a covered
insurance policy shall not lapse or otherwise terminate or be forfeited
because a Federal worker does not pay a premium, or interest or
indebtedness on a premium, under the policy that is due during a
covered period with respect to a shutdown.
SEC. 12. PROTECTION OF RIGHTS.
(a) Exercise of Rights Under Chapter Not To Affect Certain Future
Financial Transactions.--An application by a Federal worker for, or the
receipt by a Federal worker of, a stay, postponement, or suspension
under this Act with respect to the payment of a fine, penalty,
insurance premium, or other civil obligation or liability of that
Federal worker shall not itself (without regard to other
considerations) provide the basis for any of the following:
(1) A determination by a lender or other person that the
Federal worker is unable to pay the civil obligation or
liability, as applicable, in accordance with the terms of the
obligation or liability.
(2) With respect to a credit transaction between a creditor
and the Federal worker--
(A) a denial or revocation of credit by the
creditor;
(B) a change by the creditor in the terms of an
existing credit arrangement; or
(C) a refusal by the creditor to grant credit to
the Federal worker in substantially the amount or on
substantially the terms requested.
(3) An adverse report relating to the creditworthiness of
the Federal worker by or to a person engaged in the practice of
assembling or evaluating consumer credit information.
(4) A refusal by an insurer to insure the Federal worker.
(5) A change in the terms offered or conditions required
for the issuance of insurance.
(b) Reduction or Waiver of Fines or Penalties.--If a Federal worker
fails to perform an obligation arising under a contract and a penalty
is incurred arising from that nonperformance, a court may reduce or
waive the fine or penalty if--
(1) the Federal worker was furloughed or required to work
without pay during a shutdown on the date on which the fine or
penalty was incurred; and
(2) the ability of the Federal worker to perform the
obligation was materially affected by the shutdown described in
paragraph (1).
(c) Court Action Upon Material Affect Determination.--If a court
determines that a Federal worker is materially affected by a shutdown
in complying with a judgment or an order of a court, the court may,
upon the motion of the court, and shall, on application by the Federal
worker--
(1) stay the execution of any judgment or order entered
against the Federal worker; and
(2) vacate or stay an attachment or garnishment of
property, money, or debts in the possession of the Federal
worker or a third party, whether before or after the entry of a
judgment.
(d) Dependents.--Upon application to a court, a dependent of a
Federal worker is entitled to the protections under this Act if the
ability of the dependent to comply with a lease, contract, bailment, or
other obligation is materially affected by reason of the impact of a
shutdown on the Federal worker.
SEC. 13. ENFORCEMENT.
(a) Civil Action.--The Attorney General may commence a civil action
in any appropriate district court of the United States against any
person that engages in--
(1) a pattern or practice of violating this Act; or
(2) a violation of this Act that raises an issue of
significant public importance.
(b) Relief.--In a civil action commenced under subsection (a), a
court may--
(1) grant any appropriate equitable or declaratory relief
with respect to the violation of this Act;
(2) award all other appropriate relief, including monetary
damages, to any person aggrieved by the violation described in
paragraph (1); and
(3) to vindicate the public interest, assess a civil
penalty--
(A) in an amount that is not more than $55,000 for
a first violation; and
(B) in an amount that is not more than $110,000 for
any subsequent violation.
(c) Intervention.--Upon timely application, a person that is
aggrieved by a violation of this Act with respect to which a civil
action is commenced under subsection (a) may--
(1) intervene in the action; and
(2) obtain such appropriate relief as the person could
obtain in a civil action under subsection (d) with respect to
that violation, along with costs and a reasonable attorney fee.
(d) Private Right of Action.--Any person that, after the date of
enactment of this Act, is aggrieved by a violation of this Act may, in
a civil action--
(1) obtain any appropriate equitable or declaratory relief
with respect to the violation; and
(2) recover all other appropriate relief, including
monetary damages.
(e) Costs and Attorney Fees.--A court may award to a person
aggrieved by a violation of this Act that prevails in an action brought
under subsection (d) the costs of the action, including a reasonable
attorney fee.
(f) No Preemption.--Nothing in this section may be construed to
preclude or limit any remedy otherwise available under other law,
including consequential and punitive damages.
<all>
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|
118S641
|
FREEBIRD Act
|
[
[
"L000577",
"Sen. Lee, Mike [R-UT]",
"sponsor"
],
[
"M001198",
"Sen. Marshall, Roger [R-KS]",
"cosponsor"
],
[
"D000618",
"Sen. Daines, Steve [R-MT]",
"cosponsor"
],
[
"R000595",
"Sen. Rubio, Marco [R-FL]",
"cosponsor"
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[
"S001217",
"Sen. Scott, Rick [R-FL]",
"cosponsor"
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"Sen. Ricketts, Pete [R-NE]",
"cosponsor"
],
[
"L000571",
"Sen. Lummis, Cynthia M. [R-WY]",
"cosponsor"
],
[
"B001310",
"Sen. Braun, Mike [R-IN]",
"cosponsor"
]
] |
<p><b>Fair Removal of Existing and Enforced Bans on Immunization Relating to Destination Act or the FREEBIRD Act</b></p> <p>This bill nullifies the order issued by the Centers for Disease Control and Prevention (CDC) titled <i>Amended Order Implementing Presidential Proclamation on Advancing the Safe Resumption of Global Travel During the COVID-19 Pandemic</i> and published on April 7, 2022. (The order restricts the entry of noncitizens who are not immigrants into the United States by air travel unless they are fully vaccinated against COVID-19 or otherwise attest that they will take public health measures to prevent the spread of the disease.)</p> <p>The bill also nullifies any successor or subsequent orders that require foreign persons traveling by air to show proof of a COVID-19 vaccination as a condition of entry and prohibits the use of federal funds to administer or enforce such a requirement. However, the bill does not affect the CDC order published on January 5, 2023, that governs COVID-19 testing or documentation of COVID-19 recovery for certain individuals traveling from China to the United States by aircraft.</p> <p>In addition, the CDC must report to Congress about the number of visitors who were denied entry into the United States from April 7, 2022, until the date of the bill's enactment.</p>
|
<html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 641 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 641
To terminate the requirement imposed by the Director of the Centers for
Disease Control and Prevention for proof of COVID-19 vaccination for
foreign travelers, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
March 2, 2023
Mr. Lee (for himself, Mr. Marshall, Mr. Daines, Mr. Rubio, Mr. Scott of
Florida, Mr. Ricketts, and Ms. Lummis) introduced the following bill;
which was read twice and referred to the Committee on Health,
Education, Labor, and Pensions
_______________________________________________________________________
A BILL
To terminate the requirement imposed by the Director of the Centers for
Disease Control and Prevention for proof of COVID-19 vaccination for
foreign travelers, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Fair Removal of Existing and
Enforced Bans on Immunization Relating to Destination Act'' or the
``FREEBIRD Act''.
SEC. 2. TERMINATING CDC REQUIREMENT FOR PROOF OF COVID-19 VACCINATION
FOR FOREIGN TRAVELERS.
(a) In General.--Beginning on the date of the enactment of this
Act, the air travel vaccination requirement for foreign travelers shall
have no force or effect.
(b) Prohibition on Funding.--Beginning on the date of the enactment
of this Act, no Federal funds may be used to administer, implement, or
enforce the air travel vaccination requirement for foreign travelers.
(c) Air Travel Vaccination Requirement for Foreign Travelers.--In
this Act, the term ``air travel vaccination requirement for foreign
travelers'' refers to the requirement specified in--
(1) the order issued by the Director of the Centers for
Disease Control and Prevention entitled ``Amended Order
Implementing Presidential Proclamation on Advancing the Safe
Resumption of Global Travel During the COVID-19 Pandemic'' and
published in the Federal Register on April 7, 2022 (87 Fed.
Reg. 20405 et seq.), for proof of COVID-19 vaccination for air
travelers who are covered individuals (as defined in such
order); or
(2) any successor or subsequent order of the Centers for
Disease Control and Prevention requiring foreign persons
traveling by air to show proof of COVID-19 vaccination as a
condition on entering the United States.
SEC. 3. REPORT.
Not later than 90 days after the date of the enactment of this Act,
the Director of the Centers for Disease Control and Prevention shall
submit a report to Congress on the number of visitors denied entry
under the order specified in section 2(c)(1) during the period
beginning on April 7, 2022, and ending on the date of the enactment of
this Act.
SEC. 4. RULE OF CONSTRUCTION.
Nothing in this Act may be construed to suggest that the provisions
of section 2 shall effect the order issued by the Director of the
Centers for Disease Control and Prevention entitled ``Requirements for
Negative Pre-Departure COVID-19 Test Results or Documentation of
Recovery from COVID-19 for Aircraft Passengers Traveling to the United
States From the People's Republic of China'' and published in the
Federal Register on January 5, 2023 (88 Fed. Reg. 864) for proof of
negative pre-departure COVID-19 test results or documentation of
recovery from COVID-19 for aircraft passengers traveling to the United
States from the People's Republic of China or departing from a
designated airport (as defined in such order) if such passenger has
been in the People's Republic of China within the 10 days prior to
departure for the United States.
<all>
</pre></body></html>
|
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118S642
|
Finn Sawyer Access to Cancer Testing Act
|
[
[
"K000367",
"Sen. Klobuchar, Amy [D-MN]",
"sponsor"
],
[
"W000437",
"Sen. Wicker, Roger F. [R-MS]",
"cosponsor"
]
] |
<p><b>Finn Sawyer Access to Cancer Testing Act</b></p> <p>This bill provides for coverage of certain cancer diagnostic and laboratory tests under Medicare, Medicaid, and the Children's Health Insurance Program (CHIP). Specifically, the bill provides for coverage of microarray analysis, DNA and RNA sequencing, whole-exome sequencing, and other next-generation sequencing for individuals diagnosed with cancer.</p> <p>Additionally, the Department of Health and Human Services must establish an education and awareness program for physicians and the public about genomic testing and the role of genetic counselors.</p>
|
<html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 642 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 642
To facilitate the development of treatments for cancers, and for other
purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
March 2, 2023
Ms. Klobuchar (for herself and Mr. Wicker) introduced the following
bill; which was read twice and referred to the Committee on Finance
_______________________________________________________________________
A BILL
To facilitate the development of treatments for cancers, and for other
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 ``Finn Sawyer Access to Cancer Testing
Act''.
SEC. 2. COVERAGE OF CANCER DIAGNOSTIC AND LABORATORY TESTS.
(a) Medicare.--
(1) Coverage.--Section 1861 of the Social Security Act (42
U.S.C. 1395x) is amended--
(A) in subsection (s)(2)--
(i) in subparagraph (II), by striking
``and'' at the end;
(ii) in subparagraph (JJ), by adding
``and'' at the end; and
(iii) by adding at the end the following
new subparagraph:
``(KK) cancer diagnostic and laboratory tests (as defined
in subsection (nnn)) furnished on or after the date that is 6
months after the date of the enactment of this subparagraph.'';
and
(B) by adding at the end the following new
subsection:
``(nnn) Cancer Diagnostic and Laboratory Tests.--
``(1) In general.--The term `cancer diagnostic and
laboratory tests' means--
``(A) microarray analysis, DNA sequencing, RNA
sequencing, whole-exome sequencing, and other forms of
next-generation sequencing furnished and reported by a
clinical laboratory (as defined in section 353(a) of
the Public Health Service Act); and
``(B) explanation and interpretation of any
analysis or sequencing described in subparagraph (A);
furnished to an individual diagnosed with cancer.
``(2) Frequency.--When an individual test as described in
paragraph (1) reports out the same genetic content, it may only
be furnished with respect to an individual diagnosed with a
cancer--
``(A) once upon the diagnosis of such cancer;
``(B) once upon any recurrence of such cancer; and
``(C) as necessary for purposes of planning
treatment or monitoring the progression of such cancer
or the response of such cancer to treatment.''.
(2) Payment.--Section 1833 of the Social Security Act (42
U.S.C. 1395l) is amended--
(A) in subsection (a)(1)--
(i) by striking ``and'' before ``(HH)'';
and
(ii) by inserting the following before the
semicolon: ``, and (II) with respect to cancer
diagnostic and laboratory tests (as defined in
section 1861(nnn)), the amount paid shall be an
amount equal to 80 percent (or 100 percent, in
the case of such tests for which payment is
made on an assignment-related basis) of the
lesser of the actual charge for the test or the
amount that would have been determined for such
test under section 1834A had such test been a
clinical diagnostic laboratory test;''; and
(B) in subsection (b)--
(i) by striking ``, and (13)'' and
inserting ``(13)''; and
(ii) by striking ``1861(n).'' and inserting
``section 1861(n), and (14) such deductible
shall not apply with respect to cancer
diagnostic and laboratory tests (as defined in
section 1861(nnn))''.
(3) Exclusion modification.--Section 1862(a)(1) of the
Social Security Act (42 U.S.C. 1395y(a)(1)) is amended--
(A) in subparagraph (O), by striking ``and'' at the
end;
(B) in subparagraph (P), by striking the semicolon
and inserting ``, and''; and
(C) by adding at the end the following new
subparagraph:
``(Q) in the case of cancer diagnostic and laboratory tests
(as defined in section 1861(nnn)), which are performed more
frequently than is covered under such section;''.
(b) Medicaid.--
(1) Inclusion as medical assistance.--Section 1905(a) of
the Social Security Act (42 U.S.C. 1396d(a)) is amended--
(A) in paragraph (30), by striking ``and'' at the
end;
(B) by redesignating paragraph (31) as paragraph
(32); and
(C) by inserting after paragraph (30) the following
new paragraph:
``(31) cancer diagnostic and laboratory tests (as defined
in section 1861(nnn)); and''.
(2) Mandatory coverage.--Section 1902(a)(10)(A) of such Act
is amended, in the matter preceding clause (i), by striking
``and (30)'' and inserting ``(30), and (31)''.
(3) Inclusion in benchmark coverage.--Section 1937(b)(5) of
such Act is amended by inserting before the period at the end
the following: ``, and beginning January 1, 2025, coverage of
cancer diagnostic and laboratory tests (as defined in section
1861(nnn))''.
(4) Conforming amendments.--Title XIX of the Social
Security Act (42 U.S.C. 1396 et seq.) is amended--
(A) in section 1902(nn)(3), by striking ``paragraph
(30) of section 1905(a)'' and inserting ``the last
numbered paragraph of the first sentence of section
1905(a)''; and
(B) in section 1905(a), in the 4th sentence in the
flush matter following the last numbered paragraph of
the first sentence of such section, by striking
``paragraph (30)'' and inserting ``the last numbered
paragraph''.
(5) Effective date.--
(A) In general.--The amendments made by this
section shall apply with respect to items and services
furnished on or after January 1, 2025.
(B) Exemption for state legislation.--In the case
of a State plan under title XIX of the Social Security
Act (42 U.S.C. 1396 et seq.), or waiver of such plan,
that the Secretary of Health and Human Services
determines requires State legislation in order for the
respective plan to meet any requirement imposed by
amendments made by this section, the respective plan
shall not be regarded as failing to comply with the
requirements of such title solely on the basis of its
failure to meet such an additional requirement before
the first day of the first calendar quarter beginning
after the close of the first regular session of the
State legislature that begins after the date of the
enactment of this Act. For purposes of the previous
sentence, in the case of a State that has a 2-year
legislative session, each year of the session shall be
considered to be a separate regular session of the
State legislature.
(c) CHIP.--Section 2103(c) of the Social Security Act (42 U.S.C.
1397cc(c)), as amended by section 11405(b)(1) of Public Law 117-169, is
amended by adding at the end the following new paragraph:
``(13) Coverage of cancer diagnostic and laboratory
tests.--Regardless of the type of coverage elected by a State
under subsection (a), beginning January 1, 2025, child health
assistance provided under such coverage for targeted low-income
children and, in the case that the State elects to provide
pregnancy-related assistance under such coverage pursuant to
section 2112, such pregnancy-related assistance for targeted
low-income pregnant women (as defined in section 2112(d)),
shall include coverage of cancer diagnostic and laboratory
tests (as defined in section 1861(nnn)).''.
SEC. 3. EDUCATION AND AWARENESS PROGRAM ON GENOMIC TESTING.
(a) In General.--The Secretary of Health and Human Services, in
coordination with the Director of the National Human Genome Research
Institute, shall carry out an education and awareness program for
physicians and the general public on what genomic testing is, how can
be used, and the role of genetic counselors.
(b) Cancer and Molecular Diagnostics.--The education and awareness
program under subsection (a) shall encourage the inclusion in graduate
medical education and continuing medical education (including for
specialty oncology services) of education and training on the
importance of molecular diagnostics at diagnosis and reoccurrence of
cancer to detect mutations.
<all>
</pre></body></html>
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118S643
|
Farm Fresh Food for Families Act of 2023
|
[
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"sponsor"
],
[
"E000295",
"Sen. Ernst, Joni [R-IA]",
"cosponsor"
]
] |
<html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 643 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 643
To amend the Child Nutrition Act of 1966 to modernize the farmers'
market nutrition program under the special supplemental nutrition
program for women, infants, and children, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
March 2, 2023
Mr. Ossoff (for himself and Ms. Ernst) introduced the following bill;
which was read twice and referred to the Committee on Agriculture,
Nutrition, and Forestry
_______________________________________________________________________
A BILL
To amend the Child Nutrition Act of 1966 to modernize the farmers'
market nutrition program under the special supplemental nutrition
program for women, infants, and children, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Farm Fresh Food for Families Act of
2023''.
SEC. 2. WIC FARMERS' MARKET NUTRITION PROGRAM.
(a) In General.--Section 17(m) of the Child Nutrition Act of 1966
(42 U.S.C. 1786(m)) is amended--
(1) by striking ``coupon'' each place it appears and
inserting ``food instrument'';
(2) by striking ``coupons'' each place it appears and
inserting ``food instruments'';
(3) by striking ``(m)(1) Subject to'' and inserting the
following:
``(m) Farmers' Market Nutrition Program.--
``(1) In general.--Subject to'';
(4) in paragraph (1), by striking ``markets'' and all that
follows through ``roadside stands'' and inserting ``markets,
roadside stands (at the option of a State), and community
supported agriculture programs (at the option of a State)'';
(5) by striking paragraph (3);
(6) by redesignating paragraphs (4) through (10) as
paragraphs (3) through (9), respectively, and indenting the
paragraphs, and the subparagraphs, clauses, and subclauses
within those paragraphs, in accordance with the margin of
paragraph (1) (as so amended);
(7) in paragraph (4) (as so redesignated)--
(A) in the matter preceding subparagraph (A), by
striking ``(4) Each State'' and inserting the
following:
``(4) Program requirements.--Each State'';
(B) in subparagraph (B), by striking ``funds--'' in
the matter preceding clause (i) and all that follows
through the period at the end of clause (ii) and
inserting ``funds provided under the grant.'';
(C) in subparagraph (C), by striking ``be--'' in
the matter preceding clause (i) and all that follows
through the period at the end of clause (ii) and
inserting ``be less than $20 per year.'';
(D) in subparagraph (E)--
(i) in clause (i), by inserting ``,
farmers' markets, and community supported
agriculture programs'' after ``producers''; and
(ii) in clause (ii), by striking ``only to
purchase'' and inserting the following:
``only--
``(I) for a scrip, as defined by
the Secretary, to exchange for fresh
nutritious unprepared foods for human
consumption; or
``(II) to purchase''; and
(E) in subparagraph (F)--
(i) in clause (ii)--
(I) by striking ``2 percent'' and
inserting ``3 percent''; and
(II) by inserting ``, including
efforts to develop efficient and
appropriate electronic benefit
systems,'' after ``technical
assistance''; and
(ii) in clause (iii), by striking
``contribute'' and all that follows through the
period at the end and inserting
``contribute.'';
(8) in paragraph (5)(B)(i) (as so redesignated), by
striking ``if a State provides the amount of matching funds
required under paragraph (3), the'' and inserting ``a'';
(9) in paragraph (8)(A) (as so redesignated), by striking
``2015'' and inserting ``2029''; and
(10) in paragraph (9) (as so redesignated)--
(A) by striking subparagraph (A);
(B) by redesignating subparagraphs (B) through (D)
as subparagraphs (C) through (E), respectively;
(C) by inserting before subparagraph (C) (as so
redesignated) the following:
``(A) Community supported agriculture program.--The
term `community supported agriculture program' means a
program under which--
``(i) a farmer or group of farmers grows
food for a group of shareholders or
subscribers, who pledge to buy a portion of the
1 or more crops grown by the farmer or group
for that season; and
``(ii) a State agency may purchase shares
or subscribe to the community supported
agriculture program on behalf of individual
farmers' market nutrition program participants.
``(B) Food instrument.--The term `food instrument'
means a coupon, voucher, electronic benefit transfer
card, electronic benefit access device or technology,
or other negotiable financial instrument that is used
to obtain food benefits under this section.''; and
(D) in each of subparagraphs (C) through (E) (as so
redesignated), by inserting after the subparagraph
designation a heading, the text of which comprises the
term defined in that subparagraph.
(b) Technical and Conforming Amendments.--Section 17(m) of the
Child Nutrition Act of 1966 (42 U.S.C. 1786(m)) is amended--
(1) by striking ``paragraph (6)'' each place it appears and
inserting ``paragraph (5)''; and
(2) in paragraph (5) (as redesignated by subsection
(a)(6))--
(A) in subparagraph (B)(ii), by striking
``paragraph (10)'' and inserting ``paragraph (8)'';
(B) in subparagraph (C)(iv), by striking
``subparagraph (G)(i)'' each place it appears and
inserting ``subparagraph (F)(i)'';
(C) in subparagraph (D)(ii)(II), by striking
``paragraph (5)'' and inserting ``paragraph (4)''; and
(D) in subparagraph (F)(iii), by striking
``paragraph (10)(B)(ii)'' and inserting ``paragraph
(8)(B)(ii)''.
<all>
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|
118S644
|
Modernizing Opioid Treatment Access Act
|
[
[
"M000133",
"Sen. Markey, Edward J. [D-MA]",
"sponsor"
],
[
"P000603",
"Sen. Paul, Rand [R-KY]",
"cosponsor"
],
[
"S000033",
"Sen. Sanders, Bernard [I-VT]",
"cosponsor"
],
[
"B001310",
"Sen. Braun, Mike [R-IN]",
"cosponsor"
],
[
"B001288",
"Sen. Booker, Cory A. [D-NJ]",
"cosponsor"
],
[
"H001076",
"Sen. Hassan, Margaret Wood [D-NH]",
"cosponsor"
]
] |
<p><b>Modernizing Opioid Treatment Access Act</b></p> <p>This bill expands access to methadone for an individual's unsupervised use to treat opioid use disorder (OUD). (Typically, methadone must be dispensed to individuals in person through opioid treatment programs.)</p> <p>The bill (1) waives provisions of the Controlled Substances Act that require qualified practitioners to obtain a separate registration from the Drug Enforcement Administration (DEA) to prescribe and dispense methadone to treat OUD, and (2) requires the Substance Abuse and Mental Health Services Administration and the DEA to jointly report on the waiver.</p> <p>Additionally, the bill directs the DEA to register certain practitioners to prescribe methadone that is dispensed through a pharmacy for an individual's unsupervised use. Qualified practitioners must be licensed or authorized to prescribe controlled substances, and they must either work for an opioid treatment program or be a physician or psychiatrist with a specialty certification in addiction medicine. A state may request that the DEA stop registering such practitioners in its jurisdiction.</p> <p>Individuals who receive methadone for unsupervised use must continue to have access to other care through an opioid treatment program.</p> <p>For purposes of the waiver, the bill also requires the exclusive use of electronic prescribing, establishes prescription limits, and sets out requirements for informed consent. Further, the bill permits the use of telehealth to provide methadone treatment and related services if the state and the Department of Health and Human Services jointly determine the use is feasible and appropriate.</p>
|
<html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 644 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 644
To expand the take-home prescribing of methadone through pharmacies.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
March 2, 2023
Mr. Markey (for himself, Mr. Paul, Mr. Sanders, Mr. Braun, Mr. Booker,
and Ms. Hassan) introduced the following bill; which was read twice and
referred to the Committee on Health, Education, Labor, and Pensions
_______________________________________________________________________
A BILL
To expand the take-home prescribing of methadone through pharmacies.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Modernizing Opioid Treatment Access
Act''.
SEC. 2. EXPANSION OF METHADONE FOR OPIOID USE DISORDER THROUGH
PRESCRIBING AND PHARMACIES.
(a) Registration; Other Care by Telehealth.--
(1) Definitions.--In this subsection:
(A) Controlled substance; detoxification treatment;
dispense; maintenance treatment; opioid.--The terms
``controlled substance'', ``detoxification treatment'',
``dispense'', ``maintenance treatment'', and ``opioid''
have the meanings given the terms in section 102 of the
Controlled Substances Act (21 U.S.C. 802).
(B) Secretary.--The term ``Secretary'' means the
Secretary of Health and Human Services.
(2) Waiver.--
(A) In general.--The requirements of section 303(h)
of Controlled Substances Act (21 U.S.C. 823(h))
applicable to methadone medication for opioid use
disorder are waived, and the Attorney General, in
consultation with the Secretary, shall register persons
described in subparagraph (B) to prescribe methadone
for opioid use disorder to be dispensed through a
pharmacy for individuals for unsupervised use.
(B) Persons described.--Persons described in this
subparagraph are persons who--
(i) are licensed, registered, or otherwise
permitted, by the United States or the
jurisdiction in which they practice, to
prescribe controlled substances in the course
of professional practice; and
(ii) are--
(I) employees or contractors of an
opioid treatment program; or
(II) addiction medicine physicians
or addiction psychiatrists who hold a
subspecialty board certification in
addiction medicine from the American
Board of Preventive Medicine, a board
certification in addiction medicine
from the American Board of Addiction
Medicine, a subspecialty board
certification in addiction psychiatry
from the American Board of Psychiatry
and Neurology, or a subspecialty board
certification in addiction medicine
from the American Osteopathic
Association.
(C) Requirements for prescribing methadone.--The
prescribing of methadone pursuant to subparagraph (A)
shall be--
(i) exclusively by electronic prescribing
and dispensed to the patient treated pursuant
to subparagraph (A);
(ii) for a supply of not more than 30 days
pursuant to each prescription; and
(iii) subject to the restrictions listed in
section 8.12(i)(3) of title 42, Code of Federal
Regulations, or successor regulation or
guidance.
(D) Requirements for dispensing methadone.--The
dispensing of methadone to an individual pursuant to
subparagraph (A) shall be in addition to the other care
that the individual continues to have access to through
an opioid treatment program.
(E) Registration requirements.--Persons registered
in a State pursuant to subparagraph (A) shall--
(i) ensure and document, with respect to
each patient treated pursuant to subparagraph
(A), informed consent to treatment; and
(ii) include in such informed consent,
specific informed consent regarding differences
in confidentiality protections applicable when
dispensing through an opioid treatment program
versus dispensing through a pharmacy pursuant
to subparagraph (A).
(F) Cessation and withdrawal of registration.--At
the request of a State, the Attorney General, in
consultation with the Secretary, shall--
(i) cease registering persons in the State
pursuant to subparagraph (A); and
(ii) withdraw any such registration in
effect for a person in the State.
(G) Maintenance and detoxification treatment.--
Maintenance treatment or detoxification treatment
provided pursuant to subparagraph (A) and other care
provided in conjunction with such treatment, such as
counseling and other ancillary services, may be
provided by means of telehealth, as determined jointly
by the State and the Secretary to be feasible and
appropriate.
(b) Annual Reporting.--Not later than 180 days after the date of
enactment of this Act, and annually thereafter, the Assistant Secretary
for Mental Health and Substance Use and the Administrator of the Drug
Enforcement Administration shall jointly submit a report to Congress
that includes--
(1) the number of persons registered pursuant to subsection
(a);
(2) the number of patients being prescribed methadone
pursuant to subsection (a); and
(3) a list of the States in which persons are registered
pursuant to such subsection (a).
SEC. 3. SENSE OF CONGRESS ON NEED TO REDUCE BARRIERS TO PATIENT CARE
THROUGH OPIOID TREATMENT PROGRAMS.
It is the sense of Congress that--
(1) patients receiving services through opioid treatment
programs face barriers to their care; and
(2) each State should align the regulation of opioid
treatment programs in a manner that is consistent with the
intent of this Act.
<all>
</pre></body></html>
|
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118S645
|
Fighting Post-Traumatic Stress Disorder Act of 2023
|
[
[
"G000386",
"Sen. Grassley, Chuck [R-IA]",
"sponsor"
],
[
"C001088",
"Sen. Coons, Christopher A. [D-DE]",
"cosponsor"
],
[
"Y000064",
"Sen. Young, Todd [R-IN]",
"cosponsor"
],
[
"B000944",
"Sen. Brown, Sherrod [D-OH]",
"cosponsor"
],
[
"H001089",
"Sen. Hawley, Josh [R-MO]",
"cosponsor"
],
[
"H001076",
"Sen. Hassan, Margaret Wood [D-NH]",
"cosponsor"
],
[
"K000393",
"Sen. Kennedy, John [R-LA]",
"cosponsor"
],
[
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"Sen. Feinstein, Dianne [D-CA]",
"cosponsor"
],
[
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"Sen. Blackburn, Marsha [R-TN]",
"cosponsor"
],
[
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"Sen. Blumenthal, Richard [D-CT]",
"cosponsor"
],
[
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"Sen. Ossoff, Jon [D-GA]",
"cosponsor"
],
[
"E000295",
"Sen. Ernst, Joni [R-IA]",
"cosponsor"
],
[
"W000790",
"Sen. Warnock, Raphael G. [D-GA]",
"cosponsor"
]
] |
<p><b>Fighting Post-Traumatic Stress Disorder Act of 2023 </b></p> <p>This bill requires the Office of Community Oriented Policing Services within the Department of Justice to report on one or more proposed programs to make treatment or preventative care available to public safety officers and public safety telecommunicators for job-related post-traumatic stress disorder or acute stress disorder.</p> <p>The report must also include draft legislative language related to each proposed program, as well as the estimated cost for administering each proposed program.</p>
|
<html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 645 Considered and Passed Senate (CPS)]
<DOC>
118th CONGRESS
1st Session
S. 645
To require the Attorney General to propose a program for making
treatment for post-traumatic stress disorder and acute stress disorder
available to public safety officers, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
March 2, 2023
Mr. Grassley (for himself, Mr. Coons, Mr. Young, Mr. Brown, Mr. Hawley,
Ms. Hassan, Mr. Kennedy, Mrs. Feinstein, Mrs. Blackburn, Mr.
Blumenthal, Mr. Ossoff, Ms. Ernst, and Mr. Warnock) introduced the
following bill; which was read twice, considered, read the third time,
and passed
_______________________________________________________________________
A BILL
To require the Attorney General to propose a program for making
treatment for post-traumatic stress disorder and acute stress disorder
available to public safety officers, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Fighting Post-Traumatic Stress
Disorder Act of 2023''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) Public safety officers serve their communities with
bravery and distinction in order to keep their communities
safe.
(2) Public safety officers, including police officers,
firefighters, emergency medical technicians, and 911
dispatchers, are on the front lines of dealing with situations
that are stressful, graphic, harrowing, and life-threatening.
(3) The work of public safety officers puts them at risk
for developing post-traumatic stress disorder and acute stress
disorder.
(4) It is estimated that 30 percent of public safety
officers develop behavioral health conditions at some point in
their lifetimes, including depression and post-traumatic stress
disorder, in comparison to 20 percent of the general population
that develops such conditions.
(5) Victims of post-traumatic stress disorder and acute
stress disorder are at a higher risk of dying by suicide.
(6) Firefighters have been reported to have higher suicide
attempt and ideation rates than the general population.
(7) It is estimated that between 125 and 300 police
officers die by suicide every year.
(8) In 2019, pursuant to section 2(b) of the Law
Enforcement Mental Health and Wellness Act of 2017 (Public Law
115-113; 131 Stat. 2276), the Director of the Office of
Community Oriented Policing Services of the Department of
Justice developed a report (referred to in this section as the
``LEMHWA report'') that expressed that many law enforcement
agencies do not have the capacity or local access to the mental
health professionals necessary for treating their law
enforcement officers.
(9) The LEMHWA report recommended methods for establishing
remote access or regional mental health check programs at the
State or Federal level.
(10) Individual police and fire departments generally do
not have the resources to employ full-time mental health
experts who are able to treat public safety officers with
state-of-the-art techniques for the purpose of treating job-
related post-traumatic stress disorder and acute stress
disorder.
SEC. 3. PROGRAMMING FOR POST-TRAUMATIC STRESS DISORDER.
(a) Definitions.--In this section:
(1) Public safety officer.--The term ``public safety
officer''--
(A) has the meaning given the term in section 1204
of the Omnibus Crime Control and Safe Streets Act of
1968 (34 U.S.C. 10284); and
(B) includes Tribal public safety officers.
(2) Public safety telecommunicator.--The term ``public
safety telecommunicator'' means an individual who--
(A) operates telephone, radio, or other
communication systems to receive and communicate
requests for emergency assistance at 911 public safety
answering points and emergency operations centers;
(B) takes information from the public and other
sources relating to crimes, threats, disturbances, acts
of terrorism, fires, medical emergencies, and other
public safety matters; and
(C) coordinates and provides information to law
enforcement and emergency response personnel.
(b) Report.--Not later than 150 days after the date of enactment of
this Act, the Attorney General, acting through the Director of the
Office of Community Oriented Policing Services of the Department of
Justice, shall submit to the Committee on the Judiciary of the Senate
and the Committee on the Judiciary of the House of Representatives a
report on--
(1) not fewer than 1 proposed program, if the Attorney
General determines it appropriate and feasible to do so, to be
administered by the Department of Justice for making state-of-
the-art treatments or preventative care available to public
safety officers and public safety telecommunicators with regard
to job-related post-traumatic stress disorder or acute stress
disorder by providing public safety officers and public safety
telecommunicators access to evidence-based trauma-informed
care, peer support, counselor services, and family supports for
the purpose of treating or preventing post-traumatic stress
disorder or acute stress disorder;
(2) a draft of any necessary grant conditions required to
ensure that confidentiality is afforded to public safety
officers on account of seeking the care or services described
in paragraph (1) under the proposed program;
(3) how each proposed program described in paragraph (1)
could be most efficiently administered throughout the United
States at the State, Tribal, territorial, and local levels,
taking into account in-person and telehealth capabilities;
(4) a draft of legislative language necessary to authorize
each proposed program described in paragraph (1); and
(5) an estimate of the amount of annual appropriations
necessary for administering each proposed program described in
paragraph (1).
(c) Development.--In developing the report required under
subsection (b), the Attorney General shall consult relevant
stakeholders, including--
(1) Federal, State, Tribal, territorial, and local agencies
employing public safety officers and public safety
telecommunicators; and
(2) non-governmental organizations, international
organizations, academies, or other entities, including
organizations that support the interests of public safety
officers and public safety telecommunicators and the interests
of family members of public safety officers and public safety
telecommunicators.
<all>
</pre></body></html>
|
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118S646
|
Hydrogen for Industry Act of 2023
|
[
[
"C001088",
"Sen. Coons, Christopher A. [D-DE]",
"sponsor"
],
[
"C001056",
"Sen. Cornyn, John [R-TX]",
"cosponsor"
],
[
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[
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],
[
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"Sen. Heinrich, Martin [D-NM]",
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[
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"Sen. Lujan, Ben Ray [D-NM]",
"cosponsor"
],
[
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"Sen. Graham, Lindsey [R-SC]",
"cosponsor"
],
[
"O000174",
"Sen. Ossoff, Jon [D-GA]",
"cosponsor"
]
] |
<html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 646 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 646
To amend the Energy Policy Act of 2005 to establish a Hydrogen
Technologies for Heavy Industry Demonstration Program, and for other
purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
March 2, 2023
Mr. Coons (for himself, Mr. Cornyn, Mr. Hickenlooper, Mr. Cassidy, Mr.
Heinrich, 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 Energy Policy Act of 2005 to establish a Hydrogen
Technologies for Heavy Industry Demonstration Program, and for other
purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Hydrogen for Industry Act of 2023''.
SEC. 2. HYDROGEN TECHNOLOGIES FOR HEAVY INDUSTRY DEMONSTRATION PROGRAM.
(a) Emission Reduction Program.--Subtitle F of title IX of the
Energy Policy Act of 2005 (42 U.S.C. 16291 et seq.) is amended by
adding at the end the following:
``SEC. 969E. HYDROGEN TECHNOLOGIES FOR HEAVY INDUSTRY DEMONSTRATION
PROGRAM.
``(a) Definition of Low-Income or Disadvantaged Community.--The
term `low-income or disadvantaged community' means a community
(including a city, town, county, or reasonably isolated and divisible
segment of a larger municipality) with an annual median household
income that is less than 100 percent of the statewide annual median
household income for the State in which the community is located,
according to the most recent decennial census.
``(b) Program.--Not later than 180 days after the date of enactment
of the Hydrogen for Industry Act of 2023, the Secretary shall establish
a program, to be known as the `Hydrogen Technologies for Heavy Industry
Demonstration Program' (referred to in this section as the `Program'),
under which the Secretary shall provide grants or cooperative
agreements to demonstrate industrial end-use applications of hydrogen
for--
``(1) iron, steel, and metals manufacturing;
``(2) cement manufacturing;
``(3) glass manufacturing;
``(4) ammonia and fertilizer production;
``(5) industrial food processes;
``(6) production of synthetic fuels from hydrogen, such as
with carbon oxides;
``(7) fuel refining, such as biorefining;
``(8) chemical synthesis, such as synthesis of methanol and
ethylene;
``(9) process heaters, including hydrogen combustion with
environmental controls;
``(10) cogeneration to make electricity or heat to support
industrial processes; or
``(11) any other use of hydrogen for heavy industry, as
determined by the Secretary.
``(c) Purpose.--The purpose of the Program is to support the
adoption of hydrogen as an emissions reduction technology for heavy
industry, including in applications where hydrogen is blended with
other fuels or feedstocks.
``(d) Demonstration Projects and Other Authorized Projects.--
``(1) In general.--The Secretary shall provide grants or
cooperative agreements on a competitive basis for commercial-
scale demonstration projects for end-use applications of
hydrogen and other authorized projects, as described in
paragraph (5).
``(2) Amount of grant or cooperative agreement.--The amount
of a grant or cooperative agreement provided to an eligible
entity under this subsection shall be not more than
$400,000,000.
``(3) Application.--An entity seeking a grant or
cooperative agreement to conduct a demonstration project or
other authorized project under this subsection shall submit to
the Secretary an application at such time, in such manner, and
containing such information as the Secretary may require,
including a description of the manner in which the project--
``(A) will contribute to the reduction of
greenhouse gas emissions at the applicable facility;
and
``(B) in the case of a project for industrial end-
use application that already uses hydrogen at scale,
will reduce or avoid emissions of greenhouse gases.
``(4) Selection.--
``(A) Considerations.--In providing a grant or
cooperative agreement under this subsection, the
Secretary shall review each applicant and application
under paragraph (3) with respect to--
``(i) the financial strength of the
applicant;
``(ii) the proposed construction schedule;
``(iii) the market risk of the technology
that the applicant seeks to demonstrate, as
applicable; and
``(iv) the contractor history of the
applicant.
``(B) Priority.--In providing a grant or
cooperative agreement under this subsection, the
Secretary shall give priority to projects that will
provide greater net impact in avoiding or reducing
emissions of greenhouse gases.
``(C) Other considerations.--In providing a grant
or cooperative agreement under this subsection, the
Secretary shall, to the maximum extent practicable,
provide a grant or cooperative agreement for projects
that--
``(i) represent a variety of end uses of
hydrogen;
``(ii) will use at least 50 percent
hydrogen blends by volume;
``(iii) demonstrate existing or planned
regional availability of hydrogen;
``(iv) will generate the greatest benefit
to low-income or disadvantaged communities; and
``(v) will maximize creation or retention
of domestic jobs and provide the highest job
quality.
``(5) Authorized projects.--A grant or cooperative
agreement provided under this subsection may be used--
``(A) to carry out demonstration projects for end
uses of hydrogen;
``(B) to construct a new commercial-scale facility
that will use hydrogen as a fuel or feedstock; or
``(C) to retool, retrofit, or expand an existing
facility determined to be qualified by the Secretary to
enable use of hydrogen as a fuel or feedstock in
industrial end-use applications of hydrogen, including
at multiple points within a larger facility.
``(6) Requirements.--A demonstration project receiving a
grant or cooperative agreement under this subsection shall--
``(A) use technologies that have completed pilot-
scale testing or the equivalent, as determined by the
Secretary;
``(B) on completion, demonstrate hydrogen
technologies used by heavy industry; and
``(C) conduct hydrogen leakage monitoring,
reporting, and verification programs and leak detection
and repair programs.
``(7) Cost sharing.--The non-Federal share of the cost of a
demonstration project carried out using a grant or cooperative
agreement under this subsection shall be not less than 50
percent.
``(8) Engineering and design studies.--The Secretary may
fund front-end engineering and design studies in addition to,
or in advance of, providing a grant or cooperative agreement
for a demonstration project or other authorized project under
this subsection.
``(e) Applicability.--No technology, or level of emission
reduction, shall be treated as adequately demonstrated for purposes of
section 111 of the Clean Air Act (42 U.S.C. 7411), achievable for
purposes of best available control technologies (as defined in section
169 of that Act (42 U.S.C. 7479)), or achievable in practice for
purposes of the terms defined in section 171 of that Act (42 U.S.C.
7501) solely by reason of the identification of that technology or
level of emission reduction in programs established under this Act.
``(f) Authorization of Appropriations.--There is authorized to be
appropriated to the Secretary to carry out the Program $1,200,000,000
for the period of fiscal years 2024 through 2028, to remain available
until expended.''.
(b) Clerical Amendment.--The table of contents of the Energy Policy
Act of 2005 (Public Law 109-58; 119 Stat. 600) is amended by inserting
after the item relating to section 969D the following:
``Sec. 969E. Hydrogen Technologies for Heavy Industry Demonstration
Program.''.
SEC. 3. STUDY.
(a) In General.--Not later than 270 days after the date of
enactment of this Act, the Secretary of Energy, the Secretary of
Commerce, and the Secretary of Transportation shall jointly conduct and
submit to Congress a report describing the results of a study--
(1) to examine the potential for emissions reductions at
industrial facilities through hydrogen applications,
including--
(A) the potential use of levelized cost of carbon
abatement, or a similar metric, in analyzing industrial
uses of hydrogen; and
(B) the feasibility and impact of incorporating
levelized cost of carbon abatement to compare the costs
of technology options to reduce emissions across a
range of industrial applications;
(2) to fully address existing challenges with respect to
ensuring the safe use and handling of hydrogen and hydrogen-
based fuels and blends in industrial systems, including health
and environmental impacts associated with the leakage of
hydrogen and hydrogen carriers;
(3) to identify and evaluate the feasibility, safety, and
best practices of the use of hydrogen and ammonia as industrial
fuel and feedstock, including ways that current procedures,
training, and handoffs with supply chain partners should be
augmented to ensure safety for workers and neighboring
communities;
(4) to examine the feasibility of blending increasing
levels of hydrogen with natural gas to supplement process heat
requirements;
(5) to examine the environmental impacts of hydrogen
combustion in hydrogen-fueled gas turbines as pure hydrogen or
at different ratios if used in blended fuel; and
(6) to identify and evaluate considerations for transport
and storage of hydrogen and hydrogen carriers for use at
industrial facilities.
(b) Requirements.--In conducting the study under subsection (a),
the Secretary of Energy and the Secretary of Commerce shall--
(1) take into account lessons learned from demonstration
projects in other industries and projects in other countries;
and
(2) evaluate the applicability of the lessons described in
paragraph (1) to the use of hydrogen in industrial
applications.
<all>
</pre></body></html>
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118S647
|
Hydrogen for Ports Act of 2023
|
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<html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 647 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 647
To require the Secretary of Transportation to establish a grant program
to support the use of hydrogen- or ammonia-fueled equipment at ports
and to require the Secretary of the department in which the Coast Guard
is operating to conduct a study, together with the Secretary of Energy
and the Secretary of Transportation, regarding the feasibility and
safety of using hydrogen and ammonia as fuels in maritime applications.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
March 2, 2023
Mr. Cornyn (for himself, Mr. Coons, Mr. Cassidy, Mr. Hickenlooper, Ms.
Murkowski, Mr. Heinrich, and Mr. Lujan) introduced the following bill;
which was read twice and referred to the Committee on Commerce,
Science, and Transportation
_______________________________________________________________________
A BILL
To require the Secretary of Transportation to establish a grant program
to support the use of hydrogen- or ammonia-fueled equipment at ports
and to require the Secretary of the department in which the Coast Guard
is operating to conduct a study, together with the Secretary of Energy
and the Secretary of Transportation, regarding the feasibility and
safety of using hydrogen and ammonia as fuels in maritime applications.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Hydrogen for Ports Act of 2023''.
SEC. 2. MARITIME FUEL MODERNIZATION GRANT PROGRAM.
(a) Definitions.--In this section:
(1) Eligible entity.--The term ``eligible entity'' means an
entity described in subsection (d).
(2) Eligible fuel.--The term ``eligible fuel'' means--
(A) hydrogen; or
(B) ammonia.
(3) Low-income or disadvantaged community.--The term ``low-
income or disadvantaged community'' means a community
(including a city, a town, a county, and any reasonably
isolated and divisible segment of a larger municipality) with
an annual median household income that is less than 100 percent
of the statewide annual median household income for the State
in which the community is located, according to the most recent
decennial census.
(4) Program.--The term ``program'' means the program
established under subsection (b).
(5) Secretary.--The term ``Secretary'' means the Secretary
of Transportation.
(6) Tribal government.--The term ``Tribal government''
means the recognized governing body of any Indian or Alaska
Native Tribe, band, nation, pueblo, village, community,
component band, or component reservation, individually
identified (including parenthetically) on the list published
most recently as of the date of enactment of this Act pursuant
to section 104 of the Federally Recognized Indian Tribe List
Act of 1994 (25 U.S.C. 5131).
(b) Establishment of Program.--Not later than 180 days after the
date of enactment of this Act, the Secretary, in coordination with the
Secretary of Energy, shall establish a program under which the
Secretary shall provide grants, on a competitive basis, to eligible
entities for--
(1) the purchase, installation, planning, design, or
construction of, as appropriate--
(A) fuel cell cargo-handling equipment that uses an
eligible fuel;
(B) fuel cell drayage or long-haul trucks that--
(i) use an eligible fuel; and
(ii) are for use at ports;
(C) fuel cell ferries, tugboats, dredging vessels,
container ships, bulk carriers, fuel tankers,
commercial fishing vessels, cruise ships, or other
marine vessels that use an eligible fuel;
(D) fuel cell locomotives that--
(i) use an eligible fuel; and
(ii) are for use at ports;
(E) fuel cell shore power systems that--
(i) use an eligible fuel; and
(ii) are used for ships while docked at
port;
(F) onsite fuel cell power plants that--
(i) use an eligible fuel; and
(ii) are located at port facilities; or
(G) port infrastructure for establishing or
expanding the supply of eligible fuel for import,
export, storage, bunkering, or fueling; and
(2) the training of ship crew and shore personnel--
(A) to safely handle eligible fuel; and
(B) to perform operation and maintenance on
equipment that uses an eligible fuel.
(c) Goals.--The goals of the program shall be--
(1) to demonstrate hydrogen, ammonia, or fuel cell
technologies in maritime and associated logistics applications;
(2) to assist in the development and validation of
technical targets for hydrogen, ammonia, and fuel cell systems
for maritime and associated logistics applications;
(3) to benchmark the conditions required for broad
commercialization of hydrogen, ammonia, and fuel cell
technologies in maritime and associated logistics applications;
(4) to assess the operational and technical considerations
for--
(A) installing, constructing, and using hydrogen-
or ammonia-fueled equipment; and
(B) supporting infrastructure at ports; and
(5) to reduce greenhouse gas emissions and improve air
quality in areas located in and around ports.
(d) Eligible Entities.--
(1) In general.--An entity eligible to receive a grant
under the program is--
(A) a State;
(B) a political subdivision of a State;
(C) a local government;
(D) a public agency or publicly chartered authority
established by 1 or more States;
(E) a special purpose district with a
transportation function;
(F) a Tribal government or a consortium of Tribal
governments;
(G) a port authority for a port;
(H) an Alaska Native or Native Hawaiian entity that
has jurisdiction over a port authority or a port;
(I) a multistate or multijurisdictional group of
entities described in any of subparagraphs (A) through
(H); or
(J) subject to paragraph (2), a private entity or
group of private entities, including the owners or
operators of 1 or more facilities at a port.
(2) Joint eligibility with private entities.--A private
entity or group of private entities is eligible for a grant
under the program if--
(A) the private entity or group of private entities
partners with an entity described in any of
subparagraphs (A) through (I) of paragraph (1) for
purposes of applying for, and carrying out activities
under, the grant; and
(B) the entity described in the applicable
subparagraph of paragraph (1) is the lead entity with
respect to the application and those activities.
(e) Applications.--
(1) In general.--An eligible entity desiring a grant under
the program shall submit to the Secretary an application at
such time, in such manner, and containing such information as
the Secretary may require.
(2) Requirement.--The application of an eligible entity
described in subparagraph (J) of subsection (d)(1) shall be
submitted jointly with an entity described in subparagraphs (A)
through (I) of that subsection.
(f) Considerations.--In providing grants under the program, the
Secretary, to the maximum extent practicable, shall select projects
that--
(1) will generate the greatest benefit to low-income or
disadvantaged communities;
(2) represent a combination of land-side and vessel-side
end-uses of eligible fuel;
(3) maximize the creation or retention of jobs in the
United States; and
(4) provide the highest job quality.
(g) Priority.--In selecting eligible entities to receive grants
under the program, the Secretary shall give priority to projects that
will provide greater net impact in avoiding or reducing emissions of
greenhouse gases.
(h) Leak Detection.--Each eligible entity that receives a grant
under the program shall conduct--
(1) a hydrogen leakage monitoring, reporting, and
verification (also known as ``MRV'') program for all eligible
fuel used by the eligible entity; and
(2) a hydrogen leak detection and repair (also known as
``LDAR'') program for all eligible fuel used by the eligible
entity.
(i) Funding.--
(1) Authorization of appropriations.--There is authorized
to be appropriated to the Secretary to carry out the program
$100,000,000 for each of fiscal years 2024 through 2028.
(2) Human-operated equipment requirement.--In carrying out
the program, the Secretary shall ensure that funding is made
available for each fiscal year for cargo-handling equipment
that uses an eligible fuel and is human-operated.
SEC. 3. STUDY ON FEASIBILITY AND SAFETY OF USING HYDROGEN AND AMMONIA
AS FUELS IN MARITIME APPLICATIONS.
(a) In General.--Not later than 270 days after the date of
enactment of this Act, the Secretary of the department in which the
Coast Guard is operating, in consultation with the Secretary of Energy,
the Secretary of Transportation, and the heads of other Federal
departments and agencies, as appropriate, shall conduct, and submit to
the Committee on Commerce, Science, and Transportation of the Senate
and the Committee on Transportation and Infrastructure of the House of
Representatives a report describing the results of, a study--
(1) to fully address the challenges to ensure the safe use
and handling of hydrogen, ammonia, and other hydrogen-based
fuels on vessels and in ports;
(2) to identify, compare, and evaluate the feasibility of,
the safety, environmental, and health impacts of, and best
practices with respect to, the use of hydrogen-derived fuels,
including ammonia, as a shipping fuel;
(3) to identify and evaluate considerations for hydrogen
and ammonia storage, including--
(A) at ports;
(B) on board vessels; and
(C) for subsea hydrogen storage; and
(4) to assess the cost and value of a hydrogen or ammonia
strategic reserve, either as a new facility or as a
modification to the Strategic Petroleum Reserve established
under part B of title I of the Energy Policy and Conservation
Act (42 U.S.C. 6231 et seq.).
(b) Requirements.--In carrying out subsection (a), the Secretary of
the department in which the Coast Guard is operating shall--
(1) consult with entities in the private sector with
experience in the hydrogen or ammonia industry;
(2) take into account lessons learned from demonstration
projects in other industries, including--
(A) projects carried out in the United States;
(B) projects carried out in other countries; and
(C) projects relating to the automotive industry,
buses, petroleum refining, chemical production,
fertilizer production, and stationary power; and
(3) evaluate the applicability of the lessons described in
paragraph (2) to the use of hydrogen in maritime and associated
logistics applications.
<all>
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[
"Energy"
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|
118S648
|
Hydrogen for Trucks Act of 2023
|
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<html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 648 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 648
To require the Secretary of Transportation, in consultation with the
Secretary of Energy, to establish a grant program to demonstrate the
performance and reliability of heavy-duty fuel cell vehicles that use
hydrogen as a fuel source, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
March 2, 2023
Mr. Coons (for himself, Mr. Cornyn, Mr. Hickenlooper, Mr. Cassidy, and
Mr. Lujan) introduced the following bill; which was read twice and
referred to the Committee on Commerce, Science, and Transportation
_______________________________________________________________________
A BILL
To require the Secretary of Transportation, in consultation with the
Secretary of Energy, to establish a grant program to demonstrate the
performance and reliability of heavy-duty fuel cell vehicles that use
hydrogen as a fuel source, and for other 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 ``Hydrogen for Trucks Act of 2023''.
SEC. 2. HEAVY-DUTY FUEL CELL VEHICLE DEMONSTRATION PROGRAM.
(a) Definitions.--In this section:
(1) Eligible entity.--The term ``eligible entity'' means an
entity described in subsection (b)(2).
(2) Heavy-duty fuel cell vehicle.--
(A) In general.--The term ``heavy-duty fuel cell
vehicle'' means a vehicle that--
(i) has a manufacturer gross vehicle weight
rating of more than 26,000 pounds, as
determined by the Federal Highway
Administration;
(ii) is not powered or charged by an
internal combustion engine; and
(iii) is propelled solely by an electric
motor that draws electricity from--
(I) a fuel cell; or
(II) a combination of a fuel cell
and a battery.
(B) Inclusion.--The term ``heavy-duty fuel cell
vehicle'' includes any off-road vehicle, such as a yard
truck, that meets the requirements of subparagraph (A).
(3) Program.--The term ``program'' means the program
established under subsection (b)(1).
(4) Secretary.--The term ``Secretary'' means the Secretary
of Transportation.
(b) Establishment.--
(1) In general.--Not later than 180 days after the date of
enactment of this Act, the Secretary, in consultation with the
Secretary of Energy, shall establish a grant program under
which the Secretary shall provide grants to eligible entities
to assist the eligible entities in funding capital projects to
purchase heavy-duty fuel cell vehicles and related equipment,
including hydrogen fueling stations.
(2) Eligible entities.--To be eligible to receive a grant
under the program, an entity shall be--
(A) a private heavy-duty truck fleet owner with
high duty cycle or long-haul operations;
(B) an operator with a ``return to base'' mode that
requires refueling primarily at a single station,
including an airport, a delivery warehouse, and a
shipping port;
(C) a leasing firm;
(D) an independent owner-operator;
(E) a public hydrogen fueling station developer or
operator;
(F) a Federal, State, or local agency that owns,
operates, leases, or otherwise controls a fleet of
public vehicles; or
(G) a partnership of 1 or more entities described
in subparagraphs (A) through (E).
(3) Applications.--
(A) In general.--Subject to subparagraph (B), an
eligible entity desiring a grant under the program
shall submit to the Secretary an application at such
time, in such manner, and containing such information
as the Secretary, in consultation with the Secretary of
Energy, may require.
(B) Requirement.--If an eligible entity desiring a
grant under the program intends to use the grant for
only 1 of the uses described in subparagraphs (A) and
(B) of subsection (d)(1), the eligible entity shall
include in the application under subparagraph (A) a
description of--
(i) if the grant is to be used only for the
use described in subparagraph (A) of subsection
(d)(1), the availability of not fewer than 1
hydrogen fueling station that can be used by
heavy-duty fuel cell vehicles;
(ii) if the grant is to be used only for
the use described in subparagraph (B) of
subsection (d)(1), the availability of not
fewer than 7 heavy-duty fuel cell vehicles
that--
(I) use hydrogen as a fuel source;
and
(II) will use 1 or more hydrogen
fueling stations demonstrated using the
grant; and
(iii) the means by which the project of the
eligible entity will expand the demand for and
use of any existing infrastructure.
(4) Considerations.--In selecting eligible entities to
receive a grant under the program, the Secretary, in
consultation with the Secretary of Energy, shall--
(A) take into account whether the eligible entity
has the potential to expand the use of hydrogen
demonstrated by the eligible entity using the grant to
other applications within the region in which the
eligible entity operates; and
(B) to the maximum extent practicable--
(i) select eligible entities operating in
different regions of the United States--
(I) to demonstrate different types
of fleet operations, such as fleet
operations with differing local
hydrogen supplies, climate conditions,
route lengths and geographies, and
sizes of vehicles; and
(II) to identify any differences in
performance demonstrated by the heavy-
duty fuel cell vehicles used by the
eligible entity that are due to
regional characteristics;
(ii) select eligible entities that intend
to use the grant for both of the uses described
in subparagraphs (A) and (B) of subsection
(d)(1); and
(iii) select projects that will generate
the greatest benefit to low-income or
disadvantaged communities (including cities,
towns, counties, and reasonably isolated and
divisible segments of a larger municipality)
with an annual median household income that is
less than 100 percent of the statewide annual
median household income for the State in which
the community is located, according to the most
recent decennial census.
(5) Priority.--In selecting eligible entities to receive a
grant under the program, the Secretary, in consultation with
the Secretary of Energy, shall give priority to projects that
will provide greater net impact in avoiding or reducing
emissions of greenhouse gases.
(6) Special consideration.--In selecting eligible entities
to receive a grant under the program, the Secretary, in
consultation with the Secretary of Energy, shall give special
consideration to--
(A) if the grant is to be used for the use
described in subsection (d)(1)(B), projects in which
each applicable hydrogen fueling station is open to the
public; or
(B) eligible entities that provide greater than 20
percent cost share.
(c) Goals.--The goals of the program shall be--
(1) to demonstrate the performance and reliability of
heavy-duty fuel cell vehicles in different regions of the
United States;
(2) to provide a basis for relevant cost evaluations and
cost reductions; and
(3) to accelerate the market deployment of heavy-duty fuel
cell vehicles.
(d) Use of Grant Funds.--
(1) In general.--An eligible entity that receives a grant
under the program shall use the grant to demonstrate the
performance of--
(A) not fewer than 7 heavy-duty fuel cell vehicles
that use hydrogen as fuel source; or
(B) 1 or more hydrogen fueling stations for use by
heavy-duty fuel cell vehicles.
(2) Eligible costs.--An eligible entity that receives a
grant under the program may use the grant for the following
costs:
(A) The capital costs of--
(i) the heavy-duty fuel cell vehicles
described in paragraph (1)(A), subject to
paragraph (4); or
(ii) a station described in paragraph
(1)(B).
(B) The costs, such as costs associated with labor,
complying with maintenance requirements, and grant
administration, of operating--
(i) the heavy-duty fuel cell vehicles
described in paragraph (1)(A); or
(ii) a station described in paragraph
(1)(B).
(C) Overhead costs.
(D) The costs of training personnel to ensure
safety and best practices during construction, fueling
and refueling, maintenance, and upkeep, as applicable,
of--
(i) the heavy-duty fuel cell vehicles
described in paragraph (1)(A); or
(ii) a station described in paragraph
(1)(B).
(E) The costs of complying with--
(i) the requirements of subsection (g); and
(ii) any reporting requirements under
subsection (h).
(3) Operation.--
(A) In general.--Except as provided in subparagraph
(B), an eligible entity that receives a grant under the
program for a use described in subparagraph (A) or (B)
of paragraph (1) may determine whether each applicable
hydrogen fueling station shall--
(i) allow only private access; or
(ii) be open to the public.
(B) Public hydrogen fueling station developers and
operators.--An eligible entity described in subsection
(b)(2)(E) that receives a grant under the program to be
used only for the use described in paragraph (1)(B)
shall make each applicable hydrogen fueling station
described in that paragraph open to the public.
(4) Capital costs of vehicles.--With respect to the capital
costs described in paragraph (2)(A)(i), the amount of grant
funds used for those capital costs shall not exceed, with
respect to each heavy-duty fuel cell vehicle purchased by the
eligible entity and used for the applicable project, the lesser
of--
(A) an amount equal to the difference between--
(i) the cost of the heavy-duty fuel cell
vehicle; and
(ii) the product obtained by multiplying--
(I) the cost of a comparable
gasoline- or diesel-fueled vehicle; and
(II) 0.5; and
(B) $500,000.
(e) Amount of a Grant.--The amount of a grant provided by the
Secretary under the program shall be not more than $20,000,000.
(f) Cost Sharing.--The non-Federal share of the cost of a project
carried out using a grant under the program shall be not less than 20
percent.
(g) Leak Detection.--Each eligible entity that receives a grant
under the program shall conduct--
(1) a hydrogen leakage monitoring, reporting, and
verification (also known as ``MRV'') program; and
(2) a hydrogen leak detection and repair (also known as
``LDAR'') program.
(h) Reporting.--
(1) In general.--An eligible entity that receives a grant
under the program shall submit to the Secretary such
operational data relating to eligible costs described in
subsection (d)(2) as the Secretary, in consultation with the
Secretary of Energy, may require to accelerate market
deployment of heavy-duty fuel cell vehicles that use hydrogen
as a fuel source.
(2) Requirement.--The operational data required by the
Secretary under paragraph (1) shall include, at a minimum, data
relating to--
(A) operational expenses;
(B) fuel use; and
(C) reliability.
(3) System.--The Secretary, in consultation with the
Secretary of Energy, shall develop a system for data reporting
and data sharing that allows similar fleet and fueling station
operators to evaluate the performance of the program.
(i) Authorization of Appropriations.--There is authorized to be
appropriated to the Secretary to carry out the program $200,000,000 for
the period of fiscal years 2024 through 2028.
<all>
</pre></body></html>
|
[
"Energy",
"Alternative and renewable resources",
"Energy efficiency and conservation",
"Energy storage, supplies, demand",
"Government lending and loan guarantees",
"Infrastructure development",
"Motor carriers"
] |
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118S649
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Hydrogen Infrastructure Finance and Innovation Act
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[
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] |
<html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 649 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 649
To require the Secretary of Energy to establish a hydrogen
infrastructure finance and innovation pilot program, and for other
purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
March 2, 2023
Mr. Cornyn (for himself, Mr. Coons, Mr. Cassidy, Mr. Heinrich, Ms.
Murkowski, and Mr. Lujan) introduced the following bill; which was read
twice and referred to the Committee on Energy and Natural Resources
_______________________________________________________________________
A BILL
To require the Secretary of Energy to establish a hydrogen
infrastructure finance and innovation pilot program, and for other
purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Hydrogen Infrastructure Finance and
Innovation Act''.
SEC. 2. STUDY.
Not later than 18 months after the date of enactment of this Act,
the Secretary of Energy, in coordination with the Administrator of the
Environmental Protection Agency, the Chair of the Council on
Environmental Quality, the Administrator of the Energy Information
Administration, and the heads of other relevant Federal agencies, shall
conduct a study subject to notice and public comment--
(1) to fully assess and report the potential layout of
pipeline corridors, including existing and new infrastructure,
that--
(A) are robust against a range of projected
hydrogen demand futures; and
(B) reflect the potential to site within, or
adjacent to, existing pipeline or other linear
infrastructure corridors;
(2) to assess the costs associated with each infrastructure
scenario described in paragraph (1);
(3) to synthesize the results from research, development,
and demonstration projects on materials and metallurgy for
transporting and storing hydrogen and hydrogen-based fuels,
such as ammonia;
(4) to determine outstanding questions with regard to
research, development, and demonstration of infrastructure for
transporting and storing hydrogen and hydrogen-based fuels,
such as ammonia;
(5) to investigate the behavior and environmental impact of
hydrogen leakage in pipelines and from geologic storage sites
and nongeologic storage equipment;
(6) to determine best practices for the construction and
maintenance of hydrogen pipelines;
(7) to determine the reduction in carbon intensity at
various levels of hydrogen blending into the natural gas
network; and
(8) to establish a framework for the measurement,
reporting, and management of hydrogen leaks.
SEC. 3. SUPPORTING HYDROGEN INFRASTRUCTURE AND REGIONAL DEVELOPMENT OF
HYDROGEN.
(a) Definitions.--In this section:
(1) Board-regulated rates.--The term ``Board-regulated
rates'' means rates regulated by the Surface Transportation
Board.
(2) Commission-regulated rates.--The term ``Commission-
regulated rates'' means rates regulated by the Federal Energy
Regulatory Commission.
(3) Common carrier.--The term ``common carrier'' means a
transportation infrastructure operator or owner that--
(A) publishes a publicly available tariff
containing the just and reasonable rates, terms, and
conditions of nondiscriminatory service; and
(B) holds itself out to provide transportation
services to the public for a fee.
(4) Eligible activity.--The term ``eligible activity''
means an activity described in subsection (g)(2) relating to,
or carried out in connection with, an eligible project.
(5) Eligible entity.--The term ``eligible entity'' means a
corporation, partnership, joint venture, trust, non-Federal
governmental entity, agency, or instrumentality, or other
entity.
(6) Eligible project.--
(A) In general.--Subject to subparagraph (B), the
term ``eligible project'' means an infrastructure
project for hydrogen transportation, storage, or
delivery, including pipeline, shipping, rail,
refueling, or other infrastructure, or associated
equipment, as the Secretary determines to be
appropriate.
(B) Inclusion of pipeline projects.--The term
``eligible project'' includes a pipeline project only
if the project is for--
(i) the construction of 1 or more new
pipelines that are capable of handling pure
hydrogen; or
(ii) the retrofitting of 1 or more existing
natural gas pipelines--
(I) to transport a blend of
hydrogen and natural gas; and
(II) in a manner that will
significantly increase the capacity of
the pipelines to transport hydrogen, as
determined by the Secretary.
(7) Eligible project cost.--
(A) In general.--The term ``eligible project
costs'' means--
(i) the costs of carrying out an eligible
activity; and
(ii) any costs described in subparagraph
(B) relating to, or incurred in connection
with, an eligible project.
(B) Costs described.--The costs referred to in
subparagraph (A)(ii) are--
(i) the costs of capitalized interest
necessary to meet market requirements, the
costs of reasonably required reserve funds,
capital issuance expenses, and any other
carrying costs during construction of the
applicable infrastructure; and
(ii) transaction costs associated with
financing an eligible project, including the
cost of legal counsel and technical
consultants.
(8) HIFIA pilot program.--The term ``HIFIA pilot program''
means the hydrogen infrastructure finance and innovation pilot
program established under subsection (b)(1).
(9) Letter of interest.--The term ``letter of interest''
means a letter submitted by a potential applicant prior to an
application for a grant or a loan under the HIFIA pilot program
that--
(A) is in a format prescribed by the Secretary on
the website of the HIFIA pilot program;
(B) describes the project and the location,
purpose, and cost of the project;
(C) outlines the proposed financial plan,
including--
(i) the requested grant or loan assistance;
and
(ii) the proposed obligor, if applicable;
(D) provides a status of environmental review; and
(E) provides information regarding satisfaction of
other eligibility requirements of the HIFIA pilot
program.
(10) Low-income or disadvantaged community.--The term
``low-income or disadvantaged community'' means a community
(including a city, a town, a county, and any reasonably
isolated and divisible segment of a larger municipality) with
an annual median household income that is less than 100 percent
of the statewide annual median household income for the State
in which the community is located, according to the most recent
decennial census.
(11) Obligor.--The term ``obligor'' means an eligible
entity that is liable for payment of the principal of, or
interest on, a loan under the HIFIA pilot program.
(12) Secretary.--The term ``Secretary'' means the Secretary
of Energy.
(b) Establishment.--
(1) In general.--Not later than 1 year after the date of
enactment of this Act, the Secretary, in consultation with the
Federal Energy Regulatory Commission, the Surface
Transportation Board, and the Administrator of the Pipeline and
Hazardous Materials Safety Administration, shall establish a
hydrogen infrastructure finance and innovation pilot program
under which the Secretary shall provide--
(A) financial assistance to eligible entities for
eligible projects through--
(i) grants; or
(ii) long-term, low-cost supplemental
loans; and
(B) technical assistance in accordance with
subsection (l).
(2) Coordination with hydrogen hubs.--
(A) In general.--To ensure that the HIFIA pilot
program is compatible with, and complementary to, any
hydrogen hubs developed under any other law, the
Secretary, to the maximum extent practicable and
subject to subparagraph (B), shall coordinate the
establishment of the HIFIA pilot program with--
(i) any program to support the development
of hydrogen hubs that is required to be
established under any other law; and
(ii) the development of those hydrogen
hubs.
(B) Treatment.--Coordination with a hydrogen hub
under subparagraph (A) shall not--
(i) be considered to be a priority
criterion in determining whether to provide
assistance for an eligible project under the
HIFIA pilot program; or
(ii) preclude the provision of assistance
under the HIFIA pilot program for another
eligible project that--
(I) meets the criteria described in
subsections (d) and (e); and
(II) is an objectively superior
project, as determined by the
Secretary.
(c) Eligibility.--
(1) In general.--The Secretary may provide financial
assistance for an eligible project under the HIFIA pilot
program if--
(A) the eligible entity proposing to carry out the
project submits a letter of interest prior to
submission of an application under paragraph (2) with
respect to the project; and
(B) the eligible entity and the eligible project
meet all applicable requirements of this section.
(2) Applications.--
(A) In general.--To be eligible for a grant or a
loan under the HIFIA pilot program, an eligible entity
shall submit to the Secretary an application at such
time, in such manner, and containing such information
as the Secretary determines to be appropriate.
(B) Election.--
(i) In general.--An eligible entity may
elect to apply for a grant, a loan, or both
under the HIFIA pilot program.
(ii) Decision.--The Secretary shall have
discretion to award any mix of grants and loans
under the HIFIA pilot program as the Secretary
determines to be appropriate, including with
respect to each eligible entity that applies
for both a grant and a loan.
(C) Application processing procedures.--
(i) Notice of complete application.--Not
later than 30 days after the date of receipt of
an application under this paragraph, the
Secretary shall provide to the applicant a
written notice describing whether--
(I) the application is complete; or
(II) additional information or
materials are needed to complete the
application.
(ii) Approval or denial of application.--
Not later than 90 days after the date of
issuance of a written notice under clause (i),
the Secretary shall provide to the applicant a
written notice informing the applicant whether
the Secretary has approved or disapproved the
application.
(d) Priority.--In selecting eligible projects to receive a grant or
a loan under the HIFIA pilot program, the Secretary shall give priority
to eligible projects that--
(1) will provide greater net impact in avoiding or reducing
emissions of greenhouse gases; and
(2) are sited in a manner that minimizes environmental
disturbance and other siting concerns, including by being sited
within, or adjacent to, existing pipeline or other linear
infrastructure corridors.
(e) Considerations.--In selecting eligible projects to receive a
grant or a loan under the HIFIA pilot program, the Secretary, to the
maximum extent practicable, shall select projects that--
(1) are large-capacity, common carrier infrastructure;
(2) enable geographical diversity in associated projects
and supply chains to produce, use, or store hydrogen, with the
goal of enabling projects in all major regions of the United
States with current hydrogen demand and potential future
hydrogen demand;
(3) aid in creating economies of scale for hydrogen uptake
in applications requiring an affordable solution to reduce
greenhouse gas emissions;
(4) will generate the greatest benefit to low-income or
disadvantaged communities; and
(5) will--
(A) maximize creation or retention of jobs in the
United States; and
(B) provide the highest job quality.
(f) Loans.--
(1) In general.--In carrying out the HIFIA pilot program,
the Secretary shall make loans to eligible entities, the
proceeds of which shall be used to finance eligible projects.
(2) Interest rate.--The interest rate of a loan under the
HIFIA pilot program shall be not less than the interest rate on
United States Treasury securities of a similar maturity to the
maturity of the loan on the date of closing on the loan.
(3) Maturity date.--The final maturity date of a loan
provided under the HIFIA pilot program shall be the date that
is 30 years after the date of substantial completion of the
applicable eligible project.
(4) Repayment.--
(A) In general.--The Secretary shall establish a
repayment schedule for each loan provided under the
HIFIA pilot program.
(B) Commencement.--Repayment of a loan provided
under the HIFIA pilot program shall commence on the
date of substantial completion of the applicable
eligible project for which the loan was provided.
(C) Deferral of repayment.--If, at any time during
the 5-year period beginning on the date of substantial
completion of an eligible project, the project is
unable to generate sufficient revenues in excess of
reasonable and necessary operating expenses to pay the
scheduled loan repayments of principal and interest on
the loan, the Secretary may allow the borrower to defer
repayment of the loan until the end of that 5-year
period.
(5) Requirements.--
(A) Creditworthiness.--
(i) In general.--Each obligor with respect
to a loan provided for an eligible project
under the HIFIA pilot program shall be
creditworthy, such that there exists a
reasonable prospect of repayment of the
principal and interest on the loan, as
determined by the Secretary under clause (ii).
(ii) Reasonable prospect of repayment.--The
Secretary shall base a determination of whether
there is a reasonable prospect of repayment
under clause (i) on a comprehensive evaluation
of whether the obligor has a reasonable
prospect of repaying the loan for the eligible
project, including evaluation of--
(I) the forecast of noncontractual
cash flows supported by market
projections from reputable sources, as
determined by the Secretary, and cash
sweeps or other structural
enhancements;
(II) the strength of the
contractual terms of an eligible
project (if available for the
applicable market segment);
(III) the projected financial
strength of the obligor--
(aa) at the time of loan
close; and
(bb) throughout the loan
term, including after the
project is completed;
(IV) the financial strength of the
investors and strategic partners of the
obligor, if applicable; and
(V) other financial metrics and
analyses that are relied on by the
private lending community and
nationally recognized credit rating
agencies, as determined to be
appropriate by the Secretary.
(B) Dedicated source of revenue.--An eligible
project for which a loan is provided under the HIFIA
pilot program shall have a dedicated source of revenue
separate from any financial assistance received under
the HIFIA pilot program.
(g) Use of Financial Assistance.--
(1) In general.--A grant or loan provided under the HIFIA
pilot program may be used for any eligible project costs.
(2) Eligible activities.--A grant or loan provided under
the HIFIA pilot program may be used to carry out any of the
following activities with respect to an eligible project:
(A) Development phase activities, including--
(i) planning;
(ii) preliminary engineering;
(iii) design;
(iv) environmental review;
(v) revenue forecasting; and
(vi) other preconstruction activities.
(B) Construction, reconstruction, rehabilitation,
and replacement activities, including the training of
construction personnel in handling and safety.
(C) Acquisition of--
(i) real property or an interest in real
property; or
(ii) equipment.
(D) Environmental mitigation activities.
(E) Activities relating to construction
contingencies.
(h) Federal Requirements.--
(1) In general.--Nothing in this section supersedes the
applicability of any other requirement under Federal law
(including regulations).
(2) NEPA.--Federal assistance may only be provided under
the HIFIA pilot program for a project that has received an
environmental categorical exclusion, a finding of no
significant impact, or a record of decision under the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).
(i) Leak Detection.--Each eligible entity that receives a loan or
grant under the HIFIA pilot program shall conduct--
(1) a hydrogen leakage monitoring, reporting, and
verification (also known as ``MRV'') program; and
(2) a hydrogen leak detection and repair (also known as
``LDAR'') program.
(j) Maximum Federal Involvement.--The maximum Federal share of an
eligible project for which a loan is provided under the HIFIA pilot
program shall not exceed 80 percent of the eligible costs of the
project.
(k) Amendment.--Section 1703(b)(3) of the Energy Policy Act of 2005
(42 U.S.C. 16513(b)(3)) is amended by striking ``Hydrogen fuel'' and
inserting ``Hydrogen technologies applicable to 1 or more end-use
sectors, such as power generation, transportation, aviation, storage,
industrial, and chemicals, including hydrogen fuel''.
(l) Technical Assistance.--
(1) In general.--The Secretary and the National
Laboratories may provide technical assistance under the HIFIA
pilot program to assess the grading and readiness of existing
infrastructure to transport, store, or deliver hydrogen with
respect to informal State and regional planning for investments
in that grading and readiness.
(2) Priority.--In providing technical assistance under
paragraph (1), the Secretary and the National Laboratories
shall prioritize--
(A) preexisting infrastructure corridors;
(B) geologic storage potential for hydrogen; and
(C) industrial clusters.
(m) Regulatory Assessment To Encourage Hydrogen Transportation
Infrastructure Deployment.--Not later than 270 days after the date of
enactment of this Act, each of the Federal Energy Regulatory
Commission, the Surface Transportation Board, and the Administrator of
the Pipeline and Hazardous Materials Safety Administration, in
coordination with the Secretary, shall--
(1) assess jurisdiction over the siting, construction,
safety, and regulation of hydrogen transportation
infrastructure, including, at a minimum, the blending of
hydrogen in natural gas pipelines;
(2) if that assessment indicates that additional authority
is needed to support the deployment of hydrogen transportation
infrastructure, submit to Congress a report describing the
needed authority; and
(3) identify the eligibility of, and process for, hydrogen
transportation infrastructure to receive cost recovery under
the HIFIA pilot program through Commission-regulated rates,
Board-regulated rates, or other applicable regulated rates, as
appropriate, for the transportation of hydrogen in interstate
commerce.
(n) Authorization of Appropriations.--There is authorized to be
appropriated to the Secretary to carry out the HIFIA pilot program
$100,000,000 for each of fiscal years 2024 through 2028.
<all>
</pre></body></html>
|
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118S65
|
Mentoring to Succeed Act of 2023
|
[
[
"D000563",
"Sen. Durbin, Richard J. [D-IL]",
"sponsor"
],
[
"D000622",
"Sen. Duckworth, Tammy [D-IL]",
"cosponsor"
],
[
"B001288",
"Sen. Booker, Cory A. [D-NJ]",
"cosponsor"
]
] |
<p><strong>Mentoring to Succeed Act of </strong><b>2023</b></p> <p>This bill requires the Department of Education to award grants to high-need local educational agencies, high-need schools, and local governments to establish, expand, or support school-based mentoring programs that assist at-risk students in developing cognitive skills and promoting social-emotional learning to prepare them for success in high school, postsecondary education, and the workforce.</p> <p>Additionally, the bill directs the Institute of Education Sciences to conduct a study to identify successful school-based mentoring programs and evaluate the effectiveness of the grant program established by this bill.</p>
|
<html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 65 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 65
To amend the Carl D. Perkins Career and Technical Education Act of 2006
to give the Department of Education the authority to award competitive
grants to eligible entities to establish, expand, or support school-
based mentoring programs to assist at-risk students in middle school
and high school in developing cognitive and social-emotional skills to
prepare them for success in high school, postsecondary education, and
the workforce.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
January 25, 2023
Mr. Durbin (for himself, Ms. Duckworth, and Mr. Booker) introduced the
following bill; which was read twice and referred to the Committee on
Health, Education, Labor, and Pensions
_______________________________________________________________________
A BILL
To amend the Carl D. Perkins Career and Technical Education Act of 2006
to give the Department of Education the authority to award competitive
grants to eligible entities to establish, expand, or support school-
based mentoring programs to assist at-risk students in middle school
and high school in developing cognitive and social-emotional skills to
prepare them for success in high school, postsecondary education, and
the workforce.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Mentoring to Succeed Act of 2023''.
SEC. 2. PURPOSE.
The purpose of this Act is to make assistance available for school-
based mentoring programs for at-risk students in order to--
(1) establish, expand, or support school-based mentoring
programs;
(2) assist at-risk students in middle school and high
school in developing cognitive and social-emotional skills; and
(3) prepare such at-risk students for success in high
school, postsecondary education, and the workforce.
SEC. 3. SCHOOL-BASED MENTORING PROGRAM.
Part C of title I of the Carl D. Perkins Career and Technical
Education Act of 2006 (20 U.S.C. 2351 et seq.) is amended by adding at
the end the following:
``SEC. 136. DISTRIBUTION OF FUNDS FOR SCHOOL-BASED MENTORING PROGRAMS.
``(a) Definitions.--In this section:
``(1) At-risk student.--The term `at-risk student' means a
student who--
``(A) is failing academically or at risk of
dropping out of school;
``(B) is pregnant or a parent;
``(C) is a gang member;
``(D) is a child or youth in foster care or a youth
who has been emancipated from foster care, but is still
enrolled in high school;
``(E) is or has recently been a homeless child or
youth;
``(F) is chronically absent;
``(G) has changed schools 3 or more times in the
past 6 months;
``(H) has come in contact with the juvenile justice
system in the past;
``(I) has a history of multiple suspensions or
disciplinary actions;
``(J) is an English learner;
``(K) has one or both parents incarcerated;
``(L) has experienced one or more adverse childhood
experiences, traumatic events, or toxic stressors, as
assessed through an evidence-based screening;
``(M) lives in a high-poverty area with a high rate
of community violence;
``(N) has a disability; or
``(O) shows signs of alcohol or drug misuse or
abuse or has a parent or guardian who is struggling
with substance abuse.
``(2) Disability.--The term `disability' has the meaning
given the term for purposes of section 602(3) of the
Individuals with Disabilities Education Act (20 U.S.C.
1401(3)).
``(3) Eligible entity.--The term `eligible entity'--
``(A) means a high-need local educational agency,
high-need school, or local government entity; and
``(B) may include a partnership between an entity
described in subparagraph (A) and a nonprofit,
community-based, or faith-based organization, or
institution of higher education.
``(4) English learner.--The term `English learner' has the
meaning given the term in section 8101 of the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 7801).
``(5) Foster care.--The term `foster care' has the meaning
given the term in section 1355.20(a) of title 45, Code of
Federal Regulations (or any successor regulation).
``(6) High-need local educational agency.--The term `high-
need local educational agency' means a local educational agency
that serves at least one high-need school.
``(7) High-need school.--The term `high-need school' has
the meaning given the term in section 2211(b) of the Elementary
and Secondary Education Act of 1965 (20 U.S.C. 6631(b)).
``(8) Homeless children and youths.--The term `homeless
children and youths' has the meaning given the term in section
725 of the McKinney-Vento Homeless Assistance Act (42 U.S.C.
11434a).
``(9) School-based mentoring.--The term `school-based
mentoring' means a structured, managed, evidenced-based program
conducted in partnership with teachers, administrators, school
psychologists, school social workers or counselors, and other
school staff, in which at-risk students are appropriately
matched with screened and trained professional or volunteer
mentors who provide guidance, support, and encouragement,
involving meetings, group-based sessions, and educational and
workforce-related activities on a regular basis to prepare at-
risk students for success in high school, postsecondary
education, and the workforce.
``(b) School-Based Mentoring Competitive Grant Program.--
``(1) In general.--The Secretary shall award grants on a
competitive basis to eligible entities to establish, expand, or
support school-based mentoring programs that--
``(A) are designed to assist at-risk students in
high-need schools in developing cognitive skills and
promoting social-emotional learning to prepare them for
success in high school, postsecondary education, and
the workforce by linking them with mentors who--
``(i) have received mentor training,
including on trauma-informed practices, youth
engagement, cultural competency, and social-
emotional learning; and
``(ii) have been screened using appropriate
reference checks and criminal background
checks, in accordance with the requirements of
paragraph (3)(B)(v)(ii);
``(B) provide coaching and technical assistance to
mentors in each such mentoring program;
``(C) seek to--
``(i) improve the academic achievement of
at-risk students;
``(ii) reduce dropout rates and absenteeism
and improve school engagement of at-risk
students and their families;
``(iii) reduce juvenile justice involvement
of at-risk students;
``(iv) foster positive relationships
between at-risk students and their peers,
teachers, other adults, and family members;
``(v) develop the workforce readiness
skills of at-risk students by exploring paths
to employment, including encouraging students
with disabilities to explore transition
services; and
``(vi) increase the participation of at-
risk students in community service activities;
and
``(D) encourage at-risk students to set goals and
plan for their futures, including making plans and
identifying goals for postsecondary education and the
workforce.
``(2) Duration.--The Secretary shall award grants under
this section for a period not to exceed 5 years.
``(3) Application.--To receive a grant under this section,
an eligible entity shall submit to the Secretary an application
that includes--
``(A) a needs assessment that includes baseline
data on the measures described in paragraph (6)(A)(ii);
and
``(B) a plan to meet the requirements of paragraph
(1), including--
``(i) the targeted outcomes, mentee age and
eligibility, mentor type, and meeting frequency
for the program;
``(ii) the number of mentor-student matches
proposed to be established and maintained
annually under the program;
``(iii) the capacity and expertise of the
program to serve children and youth in a way
that is responsive to children and youth of
color, expectant and parenting youth,
indigenous youth, youth who are lesbian, gay,
bisexual, transgendered, or queer, and youth
with disabilities;
``(iv) actions taken to ensure that the
design of the program reflects input from
youth; and
``(v) an assurance that mentors supported
under the program are appropriately screened
and have demonstrated a willingness to comply
with aspects of the mentoring program,
including--
``(I) a written screening plan that
includes all of the policies and
procedures used to screen and select
mentors, including eligibility
requirements and preferences for such
applicants;
``(II) a description of the methods
to be used to conduct criminal
background checks on all prospective
mentors, and the methods in place to
exclude mentors with convictions
directly related to child safety that
occur during the mentor's participation
in the program or in the 10-year period
preceding the mentor's participation;
and
``(III) a description of the
methods to be used to ensure that the
mentors are willing and able to serve
as a mentor on a long-term, consistent
basis as defined in the application.
``(4) Priority.--In selecting grant recipients, the
Secretary shall give priority to applicants that--
``(A) serve children and youth with the greatest
need living in high-poverty, high-crime areas, or rural
areas, or who attend schools with high rates of
community violence;
``(B) provide at-risk students with opportunities
for postsecondary education preparation and career
development, including--
``(i) job training, professional
development, work shadowing, internships,
networking, resume writing and review,
interview preparation, transition services for
students with disabilities, application
assistance and visits to institutions of higher
education, and leadership development through
community service; and
``(ii) partnerships with the private sector
and local businesses to provide internship and
career exploration activities and resources;
``(C) seek to provide match lengths between at-risk
students and mentors for at least 1 academic year; and
``(D) consult and engage youth in the development,
design, and implementation of the program.
``(5) Use of funds.--An eligible entity that receives a
grant under this section may use such funds to--
``(A) develop and carry out regular training for
mentors, including on--
``(i) the impact of adverse childhood
experiences;
``(ii) trauma-informed practices and
interventions;
``(iii) supporting homeless children and
youths;
``(iv) supporting children and youth in
foster care or youth who have been emancipated
from foster care, but are still enrolled in
high school;
``(v) cultural competency;
``(vi) meeting all appropriate privacy and
confidentiality requirements for students,
including students in foster care;
``(vii) working in coordination with a
public school system;
``(viii) positive youth development and
engagement practices; and
``(ix) disability inclusion practices to
ensure access and participation by students
with disabilities;
``(B) recruit, screen, match, train, and compensate
mentors;
``(C) hire staff to perform or support the
objectives of the school-based mentoring program;
``(D) provide inclusive and accessible youth
engagement activities, such as--
``(i) enrichment field trips to cultural
destinations;
``(ii) career awareness activities,
including job site visits, informational
interviews, resume writing, interview
preparation, and networking; and
``(iii) academic or postsecondary education
preparation activities, including trade or
vocational school visits, visits to
institutions of higher education, and
assistance in applying to institutions of
higher education; and
``(E) conduct program evaluation, including by
acquiring and analyzing the data described under
paragraph (6).
``(6) Reporting requirements.--
``(A) In general.--Not later than 6 months after
the end of each academic year during the grant period,
an eligible entity receiving a grant under this section
shall submit to the Secretary a report that includes--
``(i) the number of students and mentors,
and the demographics of the students and
mentors, who participated in the school-based
mentoring program that was funded in whole or
in part with the grant funds;
``(ii) data on the academic achievement,
dropout rates, truancy, absenteeism, outcomes
of arrests for violent crime, summer
employment, and postsecondary education
enrollment of students in the program;
``(iii) the number of group sessions and
number of one-to-one contacts between students
in the program and their mentors;
``(iv) the average attendance of students
enrolled in the program;
``(v) the number of students with
disabilities connected to transition services;
``(vi) data on social-emotional development
of students as assessed with a validated
social-emotional assessment tool; and
``(vii) any other information that the
Secretary may require to evaluate the success
of the school-based mentoring program.
``(B) Student privacy.--An eligible entity shall
ensure that the report submitted under subparagraph (A)
is prepared in a manner that protects the privacy
rights of each student in accordance with section 444
of the General Education Provisions Act (20 U.S.C.
1232g; commonly known as the `Family Educational Rights
and Privacy Act of 1974').
``(7) Mentoring resources and community service
coordination.--
``(A) Technical assistance.--The Secretary shall
work with the Office of Juvenile Justice and
Delinquency Prevention to--
``(i) refer grantees under this section to
the National Mentoring Resource Center to
obtain resources on best practices and research
related to mentoring and to request no-cost
training and technical assistance; and
``(ii) provide grantees under this section
with information regarding transitional
services for at-risk students returning from
correctional facilities and transition services
for students with disabilities.
``(B) Coordination.--The Secretary shall, to the
extent possible, coordinate with the Corporation for
National and Community Service, including through
entering into an interagency agreement or a memorandum
of understanding, to support mentoring and community
service-related activities for at-risk students.
``(c) Authorization of Funds.--There are authorized to be
appropriated to carry out this section such sums as may be necessary
for each of fiscal years 2023 through 2028.''.
SEC. 4. INSTITUTE OF EDUCATION SCIENCES STUDY ON SCHOOL-BASED MENTORING
PROGRAMS.
(a) In General.--The Secretary of Education, acting through the
Director of the Institute of Education Sciences, shall conduct a study
to--
(1) identify successful school-based mentoring programs and
effective strategies for administering and monitoring such
programs;
(2) evaluate the role of mentors in promoting cognitive
development and social-emotional learning to enhance academic
achievement and to improve workforce readiness; and
(3) evaluate the effectiveness of the grant program under
section 136 of the Carl D. Perkins Career and Technical
Education Act of 2006, as added by section 3, on student
academic outcomes and youth career development.
(b) Timing.--Not later than 3 years after the date of enactment of
this Act, the Secretary of Education, acting through the Director of
the Institute of Education Sciences, shall submit the results of the
study described in subsection (a) to the appropriate congressional
committees.
<all>
</pre></body></html>
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118S650
|
A bill to amend the Communications Act of 1934 to extend the authority of the Federal Communications Commission to grant a license or construction permit through a system of competitive bidding.
|
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[
"R000605",
"Sen. Rounds, Mike [R-SD]",
"sponsor"
],
[
"H001042",
"Sen. Hirono, Mazie K. [D-HI]",
"cosponsor"
]
] |
<p>This bill extends through September 30, 2023, the authority of the Federal Communications Commission to conduct auctions for electromagnetic spectrum licenses. (The authority currently expires on March 9, 2023.)</p>
|
<html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 650 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 650
To amend the Communications Act of 1934 to extend the authority of the
Federal Communications Commission to grant a license or construction
permit through a system of competitive bidding.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
March 2, 2023
Mr. Rounds introduced the following bill; which was read twice and
referred to the Committee on Commerce, Science, and Transportation
_______________________________________________________________________
A BILL
To amend the Communications Act of 1934 to extend the authority of the
Federal Communications Commission to grant a license or construction
permit through a system of competitive bidding.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. EXTENSION OF FCC AUCTION AUTHORITY.
Section 309(j)(11) of the Communications Act of 1934 (47 U.S.C.
309(j)(11)) is amended by striking ``March 9, 2023'' and inserting
``September 30, 2023''.
<all>
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|
118S651
|
Special Inspector General for Ukraine Assistance Act
|
[
[
"H001089",
"Sen. Hawley, Josh [R-MO]",
"sponsor"
],
[
"V000137",
"Sen. Vance, J. D. [R-OH]",
"cosponsor"
],
[
"B001310",
"Sen. Braun, Mike [R-IN]",
"cosponsor"
]
] |
<html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 651 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 651
To establish the Office of the Special Inspector General for Ukraine
Assistance, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
March 2, 2023
Mr. Hawley (for himself and Mr. Vance) introduced the following bill;
which was read twice and referred to the Committee on Foreign Relations
_______________________________________________________________________
A BILL
To establish the Office of the Special Inspector General for Ukraine
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 ``Special Inspector General for
Ukraine Assistance Act''.
SEC. 2. SPECIAL INSPECTOR GENERAL FOR UKRAINE ASSISTANCE.
(a) Purposes.--The purposes of this section are as follows:
(1) To provide for the independent and objective conduct
and supervision of audits and investigations, including within
the territory of Ukraine, relating to the programs and
operations funded with amounts appropriated or otherwise made
available for the military and nonmilitary support of Ukraine.
(2) To provide for the independent and objective leadership
and coordination of, and recommendations on, policies designed
to prevent and detect waste, fraud, and abuse in such programs
and operations described in paragraph (1).
(3) To provide for an independent and objective means of
keeping the Secretary of State, the Secretary of Defense, and
Congress fully and currently informed about problems and
deficiencies relating to the administration of such programs
and operations and the necessity for and progress on corrective
action.
(b) Office of Inspector General.--There is hereby established the
Office of the Special Inspector General for Ukraine Assistance to carry
out the purposes set forth in subsection (a).
(c) Appointment of Inspector General; Removal.--
(1) Appointment.--The head of the Office of the Special
Inspector General for Ukraine Assistance is the Special
Inspector General for Ukraine Assistance (in this section
referred to as the ``Inspector General''), who shall be
appointed by the President with the advice and consent of the
Senate.
(2) Qualifications.--The appointment of the 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.
(3) Deadline for appointment.--The appointment of an
individual as Inspector General shall be made not later than 30
days after the date of the enactment of this Act.
(4) Compensation.--The annual rate of basic pay of the
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.
(5) Prohibition on political activities.--For purposes of
section 7324 of title 5, United States Code, the Inspector
General shall not be considered an employee who determines
policies to be pursued by the United States in the nationwide
administration of Federal law.
(6) Removal.--The Inspector General shall be removable from
office in accordance with the provisions of section 403(b) of
title 5, United States Code.
(d) Assistant Inspectors General.--The Inspector General shall, in
accordance with applicable laws and regulations governing the civil
service--
(1) appoint an Assistant Inspector General for Auditing who
shall have the responsibility for supervising the performance
of auditing activities relating to programs and operations
supported by amounts appropriated or otherwise made available
for the military and nonmilitary support of Ukraine; and
(2) appoint an Assistant Inspector General for
Investigations who shall have the responsibility for
supervising the performance of investigative activities
relating to such programs and operations.
(e) Supervision.--
(1) In general.--Except as provided in paragraph (2), the
Inspector General shall report directly to, and be under the
general supervision of, the Secretary of State and the
Secretary of Defense.
(2) Independence to conduct investigations and audits.--No
officer of the Department of Defense, the Department of State,
or the United States Agency for International Development shall
prevent or prohibit the Inspector General from initiating,
carrying out, or completing any audit or investigation related
to amounts appropriated or otherwise made available for the
military and nonmilitary support of Ukraine or from issuing any
subpoena during the course of any such audit or investigation.
(f) Duties.--
(1) Oversight of military and nonmilitary support of
ukraine.--It shall be the duty of the Inspector General to
conduct, supervise, and coordinate audits and investigations of
the treatment, handling, and expenditure of amounts
appropriated or otherwise made available for the military and
nonmilitary support of Ukraine, and of the programs,
operations, and contracts carried out utilizing such funds,
including--
(A) the oversight and accounting of the obligation
and expenditure of such funds;
(B) the monitoring and review of contracts funded
by such funds;
(C) 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;
(D) the maintenance of records on the use of such
funds to facilitate future audits and investigations of
the use of such funds;
(E) 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 the
referral of such reports, as necessary, to the
Department of Justice to ensure further investigations,
prosecutions, recovery of further funds, or other
remedies;
(F) the monitoring and review of all military and
nonmilitary activities funded by such funds; and
(G) the tracking and monitoring of all lethal and
nonlethal security assistance provided by the United
States, including a review of compliance with all
applicable end-use certification requirements.
(2) Other duties related to oversight.--The Inspector
General shall establish, maintain, and oversee such systems,
procedures, and controls as the Inspector General considers
appropriate to discharge the duties under paragraph (1).
(3) Duties and responsibilities under chapter 4 of title 5,
united states code.--In addition to the duties specified in
paragraphs (1) and (2), the Inspector General shall also have
the duties and responsibilities of inspectors general under
chapter 4 of title 5, United States Code.
(4) Coordination of efforts.--In carrying out the duties,
responsibilities, and authorities of the Inspector General
under this section, the Inspector General shall coordinate
with, and receive the cooperation of each of the following:
(A) The Inspector General of the Department of
Defense.
(B) The Inspector General of the Department of
State.
(C) The Inspector General of the United States
Agency for International Development.
(g) Powers and Authorities.--
(1) Authorities under chapter 4 of title 5, united states
code.--In carrying out the duties specified in subsection (f),
the Inspector General shall have the authorities provided in
section 406 of title 5, United States Code, including the
authorities under subsection (e) of such section.
(2) Audit standards.--The Inspector General shall carry out
the duties specified in subsection (f)(1) in accordance with
section 404(b)(1) of title 5, United States Code.
(h) Personnel, Facilities, and Other Resources.--
(1) Personnel.--
(A) In general.--The Inspector General may select,
appoint, and employ such officers and employees as may
be necessary for carrying out the duties of the
Inspector General, subject to the provisions of title
5, United States Code, governing appointments in the
competitive service, and the provisions of chapter 51
and subchapter III of chapter 53 of such title,
relating to classification and General Schedule pay
rates.
(B) Additional authorities.--
(i) In general.--Subject to clause (ii),
the Inspector General may exercise the
authorities of subsections (b) through (i) of
section 3161 of title 5, United States Code
(without regard to subsection (a) of that
section).
(ii) Periods of appointments.--In
exercising the employment authorities under
subsection (b) of section 3161 of title 5,
United States Code, as provided under clause
(i) of this subparagraph--
(I) paragraph (2) of that
subsection (relating to periods of
appointments) shall not apply; and
(II) no period of appointment may
exceed the date on which the Office of
the Special Inspector General for
Ukraine Assistance terminates under
subsection (o).
(2) Employment of experts and consultants.--The Inspector
General may obtain services as authorized by 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 by section 5332 of such title.
(3) Contracting authority.--To the extent and in such
amounts as may be provided in advance by appropriations Acts,
the Inspector General may enter into contracts and other
arrangements for audits, studies, analyses, and other services
with public agencies and with private persons, and make such
payments as may be necessary to carry out the duties of the
Inspector General.
(4) Resources.--The Secretary of State or the Secretary of
Defense, as appropriate, shall provide the Inspector General
with--
(A) appropriate and adequate office space at
appropriate locations of the Department of State or the
Department of Defense, as the case may be, in Ukraine
or at an appropriate United States military
installation in the European theater, together with
such equipment, office supplies, and communications
facilities and services as may be necessary for the
operation of such offices, and shall provide necessary
maintenance services for such offices and the equipment
and facilities located therein; and
(B) appropriate and adequate support for audits,
investigations, and related activities by the Inspector
General or assigned personnel within the territory of
Ukraine.
(5) Assistance from federal agencies.--
(A) In general.--Upon request of the Inspector
General for information or assistance from any
department, agency, or other entity of the Federal
Government, the head of such entity shall, insofar as
is practicable and not in contravention of any existing
law, furnish such information or assistance to the
Inspector General, or an authorized designee.
(B) Reporting of refused assistance.--Whenever
information or assistance requested by the Inspector
General is, in the judgment of the Inspector General,
unreasonably refused or not provided, the Inspector
General shall report the circumstances to the Secretary
of State or the Secretary of Defense, as appropriate,
and to the appropriate congressional committees without
delay.
(i) Reports.--
(1) Quarterly reports.--Not later than 30 days after the
end of each fiscal-year quarter, the Inspector General shall
submit to the appropriate congressional committees a report
summarizing, for the period of that quarter and, to the extent
possible, the period from the end of such quarter to the time
of the submission of the report, the activities during such
period of the Inspector General and the activities under
programs and operations funded with amounts appropriated or
otherwise made available for the military and nonmilitary
support of Ukraine. Each report shall include, for the period
covered by such report, a detailed statement of all
obligations, expenditures, and revenues associated with
military and nonmilitary support of Ukraine, including the
following:
(A) Obligations and expenditures of appropriated
funds.
(B) Operating expenses of agencies or entities
receiving amounts appropriated or otherwise made
available for the military and nonmilitary support of
Ukraine.
(C) In the case of any contract, grant, agreement,
or other funding mechanism described in paragraph (2)--
(i) the 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 department or
agency of the United States Government 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, together with a list
of the potential individuals or entities that
were issued solicitations for the offers; and
(iv) the justification and approval
documents on which was based the determination
to use procedures other than procedures that
provide for full and open competition.
(D) An accounting comparison of--
(i) the military and nonmilitary support
provided to Ukraine by the United States; and
(ii) the military and nonmilitary support
provided to Ukraine by other North Atlantic
Treaty Organization member countries, including
allied contributions to Ukraine that are
subsequently backfilled or subsidized using
United States funds.
(E) An evaluation of the compliance of the
Government of Ukraine with all requirements for
receiving United States funds, including a description
of any area of concern with respect to the ability of
the Government of Ukraine to achieve such compliance.
(2) Covered contracts, grants, agreements, and funding
mechanisms.--A contract, grant, agreement, or other funding
mechanism described in this paragraph is any major contract,
grant, agreement, or other funding mechanism that is entered
into by any department or agency of the United States
Government that involves the use of amounts appropriated or
otherwise made available for the military and nonmilitary
support of Ukraine with any public or private sector entity for
any of the following purposes:
(A) To build or rebuild physical infrastructure of
Ukraine.
(B) To establish or reestablish a political or
societal institution of Ukraine.
(C) To provide products or services to the people
of Ukraine.
(D) To provide lethal or nonlethal weaponry to
Ukraine.
(E) To otherwise provide military or nonmilitary
support to Ukraine.
(3) Public availability.--The Inspector General shall
publish on a publicly available internet website each report
under paragraph (1) of this subsection in English and other
languages that the Inspector General determines are widely used
and understood in Ukraine.
(4) Form.--Each report required under this subsection shall
be submitted in unclassified form, but may include a classified
annex if the Inspector General considers it necessary.
(5) Rule of construction.--Nothing in this subsection shall
be construed to authorize the public disclosure of information
that is--
(A) specifically prohibited from disclosure by any
other provision of law;
(B) specifically required by Executive order to be
protected from disclosure in the interest of national
defense or national security or in the conduct of
foreign affairs; or
(C) a part of an ongoing criminal investigation.
(j) Report Coordination.--
(1) Submission to secretaries of state and defense.--The
Inspector General shall also submit each report required under
subsection (i) to the Secretary of State and the Secretary of
Defense.
(2) Submission to congress.--
(A) In general.--Not later than 30 days after
receipt of a report under paragraph (1), the Secretary
of State and the Secretary of Defense shall submit to
the appropriate congressional committees any comments
on the matters covered by the report. Such comments
shall be submitted in unclassified form, but may
include a classified annex if the Secretary of State or
the Secretary of Defense, as the case may be, considers
it necessary.
(B) Access.--On request, any Member of Congress may
view comments submitted under subparagraph (A),
including the classified annex.
(k) Transparency.--
(1) Report.--Not later than 60 days after submission to the
appropriate congressional committees of a report under
subsection (i), 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.
(2) Comments on matters covered by report.--Not later than
60 days after submission to the appropriate congressional
committees under subsection (j)(2)(A) of comments on a report
under subsection (i), the Secretary of State and the Secretary
of Defense shall jointly make copies of the comments available
to the public upon request, and at a reasonable cost.
(l) Waiver.--
(1) Authority.--The President may waive the requirement
under paragraph (1) or (2) of subsection (k) with respect to
availability to the public of any element in a report under
subsection (i), or any comment under subsection (j)(2)(A), if
the President determines that the waiver is justified for
national security reasons.
(2) Notice of waiver.--The President shall publish a notice
of each waiver made under this subsection in the Federal
Register no later than the date on which a report required
under subsection (i), or any comment under subsection
(j)(2)(A), is submitted to the appropriate congressional
committees. The report and comments shall specify whether
waivers under this subsection were made and with respect to
which elements in the report or which comments, as appropriate.
(3) Submission of comments.--The President may not waive
under this subsection subparagraph (A) or (B) of subsection
(j).
(m) Definitions.--In this section:
(1) Amounts appropriated or otherwise made available for
the military and nonmilitary support of ukraine.--The term
``amounts appropriated or otherwise made available for the
military and nonmilitary support of Ukraine'' means--
(A) amounts appropriated or otherwise made
available on or after January 1, 2022, for--
(i) the Ukraine Security Assistance
Initiative under section 1250 of the National
Defense Authorization Act for Fiscal Year 2016
(Public Law 11492; 129 Stat. 1608);
(ii) any foreign military financing
accessed by the Government of Ukraine;
(iii) the Presidential drawdown authority
under section 506(a) of the Foreign Assistance
Act of 1961 (22 U.S.C. 2318(a));
(iv) the defense institution building
program under section 332 of title 10, United
States Code;
(v) the building partner capacity program
under section 333 of title 10, United States
Code;
(vi) the International Military Education
and Training program of the Department of
State; and
(vii) the United States European Command;
and
(B) amounts appropriated or otherwise made
available on or after January 1, 2022, for the
military, economic, reconstruction, or humanitarian
support of Ukraine under any account or for any purpose
not described in subparagraph (A).
(2) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committees on Appropriations, the Committee
on Armed Services, the Committee on Foreign Relations,
and Committee on Homeland Security and Governmental
Affairs of the Senate; and
(B) the Committees on Appropriations, the Committee
on Armed Services, the Committee on Foreign Affairs,
and the Committee on Oversight and Accountability of
the House of Representatives.
(n) Authorization of Appropriations.--
(1) In general.--There is authorized to be appropriated
$70,000,000 for fiscal year 2023 to carry out this section.
(2) Offset.--The amount authorized to be appropriated for
fiscal year 2023 for the Ukraine Security Assistance Initiative
is hereby reduced by $70,000,000.
(o) Termination.--
(1) In general.--The Office of the Special Inspector
General for Ukraine Assistance shall terminate 180 days after
the date on which amounts appropriated or otherwise made
available for the military and nonmilitary support of Ukraine
that are unexpended are less than $250,000,000.
(2) Final report.--The Inspector General shall, prior to
the termination of the Office of the Special Inspector General
for Ukraine Assistance under paragraph (1), 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 and
nonmilitary support of Ukraine.
<all>
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118S652
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Safe Step Act
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<p><strong></strong><b>Safe Step Act</b></p> <p>This bill requires a group health plan to establish an exception to medication step-therapy protocol in specified cases. A medication step-therapy protocol establishes a specific sequence in which prescription drugs are covered by a group health plan or a health insurance issuer. </p> <p>A request for such an exception to the protocol must be granted if (1) an otherwise required treatment has been ineffective, (2) such treatment is expected to be ineffective and delaying effective treatment would lead to irreversible consequences, (3) such treatment will cause or is likely to cause an adverse reaction to the individual, (4) such treatment is expected to prevent the individual from performing daily activities or occupational responsibilities, (5) the individual is stable based on the prescription drugs already selected, or (6) there are other circumstances as determined by the Employee Benefits Security Administration.</p> <p>The bill requires a group health plan to implement and make readily available a clear process for an individual to request an exception to the protocol, including required information and criteria for granting an exception. The bill further specifies timelines under which plans must respond to such requests.</p>
|
<html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 652 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 652
To amend the Employee Retirement Income Security Act of 1974 to require
a group health plan or health insurance coverage offered in connection
with such a plan to provide an exceptions process for any medication
step therapy protocol, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
March 2, 2023
Ms. Murkowski (for herself, Ms. Hassan, Mr. Marshall, Ms. Rosen, Mr.
Tillis, Mr. Merkley, Mrs. Capito, Ms. Cortez Masto, Mrs. Hyde-Smith,
Mr. Blumenthal, Ms. Lummis, Ms. Smith, Mr. Cramer, Ms. Sinema, Ms.
Collins, Mr. Casey, Mr. Kaine, Mr. Wicker, and Mrs. Gillibrand)
introduced the following bill; which was read twice and referred to the
Committee on Health, Education, Labor, and Pensions
_______________________________________________________________________
A BILL
To amend the Employee Retirement Income Security Act of 1974 to require
a group health plan or health insurance coverage offered in connection
with such a plan to provide an exceptions process for any medication
step therapy protocol, and for other 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 Step Act''.
SEC. 2. REQUIRED EXCEPTIONS PROCESS FOR MEDICATION STEP THERAPY
PROTOCOLS.
(a) In General.--The Employee Retirement Income Security Act of
1974 is amended by inserting after section 713 of such Act (29 U.S.C.
1185b) the following new section:
``SEC. 713A. REQUIRED EXCEPTIONS PROCESS FOR MEDICATION STEP THERAPY
PROTOCOLS.
``(a) In General.--In the case of a group health plan or health
insurance coverage offered in connection with such a plan that provides
coverage of a prescription drug pursuant to a medication step therapy
protocol, the plan or coverage shall--
``(1) implement a clear and transparent process for a
participant or beneficiary (or the prescribing health care
provider on behalf of the participant or beneficiary) to
request an exception to such medication step therapy protocol,
pursuant to subsection (b); and
``(2) where the participant or beneficiary or prescribing
health care provider's request for an exception to the
medication step therapy protocols satisfies the criteria and
requirements of subsection (b), cover the requested drug in
accordance with the terms established by the health plan or
coverage for patient cost-sharing rates or amounts at the time
of the participant's or beneficiary's enrollment in the health
plan or health insurance coverage.
``(b) Circumstances for Exception Approval.--The circumstances
requiring an exception to a medication step therapy protocol, pursuant
to a request under subsection (a), are any of the following:
``(1) Any treatments otherwise required under the protocol,
or treatments in the same pharmacological class or having the
same mechanism of action, have been ineffective in the
treatment of the disease or condition of the participant or
beneficiary, when prescribed consistent with clinical
indications, clinical guidelines, or other peer-reviewed
evidence.
``(2) Delay of effective treatment would lead to severe or
irreversible consequences, and the treatment otherwise required
under the protocol is reasonably expected to be ineffective
based upon the documented physical or mental characteristics of
the participant or beneficiary and the known characteristics of
such treatment.
``(3) Any treatments otherwise required under the protocol
are contraindicated for the participant or beneficiary or have
caused, or are likely to cause, based on clinical, peer-
reviewed evidence, an adverse reaction or other physical harm
to the participant or beneficiary.
``(4) Any treatment otherwise required under the protocol
has prevented, will prevent, or is likely to prevent a
participant or beneficiary from achieving or maintaining
reasonable and safe functional ability in performing
occupational responsibilities or activities of daily living (as
defined in section 441.505 of title 42, Code of Federal
Regulations (or successor regulations)).
``(5) The participant or beneficiary is stable for his or
her disease or condition on the prescription drug or drugs
selected by the prescribing health care provider and has
previously received approval for coverage of the relevant drug
or drugs for the disease or condition by any group health plan
or health insurance issuer.
``(6) Other circumstances, as determined by the Secretary.
``(c) Requirement of a Clear Process.--
``(1) In general.--The process required by subsection (a)--
``(A) shall provide the prescribing health care
provider or beneficiary or designated third-party
advocate an opportunity to present such provider's
clinical rationale and relevant medical information for
the group health plan or health insurance issuer to
evaluate such request for exception;
``(B) shall clearly set forth all required
information and the specific criteria that will be used
to determine whether an exception is warranted, which
may require disclosure of--
``(i) the medical history or other health
records of the participant or beneficiary
demonstrating that the participant or
beneficiary seeking an exception--
``(I) has tried other drugs
included in the drug therapy class
without success; or
``(II) has taken the requested drug
for a clinically appropriate amount of
time to establish stability, in
relation to the condition being treated
and prescription guidelines given by
the prescribing physician; or
``(ii) other clinical information that may
be relevant to conducting the exception review;
``(C) may not require the submission of any
information or supporting documentation beyond what is
strictly necessary to determine whether any of the
circumstances listed in subsection (b) exists; and
``(D) shall clearly outline conditions under which
an exception request warrants expedited resolution from
the group health plan or health insurance issuer,
pursuant to subsection (d)(2).
``(2) Availability of process information.--The group
health plan or health insurance issuer shall make information
regarding the process required under subsection (a) readily
available on the internet website of the group health plan or
health insurance issuer. Such information shall include--
``(A) the requirements for requesting an exception
to a medication step therapy protocol pursuant to this
section; and
``(B) any forms, supporting information, and
contact information, as appropriate.
``(d) Timing for Determination of Exception.--The process required
under subsection (a)(1) shall provide for the disposition of requests
received under such paragraph in accordance with the following:
``(1) Subject to paragraph (2), not later than 72 hours
after receiving an initial exception request, the plan or
issuer shall respond to the requesting prescriber with either a
determination of exception eligibility or a request for
additional required information strictly necessary to make a
determination of whether the conditions specified in subsection
(b) are met. The plan or issuer shall respond to the requesting
provider with a determination of exception eligibility no later
than 72 hours after receipt of the additional required
information.
``(2) In the case of a request under circumstances in which
the applicable medication step therapy protocol may seriously
jeopardize the life or health of the participant or
beneficiary, the plan or issuer shall conduct a review of the
request and respond to the requesting prescriber with either a
determination of exception eligibility or a request for
additional required information strictly necessary to make a
determination of whether the conditions specified in subsection
(b) are met, in accordance with the following:
``(A) If the plan or issuer can make a
determination of exception eligibility without
additional information, such determination shall be
made on an expedited basis, and no later than 24 hours
after receipt of such request.
``(B) If the plan or issuer requires additional
information before making a determination of exception
eligibility, the plan or issuer shall respond to the
requesting provider with a request for such information
within 24 hours of the request for a determination, and
shall respond with a determination of exception
eligibility as quickly as the condition or disease
requires, and no later than 24 hours after receipt of
the additional required information.
``(e) Medication Step Therapy Protocol.--In this section, the term
`medication step therapy protocol' means a drug therapy utilization
management protocol or program under which a group health plan or
health insurance issuer offering group health insurance coverage of
prescription drugs requires a participant or beneficiary to try an
alternative preferred, prescription drug or drugs before the plan or
health insurance issuer approves coverage for the non-preferred drug
therapy prescribed.
``(f) Clarification.--This section shall apply with respect to any
group health plan or health insurance coverage offered in connection
with such a plan that provides coverage of a prescription drug pursuant
to a policy that meets the definition of the term `medication step
therapy protocol' in subsection (e), regardless of whether such policy
is described by such group health plan or health insurance coverage as
a step therapy protocol.''.
(b) Clerical Amendment.--The table of contents in section 1 of the
Employee Retirement Income Security Act of 1974 (29 U.S.C. 1001 et
seq.) is amended by inserting after the item relating to section 713
the following new items:
``Sec. 713A. Required exceptions process for medication step therapy
protocols.''.
(c) Effective Date.--
(1) In general.--The amendment made by subsection (a)
applies with respect to plan years beginning with the first
plan year that begins at least 6 months after the date of the
enactment of this Act.
(2) Regulations.--Not later than 6 months after the date of
the enactment of this Act, the Secretary of Labor shall issue
final regulations, through notice and comment rulemaking, to
implement the provisions of section 713A of the Employee
Retirement Income Security Act of 1974, as added by subsection
(a).
<all>
</pre></body></html>
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118S653
|
Freedom to Export to Cuba Act of 2023
|
[
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[
"D000563",
"Sen. Durbin, Richard J. [D-IL]",
"cosponsor"
]
] |
<html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 653 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 653
To lift the trade embargo on Cuba.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
March 2, 2023
Ms. Klobuchar (for herself, Mr. Moran, Mr. Murphy, Mr. Marshall, and
Ms. Warren) introduced the following bill; which was read twice and
referred to the Committee on Banking, Housing, and Urban Affairs
_______________________________________________________________________
A BILL
To lift the trade embargo on Cuba.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Freedom to Export to Cuba Act of
2023''.
SEC. 2. REMOVAL OF PROVISIONS RESTRICTING TRADE AND OTHER RELATIONS
WITH CUBA.
(a) Authority for Embargo.--
(1) In general.--Section 620(a) of the Foreign Assistance
Act of 1961 (22 U.S.C. 2370(a)) is amended by striking ``(1) No
assistance'' and all that follows through ``(2) Except'' and
inserting ``Except''.
(2) Conforming amendment.--Section 1709 of the Cuban
Democracy Act of 1992 (22 U.S.C. 6008) is amended by striking
``section 620(a)(2)'' and inserting ``section 620(a)''.
(b) Trading With the Enemy Act.--
(1) In general.--The authorities conferred upon the
President by section 5(b) of the Trading With the Enemy Act (50
U.S.C. 4305(b)), which were being exercised with respect to
Cuba on July 1, 1977, as a result of a national emergency
declared by the President before that date, and are being
exercised on the day before the date of the enactment of this
Act, may not be relied upon on or after such date of enactment
to continue the imposition of direct restrictions on trade with
Cuba.
(2) Regulations.--Any regulation that imposes direct
restrictions on trade with Cuba in effect on the day before the
date of the enactment of this Act pursuant to the exercise of
authorities described in paragraph (1) shall cease to be
effective for that purpose on and after such date of enactment.
(c) Exercise of Authorities Under Other Provisions of Law.--
(1) Removal of prohibitions.--Any prohibition on exports to
Cuba that is in effect on the day before the date of the
enactment of this Act under the Export Administration Act of
1979 (Public Law 96-72; 93 Stat. 503) or the Export Control
Reform Act of 2018 (50 U.S.C. 4801 et seq.) shall cease to be
effective on and after such date of enactment.
(2) Authority for new restrictions.--The President may, on
and after the date of the enactment of this Act--
(A) impose export controls with respect to Cuba
under section 1753 or 1754(c) of the Export Control
Reform Act of 2018 (50 U.S.C. 4812 and 4813(c)); and
(B) exercise the authorities the President has
under the International Emergency Economic Powers Act
(50 U.S.C. 1701 et seq.) with respect to Cuba pursuant
to a declaration of national emergency required by that
Act that is made on account of an unusual and
extraordinary threat to the national security, foreign
policy, or economy of the United States, that did not
exist before the date of the enactment of this Act.
(d) Cuban Democracy Act.--
(1) In general.--The Cuban Democracy Act of 1992 (22 U.S.C.
6001 et seq.) is amended--
(A) by striking section 1704 (22 U.S.C. 6003);
(B) in section 1705(e) (22 U.S.C. 6004(e))--
(i) by striking paragraph (5); and
(ii) by redesignating paragraph (6) as
paragraph (5);
(C) by striking section 1706 (22 U.S.C. 6005); and
(D) by striking section 1708 (22 U.S.C. 6007).
(2) Conforming amendment.--Paragraph (3) of section 204(b)
of the Cuban Liberty and Democratic Solidarity (LIBERTAD) Act
of 1996 (22 U.S.C. 6064(b)) is amended to read as follows:
``(3) section 1705(d) of the Cuban Democracy Act of 1992
(22 U.S.C. 6004(d));''.
(e) Cuban Liberty and Democratic Solidarity Act.--
(1) In general.--The Cuban Liberty and Democratic
Solidarity (LIBERTAD) Act of 1996 (22 U.S.C. 6021 et seq.) is
amended--
(A) by striking sections 101 through 108;
(B) in section 109(a) (22 U.S.C. 6039(a)), by
striking ``(including section 102 of this Act)'';
(C) by striking sections 110 through 116; and
(D) by striking title II (22 U.S.C. 6061 et seq.).
(2) Conforming amendment.--Section 606 of the Illegal
Immigration Reform and Immigrant Responsibility Act of 1996
(Public Law 104-208; 8 U.S.C. 1255 note) is repealed.
(f) Trade Sanctions Reform and Export Enhancement Act of 2000.--The
Trade Sanctions Reform and Export Enhancement Act of 2000 (22 U.S.C.
7201 et seq.) is amended--
(1) in section 906(a)(1) (22 U.S.C. 7205(a)(1)), by
striking ``Cuba,'';
(2) in section 908 (22 U.S.C. 7207)--
(A) by striking subsection (b);
(B) in subsection (a)--
(i) by striking ``Prohibition'' and all
that follows through ``(1) In general.--
Notwithstanding'' and inserting ``In General.--
Notwithstanding'';
(ii) by striking ``for exports to Cuba
or'';
(iii) by striking paragraph (2); and
(iv) by redesignating paragraph (3) as
subsection (b) and by moving such subsection,
as so redesignated, 2 ems to the left; and
(C) in subsection (b), as redesignated by
subparagraph (B)(iv), by striking ``paragraph (1)'' and
inserting ``subsection (a)''; and
(3) by striking section 909 (22 U.S.C. 7208).
<all>
</pre></body></html>
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|
118S654
|
Delaware River Basin Conservation Reauthorization Act of 2023
|
[
[
"C000174",
"Sen. Carper, Thomas R. [D-DE]",
"sponsor"
],
[
"B001288",
"Sen. Booker, Cory A. [D-NJ]",
"cosponsor"
],
[
"C000141",
"Sen. Cardin, Benjamin L. [D-MD]",
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],
[
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"Sen. Casey, Robert P., Jr. [D-PA]",
"cosponsor"
],
[
"C001088",
"Sen. Coons, Christopher A. [D-DE]",
"cosponsor"
]
] |
<p><strong>Delaware River Basin Conservation Reauthorization Act of 2023</strong></p> <p>This bill reauthorizes the Delaware River Basin Restoration Program and increases the federal cost share for certain grant projects. The bill also adds Maryland to the current list of basin states: Delaware, New Jersey, New York, and Pennsylvania.</p> <p>The bill specifically extends the Delaware River Basin Restoration Program through FY2030 and increases the federal cost share of a grant project that serves a small, rural, or disadvantaged community to 90% of the total cost of the project. However, the federal share may be increased to 100% of the project's total cost if the grant recipient is unable to pay, or would experience significant financial hardship if required to pay, the nonfederal share.</p>
|
<html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 654 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 654
To amend the Water Infrastructure Improvements for the Nation Act to
reauthorize Delaware River Basin conservation programs, and for other
purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
March 6, 2023
Mr. Carper (for himself, Mr. Booker, Mr. Cardin, Mr. Casey, and Mr.
Coons) introduced the following bill; which was read twice and referred
to the Committee on Environment and Public Works
_______________________________________________________________________
A BILL
To amend the Water Infrastructure Improvements for the Nation Act to
reauthorize Delaware River Basin conservation 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 ``Delaware River Basin Conservation
Reauthorization Act of 2023''.
SEC. 2. DELAWARE RIVER BASIN CONSERVATION REAUTHORIZATION.
(a) Findings.--Section 3501(2) of the Water Infrastructure
Improvements for the Nation Act (Public Law 114-322; 130 Stat. 1771) is
amended by inserting ``Maryland,'' after ``Delaware,''.
(b) Definitions of Basin and Basin State.--Section 3502 of the
Water Infrastructure Improvements for the Nation Act (Public Law 114-
322; 130 Stat. 1773) is amended--
(1) in paragraph (1)--
(A) by striking ``4-State'' and inserting ``5-
State''; and
(B) by inserting ``Maryland,'' after ``Delaware,'';
and
(2) in paragraph (2), by inserting ``Maryland,'' after
``Delaware,''.
(c) Cost Sharing.--Section 3504(c)(1) of the Water Infrastructure
Improvements for the Nation Act (Public Law 114-322; 130 Stat. 1775) is
amended--
(1) by striking ``The Federal share'' and inserting the
following:
``(A) In general.--Except as provided in
subparagraph (B), the Federal share''; and
(2) by adding at the end the following:
``(B) Small, rural, and disadvantaged
communities.--
``(i) In general.--Subject to clause (ii),
the Federal share of the cost of a project
funded under the grant program that serves a
small, rural, or disadvantaged community shall
be 90 percent of the total cost of the project,
as determined by the Secretary.
``(ii) Waiver.--The Secretary may increase
the Federal share under clause (i) to 100
percent of the total cost of the project if the
Secretary determines that the grant recipient
is unable to pay, or would experience
significant financial hardship if required to
pay, the non-Federal share.''.
(d) Sunset.--Section 3507 of the Water Infrastructure Improvements
for the Nation Act (Public Law 114-322; 130 Stat. 1775) is amended by
striking ``2023'' and inserting ``2030''.
<all>
</pre></body></html>
|
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118S655
|
Chronic Disease Management Act of 2023
|
[
[
"T000250",
"Sen. Thune, John [R-SD]",
"sponsor"
],
[
"C000174",
"Sen. Carper, Thomas R. [D-DE]",
"cosponsor"
],
[
"B001305",
"Sen. Budd, Ted [R-NC]",
"cosponsor"
]
] |
<p><b>Chronic Disease Management Act of 2023</b></p> <p> This bill modifies requirements for health savings accounts (HSAs) to permit the high deductible health plans required for an HSA to provide care for chronic conditions with no deductible. The bill covers any preventive care service or item used to treat a chronic condition if (1) such service or item is low-cost, (2) there is medical evidence of the effectiveness of such service or item, and (3) there is a strong likelihood that the use of such service or item will prevent the exacerbation of the chronic condition or the development of a secondary condition that requires significantly higher cost treatment. The bill further provides that an individual who has been prescribed preventive care for any chronic condition may be presumed to have been diagnosed with such condition if such preventive care is customarily prescribed for such condition.</p>
|
<html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 655 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 655
To amend the Internal Revenue Code of 1986 to permit high deductible
health plans to provide chronic disease prevention services to plan
enrollees prior to satisfying their plan deductible.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
March 6, 2023
Mr. Thune (for himself and Mr. Carper) 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 high deductible
health plans to provide chronic disease prevention services to plan
enrollees prior to satisfying their plan deductible.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Chronic Disease Management Act of
2023''.
SEC. 2. CHRONIC DISEASE PREVENTION.
(a) In General.--Section 223(c)(2) of the Internal Revenue Code of
1986 is amended by adding at the end the following:
``(F) Preventive care services and items for
chronic conditions.--For purposes of subparagraph (C)--
``(i) preventive care shall include any
service or item used to treat an individual
with a chronic condition if--
``(I) such service or item is low-
cost,
``(II) in regards to such service
or item, there is medical evidence
supporting high cost efficiency of
preventing exacerbation of the chronic
condition or the development of a
secondary condition, and
``(III) there is a strong
likelihood, documented by clinical
evidence, that with respect to the
class of individuals utilizing such
service or item, the specific service
or use of the item will prevent the
exacerbation of the chronic condition
or the development of a secondary
condition that requires significantly
higher cost treatments, and
``(ii) an individual who has been
prescribed preventive care for any chronic
condition may be presumed to have been
diagnosed with such condition if such
preventive care is customarily prescribed for
such condition.''.
(b) Effective Date.--The amendment made by this section shall apply
to coverage for months beginning after the date of the enactment of
this Act.
<all>
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118S656
|
Veteran Improvement Commercial Driver License Act of 2023
|
[
[
"F000463",
"Sen. Fischer, Deb [R-NE]",
"sponsor"
],
[
"P000145",
"Sen. Padilla, Alex [D-CA]",
"cosponsor"
],
[
"K000383",
"Sen. King, Angus S., Jr. [I-ME]",
"cosponsor"
],
[
"B001243",
"Sen. Blackburn, Marsha [R-TN]",
"cosponsor"
]
] |
<html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 656 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 656
To amend title 38, United States Code, to revise the rules for approval
by the Secretary of Veterans Affairs of commercial driver education
programs for purposes of veterans educational assistance, and for other
purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
March 6, 2023
Mrs. Fischer (for herself and Mr. Padilla) 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 revise the rules for approval
by the Secretary of Veterans Affairs of commercial driver education
programs for purposes of veterans educational 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 ``Veteran Improvement Commercial
Driver License Act of 2023''.
SEC. 2. MODIFICATION OF RULES FOR APPROVAL OF COMMERCIAL DRIVER
EDUCATION PROGRAMS FOR PURPOSES OF VETERANS EDUCATIONAL
ASSISTANCE.
(a) In General.--Section 3680A(e) of title 38, United States Code,
is amended--
(1) by redesignating paragraphs (1) through (3) as
subparagraphs (A) though (C), respectively;
(2) in the matter before subparagraph (A), as redesignated
by paragraph (1), by inserting ``(1)'' before ``The
Secretary'';
(3) in paragraph (1)(B), as redesignated by paragraph (1),
by inserting ``except as provided in paragraph (2),'' before
``the course''; and
(4) by adding at the end the following new paragraph (2):
``(2)(A) Subject to this paragraph, a commercial driver education
program is exempt from paragraph (1)(B) for a branch of an educational
institution if the commercial driver education program offered at the
branch by the educational institution--
``(i) is appropriately licensed; and
``(ii) uses the same curriculum as a commercial driver
education program offered by the educational institution at
another location that is approved for purposes of this chapter
by a State approving agency or the Secretary when acting in the
role of a State approving agency.
``(B)(i) In order for a commercial driver education program of an
educational institution offered at a branch described in paragraph
(1)(B) to be exempt under subparagraph (A) of this paragraph, the
educational institution shall submit to the Secretary each year that
paragraph (1)(B) would otherwise apply a report that demonstrates that
the curriculum at the new branch is the same as the curriculum at the
primary location.
``(ii) Reporting under clause (i) shall be submitted in accordance
with such requirements as the Secretary shall establish in consultation
with the State approving agencies.
``(C)(i) The Secretary may withhold an exemption under subparagraph
(A) for any educational institution or branch of an educational
institution as the Secretary considers appropriate.
``(ii) In making any determination under clause (i), the Secretary
may consult with the Secretary of Transportation on the performance of
a provider of a commercial driver program, including the status of the
provider within the Training Provider Registry of the Federal Motor
Carrier Safety Administration when appropriate.''.
(b) Implementation.--
(1) Establishment of requirements.--Not later than 180 days
after the date of the enactment of this Act, the Secretary of
Veterans Affairs shall establish requirements under section
3680A(e)(2)(B)(ii) of such title, as added by subsection (a).
(2) Applicability.--The amendments made by subsection (a)
shall apply to commercial driver education programs on and
after the date that is 180 days after the date on which the
Secretary establishes the requirements under paragraph (1) of
this subsection.
<all>
</pre></body></html>
|
[
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|
118S657
|
Neighborhood Homes Investment Act
|
[
[
"C000141",
"Sen. Cardin, Benjamin L. [D-MD]",
"sponsor"
],
[
"Y000064",
"Sen. Young, Todd [R-IN]",
"cosponsor"
],
[
"W000779",
"Sen. Wyden, Ron [D-OR]",
"cosponsor"
],
[
"M000934",
"Sen. Moran, Jerry [R-KS]",
"cosponsor"
],
[
"B000944",
"Sen. Brown, Sherrod [D-OH]",
"cosponsor"
],
[
"C001088",
"Sen. Coons, Christopher A. [D-DE]",
"cosponsor"
],
[
"C001113",
"Sen. Cortez Masto, Catherine [D-NV]",
"cosponsor"
],
[
"C001047",
"Sen. Capito, Shelley Moore [R-WV]",
"cosponsor"
],
[
"C001096",
"Sen. Cramer, Kevin [R-ND]",
"cosponsor"
]
] |
<html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 657 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 657
To amend the Internal Revenue Code of 1986 to establish a tax credit
for neighborhood revitalization, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
March 6, 2023
Mr. Cardin (for himself, Mr. Young, Mr. Wyden, Mr. Moran, and Mr.
Brown) 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 a tax credit
for neighborhood revitalization, and for other 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 ``Neighborhood Homes Investment Act''.
SEC. 2. FINDINGS AND SENSE OF CONGRESS.
(a) Findings.--Congress finds the following:
(1) Experts have determined that it could take nearly a
decade to address the housing shortage in the United States, in
large part due to increasing housing prices and decreased
housing inventory.
(2) The housing supply shortage disproportionately impacts
low-income and distressed communities.
(3) Homeownership is a primary source of household wealth
and neighborhood stability. Many distressed communities have
low rates of homeownership and lack quality, affordable starter
homes.
(4) Housing revitalization in distressed communities is
prevented by the value gap, the difference between the price to
rehabilitate a home and the sale value of the home.
(5) The Neighborhood Homes Investment Act can address the
value gap to increase housing rehabilitation in distressed
communities.
(6) The Neighborhood Homes Investment Act has the potential
to generate 500,000 homes over 10 years, $125,000,000,000 of
total development activity, over 800,000 jobs in construction
and construction-related industries, and over $35,000,000,000
in Federal, state, and local tax revenues.
(b) Sense of Congress.--It is the sense of Congress that the
neighborhood homes credit (as added under section 3 of this Act) should
be an activity administered in a manner which--
(1) is consistent with the Fair Housing Act of 1968 (42
U.S.C. 3601 et seq.);
(2) empowers residents in eligible communities; and
(3) revitalizes distressed neighborhoods.
SEC. 3. NEIGHBORHOOD HOMES CREDIT.
(a) In General.--Subpart D of part IV of subchapter A of chapter 1
of the Internal Revenue Code of 1986 is amended by inserting after
section 42 the following new section:
``SEC. 42A. NEIGHBORHOOD HOMES CREDIT.
``(a) Allowance of Credit.--For purposes of section 38, the
neighborhood homes credit determined under this section for the taxable
year is, with respect to each qualified residence sold by the taxpayer
during such taxable year in an affordable sale, the lesser of--
``(1) an amount equal to--
``(A) the excess (if any) of--
``(i) the reasonable development costs paid
or incurred by the taxpayer with respect to
such qualified residence, over
``(ii) the sale price of such qualified
residence (reduced by any reasonable expenses
paid or incurred by the taxpayer in connection
with such sale), or
``(B) if the neighborhood homes credit agency
determines it is necessary to ensure financial
feasibility, an amount not to exceed 120 percent of the
amount under subparagraph (A),
``(2) 35 percent of the eligible development costs paid or
incurred by the taxpayer with respect to such qualified
residence, or
``(3) 28 percent of the national median sale price for new
homes (as determined pursuant to the most recent census data
available as of the date on which the neighborhood homes credit
agency makes an allocation for the qualified project).
``(b) Development Costs.--For purposes of this section--
``(1) Reasonable development costs.--
``(A) In general.--The term `reasonable development
costs' means amounts paid or incurred for the
acquisition of buildings and land, construction,
substantial rehabilitation, demolition of structures,
or environmental remediation, to the extent that the
neighborhood homes credit agency determines that such
amounts meet the standards specified pursuant to
subsection (f)(1)(C) (as of the date on which
construction or substantial rehabilitation is
substantially complete, as determined by such agency)
and are necessary to ensure the financial feasibility
of such qualified residence.
``(B) Considerations in making determination.--In
making the determination under subparagraph (A), the
neighborhood homes credit agency shall consider--
``(i) the sources and uses of funds and the
total financing,
``(ii) any proceeds or receipts generated
or expected to be generated by reason of tax
benefits, and
``(iii) the reasonableness of the
developmental costs and fees.
``(2) Eligible development costs.--The term `eligible
development costs' means the amount which would be reasonable
development costs if the amounts taken into account as paid or
incurred for the acquisition of buildings and land did not
exceed 75 percent of such costs determined without regard to
any amount paid or incurred for the acquisition of buildings
and land.
``(3) Substantial rehabilitation.--The term `substantial
rehabilitation' means amounts paid or incurred for
rehabilitation of a qualified residence if such amounts exceed
the greater of--
``(A) $20,000, or
``(B) 20 percent of the amounts paid or incurred by
the taxpayer for the acquisition of buildings and land
with respect to such qualified residence.
``(4) Construction and rehabilitation only after allocation
taken into account.--
``(A) In general.--The terms `reasonable
development costs' and `eligible development costs'
shall not include any amount paid or incurred before
the date on which an allocation is made to the taxpayer
under subsection (e) with respect to the qualified
project of which the qualified residence is part unless
such amount is paid or incurred for the acquisition of
buildings or land.
``(B) Land and building acquisition costs.--Amounts
paid or incurred for the acquisition of buildings or
land shall be included under paragraph (A) only if paid
or incurred not more than 3 years before the date on
which the allocation referred to in subparagraph (A) is
made. If the taxpayer acquired any building or land
from an entity (or any related party to such entity)
that holds an ownership interest in the taxpayer, then
such entity must also have acquired such property
within such 3-year period, and the acquisition cost
included under subparagraph (A) with respect to the
taxpayer shall not exceed the amount such entity paid
or incurred to acquire such property.
``(c) Qualified Residence.--For purposes of this section--
``(1) In general.--The term `qualified residence' means a
residence that--
``(A) is real property affixed on a permanent
foundation,
``(B) is--
``(i) a house which is comprised of 4 or
fewer residential units,
``(ii) a condominium unit, or
``(iii) a house or an apartment owned by a
cooperative housing corporation (as defined in
section 216(b)),
``(C) is part of a qualified project with respect
to which the neighborhood homes credit agency has made
an allocation under subsection (e), and
``(D) is located in a qualified census tract
(determined as of the date of such allocation).
``(2) Qualified census tract.--
``(A) In general.--The term `qualified census
tract' means a census tract--
``(i) which--
``(I) has a median family income
which does not exceed 80 percent of the
median family income for the applicable
area,
``(II) has a poverty rate that is
not less than 130 percent of the
poverty rate of the applicable area,
and
``(III) has a median value for
owner-occupied homes that does not
exceed the median value for owner-
occupied homes in the applicable area,
``(ii) which--
``(I) is located in a city which
has a population of not less than
50,000 and such city has a poverty rate
that is not less than 150 percent of
the poverty rate of the applicable
area,
``(II) has a median family income
which does not exceed the median family
income for the applicable area, and
``(III) has a median value for
owner-occupied homes that does not
exceed 80 percent of the median value
for owner-occupied homes in the
applicable area,
``(iii) which--
``(I) is located in a
nonmetropolitan county,
``(II) has a median family income
which does not exceed the median family
income for the applicable area, and
``(III) has been designated by a
neighborhood homes credit agency under
this clause, or
``(iv) which is not otherwise a qualified
census tract and is located in a disaster area
(as defined in section 7508A(d)(3)), but only
with respect to credits allocated in any period
during which the President of the United States
has determined that such area warrants
individual or individual and public assistance
by the Federal Government under the Robert T.
Stafford Disaster Relief and Emergency
Assistance Act.
``(B) Applicable area.--The term `applicable area'
means--
``(i) in the case of a metropolitan census
tract, the metropolitan area in which such
census tract is located, and
``(ii) in the case of a census tract other
than a census tract described in clause (i),
the State.
``(d) Affordable Sale.--For purposes of this section--
``(1) In general.--The term `affordable sale' means a sale
to a qualified homeowner of a qualified residence that the
neighborhood homes credit agency certifies as meeting the
standards promulgated under subsection (f)(1)(D) for a price
that does not exceed--
``(A) in the case of any qualified residence not
described in subparagraph (B), (C), or (D), the amount
equal to the product of 4 multiplied by the median
family income for the applicable area (as determined
pursuant to the most recent census data available as of
the date of the contract for such sale),
``(B) in the case of a house comprised of 2
residential units, 125 percent of the amount described
in subparagraph (A),
``(C) in the case of a house comprised of 3
residential units, 150 percent of the amount described
in subparagraph (A), or
``(D) in the case of a house comprised of 4
residential units, 175 percent of the amount described
in subparagraph (A).
``(2) Qualified homeowner.--The term `qualified homeowner'
means, with respect to a qualified residence, an individual--
``(A) who owns and uses such qualified residence as
the principal residence of such individual, and
``(B) whose family income (determined as of the
date that a binding contract for the affordable sale of
such residence is entered into) is 140 percent or less
of the median family income for the applicable area in
which the qualified residence is located.
``(e) Credit Ceiling and Allocations.--
``(1) Credit limited based on allocations to qualified
projects.--
``(A) In general.--The credit allowed under
subsection (a) to any taxpayer for any taxable year
with respect to one or more qualified residences which
are part of the same qualified project shall not exceed
the excess (if any) of--
``(i) the amount allocated by the
neighborhood homes credit agency under this
paragraph to such taxpayer with respect to such
qualified project, over
``(ii) the aggregate amount of credit
allowed under subsection (a) to such taxpayer
with respect to qualified residences which are
a part of such qualified project for all prior
taxable years.
``(B) Deadline for completion.--No credit shall be
allowed under subsection (a) with respect to any
qualified residence unless the affordable sale of such
residence is during the 5-year period beginning on the
date of the allocation to the qualified project of
which such residence is a part (or, in the case of a
qualified residence to which subsection (i) applies,
the rehabilitation of such residence is completed
during such 5-year period).
``(2) Limitations on allocations to qualified projects.--
``(A) Allocations limited by state neighborhood
homes credit ceiling.--The aggregate amount allocated
to taxpayers with respect to qualified projects by the
neighborhood homes credit agency of any State for any
calendar year shall not exceed the State neighborhood
homes credit amount of such State for such calendar
year.
``(B) Set-aside for certain projects involving
qualified nonprofit organizations.--Rules similar to
the rules of section 42(h)(5) shall apply for purposes
of this section.
``(3) Determination of state neighborhood homes credit
ceiling.--
``(A) In general.--The State neighborhood homes
credit amount for a State for a calendar year is an
amount equal to the sum of--
``(i) the greater of--
``(I) the product of $7, multiplied
by the State population (determined in
accordance with section 146(j)), or
``(II) $9,000,000, and
``(ii) any amount previously allocated to
any taxpayer with respect to any qualified
project by the neighborhood homes credit agency
of such State which can no longer be allocated
to any qualified residence because the 5-year
period described in paragraph (1)(B) expires
during calendar year.
``(B) 3-year carryforward of unused limitation.--
The State neighborhood homes credit amount for a State
for a calendar year shall be increased by the excess
(if any) of the State neighborhood homes credit amount
for such State for the preceding calendar year over the
aggregate amount allocated by the neighborhood homes
credit agency of such State during such preceding
calendar year. Any amount carried forward under the
preceding sentence shall not be carried past the third
calendar year after the calendar year in which such
credit amount originally arose, determined on a first-
in, first-out basis.
``(f) Responsibilities of Neighborhood Homes Credit Agencies.--
``(1) In general.--Notwithstanding subsection (e), the
State neighborhood homes credit dollar amount shall be zero for
a calendar year unless the neighborhood homes credit agency of
the State--
``(A) allocates such amount pursuant to a qualified
allocation plan of the neighborhood homes credit
agency,
``(B) allocates not more than 20 percent of amounts
allocated in the previous year (or for allocations made
in 2023, not more than 20 percent of the neighborhood
homes credit ceiling for such year) to projects with
respect to qualified residences which--
``(i) are located in census tracts
described in subsection (c)(2)(A)(iii),
(c)(2)(A)(iv), (i)(5), or
``(ii) are not located in a qualified
census tract but meet the requirements of
subsection (i)(8),
``(C) promulgates standards with respect to
reasonable qualified development costs and fees,
``(D) promulgates standards with respect to
construction quality,
``(E) in the case of any neighborhood homes credit
agency which makes an allocation to a qualified project
which includes any qualified residence to which
subsection (i) applies, promulgates standards with
respect to protecting the owners of such residences,
including the capacity of such owners to pay
rehabilitation costs not covered by the credit provided
by this section and providing for the disclosure to
such owners of their rights and responsibilities with
respect to the rehabilitation of such residences,
``(F) submits to the Secretary (at such time and in
such manner as the Secretary may prescribe) an annual
report specifying--
``(i) the amount of the neighborhood homes
credits allocated to each qualified project for
the previous year,
``(ii) with respect to each qualified
residence completed in the preceding calendar
year--
``(I) the census tract in which
such qualified residence is located,
``(II) with respect to the
qualified project that includes such
qualified residence, the year in which
such project received an allocation
under this section,
``(III) whether such qualified
residence was new, substantially
rehabilitated and sold to a qualified
homeowner, or substantially
rehabilitated pursuant to subsection
(i),
``(IV) the eligible development
costs of such qualified residence,
``(V) the amount of the
neighborhood homes credit with respect
to such qualified residence,
``(VI) the sales price of such
qualified residence, if applicable, and
``(VII) the family income of the
qualified homeowner (expressed as a
percentage of the applicable area
median family income for the location
of the qualified residence), and
``(iii) such other information as the
Secretary may require, and
``(G) makes available to the general public a
written explanation for any allocation of a
neighborhood homes credit dollar amount which is not
made in accordance with established priorities and
selection criteria of the neighborhood homes credit
agency.
Subparagraph (B) shall be applied by substituting `40 percent'
for `20 percent' each place it appears in the case of any State
in which at least 45 percent of the State population resides
outside metropolitan statistical areas (within the meaning of
section 143(k)(2)(B)) and less than 20 percent of the census
tracts located in the State are described in subsection
(c)(2)(A)(i).
``(2) Qualified allocation plan.--For purposes of this
subsection, the term `qualified allocation plan' means any plan
which--
``(A) sets forth the selection criteria to be used
to prioritize qualified projects for allocations of
State neighborhood homes credit dollar amounts,
including--
``(i) the need for new or substantially
rehabilitated owner-occupied homes in the area
addressed by the project,
``(ii) the expected contribution of the
project to neighborhood stability and
revitalization, including the impact on
neighborhood residents,
``(iii) the capability and prior
performance of the project sponsor, and
``(iv) the likelihood the project will
result in long-term homeownership,
``(B) has been made available for public comment,
and
``(C) provides a procedure that the neighborhood
homes credit agency (or any agent or contractor of such
agency) shall follow for purposes of--
``(i) identifying noncompliance with any
provisions of this section, and
``(ii) notifying the Internal Revenue
Service of any such noncompliance of which the
agency becomes aware.
``(g) Repayment.--
``(1) In general.--
``(A) Sold during 5-year period.--If a qualified
residence is sold during the 5-year period beginning
immediately after the affordable sale of such qualified
residence referred to in subsection (a), the seller
shall transfer an amount equal to the repayment amount
to the relevant neighborhood homes credit agency.
``(B) Use of repayments.--A neighborhood homes
credit agency shall use any amount received pursuant to
subparagraph (A) only for purposes of qualified
projects.
``(2) Repayment amount.--For purposes of paragraph (1)(A)--
``(A) In general.--The repayment amount is an
amount equal to the applicable percentage of the gain
from the sale to which the repayment relates.
``(B) Applicable percentage.--For purposes of
subparagraph (A), the applicable percentage is 50
percent, reduced by 10 percentage points for each year
of the 5-year period referred to in paragraph (1)(A)
which ends before the date of such sale.
``(3) Lien for repayment amount.--A neighborhood homes
credit agency receiving an allocation under this section shall
place a lien on each qualified residence that is built or
rehabilitated as part of a qualified project for an amount such
agency deems necessary to ensure potential repayment pursuant
to paragraph (1)(A).
``(4) Waiver.--
``(A) In general.--The neighborhood homes credit
agency may waive the repayment required under paragraph
(1)(A) if the agency determines that making a repayment
would constitute a hardship to the seller.
``(B) Hardship.--For purposes of subparagraph (A),
with respect to the seller, a hardship may include--
``(i) divorce,
``(ii) disability,
``(iii) illness, or
``(iv) any other hardship identified by the
neighborhood homes credit agency for purposes
of this paragraph.
``(h) Other Definitions and Special Rules.--For purposes of this
section--
``(1) Neighborhood homes credit agency.--The term
`neighborhood homes credit agency' means the agency designated
by the governor of a State as the neighborhood homes credit
agency of the State.
``(2) Qualified project.--The term `qualified project'
means a project that a neighborhood homes credit agency
certifies will build or substantially rehabilitate one or more
qualified residences.
``(3) Determinations of family income.--Rules similar to
the rules of section 143(f)(2) shall apply for purposes of this
section.
``(4) Possessions treated as states.--The term `State'
includes the District of Columbia and the possessions of the
United States.
``(5) Special rules related to condominiums and cooperative
housing corporations.--
``(A) Determination of development costs.--In the
case of a qualified residence described in clause (ii)
or (iii) of subsection (c)(1)(A), the reasonable
development costs and eligible development costs of
such qualified residence shall be an amount equal to
such costs, respectively, of the entire condominium or
cooperative housing property in which such qualified
residence is located, multiplied by a fraction--
``(i) the numerator of which is the total
floor space of such qualified residence, and
``(ii) the denominator of which is the
total floor space of all residences within such
property.
``(B) Tenant-stockholders of cooperative housing
corporations treated as owners.--In the case of a
cooperative housing corporation (as such term is
defined in section 216(b)), a tenant-stockholder shall
be treated as owning the house or apartment which such
person is entitled to occupy.
``(6) Related party sales not treated as affordable
sales.--
``(A) In general.--A sale between related persons
shall not be treated as an affordable sale.
``(B) Related persons.--For purposes of this
paragraph, a person (in this subparagraph referred to
as the `related person') is related to any person if
the related person bears a relationship to such person
specified in section 267(b) or 707(b)(1), or the
related person and such person are engaged in trades or
businesses under common control (within the meaning of
subsections (a) and (b) of section 52). For purposes of
the preceding sentence, in applying section 267(b) or
707(b)(1), `10 percent' shall be substituted for `50
percent'.
``(7) Inflation adjustment.--
``(A) In general.--In the case of a calendar year
after 2023, the dollar amounts in subsections
(b)(3)(A), (e)(3)(A)(i)(I), (e)(3)(A)(i)(II), and
(i)(2)(C) shall each 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 such
calendar year by substituting `calendar year
2022' for `calendar year 2016' in subparagraph
(A)(ii) thereof.
``(B) Rounding.--
``(i) In the case of the dollar amounts in
subsections (b)(3)(A) and (i)(2)(C), any
increase under paragraph (1) which is not a
multiple of $1,000 shall be rounded to the
nearest multiple of $1,000.
``(ii) In the case of the dollar amount in
subsection (e)(3)(A)(i)(I), any increase under
paragraph (1) which is not a multiple of $0.01
shall be rounded to the nearest multiple of
$0.01.
``(iii) In the case of the dollar amount in
subsection (e)(3)(A)(i)(II), any increase under
paragraph (1) which is not a multiple of
$100,000 shall be rounded to the nearest
multiple of $100,000.
``(8) Report.--
``(A) In general.--The Secretary shall annually
issue a report, to be made available to the public,
which contains the information submitted pursuant to
subsection (f)(1)(F).
``(B) De-identification.--The Secretary shall
ensure that any information made public pursuant to
subparagraph (A) excludes any information that would
allow for the identification of qualified homeowners.
``(9) List of qualified census tracts.--The Secretary of
Housing and Urban Development shall, for each year, make
publicly available a list of qualified census tracts under--
``(A) on a combined basis, clauses (i) and (ii) of
subsection (c)(2)(A),
``(B) clause (iii) of such subsection, and
``(C) subsection (i)(5)(A).
``(10) Denial of deductions if converted to rental
housing.--If, during the 5-year period beginning immediately
after the affordable sale of a qualified residence referred to
in subsection (a), an individual who owns a qualified residence
(whether or not such individual was the purchaser in such
affordable sale) fails to use such qualified residence as such
individual's principal residence for any period of time, no
deduction shall be allowed for expenses paid or incurred by
such individual with respect to renting, during such period of
time, such qualified residence.
``(i) Application of Credit With Respect to Owner-Occupied
Rehabilitations.--
``(1) In general.--In the case of a qualified
rehabilitation by the taxpayer of any qualified residence which
is owned (as of the date that the written binding contract
referred to in paragraph (3) is entered into) by a specified
homeowner, the rules of paragraphs (2) through (7) shall apply.
``(2) Alternative credit determination.--In the case of any
qualified residence described in paragraph (1), the
neighborhood homes credit determined under subsection (a) with
respect to such residence shall (in lieu of any credit
otherwise determined under subsection (a) with respect to such
residence) be allowed in the taxable year during which the
qualified rehabilitation is completed (as determined by the
neighborhood homes credit agency) and shall be equal to the
least of--
``(A) the excess (if any) of--
``(i) the amounts paid or incurred by the
taxpayer for the qualified rehabilitation of
the qualified residence to the extent that such
amounts are certified by the neighborhood homes
credit agency (at the time of the completion of
such rehabilitation) as meeting the standards
specified pursuant to subsection (f)(1)(C),
over
``(ii) any amounts paid to such taxpayer
for such rehabilitation,
``(B) 50 percent of the amounts described in
subparagraph (A)(i), or
``(C) $50,000.
``(3) Qualified rehabilitation.--
``(A) In general.--For purposes of this subsection,
the term `qualified rehabilitation' means a
rehabilitation or reconstruction performed pursuant to
a written binding contract between the taxpayer and the
specified homeowner if the amount paid or incurred by
the taxpayer in the performance of such rehabilitation
or reconstruction exceeds the dollar amount in effect
under subsection (b)(3)(A).
``(B) Application of limitation to expenses paid or
incurred after allocation.--A rule similar to the rule
of section (b)(4) shall apply for purposes of this
subsection.
``(4) Specified homeowner.--For purposes of this
subsection, the term `qualified homeowner' means, with respect
to a qualified residence, an individual--
``(A) who owns and uses such qualified residence as
the principal residence of such individual as of the
date that the written binding contract referred to in
paragraph (3) is entered into, and
``(B) whose family income (determined as of such
date) does not exceed the median family income for the
applicable area (with respect to the census tract in
which the qualified residence is located).
``(5) Additional census tracts in which owner-occupied
residences may be located.--In the case of any qualified
residence described in paragraph (1), the term `qualified
census tract' includes any census tract which--
``(A) meets the requirements of subsection
(c)(2)(A)(i) without regard to subclause (III) thereof,
and
``(B) is designated by the neighborhood homes
credit agency for purposes of this paragraph.
``(6) Modification of repayment requirement.--In the case
of any qualified residence described in paragraph (1),
subsection (g) shall be applied by beginning the 5-year period
otherwise described therein on the date on which the qualified
homeowner acquired such residence.
``(7) Related parties.--Paragraph (1) shall not apply if
the taxpayer is the owner of the qualified residence described
in paragraph (1) or is related (within the meaning of
subsection (h)(6)(B)) to such owner.
``(8) Pyrrhotite remediation.--The requirement of
subsection (c)(1)(C) shall not apply to a qualified
rehabilitation under this subsection of a qualified residence
that is documented by an engineer's report and core testing to
have a foundation that is adversely impacted by pyrrhotite or
other iron sulfide minerals.
``(j) Regulations.--The Secretary shall prescribe such regulations
as may be necessary or appropriate to carry out the purposes of this
section, including regulations that prevent avoidance of the rules, and
abuse of the purposes, of this section.''.
(b) Credit Allowed as Part of General Business Credit.--Section
38(b) of the Internal Revenue Code of 1986 is amended by striking
``plus'' at the end of paragraph (37), by striking the period at the
end of paragraph (38) and inserting ``, plus'', and by adding at the
end the following new paragraph:
``(39) the neighborhood homes credit determined under
section 42A(a).''.
(c) Credit Allowed Against Alternative Minimum Tax.--Section
38(c)(4)(B) of the Internal Revenue Code of 1986 is amended by
redesignating clauses (iv) through (xii) as clauses (v) through (xiii),
respectively, and by inserting after clause (iii) the following new
clause:
``(iv) the credit determined under section
42A,''.
(d) Basis Adjustments.--
(1) Energy efficient home improvement credit.--Section
25C(g) of the Internal Revenue Code of 1986 is amended by
adding after the first sentence the following new sentence:
``This subsection shall not apply for purposes of determining
the eligible development costs or adjusted basis of any
building under section 42A.''.
(2) Residential clean energy credit.--Section 25D(f) of
such Code is amended by adding after the first sentence the
following new sentence: ``This subsection shall not apply for
purposes of determining the eligible development costs or
adjusted basis of any building under section 42A.''.
(3) New energy efficient home credit.--Section 45L(e) of
such Code is amended by inserting ``or for purposes of
determining the eligible development costs or adjusted basis of
any building under section 42A'' after ``section 42''.
(e) Exclusion From Gross Income.--Part III of subchapter B of
chapter 1 of the Internal Revenue Code of 1986 is amended by inserting
before section 140 the following new section:
``SEC. 139J. STATE ENERGY SUBSIDIES FOR QUALIFIED RESIDENCES.
``(a) Exclusion From Gross Income.--Gross income shall not include
the value of any subsidy provided to a taxpayer (whether directly or
indirectly) by any State energy office (as defined in section 124(a) of
the Energy Policy Act of 2005 (42 U.S.C. 15821(a))) for purposes of any
energy improvements made to a qualified residence (as defined in
section 42A(c)(1)).''.
(f) Conforming Amendments.--
(1) Subsections (i)(3)(C), (i)(6)(B)(i), and (k)(1) of
section 469 of the Internal Revenue Code of 1986 are each
amended by inserting ``or 42A'' after ``section 42''.
(2) The table of sections for subpart D of part IV of
subchapter A of chapter 1 of such Code is amended by inserting
after the item relating to section 42 the following new item:
``Sec. 42A. Neighborhood homes credit.''.
(3) The table of sections for part III of subchapter B of
chapter 1 of such Code is amended by inserting before the item
relating to section 140 the following new item:
``Sec. 139J. State energy subsidies for qualified residences.''.
(g) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2023.
<all>
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118S658
|
EQIP Improvement Act of 2023
|
[
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"B001288",
"Sen. Booker, Cory A. [D-NJ]",
"sponsor"
],
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"L000577",
"Sen. Lee, Mike [R-UT]",
"cosponsor"
],
[
"B001277",
"Sen. Blumenthal, Richard [D-CT]",
"cosponsor"
]
] |
<html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 658 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 658
To amend the Food Security Act of 1985 to make adjustments to the
environmental quality incentives program, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
March 6, 2023
Mr. Booker (for himself and Mr. Lee) introduced the following bill;
which was read twice and referred to the Committee on Agriculture,
Nutrition, and Forestry
_______________________________________________________________________
A BILL
To amend the Food Security Act of 1985 to make adjustments to the
environmental quality incentives 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 ``EQIP Improvement Act of 2023''.
SEC. 2. ENVIRONMENTAL QUALITY INCENTIVES PROGRAM REFORMS.
(a) In General.--Section 1240B of the Food Security Act of 1985 (16
U.S.C. 3839aa-2) is amended--
(1) in subsection (d), by striking paragraph (2) and
inserting the following:
``(2) Limitation on payments.--A payment to a producer for
performing a practice may not exceed, as determined by the
Secretary--
``(A) except as provided in subparagraphs (B)
through (D), 75 percent of the costs associated with
planning, design, materials, equipment, installation,
labor, management, maintenance, or training;
``(B) 40 percent of the costs associated with
planning, design, materials, equipment, installation,
labor, management, maintenance, or training for--
``(i) an access road;
``(ii) an animal mortality facility;
``(iii) an aquaculture pond;
``(iv) clearing and snagging;
``(v) a dam;
``(vi) a dam using a diversion;
``(vii) a dike;
``(viii) a diversion;
``(ix) a fish raceway or tank;
``(x) an irrigation pipeline;
``(xi) an irrigation reservoir;
``(xii) land clearing;
``(xiii) land smoothing;
``(xiv) a livestock pipeline;
``(xv) obstruction removal;
``(xvi) a pond;
``(xvii) a pumping plant;
``(xviii) spoil spreading;
``(xix) a surface drain using a field
ditch;
``(xx) a main or lateral surface drain;
``(xxi) a vertical drain;
``(xxii) a waste facility closure;
``(xxiii) a waste storage facility;
``(xxiv) waste transfer; or
``(xxv) a waste treatment lagoon;
``(C) 100 percent of income foregone by the
producer; or
``(D) in the case of a practice that includes 1 or
more elements described in subparagraphs (A) through
(C)--
``(i) 75 percent of the costs incurred with
respect to any elements described in
subparagraph (A);
``(ii) 40 percent of the costs incurred
with respect to any elements described in
subparagraph (B); and
``(iii) 100 percent of the income forgone
with respect to any elements described in
subparagraph (C).''; and
(2) in subsection (f), by striking the subsection
designation and heading and all that follows through ``For
each'' in paragraph (2)(B) and inserting the following:
``(f) Allocation of Funding for Wildlife Habitat.--For each''.
(b) Limitation on Payments.--Section 1240G of the Food Security Act
of 1985 (16 U.S.C. 3839aa-7) is amended by striking ``$450,000'' and
inserting ``$150,000''.
(c) Report to Congress.--Section 1240B of the Food Security Act of
1985 (16 U.S.C. 3839aa-2) is amended by adding at the end the
following:
``(k) Annual Report to Congress.--Not less frequently than once
each year, the Secretary shall submit to Congress a report describing--
``(1) the amount obligated under the program with respect
to each category of practice, with information categorized by
fiscal year and State; and
``(2) the amount obligated under the program in each State,
with information categorized by fiscal year and the size of the
operation of each producer.''.
<all>
</pre></body></html>
|
[
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|
118S659
|
Administrative False Claims Act of 2023
|
[
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"G000386",
"Sen. Grassley, Chuck [R-IA]",
"sponsor"
],
[
"D000563",
"Sen. Durbin, Richard J. [D-IL]",
"cosponsor"
]
] |
<p><strong>Adminitrative False Claims Act of 2023</strong></p> <p>This bill modifies provisions regarding fraud committed against the federal government.</p> <p>Specifically, the bill raises the maximum amount of a fraud claim that may be handled administratively from $150,000 to $1 million and allows the government to recoup costs for investigating and prosecuting these frauds.</p>
|
<html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 659 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 659
To amend chapter 38 of title 31, United States Code, relating to civil
remedies, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
March 6, 2023
Mr. Grassley (for himself and Mr. Durbin) introduced the following
bill; which was read twice and referred to the Committee on the
Judiciary
_______________________________________________________________________
A BILL
To amend chapter 38 of title 31, United States Code, relating to civil
remedies, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Administrative False Claims Act of
2023''.
SEC. 2. ADMINISTRATIVE FALSE CLAIMS.
(a) Change in Short Title.--
(1) In general.--Subtitle B of title VI of the Omnibus
Budget Reconciliation Act of 1986 (Public Law 99-509; 100 Stat.
1934) is amended--
(A) in the subtitle heading, by striking ``Program
Fraud Civil Remedies'' and inserting ``Administrative
False Claims''; and
(B) in section 6101 (31 U.S.C. 3801 note), by
striking ``Program Fraud Civil Remedies Act of 1986''
and inserting ``Administrative False Claims Act''.
(2) References.--Any reference to the Program Fraud Civil
Remedies Act of 1986 in any provision of law, regulation, map,
document, record, or other paper of the United States shall be
deemed a reference to the Administrative False Claims Act.
(b) Reverse False Claims.--Chapter 38 of title 31, United States
Code, is amended--
(1) in section 3801(a)(3), by amending subparagraph (C) to
read as follows:
``(C) made to an authority which has the effect of
concealing or improperly avoiding or decreasing an
obligation to pay or transmit property, services, or
money to the authority,''; and
(2) in section 3802(a)(3)--
(A) by striking ``An assessment'' and inserting
``(A) Except as provided in subparagraph (B), an
assessment''; and
(B) by adding at the end the following:
``(B) In the case of a claim described in section
3801(a)(3)(C), an assessment shall not be made under the second
sentence of paragraph (1) in an amount that is more than double
the value of the property, services, or money that was
wrongfully withheld from the authority.''.
(c) Increasing Dollar Amount of Claims.--Section 3803(c) of title
31, United States Code, is amended--
(1) in paragraph (1), by striking ``$150,000'' each place
that term appears and inserting ``$1,000,000''; and
(2) by adding at the end the following:
``(3) Adjustment for Inflation.--The maximum amount in paragraph
(1) shall be adjusted for inflation in the same manner and to the same
extent as civil monetary penalties under the Federal Civil Penalties
Inflation Adjustment Act (28 U.S.C. 2461 note).''.
(d) Recovery of Costs.--Section 3806(g)(1) of title 31, United
States Code, is amended to read as follows:
``(1)(A) Except as provided in paragraph (2)--
``(i) any amount collected under this chapter shall be
credited first to reimburse the authority or other Federal
entity that expended costs in support of the investigation or
prosecution of the action, including any court or hearing
costs; and
``(ii) amounts reimbursed under clause (i) shall--
``(I) be deposited in--
``(aa) the appropriations account of the
authority or other Federal entity from which
the costs described in subparagraph (A) were
obligated;
``(bb) a similar appropriations account of
the authority or other Federal entity; or
``(cc) if the authority or other Federal
entity expended nonappropriated funds, another
appropriate account; and
``(II) remain available until expended.
``(B) Any amount remaining after reimbursements described in
subparagraph (A) shall be deposited as miscellaneous receipts in the
Treasury of the United States.''.
(e) Semiannual Reporting.--Section 405(c) of title 5, United States
Code, is amended--
(1) in paragraph (4), by striking ``and'' at the end;
(2) by redesignating paragraph (5) as paragraph (6); and
(3) by inserting after paragraph (4) the following:
``(5) information relating to cases under chapter 38 of
title 31, including--
``(A) the number of reports submitted by
investigating officials to reviewing officials under
section 3803(a)(1) of such title;
``(B) actions taken in response to reports
described in subparagraph (A), which shall include
statistical tables showing--
``(i) pending cases;
``(ii) resolved cases;
``(iii) the average length of time to
resolve each case;
``(iv) the number of final agency decisions
that were appealed to a district court of the
United States or a higher court; and
``(v) if the total number of cases in a
report is greater than 2--
``(I) the number of cases that were
settled; and
``(II) the total penalty or
assessment amount recovered in each
case, including through a settlement or
compromise; and
``(C) instances in which the reviewing official
declined to proceed on a case reported by an
investigating official; and''.
(f) Increasing Efficiency of DOJ Processing.--Section 3803(j) of
title 31, United States Code, is amended--
(1) by inserting ``(1)'' before ``The reviewing''; and
(2) by adding at the end the following:
``(2) A reviewing official shall notify the Attorney General in
writing not later than 30 days before entering into any agreement to
compromise or settle allegations of liability under section 3802 and
before the date on which the reviewing official is permitted to refer
allegations of liability to a presiding officer under subsection
(b).''.
(g) Revision of Definition of Hearing Officials.--
(1) In general.--Chapter 38 of title 31, United States
Code, is amended--
(A) in section 3801(a)(7)--
(i) in subparagraph (A), by striking ``or''
at the end;
(ii) in subparagraph (B)(vii), by adding
``or'' at the end; and
(iii) by adding at the end the following:
``(C) a member of the board of contract appeals
pursuant to section 7105 of title 41, if the authority
does not employ an available presiding officer under
subparagraph (A);''; and
(B) in section 3803(d)(2)--
(i) in subparagraph (A), by striking
``and'' at the end;
(ii) in subparagraph (B)--
(I) by striking ``the presiding''
and inserting ``(i) in the case of a
referral to a presiding officer
described in subparagraph (A) or (B) of
section 3801(a)(7), the presiding'';
(II) in clause (i), as so
designated, by striking the period at
the end and inserting ``; or''; and
(III) by adding at the end the
following:
``(ii) in the case of a referral to a presiding
officer described in subparagraph (C) of section
3801(a)(7)--
``(I) the reviewing official shall submit a
copy of the notice required by under paragraph
(1) and of the response of the person receiving
such notice requesting a hearing--
``(aa) to the board of contract
appeals that has jurisdiction over
matters arising from the agency of the
reviewing official pursuant to section
7105(e)(1) of title 41; or
``(bb) if the Chair of the board of
contract appeals declines to accept the
referral, to any other board of
contract appeals; and
``(II) the reviewing official shall
simultaneously mail, by registered or certified
mail, or shall deliver, notice to the person
alleged to be liable under section 3802 that
the referral has been made to an agency board
of contract appeals with an explanation as to
where the person may obtain the relevant rules
of procedure promulgated by the board; and'';
and
(iii) by adding at the end the following:
``(C) in the case of a hearing conducted by a presiding
officer described in subparagraph (C) of section 3801(a)(7)--
``(i) the presiding officer shall conduct the
hearing according to the rules and procedures
promulgated by the board of contract appeals; and
``(ii) the hearing shall not be subject to the
provisions in subsection (g)(2), (h), or (i).''.
(2) Agency boards.--Section 7105(e) of title 41, United
States Code, is amended--
(A) in paragraph (1), by adding at the end the
following:
``(E) Administrative false claims act.--
``(i) In general.--The boards described in
subparagraphs (B), (C), and (D) shall have
jurisdiction to hear any case referred to a
board of contract appeals under section 3803(d)
of title 31.
``(ii) Declining referral.--If the Chair of
a board described in subparagraph (B), (C), or
(D) determines that accepting a case under
clause (i) would prevent adequate consideration
of other cases being handled by the board, the
Chair may decline to accept the referral.'';
and
(B) in paragraph (2), by inserting ``or, in the
event that a case is filed under chapter 38 of title
31, any relief that would be available to a litigant
under that chapter'' before the period at the end.
(3) Regulations.--Not later than 180 days after the date of
enactment of this Act, each authority head, as defined in
section 3801 of title 31, United States Code, and each board of
contract appeals of a board described in subparagraph (B), (C),
or (D) of section 7105(e) of title 41, United States Code,
shall amend procedures regarding proceedings as necessary to
implement the amendments made by this subsection.
(h) Revision of Limitations.--Section 3808 of title 31, United
States Code, is amended by striking subsection (a) and inserting the
following:
``(a) A notice to the person alleged to be liable with respect to a
claim or statement shall be mailed or delivered in accordance with
section 3803(d)(1) not later than the later of--
``(1) 6 years after the date on which the violation of
section 3802 is committed; or
``(2) 3 years after the date on which facts material to the
action are known or reasonably should have been known by the
authority head, but in no event more than 10 years after the
date on which the violation is committed.''.
(i) Definitions.--Section 3801 of title 31, United States Code, is
amended--
(1) in subsection (a)--
(A) in paragraph (8), by striking ``and'' at the
end;
(B) in paragraph (9), by striking the period at the
end and inserting a semicolon; and
(C) by adding at the end the following:
``(10) `material' has the meaning given the term in section
3729(b) of this title; and
``(11) `obligation' has the meaning given the term in
section 3729(b) of this title.''; and
(2) by adding at the end the following:
``(d) For purposes of subsection (a)(10), materiality shall be
determined in the same manner as under section 3729 of this title.''.
(j) Promulgation of Regulations.--Not later than 180 days after the
date of enactment of this Act, each authority head, as defined in
section 3801 of title 31, United States Code, shall--
(1) promulgate regulations and procedures to carry out this
Act and the amendments made by this Act; and
(2) review and update existing regulations and procedures
of the authority to ensure compliance with this Act and the
amendments made by this Act.
<all>
</pre></body></html>
|
[
"Government Operations and Politics",
"Administrative remedies",
"Criminal investigation, prosecution, interrogation",
"Fraud offenses and financial crimes",
"Government liability",
"Government studies and investigations"
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118S66
|
NOTAM Improvement Act of 2023
|
[
[
"K000367",
"Sen. Klobuchar, Amy [D-MN]",
"sponsor"
],
[
"M000934",
"Sen. Moran, Jerry [R-KS]",
"cosponsor"
],
[
"C001047",
"Sen. Capito, Shelley Moore [R-WV]",
"cosponsor"
]
] |
<p><strong>NOTAM Improvement Act of 2023</strong></p> <p>This bill directs the Federal Aviation Administration (FAA) to establish the FAA Task Force on NOTAM (notice to air missions required by international or domestic law) Improvement. A <em>NOTAM</em> is a notice containing information essential to personnel concerned with flight operations but not known far enough in advance to be publicized by other means. It states the abnormal status of a component of the National Airspace System. </p> <p>Specifically, the task force must (1) review existing methods for presenting NOTAMs and flight operations information for pilots; (2) review regulations and policies relating to NOTAMs, including their content and presentation to pilots; (3) evaluate and determine best practices to organize, prioritize, and present flight operations information in a manner that optimizes pilot review and retention of relevant information; (4) provide recommendations to improve the presentation of NOTAM information; and (5) report to Congress on its reviews and evaluations.</p>
|
<html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 66 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 66
To establish a task force on improvements for notices to air missions,
and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
January 25, 2023
Ms. Klobuchar (for herself, Mr. Moran, and Mrs. Capito) introduced the
following bill; which was read twice and referred to the Committee on
Commerce, Science, and Transportation
_______________________________________________________________________
A BILL
To establish a task force on improvements for notices to air missions,
and for other 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 ``NOTAM Improvement Act of 2023''.
SEC. 2. FAA TASK FORCE ON NOTAM IMPROVEMENT.
(a) Establishment.--Not later than 180 days after the date of
enactment of this Act, the Administrator of the Federal Aviation
Administration shall establish a task force to be known as the FAA Task
Force on NOTAM Improvement (in this section referred to as the ``Task
Force'').
(b) Composition.--The Task Force shall consist of members appointed
by the Administrator, including at least one member of each of the
following:
(1) Air carrier representatives.
(2) Airport representatives.
(3) Labor union representatives of airline pilots.
(4) Labor union representatives of aircraft dispatchers.
(5) The labor union certified under section 7111 of title
5, United States Code, to represent FAA air traffic control
specialists assigned to the United States NOTAMs Office.
(6) The labor union certified under section 7111 of title
5, United States Code, to represent FAA aeronautical
information specialists.
(7) General and business aviation representatives.
(8) Aviation safety experts with knowledge of NOTAMs.
(9) Human factors experts.
(10) Computer system architecture and cybersecurity
experts.
(c) Duties.--The duties of the Task Force shall include--
(1) reviewing existing methods for presenting NOTAMs and
flight operations information to pilots;
(2) reviewing regulations and policies relating to NOTAMs,
including their content and presentation to pilots;
(3) evaluating and determining best practices to organize,
prioritize, and present flight operations information in a
manner that optimizes pilot review and retention of relevant
information; and
(4) providing recommendations for--
(A) improving the presentation of NOTAM information
in a manner that prioritizes or highlights the most
important information, and optimizes pilot review and
retention of relevant information;
(B) ways to ensure that NOTAMs are complete,
accurate, and contain the proper information;
(C) any best practices that the FAA should consider
to improve the accuracy and understandability of NOTAMs
and the display of flight operations information;
(D) ways to work with air carriers, other airspace
users, and aviation service providers to implement
solutions that are aligned with the recommendations
under this paragraph; and
(E) ensuring the stability, resiliency, and
cybersecurity of the NOTAM computer system.
(d) Report.--Not later than 1 year after the date of the
establishment of the Task Force, the Task Force shall submit to the
Committee on Transportation and Infrastructure of the House of
Representatives and the Committee on Commerce, Science, and
Transportation of the Senate a report detailing--
(1) the results of the reviews and evaluations of the Task
Force under paragraphs (1) through (3) of subsection (c);
(2) the best practices identified and recommendations
provided by the Task Force under subsection (c)(4);
(3) any recommendations of the Task Force for additional
regulatory or policy actions to improve the presentation of
NOTAMs; and
(4) the degree to which implementing the recommendations of
the Task Force described under paragraph (2) will address
National Transportation Safety Board Safety Recommendation A-
18-024.
(e) Applicable Law.--The Federal Advisory Committee Act (5 U.S.C.
App.) shall not apply to the Task Force.
(f) Sunset.--The Task Force shall terminate on the later of--
(1) the date on which the Task Force submits the report
required under subsection (d); or
(2) the date that is 18 months after the date on which the
Task Force is established under subsection (a).
(g) Authority.--The Administrator shall have the authority to carry
out the recommendations of the Task Force detailed in the report
required under subsection (d).
(h) Definitions.--In this section:
(1) FAA.--The term ``FAA'' means the Federal Aviation
Administration.
(2) NOTAM.--The term ``NOTAM'' means notices to air
missions required by international or domestic regulation or
law, as described in FAA Order 7930.2S.
<all>
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118S660
|
Water System Threat Preparedness and Resilience Act of 2023
|
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]
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<html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 660 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 660
To establish a program to increase drinking water and wastewater system
threat preparedness and resilience, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
March 6, 2023
Mr. Markey introduced the following bill; which was read twice and
referred to the Committee on Environment and Public Works
_______________________________________________________________________
A BILL
To establish a program to increase drinking water and wastewater system
threat preparedness and resilience, and for other 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 ``Water System Threat Preparedness and
Resilience Act of 2023''.
SEC. 2. PROGRAM ESTABLISHMENT.
(a) Definitions.--In this section:
(1) Community water system.--The term ``community water
system'' has the meaning given the term in section 1401 of the
Safe Drinking Water Act (42 U.S.C. 300f).
(2) Natural hazard.--The term ``natural hazard'' has the
meaning given the term in section 1433(h) of the Safe Drinking
Water Act (42 U.S.C. 300i-2(h)).
(3) Treatment works.--The term ``treatment works'' has the
meaning given the term in section 212 of the Federal Water
Pollution Control Act (33 U.S.C. 1292).
(4) Water information sharing and analysis center.--The
term ``Water Information Sharing and Analysis Center'' means
the Information Sharing and Analysis Center referenced in
section 1435(d) of the Safe Drinking Water Act (42 U.S.C. 300i-
4(d)).
(b) Establishment.--Not later than 1 year after the date of
enactment of this Act, the Administrator of the Environmental
Protection Agency shall develop and carry out a program--
(1) to encourage, support, and maintain the participation
of community water systems, treatment works, and other
appropriate entities in the Water Information Sharing and
Analysis Center;
(2) to offset costs incurred by community water systems and
treatment works that are necessary to maintain or initiate
membership in the Water Information Sharing and Analysis
Center;
(3) to expand the cooperation and coordination of the
Environmental Protection Agency with the Water Information
Sharing and Analysis Center with respect to incident data
collection and analysis of water sector-related threats; and
(4) to enhance the tools, resources, and materials of the
Water Information Sharing and Analysis Center for--
(A) monitoring the status of the water sector; and
(B) enhancing the preparedness of community water
systems and publicly owned treatment works to identify,
protect against, detect, respond to, and recover from
malevolent acts (within the meaning of section 1433 of
the Safe Drinking Water Act (42 U.S.C. 300i-2)) or
natural hazards.
(c) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $10,000,000 for each of fiscal
years 2024 and 2025, to remain available until expended.
<all>
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118S661
|
Crypto-Asset Environmental Transparency Act of 2023
|
[
[
"M000133",
"Sen. Markey, Edward J. [D-MA]",
"sponsor"
],
[
"M001176",
"Sen. Merkley, Jeff [D-OR]",
"cosponsor"
],
[
"S000033",
"Sen. Sanders, Bernard [I-VT]",
"cosponsor"
],
[
"F000062",
"Sen. Feinstein, Dianne [D-CA]",
"cosponsor"
]
] |
<html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 661 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 661
To require an interagency study on the environmental and energy impacts
of crypto-asset mining, to assess crypto-asset mining compliance with
the Clean Air Act, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
March 6, 2023
Mr. Markey (for himself, Mr. Merkley, and Mr. Sanders) introduced the
following bill; which was read twice and referred to the Committee on
Environment and Public Works
_______________________________________________________________________
A BILL
To require an interagency study on the environmental and energy impacts
of crypto-asset mining, to assess crypto-asset mining compliance with
the Clean Air 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 ``Crypto-Asset Environmental
Transparency Act of 2023''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Administrator.--The term ``Administrator'' means the
Administrator of the Environmental Protection Agency.
(2) Air pollutant.--The term ``air pollutant'' has the
meaning given the term in section 302 of the Clean Air Act (42
U.S.C. 7602).
(3) Block.--The term ``block'' means a group of data stored
as a single record in a blockchain.
(4) Blockchain.--The term ``blockchain'' means a
distributed ledger technology in which--
(A) the data are shared across a network that
creates a digital ledger of verified transactions or
information among network participants; and
(B) the data are typically linked using
cryptography to maintain the integrity of the ledger
and execute other functions, including transfer of
ownership or value.
(5) Consensus mechanism.--The term ``consensus mechanism''
means a process to achieve agreement among network participants
on the current state of a blockchain.
(6) Crypto-asset.--The term ``crypto-asset'' means a
digital asset, which may be a medium of exchange, a
representation of value, or both, for which generation or
ownership records of the digital asset are recorded in a
distributed ledger technology that relies on cryptography.
(7) Crypto-asset mining.--The term ``crypto-asset mining''
means the process of performing computations to add a valid
block of data to the blockchain, typically in exchange for a
reward or fee.
(8) Power load.--The term ``power load'' means the amount
of electrical power, in megawatts, that can be consumed by a
qualifying crypto-asset mining operation.
(9) Qualifying crypto-asset mining operation.--The term
``qualifying crypto-asset mining operation'' means--
(A) an individual crypto-asset mining facility that
has a power load that is greater than or equal to 5
megawatts; or
(B) multiple crypto-asset mining facilities that--
(i) are owned by the same company; and
(ii)(I) each have a power load that is less
than 5 megawatts; but
(II) have a cumulative power load that is
greater than or equal to 5 megawatts.
(10) Scope 1 emissions.--The term ``scope 1 emissions''
means greenhouse gas emissions directly from sources that are
operated, controlled, or owned by an individual or entity
performing a qualifying crypto-asset mining operation.
(11) Scope 2 emissions.--The term ``scope 2 emissions''
means indirect greenhouse gas emissions associated with the
purchase of electricity, steam, heat, or cooling by an
individual or entity performing a qualifying crypto-asset
mining operation.
(12) Secretary.--The term ``Secretary'' means the Secretary
of Energy.
SEC. 3. COMPLIANCE WITH THE CLEAN AIR ACT.
(a) Rulemaking Required.--
(1) Proposed regulation.--Not later than 1 year after the
date of enactment of this Act, the Administrator shall,
pursuant to section 114(a) of the Clean Air Act (42 U.S.C.
7414(a)), issue a notice of proposed rulemaking to revise part
98 of title 40, Code of Federal Regulations (as in effect on
the date of enactment of this Act)--
(A) to require qualifying crypto-asset mining
operations to report as covered facilities under
subpart A of that part;
(B) to add a new subpart to that part that includes
qualifying crypto-asset mining operations as a source
category;
(C) to include in the new subpart created under
subparagraph (B) appropriate calculation methodologies,
reporting guidelines, and monitoring operations of,
with respect to qualifying crypto-asset mining
operations, scope 1 emissions and scope 2 emissions;
and
(D) to designate the qualifying crypto-asset mining
operations source category established pursuant to
subparagraph (B) as a source category that is subject
to greenhouse gas reporting requirements and related
monitoring, recordkeeping, and reporting requirements
under section 98.2 of that title, regardless of whether
a qualifying crypto-asset mining operation emits at
least 25,000 metric tons of carbon dioxide-equivalent.
(2) Final rule.--Not later than 180 days after the date on
which the public comment period on the proposed rule under
paragraph (1) closes, the Administrator shall issue a final
rule revising part 98 of title 40, Code of Federal Regulations.
(b) Assessment.--Not later than 1 year after the date on which the
Administrator finalizes the rule required under subsection (a), the
Administrator shall, pursuant to section 114(a) of the Clean Air Act
(42 U.S.C. 7414(a)), issue requests for information for the purpose of
conducting an assessment of, with respect to qualifying crypto-asset
mining operations, the permit programs under the Clean Air Act (42
U.S.C. 7401 et seq.), which shall include identifying the extent to
which any qualifying crypto-asset mining operations are improperly
operating without a valid and current permit under that Act.
(c) Authorization of Appropriations.--There is authorized to be
appropriated to the Administrator to carry out this section $5,000,000
for fiscal year 2023, to remain available until expended.
(d) Savings Provision.--Nothing in this section limits the ability
of the Administrator to require the reporting of emissions of any type
in another source category.
SEC. 4. IMPACT STUDY.
(a) In General.--Not later than 1 year after the date of enactment
of this Act, the Administrator, in consultation with the Secretary, the
Administrator of the Energy Information Administration, the Federal
Energy Regulatory Commission, and the head of any other Federal agency
the Administrator or the Secretary determines appropriate, shall
conduct a study on the environmental impacts of crypto-asset mining in
the United States.
(b) Study Requirements.--The study required under subsection (a)
shall include--
(1) the number and location of any existing or planned
qualifying crypto-asset mining operation;
(2) the amount of greenhouse gas emissions and other air
pollutants that are--
(A) released by an onsite energy source; and
(B) attributable to offsite-generated electricity,
steam, heat, or cooling provided to a qualifying
crypto-asset mining operation;
(3) the anticipated increase of new, and expansion of
existing, qualifying crypto-asset mining operations;
(4) the potential impacts of electric energy consumption by
qualifying crypto-asset mining operations, including by
prolonging the use of fossil fuel generators, on the ability of
the United States to achieve the greenhouse gas emission
reductions necessary to keep global warming below 1.5 degrees
Celsius compared to pre-industrial levels;
(5) the ecological impacts, including ecological impacts
associated with electronic waste generation and the use or
discharge of cooling water, caused by qualifying crypto-asset
mining operations;
(6) the potential public health impacts due to the reduced
air and water quality and increased water stress on communities
near qualifying crypto-asset mining operations;
(7) the potential public health impacts from greenhouse gas
emissions released by qualifying crypto-asset mining
operations;
(8) the potential public health and ecological impacts from
noise generated by qualifying crypto-asset mining operations;
(9) the amount of electric energy consumed by each
qualifying crypto-asset mining operation, including the time of
use of electricity and the potential grid stress posed by the
power load of the qualifying crypto-asset mining operation;
(10) the source of electric energy consumed by each
qualifying crypto-asset mining operation;
(11) the aggregated energy-use statistics and greenhouse
gas emissions statistics for qualifying crypto-asset mining
operations in the United States;
(12) an analysis of energy use and greenhouse gas emissions
by type of consensus mechanism;
(13) an analysis of demand-response programs negotiated
between qualifying crypto-asset mining operations and electric
utilities;
(14) an analysis of potential rate-design measures that
could be implemented by State and local regulators to reduce
the energy consumption and dependence on fossil fuel energy
sources of crypto-asset mining operations;
(15) a geospatial assessment of the extent to which crypto-
asset mining operations are located within environmental
justice communities, as defined by the Administrator or within
the Climate and Economic Justice Screening Tool of the Council
on Environmental Quality; and
(16) an identification of, and recommendations for, best
practices for data types, data sources, and methodologies for
accurately measuring, modeling, and tracking the environmental
impacts of crypto-asset mining operations in the United States
in the future.
(c) Public Comment.--Before conducting the study required by
subsection (a), the Administrator shall provide an opportunity for
public comment and advice relevant to conducting the study.
(d) Report to Congress.--Not later than 18 months after the date of
enactment of this Act, the Administrator shall submit to the Committees
on Energy and Commerce and Science, Space, and Technology of the House
of Representatives and the Committees on Environment and Public Works
and Energy and Natural Resources of the Senate, and publish on the
public websites of the Environmental Protection Agency and the
Department of Energy, a report that contains the results of the study
required by subsection (a).
(e) Authorization of Appropriations.--There is authorized to be
appropriated to the Administrator to carry out this section $5,000,000
for fiscal year 2023, to remain available until expended.
SEC. 5. ENERGY EFFICIENCY OF DATA CENTER BUILDINGS.
Section 453(a)(1) of the Energy Independence and Security Act of
2007 (42 U.S.C. 17112(a)(1)) is amended--
(1) in subparagraph (A), by striking ``or'' at the end
after the semicolon;
(2) in subparagraph (B), by striking the period at the end
and inserting ``; or''; and
(3) by adding at the end the following:
``(C) a facility in which 2 or more computers
perform logical operations to mine or create crypto-
asset (as defined in section 2 of the Crypto-Asset
Environmental Transparency Act of 2023).''.
<all>
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|
118S662
|
STEM RESTART Act
|
[
[
"R000608",
"Sen. Rosen, Jacky [D-NV]",
"sponsor"
],
[
"H001079",
"Sen. Hyde-Smith, Cindy [R-MS]",
"cosponsor"
],
[
"K000377",
"Sen. Kelly, Mark [D-AZ]",
"cosponsor"
],
[
"V000128",
"Sen. Van Hollen, Chris [D-MD]",
"cosponsor"
]
] |
<html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 662 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 662
To amend the Workforce Innovation and Opportunity Act to create a new
national program to support mid-career workers, including workers from
underrepresented populations, in reentering the STEM workforce, by
providing funding to small- and medium-sized STEM businesses so the
businesses can offer paid internships or other returnships that lead to
positions above entry level.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
March 6, 2023
Ms. Rosen (for herself, Mrs. Hyde-Smith, and Mr. Kelly) 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 create a new
national program to support mid-career workers, including workers from
underrepresented populations, in reentering the STEM workforce, by
providing funding to small- and medium-sized STEM businesses so the
businesses can offer paid internships or other returnships that lead to
positions above entry level.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``STEM Restoring Employment Skills
through Targeted Assistance, Re-entry, and Training Act'' or the ``STEM
RESTART Act''.
SEC. 2. RETURNING SKILLED WORKERS TO THE STEM WORKFORCE.
(a) In General.--Subtitle D of title I of the Workforce Innovation
and Opportunity Act is amended--
(1) by redesignating section 172 (29 U.S.C. 3227) as
section 173; and
(2) by inserting after section 171 the following:
``SEC. 172. GRANTS TO SUPPORT SKILLED WORKERS IN RETURNING OR
TRANSITIONING TO THE STEM WORKFORCE.
``(a) Findings.--Congress finds the following:
``(1) The Brookings Institution expects the coronavirus
pandemic will have lasting effects on the labor market and
could change the composition of available jobs indefinitely,
with the ensuing economic decline ushering in a new era of
automation. Employers will likely shed less skilled workers and
replace them with higher-skilled technology workers, which
increases labor productivity as a recession tapers off.
``(2) The current pipeline of engineering talent does not
include many college graduates from large cohorts of the
population. Women represent over 57 percent of college
graduates but only 22 percent of the engineers entering the
workforce. Within the workforce, only 14 percent of engineers
are women. Women also leave the engineering profession in
greater numbers than men do.
``(3) A 2018 Pew Research Center study showed there are
wide racial gaps among current STEM workers regarding reasons
why so few Black and Hispanic people work in STEM. For example,
over 70 percent of Black STEM workers view lack of access to
education and discriminatory hiring and promotion practices as
reasons there are so few Black men and women in the STEM
fields. By comparison, less than 30 percent of White and Asian
STEM workers view that lack of access and those practices as
barriers to Black people entering the fields. Additionally, 62
percent of Black STEM workers say they have faced
discrimination in their jobs compared to just 13 percent of
White STEM workers.
``(4) Among the 25,300,000 United States women ages 25
through 54 with a bachelor's degree or higher degree in 2017,
4,200,000 were out of the labor force. While some of those
women were disabled or retired, the remaining 3,600,000 women
may be candidates to return to work.
``(5) The Center for Talent Innovation's research shows
that while 93 percent of women who left the workforce want to
resume their careers, only 74 percent manage to get any kind of
job at all and just 40 percent successfully return to work
full-time.
``(6) Mid-career internship and other returnship programs
are an effective way to address the difficulties of former STEM
employees seeking to return to work, as the programs provide a
probationary period and also an opportunity to obtain
mentorship, professional development, and support as the
participants transition back to work. Even more important,
returnship programs allow an employer to base a hiring decision
on an actual work sample instead of a series of interviews. At
the same time, the programs give participants an opportunity to
return to work together, in a cohort of similarly situated
returners.
``(7) Fortune 500 companies like Apple, Honeywell, Northrop
Grumman, Ingersoll Rand, and The Procter & Gamble Company have
taken the initiative to try to close the gender gap among STEM
professionals by providing mid-career internships for returning
technical professionals. However, a 2008 study by Anthony
Breitzman and Diana Hicks for the Office of Advocacy of the
Small Business Administration, entitled `An Analysis of Small
Business Patents by Industry and Firm Size', found that `Small
firms are much more likely to develop emerging technologies
than are large firms. This is perhaps intuitively reasonable
given theories on small firms effecting technological change,
but the quantitative data here support this assertion.
Specifically, although small firms account for only 8 percent
of patents granted, they account for 24 percent of the patents
in the top 100 emerging clusters.'.
``(b) Purposes.--The purposes of this section are to--
``(1) prioritize expanding opportunities, through high-
quality internships or other returnships in STEM fields for
unemployed or underemployed workers, particularly workers from
underrepresented populations and workers from rural areas, who
are mid-career skilled workers seeking to return or transition
to in-demand industry sectors or occupations within the STEM
workforce, at positions and compensation above entry level; and
``(2) establish grant funding and other incentives for
small-sized and medium-sized companies in in-demand industry
sectors or occupations to establish programs that provide on-
the-job evaluation, education, and training for mid-career
skilled workers described in paragraph (1).
``(c) Definitions.--In this section:
``(1) Medium-sized enterprise.--The term `medium-sized',
used with respect to an enterprise, means an entity that
employs more than 499 and fewer than 10,000 employees.
``(2) RESTART grant.--The term `RESTART grant' means a
grant made under subsection (d).
``(3) Returnship.--The term `returnship' shall mean any
internship, apprenticeship, re-entry opportunity, direct hiring
opportunity with support, or other similar opportunity designed
to provide workers seeking to return or transition to the STEM
workforce with positions that--
``(A) are above entry level;
``(B) provide salaries, stipends, or other
payments, and benefits, that are above entry level; and
``(C) provide training that leads workers toward
full-time careers and provides pathways toward
advancement and leadership.
``(4) Rural area.--The term `rural area' means an area that
is not an urban area (within the meaning of the notice of final
program criteria entitled `Urban Area Criteria for the 2010
Census' (76 Fed. Reg. 53030 (August 24, 2011))).
``(5) Small-sized enterprise.--The term `small-sized', used
with respect to an enterprise, means an entity that employs
more than 49 and fewer than 500 individuals.
``(6) STEM.--The term `STEM' has the meaning given the term
in section 2 of the America COMPETES Reauthorization Act of
2010 (42 U.S.C. 6621 note).
``(7) Underrepresented population.--The term
`underrepresented population' means a group that is
underrepresented in science and engineering, as determined by
the Secretary of Education under section 637.4(b) of title 34,
Code of Federal Regulations (as in effect on the date of
enactment of the STEM RESTART Act).
``(8) Unemployed or underemployed individual.--The term
`unemployed or underemployed individual' means--
``(A) an unemployed or underemployed individual as
defined by the Bureau of Labor Statistics; and
``(B) a displaced or furloughed worker.
``(d) Grant.--
``(1) In general.--From the amounts made available to carry
out this section, the Secretary shall award grants, on a
competitive basis, to eligible entities, to carry out
returnship programs that provide opportunities above entry
level in STEM fields for mid-career skilled workers, and
achieve the purposes described in subsection (b).
``(2) Periods.--The Secretary shall award the grants for an
initial period of not less than 3 years and not more than 5
years.
``(3) Amounts.--In awarding grants under this subsection,
the Secretary shall award a grant--
``(A) for a small-sized enterprise, in an amount so
that each annual payment for the grant is not less than
$100,000 or more than $1,000,000; and
``(B) for a medium-sized enterprise or consortium,
in an amount so that each annual payment for the grant
is not less than $500,000 or more than $5,000,000.
``(e) Eligibility.--
``(1) Eligible entities.--To be eligible to receive a
RESTART grant under this section, an entity shall--
``(A)(i) be located in the United States and have
significant operations and employees within the United
States;
``(ii) not be a debtor in a bankruptcy proceeding,
within the meaning of section 4003(c)(3)(D)(i)(V) of
the CARES Act (15 U.S.C. 9042(c)(3)(D)(i)(V)) or under
a State bankruptcy law; and
``(iii) be within an in-demand industry sector or
occupation in a STEM field; and
``(B) be--
``(i) a small-sized enterprise;
``(ii) a medium-sized enterprise; or
``(iii) a consortium of small-sized or
medium-sized enterprises.
``(2) Eligible providers.--
``(A) In general.--An eligible entity that desires
to partner with a provider in order to carry out a
returnship program under this section shall enter into
an arrangement with an eligible provider.
``(B) Provider.--To be eligible to enter into such
an arrangement, a provider--
``(i) may or may not directly employ
skilled workers in STEM fields but--
``(I) shall have expertise in human
resources-related activities, such as
identifying or carrying out staffing
with skilled workers or
underrepresented populations; and
``(II) shall be capable of
providing high-quality education and
training services; and
``(ii) may be--
``(I)(aa) an institution of higher
education (as defined in section 101 of
the Higher Education Act of 1965 (20
U.S.C. 1001)); or
``(bb) a non-degree-granting
institution that is governed by the
same body that governs an institutions
of higher education described in item
(aa);
``(II) a public, private for-
profit, or private nonprofit service
provider, approved by the local board;
``(III) a joint labor-management
organization;
``(IV) an eligible provider of
adult education and literacy activities
under title II; or
``(V) an established nonprofit
organization that conducts research or
provides training on technical, social
and emotional, and employability skills
and knowledge aligned to the needs of
adult learners and workers.
``(f) Applications.--
``(1) In general.--To be eligible to receive a RESTART
grant to carry out a returnship program, an entity shall submit
an application to the Secretary at such time and in such manner
as the Secretary may reasonably require.
``(2) Contents.--Such an application shall include--
``(A) a description of the demand for skilled
workers in STEM fields and how the RESTART grant will
be used to help meet that demand;
``(B) a description of how the program will lead to
employment of unemployed or underemployed individuals,
particularly workers from underrepresented populations
or from rural areas, who seek to return or transition
to the STEM workforce;
``(C) if the entity has entered into or plans to
enter into an arrangement with an eligible provider as
described in subsection (e)(2) to carry out a
returnship program, information identifying the
eligible provider, and a description of how the
arrangement will help the entity build the knowledge
and skills of skilled workers participating in the
program;
``(D) a description of how the eligible entity will
develop and establish, or expand, a returnship program
that adds to the number of full-time employees employed
by the entity, but does not displace full-time
employees currently (as of the date of submission of
the application) employed by the entity;
``(E) an assurance that any new or existing
returnship program developed and established, or
expanded, with the grant funds will last for at least
10 weeks and provide compensation to participants in
the form of a salary, stipend, or other payment, and
benefits, that are offered to full-time employees with
equivalent experience and expertise, such as health
care or child care benefits; and
``(F) if the returnship program leads to a
recognized postsecondary credential, information on the
quality of the program that leads to the credential.
``(3) Priority.--In making grants under this section, the
Secretary shall give priority to entities who are proposing
programs that prioritize returnships for workers from
underrepresented populations or from rural areas.
``(g) Use of Funds.--
``(1) In general.--An entity that receives a grant under
this section shall use the grant funds to carry out a
returnship program, of not less than 10 weeks, through which
the entity provides for--
``(A) the education and training of returnship
participants; and
``(B) the services of existing employees (as of the
date the program begins) of the entity who are working
with returnship participants in an educational,
training, or managerial role, to maximize the retention
rate and effectiveness of the returnship program.
``(2) Specific uses.--The grant funds may be used--
``(A) to pay for the evaluation, and entry into the
program, and education and training of returnship
participants, including payment for the duration of the
program for the participants for--
``(i) equipment, travel, and (as necessary)
housing;
``(ii) mentorship and career counseling;
and
``(iii) salaries, stipends, or payments,
and benefits, described in subsection
(f)(2)(E);
``(B) to supplement, and not supplant, the
compensation of those existing employees of the entity
who are directly supporting a returnship program
through the work described in paragraph (1)(B); and
``(C) to enter into an arrangement with an eligible
provider to carry out a returnship program.
``(3) Existing employees.--Not more than 20 percent of the
grant funds may be used to provide compensation for the
existing employees performing the work described in paragraph
(1)(B).
``(4) Coordination with state workforce boards.--An entity
that receives a grant under this section shall coordinate
activities with the State workforce development board
established under section 101, to ensure collaboration and
alignment of workforce programs.
``(h) Reporting and Evaluation Requirements.--
``(1) Report to the secretary.--An entity that receives a
grant under this section for a returnship program shall
prepare, certify the contents of, and submit to the Secretary
an annual report containing data regarding--
``(A) the total number of the participants, and the
number of such participants disaggregated by sex, race,
and ethnicity;
``(B) the total number of the participants
transitioned into full-time employment, and the number
of such transitioned participants disaggregated by sex,
race, and ethnicity; and
``(C) if the returnship program includes
participants in an internship, the conversion rate of
the internship participants to employees, for the total
number of those participants and the conversion rate of
those participants disaggregated by sex, race, and
ethnicity.
``(2) Evaluation and report by the secretary.--Not later
than 180 days after receiving the annual reports from grant
recipients under paragraph (1), the Secretary shall--
``(A)(i) prepare a report that presents the data
collected through the reports, including data
disaggregated by sex, race, and ethnicity, and an
evaluation based on that data of the best practices for
effectively implementing returnship (including
internship) programs; and
``(ii) submit the report to the Committee on
Education and the Workforce of the House of
Representatives, and the Committee on Health,
Education, Labor, and Pensions of the Senate; and
``(B) post information on a website on best
practices described in subparagraph (A)(i).
``(i) Authorization of Appropriations.--There is authorized to be
appropriated to the Secretary to carry out this section $50,000,000 for
each of fiscal years 2024 through 2028.''.
(b) Table of Contents.--The table of contents in section 1(b) of
the Workforce Innovation and Opportunity Act is amended--
(1) by redesignating the item relating to section 172 as
the item relating to section 173; and
(2) by inserting after the item relating to section 171 the
following:
``Sec. 172. Grants to support skilled workers in returning or
transitioning to the STEM workforce.''.
<all>
</pre></body></html>
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118S663
|
Metastatic Breast Cancer Access to Care Act
|
[
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"M001169",
"Sen. Murphy, Christopher [D-CT]",
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"Sen. Ernst, Joni [R-IA]",
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[
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"cosponsor"
]
] |
<html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 663 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 663
To amend title II of the Social Security Act to eliminate the waiting
periods for disability insurance benefits and Medicare coverage for
individuals with metastatic breast cancer, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
March 6, 2023
Mr. Murphy (for himself and Ms. Ernst) 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 eliminate the waiting
periods for disability insurance benefits and Medicare coverage for
individuals with metastatic breast cancer, and for other 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 ``Metastatic Breast Cancer Access to
Care Act''.
SEC. 2. ELIMINATION OF WAITING PERIOD FOR INDIVIDUALS WITH METASTATIC
BREAST CANCER.
(a) In General.--Section 223(a) of the Social Security Act (42
U.S.C. 423(a)) is amended--
(1) in paragraph (1), in the matter following subparagraph
(E), by inserting ``or metastatic breast cancer'' after
``amyotrophic lateral sclerosis''; and
(2) in paragraph (2)(B), by inserting ``or (iii)'' after
``clause (ii)''.
(b) Effective Date.--The amendments made by this section shall
apply with respect to applications for disability insurance benefits
filed after the date of the enactment of this Act.
SEC. 3. WAIVER OF 24-MONTH WAITING PERIOD FOR MEDICARE COVERAGE OF
INDIVIDUALS WITH METASTATIC BREAST CANCER.
(a) In General.--Section 226(h) of the Social Security Act (42
U.S.C. 426(h)) is amended by inserting ``or metastatic breast cancer''
after ``amyotrophic lateral sclerosis (ALS)''.
(b) Effective Date.--The amendments made by this section shall
apply to benefits for months beginning after the date of the enactment
of this Act.
<all>
</pre></body></html>
|
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|
118S664
|
A bill to ensure that Social Security beneficiaries receive regular statements from the Social Security Administration, and for other purposes.
|
[
[
"C001075",
"Sen. Cassidy, Bill [R-LA]",
"sponsor"
],
[
"C001088",
"Sen. Coons, Christopher A. [D-DE]",
"cosponsor"
],
[
"C001035",
"Sen. Collins, Susan M. [R-ME]",
"cosponsor"
],
[
"K000384",
"Sen. Kaine, Tim [D-VA]",
"cosponsor"
]
] |
<p>This bill requires the Social Security Administration (SSA) to mail paper copies of Social Security statements to each individual with a Social Security number at particular times and intervals.</p> <p>The SSA must mail the statements whenever an individual enters the workforce or starts a new job.</p> <p>In addition, the SSA must mail the statements periodically throughout an individual's life. From age 25 to 54, the SSA must mail the statements at least once every five years. From age 55 to 59, the SSA must mail the statements at least once every two years. After age 60, the SSA must mail the statements annually.</p> <p>An individual may opt out of receiving the paper statements.</p>
|
<html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 664 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 664
To ensure that Social Security beneficiaries receive regular statements
from the Social Security Administration, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
March 6, 2023
Mr. Cassidy (for himself, Mr. Coons, Ms. Collins, and Mr. Kaine)
introduced the following bill; which was read twice and referred to the
Committee on Finance
_______________________________________________________________________
A BILL
To ensure that Social Security beneficiaries receive regular statements
from the Social Security Administration, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SEC. 1. ENSURING BENEFICIARIES RECEIVE REGULAR SOCIAL SECURITY
STATEMENTS.
Not later than January 1, 2025, the Commissioner of Social Security
shall ensure that--
(1) individuals with social security account numbers are
mailed a paper social security statement whenever they enter
the workforce or start a new job;
(2) a paper social security statement is mailed to each
individual with a social security account number not less
frequently than--
(A) once every 5 years beginning with the year in
which the individual achieves age 25;
(B) once every 2 years beginning with the year in
which the individual achieves age 55; and
(C) annually beginning with the year in which the
individual achieves age 60;
(3) individuals with social security account numbers are
mailed paper social security statements regardless of whether
they have created an online ``my Social Security'' account with
the Social Security Administration; and
(4) individuals are able to opt out from receiving paper
social security statements (including statements otherwise
required under this section).
SEC. 2. LIMITATION ON ADMINISTRATIVE EXPENSES.
There are authorized to be appropriated to the Commissioner of
Social Security for the Social Security Administration's Limitation on
Administrative Expenses for each fiscal year beginning with 2024 such
sums as are necessary to carry out this Act.
<all>
</pre></body></html>
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"Government information and archives",
"Social security and elderly assistance"
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118S665
|
Conrad State 30 and Physician Access Reauthorization Act
|
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"sponsor"
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"cosponsor"
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"cosponsor"
],
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"cosponsor"
],
[
"P000603",
"Sen. Paul, Rand [R-KY]",
"cosponsor"
],
[
"D000563",
"Sen. Durbin, Richard J. [D-IL]",
"cosponsor"
],
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"M000934",
"Sen. Moran, Jerry [R-KS]",
"cosponsor"
],
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"S001181",
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"cosponsor"
],
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"W000437",
"Sen. Wicker, Roger F. [R-MS]",
"cosponsor"
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"S001203",
"Sen. Smith, Tina [D-MN]",
"cosponsor"
],
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"M001198",
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"cosponsor"
],
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"cosponsor"
],
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"cosponsor"
],
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"cosponsor"
],
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"W000817",
"Sen. Warren, Elizabeth [D-MA]",
"cosponsor"
]
] |
<html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 665 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 665
To provide incentives to physicians to practice in rural and medically
underserved communities, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
March 6, 2023
Ms. Klobuchar (for herself, Ms. Collins, Ms. Rosen, Mr. Tillis, Mr.
King, Mr. Thune, Mr. Merkley, Mrs. Capito, Mr. Coons, Mr. Paul, Mr.
Durbin, Mr. Moran, Mrs. Shaheen, Mr. Wicker, Ms. Smith, Mr. Marshall,
Mr. Blumenthal, Mr. Cramer, and Mr. Boozman) introduced the following
bill; which was read twice and referred to the Committee on the
Judiciary
_______________________________________________________________________
A BILL
To provide incentives to physicians to practice in rural and medically
underserved communities, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Conrad State 30 and Physician Access
Reauthorization Act''.
SEC. 2. CONRAD STATE 30 PROGRAM.
(a) Extension.--Section 220(c) of the Immigration and Nationality
Technical Corrections Act of 1994 (Public Law 103-416; 8 U.S.C. 1182
note) is amended by striking ``September 30, 2015'' and inserting ``on
the date that is 3 years after the date of the enactment of the Conrad
State 30 and Physician Access Reauthorization Act''.
(b) Effective Date.--The amendment made by subsection (a) shall
take effect as if enacted on September 30, 2018.
SEC. 3. RETAINING PHYSICIANS WHO HAVE PRACTICED IN MEDICALLY
UNDERSERVED COMMUNITIES.
Section 201(b)(1) of the Immigration and Nationality Act (8 U.S.C.
1151(b)(1)) is amended by adding at the end the following:
``(F)(i) Alien physicians who have completed service
requirements of a waiver requested under section
203(b)(2)(B)(ii), including--
``(I) alien physicians who completed such service
before the date of the enactment of the Conrad State 30
and Physician Access Act; and
``(II) the spouse or children of an alien physician
described in subclause (I).
``(ii) Nothing in this subparagraph may be construed--
``(I) to prevent the filing of a petition with the
Secretary of Homeland Security for classification under
section 204(a) or the filing of an application for
adjustment of status under section 245 by an alien
physician described in this subparagraph before the
date by which such alien physician has completed the
service described in section 214(l) or worked full-time
as a physician for an aggregate of 5 years at the
location identified in the section 214(l) waiver or in
an area or areas designated by the Secretary of Health
and Human Services as having a shortage of health care
professionals; or
``(II) to permit the Secretary of Homeland Security
to grant a petition or application described in
subclause (I) until the alien has satisfied all of the
requirements of the waiver received under section
214(l).''.
SEC. 4. EMPLOYMENT PROTECTIONS FOR PHYSICIANS.
(a) Exceptions to 2-Year Foreign Residency Requirement.--Section
214(l)(1) of the Immigration and Nationality Act (8 U.S.C. 1184(l)(1))
is amended--
(1) in the matter preceding subparagraph (A), by striking
``Attorney General'' and inserting ``Secretary of Homeland
Security'';
(2) in subparagraph (A), by striking ``Director of the
United States Information Agency'' and inserting ``Secretary of
State'';
(3) in subparagraph (B), by inserting ``, except as
provided in paragraphs (7) and (8)'' before the semicolon at
the end;
(4) in subparagraph (C), by striking clauses (i) and (ii)
and inserting the following:
``(i) the alien demonstrates a bona fide offer of
full-time employment at a health facility or health
care organization, which employment has been determined
by the Secretary of Homeland Security to be in the
public interest; and
``(ii) the alien--
``(I) has accepted employment with the
health facility or health care organization in
a geographic area or areas which are designated
by the Secretary of Health and Human Services
as having a shortage of health care
professionals;
``(II) begins employment by the later of
the date that is--
``(aa) 120 days after receiving
such waiver;
``(bb) 120 days after completing
graduate medical education or training
under a program approved pursuant to
section 212(j)(1); or
``(cc) 120 days after receiving
nonimmigrant status or employment
authorization, if the alien or the
alien's employer petitions for such
nonimmigrant status or employment
authorization not later than 120 days
after the date on which the alien
completes his or her graduate medical
education or training under a program
approved pursuant to section 212(j)(1);
and
``(III) agrees to continue to work for a
total of not less than 3 years in the status
authorized for such employment under this
subsection, except as provided in paragraph
(8).''; and
(5) in subparagraph (D), in the matter preceding clause
(i), by inserting ``(except as provided in paragraph (8))''.
(b) Allowable Visa Status for Physicians Fulfilling Waiver
Requirements in Medically Underserved Areas.--Section 214(l)(2)(A) of
such Act (8 U.S.C. 1184(l)(2)(A)) is amended to read as follows:
``(A) Upon the request of an interested Federal agency or
an interested State agency for recommendation of a waiver under
this section by a physician who is maintaining valid
nonimmigrant status under section 101(a)(15)(J) and a favorable
recommendation by the Secretary of State, the Secretary of
Homeland Security may change the status of such physician to
any status authorized for employment under this Act. The
numerical limitations contained in subsection (g)(1)(A) shall
not apply to any alien whose status is changed under this
subparagraph.''.
(c) Violation of Agreements.--Section 214(l)(3)(A) of such Act (8
U.S.C. 1184(l)(3)(A)) is amended by inserting ``substantial requirement
of an'' before ``agreement entered into''.
(d) Physician Employment in Underserved Areas.--Section 214(l) of
such Act, as amended by this section, is further amended by adding at
the end the following:
``(4)(A) If an interested State agency denies an application for a
waiver under paragraph (1)(B) from a physician pursuing graduate
medical education or training pursuant to section 101(a)(15)(J) because
the State has requested the maximum number of waivers permitted for
that fiscal year, the physician's nonimmigrant status shall be extended
for up to 6 months if the physician agrees to seek a waiver under this
subsection (except for paragraph (1)(D)(ii)) to work for an employer
described in paragraph (1)(C) in a State that has not yet requested the
maximum number of waivers.
``(B) Such physician shall be authorized to work only for the
employer referred to in subparagraph (A) during the period beginning on
the date on which a new waiver application is filed with such State and
ending on the earlier of--
``(i) the date on which the Secretary of Homeland Security
denies such waiver; or
``(ii) the date on which the Secretary approves an
application for change of status under paragraph (2)(A)
pursuant to the approval of such waiver.''.
(e) Contract Requirements.--Section 214(l) of such Act, as amended
by this section, is further amended by adding at the end the following:
``(5) An alien granted a waiver under paragraph (1)(C) shall enter
into an employment agreement with the contracting health facility or
health care organization that--
``(A) specifies the maximum number of on-call hours per
week (which may be a monthly average) that the alien will be
expected to be available and the compensation the alien will
receive for on-call time;
``(B) specifies--
``(i) whether the contracting facility or
organization--
``(I) has secured medical malpractice
liability protection for the alien under
section 224(g) of the Public Health Service Act
(42 U.S.C. 233(g)); or
``(II) will pay the alien's malpractice
insurance premiums;
``(ii) whether the employer will provide
malpractice insurance for the alien; and
``(iii) the amount of such liability protection
that will be provided;
``(C) describes all of the work locations that the alien
will work and includes a statement that the contracting
facility or organization will not add additional work locations
without the approval of the Federal agency or State agency that
requested the waiver; and
``(D) does not include a non-compete provision.
``(6) An alien granted a waiver under this subsection whose
employment relationship with a health facility or health care
organization terminates under paragraph (1)(C)(ii) during the 3-year
service period required under paragraph (1) shall be considered to be
maintaining lawful status in an authorized period of stay during the
120-day period referred to in items (aa) and (bb) of subclause (III) of
paragraph (1)(C)(ii) or the 45-day period referred to in subclause
(III)(cc) of such paragraph.''.
(f) Recapturing Waiver Slots Lost to Other States.--Section 214(l)
of such Act, as amended by this section, is further amended by adding
at the end the following:
``(7) If a recipient of a waiver under this subsection terminates
the recipient's employment with a health facility or health care
organization pursuant to paragraph (1)(C)(ii), including termination of
employment because of circumstances described in paragraph
(1)(C)(ii)(III), and accepts new employment with such a facility or
organization in a different State, the State from which the alien is
departing may be accorded an additional waiver by the Secretary of
State for use in the fiscal year in which the alien's employment was
terminated.''.
(g) Exception to 3-Year Work Requirement.--Section 214(l) of such
Act, as amended by this section, is further amended by adding at the
end the following:
``(8) The 3-year work requirement set forth in subparagraphs (C)
and (D) of paragraph (1) shall not apply if--
``(A)(i) the Secretary of Homeland Security determines that
extenuating circumstances, including violations by the employer
of the employment agreement with the alien or of labor and
employment laws, exist that justify a lesser period of
employment at such facility or organization; and
``(ii) the alien demonstrates, not later than 120 days
after the employment termination date (unless the Secretary
determines that extenuating circumstances would justify an
extension), another bona fide offer of employment at a health
facility or health care organization in a geographic area or
areas which are designated by the Secretary of Health and Human
Services as having a shortage of health care professionals, for
the remainder of such 3-year period;
``(B)(i) the interested State agency that requested the
waiver attests that extenuating circumstances, including
violations by the employer of the employment agreement with the
alien or of labor and employment laws, exist that justify a
lesser period of employment at such facility or organization;
and
``(ii) the alien demonstrates, not later than 120 days
after the employment termination date (unless the Secretary
determines that extenuating circumstances would justify an
extension), another bona fide offer of employment at a health
facility or health care organization in a geographic area or
areas which are designated by the Secretary of Health and Human
Services as having a shortage of health care professionals, for
the remainder of such 3-year period; or
``(C) the alien--
``(i) elects not to pursue a determination of
extenuating circumstances pursuant to subclause (A) or
(B);
``(ii) terminates the alien's employment
relationship with the health facility or health care
organization at which the alien was employed;
``(iii) demonstrates, not later than 45 days after
the employment termination date, another bona fide
offer of employment at a health facility or health care
organization in a geographic area or areas, in the
State that requested the alien's waiver, which are
designated by the Secretary of Health and Human
Services as having a shortage of health care
professionals; and
``(iv) agrees to be employed for the remainder of
such 3-year period, and 1 additional year for each
termination under clause (ii).''.
SEC. 5. ALLOTMENT OF CONRAD 30 WAIVERS.
(a) In General.--Section 214(l) of the Immigration and Nationality
Act (8 U.S.C. 1184(l)), as amended by section 4, is further amended by
adding at the end the following:
``(9)(A)(i) All States shall be allotted a total of 35 waivers
under paragraph (1)(B) for a fiscal year if 90 percent of the waivers
available to the States receiving at least 5 waivers were used in the
previous fiscal year.
``(ii) When an allotment occurs under clause (i), all States shall
be allotted an additional 5 waivers under paragraph (1)(B) for each
subsequent fiscal year if 90 percent of the waivers available to the
States receiving at least 5 waivers were used in the previous fiscal
year. If the States are allotted 45 or more waivers for a fiscal year,
the States will only receive an additional increase of 5 waivers the
following fiscal year if 95 percent of the waivers available to the
States receiving at least 1 waiver were used in the previous fiscal
year.
``(B) Any increase in allotments under subparagraph (A) shall be
maintained indefinitely, unless in a fiscal year, the total number of
such waivers granted is 5 percent lower than in the last year in which
there was an increase in the number of waivers allotted pursuant to
this paragraph, in which case--
``(i) the number of waivers allotted shall be decreased by
5 for all States beginning in the next fiscal year; and
``(ii) each additional 5 percent decrease in such waivers
granted from the last year in which there was an increase in
the allotment, shall result in an additional decrease of 5
waivers allotted for all States, provided that the number of
waivers allotted for all States shall not drop below 30.''.
(b) Academic Medical Centers.--Section 214(l)(1)(D) of such Act (8
U.S.C. 1184(l)(1)(D)) is amended--
(1) in clause (ii), by striking ``and'' at the end;
(2) in clause (iii), by striking the period at the end and
inserting ``; and''; and
(3) by adding at the end the following:
``(iv) in the case of a request by an interested
State agency--
``(I) the head of such agency determines
that the alien is to practice medicine in, or
be on the faculty of a residency program at, an
academic medical center (as that term is
defined in section 411.355(e)(2) of title 42,
Code of Federal Regulations, or similar
successor regulation), without regard to
whether such facility is located within an area
designated by the Secretary of Health and Human
Services as having a shortage of health care
professionals; and
``(II) the head of such agency determines
that--
``(aa) the alien physician's work
is in the public interest; and
``(bb) the grant of such waiver
would not cause the number of the
waivers granted on behalf of aliens for
such State for a fiscal year (within
the limitation in subparagraph (B) and
subject to paragraph (6)) in accordance
with the conditions of this clause to
exceed 3.''.
SEC. 6. AMENDMENTS TO THE PROCEDURES, DEFINITIONS, AND OTHER PROVISIONS
RELATED TO PHYSICIAN IMMIGRATION.
(a) Dual Intent for Physicians Seeking Graduate Medical Training.--
Section 214(b) of the Immigration and Nationality Act (8 U.S.C.
1184(b)) is amended by striking ``(other than a nonimmigrant described
in subparagraph (L) or (V) of section 101(a)(15), and other than a
nonimmigrant described in any provision of section 101(a)(15)(H)(i)
except subclause (b1) of such section)'' and inserting ``(other than a
nonimmigrant described in subparagraph (L) or (V) of section
101(a)(15), a nonimmigrant described in any provision of section
101(a)(15)(H)(i) (except subclause (b1) of such section), and an alien
coming to the United States to receive graduate medical education or
training as described in section 212(j) or to take examinations
required to receive graduate medical education or training as described
in section 212(j))''.
(b) Physician National Interest Waiver Clarifications.--
(1) Practice and geographic area.--Section
203(b)(2)(B)(ii)(I) of the Immigration and Nationality Act (8
U.S.C. 1153(b)(2)(B)(ii)(I)) is amended by striking items (aa)
and (bb) and inserting the following:
``(aa) the alien physician agrees to work
on a full-time basis practicing primary care,
specialty medicine, or a combination thereof,
in an area or areas designated by the Secretary
of Health and Human Services as having a
shortage of health care professionals, or at a
health care facility under the jurisdiction of
the Secretary of Veterans Affairs; or
``(bb) the alien physician is pursuing such
waiver based upon service at a facility or
facilities that serve patients who reside in a
geographic area or areas designated by the
Secretary of Health and Human Services as
having a shortage of health care professionals
(without regard to whether such facility or
facilities are located within such an area) and
a Federal agency, or a local, county, regional,
or State department of public health determines
the alien physician's work was or will be in
the public interest.''.
(2) Five-year service requirement.--Section
203(b)(2)(B)(ii) of the Immigration and Nationality Act (8
U.S.C. 1153(B)(ii)) is amended--
(A) by moving subclauses (II), (III), and (IV) 4
ems to the left; and
(B) in subclause (II)--
(i) by inserting ``(aa)'' after ``(II)'';
and
(ii) by adding at the end the following:
``(bb) The 5-year service requirement under
item (aa) shall begin on the date on which the
alien physician begins work in the shortage
area in any legal status and not on the date on
which an immigrant visa petition is filed or
approved. Such service shall be aggregated
without regard to when such service began and
without regard to whether such service began
during or in conjunction with a course of
graduate medical education.
``(cc) An alien physician shall not be
required to submit an employment contract with
a term exceeding the balance of the 5-year
commitment yet to be served or an employment
contract dated within a minimum time period
before filing a visa petition under this
subsection.
``(dd) An alien physician shall not be
required to file additional immigrant visa
petitions upon a change of work location from
the location approved in the original national
interest immigrant petition.''.
(c) Technical Clarification Regarding Advanced Degree for
Physicians.--Section 203(b)(2)(A) of the Immigration and Nationality
Act (8 U.S.C. 1153(b)(2)(A)) is amended by adding at the end the
following: ``An alien physician holding a foreign medical degree that
has been deemed sufficient for acceptance by an accredited United
States medical residency or fellowship program is a member of the
professions holding an advanced degree or its equivalent.''.
(d) Short-Term Work Authorization for Physicians Completing Their
Residencies.--
(1) In general.--A physician completing graduate medical
education or training described in section 212(j) of the
Immigration and Nationality Act (8 U.S.C. 1182(j)) as a
nonimmigrant described in section 101(a)(15)(H)(i) of such Act
(8 U.S.C. 1101(a)(15)(H)(i))--
(A) shall have such nonimmigrant status
automatically extended until October 1 of the fiscal
year for which a petition for a continuation of such
nonimmigrant status has been submitted in a timely
manner and the employment start date for the
beneficiary of such petition is October 1 of that
fiscal year; and
(B) shall be authorized to be employed incident to
status during the period between the filing of such
petition and October 1 of such fiscal year.
(2) Termination.--The physician's status and employment
authorization shall terminate on the date that is 30 days after
the date on which a petition described in paragraph (1)(A) is
rejected, denied or revoked.
(3) Automatic extension.--A physician's status and
employment authorization will automatically extend to October 1
of the next fiscal year if all of the visas described in
section 101(a)(15)(H)(i) of such Act that were authorized to be
issued for the fiscal year have been issued.
(e) Applicability of Section 212(e) to Spouses and Children of J-1
Exchange Visitors.--A spouse or child of an exchange visitor described
in section 101(a)(15)(J) of the Immigration and Nationality Act (8
U.S.C. 1101(a)(15)(J)) shall not be subject to the requirements under
section 212(e) of such Act (8 U.S.C. 1182(e)).
SEC. 7. ANNUAL CONRAD STATE 30 J-1 VISA WAIVER PROGRAM STATISTICAL
REPORT.
The Director of U.S. Citizenship and Immigration Services shall
submit an annual report to Congress and to the Department of Health and
Human Services that identifies the number of aliens admitted during the
most recently concluded fiscal year as a result of the Conrad State 30
J-1 Visa Waiver Program established under sections 212(e) and 214(l) of
the Immigration and Nationality Act (8 U.S.C. 1182(e) and 1184(l)),
broken down by State.
<all>
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118S666
|
Identifying and Eliminating Wasteful Programs Act
|
[
[
"H001076",
"Sen. Hassan, Margaret Wood [D-NH]",
"sponsor"
],
[
"B001310",
"Sen. Braun, Mike [R-IN]",
"cosponsor"
]
] |
<p><strong>Identifying and Eliminating Wasteful Programs Act</strong></p> <p>This bill requires each federal agency to compile a list of unnecessary programs.</p> <p>Specifically, each agency must compile a list of such programs, based on guidance provided by the Office of Management and Budget, that </p> <ul> <li>are unnecessary, defunct, or unnecessarily duplicative federal programs;</li> <li>another agency could administer more effectively; or</li> <li>could operate more effectively if the program or activity were consolidated with other programs or activities.</li> </ul> <p>Additionally, the President must include the list of identified programs or program activities in the annual budget submitted to Congress.</p> <p>An agency may submit to Congress recommendations for statutory changes to eliminate or consolidate programs or program activities identified in the list.</p>
|
<html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 666 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 666
To amend title 31, United States Code, to require the Chief Operating
Officer of each agency to compile a list of unnecessary programs, and
for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
March 7, 2023
Ms. Hassan (for herself and Mr. Braun) introduced the following bill;
which was read twice and referred to the Committee on Homeland Security
and Governmental Affairs
_______________________________________________________________________
A BILL
To amend title 31, United States Code, to require the Chief Operating
Officer of each agency to compile a list of unnecessary 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 ``Identifying and Eliminating Wasteful
Programs Act''.
SEC. 2. IDENTIFICATION AND ELIMINATION OF UNNECESSARY AGENCY PROGRAMS
OR PROGRAM ACTIVITIES.
(a) Transparency of Programs, Priority Goals, and Results.--Section
1122(a)(3)(D) of title 31, United States Code, is amended--
(1) by redesignating clauses (vi) and (vii) as clauses
(vii) and (viii), respectively;
(2) by inserting after clause (v) the following:
``(vi) to the extent practicable and
consistent with guidance issued by the Director
of the Office of Management and Budget, budget
justification materials described in section
3(b)(2)(B) of the Federal Funding
Accountability and Transparency Act of 2006 (31
U.S.C. 6101 note);''; and
(3) in clause (vii), as so redesignated, by striking
``accountability; and'' and inserting ``accountability,
including information included in the list compiled under
section 1127(b)(1); and''.
(b) Identification of Unnecessary Agency Programs or Program
Activities.--Chapter 11 of title 31, United States Code, is amended by
adding at the end the following:
``Sec. 1127. Identification of unnecessary agency programs or program
activities
``(a) Definitions.--In this section:
``(1) Agency.--The term `agency' has the meaning given the
term in section 1108(a).
``(2) Program.--The term `program' has the meaning given
the term in section 1122(a)(1).
``(3) Program activity.--The term `program activity' has
the meaning given the term in section 1115(h).
``(b) Agency Identification of Unnecessary Programs or Program
Activities.--Not later than 20 days after the date on which the
President submits the budget of the United States Government under
section 1105(a) each year, and based on guidance provided by the
Director of the Office of Management and Budget, the Chief Operating
Officer of each agency shall--
``(1) compile a list that identifies any program or program
activity of the agency that--
``(A) is unnecessary, defunct, or unnecessarily
duplicative of another program or program activity of
the agency;
``(B) another agency could administer more
effectively; or
``(C) could operate more effectively if the program
or activity were consolidated with other programs or
activities;
``(2) publish the list compiled under paragraph (1) in--
``(A) with respect to each list compiled before the
date of the implementation described in section
9601(b)(3) of title XCVI of the William M. (Mac)
Thornberry National Defense Authorization Act for
Fiscal Year 2021 (31 U.S.C. 1122 note) of the program
inventory described in section 1122(a)(2)(B)(i) of this
title, the pilot program described in section
9601(b)(2)(B) of title XCVI of that Act; and
``(B) with respect to each successive list, the
program inventory described in section
1122(a)(2)(B)(i); and
``(3) submit the list compiled under paragraph (1) to--
``(A) the relevant congressional committees of
jurisdiction of the agency;
``(B) the Committee on Appropriations of the
Senate;
``(C) the Committee on Homeland Security and
Governmental Affairs of the Senate;
``(D) the Committee on Appropriations of the House
of Representatives; and
``(E) the Committee on Oversight and Accountability
of the House of Representatives.
``(c) Recommendations.--Based on guidance issued by the Director of
the Office of Management and Budget, the head of an agency may submit
to Congress recommendations for statutory changes to eliminate or
consolidate programs or program activities identified under subsection
(b)(1).''.
(c) Clerical Amendment.--The table of sections for chapter 11 of
title 31, United States Code, is amended by adding at the end the
following:
``1127. Identification of unnecessary agency programs or program
activities.''.
(d) Effective Date.--The amendments made by this section shall take
effect on the date that is 120 days after the date of enactment of this
Act.
<all>
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118S667
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TRUE EQUITY Act
|
[
[
"C000141",
"Sen. Cardin, Benjamin L. [D-MD]",
"sponsor"
],
[
"V000128",
"Sen. Van Hollen, Chris [D-MD]",
"cosponsor"
]
] |
<p><b>Transformational Reforms and Updates to Ensure Educational Quality and Urgent Investments in Today's Youth Act of 2023 or the TRUE EQUITY Act</b> <b>of 2023</b></p> <p>This bill establishes various grant programs to address educational inequities in elementary and secondary schools.</p> <p>Specifically, the bill creates grant programs related to (1) early childhood education, (2) high-quality and diverse teachers and leaders, (3) college and career readiness pathways, and (4) additional resources for at-risk students. For each grant program, the Department of Education (ED) must award a single grant to an eligible state.</p> <p> To be eligible for a grant, a state must establish an independent state oversight board. The oversight board must, among other duties (1) determine whether the state and its local educational agencies (LEAs) have met state educational equity goals, and (2) hold them accountable for failing to meet those goals. ED may renew a grant if the oversight board determines the state has met its goals.</p> <p>In addition, for each grant program, the bill outlines the activities authorized under the program, maintenance-of-effort requirements, and matching fund requirements.</p> <p>Finally, the bill permits ED to enter into a local flexibility demonstration agreement, through which a state educational agency may use funds to develop and implement a school funding system based on weighted per-pupil allocations for low-income and disadvantaged students. (Currently, ED may enter into these agreements with LEAs.)</p>
|
<html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 667 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 667
To provide for a Federal partnership to ensure educational equity and
quality.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
March 7, 2023
Mr. Cardin (for himself and Mr. Van Hollen) introduced the following
bill; which was read twice and referred to the Committee on Health,
Education, Labor, and Pensions
_______________________________________________________________________
A BILL
To provide for a Federal partnership to ensure educational equity and
quality.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Transformational Reforms and Updates
to Ensure Educational Quality and Urgent Investments in Today's Youth
Act of 2023'' or the ``TRUE EQUITY Act''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) The fate of our Nation and the opportunities it creates
for our children and grandchildren to enjoy successful careers
and rewarding lives depends on the quality, equal access, and
effectiveness of pre-kindergarten through twelfth grade
education in every local school district across the country.
(2) Our education systems must prepare students to compete
in an interconnected, global economy.
(3) Despite the current combinations of Federal, State, and
local funding and innovative educational policies, States with
historically well regarded kindergarten through grade 12
education systems may find their students falling behind their
peers nationally and internationally. In Maryland, a State with
a historically well regarded kindergarten through grade 12
education system, fourth and eighth graders placed in the
middle of the pack nationally in reading and math scores on the
National Assessment of Education Progress.
(4) The United States as a whole scored well down the
second quartile among students from 72 countries on the
Programme for International Student Assessment.
(5) Even in States with reading and math scores higher than
the national average, there may be significant and persistent
racial, ethnic, and income disparity gaps between students of
color and low-income students compared to their higher income
and white peers.
(6) These same disparities carry into college enrollment,
with fewer students of color and low-income students enrolling
in college than their higher income and white peers.
(7) The novel coronavirus (COVID-19) health pandemic forced
the physical closure of schools nationwide in March 2020,
moving students from the classroom to online learning. The
public health necessity to turn to online learning further
exacerbated the significant and persistent racial, ethnic, and
income disparity learning gaps as students struggled to access
educational technology devices and the internet.
(8) At the start of online learning, Maryland school
districts reported that on average, nearly 25 percent of
Maryland students had not logged into their new online
classrooms or picked up paper work packets, falling out of
sight and behind their peers.
(9) Millions of children fell further behind as a result of
opportunity gaps that fail to provide students with ready
access to individualized instruction, healthy meals, mental
health counseling services, and hands on career training
programs.
(10) As school systems have returned full time to the in-
person learning environment, assessments to determine the
effect of COVID-19 have shown that achievement and opportunity
gaps have only widened between students of color and low-income
students and their higher income and white peers.
(11) In order to address these inequities in education and
harm caused by COVID-19, certain States, including Maryland,
have researched and enacted bold, transformative Federal,
State, and local funding and policy changes to their pre-
kindergarten through twelfth grade education systems, with five
main policy areas under the 2021 authorized Blueprint for
Maryland's Future, which includes the following focus areas:
(A) Investing in high-quality early childhood
education and care through a significant expansion of
full day pre-school, to be free for all low-income
three- and four-year-olds, so that all children have
the opportunity to begin kindergarten ready to learn.
(B) Investing in teachers and school leaders by
elevating the standards and status of the teaching
profession, including a performance-based career ladder
and salaries comparable to other fields with similar
education requirements.
(C) Creating a world-class instructional system
with an internationally benchmarked curriculum that
enables most students to achieve ``college and career
ready'' status by 10th grade and then pursue pathways
that include early college, Advanced Placement courses,
or a rigorous technical education leading to industry-
recognized credentials and high paying jobs.
(D) Providing supports to students that need it the
most with broad and sustained support for schools
serving high concentrations of poverty, with after
school and summer academic programs and student access
to needed health and social services.
(E) Ensuring excellence for all through an
accountability-oversight board that has the authority
to ensure transformative education system
recommendations are successfully implemented and
produce the desired improvements in student
achievement.
SEC. 3. SENSE OF CONGRESS.
It is the sense of Congress that--
(1) no matter a child's ZIP Code, they deserve equal access
to a quality, public pre-kindergarten through twelfth grade
education;
(2) no inequities in student achievement, college
enrollment, or Federal, State, and local funding should be
tolerated;
(3) the Federal Government should live up to its original
commitment in 1975 under the Individuals with Disabilities
Education Act (20 U.S.C. 1400 et seq.) to provide 40 percent of
the cost to educate children with disabilities and assist State
educational agencies and local educational agencies in
providing a free appropriate public education; and
(4) the Federal Government should be an active partner with
State educational agencies and local educational agencies that
are willing to modify policies and commit additional State and
local resources to address education inequities.
SEC. 4. DEFINITIONS.
In this Act:
(1) Local educational agency.--The term ``local educational
agency'' has the meaning given the term in section 8101 of the
Elementary and Secondary Education Act of 1965 (20 U.S.C.
7801).
(2) Secretary.--The term ``Secretary'' means the Secretary
of Education.
(3) State educational agency.--The term ``State educational
agency'' has the meaning given the term in section 8101 of the
Elementary and Secondary Education Act of 1965 (20 U.S.C.
7801).
TITLE I--EARLY CHILDHOOD EDUCATION
SEC. 101. EARLY CHILDHOOD EDUCATION GRANT PROGRAM.
(a) Authorization.--
(1) In general.--The Secretary shall award a single grant,
on a competitive basis, to an eligible State to enable the
State to carry out the authorized activities described in
subsection (c).
(2) Eligible state.--In this section, the term ``eligible
State'' means a State--
(A) that has established a State Oversight Board as
described in section 501; and
(B) that commits to educational equity.
(3) Duration; renewal.--The grant awarded under this
section shall be for a 2-year duration, and may be renewed by
the Secretary for not more than 4 additional 2-year periods if
the State Oversight Board of the State determines that the
State has met the educational equity goals of the State, as
described in section 501.
(4) Maintenance of effort.--If the Secretary does not renew
a grant awarded under this section to a State for an additional
2-year period for failure to meet the educational equity goals
of the State, the State shall provide, from non-Federal
sources, amounts for such 2-year period that are not less than
the sum of the grant amount provided by the Secretary and the
matching funds provided by the State under subsection (d) for
the initial 2-year grant period.
(b) Application.--An eligible State that desires to receive a grant
under this section shall submit an application to the Secretary at such
time, in such manner, and accompanied by such information as the
Secretary may require, including providing the State's educational
equity goals and the accountability consequences for the State and
local educational agencies in the State if the State Oversight Board
determines that the State or a local educational agency fails to meet
the educational equity goals of the State, including the potential
withholding of funds, as described in section 501.
(c) Authorized Activities.--
(1) In general.--An eligible State that receives a grant
under this section shall use the grant funds to carry out
activities authorized under the following provisions:
(A) Section 619 and part C of the Individuals with
Disabilities Education Act (20 U.S.C. 1419 and 1431 et
seq.).
(B) Paragraphs (1)(B)(i), (5)(A), and (5)(B) of
section 640(a) of the Head Start Act (42 U.S.C.
9835(1)(B)(i), (5)(A), and (5)(B)).
(C) Section 9212 of the Every Student Succeeds Act
(42 U.S.C. 9831 note).
(2) Subgrants.--An eligible State that receives a grant
under this section may use the grant funds to award subgrants
to local educational agencies to carry out the activities
described in paragraph (1).
(3) Compliance with programs.--In using grant funds
provided under this section or subgrant funds provided under
paragraph (2) to carry out the activities described in
paragraph (1), the eligible State or local educational agency
shall comply with the requirements of the programs under which
such activities are authorized.
(d) Matching Requirement.--Each eligible State that receives a
grant under this section shall provide, from non-Federal sources, an
amount equal to 200 percent of the amount of the grant (which may be
provided in cash or in kind) to carry out the activities supported by
the grant.
(e) Supplement, Not Supplant.--An eligible State shall use Federal
funds received under this section only to supplement the funds that
would, in the absence of such Federal funds, be made available from
State and local sources for activities described in subsection (c), and
not to supplant such funds.
(f) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section--
(1) $275,000,000 for fiscal year 2024;
(2) $288,750,000 for fiscal year 2025;
(3) $303,187,500 for fiscal year 2026;
(4) $318,346,875 for fiscal year 2027;
(5) $334,264,219 for fiscal year 2028;
(6) $350,977,430 for fiscal year 2029;
(7) $368,526,301 for fiscal year 2030;
(8) $386,952,616 for fiscal year 2031;
(9) $406,300,247 for fiscal year 2032; and
(10) $426,615,259 for fiscal year 2033.
TITLE II--HIGH-QUALITY AND DIVERSE TEACHERS AND LEADERS
SEC. 201. HIGH-QUALITY AND DIVERSE TEACHERS AND LEADERS GRANT PROGRAM.
(a) Authorization.--
(1) In general.--The Secretary shall award a single grant,
on a competitive basis, to an eligible State to enable the
State to carry out the authorized activities described in
subsection (c).
(2) Eligible state.--In this section, the term ``eligible
State'' means a State--
(A) that has established a State Oversight Board as
described in section 501; and
(B) that commits to educational equity.
(3) Duration; renewal.--The grant awarded under this
section shall be for a 2-year duration, and may be renewed by
the Secretary for not more than 4 additional 2-year periods if
the State Oversight Board of the State determines that the
State has met the educational equity goals of the State, as
described in section 501.
(4) Maintenance of effort.--If the Secretary does not renew
a grant awarded under this section to a State for an additional
2-year period for failure to meet the educational equity goals
of the State, the State shall provide, from non-Federal
sources, amounts for such 2-year period that are not less than
the sum of the grant amount provided by the Secretary and the
matching funds provided by the State under subsection (d) for
the initial 2-year grant period.
(b) Application.--An eligible State that desires to receive a grant
under this section shall submit an application to the Secretary at such
time, in such manner, and accompanied by such information as the
Secretary may require, including providing the State's educational
equity goals and the accountability consequences for the State and
local educational agencies in the State if the State Oversight Board
determines that the State or a local educational agency fails to meet
the educational equity goals of the State, including the potential
withholding of funds, as described in section 501.
(c) Authorized Activities.--
(1) In general.--An eligible State that receives a grant
under this section shall use the grant funds to carry out
activities authorized under the following provisions:
(A) Section 2101 of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 6611).
(B) Subpart 1 of part B of title II of the
Elementary and Secondary Education Act of 1965 (20
U.S.C. 6631 et seq.).
(C) Sections 2242, 2243, 2245 of the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 6672, 6673,
and 6675).
(D) Section 3131 of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 6861).
(E) Subparts 1 and 2 of part D of the Individuals
with Disabilities Education Act (20 U.S.C. 1451 et seq.
and 1461 et seq.).
(2) Subgrants.--An eligible State that receives a grant
under this section may use the grant funds to award subgrants
to local educational agencies to carry out the activities
described in paragraph (1).
(3) Compliance with programs.--In using grant funds
provided under this section or subgrant funds provided under
paragraph (2) to carry out the activities described in
paragraph (1), the eligible State or local educational agency
shall comply with the requirements of the programs under which
such activities are authorized.
(d) Matching Requirement.--Each eligible State that receives a
grant under this section shall provide, from non-Federal sources, an
amount equal to 200 percent of the amount of the grant (which may be
provided in cash or in kind) to carry out the activities supported by
the grant.
(e) Supplement, Not Supplant.--An eligible State shall use Federal
funds received under this section only to supplement the funds that
would, in the absence of such Federal funds, be made available from
State and local sources for activities described in subsection (c), and
not to supplant such funds.
(f) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section--
(1) $340,000,000 for fiscal year 2024;
(2) $357,000,000 for fiscal year 2025;
(3) $374,850,000 for fiscal year 2026;
(4) $393,592,500 for fiscal year 2027;
(5) $413,272,125 for fiscal year 2028;
(6) $433,935,731 for fiscal year 2029;
(7) $455,632,518 for fiscal year 2030;
(8) $478,414,144 for fiscal year 2031;
(9) $502,334,851 for fiscal year 2032; and
(10) $527,451,594 for fiscal year 2033.
TITLE III--COLLEGE AND CAREER READINESS PATHWAYS
SEC. 301. COLLEGE AND CAREER READINESS PATHWAYS GRANT PROGRAM.
(a) Authorization.--
(1) In general.--The Secretary shall award a single grant,
on a competitive basis, to an eligible State to enable the
State to carry out the authorized activities described in
subsection (c).
(2) Eligible state.--In this section, the term ``eligible
State'' means a State--
(A) that has established a State Oversight Board as
described in section 501; and
(B) that commits to educational equity.
(3) Duration; renewal.--The grant awarded under this
section shall be for a 2-year duration, and may be renewed by
the Secretary for not more than 4 additional 2-year periods if
the State Oversight Board of the State determines that the
State has met the educational equity goals of the State, as
described in section 501.
(4) Maintenance of effort.--If the Secretary does not renew
a grant awarded under this section to a State for an additional
2-year period for failure to meet the educational equity goals
of the State, the State shall provide, from non-Federal
sources, amounts for such 2-year period that are not less than
the sum of the grant amount provided by the Secretary and the
matching funds provided by the State under subsection (d) for
the initial 2-year grant period.
(b) Application.--An eligible State that desires to receive a grant
under this section shall submit an application to the Secretary at such
time, in such manner, and accompanied by such information as the
Secretary may require, including providing the State's educational
equity goals and the accountability consequences for the State and
local educational agencies in the State if the State Oversight Board
determines that the State or a local educational agency fails to meet
the educational equity goals of the State, including the potential
withholding of funds, as described in section 501.
(c) Authorized Activities.--
(1) In general.--An eligible State that receives a grant
under this section shall use the grant funds to carry out
activities authorized under the following provisions:
(A) Section 135 of the Carl D. Perkins Career and
Technical Education Act of 2006 (20 U.S.C. 2355).
(B) Subpart 11 of part A of title IV of the Higher
Education Act of 1965, as added by section 302 of this
Act.
(2) Subgrants.--An eligible State that receives a grant
under this section may use the grant funds to award subgrants
to local educational agencies to carry out the activities
described in paragraph (1).
(3) Compliance with programs.--In using grant funds
provided under this section or subgrant funds provided under
paragraph (2) to carry out the activities described in
paragraph (1), the eligible State or local educational agency
shall comply with the requirements of the programs under which
such activities are authorized.
(d) Matching Requirement.--Each eligible State that receives a
grant under this section shall provide, from non-Federal sources, an
amount equal to 200 percent of the amount of the grant (which may be
provided in cash or in kind) to carry out the activities supported by
the grant.
(e) Supplement, Not Supplant.--An eligible State shall use Federal
funds received under this section only to supplement the funds that
would, in the absence of such Federal funds, be made available from
State and local sources for activities described in subsection (c), and
not to supplant such funds.
(f) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section--
(1) $50,000,000 for fiscal year 2024;
(2) $52,500,000 for fiscal year 2025;
(3) $55,125,000 for fiscal year 2026;
(4) $57,881,250 for fiscal year 2027;
(5) $60,775,312 for fiscal year 2028;
(6) $63,814,077 for fiscal year 2029;
(7) $67,004,780 for fiscal year 2030;
(8) $70,355,019 for fiscal year 2031;
(9) $73,872,770 for fiscal year 2032; and
(10) $77,566,408 for fiscal year 2033.
SEC. 302. JUMPSTART TO COLLEGE GRANT PROGRAMS.
Part A of title IV of the Higher Education Act of 1965 (20 U.S.C.
1070 et seq.) is amended by adding at the end the following:
``Subpart 11--Jumpstart to College
``SEC. 420T. DEFINITIONS.
``In this subpart:
``(1) Eligible entity.--The term `eligible entity' means an
institution of higher education in partnership with one or more
local educational agencies (which may be an educational service
agency). Such partnership may also include other entities such
as nonprofit organizations or businesses, and schools in
juvenile detention centers.
``(2) Institution of higher education.--The term
`institution of higher education' has the meaning given the
term in section 101.
``(3) ESEA terms.--The terms `dual or concurrent enrollment
program', `early college high school', `educational service
agency', `four-year adjusted cohort graduation rate', `local
educational agency', `secondary school', and `State' have
meanings given the terms in section 8101 of the Elementary and
Secondary Education Act of 1965.
``(4) Low-income student.--The term `low-income student'
means a student counted under section 1124(c) of the Elementary
and Secondary Education Act of 1965.
``(5) Recognized postsecondary credential.--The term
`recognized postsecondary credential' has the meaning given the
term in section 3 of the Workforce Innovation and Opportunity
Act (29 U.S.C. 3102).
``SEC. 420U. AUTHORIZATION OF APPROPRIATIONS.
``To carry out this subpart, there are authorized to be
appropriated $137,500,000 for fiscal year 2024 and each of the 9
succeeding fiscal years.
``SEC. 420V. GRANTS TO STATES.
``(a) In General.--The Secretary shall award a single grant to a
State, on a competitive basis, to assist the State in supporting or
establishing early college high schools or dual or concurrent
enrollment programs.
``(b) Duration.--The grant under this section shall be awarded for
a period of 2 years, and may be renewed by the Secretary for not more
than 4 additional 2-year periods.
``(c) Grant Amount.--The Secretary shall ensure that the amount of
the grant under this section is sufficient to enable the grantee to
carry out the activities described in subsection (f).
``(d) Matching Requirement.--For each year that a State receives a
grant under this section, the State shall provide, from non-Federal
sources, an amount equal to 50 percent of the amount of the grant
received by the State for such year to carry out the activities
supported by the grant.
``(e) Supplement, Not Supplant.--A State shall use a grant received
under this section only to supplement funds that would, in the absence
of such grant, be made available from other Federal, State, or local
sources for activities supported by the grant, not to supplant such
funds.
``(f) Uses of Funds.--
``(1) Mandatory activities.--A State shall use grant funds
received under this section to--
``(A) support the activities described in its
application under subsection (g);
``(B) plan and implement a statewide strategy for
expanding access to early college high schools and dual
or concurrent enrollment programs for students who are
underrepresented in higher education to raise statewide
rates of secondary school graduation, readiness for
postsecondary education, and completion of recognized
postsecondary credentials, with a focus on students
academically at risk of not enrolling in or completing
postsecondary education;
``(C) identify any obstacles to such a strategy
under State law or policy;
``(D) provide technical assistance (either directly
or through a knowledgeable intermediary) to early
college high schools and other dual or concurrent
enrollment programs, which may include--
``(i) brokering relationships and
agreements that forge a strong partnership
between elementary and secondary and
postsecondary partners; and
``(ii) offering statewide training,
professional development, and peer learning
opportunities for school leaders, instructors,
and counselors or advisors;
``(E) identify and implement policies that will
improve the effectiveness and ensure the quality of
early college high schools and dual or concurrent
enrollment programs, such as eligibility and access,
funding, data and quality assurance, governance,
accountability, and alignment policies;
``(F) update the State's requirements for a student
to receive a regular high school diploma to align with
the challenging State academic standards and entrance
requirements for credit-bearing coursework as described
in subparagraphs (A) and (D) of section 1111(b)(1) of
the Elementary and Secondary Education Act of 1965;
``(G) incorporate indicators regarding student
access to and completion of early college high schools
and dual or concurrent enrollment programs into the
school quality and student success indicators included
in the State system of annual meaningful
differentiation as described under section
1111(c)(4)(B)(v)(I) of the Elementary and Secondary
Education Act of 1965;
``(H) disseminate best practices for early college
high schools and dual or concurrent enrollment
programs, which may include best practices from
programs in the State or other States;
``(I) facilitate statewide secondary and
postsecondary data collection, research and evaluation,
and reporting to policymakers and other stakeholders;
and
``(J) conduct outreach programs to ensure that
secondary school students, their families, and
community members are aware of early college high
schools and dual or concurrent enrollment programs in
the State.
``(2) Allowable activities.--A State may use grant funds
received under this section to--
``(A) establish a mechanism to offset the costs of
tuition, fees, standardized testing and performance
assessment costs, and support services for low-income
students, and students from underrepresented
populations enrolled in early college and high schools
or dual or concurrent enrollment;
``(B) establish formal transfer systems within and
across State higher education systems, including two-
year and four-year public and private institutions, to
maximize the transferability of college courses;
``(C) provide incentives to school districts that--
``(i) assist high school teachers in
getting the credentials needed to participate
in early college high school programs and dual
or concurrent enrollment; and
``(ii) encourage the use of college
instructors to teach college courses in high
schools;
``(D) support initiatives to improve the quality of
early college high school and dual or concurrent
enrollment programs at participating institutions; and
``(E) reimburse low-income students to cover part
or all of the costs of an Advanced Placement or
International Baccalaureate examination.
``(g) State Applications.--
``(1) Application.--To be eligible to receive a grant under
this section, a State shall submit to the Secretary an
application at such time, in such manner, and containing such
information as the Secretary may require.
``(2) Contents of application.--The application under
paragraph (1) shall include, at minimum, a description of--
``(A) how the State will carry out the mandatory
State activities described in subsection (f)(1);
``(B) how the State will ensure that any programs
funded with a grant under this section are coordinated
with programs under--
``(i) the Carl D. Perkins Career and
Technical Education Act of 2006 (20 U.S.C. 2301
et seq.);
``(ii) the Workforce Innovation and
Opportunity Act (29 U.S.C. 3101 et seq.);
``(iii) the Elementary and Secondary
Education Act of 1965; and
``(iv) the Individuals with Disabilities
Education Act;
``(C) how the State intends to use grant funds to
address achievement gaps for each category of students
described in section 1111(b)(2)(B)(xi) of the
Elementary and Secondary Education Act of 1965;
``(D) how the State will access and leverage
additional resources necessary to sustain early college
high schools or other dual or concurrent enrollment
programs;
``(E) how the State will identify and eliminate
barriers to implementing effective early college high
schools and dual or concurrent enrollment programs
after the grant expires, including by engaging
businesses and nonprofit organizations; and
``(F) such other information as the Secretary
determines to be appropriate.''.
TITLE IV--MORE RESOURCES TO ENSURE ALL STUDENTS ARE SUCCESSFUL
SEC. 401. STUDENT SUCCESS GRANT PROGRAM.
(a) Authorization.--
(1) In general.--The Secretary shall award a single grant,
on a competitive basis, to an eligible State to enable the
State to carry out the authorized activities described in
subsection (c).
(2) Eligible state.--In this section, the term ``eligible
State'' means a State--
(A) that has established a State Oversight Board as
described in section 501; and
(B) that commits to educational equity.
(3) Duration; renewal.--The grant awarded under this
section shall be for a 2-year duration, and may be renewed by
the Secretary for not more than 4 additional 2-year periods if
the State Oversight Board of the State determines that the
State has met the educational equity goals of the State, as
described in section 501.
(4) Maintenance of effort.--If the Secretary does not renew
a grant awarded under this section to a State for an additional
2-year period for failure to meet the educational equity goals
of the State, the State shall provide, from non-Federal
sources, amounts for such 2-year period that are not less than
the sum of the grant amount provided by the Secretary and the
matching funds provided by the State under subsection (d) for
the initial 2-year grant period.
(b) Application.--An eligible State that desires to receive a grant
under this section shall submit an application to the Secretary at such
time, in such manner, and accompanied by such information as the
Secretary may require, including providing the State's educational
equity goals and the accountability consequences for the State and
local educational agencies in the State if the State Oversight Board
determines that the State or a local educational agency fails to meet
the educational equity goals of the State, including the potential
withholding of funds, as described in section 501.
(c) Authorized Activities.--
(1) In general.--An eligible State that receives a grant
under this section shall use the grant funds to carry out
activities authorized under the following provisions:
(A) Part A of title I of the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 6311 et
seq.).
(B) Part C of title I of the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 6391 et
seq.).
(C) Part D of title I of the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 6421 et
seq.).
(D) Part E of title I of the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 6491 et
seq.).
(E) Subparts 2 and 3 of part B of title II of the
Elementary and Secondary Education Act of 1965 (20
U.S.C. 6641 et seq. and 6661 et seq.).
(F) Subpart 1 of part A of title III of the
Elementary and Secondary Education Act of 1965 (20
U.S.C. 6821 et seq.).
(G) Subpart 1 of part A of title IV of the
Elementary and Secondary Education Act of 1965 (20
U.S.C. 7111 et seq.).
(H) Part B of title IV of the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 7171 et
seq.).
(I) Part D of title IV of the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 7231 et
seq.).
(J) Sections 4624 and 4625 of the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 7274 and
7275).
(K) Section 4641 of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 7291 et seq.).
(L) Section 611 of the Individuals with
Disabilities Education Act (20 U.S.C. 1411).
(2) Subgrants.--An eligible State that receives a grant
under this section may use the grant funds to award subgrants
to local educational agencies to carry out the activities
described in paragraph (1).
(3) Compliance with programs.--In using grant funds
provided under this section or subgrant funds provided under
paragraph (2) to carry out the activities described in
paragraph (1), the eligible State or local educational agency
shall comply with the requirements of the programs under which
such activities are authorized.
(d) Matching Requirement.--Each eligible State that receives a
grant under this section shall provide, from non-Federal sources, an
amount equal to 200 percent of the amount of the grant (which may be
provided in cash or in kind) to carry out the activities supported by
the grant.
(e) Supplement, Not Supplant.--An eligible State shall use Federal
funds received under this section only to supplement the funds that
would, in the absence of such Federal funds, be made available from
State and local sources for activities described in subsection (c), and
not to supplant such funds.
(f) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section--
(1) $750,000,000 for fiscal year 2024;
(2) $787,500,000 for fiscal year 2025;
(3) $826,875,000 for fiscal year 2026;
(4) $868,218,750 for fiscal year 2027;
(5) $911,629,688 for fiscal year 2028;
(6) $957,211,172 for fiscal year 2029;
(7) $1,005,071,731 for fiscal year 2030;
(8) $1,055,325,318 for fiscal year 2031;
(9) $1,108,091,584 for fiscal year 2032; and
(10) $1,163,496,163 for fiscal year 2033.
TITLE V--GOVERNANCE AND ACCOUNTABILITY
SEC. 501. STATE OVERSIGHT BOARDS.
(a) In General.--In order to be eligible to receive a grant under
title I, II, III, or IV, a State shall establish a State Oversight
Board that is independent of the State educational agency, ensures
educational equity in the State, and holds the State educational agency
and local educational agencies in the State accountable for failure to
meet such educational equity.
(b) Authority of State Oversight Boards.--A State Oversight Board
established pursuant to this section shall--
(1) determine implementation plans and guidelines for the
State educational agency and local educational agencies in the
State to meet the educational equity goals determined by the
State under subsection (c);
(2) determine whether the State and local educational
agencies in the State have met the educational equity goals
determined by the State;
(3) hold the State and local educational agencies in the
State accountable for a failure to meet the educational equity
goals, pursuant to the accountability consequences described
under subsection (c); and
(4) provide to the Secretary, on an annual basis, the
progress of the State and local educational agencies in the
State towards meeting the educational equity goals.
(c) Authority of State.--A State that establishes a State Oversight
Board under this section shall determine--
(1) the educational equity goals of the State, that
includes a requirement that the State and local educational
agencies in the State maintain a level of financial support for
elementary and secondary education that is not less than the
level of such support for fiscal year 2023; and
(2) the accountability consequences for the State and local
educational agencies in the State if the State Oversight Board
determines that the State or a local educational agency fails
to meet the educational equity goals of the State, including
the potential withholding of funds.
(d) Technical Assistance and Oversight.--
(1) In general.--The Secretary and the Office for Civil
Rights of the Department of Education shall provide technical
assistance--
(A) to States in implementing the educational
equity goals of the State; and
(B) to State Oversight Boards in carrying out
subsection (b), including in determining whether the
State and local educational agencies in the State have
met the educational equity goals determined by the
State.
(2) Authorization of appropriations.--There are authorized
to be appropriated to carry out this subsection $1,000,000 for
each fiscal year.
TITLE VI--STATE FLEXIBILITY FOR EQUITABLE PER-PUPIL FUNDING
SEC. 601. STATE FLEXIBILITY FOR EQUITABLE PER-PUPIL FUNDING.
Section 1501 of the Elementary and Secondary Education Act of 1965
(20 U.S.C. 6491) is amended--
(1) in subsection (a), by inserting ``and certain State
educational agencies on behalf of a State's local educational
agencies'' after ``local educational agencies'';
(2) in subsection (b)--
(A) in paragraph (1)(A), by inserting ``and certain
State educational agencies on behalf of a State's local
educational agencies'' after ``local educational
agencies''; and
(B) in paragraph (2), by inserting ``and certain
State educational agencies on behalf of a State's local
educational agencies'' after ``local educational
agencies'';
(3) in subsection (c)--
(A) in paragraph (1), by inserting ``or 1 State
educational agency on behalf of the State's local
educational agencies'' after ``local educational
agencies'';
(B) in paragraph (2)--
(i) in the matter preceding subparagraph
(A), by inserting ``or State educational
agency'' after ``local educational agency'';
and
(ii) in subparagraph (A), by inserting ``or
consolidated State'' after ``local''; and
(C) in paragraph (3)--
(i) by striking ``any local'' and inserting
``any''; and
(ii) by striking ``the local'' and
inserting ``the'';
(4) in subsection (d)--
(A) in paragraph (1)--
(i) in the matter preceding subparagraph
(A)--
(I) by striking ``Each local'' and
inserting ``Each''; and
(II) by inserting ``or consolidated
State'' after ``local'';
(ii) in subparagraph (A)(ii), by striking
``local'';
(iii) in subparagraph (B), by striking
``local'';
(iv) in subparagraph (C), by striking
``local educational'' and inserting
``educational'';
(v) in subparagraph (G), by striking
``local educational'' and inserting
``educational'';
(vi) in subparagraph (H), by striking
``local educational'' and inserting
``educational'';
(vii) in subparagraph (I), by striking
``local educational'' and inserting
``educational''; and
(viii) in subparagraph (G), by striking
``local educational'' and inserting
``educational''; and
(B) in paragraph (2)--
(i) in subparagraph (A), by striking
``local educational'' each place the term
appears and inserting ``educational'';
(ii) in subparagraph (B), by striking
``local educational'' each place the term
appears and inserting ``educational''; and
(iii) in subparagraph (C), by striking
``local educational'' and inserting
``educational'';
(5) in subsection (e), by striking ``local educational''
and inserting ``educational'';
(6) in subsection (f)--
(A) by striking ``local educational'' and inserting
``educational''; and
(B) by inserting ``or consolidated State'' after
``local'';
(7) in subsection (g), by inserting ``or consolidated
State'' after ``local'';
(8) in subsection (h)--
(A) by striking ``local educational'' and inserting
``educational''; and
(B) by inserting ``or consolidated State'' after
``local'';
(9) in subsection (i), by striking ``local educational''
each place the term appears and inserting ``educational'';
(10) in subsection (j), by inserting ``or consolidated
State'' after ``local'';
(11) in subsection (k)--
(A) by striking ``local educational'' and inserting
``educational''; and
(B) by inserting ``or consolidated State'' after
``local'' each place the term appears;
(12) in subsection (l)--
(A) in paragraph (1)--
(i) by inserting ``or State educational
agency'' after ``local educational agency'';
(ii) in subparagraph (D), by striking
``and'' after the semicolon;
(iii) in subparagraph (E), by striking the
period at the end and inserting a semicolon;
and
(iv) by adding at the end the following:
``(F) title I of the TRUE EQUITY Act;
``(G) title II of the TRUE EQUITY Act;
``(H) title III of the TRUE EQUITY Act; and
``(I) title IV of the TRUE EQUITY Act.''; and
(B) in paragraph (2), by striking ``is in the
highest 2 quartiles of schools served by a local
educational agency, based on the percentage of enrolled
students from low-income families'' and inserting
``serves students not less than 55 percent of whom are
students who are eligible for a free or reduced price
lunch under the Richard B. Russell National School
Lunch Act (42 U.S.C. 1751 et seq.)''; and
(13) by adding at the end the following:
``(m) Funding Flexibility for TRUE EQUITY Act Funds.--
``(1) Technical assistance.--A State educational agency
that submits a consolidated State flexibility demonstration
agreement under this section shall provide technical assistance
to local educational agencies in the State that desire to
participate in the program under this section in submitting
applications to enter into local flexibility demonstration
agreements with the Secretary.
``(2) Duration and renewal.--Notwithstanding any other
provision of this section, the Secretary--
``(A) is authorized to enter into local flexibility
demonstration agreements for not more than 2 years with
local educational agencies that are selected under
subsection (c) and submit proposed agreements that meet
the requirements of subsection (d) for flexibility to
consolidate eligible Federal funds that are described
in subparagraph (F), (G), (H), or (I) of subsection
(l); and
``(B) may renew for not more than 4 additional 2-
year terms a local flexibility demonstration agreement
described in subparagraph (A).''.
<all>
</pre></body></html>
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118S668
|
Sultana Steamboat Disaster Commemorative Coin Act of 2023
|
[
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"B001236",
"Sen. Boozman, John [R-AR]",
"sponsor"
],
[
"C001095",
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"cosponsor"
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[
"T000476",
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[
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[
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[
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[
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"cosponsor"
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"cosponsor"
]
] |
<html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 668 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 668
To require the Secretary of the Treasury to mint coins to honor and
memorialize the tragedy of the Sultana steamboat explosion of 1865.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
March 7, 2023
Mr. Boozman (for himself and Mr. Cotton) 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 mint coins to honor and
memorialize the tragedy of the Sultana steamboat explosion of 1865.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Sultana Steamboat Disaster
Commemorative Coin Act of 2023''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) On April 27, 1865, the Sultana, a Mississippi River
paddlewheel steamboat, exploded killing nearly 1,200 of the
2,137 passengers and crew on board. Based on the number of
recorded casualties, this event is the worst maritime disaster
in United States history.
(2) Those aboard the boat were mostly paroled Union
soldiers recently released from the Confederate prisoner-of-war
camps in Cahaba, Alabama, and Andersonville, Georgia. These men
largely hailed from Ohio, Tennessee, Indiana, Michigan,
Kentucky, and West Virginia.
(3) The Sultana disaster was overshadowed by other major
events surrounding the end of the American Civil War, including
the assassination of President Abraham Lincoln on April 15,
1865, and subsequently, the killing of President Lincoln's
assassin, John Wilkes Booth, on April 26, 1865, just 1 day
before the Sultana disaster.
(4) The Sultana Historical Preservation Society now
operates the Sultana Disaster Museum in Marion, Arkansas, with
artifacts, stories, and exhibits that tell this story. Plans
and fundraising are progressing for a much larger facility that
can better acquire and preserve the Sultana history.
SEC. 3. COIN SPECIFICATIONS.
(a) Denominations.--In recognition and remembrance of the tragedy
of the Sultana steamboat explosion of 1865, which is the greatest
maritime disaster in United States history, the Secretary of the
Treasury (hereinafter in this Act referred to as the ``Secretary'')
shall mint and issue the following coins:
(1) $5 gold coins.--Not more than 100,000 $5 coins, which
shall--
(A) weigh 8.359 grams;
(B) have a diameter of 0.850 inches; and
(C) contain not less than 90 percent gold.
(2) $1 silver coins.--Not more than 500,000 $1 coins, which
shall--
(A) weigh 26.73 grams;
(B) have a diameter of 1.500 inches; and
(C) contain not less than 90 percent silver.
(3) Half-dollar clad coins.--Not more than 750,000 half-
dollar coins which shall--
(A) weigh 11.34 grams;
(B) have a diameter of 1.205 inches; and
(C) be minted to the specifications for half-dollar
coins contained in section 5112(b) of title 31, United
States Code.
(b) Legal Tender.--The coins minted under this Act shall be legal
tender, as provided in section 5103 of title 31, United States Code.
(c) Numismatic Items.--For purposes of sections 5134 and 5136 of
title 31, United States Code, all coins minted under this Act shall be
considered to be numismatic items.
SEC. 4. DESIGNS OF COIN.
(a) Design Requirements.--The designs of the coins minted under
this Act shall be emblematic of the historical significance of the
Sultana disaster and the sacrifice of the many people of the United
States who died and survived on April 27, 1865.
(b) Designation and Inscriptions.--On each coin minted under this
Act, there shall be--
(1) a designation of the value of the coin;
(2) an inscription of the year ``2023''; and
(3) inscriptions of the words ``Liberty'', ``In God We
Trust'', ``United States of America'', and ``E Pluribus Unum''.
(c) Selection.--The designs for the coins minted under this Act
shall be--
(1) selected by the Secretary after consultation with the
Commission of Fine Arts; and
(2) reviewed by the Citizens Coinage Advisory Committee.
SEC. 5. ISSUANCE OF COINS.
(a) Quality of Coins.--Coins minted under this Act shall be issued
in uncirculated and proof qualities.
(b) Period of Issuance.--The Secretary may issue coins minted under
this Act only during the 1-year period beginning on January 1, 2023.
SEC. 6. SALE OF COINS.
(a) Sale Price.--The coins issued under this Act shall be sold by
the Secretary at a price equal to the sum of--
(1) the face value of the coins;
(2) the surcharge provided in section 7(a) with respect to
such coins; and
(3) the cost of designing and issuing the coins (including
labor, materials, dies, use of machinery, overhead expenses,
marketing, and shipping).
(b) Prepaid Orders.--
(1) In general.--The Secretary shall accept prepaid orders
for the coins minted under this Act before the issuance of such
coins.
(2) Discount.--Sale prices with respect to prepaid orders
under paragraph (1) shall be at a reasonable discount.
(c) Marketing and Educational Campaign.--The Secretary shall
develop and execute a marketing, promotion, and educational program to
promote the collecting of the coins authorized under this Act.
SEC. 7. SURCHARGES.
(a) In General.--All sales of coins issued under this Act shall
include a surcharge of--
(1) $35 per coin for the $5 coin;
(2) $10 per coin for the $1 coin; and
(3) $5 per coin for the half-dollar coin.
(b) Distribution.--Subject to section 5134(f) of title 31, United
States Code, all surcharges received by the Secretary from the sale of
coins issued under this Act shall be promptly paid by the Secretary to
the Sultana Historical Preservation Society for the purpose of
establishing, operating, and maintaining a museum to tell the story of
the Sultana, including--
(1) constructing the museum facility;
(2) creating, maintaining, and updating as necessary museum
exhibits;
(3) acquiring and preserving artifacts, memorabilia, and
historic sites related to the Sultana disaster; and
(4) maintaining an operational reserve fund for the
purposes described in this subsection.
(c) Audits.--The Sultana Historical Preservation Society shall be
subject to the audit requirements of section 5134(f) of title 31,
United States Code, with regard to the amounts received under
subsection (b).
(d) Limitation.--Notwithstanding subsection (a), no surcharge may
be included with respect to the issuance under this Act of any coin
during a calendar year if, as of the time of such issuance, the
issuance of such coin would result in the number of commemorative coin
programs issued during such year to exceed the annual 2 commemorative
coin program issuance limitation under section 5112(m)(1) of title 31,
United States Code (as in effect on the date of enactment of this Act).
The Secretary may issue guidance to carry out this subsection.
SEC. 8. FINANCIAL ASSURANCES.
The Secretary shall take such actions as may be necessary to ensure
that--
(1) minting and issuing coins under this Act will not
result in any net cost to the United States Government; and
(2) no funds, including applicable surcharges, are
disbursed to the recipient designated in section 7 until the
total cost of designing and issuing all of the coins authorized
by this Act (including labor, materials, dies, use of
machinery, overhead expenses, marketing, and shipping) is
recovered by the United States Treasury, consistent with
sections 5112(m) and 5134(f) of title 31, United States Code.
<all>
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|
118S669
|
Increasing Mental Health Options Act of 2023
|
[
[
"B000944",
"Sen. Brown, Sherrod [D-OH]",
"sponsor"
],
[
"C001035",
"Sen. Collins, Susan M. [R-ME]",
"cosponsor"
],
[
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"Sen. Heinrich, Martin [D-NM]",
"cosponsor"
],
[
"M001190",
"Sen. Mullin, Markwayne [R-OK]",
"cosponsor"
]
] |
<html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 669 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 669
To amend title XVIII of the Social Security Act to expand access to
psychological and behavioral services.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
March 7, 2023
Mr. Brown (for himself, Ms. Collins, Mr. Heinrich, and Mr. Mullin)
introduced the following bill; which was read twice and referred to the
Committee on Finance
_______________________________________________________________________
A BILL
To amend title XVIII of the Social Security Act to expand access to
psychological and behavioral 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 ``Increasing Mental Health Options Act
of 2023''.
SEC. 2. EXPANDING ELIGIBILITY FOR INCENTIVES TO PRACTICE IN RURAL AND
UNDERSERVED AREAS.
Section 1833(m) of the Social Security Act (42 U.S.C. 1395l(m)) is
amended--
(1) in paragraph (1)--
(A) by inserting ``(A)'' before ``In the case'';
and
(B) by adding at the end the following new
subparagraph:
``(B) In the case of services furnished by a clinical psychologist
(as defined by the Secretary for purposes of section 1861(ii)) in a
year (beginning with 2025) to an individual, who is covered under the
insurance program established by this part and who incurs expenses for
such services, in an area that is designated (under section
332(a)(1)(A) of the Public Health Service Act) as a health professional
shortage area as identified by the Secretary prior to the beginning of
such year, in addition to the amount otherwise paid under this part,
there also shall be paid to the clinical psychologist (or to an
employer or facility in the cases described in clause (A) of section
1842(b)(6)) (on a monthly or quarterly basis) from the Federal
Supplementary Medical Insurance Trust Fund an amount equal to 10
percent of the payment amount for the service under this part''; and
(2) in paragraph (2), by inserting ``or clinical
psychologist'' after ``physician''.
SEC. 3. ELIMINATING UNNECESSARY OVERSIGHT AND APPROVAL REQUIREMENTS FOR
BEHAVIORAL HEALTH SERVICES PROVIDED BY CLINICAL
PSYCHOLOGISTS.
(a) Comprehensive Outpatient Rehabilitation Facilities.--Section
1835(a)(2)(E)(iii) of the Social Security Act (42 U.S.C.
1395n(a)(2)(E)(iii)) is amended by inserting ``, except that an
individual receiving qualified psychologist services as described in
section 1861(ii) may be under the care of a clinical psychologist with
respect to such services to the extent authorized under State law''
before the semicolon.
(b) Skilled Nursing Facilities.--Section 1819(b) of such Act (42
U.S.C. 1395i-3(b)) is amended--
(1) in paragraph (5)(G), by inserting ``clinical
psychologist,'' after ``nurse practitioner,''; and
(2) in paragraph (6)(A), by inserting ``, except that a
resident receiving qualified psychologist services as described
in section 1861(ii) may be under the supervision of a clinical
psychologist with respect to such services to the extent
authorized under State law'' before the semicolon.
(c) Partial Hospitalization Services.--
(1) Section 1835(a)(2)(F)(iii) of the Social Security Act
(42 U.S.C. 1395n(a)(2)(F)(iii)) is amended by inserting ``,
except that an individual receiving qualified psychologist
services as described in section 1861(ii) may be under the care
of a clinical psychologist with respect to such services to the
extent authorized under State law'' before the period.
(2) Section 1861(ff)(1) of such Act (42 U.S.C.
1395x(ff)(1)) is amended by inserting ``(or, in the case of
qualified psychologist services, under the supervision of a
clinical psychologist to the extent authorized under State
law)'' after ``under the supervision of a physician''.
(d) Home Health Services.--
(1) Section 1861(m) of such Act (42 U.S.C. 1395x(m)) is
amended--
(A) in paragraph (6), by striking ``and'' at the
end;
(B) in paragraph (7), by inserting ``and'' after
the semicolon; and
(C) by inserting after paragraph (7) the following
new paragraph:
``(8) an individual receiving qualified psychologist
services may be under the care of a clinical psychologist with
respect to such services to the extent authorized under State
law;''.
(2) Section 1891(a)(3)(F) of such Act (42 U.S.C.
1395bbb(a)(3)(F)) is amended by inserting ``clinical
psychologist,'' after ``physician,''.
(e) Inpatient Psychiatric Hospital Services.--Section 1814(a)(2)(A)
of such Act (42 U.S.C. 1395f(a)(2)(A)) is amended by inserting ``(or,
in the case of qualified psychologist services, under the supervision
of a clinical psychologist to the extent authorized under State law)''
after ``under the supervision of a physician''.
(f) Rule of Construction.--In accordance with section 410.71(e) of
title 42, Code of Federal Regulations (or any successor regulation),
nothing in the provisions of, and amendments made by, this section
shall be construed as changing or eliminating existing requirements
regarding clinical consultation by clinical psychologists with a
beneficiary's physician, in accordance with accepted professional
ethical norms and taking into consideration patient confidentiality.
(g) Effective Date.--The amendments made by this section shall
apply to services furnished on or after January 1, 2025.
<all>
</pre></body></html>
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118S67
|
Fair and Transparent Gas Prices Act of 2023
|
[
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"C001113",
"Sen. Cortez Masto, Catherine [D-NV]",
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],
[
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] |
<p><strong>Fair and Transparent Gas Prices Act of 202</strong><b>3</b></p> <p>This bill requires the Federal Trade Commission to investigate anticompetitive, collusive, or other conduct related to oil and gas companies and markets.</p>
|
<html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 67 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 67
To require the Federal Trade Commission to conduct a study on conduct
related to oil and gas prices, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
January 25, 2023
Ms. Cortez Masto (for herself and Mr. Lujan) introduced the following
bill; which was read twice and referred to the Committee on Commerce,
Science, and Transportation
_______________________________________________________________________
A BILL
To require the Federal Trade Commission to conduct a study on conduct
related to oil and gas prices, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Fair and Transparent Gas Prices Act
of 2023''.
SEC. 2. FTC STUDY ON CONDUCT RELATED TO OIL AND GAS PRICES.
(a) Study.--The Federal Trade Commission (in this section referred
to as the ``Commission''), in coordination with State attorneys
general, as appropriate, shall conduct a study, using the Commission's
authority under section 6(b) of the Federal Trade Commission Act (15
U.S.C. 46(b)), to investigate anti-competitive, collusive, or other
conduct related to oil and gas companies and markets, including the
actual price of oil and gas paid by consumers. Such study shall include
an analysis of--
(1) whether such oil and gas companies use their financial
resources in a manner that would not expand or increase fuel
supply, including by reducing investments in the production of
fuel, engaging in stock buy backs, or any other conduct the
Commission deems appropriate; and
(2) whether such anti-competitive, collusive, or other
conduct may--
(A) result in inflated costs for consumers or be
considered price gouging;
(B) delay producing or delivering more fuel supply;
(C) impact investment decisions that would
contribute to additional fuel supply; or
(D) restrict the availability, accessibility, or
affordability of alternative fuels or vehicle
technology.
(b) Report.--
(1) In general.--Not later than 1 year after the date of
enactment of this Act, and annually thereafter for the
following 2 years, the Commission shall submit to the
appropriate committees of Congress a report containing the
results of the study conducted under subsection (a), together
with recommendations for such legislation and administrative
action as the Commission determines appropriate or necessary to
provide fair, competitive, and transparent costs and markets
impacting consumers with respect to oil and gas.
(2) Appropriate committees of congress.--In this
subsection, the term ``appropriate committees of Congress''
means--
(A) the Committee on Commerce, Science, and
Transportation of the Senate;
(B) the Committee on Energy and Natural Resources
of the Senate;
(C) the Committee on Energy and Commerce of the
House of Representatives; and
(D) the Subcommittees on Financial Services and
General Government of the Committees on Appropriations
of the House of Representatives and the Senate.
(c) Inapplicability of Paperwork Reduction Act.--Chapter 35 of
title 44, United States Code (commonly known as the ``Paperwork
Reduction Act''), shall not apply to the collection of information
under subsection (a).
(d) Additional FTC Resources.--
(1) Additional personnel.--Notwithstanding any other
provision of law, the Commission shall, without regard to the
civil service laws (including regulations), appoint not more
than 50 additional personnel, as necessary, for the purposes of
carrying out the study and report required under this section.
(2) Authorization of appropriations.--There are authorized
to be appropriated to the Commission to carry out this section
$15,000,000 for each of fiscal years 2024 and 2025.
<all>
</pre></body></html>
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118S670
|
IMPACTT Human Trafficking Act
|
[
[
"P000595",
"Sen. Peters, Gary C. [D-MI]",
"sponsor"
],
[
"L000575",
"Sen. Lankford, James [R-OK]",
"cosponsor"
],
[
"C001056",
"Sen. Cornyn, John [R-TX]",
"cosponsor"
]
] |
<html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 670 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 670
To improve services for trafficking victims by establishing, in
Homeland Security Investigations, the Investigators Maintain Purposeful
Awareness to Combat Trafficking Trauma Program and the Victim
Assistance Program.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
March 7, 2023
Mr. Peters (for himself, Mr. Lankford, and Mr. Cornyn) introduced the
following bill; which was read twice and referred to the Committee on
Homeland Security and Governmental Affairs
_______________________________________________________________________
A BILL
To improve services for trafficking victims by establishing, in
Homeland Security Investigations, the Investigators Maintain Purposeful
Awareness to Combat Trafficking Trauma Program and the Victim
Assistance Program.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``IMPACTT Human Trafficking Act''.
SEC. 2. INVESTIGATORS MAINTAIN PURPOSEFUL AWARENESS TO COMBAT
TRAFFICKING TRAUMA PROGRAM.
(a) Establishment.--There is established, in Homeland Security
Investigations of U.S. Immigration and Customs Enforcement, the
Investigators Maintain Purposeful Awareness to Combat Trafficking
Trauma Program (referred to in this Act as the ``IMPACTT Program'').
(b) Functions.--The IMPACTT Program shall--
(1) provide outreach and training to Homeland Security
Investigations employees who have been exposed to various forms
of trauma in working with victims of human trafficking,
including--
(A) self-awareness training for the relevant
employees on recognizing the signs of burnout,
compassion fatigue, critical incident stress, traumatic
stress, posttraumatic stress, secondary traumatic
stress, and vicarious trauma;
(B) training material that--
(i) provides mechanisms for self-care and
resilience and notification of resources that
are available through U.S. Immigration and
Customs Enforcement, such as the Employee
Assistance Program, the Peer Support Program,
the Chaplain Program, and other relevant
accredited programs that are available; and
(ii) provides examples of potential
resources that are available outside of U.S.
Immigration and Customs Enforcement, which may
include, faith-based and community-based
resources; and
(C) provide additional training to first line
supervisors of relevant employees on recognizing the
signs referred to in subparagraph (A) and the
appropriate responses to employees exhibiting such
signs;
(2) include training modules that are carried out by--
(A) licensed and accredited clinicians who--
(i) have been trained on the exposure of
various forms of trauma and other stressors
experienced in working with victims; and
(ii) may have experience working with
faith-based organizations, community-based
organizations, counseling programs, or other
social service programs; and
(B) additional subject matter experts who are
available; and
(3) be overseen and coordinated by the Department of
Homeland Security Center for Countering Human Trafficking to
ensure that--
(A) appropriate program materials are distributed;
(B) training is offered to all relevant employees;
and
(C) any needed travel and equipment is provided.
SEC. 3. HOMELAND SECURITY INVESTIGATIONS VICTIM ASSISTANCE PROGRAM.
(a) In General.--Subtitle D of title IV of the Homeland Security
Act of 2002 (6 U.S.C. 251 et seq.) is amended by adding at the end the
following:
``SEC. 447. HOMELAND SECURITY INVESTIGATIONS VICTIM ASSISTANCE PROGRAM.
``(a) Definitions.--In this section:
``(1) Forensic interview specialist.--The term `forensic
interview specialist' is an interview professional who has
specialized experience and training in conducting trauma-
informed forensic interviews with victims of crime.
``(2) Victim.--The term `victim' has the meaning given such
term in section 503(e)(2) of the Victims' Rights and
Restitution Act of 1990 (34 U.S.C. 20141(e)(2)).
``(3) Victim assistance specialist.--The term `victim
assistance specialist' is a victim assistance professional
who--
``(A) has experience working with victims of crime
in a service capacity;
``(B) has been trained on the exposure of various
forms of trauma and other stressors experienced in
working with victims; and
``(C) may have experience working with local
government and community-based organizations, including
victim advocacy centers, child advocacy centers, child
welfare agencies, faith-based organizations, and other
social service programs.
``(b) In General.--There is established, in Homeland Security
Investigations of U.S. Immigration and Customs Enforcement, the Victim
Assistance Program.
``(c) Functions.--The Victim Assistance Program shall--
``(1) provide oversight, guidance, training, travel,
equipment, and coordination to Homeland Security Investigations
victim assistance personnel throughout the United States;
``(2) recruit not fewer than--
``(A) 1 forensic interview specialist and 1 victim
assistance specialist for each Homeland Security
Investigations Special Agent in Charge office;
``(B) 1 victim assistance specialist for--
``(i) every Homeland Security
Investigations office participating in a human
trafficking task force; and
``(ii) every Homeland Security
Investigations office participating in a child
sexual exploitation task force;
``(3) support Homeland Security Investigations regional
attache offices, to the extent necessary;
``(4) provide training regarding victims' rights, victim-
related policies, roles of forensic interviewers and victim
assistance specialists, and an approach that is--
``(A) victim-centered;
``(B) trauma-informed; and
``(C) linguistically appropriate, to the extent
feasible; and
``(5) purchase emergency items that are needed to assist
identified victims in Homeland Security Investigations criminal
investigations, including food, clothing, hygiene products,
transportation, and temporary shelter that is not otherwise
provided by a nongovernmental organization.''.
(b) Technical and Conforming Amendments.--The Homeland Security Act
of 2002 (Public Law 107-296) is amended--
(1) in section 1(b) (6 U.S.C. 101 note)--
(A) by striking the item relating to section 442
and inserting the following:
``Sec. 442. U.S. Immigration and Customs Enforcement.'';
and
(B) by inserting after the item relating to section
446 the following:
``Sec. 447. Homeland Security Investigations Victim Assistance
Program.'';
(2) in section 442--
(A) by amending the section heading to read as
follows: ``u.s. immigration and customs enforcement'';
(B) by striking ``bureau'' each place such term
appears (except in subsection (a)(1)) and inserting
``agency'';
(C) by striking ``the Bureau of Border Security''
each place such term appears and inserting ``U.S.
Immigration and Customs Enforcement'';
(D) in subsection (a)--
(i) in the subsection heading, by striking
``of Bureau'';
(ii) in paragraph (3)(C), by striking
``affecting the Bureau of'' and inserting
``affecting U.S.''; and
(iii) in paragraph (4), by striking ``the
Bureau.'' and inserting ``the agency.''; and
(E) in subsection (b)(2)--
(i) in the matter preceding subparagraph
(A), by striking ``Bureau of Border Security''
and inserting ``U.S. Immigration and Customs
Enforcement''; and
(ii) in subparagraph (B), by striking ``the
Bureau of'' before ``Citizenship and
Immigration Services'' and inserting ``U.S.'';
and
(3) in section 443(2), by striking ``such bureau'' and
inserting ``such agency''.
SEC. 4. ANNUAL REPORT.
Not later than 1 year after the date of the enactment of this Act,
and annually thereafter, the Secretary of Homeland Security shall
submit a report to Congress that identifies, with respect to the
reporting period--
(1) the number of trainings that were provided through the
IMPACTT Program and the number of personnel who received such
training; and
(2) the number of human trafficking victims who were
assisted by the Homeland Security Investigations Victim
Assistance Program.
<all>
</pre></body></html>
|
[
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|
118S671
|
Future Logging Careers Act
|
[
[
"R000584",
"Sen. Risch, James E. [R-ID]",
"sponsor"
],
[
"K000383",
"Sen. King, Angus S., Jr. [I-ME]",
"cosponsor"
],
[
"C000880",
"Sen. Crapo, Mike [R-ID]",
"cosponsor"
],
[
"C001035",
"Sen. Collins, Susan M. [R-ME]",
"cosponsor"
],
[
"S001184",
"Sen. Scott, Tim [R-SC]",
"cosponsor"
],
[
"C001056",
"Sen. Cornyn, John [R-TX]",
"cosponsor"
]
] |
<p><b>Future Logging Careers Act </b></p> <p>This bill allows individuals who are 16 or 17 years old to work at certain logging operations that are owned or operated by at least one parent or a person standing in place of a parent. Thus, the bill exempts such employees from child labor laws.</p>
|
<html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 671 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 671
To exempt certain 16- and 17-year-old individuals employed in logging
operations from child labor laws.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
March 7, 2023
Mr. Risch (for himself, Mr. King, Mr. Crapo, Ms. Collins, Mr. Scott of
South Carolina, and Mr. Cornyn) introduced the following bill; which
was read twice and referred to the Committee on Health, Education,
Labor, and Pensions
_______________________________________________________________________
A BILL
To exempt certain 16- and 17-year-old individuals employed in logging
operations from child labor 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 ``Future Logging Careers Act''.
SEC. 2. CHILD LABOR LAW EXEMPTIONS FOR LOGGING OPERATIONS.
The Fair Labor Standards Act of 1938 (29 U.S.C. 201 et seq.) is
amended--
(1) in section 3 (29 U.S.C. 203), by adding at the end the
following:
``(z) `Logging operation'--
``(1) means--
``(A) a mechanized operation;
``(B) the bucking or converting of timber into
logs, poles, ties, bolts, pulpwood, chemical wood,
excelsior wood, cordwood, fence posts, or similar
products;
``(C) the collecting, skidding, yarding, loading,
transporting, or unloading of such products in
connection with the activities described in this
paragraph;
``(D) the constructing, repairing, or maintaining
of--
``(i) roads or camps used in connection
with the activities described in this
paragraph; or
``(ii) machinery or equipment used in the
activities described in this paragraph; or
``(E) any other work performed in connection with
the activities described in this paragraph; and
``(2) does not include the manual use of chainsaws to fell
or process timber or the use of cable skidders to bring the
timber to the landing.
``(aa) `Mechanized operation'--
``(1) means the felling, skidding, yarding, loading, or
processing of timber by equipment other than manually operated
chainsaws or cable skidders; and
``(2) includes the use of whole tree processors, cut-to-
length processors, stroke boom delimbers, wheeled and track
feller-bunchers, pull-through delimbers, wheeled and track
forwarders, chippers, grinders, mechanical debarkers, wheeled
and track grapple skidders, yarders, bulldozers, excavators,
and log loaders.''; and
(2) in section 13(c) (29 U.S.C. 213(c)), by adding at the
end the following:
``(8) The provisions of section 12 relating to child labor shall
apply to an employee who is 16 or 17 years old employed in a logging
operation in an occupation that the Secretary of Labor finds and
declares to be particularly hazardous for the employment of children
ages 16 or 17, except where such employee is employed by his parent or
by a person standing in the place of his parent in a logging operation
owned or operated by such parent or person.''.
<all>
</pre></body></html>
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118S672
|
American Dream Employment Act of 2023
|
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"C001113",
"Sen. Cortez Masto, Catherine [D-NV]",
"sponsor"
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"D000563",
"Sen. Durbin, Richard J. [D-IL]",
"cosponsor"
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],
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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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],
[
"W000800",
"Sen. Welch, Peter [D-VT]",
"cosponsor"
],
[
"W000802",
"Sen. Whitehouse, Sheldon [D-RI]",
"cosponsor"
],
[
"W000805",
"Sen. Warner, Mark R. [D-VA]",
"cosponsor"
],
[
"M001111",
"Sen. Murray, Patty [D-WA]",
"cosponsor"
],
[
"S001203",
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"cosponsor"
],
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"M000639",
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"cosponsor"
],
[
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"Sen. Bennet, Michael F. [D-CO]",
"cosponsor"
],
[
"W000779",
"Sen. Wyden, Ron [D-OR]",
"cosponsor"
],
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"M001176",
"Sen. Merkley, Jeff [D-OR]",
"cosponsor"
],
[
"K000377",
"Sen. Kelly, Mark [D-AZ]",
"cosponsor"
],
[
"B000944",
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"cosponsor"
],
[
"W000790",
"Sen. Warnock, Raphael G. [D-GA]",
"cosponsor"
]
] |
<p><strong>American Dream Employment Act of 2023</strong></p> <p>This bill permits the compensation of congressional employees who hold a current employment authorization document that was issued pursuant to a grant of (1) deferred action, including under the Deferred Action for Childhood Arrivals Program; (2) deferred enforced departure; or (3) temporary protected status. (Generally, these programs and statuses allow eligible aliens to remain and work in the United States.)</p>
|
<html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 672 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 672
To enable the payment of certain officers and employees of the United
States whose employment is authorized pursuant to a grant of deferred
action, deferred enforced departure, or temporary protected status.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
March 7, 2023
Ms. Cortez Masto (for herself, Mr. Durbin, Mr. Padilla, Mr. Blumenthal,
Mr. Booker, Ms. Warren, Mr. Markey, Mr. Sanders, Mr. Murphy, Mrs.
Gillibrand, Mrs. Feinstein, Mr. Lujan, Mr. Hickenlooper, Mr. Welch, Mr.
Whitehouse, Mr. Warner, Mrs. Murray, Ms. Smith, Mr. Menendez, Mr.
Bennet, Mr. Wyden, Mr. Merkley, Mr. Kelly, Mr. Brown, and Mr. Warnock)
introduced the following bill; which was read twice and referred to the
Committee on Appropriations
_______________________________________________________________________
A BILL
To enable the payment of certain officers and employees of the United
States whose employment is authorized pursuant to a grant of deferred
action, deferred enforced departure, or temporary protected status.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``American Dream Employment Act of
2023''.
SEC. 2. CERTAIN FEDERAL EMPLOYEES WHO ARE BENEFICIARIES OF DEFERRED
ACTION, DEFERRED ENFORCED DEPARTURE, OR TEMPORARY
PROTECTED STATUS AUTHORIZED TO BE PAID.
Section 704 of title VII of division E of the Consolidated
Appropriations Act, 2021 (Public Law 116-260; 134 Stat. 1430) is
amended--
(1) by striking ``eligible; or'' and inserting
``eligible;''; and
(2) by striking ``allegiance to the United States:'' and
inserting ``allegiance to the United States; or (5) is a person
who is employed by the House of Representatives or the Senate,
and holds a current employment authorization document that was
issued pursuant to a grant of deferred action, including under
the Deferred Action for Childhood Arrivals Program of the
Secretary of Homeland Security, established pursuant to the
memorandum from the Secretary of Homeland Security entitled
`Exercising Prosecutorial Discretion with Respect to
Individuals Who Came to the United States as Children', dated
June 15, 2012, deferred enforced departure, or temporary
protected status under section 244 of the Immigration and
Nationality Act (8 U.S.C. 1254a):''.
<all>
</pre></body></html>
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[
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118S673
|
Small Business Child Care Investment Act
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] |
<html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 673 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 673
To allow nonprofit child care providers to participate in certain loan
programs of the Small Business Administration, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
March 7, 2023
Ms. Rosen (for herself, Ms. Ernst, Ms. Duckworth, and Mr. Rubio)
introduced the following bill; which was read twice and referred to the
Committee on Small Business and Entrepreneurship
_______________________________________________________________________
A BILL
To allow nonprofit child care providers to participate in certain loan
programs of the Small Business Administration, and for other 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 ``Small Business Child Care Investment
Act''.
SEC. 2. SMALL BUSINESS LOANS FOR NONPROFIT CHILD CARE PROVIDERS.
(a) In General.--Section 3(a) of the Small Business Act (15 U.S.C.
632(a)) is amended by adding at the end the following:
``(10) Nonprofit child care providers.--
``(A) Definition.--In this paragraph, the term
`covered nonprofit child care provider' means an
organization--
``(i) that--
``(I) is in compliance with
licensing requirements for child care
providers of the State in which the
organization is located;
``(II) is described in section
501(c)(3) of the Internal Revenue Code
of 1986 and exempt from tax under
section 501(a) of such Code;
``(III) is primarily engaged in
providing child care for children from
birth to compulsory school age; and
``(IV) is in compliance with the
size standards established under this
subsection for business concerns in the
applicable industry;
``(ii) for which each employee and regular
volunteer complies with the criminal background
check requirements under section 658H(b) of the
Child Care and Development Block Grant Act of
1990 (42 U.S.C. 9858f(b));
``(iii) that may--
``(I) provide care for school-age
children outside of school hours or
outside of the school year; or
``(II) offer preschool or
prekindergarten educational programs;
and
``(iv) subject to any exemption under
Federal law applicable to the organization,
that certifies to the Administrator that the
organization will not discriminate in any
business practice, including providing services
to the public, on the basis of race, color,
religion, sex, sexual orientation, marital
status, age, disability, or national origin.
``(B) Eligibility for certain loan programs.--
``(i) In general.--Notwithstanding any
other provision of this subsection, a covered
nonprofit child care provider shall be deemed
to be a small business concern for purposes of
loans under section 7(a) of this Act or
financing under title V of the Small Business
Investment Act of 1958 (15 U.S.C. 695 et seq.).
``(ii) Loan guarantee.--A covered nonprofit
child care center provider--
``(I) shall obtain a guarantee of
timely payment of the loan or financing
from another person or entity to be
eligible for a loan or financing of
more than $500,000 under the authority
under clause (i); and
``(II) shall not be required to
obtain a guarantee of timely payment of
the loan or financing to be eligible
for a loan or financing that is not
more than $500,000 under the authority
under clause (i).
``(C) Limitation on basis for ineligibility.--The
Administrator may not determine that a covered
nonprofit child care center provider is not eligible
for a loan or financing described in subparagraph
(B)(i) on the basis that the proceeds of the loan or
financing will be used for a religious activity
protected under the First Amendment to the Constitution
of the United States, as interpreted by the courts of
the United States.''.
(b) Reporting.--
(1) Definition.--In this subsection, the term ``covered
nonprofit child care provider'' has the meaning given the term
in paragraph (10) of section 3(a) of the Small Business Act (15
U.S.C. 632(a)), as added by subsection (a).
(2) Requirement.--Not later than 1 year after the date of
enactment of this Act, and annually thereafter, the
Administrator of the Small Business Administration shall submit
to Congress a report that contains--
(A) for the year covered by the report--
(i) the number of loans made under section
7(a) of the Small Business Act (15 U.S.C.
636(a)) and the number of financings provided
under title V of the Small Business Investment
Act of 1958 (15 U.S.C. 695 et seq.) to covered
nonprofit child care providers; and
(ii) the amount of such loans made and the
amount of such financings provided to covered
nonprofit child care providers; and
(B) any other information determined relevant by
the Administrator.
<all>
</pre></body></html>
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[
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|
118S674
|
RED Tape Act of 2023
|
[
[
"S001198",
"Sen. Sullivan, Dan [R-AK]",
"sponsor"
],
[
"D000618",
"Sen. Daines, Steve [R-MT]",
"cosponsor"
]
] |
<p><strong>Regulations Endanger Democracy Act of 2023 or the RED Tape Act of 202</strong><b>3</b></p> <p>This bill prohibits, with certain exceptions, a federal agency from issuing a rule that causes a new financial or administrative burden on businesses or people in the United States unless the agency has repealed or amended two or more existing rules causing such a burden and the cost of the rule to be issued is less than or equal to that of the rules repealed or amended.</p> <p>In determining whether to repeal such a rule, an agency must consider (1) whether the rule has achieved its purpose, has become obsolete, or overlaps with a rule to be issued; (2) any adverse effects that could materialize if the rule is repealed; and (3) whether the costs of the rule outweigh its benefits.</p>
|
<html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 674 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 674
To require each agency to repeal or amend 2 or more rules before
issuing or amending a rule.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
March 7, 2023
Mr. Sullivan (for himself and Mr. Daines) introduced the following
bill; which was read twice and referred to the Committee on Homeland
Security and Governmental Affairs
_______________________________________________________________________
A BILL
To require each agency to repeal or amend 2 or more rules before
issuing or amending a rule.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Regulations Endanger Democracy Act
of 2023'' or the ``RED Tape Act of 2023''.
SEC. 2. REPEAL OF RULES REQUIRED BEFORE ISSUING OR AMENDING RULE.
(a) Definitions.--In this section--
(1) the term ``agency'' has the meaning given the term in
section 551 of title 5, United States Code;
(2) the term ``covered rule'' means a rule of an agency
that causes a new financial or administrative burden on
businesses in the United States or on the people of the United
States, as determined by the head of the agency;
(3) the term ``rule''--
(A) has the meaning given the term in section 551
of title 5, United States Code; and
(B) includes--
(i) any rule issued by an agency pursuant
to an Executive order or Presidential
memorandum; and
(ii) any rule issued by an agency due to
the issuance of a memorandum, guidance
document, bulletin, or press release issued by
an agency; and
(4) the term ``Unified Agenda'' means the Unified Agenda of
Federal Regulatory and Deregulatory Actions.
(b) Prohibition on Issuance of Certain Rules.--
(1) In general.--An agency may not--
(A) issue a covered rule that does not amend or
modify an existing rule of the agency, unless--
(i) the agency has repealed 2 or more
existing covered rules of the agency; and
(ii) the cost of the covered rule to be
issued is less than or equal to the cost of the
covered rules repealed under clause (i), as
determined and certified by the head of the
agency; or
(B) issue a covered rule that amends or modifies an
existing rule of the agency, unless--
(i) the agency has repealed or amended 2 or
more existing covered rules of the agency; and
(ii) the cost of the covered rule to be
issued is less than or equal to the cost of the
covered rules repealed or amended under clause
(i), as determined and certified by the head of
the agency.
(2) Application.--Paragraph (1) shall not apply to the
issuance of a covered rule by an agency that--
(A) relates to the internal policy or practice of
the agency or procurement by the agency; or
(B) is being revised to be less burdensome to
decrease requirements imposed by the covered rule or
the cost of compliance with the covered rule.
(c) Considerations for Repealing Rules.--In determining whether to
repeal a covered rule under subparagraph (A)(i) or (B)(i) of subsection
(b)(1), the head of the agency that issued the covered rule shall
consider--
(1) whether the covered rule achieved, or has been
ineffective in achieving, the original purpose of the covered
rule;
(2) any adverse effects that could materialize if the
covered rule is repealed, in particular if those adverse
effects are the reason the covered rule was originally issued;
(3) whether the costs of the covered rule outweigh any
benefits of the covered rule to the United States;
(4) whether the covered rule has become obsolete due to
changes in technology, economic conditions, market practices,
or any other factors; and
(5) whether the covered rule overlaps with a covered rule
to be issued by the agency.
(d) Publication of Covered Rules in Unified Agenda.--
(1) Requirements.--Each agency shall, on a semiannual
basis, submit jointly and without delay to the Office of
Information and Regulatory Affairs for publication in the
Unified Agenda a list containing--
(A) each covered rule that the agency intends to
issue during the 6-month period following the date of
submission;
(B) each covered rule that the agency intends to
repeal or amend in accordance with subsection (b)
during the 6-month period following the date of
submission; and
(C) the cost of each covered rule described in
subparagraphs (A) and (B).
(2) Prohibition.--An agency may not issue a covered rule
unless the agency complies with the requirements under
paragraph (1).
<all>
</pre></body></html>
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[
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118S675
|
REVIEW Act of 2023
|
[
[
"S001198",
"Sen. Sullivan, Dan [R-AK]",
"sponsor"
],
[
"L000575",
"Sen. Lankford, James [R-OK]",
"cosponsor"
]
] |
<p><b>Require Evaluation before Implementing Executive Wishlists Act of 2023 or the REVIEW Act of 202</b><strong>3</strong></p> <p>This bill prohibits a final agency rule from taking effect until (1) the agency submits the rule to the Office of Information and Regulatory Affairs (OIRA), and (2) OIRA makes a determination as to whether the rule is a high-impact rule that may impose an annual cost on the economy of at least $1 billion.</p> <p>In addition, an agency must postpone the effective date of a high-impact rule until the final disposition of all actions seeking judicial review of the rule.</p>
|
<html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 675 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 675
To amend title 5, United States Code, to postpone the effective date of
high-impact rules pending judicial review.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
March 7, 2023
Mr. Sullivan (for himself and Mr. Lankford) introduced the following
bill; which was read twice and referred to the Committee on Homeland
Security and Governmental Affairs
_______________________________________________________________________
A BILL
To amend title 5, United States Code, to postpone the effective date of
high-impact rules pending judicial review.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Require Evaluation before
Implementing Executive Wishlists Act of 2023'' or the ``REVIEW Act of
2023''.
SEC. 2. RELIEF PENDING REVIEW.
Section 705 of title 5, United States Code, is amended--
(1) by striking ``When'' and inserting the following:
``(a) In General.--When''; and
(2) by adding at the end the following:
``(b) High-Impact Rules.--
``(1) Definitions.--In this subsection--
``(A) the term `Administrator' means the
Administrator of the Office of Information and
Regulatory Affairs of the Office of Management and
Budget; and
``(B) the term `high-impact rule' means any rule
that the Administrator determines may impose an annual
cost on the economy of not less than $1,000,000,000.
``(2) Identification.--A final rule may not be published or
take effect until--
``(A) the agency making the rule submits the rule
to the Administrator; and
``(B) the Administrator makes a determination as to
whether the rule is a high-impact rule, which shall be
published by the agency with the final rule.
``(3) Relief.--
``(A) In general.--Except as provided in
subparagraph (B), an agency shall postpone the
effective date of a high-impact rule of the agency
until the final disposition of all actions seeking
judicial review of the rule.
``(B) Failure to timely seek judicial review.--
Notwithstanding section 553(d), if no person seeks
judicial review of a high-impact rule--
``(i) during any period explicitly provided
for judicial review under the statute
authorizing the making of the rule; or
``(ii) if no such period is explicitly
provided for, during the 60-day period
beginning on the date on which the high-impact
rule is published in the Federal Register,
the high-impact rule may take effect as early as the
date on which the applicable period ends.
``(4) Rule of construction.--Nothing in this subsection may
be construed to impose any limitation under law on any court
against the issuance of any order enjoining the implementation
of any rule.''.
<all>
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118S676
|
Checks and Balances Act
|
[
[
"S001198",
"Sen. Sullivan, Dan [R-AK]",
"sponsor"
],
[
"H001079",
"Sen. Hyde-Smith, Cindy [R-MS]",
"cosponsor"
],
[
"D000618",
"Sen. Daines, Steve [R-MT]",
"cosponsor"
],
[
"B001310",
"Sen. Braun, Mike [R-IN]",
"cosponsor"
],
[
"L000575",
"Sen. Lankford, James [R-OK]",
"cosponsor"
]
] |
<html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 676 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 676
To amend sections 801 and 804 of title 5, United States Code, to
include guidance issued by non-agencies, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
March 7, 2023
Mr. Sullivan (for himself, Mrs. Hyde-Smith, Mr. Daines, Mr. Braun, and
Mr. Lankford) introduced the following bill; which was read twice and
referred to the Committee on Homeland Security and Governmental Affairs
_______________________________________________________________________
A BILL
To amend sections 801 and 804 of title 5, United States Code, to
include guidance issued by non-agencies, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Checks and Balances Act''.
SEC. 2. GUIDANCE ISSUED BY NON-AGENCIES.
Section 801 of title 5, United States Code, is amended by adding at
the end the following:
``(h) For purposes of Congressional review under this chapter--
``(1) guidance that directs the operations of a Federal
agency and is issued by an entity with authority delegated by
the President shall be considered a rule; and
``(2) the entity that issues the guidance is required to
comply with this chapter in the same manner as a Federal
agency.''.
SEC. 3. DEFINITIONS.
Section 804 of title 5, United States Code, is amended--
(1) by striking paragraph (1) and inserting the following:
``(1) The term `Federal agency'--
``(A) means any agency as that term is defined in
section 551(1); and
``(B) includes a task force or similar entity
composed of members of an agency.''; and
(2) by adding at the end the following:
``(4) The term `guidance'--
``(A) means an agency statement of general
applicability (other than a rule that has the force and
effect of law promulgated in accordance with the notice
and comment procedures under section 553) that--
``(i) does not have the force and effect of
law; and
``(ii) is designated by an agency official
as setting forth--
``(I) a policy on a statutory,
regulatory, personnel, or technical
issue; or
``(II) an interpretation of a
statutory or regulatory issue,
including a personnel issue; and
``(B) may include--
``(i) a memorandum;
``(ii) a notice;
``(iii) a bulletin;
``(iv) a directive;
``(v) a letter;
``(vi) a no-action letter;
``(vii) any final agency action intended to
impose restrictions on the management of
Federal public land, including the withdrawal
of Federal public land; and
``(viii) any combination of the items
described in clauses (i) through (vii).''.
<all>
</pre></body></html>
|
[
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|
118S677
|
VETT Act
|
[
[
"C001075",
"Sen. Cassidy, Bill [R-LA]",
"sponsor"
],
[
"D000622",
"Sen. Duckworth, Tammy [D-IL]",
"cosponsor"
]
] |
<p> <strong>VSO Equal Tax Treatment Act or the VETT Act </strong></p> <p>This bill expands the deductibility of charitable contributions to all federally-chartered tax-exempt organizations serving current and former members of the Armed Forces.</p>
|
<html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 677 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 677
To amend the Internal Revenue Code of 1986 to provide for the
deductibility of charitable contributions to certain organizations for
members of the Armed Forces.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
March 7, 2023
Mr. Cassidy (for himself and Ms. Duckworth) 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
deductibility of charitable contributions to certain organizations for
members of the Armed Forces.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``VSO Equal Tax Treatment Act'' or the
``VETT Act''.
SEC. 2. DEDUCTIBILITY OF CHARITABLE CONTRIBUTIONS TO CERTAIN
ORGANIZATIONS FOR MEMBERS OF THE ARMED FORCES.
(a) In General.--
(1) Definition of a charitable contribution.--Section
170(c) of the Internal Revenue Code of 1986 is amended by
inserting after paragraph (5) the following new paragraph:
``(6) An organization described in section 501(c)(19) that
is a federally chartered corporation.''.
(2) Percentage limitation.--Section 170(b)(1)(A) of the
Internal Revenue Code of 1986 is amended by striking ``or'' at
the end of clause (viii), by adding ``or'' at the end of clause
(ix), and by adding at the end the following new clause:
``(x) an organization described in section
501(c)(19) that is a federally chartered
corporation,''.
(b) Effective Date.--The amendments made by this section shall
apply with respect to taxable years beginning after the date of
enactment of this Act.
<all>
</pre></body></html>
|
[
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"Charitable contributions",
"Income tax deductions",
"Veterans' organizations and recognition"
] |
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118S678
|
NOPEC
|
[
[
"G000386",
"Sen. Grassley, Chuck [R-IA]",
"sponsor"
],
[
"K000367",
"Sen. Klobuchar, Amy [D-MN]",
"cosponsor"
],
[
"L000577",
"Sen. Lee, Mike [R-UT]",
"cosponsor"
],
[
"D000563",
"Sen. Durbin, Richard J. [D-IL]",
"cosponsor"
]
] |
<p><b>No Oil Producing and Exporting Cartels Act of 2023 or NOPEC </b></p> <p>This bill prohibits a foreign state from engaging in collective action impacting the market, supply, price, or distribution of oil, natural gas, or any other petroleum product in the U.S. Specifically, a foreign state is prohibited from</p> <ul> <li>collective action that limits the production or distribution of such product, </li> <li>collective action to set or maintain the price of such product, or </li> <li>any other action that restrains trade of such product. </li> </ul> <p>Specified defenses such as sovereign immunity (i.e., a foreign state's immunity from the jurisdiction of U.S. courts) and the act of state doctrine (i.e., the prohibition of a court invalidating an official act of a foreign sovereign performed within its own territory) shall not apply to a foreign state's violation of this bill.</p>
|
<html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 678 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 678
To amend the Sherman Act to make oil-producing and exporting cartels
illegal.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
March 7, 2023
Mr. Grassley (for himself, Ms. Klobuchar, Mr. Lee, and Mr. Durbin)
introduced the following bill; which was read twice and referred to the
Committee on the Judiciary
_______________________________________________________________________
A BILL
To amend the Sherman Act to make oil-producing and exporting cartels
illegal.
Be it enacted by the Senate 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 Oil Producing and Exporting
Cartels Act of 2023'' or ``NOPEC''.
SEC. 2. SHERMAN ACT.
The Sherman Act (15 U.S.C. 1 et seq.) is amended by adding after
section 7 the following:
``SEC. 7A. OIL PRODUCING CARTELS.
``(a) In General.--It shall be illegal and a violation of this Act
for any foreign state, or any instrumentality or agent of any foreign
state, to act collectively or in combination with any other foreign
state, any instrumentality or agent of any other foreign state, or any
other person, whether by cartel or any other association or form of
cooperation or joint action--
``(1) to limit the production or distribution of oil,
natural gas, or any other petroleum product;
``(2) to set or maintain the price of oil, natural gas, or
any petroleum product; or
``(3) to otherwise take any action in restraint of trade
for oil, natural gas, or any petroleum product,
when such action, combination, or collective action has a direct,
substantial, and reasonably foreseeable effect on the market, supply,
price, or distribution of oil, natural gas, or other petroleum product
in the United States.
``(b) Inapplicability of Defenses.--No court of the United States
shall decline, based on the act of state, foreign sovereign compulsion,
or political question doctrine to make a determination on the merits in
an action brought under this section.
``(c) Enforcement.--The Attorney General of the United States shall
have the sole authority to bring an action to enforce this section. Any
such action shall be brought in any district court of the United States
as provided under the antitrust laws.''.
SEC. 3. NO SOVEREIGN IMMUNITY IN OIL CARTEL CASES.
Title 28, United States Code, is amended--
(1) in section 1605(a)--
(A) in paragraph (5), by striking ``or'' after the
semicolon;
(B) in paragraph (6), by striking the period and
inserting ``; or''; and
(C) by adding at the end the following:
``(7) in which the action is brought under section 7A of
the Sherman Act.''; and
(2) in section 1610(a)--
(A) in paragraph (7) by striking the period at the
end and inserting ``, or''; and
(B) by adding at the end the following:
``(8) the judgment relates to a claim that is brought under
section 7A of the Sherman Act.''.
SEC. 4. SEVERABILITY.
If any provision of this Act (or of an amendment made by this Act)
is held invalid, the remainder of this Act (or of the amendment) shall
not be affected thereby.
<all>
</pre></body></html>
|
[
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"Competition and antitrust",
"Energy prices",
"Energy storage, supplies, demand",
"Government liability",
"Jurisdiction and venue",
"Oil and gas",
"Sovereignty, recognition, national governance and status"
] |
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118S679
|
GAO Database Modernization Act of 2023
|
[
[
"S001217",
"Sen. Scott, Rick [R-FL]",
"sponsor"
],
[
"P000595",
"Sen. Peters, Gary C. [D-MI]",
"cosponsor"
]
] |
<p><b>GAO Database Modernization Act of 2023</b></p> <p>This bill requires federal agencies to report to the Government Accountability Office certain information about agency rules that are made ineffective due to an agency action or other reason.</p>
|
<html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 679 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 679
To amend chapter 8 of title 5, United States Code, to require Federal
agencies to submit to the Comptroller General of the United States a
report on rules that are revoked, suspended, replaced, amended, or
otherwise made ineffective.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
March 7, 2023
Mr. Scott of Florida (for himself and Mr. Peters) introduced the
following bill; which was read twice and referred to the Committee on
Homeland Security and Governmental Affairs
_______________________________________________________________________
A BILL
To amend chapter 8 of title 5, United States Code, to require Federal
agencies to submit to the Comptroller General of the United States a
report on rules that are revoked, suspended, replaced, amended, or
otherwise made ineffective.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``GAO Database Modernization Act of
2023''.
SEC. 2. RULES NO LONGER IN EFFECT.
(a) In General.--Section 801(a)(1) of title 5, United States Code,
is amended by adding at the end the following:
``(D) For any rule submitted under subparagraph (A), if the Federal
agency promulgating the rule, in whole or in part, revokes, suspends,
replaces, amends, or otherwise makes the rule ineffective, or the rule
is made ineffective for any other reason, the Federal agency shall
submit to the Comptroller General a report containing--
``(i) the title of the rule;
``(ii) the Federal Register citation for the rule, if any;
``(iii) the date on which rule was submitted to the
Comptroller General; and
``(iv) a description of the provisions of the rule that are
being revoked, suspended, replaced, amended, or otherwise made
ineffective.''.
(b) Sunset.--Effective on the date that is 6 years after the date
of enactment of this Act, section 801(a)(1) of title 5, United States
Code, is amended by striking subparagraph (D), as added by subsection
(a).
<all>
</pre></body></html>
|
[
"Government Operations and Politics",
"Administrative law and regulatory procedures",
"Congressional oversight",
"Government information and archives",
"Government studies and investigations"
] |
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118S68
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FARM Act
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[
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<p><b>Foreign Adversary Risk Management Act or the FARM Act</b></p> <p>This bill places the Secretary of Agriculture on the Committee on Foreign Investment in the United States. It also requires the committee to review any investment that could result in foreign control of any U.S. agricultural business.</p> <p>Further, the bill includes agricultural systems and supply chains in the definitions of critical infrastructure and critical technologies for the purposes of reviewing such investments.</p> <p>The Department of Agriculture and the Government Accountability Office must each analyze and report on foreign influence in the U.S. agricultural industry.</p>
|
<html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 68 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 68
To amend the Defense Production Act of 1950 to prevent harm and
disruption to the United States agriculture industry by protecting
against foreign influence over agriculture production and supply
chains, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
January 25, 2023
Mr. Tuberville (for himself, Mr. Braun, Mr. Cramer, Mr. Marshall, Ms.
Lummis, Mr. Scott of Florida, and Mr. Hoeven) introduced the following
bill; which was read twice and referred to the Committee on Banking,
Housing, and Urban Affairs
_______________________________________________________________________
A BILL
To amend the Defense Production Act of 1950 to prevent harm and
disruption to the United States agriculture industry by protecting
against foreign influence over agriculture production and supply
chains, and for other 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 ``Foreign Adversary Risk Management
Act'' or the ``FARM Act''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) United States agriculture and supply chains are
critical to United States economic success and prosperity, and
should each be classified as critical infrastructure and
critical technologies.
(2) Agriculture is the lifeblood that helps to feed United
States families nationwide. As such, food security is a matter
of national security and should be a top priority of the United
States.
(3) To prevent harm to the United States public health
sector and to prevent disruption to the United States economy
and food supply chains, the increasing influence foreign
countries may have on the United States agriculture industry
and agriculture supply chains should be mitigated.
SEC. 3. UNITED STATES AGRICULTURE INCLUDED IN COMMITTEE ON FOREIGN
INVESTMENT IN THE UNITED STATES.
(a) Agriculture Representative.--Section 721(k)(2) of the Defense
Production Act of 1950 (50 U.S.C. 4565(k)(2)) is amended--
(1) by redesignating subparagraphs (H), (I), and (J) as
subparagraphs (I), (J), and (K), respectively; and
(2) by inserting after subparagraph (G) the following:
``(H) The Secretary of Agriculture.''.
(b) Review of Agriculture Investments by Foreign Entities.--Section
721(a)(4) of the Defense Production Act of 1950 (50 U.S.C. 4565(a)(4))
is amended--
(1) in subparagraph (A)--
(A) in clause (i), by striking ``; and'' and
inserting a semicolon;
(B) in clause (ii), by striking the period at the
end and inserting ``; and''; and
(C) by adding at the end the following:
``(iii) any transaction described in
subparagraph (B)(vi) that is proposed, pending,
or completed on or after the date of the
enactment of the Foreign Adversary Risk
Management Act.''; and
(2) in subparagraph (B), by adding at the end the
following:
``(vi) Any transaction, merger,
acquisition, transfer, agreement, takeover, or
other arrangement that could result in foreign
control of any United States business that is
engaged in agriculture and uses agricultural
products (as defined in the first section of
the Act of July 2, 1926 (44 Stat. 802, chapter
725; 7 U.S.C. 451)).''.
(c) Agricultural Supply Chains Included in Critical
Infrastructure.--Section 721(a)(5) of the Defense Production Act of
1950 (50 U.S.C. 4565(a)(5)) is amended--
(1) by striking ```critical infrastructure' means'' and
inserting the following: ```critical infrastructure'--
``(A) means'';
(2) by striking the period at the end and inserting ``;
and''; and
(3) by adding at the end the following:
``(B) includes, subject to regulations prescribed
by the Committee, agricultural systems and supply
chains.''.
(d) Agricultural Supply Chains Included as Critical Technologies.--
Section 721(a)(6)(A) of the Defense Production Act of 1950 (50 U.S.C.
4565(a)(6)(A)) is amended by adding at the end the following:
``(vii) Agricultural supply chains used for
agricultural products (as defined in the first
section of the Act of July 2, 1926 (44 Stat.
802, chapter 725; 7 U.S.C. 451)).''.
SEC. 4. REPORTS ON INVESTMENTS BY FOREIGN COUNTRIES IN UNITED STATES
AGRICULTURE INDUSTRY.
Not later than one year after the date of the enactment of this
Act, the Secretary of Agriculture and the Comptroller General of the
United States shall each--
(1) conduct an analysis of foreign influence in the United
States agriculture industry; and
(2) submit to Congress a report that includes a summary
of--
(A) foreign investments in the United States
agriculture industry;
(B) the potential for foreign investment to
undermine United States agriculture production and
agricultural supply chains;
(C) the largest international threats for increased
foreign control of, and investment in, the United
States agriculture sector; and
(D) agriculture-related espionage and theft
techniques used by foreign governments, including any
attempts to target United States agricultural
intellectual property, innovation, research and
development, cost or pricing data, or internal strategy
documents.
<all>
</pre></body></html>
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118S680
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DASH Act
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[
[
"W000779",
"Sen. Wyden, Ron [D-OR]",
"sponsor"
]
] |
<html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 680 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 680
To provide rental vouchers for the homeless, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
March 7, 2023
Mr. Wyden introduced the following bill; which was read twice and
referred to the Committee on Finance
_______________________________________________________________________
A BILL
To provide rental vouchers for the homeless, and for other 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 ``Decent,
Affordable, Safe Housing for All Act'' or the ``DASH Act''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
TITLE I--HOUSING ASSISTANCE
Subtitle A--General Housing Assistance
Sec. 111. Rental vouchers for the homeless.
Sec. 112. Land acquisition and construction.
Sec. 113. Modular construction pilot program.
Sec. 114. Supporting pro-housing development.
Sec. 115. Permanent authorization of appropriations for McKinney-Vento
Homeless Assistance Act grants.
Subtitle B--Rural Housing Assistance
Sec. 121. Rural housing reinvestment.
Sec. 122. Permanent establishment of housing preservation and
revitalization program.
Sec. 123. Eligibility for rural housing vouchers.
Sec. 124. Amount of voucher assistance.
Sec. 125. Use of available rental assistance.
Sec. 126. Funding for multifamily technical improvements.
Sec. 127. Plan for preserving affordability of rental projects.
TITLE II--REVENUE PROVISIONS
Sec. 201. Tax-exempt bond financing requirement.
Sec. 202. Increases in State allocations.
Sec. 203. Buildings designated to serve extremely low-income
households.
Sec. 204. Inclusion of Indian areas as difficult development areas for
purposes of certain buildings.
Sec. 205. Inclusion of rural areas as difficult development areas.
Sec. 206. Increase in credit for bond-financed projects designated by
housing credit agency.
Sec. 207. Repeal of qualified contract option.
Sec. 208. Modification and clarification of rights relating to building
purchase.
Sec. 209. Prohibition of local approval and contribution requirements.
Sec. 210. Increase in credit for low-income housing supportive
services.
Sec. 211. Study of tax incentives for the conversion of commercial
property to affordable housing.
Sec. 212. Renters credit.
Sec. 213. Middle-income housing tax credit.
Sec. 214. Neighborhood homes credit.
Sec. 215. First-time homebuyer refundable credit.
TITLE I--HOUSING ASSISTANCE
Subtitle A--General Housing Assistance
SEC. 111. RENTAL VOUCHERS FOR THE HOMELESS.
(a) In General.--Section 8(o) of the United States Housing Act of
1937 (42 U.S.C. 1437f(o)) is amended by adding at the end the
following:
``(22) Rental vouchers for the homeless.--
``(A) Definitions.--In this paragraph:
``(i) At risk of homelessness.--The term
`at risk of homelessness' has the meaning given
the term in section 401(1) of the McKinney-
Vento Homeless Assistance Act (42 U.S.C.
11360), except that `50 percent' shall be
substituted for `30 percent' in subparagraph
(A) of that section.
``(ii) Capacity-building period.--The term
`capacity-building period' means the 2-year
period beginning on the date on which the
formula is established under subparagraph
(E)(ii).
``(iii) Continuum of care.--The term
`continuum of care' has the meaning given the
term in section 578.3 of title 24, Code of
Federal Regulations, or any successor
regulation.
``(iv) Eligible public housing agency.--The
term `eligible public housing agency' means a
public housing agency that--
``(I) administers assistance under
this subsection through a contract for
annual contributions entered into with
the Secretary;
``(II) has a partnership with a
public child welfare agency and a
continuum of care that--
``(aa) has a system for
identifying and referring
eligible recipients for
assistance under this paragraph
from the public housing agency,
including by providing a
written certification that the
eligible recipient is eligible
to receive the assistance; and
``(bb) will, to the
greatest extent practicable,
provide or facilitate the
provision of supportive
services to those eligible
recipients; and
``(III) submits to the Secretary a
statement describing--
``(aa) how the public
housing agency will connect
eligible recipients with local
community resources, to the
extent available; and
``(bb) the plan for use of
capacity-building funding under
subparagraph (E), including--
``(AA) a timeline
for the use of that
funding within the
capacity-building
period;
``(BB) hiring and
personnel needs;
``(CC) physical
infrastructure needs;
and
``(DD)
technological
infrastructure needs,
including upgrades to
the HMIS, and any other
capacity-related
investments that are
necessary to administer
assistance under this
paragraph.
``(v) Eligible recipient.--The term
`eligible recipient' means any individual or
family experiencing homelessness or at risk of
homelessness with an income that is less than
50 percent of the area median income.
``(vi) Experiencing homelessness;
homeless.--The terms `experiencing
homelessness' and `homeless' means an
individual or family who is--
``(I) living in a place not meant
for human habitation or in an emergency
shelter;
``(II) living in transitional
housing for homeless persons and was
homeless before entering transitional
housing or an emergency shelter;
``(III) fleeing domestic violence;
or
``(IV) at risk of homelessness.
``(vii) HMIS.--The term `HMIS' means the
community-wide homeless management information
system described in section 402(f)(3)(D) of the
McKinney-Vento Homeless Assistance Act (42
U.S.C. 11360a(f)(3)(D)).
``(viii) Public housing agency.--The term
`public housing agency' includes a tribally
designated housing entity.
``(ix) Referral.--The term `referral' means
an affirmative connection between the voucher
recipient and the organization providing
services to the voucher recipient.
``(x) Service coordinator.--The term
`service coordinator' means an individual
employed directly by a public housing agency
who provides general case management and
referral services to each voucher recipient
served by the public housing agency, which
shall include--
``(I) an individual intake
screening of each voucher recipient to
evaluate the voucher recipient's need
for supportive services; and
``(II) referral to outside
services, including cooperation and
collaboration with a continuum of care.
``(xi) Source of income.--The term `source
of income' means income from any lawful source,
including--
``(I) income from any legal
employment; and
``(II) any assistance, benefit, or
subsidy through any Federal, State, or
local program, whether the program is
administered by a governmental or
nongovernmental entity.
``(xii) Tribally designated housing
entity.--The term `tribally designated housing
entity' has the meaning given the term in
section 4 of the Native American Housing
Assistance and Self-Determination Act of 1996
(25 U.S.C. 4103).
``(xiii) Voucher recipient.--The term
`voucher recipient' means an individual or
family receiving a voucher under this
paragraph.
``(xiv) Youth.--The term `youth' means an
individual under the age of 25.
``(B) Vouchers.--
``(i) Provision of vouchers.--
``(I) In general.--The Secretary
shall provide vouchers for rental
assistance on behalf of each eligible
recipient in accordance with this
paragraph.
``(II) Direct appropriation.--
Subject to subclause (III), there is
appropriated, out of any money in the
Treasury not otherwise appropriated,
for providing rental voucher assistance
under this paragraph for fiscal year
2023 and each fiscal year thereafter--
``(aa) the amount necessary
to fund the provision of a
voucher for rental assistance
under this paragraph on behalf
of each eligible recipient;
``(bb) the amount necessary
to provide administrative fees
under clause (ii) in connection
to each voucher for rental
assistance provided under this
paragraph; and
``(cc) the amount necessary
to fund annual renewals of the
vouchers provided under this
paragraph.
``(III) Number of vouchers.--The
Secretary shall provide--
``(aa) 250,000 vouchers
under this paragraph in fiscal
year 2023; and
``(bb) 400,000 vouchers
under this paragraph in each
fiscal year thereafter until
the Secretary determines that a
smaller number of vouchers is
sufficient to provide all
eligible recipients with
vouchers.
``(ii) Administrative fee for ancillary
costs.--The Secretary shall provide a public
housing agency that requests a voucher under
this paragraph an administrative fee sufficient
to provide assistance to the voucher recipient
for security deposits, moving costs, first or
last month's rent, or other significant
barriers to establishing use of the voucher and
a lease, in an amount that is not more than 3
months' rent for the voucher recipient.
``(iii) Payment standard.--The payment
standard for a voucher provided under this
paragraph may not exceed 125 percent of the
fair market rental in the jurisdiction in which
the voucher is administered.
``(iv) Supplemental voucher payment.--
``(I) In general.--An eligible
public housing agency may supplement
the amount of a voucher provided under
this paragraph in any case in which--
``(aa) the amount of the
voucher is insufficient to
cover the cost of a dwelling
unit within the jurisdiction of
the eligible public housing
agency and that insufficiency
may result in a voucher
recipient losing housing and
becoming homeless or doubled
up; or
``(bb) the eligible public
housing agency submits to the
Secretary a waiver request for
recalculation of the small area
fair market rent applicable to
the dwelling unit, which the
Secretary shall approve or deny
within 45 days of submission of
the request.
``(II) Payment upon denial.--An
eligible public housing agency may
supplement the amount of a voucher
under subclause (I) even if the
Secretary denies the request submitted
under subclause (I)(aa), provided that
the supplementation of the voucher
amount is necessary to maintain housing
for the voucher recipient.
``(v) Conditions on assistance.--
Notwithstanding any other provision of law, the
Secretary--
``(I) may not condition receipt of
a voucher under this paragraph on--
``(aa) participation in any
service or program; or
``(bb) the sobriety or lack
thereof of an eligible
recipient;
``(II) except as provided in
subclause (III), may not prohibit
receipt of a voucher under this
paragraph by an otherwise eligible
recipient due to any criminal
conviction or history of interaction
with the criminal justice system; and
``(III) shall prohibit receipt of a
voucher under this paragraph by
individuals subject to a lifetime
registration requirement under any
State sex offender registration
program.
``(vi) Verification of statement made by
eligible public housing agencies.--
``(I) In general.--Not later than
30 days after the date on which an
eligible public housing agency submits
the statement required under
subparagraph (A)(iv)(III), the
Secretary shall verify the statement.
``(II) Unsatisfactory statement.--
If, upon verification of a statement
under subclause (I), the Secretary
determines that the statement is
unsatisfactory, the Secretary shall
inform the eligible public housing
agency of that determination and the
manner in which the eligible public
housing agency may re-submit the
statement.
``(vii) Identification of eligible
recipients.--A public housing agency shall
partner with continuums of care, public child
welfare agencies, street outreach providers,
health care providers, and other similar
organizations in the State in which the public
housing agency operates to identify eligible
recipients.
``(viii) Requirements for eligible public
housing agencies.--
``(I) In general.--Each eligible
public housing agency providing
assistance under this paragraph shall--
``(aa) on an annual basis
and in conjunction with income
reviews for purposes of
determining income eligibility
for assistance under this
paragraph, verify the
compliance of the eligible
public housing agency with the
eligibility requirements under
this paragraph; and
``(bb) to the greatest
extent possible--
``(AA) work with
continuums of care to
ensure continuity of
data collection under
this paragraph; and
``(BB) utilize the
HMIS to collect and
main the information
required to be
collected under this
paragraph.
``(II) Priority.--In providing
vouchers under this paragraph, an
eligible public housing agency--
``(aa) shall prioritize the
first vouchers made available
under this section for eligible
recipients who are--
``(AA)
unaccompanied homeless
youth;
``(BB) homeless
youth with minor
children; or
``(CC) families
with minor children
experiencing
homelessness;
``(bb) to the extent
possible considering when the
Secretary disburses funds under
this paragraph, shall provide
vouchers to the eligible
recipients described in item
(aa) not later than 1 year
after the end of the capacity-
building period; and
``(cc) may not issue
vouchers to eligible recipients
not described in item (aa)
until the eligible public
housing agency has issued
vouchers to all eligible
recipients described in that
item.
``(ix) Use of voucher upon exit.--An
eligible public housing agency that issued a
voucher to an eligible recipient that is no
longer in use by the eligible recipient may
provide the voucher to any other tenant
eligible for tenant-based assistance under this
subsection.
``(C) Data collection.--
``(i) In general.--The Secretary shall
submit to Congress an annual report on
assistance providing under this paragraph,
which shall include--
``(I) an assessment of the progress
of States toward housing--
``(aa) eligible recipients
in the State; and
``(bb) the total population
of people experiencing
homelessness in the State; and
``(II) the information provided
under clause (ii).
``(ii) Information from public housing
agencies.--Each eligible public housing agency
administering assistance under this paragraph
shall submit to the Secretary and to the State
in which the public housing agency is located
an annual report for each fiscal year that
includes--
``(I) the number of voucher
recipients, including aggregated
demographic information on the age,
sex, gender identity, sexual
orientation, race, ethnicity, and
disability status of each such
recipient in a manner that does not
reveal the personally identifiable
information of each such recipient;
``(II) the number of eligible
recipients who applied during the
fiscal year for assistance under this
paragraph, but were not provided
assistance;
``(III) a brief identification in
each instance described in subclause
(II) of the reason why the eligible
public housing agency was unable to
provide the assistance; and
``(IV) a description of how the
eligible public housing agency
communicated or collaborated with
public child welfare agencies and
continuums of care to collect the data
described in subclauses (I) and (II).
``(D) Supportive services.--
``(i) Administrative fee.--
``(I) In general.--The Secretary
shall establish a fee under subsection
(q) for the costs incurred by public
housing agencies in administering
vouchers under this paragraph.
``(II) Costs.--In establishing the
fee described in subclause (I), the
Secretary shall include the costs to
public housing agencies of employing
full-time or full-time-equivalent
service coordinators.
``(III) Authorization of
appropriations.--There is authorized to
be appropriated $300,000,000 for each
of fiscal years 2023 through 2028 for
the fee described in subclause (I).
``(ii) Hiring of service coordinators.--
``(I) In general.--An eligible
public housing agency shall hire the
appropriate number of service
coordinators to administer supportive
services under this paragraph in
partnership with the public child
welfare agency or continuum of care in
a jurisdiction.
``(II) Insufficient funds.--If an
eligible public housing agency is
unable to hire an appropriate number of
service coordinators under subclause
(I) using the fee described in clause
(i)(I)--
``(aa) the public housing
agency may request an increased
administrative fee from the
Secretary; and
``(bb) the Secretary shall
approve or deny a request
received under item (aa) within
45 days.
``(III) Report to congress.--
Beginning in the first full fiscal year
after the date of enactment of this
paragraph, the Secretary shall submit
an annual report to Congress on
requests for increased administrative
fees received from public housing
agencies under subclause (II).
``(IV) Appropriate number
defined.--For purposes of this clause,
the term `appropriate number', with
respect to service coordinators, means
enough service coordinators so that
each household provided a voucher by a
public housing agency under this
paragraph is able to access a service
coordinator for not less than 30
minutes each week.
``(iii) Provision of services.--Upon intake
of an eligible recipient, a public housing
agency or a public child welfare agency or
continuum of care with which the public housing
agency has partnered shall--
``(I) assign the voucher recipient
a case manager or service coordinator;
and
``(II) provide or secure the
provision of supportive services to
contribute to the housing stability of
the voucher recipient, including--
``(aa) any supportive
service, as defined in section
401 of the McKinney-Vento
Homeless Assistance Act (42
U.S.C. 11360);
``(bb) referrals to health
care providers, including
mental health care providers,
dental health care providers,
and vision health care
providers;
``(cc) referrals to
substance use disorder
treatment, including recovery,
treatment, 12-step programs,
relapse prevention, or
medication-assisted treatment;
``(dd) assistance relating
to enrollment in the Medicare
or Medicaid programs under
titles XVIII and XIX of the
Social Security Act (42 U.S.C.
1395 et seq., 1396 et seq.),
respectively, and referrals to
other services, including--
``(AA) the
supplemental nutrition
assistance program
under the Food and
Nutrition Act of 2008
(7 U.S.C. 2011 et seq.)
(commonly known as the
`SNAP Program'); and
``(BB) the program
of block grants for
States for temporary
assistance for needy
families established
under part A of title
IV of the Social
Security Act (42 U.S.C.
601 et seq.) (commonly
known as the `TANF
Program');
``(ee) advising on
eligibility for the family
self-sufficiency program
established, credit counseling,
and housing counseling
programs;
``(ff) referrals to
education services, including
general educational development
(commonly known as `GED')
preparation and testing,
enrollment in postsecondary
education programs, and credit
recovery; and
``(gg) facilitation of
transportation assistance to
any of the supportive services
described in this subparagraph.
``(iv) Eligibility of private nonprofit
organizations and faith-based organizations.--
``(I) Definitions.--In this clause,
the terms `eligible entity' and
`private nonprofit organization' have
the meanings given those terms in
section 401 of the McKinney-Vento
Homeless Assistance Act (42 U.S.C.
11360).
``(II) Eligibility.--
Notwithstanding any other provision of
law--
``(aa) the Secretary shall
provide that private nonprofit
organizations that are eligible
entities, including faith-based
private nonprofit organizations
that are eligible entities,
shall be eligible to--
``(AA) provide
services described in
clause (iii); and
``(BB) receive
amounts made available
to carry out clause
(iii); and
``(bb) in determining
eligibility for amounts made
available to carry out clause
(iii), the status of an entity
as faith-based or the
possibility that an entity may
be faith-based may not be a
basis for any discrimination
against such entity in any
manner or for any purpose.
``(v) Access.--Services provided under this
subparagraph shall be available to voucher
recipients with low-to-no barrier access.
``(vi) Evaluation.--An eligible public
housing agency, public child welfare agency, or
continuum of care described in clause (iii)
shall evaluate each voucher recipient for
individual case management needs under this
subparagraph.
``(E) Capacity building.--
``(i) Authorization of appropriations.--
There is authorized to be appropriated to the
Secretary $500,000,000 for each of fiscal years
2023 and 2024 to provide funding for capacity
building to eligible public housing agencies.
``(ii) Funding formula.--Not later than 45
days after the date of enactment of this
paragraph, the Secretary shall establish a
formula for allocating the funding authorized
under clause (i) that takes into account--
``(I) the ratio of individuals in
the State in which the eligible public
housing agency operates who are
homeless to the overall population of
the State;
``(II) the proportion of families
in each State with children
experiencing unsheltered homelessness,
as reported in the State's most recent
point-in-time count, to the total
number of unsheltered homeless families
in the State as reported in the same
point-in-time count; and
``(III) the rate of unsheltered
homelessness in each State compared to
each other State, as reported in each
State's most recent point-in-time
count.
``(iii) Disbursement.--Not later than 30
days after an eligible public housing agency
submits an acceptable statement under
subparagraph (A)(iv)(III), the Secretary shall
disburse amounts authorized under clause (i) of
this subparagraph in accordance with the
formula established under clause (ii) of this
subparagraph.
``(iv) Minimum and maximum allocation.--The
Secretary shall ensure that--
``(I) each eligible public housing
agency does not receive more than 10
percent of the amount authorized under
clause (i); and
``(II) each State in which an
eligible public housing agency receives
funds under clause (i) does not receive
more than 25 percent of the total
amount authorized under that clause.
``(v) Eligible activities.--A recipient of
funds authorized under clause (i) may only use
the funds for--
``(I) hiring and personnel needs,
such as case managers and housing
placement advisory;
``(II) physical infrastructure--
``(aa) including increased
office space or facilities for
the provision of supportive
services; and
``(bb) not including
residential housing;
``(III) technological
infrastructure needs, including
upgrades to the HMIS; and
``(IV) any other capacity-related
investments that are necessary for the
public housing agency to--
``(aa) develop, acquire, or
rehabilitate housing that is
affordable to extremely low-
income families, to be made
available to people
experiencing homelessness; or
``(bb) support the
successful administration of
the vouchers under this
paragraph.
``(vi) Requirement for expenditure of
funds.--Each eligible public housing agency
that receives funds under clause (i) shall
expend not less than 60 percent of the funding
during the 2-year period following receipt of
the funding.
``(F) State accountability.--
``(i) In general.--Each eligible public
housing agency providing assistance under this
paragraph shall--
``(I) on a monthly basis, report
caseload and voucher administration
statistics to the State in which the
agency operates; and
``(II) twice annually, submit to
the State in which the agency operates
a report on the progress toward issuing
a voucher under this paragraph to all
eligible recipients, based on--
``(aa) the percentage
reduction in the number of
families with children and
youth that are experiencing
homelessness in the area in
which the agency care operates,
as determined by comparing the
most recent point-in-time count
with the point-in-time count
conducted 1 year prior; and
``(bb) the percentage
reduction in the number of
children experiencing
homelessness in the State, as
documented under the
requirements of the program
authorized under subtitle B of
title VII of the McKinney-Vento
Homeless Assistance Act (42
U.S.C. 11431 et seq.).
``(ii) Benchmarks.--Each year, each State
shall meet the benchmarks described in this
clause, based equally on the percentage
reduction in reported population of children
and families experiencing homelessness in the
following year's point-in-time count and the
percentage reduction in population of students
experiencing homelessness:
``(I) Annual report.--Each State
shall submit an annual report to the
Secretary that contains--
``(aa) data collected from
schools pursuant to the program
authorized under subtitle B of
title VII of the McKinney-Vento
Homeless Assistance Act (42
U.S.C. 11431 et seq.),
including the number of
students--
``(AA) experiencing
unsheltered
homelessness;
``(BB) living in
shelters;
``(CC) living in
motels, hotels, or
campgrounds;
``(DD) living in a
car or other motor
vehicle; or
``(EE) sharing the
housing of other
persons due to loss of
housing, economic
hardship, or similar
reasoning; and
``(bb) the information
received from each public
housing agency in the State
under clause (i)(II).
``(II) Issuance of vouchers for
smaller states.--Each State with a rate
of homelessness that is not higher than
10 people per 10,000 shall--
``(aa) not later than 2
years after the end of the
capacity-building period--
``(AA) issue
vouchers under this
paragraph to not less
than 50 percent of the
population of people
experiencing
homelessness in the
State, using data from
the most recent point-
in-time count; and
``(BB) to the
greatest extent
possible, prioritize
the issuance of those
vouchers to eligible
youth and families;
``(bb) not later than 3
years after the end of the
capacity-building period--
``(AA) issue
vouchers under this
paragraph to not less
than 70 percent of the
population of people
experiencing
homelessness in the
State, using data from
the most recent point-
in-time count; and
``(BB) to the
greatest extent
possible, prioritize
the issuance of those
vouchers to eligible
youth and families; and
``(cc) not later than 4
years after the end of the
capacity-building period, issue
vouchers under this paragraph
to all people experiencing
homelessness in the State.
``(III) Issuance of vouchers for
larger states.--Each State with a rate
of homelessness that is higher than 10
people per 10,000 shall--
``(aa) not later than 2
years after the end of the
capacity-building period--
``(AA) issue
vouchers under this
paragraph to not less
than 40 percent of the
population of people
experiencing
homelessness in the
State, using data from
the most recent point-
in-time count; and
``(BB) to the
greatest extent
possible, prioritize
the issuance of those
vouchers to eligible
youth and families;
``(bb) not later than 3
years after the end of the
capacity-building period--
``(AA) issue
vouchers under this
paragraph to not less
than 60 percent of the
population of people
experiencing
homelessness in the
State, using data from
the most recent point-
in-time count; and
``(BB) to the
greatest extent
possible, prioritize
the issuance of those
vouchers to eligible
youth and families; and
``(cc) not later than 4
years after the end of the
capacity-building period, issue
vouchers under this paragraph
to all people experiencing
homelessness in the State.
``(iii) Penalties.--
``(I) Warning.--Except as provided
in clause (v), if a State does not meet
the applicable benchmarks described in
clause (ii), the Secretary shall
publicly warn the State of the failure
of the State to meet the benchmark and
remind the State of the applicable
penalties.
``(II) Reduction in federal highway
funds.--If a State does not meet the
applicable benchmarks described in
clause (ii)--
``(aa) by the date that is
180 days after the warning by
the Secretary under subclause
(I) of this clause, the Federal
share payable for Federal-aid
highway projects under section
120 of title 23, United States
Code, shall be reduced by 5
percent; or
``(bb) by the date that is
180 days after a reduction made
under item (aa) of this
subclause, the Federal share
payable for Federal-aid highway
projects under section 120 of
title 23, United States Code,
shall be further reduced by 5
percent.
``(iv) Condition on compliance.--Beginning
in the first Notice of Funding Availability
cycle beginning after the date of enactment of
this paragraph, and every Notice of Funding
Availability cycle thereafter, the Secretary
shall condition the awarding of all funding for
vouchers under this paragraph by the Secretary
to a public housing authority in a State on
that State's compliance with the benchmarks
described in clause (ii).
``(v) Unemployment rate.--If the quarterly
unemployment rate of the population of a State
is not less than 6 percent--
``(I) the State shall not be
penalized under clause (iii) for
failure to meet the benchmarks
described in clause (ii); and
``(II) the State shall be required
to meet the benchmarks described in
clause (ii) not later than 180 days
after the date on which the quarterly
unemployment rate descends beneath 6
percent.
``(G) Administrative needs of hud.--
``(i) Authorization of appropriations.--
There is authorized to be appropriated
$15,000,000 for each of fiscal years 2023
through 2027 to the Secretary for the
administrative needs of the Department of
Housing and Urban Development and regional
offices of the Department in carrying out the
voucher program under this paragraph.
``(ii) Prohibition.--None of the funds made
available under this subparagraph may be used
to provide raises or bonuses to any employee of
the Department of Housing and Urban Development
in an amount that is more than 10 percent of
the annual gross salary of the employee.''.
(b) Technical and Conforming Amendment.--Effective on December 29,
2024, paragraph (22) of section 8(o) of the United States Housing Act
of 1937 (42 U.S.C. 1437f(o)), as added by subsection (a), is
redesignated as paragraph (23) and shall appear after paragraph (22),
as added by section 601(a)(2)(B) of division AA of Consolidated
Appropriations Act, 2023 (Public Law 117-328).
SEC. 112. LAND ACQUISITION AND CONSTRUCTION.
(a) Definitions.--In this section--
(1) the term ``at risk of homelessness'' has the meaning
given the term in section 401(1) of the McKinney-Vento Homeless
Assistance Act (42 U.S.C. 11360), except that ``50 percent''
shall be substituted for ``30 percent'' in subparagraph (A) of
that section;
(2) the terms ``extremely low-income'' and ``very low-
income'' have the meanings given those terms in section 1303 of
the Federal Housing Enterprises Financial Safety and Soundness
Act of 1992 (12 U.S.C. 4502);
(3) the term ``homeless'' means an individual or family who
is--
(A) living in a place not meant for human
habitation or in an emergency shelter;
(B) living in transitional housing for homeless
persons and was homeless before entering transitional
housing or an emergency shelter;
(C) fleeing domestic violence; or
(D) at risk of homelessness; and
(4) the term ``Secretary'' means the Secretary of Housing
and Urban Development.
(b) Authorizations of Appropriations.--
(1) In general.--There is authorized to be appropriated to
the Housing Trust Fund established under section 1338 of the
Federal Housing Enterprises Financial Safety and Soundness Act
of 1992 (12 U.S.C. 4568) $10,000,000,000 for each of fiscal
years 2023 through 2033 for allocation to States in accordance
with subsection (c) of such section 1338, subject to
subsections (c) through (f) of this section.
(2) Administrative needs of states.--
(A) Authorization of appropriations.--There is
authorized to be appropriated to the Secretary
$65,000,000 for each of fiscal years 2023 through 2028
for the administrative needs of States under this
section, in accordance with subparagraph (C).
(B) Allocation.--Of amounts authorized to be
appropriated under subparagraph (A) for each fiscal
year--
(i) $15,000,000 shall be allocated to the
Commonwealth of the Northern Mariana Islands,
Guam, American Samoa, and the Virgin Islands;
and
(ii) the remainder shall be allocated to
States pursuant to the formula established
under paragraph (22)(E)(ii) of section 8(o) of
the United States Housing Act of 1937 (42
U.S.C. 1437f(o)), as added by section 111 of
this Act.
(C) Eligible activities.--A State that receives
funds authorized to be appropriated under subparagraph
(A) may only use the funds for capacity-related
investments that are necessary for the State to
successfully allocate funds made available under
paragraph (1) of this subsection.
(D) Prohibition.--None of the funds made available
under this paragraph may be used to provide raises or
bonuses to any official of the executive branch of a
State.
(c) Revision of Funding Formula.--
(1) In general.--Not later than 1 year after the date of
enactment of this Act, the Secretary shall report to Congress
proposed changes to the funding formula under section
1338(c)(3) of the Federal Housing Enterprises Financial Safety
and Soundness Act of 1992 (12 U.S.C. 4568(c)(3)) in order to
ensure that the funding formula takes into account the economic
status of the people of the United States, including the
economic impact of the COVID-19 pandemic.
(2) Contents.--The revised formula proposed under paragraph
(1) shall address the following concerns:
(A) The COVID-19 pandemic and its impacts on the
economic security and housing stability of very low-
income and extremely low-income people of the United
States.
(B) The impacts of differing vacancy rates across
various housing markets in the United States.
(C) The rate of unsheltered homelessness in various
housing markets across the United States.
(D) The impact of differing rates of poverty and
extreme poverty across various States.
(E) The gap between demand for and supply of rental
units that are affordable and available to very low-
income and extremely low-income renters in a State.
(d) Eligible Households.--Housing that is assisted using amounts
made available under subsection (b) may only be used for the benefit of
very low-income or extremely low-income households.
(e) Eligible Activities.--A recipient of funds authorized under
subsection (b)--
(1) may only use the funds for land acquisition and the
acquisition, rehabilitation, or development of rental housing
that is affordable for very low-income or extremely low-income
households; and
(2) shall take all possible measures to expedite
construction of housing described in paragraph (1).
(f) Priority for Occupancy in Dwelling Units.--
(1) First 2 fiscal years.--During the first 2 fiscal years
for which amounts are made available to carry out this section,
the Secretary shall ensure that priority for occupancy in a
dwelling unit that receives assistance under this section is
given to a homeless family or homeless youth.
(2) Subsequent 3 fiscal years.--During the third, fourth,
and fifth fiscal years for which amounts are made available to
carry out this section, the Secretary shall ensure that
priority for occupancy in a dwelling unit that receives
assistance under this section is given to a homeless family or
homeless individual.
SEC. 113. MODULAR CONSTRUCTION PILOT PROGRAM.
(a) Definitions.--In this section:
(1) Eligible entity.--The term ``eligible entity'' means a
public housing agency, a tribally designated housing entity (as
defined in section 4 of the Native American Housing Assistance
and Self Determination Act of 1996 (25 U.S.C. 4103)), a
nonprofit entity, a company, a religious entity, or a unit of
local or Tribal government.
(2) Modular construction.--The term ``modular
construction'' means the method of residential construction by
which building modules are constructed off of the future site
of a building, then brought together on the building site to
form a larger residential building, in an effort to reduce
construction costs.
(3) Secretary.--The term ``Secretary'' means the Secretary
of Housing and Urban Development.
(b) Establishment of Program.--
(1) In general.--The Secretary shall establish a pilot
program to provide grants to eligible entities to promote the
construction of affordable housing using modular construction.
(2) Affordability requirement.--To be eligible to receive a
grant under paragraph (1), an eligible entity shall be required
to guarantee affordability for a period of more than 20 years.
(3) Priority.--In awarding grants under paragraph (1), the
Secretary shall give priority to an eligible entity that
fulfills not fewer than two of the following requirements:
(A) The eligible entity--
(i) will construct the housing in groups of
more than 50 units; or
(ii) provides confirmation from the
jurisdiction with land use control over the
site proposed by the eligible entity that--
(I) construction will be completed
within 18 months; and
(II) the housing will be
constructed in groups of more than 30
units.
(B) The eligible entity partners with a public
housing agency or unit of local government that will
issue rental assistance to residents of the affordable
housing through vouchers or grants.
(C) The eligible entity will provide supportive
services (as described in paragraph (21)(D)(iii)(II) of
section 8(o) of the United States Housing Act of 1937
(42 U.S.C. 1437f(o)), as added by section 3 of this
Act) to residents at no charge, or has secured the
provision of publicly or privately administered
supportive services (as so defined) to residents at no
charge.
(c) Matching Requirement.--The Federal share of a project funded
under this section shall be not more than 75 percent of the cost of the
project.
(d) Authorization of Appropriations.--There is authorized to be
appropriated to the Secretary $2,000,000 for each of fiscal years 2023
through 2028 to carry out this section.
SEC. 114. SUPPORTING PRO-HOUSING DEVELOPMENT.
(a) Definitions.--In this section:
(1) Duplex.--The term ``duplex'' means a residential
building divided into 2 units, each of which has a separate
entrance.
(2) Eligible activity.--The term ``eligible activity''
means an activity authorized under section 105(a) of the
Housing and Community Development Act of 1974 (42 U.S.C.
5305(a)).
(3) Eligible entity.--The term ``eligible entity'' means a
jurisdiction that adopts a zoning and community planning method
described in subsection (d)(4) after the date of enactment of
this Act.
(4) Floor area ratio.--The term ``floor area ratio'' means
the measurement of the floor area of a building in relation to
the size of the unit of land on which the building is located.
(5) Jurisdiction.--The term ``jurisdiction'' has the
meaning given the term in section 91.5 of title 24, Code of
Federal Regulations, or any successor regulation.
(6) Low-income.--The term ``low-income'' has the meaning
given the term in section 1303 of the Federal Housing
Enterprises Financial Safety and Soundness Act of 1992 (12
U.S.C. 4502).
(7) Mixed-use housing.--The term ``mixed use housing''
means a building with--
(A) retail or other business, public service, or
nonprofit establishments at the ground level or a lower
level; and
(B) not less than 1 story of residential units
above the establishments described in subparagraph (A).
(8) Quadplex.--The term ``quadplex'' means a residential
building divided into 4 units, each of which has a separate
entrance.
(9) Secretary.--The term ``Secretary'' means the Secretary
of Housing and Urban Development.
(10) Triplex.--The term ``triplex'' means a residential
building divided into 3 units, each of which has a separate
entrance.
(11) Multifamily housing.--The term ``multifamily
housing''--
(A) means housing accommodations that--
(i) are designed principally for
residential use;
(ii) conform to standards satisfactory to
the Secretary; and
(iii) consist of not less than 5 rental
units on a site; and
(B) includes units that are detached, semidetached,
row house, or multifamily structures.
(b) Zoning Information Reporting Requirement.--
(1) In general.--The Secretary shall require a jurisdiction
that receives, directly or indirectly, any funding from the
Secretary to submit to the Secretary a report containing
information about the zoning and community planning methods of
the jurisdiction, unless the jurisdiction already reports such
information.
(2) Additional information.--Upon receiving a report
described in paragraph (1) from a jurisdiction, the Secretary
may request additional information, at the discretion of the
Secretary.
(c) Prohibited Zoning Methods.--
(1) In general.--On and after the date that is 180 days
after the date of enactment of this Act, a jurisdiction that
uses a zoning and community planning method described in
paragraph (2) may not receive, directly or indirectly, amounts
from a grant awarded under subsection (d).
(2) Prohibited methods.--The methods referred to in
paragraph (1) are the following:
(A) Prohibiting or discouraging duplexes in areas
zoned for single-family homes.
(B) Prohibiting or discouraging single-room
occupancy development in areas zoned for multifamily
homes.
(C) In areas within one half-mile of a multimodal
transit stop, maintaining requirements of more than 1
parking spot for a resident's car per residential unit.
(D) Prohibiting or discouraging accessory dwelling
units (commonly known as an ``ADU'' or ``granny flat'')
on the premises of single-family homes.
(E) Prohibiting or discouraging the conversion of
commercial property into residential property.
(F) Prohibiting or discouraging the development of
multifamily housing or mixed-use housing in commercial
areas.
(3) Exception.--A jurisdiction shall not be penalized under
paragraph (1) based on the use of a zoning and community
planning method described in paragraph (2) over which the
jurisdiction does not have control.
(d) Grant Program.--
(1) Establishment.--The Secretary shall establish a program
under which the Secretary awards competitive grants to eligible
entities to use for eligible activities.
(2) Priority.--In awarding grants under paragraph (1), the
Secretary--
(A) shall give priority to an eligible entity that
adopt more than one of the zoning and community
planning methods described in paragraph (4); and
(B) in giving priority to an eligible entity under
subparagraph (A) of this paragraph, shall base the
degree of priority given on the number of such methods
that the eligible entity has adopted, relative to the
number of such methods that each other eligible entity
has adopted.
(3) Amount of grant.--
(A) In general.--The amount of a grant awarded to
an eligible entity under paragraph (1) shall be not
less than--
(i) $5,000,000 for an eligible entity with
a population of less than 80,000;
(ii) $20,000,000 for an eligible entity
with a population of less than 100,000;
(iii) $40,000,000 for an eligible entity
with a population of less than 500,000;
(iv) $100,000,000 for an eligible entity
with a population of less than 1,000,000; and
(v) $125,000,000 for an eligible entity
with a population of not less than 1,000,000.
(B) Population calculation.--The Secretary shall
calculate the population of an eligible entity for
purposes of subparagraph (A) using the most recently
available data from the Bureau of the Census.
(4) Encouraged zoning and community planning methods.--The
zoning and community planning methods described in this
paragraph are the following:
(A) Allowing--
(i) duplexes, triplexes, and quadplexes, or
other multifamily housing, in areas zoned for
single-family homes;
(ii) the subdivision of existing single-
family homes into multiple units; and
(iii) waivers to permitting or zoning
requirements to incentivize the construction
of--
(I) accessory dwelling units;
(II) additions to existing single-
family homes to create duplexes,
triplexes, or quadplexes; or
(III) other additions that do not
require demolition of an existing home
on a given unit of land.
(B) Incentivizing the development of single-room
occupancy multifamily housing and accessory dwelling
units through expedited permitting, reduced fees, or
other incentives.
(C) Not imposing a minimum lot size or minimum unit
square-foot requirements.
(D) Incentivizing the development of commercial
property into residential housing.
(E) Eliminating or lowering requirements for per-
unit parking spots.
(F) Allowing increased floor area ratios.
(G) Eliminating or raising height limits on
development to encourage building vertically rather
than horizontally.
(H) Waiving or eliminating fees or permits for
development in exchange for the development of a larger
number of units that are affordable to low-income
people.
(5) Regulations.--The Secretary may promulgate any
regulations necessary to carry out this subsection.
(6) Authorization of appropriations.--There are authorized
to be appropriated to carry out this subsection $4,000,000,000
for each of fiscal years 2023 through 2028.
SEC. 115. PERMANENT AUTHORIZATION OF APPROPRIATIONS FOR MCKINNEY-VENTO
HOMELESS ASSISTANCE ACT GRANTS.
Section 408 of the McKinney-Vento Homeless Assistance Act (42
U.S.C. 11364) is amended to read as follows:
``SEC. 408. AUTHORIZATION OF APPROPRIATIONS.
``There are authorized to be appropriated to carry out this title
such sums as may be necessary for each fiscal year.''.
Subtitle B--Rural Housing Assistance
SEC. 121. RURAL HOUSING REINVESTMENT.
(a) Definitions.--In this section:
(1) Broad-based nonprofit organization.--The term ``broad-
based nonprofit organization'' means a nonprofit organization
that has a membership that reflects a variety of interests in
the area in which housing assisted under this section will be
located.
(2) Covered program.--The term ``covered program'' means--
(A) the Very Low-Income Housing Repair Loans and
Grants Program under section 504 of the Housing Act of
1949 (42 U.S.C. 1474);
(B) the Farm Labor Housing loan program under
section 514 of the Housing Act of 1949 (42 U.S.C.
1484);
(C) the Rural Rental Housing Loan program under
section 515 of the Housing Act of 1949 (42 U.S.C.
1485);
(D) the Farm Labor Housing grant program under
section 516 of the Housing Act of 1949 (42 U.S.C.
1486); and
(E) the Rural Rental Assistance program under
section 521 of the Housing Act of 1949 (42 U.S.C.
1490a).
(3) Domestic farm laborer.--The term ``domestic farm
laborer'' means an individual who receives a substantial
portion of the individual's income from the primary production
of processed or unprocessed agricultural or aquacultural
commodities or other farm labor employment.
(4) Eligible entity.--The term ``eligible entity'' means--
(A) a broad-based nonprofit organization;
(B) a nonprofit organization with experience in
developing affordable housing, rural housing, or
housing for domestic farm laborers;
(C) a nonprofit organization of domestic farm
laborers;
(D) a federally recognized Indian Tribe;
(E) a community organization;
(F) an agency of a State or of a political
subdivision of a State; or
(G) a limited partnership with a nonprofit general
partner.
(5) Green building certification.--The term ``green
building certification'' means--
(A) a certification from the Residential New
Construction Program of the Energy Star program
established by section 324A of the Energy Policy and
Conservation Act (42 U.S.C. 6294a);
(B) a certification from the Zero Energy Ready Home
program of the Department of Energy; and
(C) a certification or accreditation that is
substantially similar to a certification described in
subparagraph (A) or (B) that requires the housing
project to be at least 10 percent more efficient than
homes built to the building code standards of the
applicable State.
(6) Low-income.--The term ``low-income'' has the meaning
given the term in section 1303 of the Federal Housing
Enterprises Financial Safety and Soundness Act of 1992 (12
U.S.C. 4502).
(7) Secretary.--The term ``Secretary'' means the Secretary
of Agriculture.
(b) Assistance.--
(1) Loans and grants.--
(A) In general.--The Secretary shall award
additional loans and grants, including zero-percent
interest loans, under the covered programs to eligible
entities that construct or preserve off-farm affordable
housing, including multifamily housing, for domestic
farm laborers or multifamily housing for low-income
individuals living in rural areas to increase and
preserve the supply of available and affordable rental
housing for--
(i) low-income individuals living in rural
areas; and
(ii) domestic farm laborers.
(B) Timeline.--
(i) Notice of funding availability.--Not
later than 180 days after the date of enactment
of this Act, the Secretary shall publish a
notice of funding availability to solicit
applications for loans and grants to be awarded
under subparagraph (A).
(ii) Awards.--Not later than 1 year after
the date of enactment of this Act, the
Secretary shall award loans and grants,
including zero-percent interest loans, to
eligible entities under subparagraph (A).
(C) Local contribution for grants.--
(i) In general.--An eligible entity that
receives a grant under this section shall
contribute not less than 10 percent of the
total project cost from sources other than the
grant.
(ii) Timing of availability.--An eligible
entity may not receive a grant under this
section unless the funds required under clause
(i) are available to the eligible entity as of
the date on which the grant is awarded.
(iii) Sources.--An eligible entity may use
amounts from a loan financed by the Rural
Housing Service or the Federal Housing
Administration to satisfy the requirement under
clause (i).
(2) Rental assistance for off-farm affordable housing and
multifamily housing.--
(A) In general.--In addition to loans and grants
under paragraph (1), the Secretary, acting through the
Under Secretary for Rural Development, shall provide
rental assistance to--
(i) owners of off-farm affordable housing
for domestic farm laborers that is assisted by
a loan or grant under paragraph (1); and
(ii) owners of affordable multifamily
housing for low-income individuals living in
rural areas that is assisted by a loan or grant
under paragraph (1).
(B) Amount of rent.--In providing rental assistance
under subparagraph (A), the Secretary shall make
assistance payments to the owners of housing described
in that subparagraph in order to make available to low-
income occupants of such housing rentals at rates
commensurate to income and not exceeding the highest
of--
(i) 30 percent of adjusted income (as
defined in section 3(b)(5) of the United States
Housing Act of 1937 (42 U.S.C. 1437a(b)(5)),
except that the amount shall be calculated on a
monthly basis);
(ii) 10 percent of monthly income; or
(iii) if the person or family is receiving
payments for welfare assistance from a public
agency, the portion (if any) of the payments
that is specifically designated by the agency
to meet the housing costs of the person or
family.
(C) Cap on rent increases.--The rent or
contribution to rent paid by any recipient of
assistance under this paragraph shall not increase as a
result of this section or any other provision of
Federal law or regulation by more than 10 percent
during any 12-month period, unless the increase above
10 percent is attributable to increases in income that
are unrelated to this subsection or the other provision
of Federal law or regulation.
(D) Amount of assistance.--The amount of an
assistance payment made on behalf of a tenant under
this paragraph shall be equal to the difference
between--
(i) the monthly contribution of the tenant,
which shall be the applicable amount under
subparagraph (B); and
(ii) the fair market rental for the
jurisdiction in which the property is located,
as established by the Secretary under section
8(c) of the United States Housing Act of 1937
(42 U.S.C. 1437a(c)).
(E) Regulations.--The Secretary may promulgate any
regulation that is necessary and proper to carry out
this paragraph.
(3) Priority.--In awarding assistance for farm labor
housing and multi-family housing under paragraphs (1) and (2),
the Secretary shall give priority to an applicant seeking
assistance for a housing project that--
(A) as determined by the Secretary, is energy
efficient and generates energy, such as through geo-
exchange systems, ground-source heat pumps, wind
turbines, and solar energy systems; or
(B) has a green building certification.
(c) Funding.--
(1) Farm labor housing loans and grants programs.--There is
authorized to be appropriated to the Secretary $78,000,000 for
each of fiscal years 2023 through 2033 to award loans and
grants under subsection (b)(1)(A) through the Farm Labor
Housing loan program and Farm Labor Housing grant program under
sections 514 and 516, respectively, of the Housing Act of 1949
(42 U.S.C. 1484, 1486).
(2) Rural rental housing loan program.--There is authorized
to be appropriated to the Secretary $100,000,000 for each of
fiscal years 2023 through 2033 to award loans under subsection
(b)(1)(A) through the Rural Rental Housing Loan program under
section 515 of the Housing Act of 1949 (42 U.S.C. 1485).
(3) Rural rental assistance program.--There is authorized
to be appropriated to the Secretary $2,500,000,000 for each of
fiscal years 2023 through 2033 to award loans under subsection
(b)(1)(A) through the Rural Rental Assistance program under
section 521 of the Housing Act of 1949 (42 U.S.C. 1490a).
(4) Rental assistance under (b)(2) of this section.--There
is authorized to be appropriated to the Secretary $250,000,000
for each of fiscal years 2023 through 2033 for rental
assistance payments under subsection (b)(2).
SEC. 122. PERMANENT ESTABLISHMENT OF HOUSING PRESERVATION AND
REVITALIZATION PROGRAM.
Title V of the Housing Act of 1949 (42 U.S.C. 1471 et seq.) is
amended by adding at the end the following:
``SEC. 545. HOUSING PRESERVATION AND REVITALIZATION PROGRAM.
``(a) Establishment.--The Secretary shall carry out a program under
this section for the preservation and revitalization of multifamily
rental housing projects financed under section 515 or both sections 514
and 516.
``(b) Notice of Maturing Loans.--
``(1) To owners.--On an annual basis, the Secretary shall
provide written notice to each owner of a property financed
under section 515 or both sections 514 and 516 that will mature
within the 4-year period beginning upon the provision of such
notice, setting forth the options and financial incentives that
are available to facilitate the extension of the loan term or
the option to decouple a rental assistance contract pursuant to
subsection (f).
``(2) To tenants.--
``(A) In general.--For each property financed under
section 515 or both sections 514 and 516, not later
than the date that is 2 years before the date that such
loan will mature, the Secretary shall provide written
notice to each household residing in such property that
informs them of the date of the loan maturity, the
possible actions that may happen with respect to the
property upon such maturity, and how to protect their
right to reside in federally assisted housing after
such maturity.
``(B) Language.--Notice under this paragraph shall
be provided in plain English and shall be translated
into other languages in the case of any property
located in an area in which a significant number of
residents speak such other languages.
``(c) Loan Restructuring.--Under the program under this section,
the Secretary may restructure such existing housing loans, as the
Secretary considers appropriate, for the purpose of ensuring that such
projects have sufficient resources to preserve the projects to provide
safe and affordable housing for low-income residents and farm laborers,
by--
``(1) reducing or eliminating interest;
``(2) deferring loan payments;
``(3) subordinating, reducing, or reamortizing loan debt;
and
``(4) providing other financial assistance, including
advances, payments, and incentives (including the ability of
owners to obtain reasonable returns on investment) required by
the Secretary.
``(d) Renewal of Rental Assistance.--When the Secretary offers to
restructure a loan pursuant to subsection (c), the Secretary shall
offer to renew the rental assistance contract under section 521(a)(2)
for a 20-year term that is subject to annual appropriations, provided
that the owner agrees to bring the property up to such standards that
will ensure its maintenance as decent, safe, and sanitary housing for
the full term of the rental assistance contract.
``(e) Restrictive Use Agreements.--
``(1) Requirement.--As part of the preservation and
revitalization agreement for a project, the Secretary shall
obtain a restrictive use agreement that obligates the owner to
operate the project in accordance with this title.
``(2) Term.--
``(A) No extension of rental assistance contract.--
Except when the Secretary enters into a 20-year
extension of the rental assistance contract for the
project, the term of the restrictive use agreement for
the project shall be consistent with the term of the
restructured loan for the project.
``(B) Extension of rental assistance contract.--If
the Secretary enters into a 20-year extension of the
rental assistance contract for a project, the term of
the restrictive use agreement for the project shall be
for 20 years.
``(C) Termination.--The Secretary may terminate the
20-year use restrictive use agreement for a project
prior to the end of its term if the 20-year rental
assistance contract for the project with the owner is
terminated at any time for reasons outside the owner's
control.
``(f) Decoupling of Rental Assistance.--
``(1) Renewal of rental assistance contract.--If the
Secretary determines that a maturing loan for a project cannot
reasonably be restructured in accordance with subsection (c)
and the project was operating with rental assistance under
section 521, the Secretary may renew the rental assistance
contract, notwithstanding any provision of section 521, for a
term, subject to annual appropriations, of at least 10 years
but not more than 20 years.
``(2) Rents.--Any agreement to extend the term of the
rental assistance contract under section 521 for a project
shall obligate the owner to continue to maintain the project as
decent, safe, and sanitary housing and to operate the
development in accordance with this title, except that rents
shall be based on the lesser of--
``(A) the budget-based needs of the project; or
``(B) the operating cost adjustment factor as a
payment standard as provided under section 524 of the
Multifamily Assisted Housing Reform and Affordability
Act of 1997 (42 U.S.C. 1437 note).
``(g) Multifamily Housing Transfer Technical Assistance.--Under the
program under this section, the Secretary may provide grants to
qualified nonprofit organizations and public housing agencies to
provide technical assistance, including financial and legal services,
to borrowers under loans under this title for multifamily housing to
facilitate the acquisition of such multifamily housing properties in
areas where the Secretary determines there is a risk of loss of
affordable housing.
``(h) Transfer of Rental Assistance.--After the loan or loans for a
rental project originally financed under section 515 or both sections
514 and 516 have matured or have been prepaid and the owner has chosen
not to restructure the loan pursuant to subsection (c), a tenant
residing in such project shall have 18 months prior to loan maturation
or prepayment to transfer the rental assistance assigned to the
tenant's unit to another rental project originally financed under
section 515 or both sections 514 and 516, and the owner of the initial
project may rent the tenant's previous unit to a new tenant without
income restrictions.
``(i) Administrative Expenses.--Of any amounts made available for
the program under this section for any fiscal year, the Secretary may
use not more than $1,000,000 for administrative expenses for carrying
out such program.
``(j) Authorization of Appropriations.--There is authorized to be
appropriated for the program under this section $200,000,000 for each
of fiscal years 2023 through 2028.''.
SEC. 123. ELIGIBILITY FOR RURAL HOUSING VOUCHERS.
Section 542 of the Housing Act of 1949 (42 U.S.C. 1490r) is amended
by adding at the end the following:
``(c) Eligibility of Households in Section 514, 515, and 516
Projects.--The Secretary may provide rural housing vouchers under this
section for any low-income household (including those not receiving
rental assistance) residing in a property financed with a loan made or
insured under section 514 or 515 (42 U.S.C. 1484, 1485) which has been
prepaid, has been foreclosed, or has matured after September 30, 2005,
or residing in a property assisted under section 514 or 516 that is
owned by a nonprofit organization or public agency.''.
SEC. 124. AMOUNT OF VOUCHER ASSISTANCE.
Notwithstanding any other provision of law, in the case of any
rural housing voucher provided pursuant to section 542 of the Housing
Act of 1949 (42 U.S.C. 1490r), the amount of the monthly assistance
payment for the household on whose behalf such assistance is provided
shall be determined as provided in subsection (a) of such section 542.
SEC. 125. USE OF AVAILABLE RENTAL ASSISTANCE.
Section 521(d) of the Housing Act of 1949 (42 U.S.C. 1490a(d)) is
amended by adding at the end the following:
``(3) In the case of any rental assistance contract authority that
becomes available because of the termination of assistance on behalf of
an assisted family--
``(A) at the option of the owner of the rental project, the
Secretary shall provide the owner a period of 6 months before
such assistance is made available pursuant to subparagraph (B)
during which the owner may use such assistance authority to
provide assistance on behalf of an eligible unassisted family
that--
``(i) is residing in the same rental project that
the assisted family resided in prior to such
termination; or
``(ii) newly occupies a dwelling unit in such
rental project during such period; and
``(B) except for assistance used as provided in
subparagraph (A), the Secretary shall use such remaining
authority to provide such assistance on behalf of eligible
families residing in other rental projects originally financed
under section 515 or both sections 514 and 516.''.
SEC. 126. FUNDING FOR MULTIFAMILY TECHNICAL IMPROVEMENTS.
There is authorized to be appropriated to the Secretary of
Agriculture $50,000,000 for fiscal year 2023 for improving the
technology of the Department of Agriculture used to process loans for
multifamily housing and otherwise managing such housing. Such
improvements shall be made within the 5-year period beginning upon the
appropriation of such amounts and such amount shall remain available
until the expiration of such 5-year period.
SEC. 127. PLAN FOR PRESERVING AFFORDABILITY OF RENTAL PROJECTS.
(a) Plan.--Not later than 180 days after the date of enactment of
this Act, the Secretary of Agriculture (in this section referred to as
the ``Secretary'') shall submit a written plan to Congress for
preserving the affordability for low-income families of rental projects
for which loans were made under section 515 of the Housing Act of 1949
(42 U.S.C. 1485) or made to nonprofit or public agencies under section
514 of that Act (42 U.S.C. 1484) and avoiding the displacement of
tenant households, which shall--
(1) set forth specific performance goals and measures;
(2) set forth the specific actions and mechanisms by which
such goals will be achieved;
(3) set forth specific measurements by which progress
towards achievement of each goal can be measured;
(4) provide for detailed reporting on outcomes; and
(5) include any legislative recommendations to assist in
achievement of the goals under the plan.
(b) Advisory Committee.--
(1) Establishment; purpose.--The Secretary shall establish
an advisory committee whose purpose shall be to assist the
Secretary--
(A) in preserving properties assisted under section
514 or 515 of the Housing Act of 1949 (42 U.S.C. 1484,
1485) that are owned by nonprofit or public agencies
through the multifamily housing preservation and
revitalization program under section 545 of that Act
(as added by this subtitle); and
(B) implementing the plan required under subsection
(a) of this section.
(2) Member.--The advisory committee shall consist of 14
members, appointed by the Secretary, as follows:
(A) A State Director of Rural Development for the
Department of Agriculture.
(B) The Administrator for Rural Housing Service of
the Department of Agriculture.
(C) Two representatives of for-profit developers or
owners of multifamily rural rental housing.
(D) Two representatives of nonprofit developers or
owners of multifamily rural rental housing.
(E) Two representatives of State housing finance
agencies.
(F) Two representatives of tenants of multifamily
rural rental housing.
(G) One representative of a community development
financial institution that is involved in preserving
the affordability of housing assisted under sections
514, 515, and 516 of the Housing Act of 1949 (42 U.S.C.
1484, 1485, 1486).
(H) One representative of a nonprofit organization
that operates nationally and has actively participated
in the preservation of housing assisted by the Rural
Housing Service by conducting research regarding, and
providing financing and technical assistance for,
preserving the affordability of such housing.
(I) One representative of low-income housing tax
credit investors.
(J) One representative of regulated financial
institutions that finance affordable multifamily rural
rental housing developments.
(3) Meetings.--The advisory committee shall meet not less
often than once each calendar quarter.
(4) Functions.--In providing assistance to the Secretary to
carry out its purpose, the advisory committee shall carry out
the following functions:
(A) Assisting the Rural Housing Service of the
Department of Agriculture to improve estimates of the
size, scope, and condition of rental housing portfolio
of the Service, including the time frames for maturity
of mortgages and costs for preserving the portfolio as
affordable housing.
(B) Reviewing current policies and procedures of
the Rural Housing Service regarding preservation of
affordable rental housing financed under sections 514,
515, 516, and 538 of the Housing Act of 1949 (42 U.S.C.
1484, 1485, 1486, 1490p-2), the Multifamily
Preservation and Revitalization Demonstration program
(commonly known as the ``MPR''), and the Rural Rental
Assistance program under section 521 of the Housing Act
of 1949 (42 U.S.C. 1490a) and making recommendations
regarding improvements and modifications to such
policies and procedures.
(C) Providing ongoing review of Rural Housing
Service program results.
(D) Providing reports to Congress and the public on
meetings, recommendations, and other findings of the
advisory committee.
TITLE II--REVENUE PROVISIONS
SEC. 201. TAX-EXEMPT BOND FINANCING REQUIREMENT.
(a) In General.--Section 42(h)(4)(B) of the Internal Revenue Code
of 1986 is amended to read as follows:
``(B) Special rule where a required percent of
buildings is financed with tax-exempt bonds subject to
volume cap.--For purposes of subparagraph (A),
paragraph (1) shall not apply to any portion of the
credit allowable under subsection (a) with respect to a
building if--
``(i) 50 percent or more of the aggregate
basis of any such building and the land on
which the building is located is financed by
any obligation described in subparagraph (A),
or
``(ii) 25 percent or more of the aggregate
basis of such building and the land on which
the building is located is financed by any
obligation which is described in subparagraph
(A) and issued in calendar year 2024, 2025,
2026, 2027, or 2028.''.
(b) Effective Date.--The amendment made by this section shall apply
to any building some portion of which, or of the land on which the
building is located, is financed by an obligation which is described in
section 42(h)(4)(A) and which is part of an issue the issue date of
which is after December 31, 2023.
SEC. 202. INCREASES IN STATE ALLOCATIONS.
(a) In General.--Clause (ii) of section 42(h)(3)(C) of the Internal
Revenue Code is amended--
(1) by striking ``$1.75'' in subclause (I) and inserting
``the per capita amount'', and
(2) by striking ``$2,000,000'' in subclause (II) and
inserting ``the minimum amount''.
(b) Per Capita Amount; Minimum Amount.--Section 42(h)(3) of the
Internal Revenue Code of 1986 is amended by striking subparagraphs (H)
and (I) and inserting the following:
``(H) Per capita amount.--For purposes of
subparagraph (C)(ii)(I), the per capita amount shall be
determined as follows:
``(i) Calendar year 2023.--For calendar
year, 2023, the per capita amount is $3.90.
``(ii) Calendar year 2024.--For calendar
year 2024, the per capita amount is the product
of--
``(I) 1.25, and
``(II) the dollar amount under
clause (i) increased by an amount equal
to--
``(aa) such dollar amount,
multiplied by
``(bb) the cost-of-living
adjustment determined under
section 1(f)(3) for such
calendar year, determined by
substituting `calendar year
2022' for `calendar year 2016'
in subparagraph (A)(ii)
thereof.
If the amount determined after application of the
preceding sentence is not a multiple of $5,000, such
amount shall be rounded to the next lowest multiple of
$5,000.
``(iii) Calendar years after 2024.--In the
case of any calendar year after 2024, the per
capita amount is the dollar amount determined
under clause (ii) increased by an amount equal
to--
``(I) such dollar amount,
multiplied by
``(II) the cost-of-living
adjustment determined under section
1(f)(3) for such calendar year,
determined by substituting `calendar
year 2023' for `calendar year 2016' in
subparagraph (A)(ii) thereof.
Any amount increased under the preceding
sentence which is not a multiple of 5 cents
shall be rounded to the next lowest multiple of
5 cents.
``(I) Minimum amount.--For purposes of subparagraph
(C)(ii)(II), the minimum amount shall be determined as
follows:
``(i) Calendar year 2023.--For calendar
year, 2023, the minimum amount is $4,495,000.
``(ii) Calendar year 2024.--For calendar
year 2024, the minimum amount is the product
of--
``(I) 1.25, and
``(II) the dollar amount under
clause (i) increased by an amount equal
to--
``(aa) such dollar amount,
multiplied by
``(bb) the cost-of-living
adjustment determined under
section 1(f)(3) for such
calendar year, determined by
substituting `calendar year
2022' for `calendar year 2016'
in subparagraph (A)(ii)
thereof.
If the amount determined after application of
the preceding sentence is not a multiple of 5
cents, such amount shall be rounded to the next
lowest multiple of 5 cents.
``(iii) Calendar years after 2024.--In the
case of any calendar year after 2024, the
minimum amount is the dollar amount determined
under clause (ii) increased by an amount equal
to--
``(I) such dollar amount,
multiplied by
``(II) the cost-of-living
adjustment determined under section
1(f)(3) for such calendar year,
determined by substituting `calendar
year 2023' for `calendar year 2016' in
subparagraph (A)(ii) thereof.
Any amount increased under the preceding
sentence which is not a multiple of $5,000
shall be rounded to the next lowest multiple of
$5,000.''.
(c) Effective Date.--The amendments made by this section shall
apply to calendar years beginning after December 31, 2022.
SEC. 203. BUILDINGS DESIGNATED TO SERVE EXTREMELY LOW-INCOME
HOUSEHOLDS.
(a) Reserved State Allocation.--
(1) In general.--Section 42(h) of the Internal Revenue Code
of 1986 is amended--
(A) by redesignating paragraphs (6), (7), and (8)
as paragraphs (7), (8), and (9), respectively, and
(B) by inserting after paragraph (5) the following
new paragraph:
``(6) Portion of state ceiling set-aside for projects
designated to serve extremely low-income households.--
``(A) In general.--Not more than 92 percent of the
portion of the State housing credit ceiling amount
described in paragraph (3)(C)(ii) for any State for any
calendar year shall be allocated to buildings other
than buildings described in subparagraph (B).
``(B) Buildings described.--A building is described
in this subparagraph if 20 percent or more of the
residential units in such building are rent-restricted
(determined as if the imputed income limitation
applicable to such units were 30 percent of area median
gross income) and are designated by the taxpayer for
occupancy by households the aggregate household income
of which does not exceed the greater of--
``(i) 30 percent of area median gross
income, or
``(ii) 100 percent of an amount equal to
the Federal poverty line (within the meaning of
section 36B(d)(3)).
``(C) Exception.--A building shall not be treated
as described in subparagraph (B) if such building is a
part of a qualified low-income housing project with
respect to which the taxpayer elects the requirements
of subsection (g)(1)(C).''.
(2) Conforming amendment.--Section 42(b)(4)(C) of such Code
is amended by striking ``(h)(7)'' and inserting ``(h)(8)''.
(b) Increase in Credit.--Paragraph (5) of section 42(d) of the
Internal Revenue Code of 1986 is amended by adding at the end the
following new subparagraph:
``(C) Increase in credit for buildings designated
to serve extremely low-income households.--
``(i) In general.--In the case of any
building--
``(I) which is described in
subsection (h)(6)(B), and
``(II) which is designated by the
housing credit agency as requiring the
increase in credit under this
subparagraph in order for such building
to be financially feasible as part of a
qualified low-income housing project,
subparagraph (B) shall not apply to the portion
of such building which is comprised of
residential units described in subsection
(h)(6)(B) (determined in a manner similar to
the unit fraction under subsection (c)(1)(C)),
and the eligible basis of such portion of the
building shall be 150 percent of such basis
determined without regard to this subparagraph.
``(ii) Allocation rules applicable to
projects to which clause (i) applies.--
``(I) State housing credit
ceiling.--For any calendar year, no
more than 13 percent of the portion of
the State housing credit ceiling
described in subsection (h)(3)(C)(ii)
shall be allocated to buildings to
which clause (i) applies.
``(II) Application to projects
financed with tax-exempt bonds.--In the
case of any building which is financed
by an obligation described in
subsection (h)(4), clause (i) shall not
apply unless--
``(aa) the State in which
the issuing authority issuing
such obligation is located
designates such obligation as
an obligation to which this
subparagraph applies, and
``(bb) the aggregate face
amount of obligations
designated under item (aa) by
such State in the calendar year
during which such obligation is
issued does not exceed 8
percent of the State ceiling of
such State under section
146(d)(1) for such year.''.
(c) Effective Date.--The amendments made by this section shall
apply to allocations of housing credit dollar amount after December 31,
2023, and to buildings that are described in section 42(h)(4)(B) taking
into account only obligations that are part of an issue the issue date
of which is after December 31, 2023.
SEC. 204. INCLUSION OF INDIAN AREAS AS DIFFICULT DEVELOPMENT AREAS FOR
PURPOSES OF CERTAIN BUILDINGS.
(a) In General.--Subclause (I) of section 42(d)(5)(B)(iii) of the
Internal Revenue Code of 1986 is amended by inserting before the period
the following: ``, and any Indian area''.
(b) Indian Area.--Clause (iii) of section 42(d)(5)(B) of the
Internal Revenue Code of 1986 is amended by redesignating subclause
(II) as subclause (IV) and by inserting after subclause (I) the
following new subclauses:
``(II) Indian area.--For purposes
of subclause (I), the term `Indian
area' means any Indian area (as defined
in section 4(11) of the Native American
Housing Assistance and Self
Determination Act of 1996 (25 U.S.C.
4103(11))).
``(III) Special rule for buildings
in indian areas.--In the case of an
area which is a difficult development
area solely because it is an Indian
area, a building shall not be treated
as located in such area unless such
building is assisted or financed under
the Native American Housing Assistance
and Self Determination Act of 1996 (25
U.S.C. 4101 et seq.) or the project
sponsor is an Indian tribe (as defined
in section 45A(c)(6)), a tribally
designated housing entity (as defined
in section 4(22) of such Act (25 U.S.C.
4103(22))), or wholly owned or
controlled by such an Indian tribe or
tribally designated housing entity.''.
(c) Effective Date.--The amendments made by this section shall
apply to buildings placed in service after December 31, 2023.
SEC. 205. INCLUSION OF RURAL AREAS AS DIFFICULT DEVELOPMENT AREAS.
(a) In General.--Subclause (I) of section 42(d)(5)(B)(iii) of the
Internal Revenue Code of 1986, as amended by section 204, is further
amended by inserting ``, any rural area'' after ``median gross
income''.
(b) Rural Area.--Clause (iii) of section 42(d)(5)(B) of the
Internal Revenue Code of 1986, as amended by section 204, is further
amended by redesignating subclause (IV) as subclause (V) and by
inserting after subclause (III) the following new subclause:
``(IV) Rural area.--For purposes of
subclause (I), the term `rural area'
means any non-metropolitan area, or any
rural area as defined by section 520 of
the Housing Act of 1949, which is
identified by the qualified allocation
plan under subsection (m)(1)(B).''.
(c) Effective Date.--The amendments made by this section shall
apply to buildings placed in service after December 31, 2023.
SEC. 206. INCREASE IN CREDIT FOR BOND-FINANCED PROJECTS DESIGNATED BY
HOUSING CREDIT AGENCY.
(a) In General.--Clause (v) of section 42(d)(5)(B) of the Internal
Revenue Code of 1986 is amended by striking the second sentence.
(b) Technical Amendments.--Clause (v) of section 42(d)(5)(B) of the
Internal Revenue Code of 1986, as amended by subsection (a), is further
amended--
(1) by striking ``State'' in the heading; and
(2) by striking ``State housing credit agency'' and
inserting ``housing credit agency''.
(c) Effective Date.--
(1) In general.--The amendment made by subsection (a) shall
apply to a building if--
(A) any portion of such building is financed by an
obligation described in paragraph (2), or
(B) the land on which the building is located is
financed by an obligation described in paragraph (2).
(2) Obligation described.--An obligation is described in
this paragraph if such obligation--
(A) is described in section 42(h)(4)(A) of the
Internal Revenue Code of 1986, and
(B) is issued after December 31, 2023.
SEC. 207. REPEAL OF QUALIFIED CONTRACT OPTION.
(a) Termination of Option for Certain Buildings.--
(1) In general.--Subclause (II) of section 42(h)(7)(E)(i)
of the Internal Revenue Code of 1986, as redesignated by
section 203, is amended by inserting ``in the case of a
building described in clause (iii),'' before ``on the last
day''.
(2) Buildings described.--Subparagraph (E) of section
42(h)(7) of such Code, as so redesignated, is amended by adding
at the end the following new clause:
``(iii) Buildings described.--A building
described in this clause is a building--
``(I) which received its allocation
of housing credit dollar amount before
January 1, 2024, or
``(II) in the case of a building
any portion of which is financed as
described in paragraph (4), and which
received before January 1, 2024, under
the rules of paragraphs (1) and (2) of
subsection (m), a determination from
the issuer of the tax-exempt bonds or
the housing credit agency that the
building would be eligible under the
qualified allocation plan to receive an
allocation of housing credit dollar
amount or that the credits to be earned
are necessary for financial feasibility
of the project and its viability as a
qualified low-income housing project
throughout the credit period.''.
(b) Rules Relating to Existing Projects.--Subparagraph (F) of
section 42(h)(7) of the Internal Revenue Code of 1986, as redesignated
by section 203, is amended by striking ``the nonlow-income portion''
and all that follows and inserting ``the nonlow-income portion and the
low-income portion of the building for fair market value (determined by
the housing credit agency by taking into account the rent restrictions
required for the low-income portion of the building to continue to meet
the standards of paragraphs (1) and (2) of subsection (g)). The
Secretary shall prescribe such regulations as may be necessary or
appropriate to carry out this paragraph.''.
(c) Conforming Amendments.--
(1) Paragraph (7) of section 42(h) of the Internal Revenue
Code of 1986, as redesignated by section 203, is amended by
striking subparagraph (G) and by redesignating subparagraphs
(H), (I), (J), and (K) as subparagraphs (G), (H), (I), and (J),
respectively.
(2) Subclause (II) of section 42(h)(7)(E)(i) of such Code,
as so redesignated and as amended by subsection (a), is further
amended by striking ``subparagraph (I)'' and inserting
``subparagraph (H)''.
(d) Technical Amendment.--Subparagraph (I) of section 42(h)(7) of
the Internal Revenue Code of 1986, as redesignated by section 203 and
subsection (c), is amended by striking ``agreement'' and inserting
``commitment''.
(e) Effective Dates.--
(1) In general.--Except as provided in paragraph (2), the
amendments made by this section shall take effect on the date
of the enactment of this Act.
(2) Subsection (b).--The amendments made by subsection (b)
shall apply to buildings with respect to which a written
request described in section 42(h)(7)(H) of the Internal
Revenue Code of 1986, as redesignated by section 203 and
subsection (c), is submitted after the date of the enactment of
this Act.
SEC. 208. MODIFICATION AND CLARIFICATION OF RIGHTS RELATING TO BUILDING
PURCHASE.
(a) Modification of Right of First Refusal.--
(1) In general.--Subparagraph (A) of section 42(i)(7) of
the Internal Revenue Code of 1986 is amended by striking ``a
right of 1st refusal'' and inserting ``an option''.
(2) Conforming amendment.--The heading of paragraph (7) of
section 42(i) of such Code is amended by striking ``right of
1st refusal'' and inserting ``option''.
(b) Clarification With Respect to Right of First Refusal and
Purchase Options.--
(1) Purchase of partnership interest.--
(A) In general.--Subparagraph (A) of section
42(i)(7) of the Internal Revenue Code of 1986, as
amended by subsection (a), is amended by striking ``the
property'' and inserting ``the property or all of the
partnership interests (other than interests of the
person exercising such option or a related party
thereto (within the meaning of section 267(b) or
707(b)(1))) relating to the property''.
(B) Application to S corporations and other pass-
through entities.--Subparagraph (A) of section 42(i)(7)
of such Code is amended by adding at the end the
following: ``Except as provided by the Secretary, the
rules of this paragraph shall apply to S corporations
and other pass-through entities in the same manner as
such rules apply to partnerships.''.
(C) Conforming amendment.--Subparagraph (B) of
section 42(i)(7) of such Code is amended by adding at
the end the following: ``In the case of a purchase of
all of the partnership interests, the minimum purchase
price under this subparagraph shall be an amount not
less than the sum of the interests' shares of the
amount which would be determined with respect to the
property under this subparagraph without regard to this
sentence.''.
(2) Property includes assets relating to the building.--
Paragraph (7) of section 42(i) of such Code is amended by
adding at the end the following new subparagraph:
``(C) Property.--For purposes of subparagraph (A),
the term `property' may include all or any of the
assets held for the development, operation, or
maintenance of a building.''.
(3) Exercise of right of first refusal and purchase
options.--Subparagraph (A) of section 42(i)(7) of such Code, as
amended by subsection (a) and paragraph (1)(A), is amended by
adding at the end the following: ``For purposes of determining
whether an option, including a right of first refusal, to
purchase property or all of the partnership interests holding
(directly or indirectly) such property is described in the
preceding sentence--
``(i) such option or right of first refusal
shall be exercisable with or without the
approval of any owner of the project (including
any partner, member, or affiliated organization
of such an owner), and
``(ii) a right of first refusal shall be
exercisable in response to any offer to
purchase the property or all of the partnership
interests, including an offer by a related
party.''.
(c) Other Conforming Amendment.--Subparagraph (B) of section
42(i)(7) of the Internal Revenue Code of 1986, as amended by subsection
(b), is amended by striking ``the sum of'' and all that follows through
``application of clause (ii).'' and inserting the following: ``the
principal amount of outstanding indebtedness secured by the building
(other than indebtedness incurred within the 5-year period ending on
the date of the sale to the tenants).''.
(d) Effective Dates.--
(1) Modification of right of first refusal.--The amendments
made by subsections (a) and (c) shall apply to agreements
entered into or amended after the date of the enactment of this
Act.
(2) Clarification.--The amendments made by subsection (b)
shall apply to agreements among the owners of the project
(including partners, members, and their affiliated
organizations) and persons described in section 42(i)(7)(A) of
the Internal Revenue Code of 1986 entered into before, on, or
after the date of the enactment of this Act.
(3) No effect on agreements.--None of the amendments made
by this section is intended to supersede express language in
any agreement with respect to the terms of a right of first
refusal or option permitted by section 42(i)(7) of the Internal
Revenue Code of 1986 in effect on the date of the enactment of
this Act.
SEC. 209. PROHIBITION OF LOCAL APPROVAL AND CONTRIBUTION REQUIREMENTS.
(a) In General.--Paragraph (1) of section 42(m) of the Internal
Revenue Code of 1986 is amended--
(1) by striking clause (ii) of subparagraph (A) and by
redesignating clauses (iii) and (iv) thereof as clauses (ii)
and (iii), respectively; and
(2) by adding at the end the following new subparagraph:
``(E) Local approval or contribution not taken into
account.--The selection criteria under a qualified
allocation plan shall not include consideration of--
``(i) any support or opposition with
respect to the project from local or elected
officials, or
``(ii) any local government contribution to
the project, except to the extent such
contribution is taken into account as part of a
broader consideration of the project's ability
to leverage outside funding sources, and is not
prioritized over any other source of outside
funding.''.
(b) Effective Date.--The amendments made by this section shall
apply to allocations of housing credit dollar amounts made after
December 31, 2023.
SEC. 210. INCREASE IN CREDIT FOR LOW-INCOME HOUSING SUPPORTIVE
SERVICES.
(a) In General.--Paragraph (5) of section 42(d) of the Internal
Revenue Code of 1986, as amended by section 203, is further amended by
adding at the end the following new subparagraphs:
``(D) Increase in credit for providing supportive
services.--
``(i) In general.--In the case of any
building which includes common areas, or
property used therein, dedicated to the
provision of on-site qualified supportive
services, except as provided in subparagraphs
(E) and (F), the eligible basis of the portion
of the building which is comprised of such
areas or property (after the application of
subparagraphs (A) and (B)) shall be increased
by an amount equal to 50 percent of such basis
determined without regard to this subparagraph
and subparagraphs (B) and (C).
``(ii) Qualified supportive services.--For
purposes of clause (i), the term `qualified
supportive services' means services--
``(I) provided by the owner of a
building (directly or through contracts
with third-party service providers)
primarily to tenants of the building,
``(II) which are intended to
promote economic self-sufficiency and
physical and mental health and well-
being in pursuit of retaining permanent
housing, including childcare or
eldercare services, health services,
coordination of tenant benefits, job
training, financial counseling,
resident engagement services, or such
other similar services as may be
defined by the allocating agency in the
qualified allocation plan,
``(III) which are provided to
tenants and other beneficiaries as may
be specified by the housing credit
agency, including specifications as to
which services may be provided to non-
tenants,
``(IV) which are provided at no
cost to beneficiaries other than any
fee, copay, or coinsurance customarily
charged by service providers for
similar services, and
``(V) usage of or participation in
which is not a condition of tenancy in
the building.
Such term includes reasonable and necessary
measures for the provision of such services,
including measures to engage tenants and other
beneficiaries in and coordinate such services,
and measures required to obtain the
certification described in subparagraph
(E)(ii)(III).
``(E) Extended supportive services commitment.--
``(i) In general.--Subparagraph (D)(i)
shall not apply to a building for any taxable
year unless an extended supportive services
commitment is in effect for such taxable year.
``(ii) Extended supportive services
commitment.--The term `extended supportive
services commitment' means any agreement
between the owner of a building and the housing
credit agency which--
``(I) provides estimates of the
amounts to be spent, updated at least
once every 5 years, on the provision of
qualified supportive services to
tenants of such building and other
beneficiaries for each taxable year
remaining in the credit period,
``(II) requires the designation of
one or more individuals to engage
tenants regarding, and coordinate
delivery of, qualified supportive
services,
``(III) requires the maintenance of
an appropriate certification, as
determined by the Secretary in
consultation with the housing credit
agencies, for qualified supportive
services, subject to recertification at
least once every 5 years,
``(IV) requires appropriate annual
reporting to the housing credit agency
on expenditures and outcomes, as
determined by such agency, and
``(V) is binding on all successors
in ownership of such building.
``(iii) Exceptions if foreclosure or if no
buyer willing to maintain services.--The
requirement of clause (ii)(V) for any building
shall terminate on the date the building is
acquired by foreclosure (or instrument in lieu
of foreclosure) unless the housing credit
agency determines that such acquisition is part
of an arrangement with the taxpayer a purpose
of which is to terminate such requirement.
``(iv) Effect of noncompliance.--If, during
a taxable year, there is a determination by the
housing credit agency that an extended
supportive services commitment was not in
effect as of the beginning of such year or that
there is evidence of other noncompliance as
determined by the housing credit agency
(including failure to provide qualified
supportive services)--
``(I) such determination shall not
apply to any period before such year
and subparagraph (D)(i) shall apply to
such taxable year without regard to
such determination if the failure is
corrected within 1 year from the date
of the determination, and
``(II) in the case of any year to
which such determination does apply, if
the failure is not corrected within 1
year from the date of the
determination, the credit recapture
amount under subsection (j)(1) for the
year in which such 1 year period
expires shall be increased by the
amount of any increase in the credit
under this section by reason of
subparagraph (D)(i) for the year to
which the determination applies.
``(v) Projects which consist of more than 1
building.--Rules similar to the rules of
subsection (h)(7)(J) shall apply.
``(F) Responsibilities of housing credit agency.--
Subparagraph (D)(i) shall not apply to a building for
any taxable year unless--
``(i) the housing credit agency sets forth
criteria--
``(I) to determine appropriate,
evidence-based supportive services,
``(II) for the selection of
appropriate and competent service
providers, and
``(III) which common areas or
property described in subparagraph
(D)(i) shall meet in order to qualify
for the increase in credit under
subparagraph (D),
``(ii) the housing credit agency provides a
procedure that the agency (or an agent or other
private contractor of such agency) shall follow
in monitoring for noncompliance with the
provisions of this subparagraph and
subparagraphs (D) and (E) and in reporting such
noncompliance to the Secretary, and
``(iii) appropriate books and records for
expenditures with respect to the qualified
supportive services are maintained on an annual
basis, and are available for inspection upon
request by the housing credit agency.''.
(b) Effective Date.--The amendment made by this section shall apply
to buildings which receive allocations of housing credit dollar amount
or, in the case of projects financed by tax-exempt obligations as
described in section 42(h)(4) of the Internal Revenue Code of 1986,
which are first taken into account under section 146 of such Code,
after the date of the enactment of this Act.
SEC. 211. STUDY OF TAX INCENTIVES FOR THE CONVERSION OF COMMERCIAL
PROPERTY TO AFFORDABLE HOUSING.
Within 6 months of the date of the enactment of this Act, the
Secretary of the Treasury, the Secretary of Housing and Urban
Development, the Deputy Under Secretary for Rural Development of the
Department of Agriculture, and the Director of the Office of Management
and Budget shall collaborate to produce a cost-benefit analysis of
providing tax incentives, including the non-recognition of capital
gains, to the owners of vacant or under-utilized commercial real estate
in exchange for selling these properties to State, local, or tribal
housing finance agencies for conversion to affordable rental housing
for low-income residents, including shelters for the homeless.
SEC. 212. RENTERS CREDIT.
(a) In General.--Subpart C of part IV of subchapter A of chapter 1
of the Internal Revenue Code of 1986 is amended by inserting after
section 36B the following new section:
``SEC. 36C. RENTERS CREDIT.
``(a) Allowance of Credit.--
``(1) In general.--There shall be allowed as a credit
against the tax imposed by this subtitle for any taxable year
an amount equal to the sum of the amounts determined under
paragraph (2) for all qualified buildings with a credit period
which includes months occurring during the taxable year.
``(2) Qualified building amount.--The amount determined
under this paragraph with respect to any qualified building for
any taxable year shall be an amount equal to the lesser of--
``(A) the aggregate qualified rental reduction
amounts for all eligible units within such building for
months occurring during the taxable year which are
within the credit period for such building, or
``(B) the rental reduction credit amount allocated
to such building for such months.
``(3) Qualified building.--For purposes of this section--
``(A) In general.--The term `qualified building'
means any building which is residential rental property
(as defined in section 168(e)(2)(A)) of the taxpayer
with respect to which--
``(i) a rental reduction credit amount has
been allocated by a rental reduction credit
agency of a State, and
``(ii) a qualified rental reduction
agreement is in effect.
``(B) Building not disqualified by other
assistance.--A building shall not fail to be treated as
a qualified building merely because--
``(i) a credit was allowed under section 42
with respect to such building or there was any
other Federal assistance in the construction or
rehabilitation of such building,
``(ii) the rehabilitation credit determined
under section 47 was allowed under section 38
with respect to such building, or
``(iii) Federal rental assistance was
provided for such building during any period
preceding the credit period.
``(b) Qualified Rental Reduction Amount.--For purposes of this
section--
``(1) In general.--The term `qualified rental reduction
amount' means, with respect to any eligible unit for any month,
an amount equal to the applicable percentage (as determined
under subsection (e)(1)) of the excess of--
``(A) the applicable rent for such unit, over
``(B) the family rental payment required for such
unit.
``(2) Applicable rent.--
``(A) In general.--The term `applicable rent'
means, with respect to any eligible unit for any month,
the lesser of--
``(i) the amount of rent which would be
charged for a substantially similar unit with
the same number of bedrooms in the same
building which is not an eligible unit, or
``(ii) an amount equal to the market rent
standard for such unit.
``(B) Market rent standard.--
``(i) In general.--The market rent standard
with respect to any eligible unit is--
``(I) the small area fair market
rent determined by the Secretary of
Housing and Urban Development for units
with the same number of bedrooms in the
same zip code tabulation area, or
``(II) if there is no rent
described in subclause (I) for such
area, the fair market rent determined
by such Secretary for units with the
same number of bedrooms in the same
county.
``(ii) State option.--A State may in its
rental reduction allocation plan provide that
the market rent standard for all (or any part)
of a zip code tabulation area or county within
the State shall be equal to a percentage (not
less than 75 nor more than 125) of the amount
determined under clause (i) (after application
of clause (iii)) for such area or county.
``(iii) Minimum amount.--Notwithstanding
clause (i), the market rent standard with
respect to any eligible unit for any year in
the credit period after the first year in the
credit period for such unit shall not be less
than the market rent standard determined for
such first year.
``(3) Family rental payment requirements.--
``(A) In general.--Each qualified rental reduction
agreement with respect to any qualified building shall
require that the family rental payment for an eligible
unit within such building for any month shall be equal
to the lesser of--
``(i) 30 percent of the monthly family
income of the residents of the unit (as
determined under subsection (e)(5)), or
``(ii) the applicable rent for such unit.
``(B) Utility costs.--Any utility allowance
(determined by the Secretary in the same manner as
under section 42(g)(2)(B)(ii)) paid by residents of an
eligible unit shall be taken into account as rent in
determining the family rental payment for such unit for
purposes of this paragraph.
``(c) Rental Reduction Credit Amount.--For purposes of this
section--
``(1) Determination of amount.--
``(A) In general.--The term `rental reduction
credit amount' means, with respect to any qualified
building, the dollar amount which is allocated to such
building (and to eligible units within such building)
under this subsection. Such dollar amount shall be
allocated to months in the credit period with respect
to such building (and such units) on the basis of the
estimates described in paragraph (2)(B).
``(B) Allocation on project basis.--In the case of
a project which includes (or will include) more than 1
building, the rental reduction credit amount shall be
the dollar amount which is allocated to such project
for all buildings included in such project. Subject to
the limitation under subsection (e)(3)(B), such amount
shall be allocated among such buildings in the manner
specified by the taxpayer unless the qualified rental
reduction agreement with respect to such project
provides for such allocation.
``(2) State allocation.--
``(A) In general.--Except as provided in
subparagraph (C), each rental reduction credit agency
of a State shall each calendar year allocate its
portion of the State rental reduction credit ceiling to
qualified buildings (and to eligible units within each
such building) in accordance with the State rental
reduction allocation plan.
``(B) Allocations to each building.--The rental
reduction credit amount allocated to any qualified
building shall not exceed the aggregate qualified
rental reduction amounts which such agency estimates
will occur over the credit period for eligible units
within such building, based on reasonable estimates of
rents, family incomes, and vacancies in accordance with
procedures established by the State as part of its
State rental reduction allocation plan.
``(C) Specific allocations.--
``(i) Nonprofit organizations.--At least 25
percent of the State rental reduction credit
ceiling for any State for any calendar year
shall be allocated to qualified buildings in
which a qualified nonprofit organization (as
defined in section 42(h)(5)(C)) owns (directly
or through 1 or more partnerships) an interest
and materially participates (within the meaning
of section 469(h)) in the operation of the
building throughout the credit period. A State
may waive or lower the requirement under this
clause for any calendar year if it determines
that meeting such requirement is not feasible.
``(ii) Rural areas.--
``(I) In general.--The State rental
reduction credit ceiling for any State
for any calendar year shall be
allocated to buildings in rural areas
(as defined in section 520 of the
Housing Act of 1949) in an amount
which, as determined by the Secretary
of Housing and Urban Development, bears
the same ratio to such ceiling as the
number of extremely low-income
households with severe rent burdens in
such rural areas bears to the total
number of such households in the State.
``(II) Alternative 5-year testing
period.--In the case of the 5-calendar
year period beginning in 2023, a State
shall not be treated as failing to meet
the requirements of subclause (I) for
any calendar year in such period if, as
determined by the Secretary, the
average annual amount allocated to such
rural areas during such period meets
such requirements.
``(3) Application of allocated credit amount.--
``(A) Amount available to taxpayer for all months
in credit period.--Any rental reduction credit amount
allocated to any qualified building out of the State
rental reduction credit ceiling for any calendar year
shall apply to such building for all months in the
credit period ending during or after such calendar
year.
``(B) Ceiling for allocation year reduced by entire
credit amount.--Any rental reduction credit amount
allocated to any qualified building out of an
allocating agency's State rental reduction credit
ceiling for any calendar year shall reduce such ceiling
for such calendar year by the entire amount so
allocated for all months in the credit period (as
determined on the basis of the estimates under
paragraph (2)(B)) and no reduction shall be made in
such agency's State rental reduction credit ceiling for
any subsequent calendar year by reason of such
allocation.
``(4) State rental reduction credit ceiling.--
``(A) In general.--The State rental reduction
credit ceiling applicable to any State for any calendar
year shall be an amount equal to the sum of--
``(i) the greater of--
``(I) the per capita dollar amount
multiplied by the State population, or
``(II) the minimum ceiling amount,
plus
``(ii) the amount of the State rental
reduction credit ceiling returned in the
calendar year.
``(B) Return of state ceiling amounts.--For
purposes of subparagraph (A)(ii), except as provided in
subsection (d)(2), the amount of the State rental
reduction credit ceiling returned in a calendar year
equals the amount of the rental reduction credit amount
allocated to any building which, after the close of the
calendar year for which the allocation is made--
``(i) is canceled by mutual consent of the
rental reduction credit agency and the taxpayer
because the estimates made under paragraph
(2)(B) were substantially incorrect, or
``(ii) is canceled by the rental reduction
credit agency because the taxpayer violates the
qualified rental reduction agreement and, under
the terms of the agreement, the rental
reduction credit agency is authorized to cancel
all (or any portion) of the allocation by
reason of the violation.
``(C) Per capita dollar amount; minimum ceiling
amount.--For purposes of this paragraph--
``(i) Per capita dollar amount.--The per
capita dollar amount is--
``(I) for calendar year 2023,
$12.30,
``(II) for calendar year 2024,
$24.50, and
``(III) for calendar years 2025 and
thereafter, $36.75.
``(ii) Minimum ceiling amount.--The minimum
ceiling amount is--
``(I) for calendar year 2023,
$14,000,000,
``(II) for calendar year 2024,
$28,000,000, and
``(III) for calendar years 2025 and
thereafter, $42,000,000.
``(iii) Cost-of-living adjustment.--In the
case of a calendar year beginning after 2025,
the $36.75 and $42,000,000 amounts in clauses
(i)(III) and (ii)(III) shall each 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 such calendar year by
substituting `calendar year 2024' for
`calendar year 2016' in subparagraph
(A)(ii) thereof.
In the case of the $42,000,000 amount, any
increase under this clause which is not a
multiple of $5,000 shall be rounded to the next
lowest multiple of $5,000 and in the case of
the $36.75 amount, any increase under this
clause which is not a multiple of 5 cents shall
be rounded to the next lowest multiple of 5
cents.
``(D) Population.--For purposes of this paragraph,
population shall be determined in accordance with
section 146(j).
``(E) Unused rental reduction credit allocated
among certain states.--
``(i) In general.--The unused rental
reduction credit of a State for any calendar
year shall be assigned to the Secretary for
allocation among qualified States for the
succeeding calendar year.
``(ii) Unused rental reduction credit.--For
purposes of this subparagraph, the unused
rental reduction credit of a State for any
calendar year is the excess (if any) of--
``(I) the State rental reduction
credit ceiling for the year preceding
such year, over
``(II) the aggregate rental
reduction credit amounts allocated for
such year.
``(iii) Formula for allocation of unused
credit among qualified states.--The amount
allocated under this subparagraph to a
qualified State for any calendar year shall be
the amount determined by the Secretary to bear
the same ratio to the aggregate unused rental
reduction credits of all States for the
preceding calendar year as such State's
population for the calendar year bears to the
population of all qualified States for the
calendar year. For purposes of the preceding
sentence, population shall be determined in
accordance with section 146(j).
``(iv) Qualified state.--For purposes of
this subparagraph, the term `qualified State'
means, with respect to a calendar year, any
State--
``(I) which allocated its entire
State rental reduction credit ceiling
for the preceding calendar year, and
``(II) for which a request is made
(at such time and in such manner as the
Secretary may prescribe) to receive an
allocation under clause (iii).
``(5) Other definitions.--For purposes of this section--
``(A) Rental reduction credit agency.--The term
`rental reduction credit agency' means any agency
authorized by a State to carry out this section. Such
authorization shall include the jurisdictions within
the State where the agency may allocate rental
reduction credit amounts.
``(B) Possessions treated as states.--The term
`State' includes a possession of the United States.
``(C) Family.--The term `family' has the same
meaning as when used in the United States Housing Act
of 1937.
``(d) Modifications To Correct Inaccurate Amounts Due to Incorrect
Estimates.--
``(1) Establishment of reserves.--
``(A) In general.--Each rental reduction credit
agency of a State shall establish a reserve for the
transfer and reallocation of amounts pursuant to this
paragraph, and notwithstanding any other provision of
this section, the rental reduction credit amount
allocated to any building by such agency shall be zero
unless such agency has in effect such a reserve at the
time of the allocation of such credit amount.
``(B) Transfers to reserve.--
``(i) In general.--If, for any taxable
year, a taxpayer would (but for this
subparagraph) not be able to use the entire
rental reduction credit amount allocated to a
qualified building by a rental reduction credit
agency of a State for the taxable year because
of a rental reduction shortfall, then the
taxpayer shall for the taxable year transfer to
the reserve established by such agency under
subparagraph (A) an amount equal to such rental
reduction shortfall.
``(ii) Rental reduction shortfall.--For
purposes of this subparagraph, the rental
reduction shortfall for any qualified building
for any taxable year is the amount by which the
aggregate amount of the excesses determined
under subsection (b)(1) for all eligible units
within such building are less than such
aggregate amount estimated under subsection
(c)(2)(B) for the taxable year.
``(iii) Treatment of transferred amount.--
For purposes of subsection (a)(2)(A), the
aggregate qualified rental reduction amounts
for all eligible units within a qualified
building with respect to which clause (i)
applies for any taxable year shall be increased
by an amount equal to the applicable percentage
(determined under subsection (e)(1) for the
building) of the amount of the transfer to the
reserve under clause (i) with respect to such
building for such taxable year.
``(C) Reallocation of amounts transferred.--
``(i) In general.--If, for any taxable
year--
``(I) the aggregate qualified
rental reduction amounts for all
eligible units within a qualified
building for the taxable year, exceed
``(II) the rental reduction credit
amount allocated to such building by a
rental reduction credit agency of a
State for the taxable year (determined
after any increase under paragraph
(2)),
the rental reduction credit agency shall, upon
application of the taxpayer, pay to the
taxpayer from the reserve established by such
agency under subparagraph (A) the amount which,
when multiplied by the applicable percentage
(determined under subsection (e)(1) for the
building), equals such excess. If the amount in
the reserve is less than the amounts requested
by all taxpayers for taxable years ending
within the same calendar year, the agency shall
ratably reduce the amount of each payment
otherwise required to be made.
``(ii) Excess reserve amounts.--If a rental
reduction credit agency of a State determines
that the balance in its reserve is in excess of
the amounts reasonably needed over the
following 5 calendar years to make payments
under clause (i), the agency may withdraw such
excess but only to--
``(I) reduce the rental payments of
eligible tenants in a qualified
building in units other than eligible
units, or of eligible tenants in units
in a building other than a qualified
building, to amounts no higher than the
sum of rental payments required for
eligible tenants in qualified buildings
under subsection (b)(3) and any rental
charges to such tenants in excess of
the market rent standard; or
``(II) address maintenance and
repair needs in qualified buildings
that cannot reasonably be met using
other resources available to the owners
of such buildings.
``(D) Administration.--Each rental reduction credit
agency of a State shall establish procedures for the
timing and manner of transfers and payments made under
this paragraph.
``(E) Special rule for projects.--In the case of a
rental reduction credit allocated to a project
consisting of more than 1 qualified building, a
taxpayer may elect to have this paragraph apply as if
all such buildings were 1 qualified building if the
applicable percentage for each such building is the
same.
``(F) Alternative methods of transfer and
reallocation.--Upon request to, and approval by, the
Secretary, a State may establish an alternative method
for the transfer and reallocation of amounts otherwise
required to be transferred to, and allocated from, a
reserve under this paragraph. Any State adopting an
alternative method under this subparagraph shall, at
such time and in such manner as the Secretary
prescribes, provide to the Secretary and the Secretary
of Housing and Urban Development detailed reports on
the operation of such method, including providing such
information as such Secretaries may require.
``(2) Allocation of returned state ceiling amounts.--In the
case of any rental reduction credit amount allocated to a
qualified building which is canceled as provided in subsection
(c)(4)(B)(i), the rental reduction credit agency may, in lieu
of treating such allocation as a returned credit amount under
subsection (c)(4)(A)(ii), elect to allocate, upon the request
of the taxpayer, such amount to any other qualified building
for which the credit amount allocated in any preceding calendar
year was too small because the estimates made under subsection
(c)(2)(B) were substantially incorrect.
``(3) Renting to noneligible tenants.--If, after the
application of paragraphs (1)(C) (or any similar reallocation
under paragraph (1)(F)) and (2), a rental reduction credit
agency of a State determines that, because of the incorrect
estimates under subsection (c)(2)(B), the aggregate qualified
rental reduction amounts for all eligible units within a
qualified building will (on an ongoing basis) exceed the rental
reduction credit amount allocated to such building, a taxpayer
may elect, subject to subsection (g)(2) and only to the extent
necessary to eliminate such excess, rent vacant eligible units
without regard to the requirements that such units be rented
only to eligible tenants and at the rental rate determined
under subsection (b)(3).
``(e) Terms Relating to Rental Reduction Credit and Requirements.--
For purposes of this section--
``(1) Applicable percentage.--
``(A) In general.--The term `applicable percentage'
means, with respect to any qualified building, the
percentage (not greater than 110 percent) set by the
rental reduction credit agency at the time it allocates
the rental reduction dollar amount to such building.
``(B) Higher percentage for high-opportunity
areas.--The rental reduction credit agency may set a
percentage under subparagraph (A) up to 120 percent for
any qualified building which--
``(i) targets its eligible units for rental
to families with children, and
``(ii) is located in a neighborhood which
has a poverty rate of no more than 10 percent.
``(2) Credit period.--
``(A) In general.--The term `credit period' means,
with respect to any qualified building, the 15-year
period beginning with the first month for which the
qualified rental reduction agreement is in effect with
respect to such building.
``(B) State option to reduce period.--A rental
reduction credit agency may provide a credit period for
any qualified building which is less than 15 years.
``(3) Eligible unit.--
``(A) In general.--The term `eligible unit' means,
with respect to any qualified building, a unit--
``(i) which is occupied by an eligible
tenant,
``(ii) the rent of which for any month
equals 30 percent of the monthly family income
of the residents of such unit (as determined
under paragraph (5)),
``(iii) with respect to which the tenant is
not concurrently receiving rental assistance
under any other Federal program, and
``(iv) which is certified to the rental
reduction credit agency as an eligible unit for
purposes of this section and the qualified
rental reduction agreement.
Notwithstanding clause (iii), a State may provide in
its State rental reduction allocation plan that an
eligible unit shall also not include a unit with
respect to which any resident is receiving rental
assistance under a State or local program.
``(B) Limitation on number of units.--
``(i) In general.--The number of units
which may be certified as eligible units with
respect to any qualified building under
subparagraph (A)(iv) at any time shall not
exceed the greater of--
``(I) 40 percent of the total units
in such building, or
``(II) 25 units.
In the case of an allocation to a project under
subsection (c)(1)(B), the limitation under the
preceding sentence shall be applied on a
project basis and the certification of such
eligible units shall be allocated to each
building in the project, except that if
buildings in such project are on non-contiguous
tracts of land, buildings on each such tract
shall be treated as a separate project for
purposes of applying this sentence.
``(ii) Buildings receiving previous federal
rental assistance.--If, at any time prior to
the entering into of a qualified rental
reduction agreement with respect to a qualified
building, tenants in units within such building
had been receiving project-based rental
assistance under any other Federal program,
then, notwithstanding clause (i), the maximum
number of units which may be certified as
eligible units with respect to the building
under subparagraph (A)(iv) shall not be less
than the sum of--
``(I) the maximum number of units
in the building previously receiving
such assistance at any time before the
agreement takes effect, plus
``(II) the amount determined under
clause (i) without taking into account
the units described in subclause (I).
``(4) Eligible tenant.--
``(A) In general.--The term `eligible tenant' means
any individual if the individual's family income does
not exceed the greater of--
``(i) 30 percent of the area median gross
income (as determined under section 42(g)(1)),
or
``(ii) the applicable poverty line for a
family of the size involved.
``(B) Treatment of individuals whose incomes rise
above limit.--
``(i) In general.--Notwithstanding an
increase in the family income of residents of a
unit above the income limitation applicable
under subparagraph (A), such residents shall
continue to be treated as eligible tenants if
the family income of such residents initially
met such income limitation and such unit
continues to be certified as an eligible unit
under this section.
``(ii) No rental reduction for at least 2
years.--A qualified rental reduction agreement
with respect to a qualified building shall
provide that if, by reason of an increase in
family income described in clause (i), there is
no qualified rental reduction amount with
respect to the dwelling unit for 2 consecutive
years, the taxpayer shall rent the next
available unit to an eligible tenant (without
regard to whether such unit is an eligible unit
under this section).
``(C) Applicable poverty line.--The term
`applicable poverty line' means the most recently
published poverty line (within the meaning of section
2110(c)(5) of the Social Security Act (42 U.S.C.
1397jj(c)(5))) as of the time of the determination as
to whether an individual is an eligible tenant.
``(5) Family income.--
``(A) In general.--Family income shall be
determined in the same manner as under section 8 of the
United States Housing Act of 1937.
``(B) Time for determining income.--
``(i) In general.--Except as provided in
this subparagraph, family income shall be
determined at least annually on the basis of
income for the preceding calendar year.
``(ii) Families on fixed income.--If at
least 90 percent of the family income of the
residents of a unit at the time of any
determination under clause (i) is derived from
payments under title II or XVI of the Social
Security Act (or any similar fixed income
amounts specified by the Secretary), the
taxpayer may elect to treat such payments (or
amounts) as the family income of such residents
for the year of the determination and the 2
succeeding years, except that the taxpayer
shall, in such manner as the Secretary may
prescribe, adjust such amount for increases in
the cost of living.
``(iii) Initial income.--The Secretary may
allow a State to provide that the family income
of residents at the time such residents first
rent a unit in a qualified building may be
determined on the basis of current or
anticipated income.
``(iv) Special rules where family income is
reduced.--If residents of a unit establish (in
such manner as the rental reduction credit
agency provides) that their family income has
been reduced by at least 10 percent below such
income for the determination year--
``(I) such residents may elect, at
such time and in such manner as such
agency may prescribe, to have their
family income redetermined, and
``(II) clause (ii) shall not apply
to any of the 2 succeeding years
described in such clause which are
specified in the election.
``(f) State Rental Reduction Allocation Plan.--
``(1) Adoption of plan required.--
``(A) In general.--For purposes of this section--
``(i) each State shall, before the
allocation of its State rental reduction credit
ceiling, establish and have in effect a State
rental reduction allocation plan, and
``(ii) notwithstanding any other provision
of this section, the rental reduction credit
amount allocated to any building shall be zero
unless such amount was allocated pursuant to a
State rental reduction allocation plan.
Such plan shall only be adopted after such plan is made
public and at least 60 days has been allowed for public
comment.
``(B) State rental reduction allocation plan.--For
purposes of this section, the term `State rental
reduction allocation plan' means, with respect to any
State, any plan of the State meeting the requirements
of paragraphs (2) and (3).
``(2) General plan requirements.--A plan shall meet the
requirements of this paragraph only if--
``(A) the plan sets forth the criteria and
priorities which a rental reduction credit agency of
the State shall use in allocating the State rental
reduction credit ceiling to eligible units within a
building,
``(B) the plan provides that no credit allocation
shall be made which is not in accordance with the
criteria and priorities set forth under subparagraph
(A) unless such agency provides a written explanation
to the general public for any credit allocation which
is not so made and the reasons why such allocation is
necessary, and
``(C) the plan provides that such agency is
required to prioritize the renewal of existing credit
allocations at the time of the expiration of the
qualified rental reduction agreement with respect to
the allocation, including, where appropriate, a
commitment within a qualified rental reduction
agreement that the credit allocation will be renewed if
the terms of the agreement have been met and sufficient
new credit authority is available.
``(3) Specific requirements.--A plan shall meet the
requirements of this paragraph only if--
``(A) the plan provides methods for determining--
``(i) the amount of rent which would be
charged for a substantially similar unit in the
same building which is not an eligible unit for
purposes of subsection (b)(2)(A)(i), including
whether such determination may be made by self-
certification or by undertaking rent
reasonableness assessments similar to
assessments required under section 8(o)(10) of
the United States Housing Act of 1937 (42
U.S.C. 1437f(o)(10)),
``(ii) the qualified rental reduction
amounts under subsection (c)(2)(B), and
``(iii) the applicable percentage under
subsection (e)(1),
``(B) the plan provides a procedure that the rental
reduction credit agency (or an agent or other private
contractor of such agency) will follow in monitoring
for--
``(i) noncompliance with the provisions of
this section and the qualified rental reduction
agreement and in notifying the Internal Revenue
Service of any such noncompliance of which such
agency becomes aware, and
``(ii) noncompliance with habitability
standards through regular site visits,
``(C) the plan requires a person receiving a credit
allocation to report to the rental reduction credit
agency such information as is necessary to ensure
compliance with the provisions of this section and the
qualified rental reduction agreement, and
``(D) the plan provides methods by which any excess
reserve amounts which become available under subsection
(d)(1)(C)(ii) will be used to reduce rental payments of
eligible tenants or to address maintenance and repair
needs in qualified buildings, including how such
assistance will be allocated among eligible tenants and
qualified buildings.
``(g) Qualified Rental Reduction Agreement.--For purposes of this
section--
``(1) In general.--The term `qualified rental reduction
agreement' means, with respect to any building which is
residential rental property (as defined in section
168(e)(2)(A)), a written, binding agreement between a rental
reduction credit agency and the taxpayer which specifies--
``(A) the number of eligible units within such
building for which a rental reduction credit amount is
being allocated,
``(B) the credit period for such building,
``(C) the rental reduction credit amount allocated
to such building (and dwelling units within such
building) and the portion of such amount allocated to
each month within the credit period under subsection
(c)(2)(B),
``(D) the applicable percentage to be used in
computing the qualified rental reduction amounts with
respect to the building,
``(E) the method for determining the amount of rent
which may be charged for eligible units within the
building, and
``(F) whether--
``(i) the agency commits to entering into a
new agreement with the taxpayer if the terms of
the agreement have been met and sufficient new
credit authority is available for such new
agreement, and
``(ii) the taxpayer is required to accept
such new agreement.
``(2) Tenant protections.--A qualified rental reduction
agreement shall provide the following:
``(A) Non-displacement of non-eligible tenants.--A
taxpayer receiving a rental reduction credit amount may
not refuse to renew the lease of or evict (other than
for good cause) a tenant of a unit who is not an
eligible tenant at any time during the credit period
and such unit shall not be treated as an eligible unit
while such tenant resides there.
``(B) Only good cause evictions of eligible
tenants.--A taxpayer receiving a rental reduction
credit amount may not refuse to renew the lease of or
evict (other than for good cause) an eligible tenant of
an eligible unit.
``(C) Mobility.--A taxpayer receiving a rental
reduction credit amount shall--
``(i) give priority to rent any available
unit of suitable size to tenants who are
eligible tenants who are moving from another
qualified building where such tenants had lived
at least 1 year and were in good standing, and
``(ii) inform eligible tenants within the
building of their right to move after 1 year
and provide a list maintained by the State of
qualified buildings where such tenants might
move.
``(iii) Fair housing and civil rights.--If
a taxpayer receives a rental reduction credit
amount--
``(I) such taxpayer shall comply
with the Fair Housing Act with respect
to the building, and
``(II) the receipt of such amount
shall be treated as the receipt of
Federal financial assistance for
purposes of applying any Federal civil
rights laws.
``(iv) Admissions preferences.--A taxpayer
receiving a rental reduction credit amount
shall comply with any admissions preferences
established by the State for tenants within
particular demographic groups eligible for
health or social services.
``(3) Compliance requirements.--A qualified rental
reduction agreement shall provide that a taxpayer receiving a
rental reduction credit amount shall comply with all reporting
and other procedures established by the State to ensure
compliance with this section and such agreement.
``(4) Projects.--In the case of a rental reduction credit
allocated to a project consisting of more than 1 building, the
rental reduction credit agency may provide for a single
qualified rental reduction agreement which applies to all
buildings which are part of such project.
``(h) Certifications and Other Reports to Secretary.--
``(1) Certification with respect to 1st year of credit
period.--Following the close of the 1st taxable year in the
credit period with respect to any qualified building, the
taxpayer shall certify to the Secretary (at such time and in
such form and in such manner as the Secretary prescribes)--
``(A) the information described in subsection
(g)(1) required to be contained in the qualified rental
reduction agreement with respect to the building, and
``(B) such other information as the Secretary may
require.
In the case of a failure to make the certification required by
the preceding sentence on the date prescribed therefor, unless
it is shown that such failure is due to reasonable cause and
not to willful neglect, no credit shall be allowable by reason
of subsection (a) with respect to such building for any taxable
year ending before such certification is made.
``(2) Annual reports to the secretary.--The Secretary may
require taxpayers to submit an information return (at such time
and in such form and manner as the Secretary prescribes) for
each taxable year setting forth--
``(A) the information described in paragraph (1)(A)
for the taxable year, and
``(B) such other information as the Secretary may
require.
The penalty under section 6652(j) shall apply to any failure to
submit the return required by the Secretary under the preceding
sentence on the date prescribed therefor.
``(3) Annual reports from rental reduction credit agency.--
``(A) Reports.--Each rental reduction credit agency
which allocates any rental reduction credit amount to 1
or more buildings for any calendar year shall submit to
the Secretary (at such time and in such manner as the
Secretary shall prescribe) an annual report
specifying--
``(i) the amount of rental reduction credit
amounts allocated to each such building for
such year,
``(ii) sufficient information to identify
each such building and the taxpayer with
respect thereto,
``(iii) information as to the demographic
and income characteristics of eligible tenants
of all such buildings to which such amounts
were allocated, and
``(iv) such other information as the
Secretary may require.
``(B) Penalty.--The penalty under section 6652(j)
shall apply to any failure to submit the report
required by subparagraph (A) on the date prescribed
therefor.
``(C) Information made public.--The Secretary
shall, in consultation with Secretary of Housing and
Urban Development, make information reported under this
paragraph for each qualified building available to the
public annually to the greatest degree possible without
disclosing personal information about individual
tenants.
``(i) Special Rule for Payments to Partnerships and S
Corporations.--For purposes of this subtitle, in the case of any
qualified building directly held by any partnership or S corporation,
the payment under section 6434 shall be made in lieu of the credit
determined under this section with respect to such building.
``(j) Regulations and Guidance.--The Secretary shall prescribe such
regulations or guidance as may be necessary to carry out the purposes
of this section, including--
``(1) providing necessary forms and instructions, and
``(2) providing for proper treatment of projects for which
a credit is allowed both under this section and section 42.''.
(b) Payment to Partnerships and S Corporations in Lieu of Credit.--
(1) In general.--Subchapter B of chapter 65 of the Internal
Revenue Code of 1986 is amended by adding at the end the
following new section:
``SEC. 6434. PAYMENTS IN LIEU OF RENTERS CREDIT FOR PARTNERSHIPS AND S
CORPORATIONS.
``(a) In General.--In the case of any qualified building (as
defined in section 36C(a)(3)) directly held by any partnership or S
corporation, the Secretary shall pay to such partnership or S
corporation for any taxable year an amount equal to the amount of the
credit which, but for section 36C(i), would be allowed under section
36C with respect to such building.
``(b) Regulatory Authority.--The Secretary shall prescribe such
regulations, rules, and guidance as may be necessary to carry out
section 36C(i), section 92, and this section, including regulations,
rules, and guidance providing for--
``(1) the application of the rules under section 36C with
respect to payments under this section in the same manner as
such rules apply for purposes of the credit under section 36C,
``(2) the time and manner of payments under subsection (a),
and
``(3) the determination of a partner's distributive share,
or an S corporation shareholder's pro rata share, of any
payment under subsection (a).''.
(2) Conforming amendment.--The table of sections for
subchapter B of chapter 65 of the Internal Revenue Code of 1986
is amended by adding at the end the following new item:
``Sec. 6434. Payments in lieu of renters credit for partnerships and S
corporations.''.
(c) Credit Includible in Gross Income.--
(1) In general.--Part II of subchapter B of chapter 1 of
the Internal Revenue Code of 1986 is amended by adding at the
end the following new section:
``SEC. 92. INCLUSION IN INCOME OF RENTERS CREDIT AND PAYMENTS.
``Gross income includes the amount of the credit allowed to the
taxpayer under section 36C for the taxable year and the amount of any
payment in lieu of such credit under section 6434.''.
(2) Income disregarded for alternative minimum taxable
income.--Section 56(a) of such Code is amended by adding at the
end the following:
``(8) Section 92 not applicable.--Section 92 (relating to
inclusion in income of renters credit) shall not apply.''.
(3) Conforming amendment.--The table of sections for part
II of subchapter B of chapter 1 of such Code is amended by
adding at the end the following new item:
``Sec. 92. Inclusion in income of renters credit and payments.''.
(d) Administrative Fees.--No provision of, or amendment made by,
this Act shall be construed to prevent a rental reduction credit agency
of a State from imposing fees to cover its costs or from levying any
such fee on a taxpayer applying for or receiving a rental reduction
credit amount.
(e) Other Conforming Amendments.--
(1) Section 6211(b)(4) of the Internal Revenue Code of 1986
is amended by inserting ``36C (including any related payment
under section 6434),'' after ``36B,''.
(2) Paragraph (2) of section 1324(b) of title 31, United
States Code, is amended by inserting ``36C (including any
related payment under section 6434),'' after ``36B,''.
(3) The table of sections for subpart C of part IV of
subchapter A of chapter 1 of the Internal Revenue Code of 1986
is amended by inserting after the item relating to section 36B
the following new item:
``Sec. 36C. Renters credit.''.
(f) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2022.
SEC. 213. MIDDLE-INCOME HOUSING TAX CREDIT.
(a) In General.--Subpart D of part IV of subchapter A of chapter 1
of the Internal Revenue Code of 1986 is amended by inserting after
section 42 the following new section:
``SEC. 42A. MIDDLE-INCOME HOUSING CREDIT.
``(a) In General.--For purposes of section 38, the amount of the
middle-income housing credit determined under this section for any
taxable year in the credit period shall be an amount equal to--
``(1) the applicable percentage, of
``(2) the qualified basis of each qualified middle-income
building.
``(b) Applicable Percentage.--
``(1) Determination of applicable percentage.--For purposes
of this section--
``(A) In general.--The term `applicable percentage'
means, with respect to any building, the appropriate
percentage prescribed by the Secretary for the earlier
of--
``(i) the month in which such building is
placed in service, or
``(ii) at the election of the taxpayer, the
month in which the taxpayer and the housing
credit agency enter into an agreement with
respect to such building (which is binding on
such agency, the taxpayer, and all successors
in interest) as to the housing credit dollar
amount to be allocated to such building.
A month may be elected under clause (ii) only if the
election is made not later than the 5th day after the
close of such month. Such an election, once made, shall
be irrevocable.
``(B) Method of prescribing percentages.--The
percentages prescribed by the Secretary for any month
shall be percentages which will yield over a 15-year
period amounts of credit under subsection (a) which
have a present value equal to--
``(i) 50 percent of the qualified basis of
a new building which is not Federally
subsidized for the taxable year, and
``(ii) 20 percent of the qualified basis of
a building not described in clause (i).
``(C) Method of discounting.--The present value
under subparagraph (B) shall be determined--
``(i) as of the last day of the 1st year of
the 15-year period referred to in subparagraph
(B),
``(ii) by using a discount rate equal to 72
percent of the average of the annual Federal
mid-term rate and the annual Federal long-term
rate applicable under section 1274(d)(1) to the
month applicable under clause (i) or (ii) of
subparagraph (A) and compounded annually, and
``(iii) by assuming that the credit
allowable under this section for any year is
received on the last day of such year.
``(2) Minimum credit rate.--
``(A) In general.--The applicable percentage for
any building which is not Federally subsidized for the
taxable year shall not be less than 5 percent.
``(B) Minimum credit rate for federally subsidized
buildings.--In the case of any building to which
subparagraph (A) does not apply, except as provided in
paragraph (3), the applicable percentage shall not be
less than 2 percent.
``(3) Exception for certain federally subsidized
buildings.--In the case of any building to which paragraph
(2)(A) does not apply, the applicable percentage is zero
unless--
``(A) a credit is allowed under section 42 with
respect to such building for the taxable year, and
``(B) such building is financed by tax-exempt bonds
as described in section 42(h)(4).
``(4) Cross references.--
``(A) For treatment of certain rehabilitation
expenditures as separate new buildings, see subsection
(e).
``(B) For determination of applicable percentage
for increases in qualified basis after the 1st year of
the credit period, see subsection (f)(3).
``(C) For authority of housing credit agency to
limit applicable percentage and qualified basis which
may be taken into account under this section with
respect to any building, see subsection (h)(6).
``(c) Qualified Basis; Qualified Middle-Income Building.--For
purposes of this section--
``(1) Qualified basis.--
``(A) Determination.--The qualified basis of any
qualified middle-income building for any taxable year
is an amount equal to--
``(i) the applicable fraction (determined
as of the close of such taxable year) of
``(ii) the eligible basis of such building
(determined under subsection (d)).
``(B) Applicable fraction.--For purposes of
subparagraph (A), the term `applicable fraction' means
the smaller of the unit fraction or the floor space
fraction.
``(C) Unit fraction.--For purposes of subparagraph
(B), the term `unit fraction' means the fraction--
``(i) the numerator of which is the number
of middle-income units in the building, and
``(ii) the denominator of which is the
number of residential rental units (whether or
not occupied) in such building.
``(D) Floor space fraction.--For purposes of
subparagraph (B), the term `floor space fraction' means
the fraction--
``(i) the numerator of which is the total
floor space of the middle-income units in such
building, and
``(ii) the denominator of which is the
total floor space of the residential rental
units (whether or not occupied) in such
building.
``(2) Qualified middle-income building.--The term
`qualified middle-income building' means any building which is
part of a qualified middle-income housing project at all times
during the period--
``(A) beginning on the 1st day in the credit period
on which such building is part of such a project, and
``(B) ending on the last day of the credit period
with respect to such building.
``(d) Eligible Basis.--For purposes of this section--
``(1) New buildings.--The eligible basis of a new building
is its adjusted basis as of the close of the 1st taxable year
of the credit period.
``(2) Existing buildings.--
``(A) In general.--The eligible basis of an
existing building is--
``(i) in the case of a building which meets
the requirements of subparagraph (B), its
adjusted basis as of the close of the 1st
taxable year of the credit period, and
``(ii) zero in any other case.
``(B) Requirements.--A building meets the
requirements of this subparagraph if--
``(i) the building is acquired by purchase
(as defined in section 179(d)(2)),
``(ii) there is a period of at least 10
years between the date of its acquisition by
the taxpayer and the date the building was last
placed in service,
``(iii) the building was not previously
placed in service by the taxpayer or by any
person who was a related person with respect to
the taxpayer as of the time previously placed
in service, and
``(iv) except as provided in subsection
(f)(5), a credit is allowable under subsection
(a) by reason of subsection (e) with respect to
the building.
``(C) Adjusted basis.--For purposes of subparagraph
(A), the adjusted basis of any building shall not
include so much of the basis of such building as is
determined by reference to the basis of other property
held at any time by the person acquiring the building.
``(D) Special rules.--
``(i) Special rules for certain
transfers.--For purposes of determining under
subparagraph (B)(ii) when a building was last
placed in service, there shall not be taken
into account any placement in service--
``(I) in connection with the
acquisition of the building in a
transaction in which the basis of the
building in the hands of the person
acquiring it is determined in whole or
in part by reference to the adjusted
basis of such building in the hands of
the person from whom acquired,
``(II) by a person whose basis in
such building is determined under
section 1014(a) (relating to property
acquired from a decedent),
``(III) by any governmental unit or
qualified nonprofit organization if the
requirements of subparagraph (B)(ii)
are met with respect to the placement
in service by such unit or organization
and all the income from such property
is exempt from Federal income taxation,
``(IV) by any person who acquired
such building by foreclosure (or by
instrument in lieu of foreclosure) of
any purchase-money security interest
held by such person if the requirements
of subparagraph (B)(ii) are met with
respect to the placement in service by
such person and such building is resold
within 12 months after the date such
building is placed in service by such
person after such foreclosure, or
``(V) of a single-family residence
by any individual who owned and used
such residence for no other purpose
than as his principal residence.
``(ii) Related person.--For purposes of
subparagraph (B)(iii), a person (hereinafter in
this subclause referred to as the `related
person') is related to any person if the
related person bears a relationship to such
person specified in section 267(b) or
707(b)(1), or the related person and such
person are engaged in trades or businesses
under common control (within the meaning of
subsections (a) and (b) of section 52).
``(3) Special rules relating to determination of adjusted
basis.--For purposes of this subsection--
``(A) In general.--Except as provided in
subparagraph (B), the adjusted basis of any building
shall be determined without regard to the adjusted
basis of any property which is not residential rental
property.
``(B) Basis of property in common areas, etc.,
included.--
``(i) In general.--Except as provided in
clause (ii), the adjusted basis of any building
shall be determined by taking into account the
adjusted basis of property (of a character
subject to the allowance for depreciation) used
in common areas or provided as comparable
amenities to all residential rental units in
such building.
``(ii) Special rule.--In the case of any
building for which the low-income housing tax
credit is allowable under section 42, the
adjusted basis of the building under this
section shall be determined without regard to
property used in common areas or provided as
comparable amenities to all residential rental
units in such building.
``(C) No reduction for depreciation.--The adjusted
basis of any building shall be determined without
regard to paragraphs (2) and (3) of section 1016(a).
``(4) Federal grants not taken into account in determining
eligible basis.--The eligible basis of a building shall not
include any costs financed with the proceeds of a Federally
funded grant.
``(5) Credit allowable for certain buildings acquired
during 10-year period.--On application by the taxpayer, the
Secretary may waive paragraph (2)(B)(ii) with respect to any
building acquired from an insured depository institution in
default (as defined in section 3 of the Federal Deposit
Insurance Act) or from a receiver or conservator of such an
institution.
``(6) Acquisition of building before end of prior credit
period.--
``(A) In general.--Under regulations prescribed by
the Secretary, in the case of a building described in
subparagraph (B) (or interest therein) which is
acquired by the taxpayer--
``(i) paragraph (2)(B) shall not apply, but
``(ii) the credit allowable by reason of
subsection (a) to the taxpayer for any period
after such acquisition shall be equal to the
amount of credit which would have been
allowable under subsection (a) for such period
to the prior owner referred to in subparagraph
(B) had such owner not disposed of the
building.
``(B) Description of building.--A building is
described in this subparagraph if--
``(i) a credit was allowed by reason of
subsection (a) to any prior owner of such
building, and
``(ii) the taxpayer acquired such building
before the end of the credit period for such
building with respect to such prior owner
(determined without regard to any disposition
by such prior owner).
``(e) Rehabilitation Expenditures Treated as Separate New
Building.--
``(1) In general.--Rehabilitation expenditures paid or
incurred by the taxpayer with respect to any building shall be
treated for purposes of this section as a separate new
building.
``(2) Rehabilitation expenditures.--For purposes of
paragraph (1)--
``(A) In general.--The term `rehabilitation
expenditures' means amounts chargeable to capital
account and incurred for property (or additions or
improvements to property) of a character subject to the
allowance for depreciation in connection with the
rehabilitation of a building.
``(B) Cost of acquisition, etc., not included.--
Such term does not include the cost of acquiring any
building (or interest therein) or any amount not
permitted to be taken into account under paragraph (3)
of subsection (d).
``(C) Certain relocation costs.--In the case of a
rehabilitation of a building to which section 280B does
not apply, costs relating to the relocation of
occupants, including--
``(i) amounts paid to occupants,
``(ii) amounts paid to third parties for
services relating to such relocation, and
``(iii) amounts paid for temporary housing
for occupants,
shall be treated as chargeable to capital account and
taken into account as rehabilitation expenditures.
``(3) Minimum expenditures to qualify.--
``(A) In general.--Paragraph (1) shall apply to
rehabilitation expenditures with respect to any
building only if--
``(i) the expenditures are allocable to 1
or more middle-income units or substantially
benefit such units, and
``(ii) the amount of such expenditures
during any 24-month period meets the
requirements of whichever of the following
subclauses requires the greater amount of such
expenditures:
``(I) The requirement of this
subclause is met if such amount is not
less than 20 percent of the adjusted
basis of the building (determined as of
the 1st day of such period and without
regard to paragraphs (2) and (3) of
section 1016(a)).
``(II) The requirement of this
subclause is met if the qualified basis
attributable to such amount, when
divided by the number of middle-income
units in the building, is equal to or
greater than the dollar amount in
effect under section
42(e)(3)(A)(ii)(II) for the calendar
year in which such expenditures are
treated as placed in service under
paragraph (4).
``(B) Date of determination.--The determination
under subparagraph (A) shall be made as of the close of
the 1st taxable year in the credit period with respect
to such expenditures.
``(4) Special rules.--For purposes of applying this section
with respect to expenditures which are treated as a separate
building by reason of this subsection--
``(A) such expenditures shall be treated as placed
in service at the close of the 24-month period referred
to in paragraph (3)(A), and
``(B) the applicable fraction under subsection
(c)(1) shall be the applicable fraction for the
building (without regard to paragraph (1)) with respect
to which the expenditures were incurred.
Nothing in subsection (d)(2) shall prevent a credit from being
allowed by reason of this subsection.
``(5) No double counting.--Rehabilitation expenditures may,
at the election of the taxpayer, be taken into account under
this subsection or subsection (d)(2)(A)(i) but not under both
such subsections.
``(6) Regulations to apply subsection with respect to group
of units in building.--The Secretary may prescribe regulations,
consistent with the purposes of this subsection, treating a
group of units with respect to which rehabilitation
expenditures are incurred as a separate new building.
``(f) Definition and Special Rules Relating to Credit Period.--
``(1) Credit period defined.--For purposes of this section,
the term `credit period' means, with respect to any building,
the period of 15 taxable years beginning with--
``(A) the taxable year in which the building is
placed in service, or
``(B) at the election of the taxpayer, the
succeeding taxable year,
but only if the building is a qualified middle-income building
as of the close of the 1st year of such period. The election
under subparagraph (B), once made, shall be irrevocable.
``(2) Special rule for 1st year of credit period.--
``(A) In general.--The credit allowable under
subsection (a) with respect to any building for the 1st
taxable year of the credit period shall be determined
by substituting for the applicable fraction under
subsection (c)(1) the fraction--
``(i) the numerator of which is the sum of
the applicable fractions determined under
subsection (c)(1) as of the close of each full
month of such year during which such building
was in service, and
``(ii) the denominator of which is 12.
``(B) Disallowed 1st-year credit allowed in 16th
year.--Any reduction by reason of subparagraph (A) in
the credit allowable (without regard to subparagraph
(A)) for the 1st taxable year of the credit period
shall be allowable under subsection (a) for the 1st
taxable year following the credit period.
``(3) Determination of applicable percentage with respect
to increases in qualified basis after 1st year of credit
period.--
``(A) In general.--In the case of any building
which was a qualified middle-income building as of the
close of the 1st year of the credit period, if--
``(i) as of the close of any taxable year
in the credit period (after the 1st year of
such period) the qualified basis of such
building, exceeds
``(ii) the qualified basis of such building
as of the close of the 1st year of the credit
period,
the applicable percentage which shall apply under
subsection (a) for the taxable year to such excess
shall be the percentage equal to \2/3\ of the
applicable percentage which (after the application of
subsection (h)) would but for this paragraph apply to
such basis.
``(B) 1st year computation applies.--A rule similar
to the rule of paragraph (2)(A) shall apply to any
increase in qualified basis to which subparagraph (A)
applies for the 1st year of such increase.
``(4) Dispositions of property.--If a building (or an
interest therein) is disposed of during any year for which
credit is allowable under subsection (a), such credit shall be
allocated between the parties on the basis of the number of
days during such year the building (or interest) was held by
each.
``(5) Credit period for existing buildings not to begin
before rehabilitation credit allowed.--
``(A) In general.--The credit period for an
existing building shall not begin before the 1st
taxable year of the credit period for rehabilitation
expenditures with respect to the building.
``(B) Acquisition credit allowed for certain
buildings not allowed a rehabilitation credit.--
``(i) In general.--In the case of a
building described in clause (ii)--
``(I) subsection (d)(2)(B)(iv)
shall not apply, and
``(II) the credit period for such
building shall not begin before the
taxable year which would be the 1st
taxable year of the credit period for
rehabilitation expenditures with
respect to the building under the
modifications described in clause
(ii)(II).
``(ii) Building described.--A building is
described in this clause if--
``(I) a waiver is granted under
subsection (d)(4) with respect to the
acquisition of the building, and
``(II) a credit would be allowed
for rehabilitation expenditures with
respect to such building if subsection
(e)(3)(A)(ii)(I) did not apply and if
the dollar amount in effect under
subsection (e)(3)(A)(ii)(II) were two-
thirds of such amount.
``(g) Qualified Middle-Income Housing Project.--For purposes of
this section--
``(1) In general.--The term `qualified middle-income
housing project' means any project for residential rental
property if 60 percent or more of the residential units in such
project are both rent-restricted and occupied by individuals
whose income is 100 percent or less of area median gross
income. For purposes of the preceding sentence, residential
units in a building which is not a qualified middle-income
building by reason of subsection (c)(2)(B) shall not be taken
into account.
``(2) Rent-restricted units.--
``(A) In general.--For purposes of paragraph (1), a
residential unit is rent-restricted if the gross rent
with respect to such unit does not exceed 30 percent of
the imputed income limitation applicable to such unit.
For purposes of the preceding sentence, the amount of
the income limitation under paragraph (1) applicable
for any period shall not be less than such limitation
applicable for the earliest period the building (which
contains the unit) was included in the determination of
whether the project is a qualified middle-income
housing project.
``(B) Gross rent.--For purposes of subparagraph
(A), gross rent--
``(i) includes any utility allowance
determined by the Secretary after taking into
account such determinations under section 8 of
the United States Housing Act of 1937,
``(ii) does not include any fee for a
supportive service which is paid to the owner
of the unit (on the basis of the middle-income
status of the tenant of the unit) by any
governmental program of assistance (or by an
organization described in section 501(c)(3) and
exempt from tax under section 501(a)) if such
program (or organization) provides assistance
for rent and the amount of assistance provided
for rent is not separable from the amount of
assistance provided for supportive services,
and
``(iii) does not include any rental payment
to the owner of the unit to the extent such
owner pays an equivalent amount to the Farmers'
Home Administration under section 515 of the
Housing Act of 1949.
For purposes of clause (ii), the term `supportive
service' means any service provided under a planned
program of services designed to enable residents of a
residential rental property to remain independent and
avoid placement in a hospital, nursing home, or
intermediate care facility for the mentally or
physically handicapped.
``(C) Imputed income limitation applicable to
unit.--For purposes of this paragraph, the imputed
income limitation applicable to a unit is the income
limitation which would apply under paragraph (1) to
individuals occupying the unit if the number of
individuals occupying the unit were as follows:
``(i) In the case of a unit which does not
have a separate bedroom, 1 individual.
``(ii) In the case of a unit which has 1 or
more separate bedrooms, 1.5 individuals for
each separate bedroom.
In the case of a project with respect to which a credit
is allowable by reason of this section and for which
financing is provided by a bond described in section
142(a)(7), the imputed income limitation shall apply in
lieu of the otherwise applicable income limitation for
purposes of applying section 142(d)(4)(B)(ii).
``(D) Treatment of units occupied by individuals
whose incomes rise above limit.--
``(i) In general.--Except as provided in
clause (ii), notwithstanding an increase in the
income of the occupants of a middle-income unit
above the income limitation applicable under
paragraph (1), such unit shall continue to be
treated as a middle-income unit if the income
of such occupants initially met such income
limitation and such unit continues to be rent-
restricted.
``(ii) Next available unit must be rented
to middle-income tenant if income rises above
140 percent of income limit.--If the income of
the occupants of the unit increases above 140
percent of the income limitation applicable
under paragraph (1), clause (i) shall cease to
apply to such unit if any residential rental
unit in the building (of a size comparable to,
or smaller than, such unit) is occupied by a
new resident whose income exceeds such income
limitation.
``(3) Date for meeting requirements.--
``(A) In general.--Except as otherwise provided in
this paragraph, a building shall be treated as a
qualified middle-income building only if the project
(of which such building is a part) meets the
requirements of paragraph (1) not later than the close
of the 1st year of the credit period for such building.
``(B) Buildings which rely on later buildings for
qualification.--
``(i) In general.--In determining whether a
building (hereinafter in this subparagraph
referred to as the `prior building') is a
qualified middle-income building, the taxpayer
may take into account 1 or more additional
buildings placed in service during the 12-month
period described in subparagraph (A) with
respect to the prior building only if the
taxpayer elects to apply clause (ii) with
respect to each additional building taken into
account.
``(ii) Treatment of elected buildings.--In
the case of a building which the taxpayer
elects to take into account under clause (i),
the period under subparagraph (A) for such
building shall end at the close of the 12-month
period applicable to the prior building.
``(iii) Date prior building is treated as
placed in service.--For purposes of determining
the credit period for the prior building, the
prior building shall be treated for purposes of
this section as placed in service on the most
recent date any additional building elected by
the taxpayer (with respect to such prior
building) was placed in service.
``(C) Special rule.--A building--
``(i) other than the 1st building placed in
service as part of a project, and
``(ii) other than a building which is
placed in service during the 12-month period
described in subparagraph (A) with respect to a
prior building which becomes a qualified
middle-income building,
shall in no event be treated as a qualified middle-
income building unless the project is a qualified
middle-income housing project (without regard to such
building) on the date such building is placed in
service.
``(D) Projects with more than 1 building must be
identified.--For purposes of this section, a project
shall be treated as consisting of only 1 building
unless, before the close of the 1st calendar year in
the project period (as defined in subsection
(h)(1)(F)(ii)), each building which is (or will be)
part of such project is identified in such form and
manner as the Secretary may provide.
``(4) Certain rules made applicable.--Paragraphs (2) (other
than subparagraph (A) thereof), (3), and (7) of section 142(d),
and section 6652(j), shall apply for purposes of determining
whether any project is a qualified middle-income housing
project and whether any unit is a middle-income unit; except
that, in applying such provisions for such purposes--
``(A) the term `gross rent' shall have the meaning
given such term by paragraph (2)(B) of this subsection,
and
``(B) the term `applicable income limit' means the
limitation under paragraph (1) of this subsection.
``(5) Election to treat building after credit period as not
part of a project.--For purposes of this section, the taxpayer
may elect to treat any building as not part of a qualified
middle-income housing project for any period beginning after
the credit period for such building.
``(6) Special rule where de minimis equity contribution.--
Property shall not be treated as failing to be residential
rental property for purposes of this section merely because the
occupant of a residential unit in the project pays (on a
voluntary basis) to the lessor a de minimis amount to be held
toward the purchase by such occupant of a residential unit in
such project if--
``(A) all amounts so paid are refunded to the
occupant on the cessation of his occupancy of a unit in
the project, and
``(B) the purchase of the unit is not permitted
until after the close of the credit period with respect
to the building in which the unit is located.
Any amount paid to the lessor as described in the preceding
sentence shall be included in gross rent under paragraph (2)
for purposes of determining whether the unit is rent-
restricted.
``(7) Scattered site projects.--Buildings which would (but
for their lack of proximity) be treated as a project for
purposes of this section shall be so treated if all of the
dwelling units in each of the buildings are rent-restricted
(within the meaning of paragraph (2)) residential rental units.
``(8) Waiver of certain recertifications.--On application
by the taxpayer, the Secretary may waive any annual
recertification of tenant income for purposes of this
subsection, if the entire building is occupied by middle-income
tenants.
``(9) Clarification of general public use requirement.--A
project does not fail to meet the general public use
requirement solely because of occupancy restrictions or
preferences that favor tenants--
``(A) with special needs, or
``(B) who are members of a specified group under a
Federal program or State program or policy that
supports housing for such a specified group.
``(h) Limitation on Aggregate Credit Allowable With Respect to
Projects Located in a State.--
``(1) Credit may not exceed credit amount allocated to
building.--
``(A) In general.--The amount of the credit
determined under this section for any taxable year with
respect to any building shall not exceed the housing
credit dollar amount allocated to such building under
this subsection.
``(B) Time for making allocation.--Except in the
case of an allocation which meets the requirements of
subparagraph (C), (D), (E), or (F), an allocation shall
be taken into account under subparagraph (A) only if it
is made not later than the close of the calendar year
in which the building is placed in service.
``(C) Exception where binding commitment.--An
allocation meets the requirements of this subparagraph
if there is a binding commitment (not later than the
close of the calendar year in which the building is
placed in service) by the housing credit agency to
allocate a specified housing credit dollar amount to
such building beginning in a specified later taxable
year.
``(D) Exception where increase in qualified
basis.--
``(i) In general.--An allocation meets the
requirements of this subparagraph if such
allocation is made not later than the close of
the calendar year in which ends the taxable
year to which it will 1st apply but only to the
extent the amount of such allocation does not
exceed the limitation under clause (ii).
``(ii) Limitation.--The limitation under
this clause is the amount of credit allowable
under this section (without regard to this
subsection) for a taxable year with respect to
an increase in the qualified basis of the
building equal to the excess of--
``(I) the qualified basis of such
building as of the close of the 1st
taxable year to which such allocation
will apply, over
``(II) the qualified basis of such
building as of the close of the 1st
taxable year to which the most recent
prior housing credit allocation with
respect to such building applied.
``(iii) Housing credit dollar amount
reduced by full allocation.--Notwithstanding
clause (i), the full amount of the allocation
shall be taken into account under paragraph
(2).
``(E) Exception where 10 percent of cost
incurred.--
``(i) In general.--An allocation meets the
requirements of this subparagraph if such
allocation is made with respect to a qualified
building which is placed in service not later
than the close of the second calendar year
following the calendar year in which the
allocation is made.
``(ii) Qualified building.--For purposes of
clause (i), the term `qualified building' means
any building which is part of a project if the
taxpayer's basis in such project (as of the
date which is 1 year after the date that the
allocation was made) is more than 10 percent of
the taxpayer's reasonably expected basis in
such project (as of the close of the second
calendar year referred to in clause (i)). Such
term does not include any existing building
unless a credit is allowable under subsection
(e) for rehabilitation expenditures paid or
incurred by the taxpayer with respect to such
building for a taxable year ending during the
second calendar year referred to in clause (i)
or the prior taxable year.
``(F) Allocation of credit on a project basis.--
``(i) In general.--In the case of a project
which includes (or will include) more than 1
building, an allocation meets the requirements
of this subparagraph if--
``(I) the allocation is made to the
project for a calendar year during the
project period,
``(II) the allocation only applies
to buildings placed in service during
or after the calendar year for which
the allocation is made, and
``(III) the portion of such
allocation which is allocated to any
building in such project is specified
not later than the close of the
calendar year in which the building is
placed in service.
``(ii) Project period.--For purposes of
clause (i), the term `project period' means the
period--
``(I) beginning with the 1st
calendar year for which an allocation
may be made for the 1st building placed
in service as part of such project, and
``(II) ending with the calendar
year the last building is placed in
service as part of such project.
``(2) Allocated credit amount to apply to all taxable years
ending during or after credit allocation year.--Any housing
credit dollar amount allocated to any building for any calendar
year--
``(A) shall apply to such building for all taxable
years in the credit period ending during or after such
calendar year, and
``(B) shall reduce the aggregate housing credit
dollar amount of the allocating agency only for such
calendar year.
``(3) Housing credit dollar amount for agencies.--
``(A) In general.--The aggregate housing credit
dollar amount which a housing credit agency may
allocate for any calendar year is the portion of the
State housing credit ceiling allocated under this
paragraph for such calendar year to such agency.
``(B) State ceiling initially allocated to state
housing credit agencies.--Except as provided in
subparagraph (D), the State housing credit ceiling for
each calendar year shall be allocated to the housing
credit agency of such State. If there is more than 1
housing credit agency of a State, all such agencies
shall be treated as a single agency.
``(C) State housing credit ceiling.--The State
housing credit ceiling applicable to any State for any
calendar year shall be an amount equal to the sum of--
``(i) the greater of--
``(I) $1.00 multiplied by the State
population, or
``(II) $1,140,000, plus
``(ii) the amount of State housing credit
ceiling returned in the calendar year.
For purposes of clause (ii), the amount of State
housing credit ceiling returned in the calendar year
equals the housing credit dollar amount previously
allocated within the State to any project 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 or which does not become a
qualified middle-income housing project within the
period required by this section or the terms of the
allocation or to any project with respect to which an
allocation is cancelled by mutual consent of the
housing credit agency and the allocation recipient.
``(D) State may provide for different allocation.--
Rules similar to the rules of section 146(e) (other
than paragraph (2)(B) thereof) shall apply for purposes
of this paragraph.
``(E) Population.--For purposes of this paragraph,
population shall be determined in accordance with
section 146(j).
``(F) Cost-of-living adjustment.--
``(i) In general.--In the case of a
calendar year after 2024, the $1,140,000 and
$1.00 amounts in subparagraph (C) shall each 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 such calendar year by
substituting `calendar year 2023' for
`calendar year 2016' in subparagraph
(A)(ii) thereof.
``(ii) Rounding.--
``(I) In the case of the $1,140,000
amount, any increase under clause (i)
which is not a multiple of $5,000 shall
be rounded to the next lowest multiple
of $5,000.
``(II) In the case of the $1.00
amount, any increase under clause (i)
which is not a multiple of 5 cents
shall be rounded to the next lowest
multiple of 5 cents.
``(4) Portion of state ceiling set-aside for certain
projects involving qualified nonprofit organizations.--
``(A) In general.--Not more than 90 percent of the
State housing credit ceiling (determined without regard
to paragraph (7)) for any State for any calendar year
shall be allocated to projects other than qualified
middle-income housing projects described in
subparagraph (B).
``(B) Projects involving qualified nonprofit
organizations.--For purposes of subparagraph (A), a
qualified middle-income housing project is described in
this subparagraph if a qualified nonprofit organization
is to own an interest in the project (directly or
through a partnership) and materially participate
(within the meaning of section 469(h)) in the
development and operation of the project throughout the
credit period.
``(C) Qualified nonprofit organization.--For
purposes of this paragraph, the term `qualified
nonprofit organization' means any organization if--
``(i) such organization is described in
paragraph (3) or (4) of section 501(c) and is
exempt from tax under section 501(a),
``(ii) such organization is determined by
the State housing credit agency not to be
affiliated with or controlled by a for-profit
organization; and
``(iii) one of the exempt purposes of such
organization includes the fostering of middle-
income housing.
``(D) Treatment of certain subsidiaries.--
``(i) In general.--For purposes of this
paragraph, a qualified nonprofit organization
shall be treated as satisfying the ownership
and material participation test of subparagraph
(B) if any qualified corporation in which such
organization holds stock satisfies such test.
``(ii) Qualified corporation.--For purposes
of clause (i), the term `qualified corporation'
means any corporation if 100 percent of the
stock of such corporation is held by 1 or more
qualified nonprofit organizations at all times
during the period such corporation is in
existence.
``(E) State may not override set-aside.--Nothing in
subparagraph (E) of paragraph (3) shall be construed to
permit a State not to comply with subparagraph (A) of
this paragraph.
``(5) Buildings eligible for credit only if minimum long-
term commitment to middle-income housing.--
``(A) In general.--No credit shall be allowed by
reason of this section with respect to any building for
the taxable year unless an extended middle-income
housing commitment is in effect as of the end of such
taxable year.
``(B) Extended middle-income housing commitment.--
For purposes of this paragraph, the term `extended
middle-income housing commitment' means any agreement
between the taxpayer and the housing credit agency--
``(i) which requires that the applicable
fraction (as defined in subsection (c)(1)) for
the building for each taxable year in the
extended use period will not be less than the
applicable fraction specified in such agreement
and which prohibits the actions described in
subclauses (I) and (II) of subparagraph
(E)(ii),
``(ii) which allows individuals who meet
the income limitation applicable to the
building under subsection (g) (whether
prospective, present, or former occupants of
the building) the right to enforce in any State
court the requirement and prohibitions of
clause (i),
``(iii) which prohibits the disposition to
any person of any portion of the building to
which such agreement applies unless all of the
building to which such agreement applies is
disposed of to such person,
``(iv) which prohibits the refusal to lease
to a holder of a voucher or certificate of
eligibility under section 8 of the United
States Housing Act of 1937 because of the
status of the prospective tenant as such a
holder,
``(v) which is binding on all successors of
the taxpayer, and
``(vi) which, with respect to the property,
is recorded pursuant to State law as a
restrictive covenant.
``(C) Allocation of credit may not exceed amount
necessary to support commitment.--The housing credit
dollar amount allocated to any building may not exceed
the amount necessary to support the applicable fraction
specified in the extended middle-income housing
commitment for such building, including any increase in
such fraction pursuant to the application of subsection
(f)(3) if such increase is reflected in an amended
middle-income housing commitment.
``(D) Extended use period.--For purposes of this
paragraph, the term `extended use period' means the
period--
``(i) beginning on the 1st day in the
credit period on which such building is part of
a qualified middle-income housing project, and
``(ii) ending on the later of--
``(I) the date specified by such
agency in such agreement, or
``(II) the date which is 15 years
after the close of the credit period.
``(E) Exceptions if foreclosure or if no buyer
willing to maintain middle-income status.--
``(i) In general.--The extended use period
for any building shall terminate on the date
the building is acquired by foreclosure (or
instrument in lieu of foreclosure) unless the
Secretary determines that such acquisition is
part of an arrangement with the taxpayer a
purpose of which is to terminate such period.
``(ii) Eviction, etc., of existing middle-
income tenants not permitted.--The termination
of an extended use period under clause (i)
shall not be construed to permit before the
close of the 3-year period following such
termination--
``(I) the eviction or the
termination of tenancy (other than for
good cause) of an existing tenant of
any middle-income unit, or
``(II) any increase in the gross
rent with respect to such unit not
otherwise permitted under this section.
``(F) Effect of noncompliance.--If, during a
taxable year, there is a determination that an extended
middle-income housing agreement was not in effect as of
the beginning of such year, such determination shall
not apply to any period before such year and
subparagraph (A) shall be applied without regard to
such determination if the failure is corrected within 1
year from the date of the determination.
``(G) Projects which consist of more than 1
building.--The application of this paragraph to
projects which consist of more than 1 building shall be
made under regulations prescribed by the Secretary.
``(6) Special rules.--
``(A) Building must be located within jurisdiction
of credit agency.--A housing credit agency may allocate
its aggregate housing credit dollar amount only to
buildings located in the jurisdiction of the
governmental unit of which such agency is a part.
``(B) Agency allocations in excess of limit.--If
the aggregate housing credit dollar amounts allocated
by a housing credit agency for any calendar year exceed
the portion of the State housing credit ceiling
allocated to such agency for such calendar year, the
housing credit dollar amounts so allocated shall be
reduced (to the extent of such excess) for buildings in
the reverse of the order in which the allocations of
such amounts were made.
``(C) Credit reduced if allocated credit dollar
amount is less than credit which would be allowable
without regard to placed in service convention, etc.--
``(i) In general.--The amount of the credit
determined under this section with respect to
any building shall not exceed the clause (ii)
percentage of the amount of the credit which
would (but for this subparagraph) be determined
under this section with respect to such
building.
``(ii) Determination of percentage.--For
purposes of clause (i), the clause (ii)
percentage with respect to any building is the
percentage which--
``(I) the housing credit dollar
amount allocated to such building,
bears to
``(II) the credit amount determined
in accordance with clause (iii).
``(iii) Determination of credit amount.--
The credit amount determined in accordance with
this clause is the amount of the credit which
would (but for this subparagraph) be determined
under this section with respect to the building
if--
``(I) this section were applied
without regard to paragraphs (2)(A) and
(3)(B) of subsection (f), and
``(II) subsection (f)(3)(A) were
applied without regard to `the
percentage equal to \2/3\ of'.
``(D) Housing credit agency to specify applicable
percentage and maximum qualified basis.--In allocating
a housing credit dollar amount to any building, the
housing credit agency shall specify the applicable
percentage and the maximum qualified basis which may be
taken into account under this section with respect to
such building. The applicable percentage and maximum
qualified basis so specified shall not exceed the
applicable percentage and qualified basis determined
under this section without regard to this subsection.
``(7) Increase in state ceiling dedicated to certain rural
development projects.--
``(A) In general.--The State housing credit ceiling
for any calendar year shall be increased by an amount
equal to 5 percent of the amount determined under
paragraph (3)(C)(i).
``(B) Use of increased amount.--The amount of the
increase under subparagraph (A) for any calendar year
may only be allocated to buildings located in a rural
area (as defined in section 42(d)(5)(B)(iii)(IV)).
``(8) Other definitions.--For purposes of this subsection--
``(A) Housing credit agency.--The term `housing
credit agency' means any agency authorized to carry out
this subsection.
``(B) Possessions treated as states.--The term
`State' includes a possession of the United States.
``(9) Credit for buildings financed by tax-exempt bonds
subject to volume cap not taken into account.--Rules similar to
the rules of subsections (h)(4), (m)(1)(D), and (m)(2)(D) of
section 42 shall apply for purposes of this subsection.
``(i) Definitions and Special Rules.--For purposes of this
section--
``(1) Middle-income unit.--
``(A) In general.--The term `middle-income unit'
means any unit in a building if--
``(i) such unit is rent-restricted (as
defined in subsection (g)(2)), and
``(ii) the individuals occupying such unit
meet the income limitation applicable under
subsection (g)(1) to the project of which such
building is a part.
``(B) Exceptions.--
``(i) Exclusion of low-income units.--A
unit shall not be treated as a middle-income
unit if such unit is a low-income unit (as
defined under section 42(i)(3)).
``(ii) Unit must be suitable for permanent
occupancy.--
``(I) In general.--A unit shall not
be treated as a middle-income unit
unless the unit is suitable for
occupancy and used other than on a
transient basis.
``(II) Suitability for occupancy.--
For purposes of subclause (I), the
suitability of a unit for occupancy
shall be determined under regulations
prescribed by the Secretary taking into
account local health, safety, and
building codes.
``(III) Single-room occupancy
units.--For purposes of subclause (I),
a single-room occupancy unit shall not
be treated as used on a transient basis
merely because it is rented on a month-
by-month basis.
``(C) Special rule for buildings having 4 or fewer
units.--In the case of any building which has 4 or
fewer residential rental units, no unit in such
building shall be treated as a middle-income unit if
the units in such building are owned by--
``(i) any individual who occupies a
residential unit in such building, or
``(ii) any person who is related (as
defined in subsection (d)(2)(D)(ii)) to such
individual.
``(D) Rules relating to students.--
``(i) In general.--A unit occupied solely
by individuals who--
``(I) have not attained age 24, and
``(II) are enrolled in a full-time
course of study at an institution of
higher education (as defined in section
3304(f)),
shall not be treated as a middle-income unit.
``(ii) Exceptions.--Clause (i) shall not
apply to a unit occupied by an individual who--
``(I) is married, if such
individual's spouse also occupies the
unit,
``(II) is a person with
disabilities (as defined in section
3(b)(3)(E) of the United States Housing
Act of 1937),
``(III) is a veteran (as defined in
section 101(2) of title 38, United
States Code),
``(IV) has one or more qualifying
children (as defined in section
152(c)), if such children also occupy
the unit, the individual is not a
dependent (as defined in section 152,
determined without regard to
subsections (b)(1), (b)(2), and
(d)(1)(B) thereof) of another
individual, and such children are not
claimed as dependents (as so defined)
of another individual, or
``(V) is, or was immediately prior
to attaining the age of majority--
``(aa) an emancipated minor
or in legal guardianship as
determined by a court of
competent jurisdiction in the
individual's State of legal
residence,
``(bb) under the care and
placement responsibility of the
State agency responsible for
administering a plan under part
B or part E of title IV of the
Social Security Act, or
``(cc) was an unaccompanied
youth (within the meaning of
section 725(6) of the McKinney-
Vento Homeless Assistance Act
(42 U.S.C. 11434a(6))) or a
homeless child or youth (within
the meaning of section 725(2)
of such Act (42 U.S.C.
11434a(2))).
``(E) Owner-occupied buildings having 4 or fewer
units eligible for credit where development plan.--
``(i) In general.--Subparagraph (C) shall
not apply to the acquisition or rehabilitation
of a building pursuant to a development plan of
action sponsored by a State or local government
or a qualified nonprofit organization.
``(ii) Limitation on credit.--In the case
of a building to which clause (i) applies, the
applicable fraction shall not exceed 80 percent
of the unit fraction.
``(iii) Certain unrented units treated as
owner-occupied.--In the case of a building to
which clause (i) applies, any unit which is not
rented for 90 days or more shall be treated as
occupied by the owner of the building as of the
1st day it is not rented.
``(2) New building.--The term `new building' means a
building the original use of which begins with the taxpayer.
``(3) Existing building.--The term `existing building'
means any building which is not a new building.
``(4) Application to estates and trusts.--In the case of an
estate or trust, the amount of the credit determined under
subsection (a) shall be apportioned between the estate or trust
and the beneficiaries on the basis of the income of the estate
or trust allocable to each.
``(5) Impact of tenant's option to acquire property.--
``(A) In general.--No Federal income tax benefit
shall fail to be allowable to the taxpayer with respect
to any qualified middle-income building merely by
reason of an option held by the tenants (in cooperative
form or otherwise) or resident management corporation
of such building or by a qualified nonprofit
organization or government agency to purchase the
property or all of the partnership interests (other
than interests of the person exercising such option or
a related party thereto (within the meaning of section
267(b) or 707(b)(1))) relating to the property after
the close of the credit period for a price which is not
less than the minimum purchase price determined under
subparagraph (B).
``(B) Minimum purchase price.--For purposes of
subparagraph (A), the minimum purchase price under this
subparagraph is an amount equal to the principal amount
of outstanding indebtedness secured by the building
(other than indebtedness incurred within the 5-year
period ending on the date of the sale to the tenants).
In the case of a purchase of a partnership interest,
the minimum purchase price is an amount equal to such
interest's ratable share of the amount determined under
the preceding sentence.
``(6) Treatment of rural projects.--For purposes of this
section, in the case of any project for residential rental
property located in a rural area (as defined in section 520 of
the Housing Act of 1949), any income limitation measured by
reference to area median gross income shall be measured by
reference to the greater of area median gross income or
national non-metropolitan median income.
``(7) Determination of whether building is federally
subsidized.--
``(A) In general.--Except as otherwise provided in
this paragraph, for purposes of this section, a project
shall be treated as Federally subsidized for any
taxable year if, at any time during such taxable year
or any prior taxable year, there is or was outstanding
any obligation the interest on which is exempt from tax
under section 103 the proceeds of which are or were
used (directly or indirectly) with respect to such
project or the operation thereof.
``(B) Special rule for subsidized construction
financing.--Subparagraph (A) shall not apply to any
tax-exempt obligation used to provide construction
financing for any building if--
``(i) such obligation (when issued)
identified the building for which the proceeds
of such obligation would be used, and
``(ii) such obligation is redeemed before
such building is placed in service.
``(8) Reduction in basis.--In the case of any building for
which a credit is allowable under this section and section 42,
the basis of the building shall be reduced by the amount of
such credit allowed under subsection (a).
``(j) Application of At-Risk Rules.--For purposes of this section--
``(1) In general.--Except as otherwise provided in this
subsection, rules similar to the rules of section 49(a)(1)
(other than subparagraphs (D)(ii)(II) and (D)(iv)(I) thereof),
section 49(a)(2), and section 49(b)(1) shall apply in
determining the qualified basis of any building in the same
manner as such sections apply in determining the credit base of
property.
``(2) Special rules for determining qualified person.--For
purposes of paragraph (1)--
``(A) In general.--If the requirements of
subparagraphs (B), (C), and (D) are met with respect to
any financing borrowed from a qualified nonprofit
organization, the determination of whether such
financing is qualified commercial financing with
respect to any qualified middle-income building shall
be made without regard to whether such organization--
``(i) is actively and regularly engaged in
the business of lending money, or
``(ii) is a person described in section
49(a)(1)(D)(iv)(II).
``(B) Financing secured by property.--The
requirements of this subparagraph are met with respect
to any financing if such financing is secured by the
qualified middle-income building, except that this
subparagraph shall not apply in the case of a federally
assisted building described in subsection (d)(5)(B)
if--
``(i) a security interest in such building
is not permitted by a Federal agency holding or
insuring the mortgage secured by such building,
and
``(ii) the proceeds from the financing (if
any) are applied to acquire or improve such
building.
``(C) Portion of building attributable to
financing.--The requirements of this subparagraph are
met with respect to any financing for any taxable year
in the credit period if, as of the close of such
taxable year, not more than 60 percent of the eligible
basis of the qualified middle-income building is
attributable to such financing (reduced by the
principal and interest of any governmental financing
which is part of a wrap-around mortgage involving such
financing).
``(D) Repayment of principal and interest.--The
requirements of this subparagraph are met with respect
to any financing if such financing is fully repaid on
or before the earliest of--
``(i) the date on which such financing
matures,
``(ii) the 90th day after the close of the
credit period with respect to the qualified
middle-income building, or
``(iii) the date of its refinancing or the
sale of the building to which such financing
relates.
In the case of a qualified nonprofit organization which
is not described in section 49(a)(1)(D)(iv)(II) with
respect to a building, clause (ii) of this subparagraph
shall be applied as if the date described therein were
the 90th day after the earlier of the date the building
ceases to be a qualified middle-income building or the
date which is 15 years after the close of a credit
period with respect thereto.
``(3) Present value of financing.--If the rate of interest
on any financing described in paragraph (2)(A) is less than the
rate which is 1 percentage point below the applicable Federal
rate as of the time such financing is incurred, then the
qualified basis (to which such financing relates) of the
qualified middle-income building shall be the present value of
the amount of such financing, using as the discount rate such
applicable Federal rate. For purposes of the preceding
sentence, the rate of interest on any financing shall be
determined by treating interest to the extent of government
subsidies as not payable.
``(4) Failure to fully repay.--
``(A) In general.--To the extent that the
requirements of paragraph (2)(D) are not met, then the
taxpayer's tax under this chapter for the taxable year
in which such failure occurs shall be increased by an
amount equal to the applicable portion of the credit
under this section with respect to such building,
increased by an amount of interest for the period--
``(i) beginning with the due date for the
filing of the return of tax imposed by chapter
1 for the 1st taxable year for which such
credit was allowable, and
``(ii) ending with the due date for the
taxable year in which such failure occurs,
determined by using the underpayment rate and method
under section 6621.
``(B) Applicable portion.--For purposes of
subparagraph (A), the term `applicable portion' means
the aggregate decrease in the credits allowed to a
taxpayer under section 38 for all prior taxable years
which would have resulted if the eligible basis of the
building were reduced by the amount of financing which
does not meet requirements of paragraph (2)(D).
``(C) Certain rules to apply.--Rules similar to the
rules of subparagraphs (A) and (D) of section 42(j)(4)
shall apply for purposes of this subsection.
``(k) Certifications and Other Reports to Secretary.--
``(1) Certification with respect to 1st year of credit
period.--Following the close of the 1st taxable year in the
credit period with respect to any qualified middle-income
building, the taxpayer shall certify to the Secretary (at such
time and in such form and in such manner as the Secretary
prescribes)--
``(A) the taxable year, and calendar year, in which
such building was placed in service,
``(B) the adjusted basis and eligible basis of such
building as of the close of the 1st year of the credit
period,
``(C) the maximum applicable percentage and
qualified basis permitted to be taken into account by
the appropriate housing credit agency under subsection
(h), and
``(D) such other information as the Secretary may
require.
In the case of a failure to make the certification required by
the preceding sentence on the date prescribed therefor, unless
it is shown that such failure is due to reasonable cause and
not to willful neglect, no credit shall be allowable by reason
of subsection (a) with respect to such building for any taxable
year ending before such certification is made.
``(2) Annual reports to the secretary.--The Secretary may
require taxpayers to submit an information return (at such time
and in such form and manner as the Secretary prescribes) for
each taxable year setting forth--
``(A) the qualified basis for the taxable year of
each qualified middle-income building of the taxpayer,
``(B) the information described in paragraph (1)(C)
for the taxable year, and
``(C) such other information as the Secretary may
require.
The penalty under section 6652(j) shall apply to any failure to
submit the return required by the Secretary under the preceding
sentence on the date prescribed therefor.
``(3) Annual reports from housing credit agencies.--Each
agency which allocates any housing credit amount to any
building for any calendar year shall submit to the Secretary
(at such time and in such manner as the Secretary shall
prescribe) an annual report specifying--
``(A) the amount of housing credit amount allocated
to each building for such year,
``(B) sufficient information to identify each such
building and the taxpayer with respect thereto, and
``(C) such other information as the Secretary may
require.
The penalty under section 6652(j) shall apply to any failure to
submit the report required by the preceding sentence on the
date prescribed therefor.
``(l) Responsibilities of Housing Credit Agencies.--
``(1) Plans for allocation of credit among projects.--
``(A) In general.--Notwithstanding any other
provision of this section, the housing credit dollar
amount with respect to any building shall be zero
unless--
``(i) such amount was allocated pursuant to
a qualified allocation plan of the housing
credit agency which is approved by the
governmental unit (in accordance with rules
similar to the rules of section 42(m)(1)) of
which such agency is a part,
``(ii) a comprehensive market study of the
housing needs of middle-income individuals in
the area to be served by the project is
conducted before the credit allocation is made
and at the developer's expense by a
disinterested party who is approved by such
agency, and
``(iii) a written explanation is available
to the general public for any allocation of a
housing credit dollar amount which is not made
in accordance with established priorities and
selection criteria of the housing credit
agency.
``(B) Qualified allocation plan.--For purposes of
this paragraph, the term `qualified allocation plan'
means any plan--
``(i) which sets forth selection criteria
to be used to determine housing priorities of
the housing credit agency which are appropriate
to local conditions,
``(ii) which also gives preference in
allocating housing credit dollar amounts among
selected projects to--
``(I) projects obligated to serve
qualified tenants for the longest
periods,
``(II) projects in areas where
rents are unaffordable to median income
households,
``(III) projects which target
housing to tenants at a range of
incomes between 60 and 100 percent of
area median gross income, and
``(IV) projects located near
transit hubs, and
``(iii) which provides a procedure that the
agency (or an agent or other private contractor
of such agency) will follow in monitoring for
noncompliance with the provisions of this
section and in notifying the Internal Revenue
Service of such noncompliance which such agency
becomes aware of and in monitoring for
noncompliance with habitability standards
through regular site visits.
``(C) Certain selection criteria must be used.--The
selection criteria set forth in a qualified allocation
plan must include--
``(i) project location,
``(ii) housing needs characteristics,
``(iii) project characteristics, including
whether the project includes the use of
existing housing as part of a community
revitalization plan,
``(iv) sponsor characteristics,
``(v) tenant populations with special
housing needs,
``(vi) tenant populations of individuals
with children,
``(vii) projects intended for eventual
tenant ownership,
``(viii) the energy efficiency of the
project, and
``(ix) the historic nature of the project.
``(D) Certain selection criteria prohibited.--The
selection criteria set forth in a qualified allocation
plan shall not include a requirement of local approval
or local contributions, either as a threshold
qualification requirement or as part of a point system
to be considered for allocations of housing credit
dollar amount.
``(2) Credit allocated to building not to exceed amount
necessary to assure project feasibility.--
``(A) In general.--The housing credit dollar amount
allocated to a project shall not exceed the amount the
housing credit agency determines is necessary for the
financial feasibility of the project and its viability
as a qualified middle-income housing project throughout
the credit period.
``(B) Agency evaluation.--In making the
determination under subparagraph (A), the housing
credit agency shall consider--
``(i) the sources and uses of funds and the
total financing planned for the project,
``(ii) any proceeds or receipts expected to
be generated by reason of tax benefits,
``(iii) the percentage of the housing
credit dollar amount used for project costs
other than the cost of intermediaries, and
``(iv) the reasonableness of the
developmental and operational costs of the
project.
Clause (iii) shall not be applied so as to impede the
development of projects in hard-to-develop areas. Such
a determination shall not be construed to be a
representation or warranty as to the feasibility or
viability of the project.
``(C) Determination made when credit amount applied
for and when building placed in service.--
``(i) In general.--A determination under
subparagraph (A) shall be made as of each of
the following times:
``(I) The application for the
housing credit dollar amount.
``(II) The allocation of the
housing credit dollar amount.
``(III) The date the building is
placed in service.
``(ii) Certification as to amount of other
subsidies.--Prior to each determination under
clause (i), the taxpayer shall certify to the
housing credit agency the full extent of all
Federal, State, and local subsidies which apply
(or which the taxpayer expects to apply) with
respect to the building.
``(m) Regulations.--The Secretary shall prescribe such regulations
as may be necessary or appropriate to carry out the purposes of this
section, including regulations--
``(1) dealing with--
``(A) projects which include more than 1 building
or only a portion of a building, or
``(B) buildings which are placed in service in
portions,
``(2) providing for the application of this section to
short taxable years,
``(3) preventing the avoidance of the rules of this
section, and
``(4) providing the opportunity for housing credit agencies
to correct administrative errors and omissions with respect to
allocations and record keeping within a reasonable period after
their discovery, taking into account the availability of
regulations and other administrative guidance from the
Secretary.''.
(b) Treatment as Part of General Business Credit.--Section 38(b) of
the Internal Revenue Code of 1986 is amended by striking ``plus'' at
the end of paragraph (40), by striking the period at the end of
paragraph (41) and inserting ``, plus'', and by adding at the end the
following new paragraph:
``(42) the middle-income housing credit determined under
section 42A(a).''.
(c) Unused Allocations Carried Over to Low-Income Housing Credit.--
(1) In general.--Clause (i) of section 42(h)(3)(C) of the
Internal Revenue Code of 1986 is amended--
(A) by striking ``the unused'' and inserting ``the
sum of--
``(I) the unused'',
(B) by inserting ``plus'' after ``calendar year,'',
and
(C) by adding at the end the following new
subclause:
``(II) the unused middle-income
State housing credit (if any) of such
State for the preceding calendar
year,''.
(2) Unused middle-income state housing credit.--The second
sentence of section 42(h)(3)(C) of such Code is amended by
inserting ``, and the unused middle-income State housing credit
for any calendar year is the excess (if any) of the amount
described in section 42A(h)(3)(C) (after application of section
42A(h)(7)) for such State over the aggregate amount of middle-
income housing credit dollar amount allocated by such State
under section 42A for such year'' after ``for such year''.
(3) Unused middle income state housing credit included in
carryover allocation.--Section 42(h)(3)(D)(ii) of such Code is
amended--
(A) by inserting ``the sum of'' after ``is the
excess (if any) of''; and
(B) by inserting ``plus the unused middle-income
State housing credit (as so defined)'' after ``as
defined in subparagraph (C)(i))''.
(d) Reduction in Basis.--Section 1016(a) of the Internal Revenue
Code of 1986 is amended--
(1) by striking ``and'' at the end of paragraph (37);
(2) by redesignating paragraph (38) as paragraph (39); and
(3) by inserting after paragraph (37) the following new
paragraph:
``(38) to the extent provided in section 42A(i)(8), and''.
(e) Treatment Under Base Erosion Minimum Tax.--Section 59A(b)(4) of
he Internal Revenue Code of 1986 is amended by redesignating
subparagraphs (B) and (C) as subparagraphs (C) and (D), respectively,
and by inserting after subparagraphs (A) the following new
subparagraph:
``(B) the middle-income housing credit determined
under section 42A(a),''.
(f) Conforming Amendments.--
(1) Section 45L(e) of the Internal Revenue Code of 1986 is
amended by inserting ``or 42A'' after ``42''.
(2) Section 50(c)(3)(C) of such Code is amended by
inserting ``or 42A'' after ``42''.
(3) Section 55(c)(1) of such Code is amended by inserting
``42A(j),'' before ``45(e)(11)(C)''.
(4) Subsections (i)(3)(C), (i)(6)(B)(i), and (k)(1) of
section 469 of such Code are each amended by inserting ``or
42A'' after ``42''.
(5) The table of sections for subpart D of part IV of
subchapter A of chapter 1 of such Code is amended by inserting
after the item relating to section 42 the following new item:
``Sec. 42A. Middle-income housing credit.''.
(g) Effective Date.--The amendments made by this section shall
apply to buildings placed in service after December 31, 2023, in
taxable years ending after such date.
SEC. 214. NEIGHBORHOOD HOMES CREDIT.
(a) Findings and Purpose.--
(1) Findings.--Congress finds the following:
(A) Experts have determined that it could take
nearly a decade to address the housing shortage in the
United States, in large part due to increasing housing
prices and decreased housing inventory.
(B) The housing supply shortage disproportionately
impacts low-income and distressed communities.
(C) Homeownership is a primary source of household
wealth and neighborhood stability. Many distressed
communities have low rates of homeownership and lack
quality, affordable starter homes.
(D) Housing revitalization in distressed
communities is prevented by the value gap, the
difference between the price to rehabilitate a home and
the sale value of the home.
(E) The Neighborhood Homes Investment Act can
address the value gap to increase housing
rehabilitation in distressed communities.
(F) This section and the amendments made by this
section have the potential to generate 500,000 homes
over 10 years, $125,000,000,000 of total development
activity, over 800,000 jobs in construction and
construction-related industries, and over
$35,000,000,000 in Federal, state, and local tax
revenues.
(2) Sense of congress.--It is the sense of Congress that
the neighborhood homes credit (as added under this section)
should be an activity administered in a manner which--
(A) is consistent with the Fair Housing Act of 1968
(42 U.S.C. 3601 et seq.);
(B) empowers residents in eligible communities; and
(C) revitalizes distressed neighborhoods.
(b) Allowance of Credit.--Subpart D of part IV of subchapter A of
chapter 1 of the Internal Revenue Code of 1986, as amended by section
213, is amended by inserting after section 42A the following new
section:
``SEC. 42B. NEIGHBORHOOD HOMES CREDIT.
``(a) Allowance of Credit.--For purposes of section 38, the
neighborhood homes credit determined under this section for the taxable
year is, with respect to each qualified residence sold by the taxpayer
during such taxable year in an affordable sale, the lesser of--
``(1) an amount equal to--
``(A) the excess (if any) of--
``(i) the reasonable development costs paid
or incurred by the taxpayer with respect to
such qualified residence, over
``(ii) the sale price of such qualified
residence (reduced by any reasonable expenses
paid or incurred by the taxpayer in connection
with such sale), or
``(B) if the neighborhood homes credit agency
determines it is necessary to ensure financial
feasibility, an amount not to exceed 120 percent of the
amount under subparagraph (A),
``(2) 35 percent of the eligible development costs paid or
incurred by the taxpayer with respect to such qualified
residence, or
``(3) 28 percent of the national median sale price for new
homes (as determined pursuant to the most recent census data
available as of the date on which the neighborhood homes credit
agency makes an allocation for the qualified project).
``(b) Development Costs.--For purposes of this section--
``(1) Reasonable development costs.--
``(A) In general.--The term `reasonable development
costs' means amounts paid or incurred for the
acquisition of buildings and land, construction,
substantial rehabilitation, demolition of structures,
or environmental remediation, to the extent that the
neighborhood homes credit agency determines that such
amounts meet the standards specified pursuant to
subsection (f)(1)(C) (as of the date on which
construction or substantial rehabilitation is
substantially complete, as determined by such agency)
and are necessary to ensure the financial feasibility
of such qualified residence.
``(B) Considerations in making determination.--In
making the determination under subparagraph (A), the
neighborhood homes credit agency shall consider--
``(i) the sources and uses of funds and the
total financing,
``(ii) any proceeds or receipts generated
or expected to be generated by reason of tax
benefits, and
``(iii) the reasonableness of the
developmental costs and fees.
``(2) Eligible development costs.--The term `eligible
development costs' means the amount which would be reasonable
development costs if the amounts taken into account as paid or
incurred for the acquisition of buildings and land did not
exceed 75 percent of such costs determined without regard to
any amount paid or incurred for the acquisition of buildings
and land.
``(3) Substantial rehabilitation.--The term `substantial
rehabilitation' means amounts paid or incurred for
rehabilitation of a qualified residence if such amounts exceed
the greater of--
``(A) $20,000, or
``(B) 20 percent of the amounts paid or incurred by
the taxpayer for the acquisition of buildings and land
with respect to such qualified residence.
``(4) Construction and rehabilitation only after allocation
taken into account.--
``(A) In general.--The terms `reasonable
development costs' and `eligible development costs'
shall not include any amount paid or incurred before
the date on which an allocation is made to the taxpayer
under subsection (e) with respect to the qualified
project of which the qualified residence is part unless
such amount is paid or incurred for the acquisition of
buildings or land.
``(B) Land and building acquisition costs.--Amounts
paid or incurred for the acquisition of buildings or
land shall be included under paragraph (A) only if paid
or incurred not more than 3 years before the date on
which the allocation referred to in subparagraph (A) is
made. If the taxpayer acquired any building or land
from an entity (or any related party to such entity)
that holds an ownership interest in the taxpayer, then
such entity must also have acquired such property
within such 3-year period, and the acquisition cost
included under subparagraph (A) with respect to the
taxpayer shall not exceed the amount such entity paid
or incurred to acquire such property.
``(c) Qualified Residence.--For purposes of this section--
``(1) In general.--The term `qualified residence' means a
residence that--
``(A) is real property affixed on a permanent
foundation,
``(B) is--
``(i) a house which is comprised of 4 or
fewer residential units,
``(ii) a condominium unit, or
``(iii) a house or an apartment owned by a
cooperative housing corporation (as defined in
section 216(b)),
``(C) is part of a qualified project with respect
to which the neighborhood homes credit agency has made
an allocation under subsection (e), and
``(D) is located in a qualified census tract
(determined as of the date of such allocation).
``(2) Qualified census tract.--
``(A) In general.--The term `qualified census
tract' means a census tract--
``(i) which--
``(I) has a median family income
which does not exceed 80 percent of the
median family income for the applicable
area,
``(II) has a poverty rate that is
not less than 130 percent of the
poverty rate of the applicable area,
and
``(III) has a median value for
owner-occupied homes that does not
exceed the median value for owner-
occupied homes in the applicable area,
``(ii) which--
``(I) is located in a city which
has a population of not less than
50,000 and such city has a poverty rate
that is not less than 150 percent of
the poverty rate of the applicable
area,
``(II) has a median family income
which does not exceed the median family
income for the applicable area, and
``(III) has a median value for
owner-occupied homes that does not
exceed 80 percent of the median value
for owner-occupied homes in the
applicable area,
``(iii) which--
``(I) is located in a
nonmetropolitan county,
``(II) has a median family income
which does not exceed the median family
income for the applicable area, and
``(III) has been designated by a
neighborhood homes credit agency under
this clause, or
``(iv) which is not otherwise a qualified
census tract and is located in a disaster area
(as defined in section 7508A(d)(3)), but only
with respect to credits allocated in any period
during which the President of the United States
has determined that such area warrants
individual or individual and public assistance
by the Federal Government under the Robert T.
Stafford Disaster Relief and Emergency
Assistance Act.
``(B) Applicable area.--The term `applicable area'
means--
``(i) in the case of a metropolitan census
tract, the metropolitan area in which such
census tract is located, and
``(ii) in the case of a census tract other
than a census tract described in clause (i),
the State.
``(d) Affordable Sale.--For purposes of this section--
``(1) In general.--The term `affordable sale' means a sale
to a qualified homeowner of a qualified residence that the
neighborhood homes credit agency certifies as meeting the
standards promulgated under subsection (f)(1)(D) for a price
that does not exceed--
``(A) in the case of any qualified residence not
described in subparagraph (B), (C), or (D), the amount
equal to the product of 4 multiplied by the median
family income for the applicable area (as determined
pursuant to the most recent census data available as of
the date of the contract for such sale),
``(B) in the case of a house comprised of 2
residential units, 125 percent of the amount described
in subparagraph (A),
``(C) in the case of a house comprised of 3
residential units, 150 percent of the amount described
in subparagraph (A), or
``(D) in the case of a house comprised of 4
residential units, 175 percent of the amount described
in subparagraph (A).
``(2) Qualified homeowner.--The term `qualified homeowner'
means, with respect to a qualified residence, an individual--
``(A) who owns and uses such qualified residence as
the principal residence of such individual, and
``(B) whose family income (determined as of the
date that a binding contract for the affordable sale of
such residence is entered into) is 140 percent or less
of the median family income for the applicable area in
which the qualified residence is located.
``(e) Credit Ceiling and Allocations.--
``(1) Credit limited based on allocations to qualified
projects.--
``(A) In general.--The credit allowed under
subsection (a) to any taxpayer for any taxable year
with respect to one or more qualified residences which
are part of the same qualified project shall not exceed
the excess (if any) of--
``(i) the amount allocated by the
neighborhood homes credit agency under this
paragraph to such taxpayer with respect to such
qualified project, over
``(ii) the aggregate amount of credit
allowed under subsection (a) to such taxpayer
with respect to qualified residences which are
a part of such qualified project for all prior
taxable years.
``(B) Deadline for completion.--No credit shall be
allowed under subsection (a) with respect to any
qualified residence unless the affordable sale of such
residence is during the 5-year period beginning on the
date of the allocation to the qualified project of
which such residence is a part (or, in the case of a
qualified residence to which subsection (i) applies,
the rehabilitation of such residence is completed
during such 5-year period).
``(2) Limitations on allocations to qualified projects.--
``(A) Allocations limited by state neighborhood
homes credit ceiling.--The aggregate amount allocated
to taxpayers with respect to qualified projects by the
neighborhood homes credit agency of any State for any
calendar year shall not exceed the State neighborhood
homes credit amount of such State for such calendar
year.
``(B) Set-aside for certain projects involving
qualified nonprofit organizations.--Rules similar to
the rules of section 42(h)(5) shall apply for purposes
of this section.
``(3) Determination of state neighborhood homes credit
ceiling.--
``(A) In general.--The State neighborhood homes
credit amount for a State for a calendar year is an
amount equal to the sum of--
``(i) the greater of--
``(I) the product of $7, multiplied
by the State population (determined in
accordance with section 146(j)), or
``(II) $9,000,000, and
``(ii) any amount previously allocated to
any taxpayer with respect to any qualified
project by the neighborhood homes credit agency
of such State which can no longer be allocated
to any qualified residence because the 5-year
period described in paragraph (1)(B) expires
during calendar year.
``(B) 3-year carryforward of unused limitation.--
The State neighborhood homes credit amount for a State
for a calendar year shall be increased by the excess
(if any) of the State neighborhood homes credit amount
for such State for the preceding calendar year over the
aggregate amount allocated by the neighborhood homes
credit agency of such State during such preceding
calendar year. Any amount carried forward under the
preceding sentence shall not be carried past the third
calendar year after the calendar year in which such
credit amount originally arose, determined on a first-
in, first-out basis.
``(f) Responsibilities of Neighborhood Homes Credit Agencies.--
``(1) In general.--Notwithstanding subsection (e), the
State neighborhood homes credit dollar amount shall be zero for
a calendar year unless the neighborhood homes credit agency of
the State--
``(A) allocates such amount pursuant to a qualified
allocation plan of the neighborhood homes credit
agency,
``(B) allocates not more than 20 percent of amounts
allocated in the previous year (or for allocations made
in 2024, not more than 20 percent of the neighborhood
homes credit ceiling for such year) to projects with
respect to qualified residences which--
``(i) are located in census tracts
described in subsection (c)(2)(A)(iii),
(c)(2)(A)(iv), (i)(5), or
``(ii) are not located in a qualified
census tract but meet the requirements of
subsection (i)(8),
``(C) promulgates standards with respect to
reasonable qualified development costs and fees,
``(D) promulgates standards with respect to
construction quality,
``(E) in the case of any neighborhood homes credit
agency which makes an allocation to a qualified project
which includes any qualified residence to which
subsection (i) applies, promulgates standards with
respect to protecting the owners of such residences,
including the capacity of such owners to pay
rehabilitation costs not covered by the credit provided
by this section and providing for the disclosure to
such owners of their rights and responsibilities with
respect to the rehabilitation of such residences,
``(F) submits to the Secretary (at such time and in
such manner as the Secretary may prescribe) an annual
report specifying--
``(i) the amount of the neighborhood homes
credits allocated to each qualified project for
the previous year,
``(ii) with respect to each qualified
residence completed in the preceding calendar
year--
``(I) the census tract in which
such qualified residence is located,
``(II) with respect to the
qualified project that includes such
qualified residence, the year in which
such project received an allocation
under this section,
``(III) whether such qualified
residence was new, substantially
rehabilitated and sold to a qualified
homeowner, or substantially
rehabilitated pursuant to subsection
(i),
``(IV) the eligible development
costs of such qualified residence,
``(V) the amount of the
neighborhood homes credit with respect
to such qualified residence,
``(VI) the sales price of such
qualified residence, if applicable, and
``(VII) the family income of the
qualified homeowner (expressed as a
percentage of the applicable area
median family income for the location
of the qualified residence), and
``(iii) such other information as the
Secretary may require, and
``(G) makes available to the general public a
written explanation for any allocation of a
neighborhood homes credit dollar amount which is not
made in accordance with established priorities and
selection criteria of the neighborhood homes credit
agency.
Subparagraph (B) shall be applied by substituting `40 percent'
for `20 percent' each place it appears in the case of any State
in which at least 45 percent of the State population resides
outside metropolitan statistical areas (within the meaning of
section 143(k)(2)(B)) and less than 20 percent of the census
tracts located in the State are described in subsection
(c)(2)(A)(i).
``(2) Qualified allocation plan.--For purposes of this
subsection, the term `qualified allocation plan' means any plan
which--
``(A) sets forth the selection criteria to be used
to prioritize qualified projects for allocations of
State neighborhood homes credit dollar amounts,
including--
``(i) the need for new or substantially
rehabilitated owner-occupied homes in the area
addressed by the project,
``(ii) the expected contribution of the
project to neighborhood stability and
revitalization, including the impact on
neighborhood residents,
``(iii) the capability and prior
performance of the project sponsor, and
``(iv) the likelihood the project will
result in long-term homeownership,
``(B) has been made available for public comment,
and
``(C) provides a procedure that the neighborhood
homes credit agency (or any agent or contractor of such
agency) shall follow for purposes of--
``(i) identifying noncompliance with any
provisions of this section, and
``(ii) notifying the Internal Revenue
Service of any such noncompliance of which the
agency becomes aware.
``(g) Repayment.--
``(1) In general.--
``(A) Sold during 5-year period.--If a qualified
residence is sold during the 5-year period beginning
immediately after the affordable sale of such qualified
residence referred to in subsection (a), the seller
shall transfer an amount equal to the repayment amount
to the relevant neighborhood homes credit agency.
``(B) Use of repayments.--A neighborhood homes
credit agency shall use any amount received pursuant to
subparagraph (A) only for purposes of qualified
projects.
``(2) Repayment amount.--For purposes of paragraph (1)(A)--
``(A) In general.--The repayment amount is an
amount equal to the applicable percentage of the gain
from the sale to which the repayment relates.
``(B) Applicable percentage.--For purposes of
subparagraph (A), the applicable percentage is 50
percent, reduced by 10 percentage points for each year
of the 5-year period referred to in paragraph (1)(A)
which ends before the date of such sale.
``(3) Lien for repayment amount.--A neighborhood homes
credit agency receiving an allocation under this section shall
place a lien on each qualified residence that is built or
rehabilitated as part of a qualified project for an amount such
agency deems necessary to ensure potential repayment pursuant
to paragraph (1)(A).
``(4) Waiver.--
``(A) In general.--The neighborhood homes credit
agency may waive the repayment required under paragraph
(1)(A) if the agency determines that making a repayment
would constitute a hardship to the seller.
``(B) Hardship.--For purposes of subparagraph (A),
with respect to the seller, a hardship may include--
``(i) divorce,
``(ii) disability,
``(iii) illness, or
``(iv) any other hardship identified by the
neighborhood homes credit agency for purposes
of this paragraph.
``(h) Other Definitions and Special Rules.--For purposes of this
section--
``(1) Neighborhood homes credit agency.--The term
`neighborhood homes credit agency' means the agency designated
by the governor of a State as the neighborhood homes credit
agency of the State.
``(2) Qualified project.--The term `qualified project'
means a project that a neighborhood homes credit agency
certifies will build or substantially rehabilitate one or more
qualified residences.
``(3) Determinations of family income.--Rules similar to
the rules of section 143(f)(2) shall apply for purposes of this
section.
``(4) Possessions treated as states.--The term `State'
includes the District of Columbia and the possessions of the
United States.
``(5) Special rules related to condominiums and cooperative
housing corporations.--
``(A) Determination of development costs.--In the
case of a qualified residence described in clause (ii)
or (iii) of subsection (c)(1)(A), the reasonable
development costs and eligible development costs of
such qualified residence shall be an amount equal to
such costs, respectively, of the entire condominium or
cooperative housing property in which such qualified
residence is located, multiplied by a fraction--
``(i) the numerator of which is the total
floor space of such qualified residence, and
``(ii) the denominator of which is the
total floor space of all residences within such
property.
``(B) Tenant-stockholders of cooperative housing
corporations treated as owners.--In the case of a
cooperative housing corporation (as such term is
defined in section 216(b)), a tenant-stockholder shall
be treated as owning the house or apartment which such
person is entitled to occupy.
``(6) Related party sales not treated as affordable
sales.--
``(A) In general.--A sale between related persons
shall not be treated as an affordable sale.
``(B) Related persons.--For purposes of this
paragraph, a person (in this subparagraph referred to
as the `related person') is related to any person if
the related person bears a relationship to such person
specified in section 267(b) or 707(b)(1), or the
related person and such person are engaged in trades or
businesses under common control (within the meaning of
subsections (a) and (b) of section 52). For purposes of
the preceding sentence, in applying section 267(b) or
707(b)(1), `10 percent' shall be substituted for `50
percent'.
``(7) Inflation adjustment.--
``(A) In general.--In the case of a calendar year
after 2023, the dollar amounts in subsections
(b)(3)(A), (e)(3)(A)(i)(I), (e)(3)(A)(i)(II), and
(i)(2)(C) shall each 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 such
calendar year by substituting `calendar year
2022' for `calendar year 2016' in subparagraph
(A)(ii) thereof.
``(B) Rounding.--
``(i) In the case of the dollar amounts in
subsection (b)(3)(A) and (i)(2)(C), any
increase under paragraph (1) which is not a
multiple of $1,000 shall be rounded to the
nearest multiple of $1,000.
``(ii) In the case of the dollar amount in
subsection (e)(3)(A)(i)(I), any increase under
paragraph (1) which is not a multiple of $0.01
shall be rounded to the nearest multiple of
$0.01.
``(iii) In the case of the dollar amount in
subsection (e)(3)(A)(i)(II), any increase under
paragraph (1) which is not a multiple of
$100,000 shall be rounded to the nearest
multiple of $100,000.
``(8) Report.--
``(A) In general.--The Secretary shall annually
issue a report, to be made available to the public,
which contains the information submitted pursuant to
subsection (f)(1)(F).
``(B) De-identification.--The Secretary shall
ensure that any information made public pursuant to
subparagraph (A) excludes any information that would
allow for the identification of qualified homeowners.
``(9) List of qualified census tracts.--The Secretary of
Housing and Urban Development shall, for each year, make
publicly available a list of qualified census tracts under--
``(A) on a combined basis, clauses (i) and (ii) of
subsection (c)(2)(A),
``(B) clause (iii) of such subsection, and
``(C) subsection (i)(5)(A).
``(10) Denial of deductions if converted to rental
housing.--If, during the 5-year period beginning immediately
after the affordable sale of a qualified residence referred to
in subsection (a), an individual who owns a qualified residence
(whether or not such individual was the purchaser in such
affordable sale) fails to use such qualified residence as such
individual's principal residence for any period of time, no
deduction shall be allowed for expenses paid or incurred by
such individual with respect to renting, during such period of
time, such qualified residence.
``(i) Application of Credit With Respect to Owner-Occupied
Rehabilitations.--
``(1) In general.--In the case of a qualified
rehabilitation by the taxpayer of any qualified residence which
is owned (as of the date that the written binding contract
referred to in paragraph (3) is entered into) by a specified
homeowner, the rules of paragraphs (2) through (7) shall apply.
``(2) Alternative credit determination.--In the case of any
qualified residence described in paragraph (1), the
neighborhood homes credit determined under subsection (a) with
respect to such residence shall (in lieu of any credit
otherwise determined under subsection (a) with respect to such
residence) be allowed in the taxable year during which the
qualified rehabilitation is completed (as determined by the
neighborhood homes credit agency) and shall be equal to the
least of--
``(A) the excess (if any) of--
``(i) the amounts paid or incurred by the
taxpayer for the qualified rehabilitation of
the qualified residence to the extent that such
amounts are certified by the neighborhood homes
credit agency (at the time of the completion of
such rehabilitation) as meeting the standards
specified pursuant to subsection (f)(1)(C),
over
``(ii) any amounts paid to such taxpayer
for such rehabilitation,
``(B) 50 percent of the amounts described in
subparagraph (A)(i), or
``(C) $50,000.
``(3) Qualified rehabilitation.--
``(A) In general.--For purposes of this subsection,
the term `qualified rehabilitation' means a
rehabilitation or reconstruction performed pursuant to
a written binding contract between the taxpayer and the
specified homeowner if the amount paid or incurred by
the taxpayer in the performance of such rehabilitation
or reconstruction exceeds the dollar amount in effect
under subsection (b)(3)(A).
``(B) Application of limitation to expenses paid or
incurred after allocation.--A rule similar to the rule
of section (b)(4) shall apply for purposes of this
subsection.
``(4) Specified homeowner.--For purposes of this
subsection, the term `qualified homeowner' means, with respect
to a qualified residence, an individual--
``(A) who owns and uses such qualified residence as
the principal residence of such individual as of the
date that the written binding contract referred to in
paragraph (3) is entered into, and
``(B) whose family income (determined as of such
date) does not exceed the median family income for the
applicable area (with respect to the census tract in
which the qualified residence is located).
``(5) Additional census tracts in which owner-occupied
residences may be located.--In the case of any qualified
residence described in paragraph (1), the term `qualified
census tract' includes any census tract which--
``(A) meets the requirements of subsection
(c)(2)(A)(i) without regard to subclause (III) thereof,
and
``(B) is designated by the neighborhood homes
credit agency for purposes of this paragraph.
``(6) Modification of repayment requirement.--In the case
of any qualified residence described in paragraph (1),
subsection (g) shall be applied by beginning the 5-year period
otherwise described therein on the date on which the qualified
homeowner acquired such residence.
``(7) Related parties.--Paragraph (1) shall not apply if
the taxpayer is the owner of the qualified residence described
in paragraph (1) or is related (within the meaning of
subsection (h)(6)(B)) to such owner.
``(8) Pyrrhotite remediation.--The requirement of
subsection (c)(1)(C) shall not apply to a qualified
rehabilitation under this subsection of a qualified residence
that is documented by an engineer's report and core testing to
have a foundation that is adversely impacted by pyrrhotite or
other iron sulfide minerals.
``(j) Regulations.--The Secretary shall prescribe such regulations
as may be necessary or appropriate to carry out the purposes of this
section, including regulations that prevent avoidance of the rules, and
abuse of the purposes, of this section.''.
(c) Credit Allowed as Part of General Business Credit.--Section
38(b) of the Internal Revenue Code of 1986, as amended by section 213,
is amended by striking ``plus'' at the end of paragraph (41), by
striking the period at the end of paragraph (42) and inserting ``,
plus'', and by adding at the end the following new paragraph:
``(43) the neighborhood homes credit determined under
section 42B(a).''.
(d) Credit Allowed Against Alternative Minimum Tax.--Section
38(c)(4)(B) of the Internal Revenue Code of 1986 is amended by
redesignating clauses (iv) through (xii) as clauses (v) through (xiii),
respectively, and by inserting after clause (iii) the following new
clause:
``(iv) the credit determined under section
42B,''.
(e) Basis Adjustments.--
(1) Energy efficient home improvement credit.--Section
25C(g) of the Internal Revenue Code of 1986 is amended by
adding after the first sentence the following new sentence:
``This subsection shall not apply for purposes of determining
the eligible development costs or adjusted basis of any
building under section 42B.''.
(2) Residential clean energy credit.--Section 25D(f) of
such Code is amended by adding after the first sentence the
following new sentence: ``This subsection shall not apply for
purposes of determining the eligible development costs or
adjusted basis of any building under section 42B.''.
(3) New energy efficient home credit.--Section 45L(e) of
such Code is amended by inserting ``or for purposes of
determining the eligible development costs or adjusted basis of
any building under section 42B'' after ``section 42''.
(f) Exclusion From Gross Income.--Part III of subchapter B of
chapter 1 of the Internal Revenue Code of 1986 is amended by inserting
before section 140 the following new section:
``SEC. 139J. STATE ENERGY SUBSIDIES FOR QUALIFIED RESIDENCES.
``(a) Exclusion From Gross Income.--Gross income shall not include
the value of any subsidy provided to a taxpayer (whether directly or
indirectly) by any State energy office (as defined in section 124(a) of
the Energy Policy Act of 2005 (42 U.S.C. 15821(a))) for purposes of any
energy improvements made to a qualified residence (as defined in
section 42B(c)(1)).''.
(g) Conforming Amendments.--
(1) Subsections (i)(3)(C), (i)(6)(B)(i), and (k)(1) of
section 469 of the Internal Revenue Code of 1986, as amended by
section 213, are each amended by striking ``or 42A'' and
inserting ``, 42A, or 42B''.
(2) The table of sections for subpart D of part IV of
subchapter A of chapter 1 of such Code, as amended by section
213, is amended by inserting after the item relating to section
42A the following new item:
``Sec. 42B. Neighborhood homes credit.''.
(3) The table of sections for part III of subchapter B of
chapter 1 of such Code is amended by inserting before the item
relating to section 140 the following new item:
``Sec. 139J. State energy subsidies for qualified residences.''.
(h) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2023.
SEC. 215. FIRST-TIME HOMEBUYER REFUNDABLE CREDIT.
(a) In General.--Section 36 of the Internal Revenue Code of 1986 is
amended to read as follows:
``SEC. 36. FIRST-TIME HOMEBUYER REFUNDABLE CREDIT.
``(a) Allowance of Credit.--In the case of an individual who is a
first-time homebuyer of a principal residence in the United States
during a taxable year, there shall be allowed as a credit against the
tax imposed by this subtitle for such taxable year an amount equal to
20 percent of the purchase price of the residence.
``(b) Limitations; Special Rules Based on Marital and Filing
Status.--
``(1) Dollar limitation.--The credit allowed under
subsection (a) shall not exceed $15,000.
``(2) Limitation based on purchase price.--The amount
allowable as a credit under subsection (a) (determined without
regard to this paragraph and paragraph (3), and after the
application of paragraph (1)) for the taxable year shall be
reduced (but not below zero) by the amount which bears the same
ratio to the amount which is so allowable as--
``(A) the excess (if any) of--
``(i) the purchase price of the residence,
over
``(ii) an amount equal to 110 percent of
the conforming loan limit applicable to the
residence, bears to
``(B) $100,000.
For purposes of the preceding sentence, the term `conforming
loan limit' with respect to any residence means the applicable
limitation governing the maximum original principal obligation
for a mortgage secured by a residence of the same type, as
determined and adjusted annually under section 302(b)(2) of the
Federal National Mortgage Association Charter Act and section
305(a)(2) of the Federal Home Loan Mortgage Corporation Act.
``(3) Limitation based on modified adjusted gross income.--
``(A) In general.--The amount allowable as a credit
under subsection (a) (determined without regard to this
paragraph and after the application of paragraphs (1)
and (2)) for the taxable year shall be reduced (but not
below zero) by the amount which bears the same ratio to
the amount which is so allowable as--
``(i) the excess (if any) of--
``(I) the taxpayer's modified
adjusted gross income for the preceding
taxable year, over
``(II) the applicable threshold,
bears to
``(ii) $50,000.
``(B) Modified adjusted gross income.--For purposes
of subparagraph (A), the term `modified adjusted gross
income' with respect to any taxable year means the
adjusted gross income of the taxpayer for such taxable
year increased by any amount excluded from gross income
under section 911, 931, or 933 for such taxable year.
``(C) Applicable threshold.--For purposes of
subparagraph (A), the applicable threshold is--
``(i) except as provided in clauses (ii)
and (iii), $100,000,
``(ii) an amount equal to 150 percent of
the amount in effect under clause (i), in the
case of a head of household (as defined in
section 2(b)), and
``(iii) an amount equal to 200 percent of
the amount in effect under clause (i), in the
case of a joint return.
``(4) Additional limitations.--No credit shall be allowed
under subsection (a) with respect to the purchase of any
residence for a taxable year--
``(A) if the taxpayer is a nonresident alien, or
``(B) if--
``(i) the taxpayer has not attained age 18
as of the date of such purchase, or
``(ii) a deduction under section 151 with
respect to the taxpayer is allowable to another
taxpayer for the taxable year.
In the case of a taxpayer who is married, the taxpayer shall be
treated as meeting the age requirement of subparagraph (B)(i)
if the taxpayer or the taxpayer's spouse meets such age
requirement.
``(5) Multiple purchasers.--If 2 or more individuals who
are not married purchase a principal residence, the amount of
the credit under subsection (a) shall be allocated among such
individuals in such manner as the Secretary may prescribe by
taking into account the requirements of paragraphs (2) and (3),
except that the total amount of the credits allowed to all such
individuals shall not exceed the limitation under paragraph (1)
(as modified by paragraph (7)).
``(6) Married couples must file joint return.--If an
individual is married at the close of the taxable year, the
credit shall be allowed under subsection (a) only if the
individual and the individual's spouse file a joint return for
the taxable year.
``(7) Adjustment for inflation.--In the case of any taxable
year beginning after December 31, 2024, each of the dollar
amounts in paragraphs (1), (2)(A)(ii), and (3)(C)(i) shall be
increased by an amount equal to--
``(A) such dollar amount, multiplied by
``(B) the cost-of-living adjustment determined
under section 1(f)(3) for the calendar year in which
the taxable year begins, determined by substituting
`calendar year 2023' for `calendar year 2016' in
subparagraph (A)(ii) thereof.
Any increase determined under the preceding sentence shall be
rounded to the next lowest multiple of $50.
``(c) Definitions.--For purposes of this section--
``(1) First-time homebuyer.--
``(A) In general.--The term `first-time homebuyer'
means any individual who acquires a principal residence
located in the United States by purchase if such
individual (and, if married, such individual's
spouse)--
``(i) has not claimed any credit or
deduction under this title for any previous
taxable year with respect to the purchase or
ownership of any residence or residential real
estate (including for any expenditures relating
to the placing in service of any property on,
in connection with, or for use in such a
residence or real estate), and
``(ii) attests under penalty of perjury
that--
``(I) the individual (and, if
married, the individual's spouse) has
not owned a principal residence at any
time prior to the purchase of the
principal residence to which this
section applies, and
``(II) the principal residence to
which this section applies was not
acquired from a person related to such
individual or spouse.
``(B) Waiver in case of certain changes in
status.--The Secretary may, in such manner as the
Secretary may prescribe, waive the requirements of
subparagraph (A) for a taxable year in the case of an
individual who is not eligible to file a joint return
for the taxable year, and who was married at the time
the individual or the individual's former spouse
purchased a previous residence.
``(2) Principal residence.--The term `principal residence'
has the same meaning as when used in section 121.
``(3) Purchase.--
``(A) In general.--The term `purchase' means any
acquisition, but only if--
``(i) the property is not acquired from a
person related to the person acquiring such
property (or, if either such person is married,
such individual's spouse), and
``(ii) the basis of the property in the
hands of the person acquiring such property is
not determined--
``(I) in whole or in part by
reference to the adjusted basis of such
property in the hands of the person
from whom acquired, or
``(II) under section 1014(a).
``(B) Construction.--A residence which is
constructed by the taxpayer shall be treated as
purchased by the taxpayer on the date the taxpayer
first occupies such residence.
``(4) Purchase price.--The term `purchase price' means the
adjusted basis (without regard to any reduction under section
1016(a)(38)) of the principal residence on the date such
residence is purchased.
``(5) Related persons.--A person shall be treated as
related to another person if the relationship between such
persons would result in the disallowance of losses under
section 267 or 707(b) (but, in applying subsections (b) and (c)
of section 267 for purposes of this section, paragraph (4) of
section 267(c) shall be treated as providing that the family of
an individual shall include only the individual's spouse,
ancestors, lineal descendants, and spouse's ancestors and
lineal descendants).
``(6) Marital status.--An individual's marital status shall
be determined in accordance with section 7703.
``(d) Denial and Recapture Rules in Case of Disposal of Residence
Within 6 Taxable Years.--
``(1) Denial of credit in case of disposal within taxable
year.--No credit under subsection (a) shall be allowed to any
taxpayer for any taxable year with respect to the purchase of a
residence if the taxpayer disposes of such residence (or such
residence ceases to be the principal residence of the taxpayer
(and, if married, the taxpayer's spouse)) before the close of
such taxable year.
``(2) Phased-out recapture.--
``(A) In general.--Except as provided in
subparagraph (D), if the taxpayer disposes of the
residence with respect to which a credit was allowed
under subsection (a) (or such residence ceases to be
the principal residence of the taxpayer (and, if
married, the taxpayer's spouse)) during the 5-taxable-
year period beginning with the taxable year immediately
following the credit year, the tax imposed by this
chapter for the taxable year in which such disposal (or
cessation) occurs shall be increased by an amount equal
to the recapture percentage of the amount of the credit
so allowed.
``(B) Credit year.--For purposes of subparagraph
(A), the term `credit year' means the taxable year in
which the credit under subsection (a) was allowed.
``(C) Recapture percentage.--For purposes of
subparagraph (A), the recapture percentage with respect
to any disposal or cessation described in such
subparagraph shall be determined in accordance with the
following table:
``If the disposal or The recapture
cessation occurs in: percentage is:
The 1st taxable year beginning after the 100 percent
credit year.
The 2nd taxable year beginning after the 80 percent
credit year.
The 3rd taxable year beginning after the 60 percent
credit year.
The 4th taxable year beginning after the 40 percent
credit year.
The 5th taxable year beginning after the 20 percent.
credit year.
``(D) Exceptions.--This paragraph shall not apply
in the case of a disposal or cessation described in
subparagraph (A) which occurs after or incident to any
of the following:
``(i) Death of the taxpayer or the
taxpayer's spouse.
``(ii) Divorce of the taxpayer.
``(iii) Involuntary conversion of the
residence (within the meaning of section
121(d)(5)(A)).
``(iv) Relocation of duty station or
qualified official extended duty (as defined in
section 121(d)(9)(C)) of the taxpayer or the
taxpayer's spouse who is a member of the
uniformed services (as defined in section
121(d)(9)(C)(ii)), a member of the Foreign
Service of the United States (as defined in
section 121(d)(9)(C)(iii)), or an employee of
the intelligence community (as defined in
section 121(d)(9)(C)(iv)).
``(v) Change of employment of the taxpayer
or the taxpayer's spouse which meets the
conditions of section 217(c).
``(vi) Loss of employment, health
conditions, or such other unforeseen
circumstances as may be specified by the
Secretary.
``(e) Adjustment to Basis.--For purposes of this subtitle, if a
credit is allowed under this section with respect to any property, the
taxpayer's basis in such property shall be reduced by the amount of the
credit so allowed.
``(f) Reporting.--
``(1) In general.--A credit shall be allowed under this
section only if the following are included on the return of
tax:
``(A) The individual's (and, if married, the
individual's spouse's) social security number issued by
the Social Security Administration.
``(B) The street address (not including a post
office box) of the principal residence purchased.
``(C) The purchase price of the principal
residence.
``(D) The date of purchase of the principal
residence.
``(E) The closing disclosure relating to the
purchase (in the case of a purchase financed by a
mortgage).
``(2) Reporting of real estate transactions.--If the
Secretary requires information reporting under section 6045 by
a person described in subsection (e)(2) thereof to verify the
eligibility of taxpayers for the credit allowable by this
section, the exception provided by section 6045(e)(5) shall not
apply.''.
(b) Conforming Amendment Relating to Basis Adjustment.--Subsection
(a) of section 1016 of the Internal Revenue Code of 1986, as amended by
section 213, is further amended--
(1) by redesignating paragraphs (38) and (39) as paragraphs
(39) and (40), respectively; and
(2) by inserting after paragraph (37) the following new
paragraph:
``(38) to the extent provided in section 36(e).''.
(c) Conforming Amendment.--Section 26(b)(2) of the Internal Revenue
Code of 1986 is amended by striking subparagraph (W) and by
redesignating subparagraphs (X), (Y), and (Z) as subparagraphs (W),
(X), and (Y), respectively.
(d) Clerical Amendment.--The item relating to section 36 in the
table of sections for subpart C of part IV of subchapter A of chapter 1
of the Internal Revenue Code of 1986 is amended to read as follows:
``Sec. 36. First-time homebuyer refundable credit.''.
(e) Authority To Treat Claim of Credit as Error, etc.--Subparagraph
(N) of section 6213(g)(2) of the Internal Revenue Code of 1986 is
amended to read as follows:
``(N) in the case of a return claiming the credit
under section 36--
``(i) the omission of a social security
number required under section 36(f)(1)(A),
``(ii) the inclusion of a social security
number so required if--
``(I) the claim of the credit on
the return reflects the treatment of
such individual as being of an age
different from the individual's age
based on such social security number,
or
``(II) except as provided in
section 36(c)(1)(B), such social
security number has been included
(other than as a dependent for purposes
of section 151) on a return for any
previous taxable year claiming any
credit or deduction described in
section 36(c)(1)(A)(i),
``(iii) the omission of any other required
information or documentation described in
section 36(f)(1), including the inclusion of a
post office box instead of a street address for
the purchased residence,
``(iv) the inclusion of any information or
documentation described in clause (iii) if such
information or documentation does not support a
valid claim for the credit, or
``(v) a claim of such credit for a taxable
year with respect to the purchase of a
residence made after the last day of such
taxable year,''.
(f) IRS Recordkeeping.--Notwithstanding the limitations on
assessment and collection under section 6501 of the Internal Revenue
Code of 1986, the Commissioner of Internal Revenue shall maintain
records of returns and return information (as defined in section
6103(b)(2) of such Code) of any taxpayer claiming the credit under
section 36 of such Code (as amended by this section) for the taxable
year in which such credit is claimed and succeeding taxable years in
the individual master files of the Internal Revenue Service.
(g) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2023.
<all>
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118S681
|
Facial Recognition and Biometric Technology Moratorium Act of 2023
|
[
[
"M000133",
"Sen. Markey, Edward J. [D-MA]",
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[
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"Sen. Wyden, Ron [D-OR]",
"cosponsor"
]
] |
<html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 681 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 681
To prohibit biometric surveillance by the Federal Government without
explicit statutory authorization and to withhold certain Federal public
safety grants from State and local governments that engage in biometric
surveillance.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
March 7, 2023
Mr. Markey (for himself, Mr. Merkley, Ms. Warren, Mr. Sanders, and Mr.
Wyden) introduced the following bill; which was read twice and referred
to the Committee on the Judiciary
_______________________________________________________________________
A BILL
To prohibit biometric surveillance by the Federal Government without
explicit statutory authorization and to withhold certain Federal public
safety grants from State and local governments that engage in biometric
surveillance.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Facial Recognition and Biometric
Technology Moratorium Act of 2023''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Biometric surveillance system.--The term ``biometric
surveillance system'' means any computer software that performs
facial recognition or other remote biometric recognition in
real time or on a recording or photograph.
(2) Byrne grant program.--The term ``Byrne grant program''
means the grant program authorized under subpart 1 of part E of
title I of the Omnibus Crime Control and Safe Streets Act of
1968 (34 U.S.C. 10151 et seq.), whether characterized as the
Edward Byrne Memorial State and Local Law Enforcement
Assistance Programs, the Local Government Law Enforcement Block
Grants Program, the Edward Byrne Memorial Justice Assistance
Grant Program, or otherwise.
(3) Facial recognition.--The term ``facial recognition''
means an automated or semi-automated process that--
(A) assists in identifying an individual, capturing
information about an individual, or otherwise
generating or assisting in generating surveillance
information about an individual based on the physical
characteristics of the individual's face; or
(B) logs characteristics of an individual's face,
head, or body to infer emotion, associations,
activities, or the location of an individual.
(4) Federal official.--The term ``Federal official'' means
any officer, employee, agent, contractor, or subcontractor of
the United States Government.
(5) In the united states.--The term ``in the United
States'' means all areas within the external boundary of the
United States, its territories and possessions, including
airports, ports of entry, and border zones.
(6) Other remote biometric recognition.--The term ``other
remote biometric recognition''--
(A) means an automated or semi-automated process
that--
(i) assists in identifying an individual,
capturing information about an individual, or
otherwise generating or assisting in generating
surveillance information about an individual
based on the characteristics of the
individual's gait or other immutable
characteristic ascertained from a distance;
(ii) uses voice recognition technology; or
(iii) logs such characteristics to infer
emotion, associations, activities, or the
location of an individual; and
(B) does not include identification based on
fingerprints or palm prints.
(7) Voice recognition technology.--The term ``voice
recognition technology'' means the automated or semi-automated
process that assists in identifying or verifying an individual
based on the characteristics of an individual's voice.
SEC. 3. PROHIBITION ON FEDERAL GOVERNMENT USE OF BIOMETRIC
SURVEILLANCE.
(a) In General.--Except as provided in subsection (b), it shall be
unlawful for any Federal agency or Federal official, in an official
capacity, to acquire, possess, access, or use in the United States--
(1) any biometric surveillance system; or
(2) information derived from a biometric surveillance
system operated by another entity.
(b) Exception.--The prohibition set forth in subsection (a) does
not apply to activities explicitly authorized by an Act of Congress
that describes, with particularity--
(1) the entities permitted to use the biometric
surveillance system, the specific type of biometric authorized,
the purposes for such use, and any prohibited uses;
(2) standards for use and management of information derived
from the biometric surveillance system, including data
retention, sharing, access, and audit trails;
(3) auditing requirements to ensure the accuracy of
biometric surveillance system technologies, standards for
minimum accuracy rates, and accuracy rates by gender, skin
color, and age;
(4) rigorous protections for due process, privacy, free
speech and association, and racial, gender, and religious
equity; and
(5) mechanisms to ensure compliance with the provisions of
the Act.
(c) Judicial Investigations and Proceedings.--
(1) Admissibility.--Except in a judicial investigation or
proceeding alleging a violation of this section, information
obtained in violation of this section is not admissible by the
Federal Government in any criminal, civil, administrative, or
other investigation or proceeding.
(2) Cause of action.--
(A) In general.--A violation of this section
constitutes an injury to any individual aggrieved by a
violation of this Act.
(B) Right to sue.--An individual described in
subparagraph (A) may institute proceedings against the
Federal Government whose official is alleged to have
violated this section for the relief described in
subparagraph (D) in any court of competent
jurisdiction.
(C) Enforcement by state attorneys general.--The
chief law enforcement officer of a State, or any other
State officer authorized by law to bring actions on
behalf of the residents of a State, may bring a civil
action, as parens patriae, on behalf of the residents
of that State in an appropriate district court of the
United States to enforce this Act, whenever the chief
law enforcement officer or other State officer has
reason to believe that the interests of the residents
of the State have been or are being threatened or
adversely affected by a violation of this Act.
(D) Relief.--In a civil action brought under
subparagraph (B) in which the plaintiff prevails, the
court may award--
(i) actual damages;
(ii) punitive damages;
(iii) reasonable attorneys' fees and costs;
and
(iv) any other relief, including injunctive
relief, that the court determines to be
appropriate.
(d) Civil Penalties.--Any Federal official who is found to have
violated this section may be subject to retraining, suspension,
termination, or any other penalty, as determined in an appropriate
tribunal, subject to applicable due process requirements.
(e) Federal Funding.--
(1) In general.--No Federal funds may be obligated or
expended by a Federal law enforcement agency for the purchase
or use of a biometric surveillance system.
(2) Unallocated funds.--No Federal agency may use any
unallocated funds appropriated to the agency for the purchase
or use of a biometric surveillance system.
(f) Rules of Construction.--Nothing in this section may be
construed--
(1) to prohibit the National Institute of Standards and
Technology (NIST) from testing or researching biometric
surveillance systems or other remote biometric recognition
technologies in commercial use; or
(2) to preempt or supersede any Federal, State, or local
law that imposes a more stringent limitation than the
limitations described in this section.
SEC. 4. MORATORIUM ON STATE AND LOCAL GOVERNMENT USE OF BIOMETRIC
SURVEILLANCE SYSTEMS.
(a) Federal Financial Assistance.--Beginning on the first day of
the first fiscal year beginning after the date of the enactment of this
Act, a State or unit of local government is ineligible to receive
Federal financial assistance under the Byrne grant program unless the
State or unit of local government is complying with a law or policy
that is substantially similar to the prohibition set forth in section
3(a).
(b) Rule of Construction.--Nothing in this section may be construed
to preempt or supersede any Federal, State, or local law that imposes a
more stringent limitation than the prohibition set forth in section
3(a).
<all>
</pre></body></html>
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118S682
|
PARTNER with ASEAN Act
|
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[
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],
[
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] |
<html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 682 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 682
To provide for the treatment of the Association of Southeast Asian
Nations (ASEAN) as an international organization for purposes of the
International Organizations Immunities Act, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
March 7, 2023
Mr. Menendez (for himself, Mr. Risch, Ms. Duckworth, and Mr. Romney)
introduced the following bill; which was read twice and referred to the
Committee on Foreign Relations
_______________________________________________________________________
A BILL
To provide for the treatment of the Association of Southeast Asian
Nations (ASEAN) as an international organization for purposes of the
International Organizations Immunities 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 ``Providing Appropriate Recognition
and Treatment Needed to Enhance Relations with ASEAN Act'' or the
``PARTNER with ASEAN Act''.
SEC. 2. STATEMENT OF POLICY ON DEEPENING COOPERATION WITH ASEAN.
It is the policy of the United States--
(1) to reaffirm the United States-ASEAN Comprehensive
Strategic Partnership, established in 2022 following 45 years
of Dialogue Partnership;
(2) to enhance United States-ASEAN cooperation in support
of an open, transparent, resilient, inclusive and rules-based
regional architecture in the Indo-Pacific;
(3) to support regular, high-level United States official
engagement with ASEAN, including the participation in the
annual ASEAN Summit held each year;
(4) to enhance cooperation with ASEAN member states as well
as with the institution of ASEAN and the ASEAN Secretariat,
including through the United States Mission to ASEAN, led by
the United States Ambassador to ASEAN; and
(5) to welcome the decision in-principle by ASEAN to admit
Timor-Leste to be ASEAN's 11th member state and to encourage
United States support to Timor-Leste in its capacity as an
official ASEAN observer.
SEC. 3. SENSE OF CONGRESS ON THE ESTABLISHMENT OF AN ASEAN DELEGATION
TO THE UNITED STATES.
It is the sense of Congress that it is in the United States
interest to encourage the establishment, at the earliest opportunity,
of an ASEAN delegation to the United States, to enhance cooperation
between ASEAN and the United States at all levels.
SEC. 4. EXTENSION OF DIPLOMATIC IMMUNITIES TO THE ASSOCIATION OF
SOUTHEAST ASIAN NATIONS.
The provisions of the International Organizations Immunities Act
(22 U.S.C. 288 et seq.) may be extended to the Association of Southeast
Asian Nations in the same manner, to the same extent, and subject to
the same conditions as such provisions may be extended to a public
international organization in which the United States participates
pursuant to any treaty or under the authority of any Act of Congress
authorizing such participation or making an appropriation for such
participation.
<all>
</pre></body></html>
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[
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"ASEAN countries",
"Asia",
"Brunei",
"Burma",
"Cambodia",
"Indonesia",
"International law and treaties",
"International organizations and cooperation",
"Laos",
"Malaysia",
"Philippines",
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] |
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118S683
|
Berryessa Snow Mountain National Monument Expansion Act
|
[
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"P000145",
"Sen. Padilla, Alex [D-CA]",
"sponsor"
],
[
"F000062",
"Sen. Feinstein, Dianne [D-CA]",
"cosponsor"
]
] |
<p><strong>Berryessa Snow Mountain National Monument Expansion Act</strong></p> <p>This bill modifies the boundary of the Berryessa Snow Mountain National Monument to include the Walker Ridge (Molok Luyuk) Addition, which is approximately 3,925 acres of federal land administered by the Bureau of Land Management (BLM) in Lake County, California.</p> <p>The Department of the Interior shall administer the addition as part of the monument.</p> <p> Interior and the Department of Agriculture (USDA) shall jointly develop a comprehensive management plan for the monument in accordance with, and in a manner that fulfills the purposes specified in, Presidential Proclamation 9298 of July 10, 2015, relating to the establishment of the monument. </p> <p>The BLM or the Forest Service shall enter into agreements, contracts, and other similarly cooperative and collaborative partnerships if requested by an affected federally recognized Indian tribe regarding management of the monument pursuant to the relevant federal authority. </p>
|
<html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 683 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 683
To modify the boundary of the Berryessa Snow Mountain National Monument
to include certain Federal land in Lake County, California, and for
other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
March 7, 2023
Mr. Padilla (for himself and Mrs. Feinstein) introduced the following
bill; which was read twice and referred to the Committee on Energy and
Natural Resources
_______________________________________________________________________
A BILL
To modify the boundary of the Berryessa Snow Mountain National Monument
to include certain Federal land in Lake County, California, and for
other 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 ``Berryessa Snow Mountain National
Monument Expansion Act''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Board.--The term ``Board'' means the Board on
Geographic Names established by section 2 of the Act of July
25, 1947 (61 Stat. 456, chapter 330; 43 U.S.C. 364a).
(2) Map.--The term ``Map'' means the map entitled
``Proposed Walker Ridge (Molok Luyuk) Addition Berryessa Snow
Mountain National Monument'' and dated October 26, 2021.
(3) Molok luyuk.--The term ``Molok Luyuk'' means Condor
Ridge (in the Patwin language).
(4) National monument.--The term ``National Monument''
means the Berryessa Snow Mountain National Monument established
by Presidential Proclamation 9298, dated July 10, 2015 (80 Fed.
Reg. 41975), including all land, interests in the land, and
objects on the land identified in that Presidential
Proclamation.
(5) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(6) Walker ridge (molok luyuk) addition.--The term ``Walker
Ridge (Molok Luyuk) Addition'' means the approximately 3,925
acres of Federal land (including any interests in, or objects
on, the land) administered by the Bureau of Land Management in
Lake County, California, and identified as ``Proposed Walker
Ridge (Molok Luyuk) Addition'' on the Map.
SEC. 3. NATIONAL MONUMENT EXPANSION.
(a) Boundary Modification.--The boundary of the National Monument
is modified to include the Walker Ridge (Molok Luyuk) Addition.
(b) Map.--
(1) Corrections.--The Secretary may make clerical and
typographical corrections to the Map.
(2) Public availability; effect.--The Map and any
corrections to the Map under paragraph (1) shall--
(A) be publicly available on the website of the
Bureau of Land Management; and
(B) have the same force and effect as if included
in this Act.
(c) Administration.--Subject to valid existing rights, the
Secretary shall administer the Walker Ridge (Molok Luyuk) Addition--
(1) as part of the National Monument;
(2) in accordance with Presidential Proclamation 9298,
dated July 10, 2015 (80 Fed. Reg. 41975); and
(3) in accordance with applicable laws (including
regulations).
SEC. 4. MANAGEMENT PLAN.
(a) In General.--Not later than 1 year after the date of enactment
of this Act, the Secretary and the Secretary of Agriculture shall
jointly develop a comprehensive management plan for the National
Monument in accordance with, and in a manner that fulfills the purposes
described in, Presidential Proclamation 9298, dated July 10, 2015 (80
Fed. Reg. 41975).
(b) Tribal Consultation.--The Secretary and the Secretary of
Agriculture shall consult with affected federally recognized Indian
Tribes in--
(1) the development of the management plan under subsection
(a); and
(2) making management decisions relating to the National
Monument.
(c) Continued Engagement With Indian Tribes.--The management plan
developed under subsection (a) shall set forth parameters for continued
meaningful engagement with affected federally recognized Indian Tribes
in the implementation of the management plan.
(d) Effect.--Nothing in this Act affects the conduct of fire
mitigation or suppression activities at the National Monument,
including through the use of existing agreements.
SEC. 5. AGREEMENTS AND PARTNERSHIPS.
To the maximum extent practicable and in accordance with applicable
laws, on request of an affected federally recognized Indian Tribe, the
Secretary (acting through the Director of the Bureau of Land
Management) and the Secretary of Agriculture (acting through the Chief
of the Forest Service) shall enter into agreements, contracts, and
other cooperative and collaborative partnerships with the federally
recognized Indian Tribe regarding management of the National Monument
under relevant Federal authority, including--
(1) the Indian Self-Determination and Education Assistance
Act (25 U.S.C. 5301 et seq.);
(2) the Federal Land Policy and Management Act of 1976 (43
U.S.C. 1701 et seq.);
(3) the Tribal Self-Governance Act of 1994 (25 U.S.C. 5361
et seq.);
(4) the Tribal Forest Protection Act of 2004 (25 U.S.C.
3115a et seq.);
(5) the good neighbor authority under section 8206 of the
Agricultural Act of 2014 (16 U.S.C. 2113a);
(6) Executive Order 13175 (25 U.S.C. 5301 note; relating to
consultation and coordination with Indian Tribal governments);
(7) Secretarial Order 3342, issued by the Secretary on
October 21, 2016 (relating to identifying opportunities for
cooperative and collaborative partnerships with federally
recognized Indian Tribes in the management of Federal lands and
resources); and
(8) Joint Secretarial Order 3403, issued by the Secretary
and the Secretary of Agriculture on November 15, 2021 (relating
to fulfilling the trust responsibility to Indian Tribes in the
stewardship of Federal lands and waters).
SEC. 6. DESIGNATION OF CONDOR RIDGE (MOLOK LUYUK) IN LAKE AND COLUSA
COUNTIES, CALIFORNIA.
(a) In General.--The parcel of Federal land administered by the
Bureau of Land Management located in Lake and Colusa Counties in the
State of California and commonly referred to as ``Walker Ridge'' shall
be known and designated as ``Condor Ridge (Molok Luyuk)''.
(b) References.--Any reference in a law, map, regulation, document,
paper, or other record of the United States to the parcel of Federal
land described in subsection (a) shall be deemed to be a reference to
``Condor Ridge (Molok Luyuk)''.
(c) Map and Legal Description.--
(1) Preparation.--
(A) Initial map.--The Board shall prepare a map and
legal description of the parcel of Federal land
designated by subsection (a).
(B) Corrections.--The Board and the Director of the
Bureau of Land Management may make clerical and
typographical corrections to the map and legal
description prepared under subparagraph (A).
(2) Consultation.--In preparing the map and legal
description under paragraph (1)(A), the Board shall consult
with--
(A) the Director of the Bureau of Land Management;
and
(B) affected federally recognized Indian Tribes.
(3) Public availability; effect.--The map and legal
description prepared under paragraph (1)(A) and any correction
to the map or legal description made under paragraph (1)(B)
shall--
(A) be publicly available on the website of the
Board, the Bureau of Land Management, or both;
(B) be subject to a public notice and comment
period of not less than 30 days; and
(C) have the same force and effect as if included
in this Act.
<all>
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118S684
|
This Land Is Our Land Act
|
[
[
"H001089",
"Sen. Hawley, Josh [R-MO]",
"sponsor"
]
] |
<html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 684 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 684
To prohibit the acquisition and ownership of agricultural land by
certain foreign entities, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
March 7, 2023
Mr. Hawley introduced the following bill; which was read twice and
referred to the Committee on Agriculture, Nutrition, and Forestry
_______________________________________________________________________
A BILL
To prohibit the acquisition and ownership of agricultural land by
certain foreign entities, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``This Land Is Our Land Act''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Agricultural land.--
(A) In general.--The term ``agricultural land''
means--
(i) land used for farming, ranching, or
timber production;
(ii) land used for food processing; and
(iii) land that--
(I) is currently idle; and
(II) was used within the previous 5
years for farming, ranching, or timber
production.
(B) Related definitions.--In subparagraph (A):
(i) Farming, ranching, or timber
production.--The term ``farming, ranching, or
timber production'' includes activities set
forth in the Standard Industrial Classification
Manual (1987), Division A.
(ii) Food processing.--The term ``food
processing'' includes activities set forth in
the Standard Industrial Classification Manual
(1987), Division D, Major Group 20.
(2) Covered foreign entity.--The term ``covered foreign
entity'' means--
(A) a corporation that is incorporated in the
People's Republic of China, including the Special
Administrative Regions of China, including Hong Kong
and Macau;
(B) a person, business trust, business association,
company, institution, government agency, university,
partnership, limited liability company, corporation, or
any other individual or organization that can legally
enter into contracts, own properties, or pay taxes on
behalf of the Government of the People's Republic of
China;
(C) an individual or organization affiliated with
the Chinese Communist Party;
(D) an entity owned or controlled by, or that
performs activities on behalf of, an individual,
organization, or person described in subparagraph (A),
(B), or (C); and
(E) an individual that is a member of the board of
directors, an executive officer, or a senior official
of a corporation or organization described in
subparagraph (A), (B), (C), or (D).
(3) Noncompete agreement.--The term ``noncompete
agreement'' means an agreement entered into between an employer
and an employee that restricts that employee from performing,
after the employment relationship between the employer and the
employee terminates, any of the following:
(A) Any work for another employer for a specified
period of time.
(B) Any work in a specified geographical area.
(C) Any work for another employer that is similar
to that employee's work for the employer that is a
party to that agreement.
(4) Secretary.--The term ``Secretary'' means the Secretary
of Agriculture.
(5) State.--The term ``State'' means each of the several
States of the United States.
(6) Territory.--The term ``territory'' means--
(A) the District of Columbia;
(B) the Commonwealth of Puerto Rico;
(C) the United States Virgin Islands;
(D) Guam;
(E) the Commonwealth of the Northern Mariana
Islands; and
(F) American Samoa.
(7) United states agricultural land.--The term ``United
States agricultural land'' means agricultural land located in a
State or territory.
SEC. 3. PROHIBITION OF ACQUISITION, LEASING, OR OWNERSHIP OF UNITED
STATES AGRICULTURAL LAND BY COVERED FOREIGN ENTITIES.
(a) Prohibition of Acquisition of Agricultural Land.--It shall be
unlawful for a covered foreign entity--
(1) to acquire any interest in United States agricultural
land; or
(2) to lease any interest in United States agricultural
land.
(b) Divestment Requirement.--
(1) In general.--Not later than 2 years after the date of
enactment of this Act, a covered foreign entity that owns or
leases an interest in United States agricultural land shall
divest itself from any ownership or lease interests in United
States agricultural land.
(2) Letters of intent.--Not later than 1 year after the
date of enactment of this Act, a covered foreign entity that
owns or leases an interest in United States agricultural land
shall sign a letter of intent to divest itself from any
ownership or lease interests in United States agricultural
land.
(c) Penalty.--The Secretary shall fine a covered foreign entity
that owns or leases an interest in United States agricultural land in
violation of subsection (a) or (b) in an amount equal to $100 per acre
per day that the covered entity owns or leases the interest in
violation of subsection (a) or (b).
(d) Criminal Enforcement.--
(1) Penalties.--A covered foreign entity that violates
subsection (a) or (b) shall be fined under title 18, United
States Code, imprisoned for not more than 5 years, or both.
(2) Forfeiture.--
(A) In general.--In an action brought by the
Attorney General, any United States agricultural land
owned in violation of subsection (a) or (b) shall be
subject to forfeiture to the United States in
accordance with chapter 46 of title 18, United States
Code.
(B) Public auction of forfeited land.--
Notwithstanding section 981(e) of title 18, United
States Code, the Attorney General shall sell through a
public auction any United States agricultural land that
is forfeited to the United States under this paragraph.
(e) Nullification of Agreements.--Notwithstanding any other
provision of law, any noncompete agreement entered into between a
covered foreign entity that owns or leases an interest in United States
agricultural land and an employee of the covered foreign entity shall
have no force or effect.
(f) Implementation.--
(1) In general.--Not later than 180 days after the date of
enactment of this Act, the Secretary, in coordination with the
Attorney General, shall issue guidance and regulations to
implement this Act.
(2) Office.--Not later than 180 days after the date of
enactment of this Act, the Secretary shall establish an office
within the Department of Agriculture for the purpose of--
(A) monitoring compliance with this Act; and
(B) imposing fines under subsection (c).
(g) Investigative Actions.--The Secretary may carry out such
actions as the Secretary determines to be necessary to monitor
compliance with this Act.
<all>
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|
118S685
|
Stopping Border Surges Act
|
[
[
"L000577",
"Sen. Lee, Mike [R-UT]",
"sponsor"
],
[
"C001098",
"Sen. Cruz, Ted [R-TX]",
"cosponsor"
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[
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"Sen. Tuberville, Tommy [R-AL]",
"cosponsor"
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[
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"Sen. Daines, Steve [R-MT]",
"cosponsor"
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[
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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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[
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[
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"cosponsor"
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"cosponsor"
],
[
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"Sen. Ernst, Joni [R-IA]",
"cosponsor"
],
[
"B001305",
"Sen. Budd, Ted [R-NC]",
"cosponsor"
]
] |
<html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 685 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 685
To close loopholes in the immigration laws that serve as incentives to
aliens to attempt to enter the United States unlawfully, and for other
purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
March 7, 2023
Mr. Lee (for himself, Mr. Cruz, Mr. Tuberville, Mr. Daines, Mrs. Britt,
Mrs. Blackburn, Mr. Cotton, Mr. Moran, Mr. Graham, Mr. Grassley, Mr.
Braun, and Ms. Ernst) introduced the following bill; which was read
twice and referred to the Committee on the Judiciary
_______________________________________________________________________
A BILL
To close loopholes in the immigration laws that serve as incentives to
aliens to attempt to enter the United States unlawfully, and for other
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 ``Stopping Border
Surges Act''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
TITLE I--UNACCOMPANIED ALIEN CHILDREN
Sec. 101. Repatriation of unaccompanied alien children.
Sec. 102. Clarification of standards for family detention.
Sec. 103. Special immigrant juvenile status for immigrants unable to
reunite with either parent.
TITLE II--ASYLUM REFORM
Sec. 201. Clarification of asylum eligibility.
Sec. 202. Safe third country.
Sec. 203. Application timing.
Sec. 204. Clarification of burden of proof.
Sec. 205. Anti-fraud investigative work product.
Sec. 206. Additional exception.
Sec. 207. Jurisdiction of asylum applications.
Sec. 208. Renunciation of asylum status pursuant to return to home
country.
Sec. 209. Clarification regarding employment eligibility.
Sec. 210. Notice concerning frivolous asylum applications.
Sec. 211. Credible fear interviews.
Sec. 212. Recording expedited removal and credible fear interviews.
Sec. 213. Penalties for asylum fraud.
Sec. 214. Statute of limitations for asylum fraud.
Sec. 215. Technical amendments.
TITLE I--UNACCOMPANIED ALIEN CHILDREN
SEC. 101. REPATRIATION OF UNACCOMPANIED ALIEN CHILDREN.
(a) In General.--Section 235 of the William Wilberforce Trafficking
Victims Protection Reauthorization Act of 2008 (8 U.S.C. 1232) is
amended--
(1) in subsection (a)--
(A) in paragraph (2)--
(i) by amending the paragraph heading to
read as follows: ``Rules for unaccompanied
alien children.--'';
(ii) in subparagraph (A)--
(I) in the matter preceding clause
(i), by striking ``who is a national or
habitual resident of a country that is
contiguous with the United States'';
(II) in clause (i), by inserting
``and'' at the end;
(III) in clause (ii), by striking
``; and'' and inserting a period; and
(IV) by striking clause (iii);
(iii) in subparagraph (B)--
(I) in the matter preceding clause
(i), by striking ``(8 U.S.C. 1101 et
seq.) may--'' and inserting ``(8 U.S.C.
1101 et seq.)--'';
(II) in clause (i), by inserting
before ``permit such child to
withdraw'' the following: ``may''; and
(III) in clause (ii), by inserting
before ``return such child'' the
following: ``shall''; and
(iv) in subparagraph (C)--
(I) by amending the subparagraph
heading to read as follows:
``Agreements with foreign countries.--
''; and
(II) in the matter preceding clause
(i), by striking ``The Secretary of
State shall negotiate agreements
between the United States and countries
contiguous to the United States'' and
inserting ``The Secretary of State may
negotiate agreements between the United
States and any foreign country that the
Secretary determines appropriate'';
(B) by redesignating paragraphs (3) through (5) as
paragraphs (4) through (6), respectively;
(C) by inserting after paragraph (2) the following:
``(3) Special rules for interviewing unaccompanied alien
children.--An unaccompanied alien child shall be interviewed by
an immigration officer with specialized training in
interviewing child trafficking victims.''; and
(D) in paragraph (6)(D), as redesignated--
(i) in the matter preceding clause (i), by
striking ``, except for an unaccompanied alien
child from a contiguous country subject to
exceptions under subsection (a)(2),'' and
inserting ``who does not meet the criteria
listed in paragraph (2)(A)''; and
(ii) in clause (i), by inserting ``, which
shall include a hearing before an immigration
judge not later than 14 days after being
screened under paragraph (4)'' before the
semicolon at the end;
(2) in subsection (b)--
(A) in paragraph (2)--
(i) in subparagraph (A), by inserting
``believed not to meet the criteria listed in
subsection (a)(2)(A)'' before the semicolon at
the end; and
(ii) in subparagraph (B), by inserting
``and does not meet the criteria listed in
subsection (a)(2)(A)'' before the period at the
end; and
(B) in paragraph (3), by striking ``an
unaccompanied alien child in custody shall'' and all
that follows, and inserting the following: ``an
unaccompanied alien child in custody--
``(A) in the case of a child who does not meet the
criteria listed in subsection (a)(2)(A), shall transfer
the custody of such child to the Secretary of Health
and Human Services not later than 30 days after
determining that such child is an unaccompanied alien
child who does not meet such criteria; or
``(B) in the case of child who meets the criteria
listed in subsection (a)(2)(A), may transfer the
custody of such child to the Secretary of Health and
Human Services after determining that such child is an
unaccompanied alien child who meets such criteria.'';
and
(3) in subsection (c)--
(A) in paragraph (3), by adding at the end the
following:
``(D) Information about individuals with whom
children are placed.--
``(i) Information to be provided to the
department of homeland security.--Before
placing an unaccompanied alien child with an
individual, the Secretary of Health and Human
Services shall provide to the Secretary of
Homeland Security, regarding the individual
with whom the child will be placed, the
following information:
``(I) The name of the individual.
``(II) The Social Security number
of the individual, if available.
``(III) The date of birth of the
individual.
``(IV) The location of the
individual's residence where the child
will be placed.
``(V) The immigration status of the
individual, if known.
``(VI) Contact information for the
individual.
``(ii) Special rule.--Not later than 90
days after the date of the enactment of this
subparagraph, the Secretary of Health and Human
Services shall provide to the Secretary of
Homeland Security the information listed in
clause (i) with respect to any unaccompanied
alien child apprehended between January 1,
2021, and such date of enactment who the
Secretary of Health and Human Services has
placed with an individual.
``(iii) Activities of the secretary of
homeland security.--Not later than 30 days
after receiving the information listed in
clause (i), the Secretary of Homeland Security
shall--
``(I) if the immigration status of
an individual with whom a child is
placed is unknown, investigate the
immigration status of such individual;
and
``(II) upon determining that an
individual with whom a child is placed
is unlawfully present in the United
States, initiate removal proceedings
against such individual pursuant to
chapter 4 of title II of the
Immigration and Nationality Act (8
U.S.C. 1221 et seq.)''; and
(B) in paragraph (5)--
(i) by inserting after ``to the greatest
extent practicable'' the following: ``(at no
expense to the Government)''; and
(ii) by striking ``have counsel to
represent them'' and inserting ``have access to
counsel to represent them''.
(b) Effective Date.--The amendments made by this section shall
apply to any unaccompanied alien child apprehended on or after the date
of enactment of this Act.
SEC. 102. CLARIFICATION OF STANDARDS FOR FAMILY DETENTION.
(a) In General.--Section 235 of the William Wilberforce Trafficking
Victims Protection Reauthorization Act of 2008 (8 U.S.C. 1232) is
amended by adding at the end the following:
``(j) Rule of Construction.--
``(1) In general.--Notwithstanding any other provision of
law, judicial determination, consent decree, or settlement
agreement, the detention of any alien child who is not an
unaccompanied alien child shall be governed by sections 217,
235, 236, and 241 of the Immigration and Nationality Act (8
U.S.C. 1187, 1225, 1226, and 1231). There is no presumption
that an alien child who is not an unaccompanied alien child
should not be detained, and all determinations regarding the
detention of such children shall be in the discretion of the
Secretary of Homeland Security.
``(2) Release of minors other than unaccompanied aliens.--
An alien minor who is not an unaccompanied alien child may not
be released by the Secretary of Homeland Security other than to
a parent or legal guardian who is lawfully present in the
United States.
``(3) Family detention.--The Secretary of Homeland Security
shall--
``(A) maintain the care and custody of an alien,
during the period during which the charges described in
clause (i) are pending, who--
``(i) is charged only with a misdemeanor
offense under section 275(a) of the Immigration
and Nationality Act (8 U.S.C. 1325(a)); and
``(ii) entered the United States with the
alien's child who has not attained 18 years of
age; and
``(B) detain the alien with the alien's child.''.
(b) Sense of Congress.--It is the sense of Congress that the
amendment made by subsection (a) is intended to satisfy the
requirements of the Settlement Agreement in Flores v. Meese, No. 85-
4544 (C.D. Cal) as approved by the court on January 28, 1997, with
respect to its interpretation in Flores v. Johnson, 212 F. Supp. 3d 864
(C.D. Cal. 2015), that the agreement applies to accompanied minors.
(c) Effective Date.--The amendment made by subsection (a)--
(1) shall take effect on the date of the enactment of this
Act; and
(2) shall apply to all actions that occur before, on, or
after such date of enactment.
(d) Preemption of State Licensing Requirements.--Notwithstanding
any other provision of law, judicial determination, consent decree, or
settlement agreement, no State may require that an immigration
detention facility used to detain children who have not attained 18
years of age, or families consisting of 1 or more of such children and
the parents or legal guardians of such children, that is located in
such State, be licensed by the State or by any political subdivision of
such State.
SEC. 103. SPECIAL IMMIGRANT JUVENILE STATUS FOR IMMIGRANTS UNABLE TO
REUNITE WITH EITHER PARENT.
Section 101(a)(27)(J) of the Immigration and Nationality Act (8
U.S.C. 1101(a)(27)(J)) is amended--
(1) in clause (i), by striking ``, and whose reunification
with 1 or both of the immigrant's parents is not viable due to
abuse, neglect, abandonment, or a similar basis found under
State law''; and
(2) in clause (iii)--
(A) in subclause (I), by striking ``and'' at the
end;
(B) in subclause (II), by adding ``and'' at the
end; and
(C) by adding at the end the following:
``(III) an alien may not be granted
special immigrant juvenile status under
this subparagraph if his or her
reunification with any parent or legal
guardian is not precluded by abuse,
neglect, abandonment, or any similar
cause under State law;''.
TITLE II--ASYLUM REFORM
SEC. 201. CLARIFICATION OF ASYLUM ELIGIBILITY.
(a) Place of Arrival.--Section 208(a)(1) of the Immigration and
Nationality Act (8 U.S.C. 1158(a)(1)) is amended--
(1) by striking ``or who arrives in the United States
(whether or not at a designated port of arrival and including
an alien who is brought to the United States after having been
interdicted in international or United States waters),''; and
(2) by inserting ``and has arrived in the United States at
a port of entry,'' after ``United States''.
(b) Eligibility.--Section 208(b)(1)(A) of such Act (8 U.S.C.
1158(b)(1)(A)) is amended by inserting ``and is eligible to apply for
asylum under subsection (a)'' after ``section 101(a)(42)(A)''.
SEC. 202. SAFE THIRD COUNTRY.
Section 208(a)(2)(A) of the Immigration and Nationality Act (8
U.S.C. 1158(a)(2)(A)) is amended--
(1) by striking ``if the Attorney General determines that
the alien may be removed'' and inserting the following: ``if
the Attorney General or the Secretary of Homeland Security
determines that--
``(i) the alien may be removed'';
(2) by striking ``removed, pursuant to a bilateral or
multilateral agreement, to'' and inserting ``removed to'';
(3) by inserting ``, on a case by case basis,'' before
``finds that'';
(4) by striking the period at the end and inserting ``;
or''; and
(5) by adding at the end the following:
``(ii) the alien entered, attempted to enter, or arrived in
the United States after transiting through at least one country
outside the alien's country of citizenship, nationality, or
last lawful habitual residence en route to the United States,
unless--
``(I) the alien demonstrates that he or she applied
for protection from persecution or torture in at least
one country outside the alien's country of citizenship,
nationality, or last lawful habitual residence through
which the alien transited en route to the United
States, and the alien received a final judgement
denying the alien protection in each country;
``(II) the alien demonstrates that he or she was a
victim of a severe form of trafficking in which a
commercial sex act was induced by force, fraud, or
coercion, or in which the person induced to perform
such act was younger than 18 years of age; or in which
the trafficking included the recruitment, harboring,
transportation, provision, or obtaining of a person for
labor or services through the use of force, fraud, or
coercion for the purpose of subjection to involuntary
servitude, peonage, debt bondage, or slavery, and was
unable to apply for protection from persecution in all
countries that alien transited en route to the United
States as a result of such severe form of trafficking;
or
``(III) the only countries through which the alien
transited en route to the United States were, at the
time of the transit, not parties to the 1951 United
Nations Convention relating to the Status of Refugees,
the 1967 Protocol Relating to the Status of Refugees,
or the United Nations Convention against Torture and
Other Cruel, Inhuman or Degrading Treatment or
Punishment.''.
SEC. 203. APPLICATION TIMING.
Section 208(a)(2)(B) of the Immigration and Nationality Act (8
U.S.C. 1158(a)(2)(B)) is amended by striking ``1 year'' and inserting
``6 months''.
SEC. 204. CLARIFICATION OF BURDEN OF PROOF.
Section 208(b)(1)(B)(i) of the Immigration and Nationality Act (8
U.S.C. 1158(b)(1)(B)(i)) is amended by striking ``at least one central
reason'' and inserting ``the central reason''.
SEC. 205. ANTI-FRAUD INVESTIGATIVE WORK PRODUCT.
(a) Asylum Credibility Determinations.--Section 208(b)(1)(B)(iii)
of the Immigration and Nationality Act (8 U.S.C. 1158(b)(1)(B)(iii)) is
amended by inserting after ``all relevant factors'' the following: ``,
including statements made to, and investigative reports prepared by,
immigration authorities and other government officials''.
(b) Relief for Removal Credibility Determinations.--Section
240(c)(4)(C) of such Act (8 U.S.C. 1229a(c)(4)(C)) is amended by
inserting ``, including statements made to, and investigative reports
prepared by, immigration authorities and other government officials''
after ``all relevant factors''.
SEC. 206. ADDITIONAL EXCEPTION.
Section 208(b)(2)(A) of the Immigration and Nationality Act (8
U.S.C. 1158(b)(2)(A)) is amended--
(1) in clause (v), by striking ``or'' at the end;
(2) in clause (vi), by striking the period and inserting
``; or''; and
(3) by adding at the end the following:
``(vii) there are reasonable grounds for
concluding the alien could avoid persecution by
relocating to another part of the alien's
country of nationality or, if stateless,
another part of the alien's country of last
habitual residence.''.
SEC. 207. JURISDICTION OF ASYLUM APPLICATIONS.
Section 208(b)(3) of the Immigration and Nationality Act (8 U.S.C.
1158) is amended by striking subparagraph (C).
SEC. 208. RENUNCIATION OF ASYLUM STATUS PURSUANT TO RETURN TO HOME
COUNTRY.
(a) In General.--Section 208(c) of the Immigration and Nationality
Act (8 U.S.C. 1158(c)) is amended by adding at the end the following:
``(4) Renunciation of status pursuant to return to home
country.--
``(A) In general.--Except as provided in
subparagraph (B), any alien who is granted asylum
status under this Act, who, absent changed country
conditions, subsequently returns to the country of such
alien's nationality or, in the case of an alien having
no nationality, returns to any country in which such
alien last habitually resided, and who applied for such
status because of persecution or a well-founded fear of
persecution in that country on account of race,
religion, nationality, membership in a particular
social group, or political opinion, shall have his or
her status terminated.
``(B) Waiver.--The Secretary has discretion to
waive subparagraph (A) if it is established to the
satisfaction of the Secretary that the alien had a
compelling reason for the return. The waiver may be
sought prior to departure from the United States or
upon return.''.
(b) Conforming Amendment.--Section 208(c)(3) of such Act (8 U.S.C.
1158(c)(3)) is amended by inserting ``or (4)'' after ``paragraph (2)''.
SEC. 209. CLARIFICATION REGARDING EMPLOYMENT ELIGIBILITY.
Section 208(d)(2) of the Immigration and Nationality Act (8 U.S.C.
1158(d)(2)) is amended--
(1) by striking ``prior to 180 days'' and inserting
``before the date that is 1 year''; and
(2) by inserting ``and the authorization shall expire 6
months after the date on which it is granted'' before the
period at the end.
SEC. 210. NOTICE CONCERNING FRIVOLOUS ASYLUM APPLICATIONS.
(a) In General.--Section 208(d)(4) of the Immigration and
Nationality Act (8 U.S.C. 1158(d)(4)) is amended--
(1) in the matter preceding subparagraph (A), by inserting
``the Secretary of Homeland Security or'' before ``the Attorney
General'';
(2) in subparagraph (A), by striking ``and of the
consequences, under paragraph (6), of knowingly filing a
frivolous application for asylum; and'' and inserting a
semicolon;
(3) in subparagraph (B), by striking the period at the end
and inserting ``; and''; and
(4) by adding at the end the following:
``(C) ensure that a written warning appears on the
asylum application advising the alien of the
consequences of filing a frivolous application and
serving as notice to the alien of the consequence of
filing a frivolous application.''.
(b) Conforming Amendment.--Section 208(d)(6) of the Immigration and
Nationality Act (8 U.S.C. 1158(d)(6)) is amended to read as follows:
``(6) Frivolous applications.--
``(A) Consequence.--If the Secretary of Homeland
Security or the Attorney General determines that an
alien has knowingly made a frivolous application for
asylum after receiving the written warning required
under paragraph (4)(C), such alien shall be permanently
ineligible for any benefits under this chapter,
effective as the date of the final determination of
such an application.
``(B) Determination.--An application shall be
considered frivolous if the Secretary of Homeland
Security or the Attorney General determines, consistent
with subparagraph (C), that--
``(i) the application is so insufficient in
substance that it is clear that the applicant
knowingly filed the application solely or in
part to delay removal from the United States,
to seek employment authorization as an
applicant for asylum pursuant to regulations
issued pursuant to paragraph (2), or to seek
issuance of a Notice to Appear in order to
pursue Cancellation of Removal under section
240A(b); or
``(ii) any of the material elements are
knowingly fabricated.
``(C) Opportunity to clarify claim.--An application
may not be considered frivolous under this paragraph
unless the Secretary or the Attorney General are
satisfied that the applicant, during the course of the
proceedings, has had sufficient opportunity to clarify
any discrepancies or implausible aspects of the
applicant's claim.
``(D) Withholding of removal.--A determination
under this paragraph that an alien filed a frivolous
asylum application shall not preclude such alien from
seeking withholding of removal under section 241(b)(3)
or protection pursuant to the Convention Against
Torture and Other Cruel, Inhuman or Degrading Treatment
or Punishment, done at New York December 10, 1984.''.
SEC. 211. CREDIBLE FEAR INTERVIEWS.
Section 235(b)(1)(B)(v) of the Immigration and Nationality Act (8
U.S.C. 1225(b)(1)(B)(v)) is amended by striking ``claim'' and all that
follows, and inserting ``claim, as determined pursuant to section
208(b)(1)(B)(iii), and such other facts as are known to the officer,
that the alien could establish eligibility for asylum under section
208, and it is more probable than not that the statements made by, and
on behalf of, the alien in support of the alien's claim are true.''.
SEC. 212. RECORDING EXPEDITED REMOVAL AND CREDIBLE FEAR INTERVIEWS.
(a) In General.--The Secretary of Homeland Security shall establish
quality assurance procedures and take steps to effectively ensure
that--
(1) questions by employees of the Department of Homeland
Security exercising expedited removal authority under section
235(b) of the Immigration and Nationality Act (8 U.S.C.
1225(b)) are asked in a uniform manner, to the extent possible;
and
(2) such questions and the answers provided in response to
such questions are recorded in a uniform manner.
(b) Credible Fear Interview Checklists.--The Secretary of Homeland
Security shall--
(1) provide a checklist of standard questions and concepts
to be addressed in all interviews required under section 235(b)
of the Immigration and Nationality Act (8 U.S.C. 1225(b)) to
immigration officers exercising decision-making authority in
such interviews;
(2) routinely update such checklist to include relevant
changes to law and procedures; and
(3) require all immigration officers utilizing such
checklists to provide concise justifications of their decisions
regardless of whether credible fear was or was not established
by the alien.
(c) Factors Relating to Sworn Statements.--To the extent
practicable, any sworn or signed written statement taken from an alien
as part of the record of a proceeding under section 235(b)(1)(A) of the
Immigration and Nationality Act (8 U.S.C. 1225(b)(1)(A)) shall be
accompanied by a recording of the interview which served as the basis
for such sworn statement.
(d) Interpreters.--The Secretary of Homeland Security shall ensure
the use of a competent interpreter who is not affiliated with the
government of the country from which the alien may claim asylum if the
interviewing officer does not speak a language understood by the alien.
(e) Recordings in Immigration Proceedings.--All interviews of
aliens subject to expedited removal shall be recorded (either by audio
or by audio visual). Such recordings shall be included in the record of
proceeding and shall be considered as evidence in any further
proceedings involving such aliens.
(f) No Private Right of Action.--Nothing in this section may be
construed to create--
(1) any right, benefit, trust, or responsibility, whether
substantive or procedural, enforceable in law or equity by a
party against the United States, its departments, agencies,
instrumentalities, entities, officers, employees, or agents, or
any person; or
(2) any right of review in any administrative, judicial, or
other proceeding.
SEC. 213. PENALTIES FOR ASYLUM FRAUD.
Section 1001 of title 18, United States Code, is amended by adding
at the end the following:
``(d) Any person who, in any matter before the Secretary of
Homeland Security or the Attorney General pertaining to asylum under
section 208 of the Immigration and Nationality Act (8 U.S.C. 1158) or
withholding of removal under section 241(b)(3) of such Act (8 U.S.C.
1231(b)(3)), knowingly and willfully--
``(1) makes any materially false, fictitious, or fraudulent
statement or representation; or
``(2) makes or uses any false writings or document knowing
the same to contain any materially false, fictitious, or
fraudulent statement or entry,
shall be fined under this title, imprisoned not more than 10 years, or
both.''.
SEC. 214. STATUTE OF LIMITATIONS FOR ASYLUM FRAUD.
Section 3291 of title 18, United States Code, is amended--
(1) by striking ``1544,'' and inserting ``1544, and section
1546,''; and
(2) by inserting ``or within 10 years after the fraud is
discovered'' before the period at the end.
SEC. 215. TECHNICAL AMENDMENTS.
Section 208 of the Immigration and Nationality Act, as amended by
this title, is further amended--
(1) in subsection (a)--
(A) in paragraph (2)(D), by inserting ``Secretary
of Homeland Security or the'' before ``Attorney
General''; and
(B) in paragraph (3), by inserting ``Secretary of
Homeland Security or the'' before ``Attorney General'';
(2) in subsection (b)(2), by inserting ``Secretary of
Homeland Security or the'' before ``Attorney General'' each
place such term appears;
(3) in subsection (c)--
(A) in paragraph (1), by striking ``Attorney
General'' each place such term appears and inserting
``Secretary of Homeland Security'';
(B) in paragraph (2), in the matter preceding
subparagraph (A), by inserting ``Secretary of Homeland
Security or the'' before ``Attorney General''; and
(C) in paragraph (3), by inserting ``Secretary of
Homeland Security or the'' before ``Attorney General'';
and
(4) in subsection (d)--
(A) in paragraph (1), by inserting ``Secretary of
Homeland Security or the'' before ``Attorney General''
each place such term appears;
(B) in paragraph (2), by striking ``Attorney
General'' and inserting ``Secretary of Homeland
Security''; and
(C) in paragraph (5)--
(i) in subparagraph (A), by striking
``Attorney General'' and inserting ``Secretary
of Homeland Security''; and
(ii) in subparagraph (B), by inserting
``Secretary of Homeland Security or the''
before ``Attorney General''.
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118S686
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RESTRICT Act
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<p><b>Restricting the Emergence of Security Threats that Risk Information and Communications Technology Act or the RESTRICT Act</b></p> <p>This bill requires federal actions to identify and mitigate foreign threats to information and communications technology (ICT) products and services (e.g., social media applications). It also establishes civil and criminal penalties for violations under the bill.</p> <p>Specifically, the Department of Commerce must identify, deter, disrupt, prevent, prohibit, investigate, and mitigate transactions involving ICT products and services (1) in which any foreign adversary (such as China) has any interest, and (2) that pose an undue or unacceptable risk to U.S. national security or the safety of U.S. persons. </p> <p>Additionally, Commerce must identify and refer to the President any covered holding (e.g., stock or security) that poses an undue or unacceptable risk to U.S. national security or the security and safety of U.S. persons. If the President determines that the holding poses such a risk, the President may compel divestment of or otherwise mitigate the risk associated with the holding.</p> <p>Commerce may (1) designate any foreign government or regime as a foreign adversary upon a determination that the foreign government or regime is engaged in a long-term pattern or serious instances of conduct significantly adverse to U.S. national security or the security and safety of U.S. persons, and (2) remove such a designation. Commerce must notify Congress before making or removing a designation; these actions are subject to congressional disapproval.</p> <p>The bill outlines (1) enforcement mechanisms, including actions by the Department of Justice; and (2) civil and criminal penalties for violations.</p>
|
<html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 686 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 686
To authorize the Secretary of Commerce to review and prohibit certain
transactions between persons in the United States and foreign
adversaries, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
March 7, 2023
Mr. Warner (for himself, Mr. Thune, Ms. Baldwin, Mrs. Fischer, Mr.
Manchin, Mr. Moran, Mr. Bennet, Mr. Sullivan, Mrs. Gillibrand, Ms.
Collins, Mr. Heinrich, Mr. Romney, and Mrs. Capito) introduced the
following bill; which was read twice and referred to the Committee on
Commerce, Science, and Transportation
_______________________________________________________________________
A BILL
To authorize the Secretary of Commerce to review and prohibit certain
transactions between persons in the United States and foreign
adversaries, and for other 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 ``Restricting the Emergence of
Security Threats that Risk Information and Communications Technology
Act'' or the ``RESTRICT Act''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Classified national security information.--The term
``classified national security information'' means information
that has been determined pursuant to Executive Order 13526 (50
U.S.C. 3161 note; relating to classified national security
information) or any predecessor or successor order, to require
protection against unauthorized disclosure, and is marked to
indicate such classified status if in documentary form.
(2) Controlling holding.--The term ``controlling holding''
means a holding with the power, whether direct or indirect and
whether exercised or not exercised, to determine, direct, or
decide important matters affecting an entity.
(3) Covered holding.--The term ``covered holding''--
(A) means, regardless of how or when such holding
was or will be obtained or otherwise come to have been
held, a controlling holding held, directly or
indirectly, in an ICTS covered holding entity by--
(i) a foreign adversary;
(ii) an entity subject to the jurisdiction
of, or organized under the laws of, a foreign
adversary; or
(iii) an entity owned, directed, or
controlled by an entity described in
subparagraphs (i) or (ii); and
(B) includes any other holding, the structure of
which is designed or intended to evade or circumvent
the application of this Act, subject to regulations
prescribed by the Secretary.
(4) Covered transaction.--
(A) In general.--The term ``covered transaction''
means a transaction in which an entity described in
subparagraph (B) has any interest (including through an
interest in a contract for the provision of the
technology or service), or any class of such
transactions.
(B) Covered entities.--The entities described in
this subparagraph are:
(i) a foreign adversary;
(ii) an entity subject to the jurisdiction
of, or organized under the laws of, a foreign
adversary; and
(iii) an entity owned, directed, or
controlled by a person described in
subparagraph (A) or (B).
(C) Non-evasion.--The term ``covered transaction''
includes any other transaction, the structure of which
is designed or intended to evade or circumvent the
application of this Act, subject to regulations
prescribed by the Secretary.
(D) Timing.--The term ``covered transaction''
includes a current, past, or potential future
transaction.
(5) Critical infrastructure.--The term ``critical
infrastructure'' has the meaning given the term in section
1016(e) of the USA PATRIOT Act (42 U.S.C. 5195c(e)).
(6) Entity.--The term ``entity'' means any of the
following, whether established in the United States or outside
of the United States:
(A) A firm.
(B) A government, government agency, government
department, or government commission.
(C) A labor union.
(D) A fraternal or social organization.
(E) A partnership.
(F) A trust.
(G) A joint venture.
(H) A corporation.
(I) A group, subgroup, or other association or
organization whether or not organized for profit.
(7) Executive department and agency.--The term ``executive
department and agency'' has the meaning given the term
``Executive agency'' in section 105 of title 5, United States
Code.
(8) Foreign adversary.--The term ``foreign adversary''--
(A) means any foreign government or regime,
determined by the Secretary, pursuant to sections 3 and
5, to have engaged in a long-term pattern or serious
instances of conduct significantly adverse to the
national security of the United States or the security
and safety of United States persons; and
(B) includes, unless removed by the Secretary
pursuant to section 6--
(i) the People's Republic of China,
including the Hong Kong Special Administrative
Region and Macao Special Administrative Region;
(ii) the Republic of Cuba;
(iii) the Islamic Republic of Iran;
(iv) the Democratic People's Republic of
Korea;
(v) the Russian Federation; and
(vi) the Bolivarian Republic of Venezuela
under the regime of Nicolas Maduro Moros.
(9) Holding.--The term ``holding''--
(A) means--
(i) an equity interest;
(ii) a stock;
(iii) a security;
(iv) a share;
(v) a partnership interest;
(vi) an interest in a limited liability
company;
(vii) a membership interest; or
(viii) any participation, right, or other
equivalent, however designated and of any
character; and
(B) includes, without limitation, any security
convertible into an ownership interest and right,
warrant, or option to acquire ownership interests.
(10) ICTS covered holding entity.--The term ``ICTS covered
holding entity'' means any entity that--
(A) owns, controls, or manages information and
communications technology products or services; and
(B)(i) has not less than 1,000,000 United States-
based annual active users at any point during the year
period preceding the date on which the covered holding
is referred to the President; or
(ii) for which more than 1,000,000 units have been
sold to persons in the United States before the date on
which the covered holding is referred to the President.
(11) Information and communications technology products or
services.--The term ``information and communications technology
products or services'' means any hardware, software, or other
product or service primarily intended to fulfill or enable the
function of information or data processing, storage, retrieval,
or communication by electronic means, including transmission,
storage, and display.
(12) Mitigation measure.--The term ``mitigation measure''
means a measure agreed to in an agreement between any relevant
party and the Federal Government, or ordered by the Federal
Government and of which any relevant party has been notified,
in any matter addressed under this Act to address any risk
arising from a covered transaction or associated with a covered
holding.
(13) Person.--The term ``person'' means a natural person,
including a citizen or national of the United States or of any
foreign country.
(14) Relevant executive department and agency heads.--The
term ``relevant executive department and agency heads'' means--
(A) the Secretary of Treasury;
(B) the Secretary of State;
(C) the Secretary of Defense;
(D) the Attorney General;
(E) the Secretary of Homeland Security;
(F) the United States Trade Representative;
(G) the Director of National Intelligence;
(H) the Administrator of General Services;
(I) the Chairman of the Federal Communications
Commission; and
(J) the heads of other executive departments and
agencies, as appropriate.
(15) Relevant committees of congress.--The term ``relevant
committees of Congress'' means--
(A) the Committee on Commerce, Science, and
Transportation, the Committee on the Judiciary, the
Committee on Homeland Security and Governmental
Affairs, the Committee on Foreign Relations, the
Committee on Banking, Housing, and Urban Affairs, the
Committee on Armed Services, the Committee on Rules and
Administration, and the Select Committee on
Intelligence of the Senate; and
(B) the Committee on Energy and Commerce, the
Committee on the Judiciary, the Committee on Homeland
Security, the Committee on Oversight and
Accountability, the Committee on Foreign Affairs, the
Committee on Armed Services, the Committee on House
Administration, and the Permanent Select Committee on
Intelligence of the House of Representatives.
(16) Secretary.--The term ``Secretary'' means the Secretary
of Commerce.
(17) Transaction.--The term ``transaction'' means any
acquisition, importation, transfer, installation, dealing in,
or use of any information and communications technology product
or service, including ongoing activities such as managed
services, data transmission, software updates, repairs, or the
provision of data hosting services, or a class of such
transactions.
SEC. 3. ADDRESSING INFORMATION AND COMMUNICATION TECHNOLOGY PRODUCTS
AND SERVICES THAT POSE UNDUE OR UNACCEPTABLE RISK.
(a) In General.--The Secretary, in consultation with the relevant
executive department and agency heads, is authorized to and shall take
action to identify, deter, disrupt, prevent, prohibit, investigate, or
otherwise mitigate, including by negotiating, entering into, or
imposing, and enforcing any mitigation measure to address any risk
arising from any covered transaction by any person, or with respect to
any property, subject to the jurisdiction of the United States that the
Secretary determines--
(1) poses an undue or unacceptable risk of--
(A) sabotage or subversion of the design,
integrity, manufacturing, production, distribution,
installation, operation, or maintenance of information
and communications technology products and services in
the United States;
(B) catastrophic effects on the security or
resilience of the critical infrastructure or digital
economy of the United States;
(C) interfering in, or altering the result or
reported result of a Federal election, as determined in
coordination with the Attorney General, the Director of
National Intelligence, the Secretary of Treasury, and
the Federal Election Commission; or
(D) coercive or criminal activities by a foreign
adversary that are designed to undermine democratic
processes and institutions or steer policy and
regulatory decisions in favor of the strategic
objectives of a foreign adversary to the detriment of
the national security of the United States, as
determined in coordination with the Attorney General,
the Director of National Intelligence, the Secretary of
Treasury, and the Federal Election Commission; or
(2) otherwise poses an undue or unacceptable risk to the
national security of the United States or the safety of United
States persons.
(b) Procedure.--
(1) In general.--Not later than 180 days after the date of
enactment of this Act, the Secretary, in consultation with the
relevant executive department and agency heads, shall review
any transaction described in subsection (a) to--
(A) determine, not later than 180 days after the
date on which the Secretary initiates such review, if
such transaction poses an undue or unacceptable risk
under subsection (a)(2) and qualifies as a covered
transaction; and
(B) with respect to a transaction found to pose an
undue or unacceptable risk and qualify as a covered
transaction, determine whether--
(i) the covered transaction should be
prohibited; or
(ii) any other action should be taken to
mitigate the effects of the covered
transaction.
(2) Published explanations.--If practicable, and consistent
with the national security and law enforcement interests of the
United States, in coordination and in cooperation with the
Director of National Intelligence, the Secretary shall publish
information in a declassified form to explain how a covered
transaction that the Secretary denied or otherwise mitigated
under paragraph (1) meets the criteria established under
subsection (a) or section 4(a).
(3) Certain administrative procedure requirements
inapplicable.--Section 553 of title 5, United State Code, shall
not apply to any regulation promulgated pursuant to paragraph
(1).
SEC. 4. ADDRESSING INFORMATION AND COMMUNICATIONS TECHNOLOGY PRODUCTS
AND SERVICES HOLDINGS THAT POSE UNDUE OR UNACCEPTABLE
RISK.
(a) In General.--The Secretary shall identify and refer to the
President any covered holding that the Secretary determines, in
consultation with the relevant executive department and agency heads,
poses an undue or unacceptable risk to the national security of the
United States or the security and safety of United States persons.
(b) Procedure.--
(1) Review and referral.--The Secretary shall, by
regulation, establish procedures by which the Secretary, in
consultation with the relevant executive department and agency
heads, shall--
(A) conduct reviews of holdings to determine if
such holdings constitute covered holdings that pose an
undue or unacceptable risk under subsection (a); and
(B) refer to the President covered holdings that
are determined under subsection (a) to pose an undue or
unacceptable risk.
(2) Referrals prior to establishment of regulations.--At
any time preceding the issuance of regulations or establishment
of procedures under subparagraph (1), the Secretary may
identify and refer to the President a holding determined to be
a covered holding under subsection (a) for action by the
President pursuant to subsection (c) if the Secretary, in the
sole and unreviewable discretion of the Secretary, determines
that such referral would be in the interest of national
security.
(3) Administrative procedure requirements inapplicable.--
Subchapter II of chapter 5, and chapter 7, of title 5, United
States Code (commonly known as the ``Administrative Procedure
Act'') shall not apply to any referral by the Secretary to the
President of a covered holding.
(c) Action by the President.--
(1) In general.--Subject to section 13, with respect to any
covered holding referred to the President under subsection (a),
if the President determines that the covered holding poses an
undue or unacceptable risk to the national security of the
United States or the security and safety of United States
persons, the President may take such action as the President
considers appropriate to compel divestment of, or otherwise
mitigate the risk associated with, such covered holding to the
full extent the covered holding is subject to the jurisdiction
of the United States, with respect to--
(A) the United States operations, assets, or
property of the entity in which the covered holding is
held, or of any products or services owned, controlled,
designed, developed, manufactured, or supplied by the
entity are used in the United States;
(B) any tangible or intangible assets, wherever
located, are used to support or enable use of the
product or software of the entity in the United States;
and
(C) any data obtained or derived from use of the
product or software of the entity in the United States.
(2) Non-delegable authority.--The authority to compel
divestment of a covered holding under paragraph (1) may only be
exercised by the President and may not be delegated to any
other individual, except as described in paragraph (4).
(3) Announcement.--If the President determines that action
is required pursuant to paragraph (1), the President shall
announce the decision not later than 30 days after the date on
which the Secretary refers the covered holding to the President
pursuant to subsection (a).
(4) Enforcement of divestment.--The President may direct
the Attorney General to seek appropriate relief, including
divestment relief, in the district courts of the United States
in order to implement and enforce this subsection.
SEC. 5. CONSIDERATIONS.
(a) Priority Information and Communications Technology Areas.--In
carrying out sections 3 and 4, the Secretary shall prioritize
evaluation of--
(1) information and communications technology products or
services used by a party to a covered transaction in a sector
designated as critical infrastructure in Policy Directive 21
(February 12, 2013; relating to critical infrastructure
security and resilience);
(2) software, hardware, or any other product or service
integral to telecommunications products and services,
including--
(A) wireless local area networks;
(B) mobile networks;
(C) satellite payloads;
(D) satellite operations and control;
(E) cable access points;
(F) wireline access points;
(G) core networking systems;
(H) long-, short-, and back-haul networks; or
(I) edge computer platforms;
(3) any software, hardware, or any other product or service
integral to data hosting or computing service that uses,
processes, or retains, or is expected to use, process, or
retain, sensitive personal data with respect to greater than
1,000,000 persons in the United States at any point during the
year period preceding the date on which the covered transaction
is referred to the Secretary for review or the Secretary
initiates review of the covered transaction, including--
(A) internet hosting services;
(B) cloud-based or distributed computing and data
storage;
(C) machine learning, predictive analytics, and
data science products and services, including those
involving the provision of services to assist a party
utilize, manage, or maintain open-source software;
(D) managed services; and
(E) content delivery services;
(4) internet- or network-enabled sensors, webcams, end-
point surveillance or monitoring devices, modems and home
networking devices if greater than 1,000,000 units have been
sold to persons in the United States at any point during the
year period preceding the date on which the covered transaction
is referred to the Secretary for review or the Secretary
initiates review of the covered transaction;
(5) unmanned vehicles, including drones and other aerials
systems, autonomous or semi-autonomous vehicles, or any other
product or service integral to the provision, maintenance, or
management of such products or services;
(6) software designed or used primarily for connecting with
and communicating via the internet that is in use by greater
than 1,000,000 persons in the United States at any point during
the year period preceding the date on which the covered
transaction is referred to the Secretary for review or the
Secretary initiates review of the covered transaction,
including--
(A) desktop applications;
(B) mobile applications;
(C) gaming applications;
(D) payment applications; or
(E) web-based applications; or
(7) information and communications technology products and
services integral to--
(A) artificial intelligence and machine learning;
(B) quantum key distribution;
(C) quantum communications;
(D) quantum computing;
(E) post-quantum cryptography;
(F) autonomous systems;
(G) advanced robotics;
(H) biotechnology;
(I) synthetic biology;
(J) computational biology; and
(K) e-commerce technology and services, including
any electronic techniques for accomplishing business
transactions, online retail, internet-enabled
logistics, internet-enabled payment technology, and
online marketplaces.
(b) Considerations Relating to Undue and Unacceptable Risks.--In
determining whether a covered transaction poses an undue or
unacceptable risk under section 3(a) or 4(a), the Secretary--
(1) shall, as the Secretary determines appropriate and in
consultation with appropriate agency heads, consider, where
available--
(A) any removal or exclusion order issued by the
Secretary of Homeland Security, the Secretary of
Defense, or the Director of National Intelligence
pursuant to recommendations of the Federal Acquisition
Security Council pursuant to section 1323 of title 41,
United States Code;
(B) any order or license revocation issued by the
Federal Communications Commission with respect to a
transacting party, or any consent decree imposed by the
Federal Trade Commission with respect to a transacting
party;
(C) any relevant provision of the Defense Federal
Acquisition Regulation and the Federal Acquisition
Regulation, and the respective supplements to those
regulations;
(D) any actual or potential threats to the
execution of a national critical function identified by
the Director of the Cybersecurity and Infrastructure
Security Agency;
(E) the nature, degree, and likelihood of
consequence to the public and private sectors of the
United States that would occur if vulnerabilities of
the information and communications technologies
services supply chain were to be exploited; and
(F) any other source of information that the
Secretary determines appropriate; and
(2) may consider, where available, any relevant threat
assessment or report prepared by the Director of National
Intelligence completed or conducted at the request of the
Secretary.
SEC. 6. DESIGNATION OF FOREIGN ADVERSARIES.
(a) In General.--
(1) Designation.--The Secretary may, in consultation with
the Director of National Intelligence, designate any foreign
government or regime as a foreign adversary if the Secretary
finds that the foreign government or regime is engaged in a
long-term pattern or serious instances of conduct significantly
adverse to the national security of the United States or
security and safety of United States persons.
(2) Removal of designation.--The Secretary may, in
consultation with the Director of National Intelligence, remove
the designation of any foreign government or regime as a
foreign adversary, including any foreign government or regime
identified in section 2(8), if the Secretary finds that the
foreign government or regime is no longer engaged in a long-
term pattern or serious instances of conduct significantly
adverse to the national or economic security of the United
States or security and safety of United States persons in a
manner that would warrant designation as a foreign adversary.
(b) Notice.--Not later than 15 days before the date on which the
Secretary makes or removes a designation under subsection (a), the
Secretary shall, by classified communication, notify the President pro
tempore, Majority Leader, and Minority Leader of the Senate, the
Speaker and Minority Leader of the House of Representatives, and the
relevant committees of Congress, in writing, of the intent to designate
a foreign government or regime as a foreign adversary under this
section, together with the findings made under subsection (a) with
respect to the foreign government or regime and the factual basis
therefor.
SEC. 7. RESOLUTION OF DISAPPROVAL OF DESIGNATION OR REMOVAL OF
DESIGNATION OF A FOREIGN ADVERSARY.
(a) Definition.--In this section--
(1) the term ``covered joint resolution'' means a joint
resolution of disapproval of designation or a joint resolution
of disapproval of removal of designation;
(2) the term ``joint resolution of disapproval of
designation'' means a joint resolution the matter after the
resolving clause of which is as follows: ``That Congress
disapproves the designation by the Secretary of Commerce of ___
as a foreign adversary for purposes of the Securing the
Information and Communications Technology and Services Supply
Chain Act of 2023, and such designation shall have no force or
effect until the Secretary of Commerce provides specific
evidence to the relevant committees of Congress regarding the
removal of designation under section 6(a) of that Act.'' (The
blank space being appropriately filled in with the name of the
foreign person of which the Secretary has designated as a
foreign adversary of for purposes of this Act); and
(3) the term ``joint resolution of disapproval of removal
of designation'' means a joint resolution the matter after the
resolving clause of which is as follows: ``That Congress
disapproves the removal of designation by the Secretary of
Commerce of ___ as a foreign adversary for purposes of the
Securing the Information and Communications Technology and
Services Supply Chain Act of 2023, and such removal shall have
no force or effect until the Secretary of Commerce provides
specific evidence to the relevant committees of Congress
regarding the removal of designation under section 6(a) of that
Act.'' (The blank space being appropriately filled in with the
name of the foreign government or regime of which the Secretary
has removed the designation as a foreign adversary of for
purposes of this Act).
(b) Expedited Consideration of Legislation.--
(1) Initiation.--In the event the Secretary designates a
foreign government or regime as a foreign adversary or removes
such designation as a foreign adversary, a joint resolution of
disapproval of designation or a joint resolution of disapproval
of removal of designation, as applicable, that is introduced
during the 60-calendar day period thereafter shall be entitled
to expedited consideration pursuant to this subsection.
(2) Introduction.--During the 60-calendar day period
provided for in paragraph (1), a covered joint resolution may
be introduced--
(A) in the Senate, by the Majority Leader (or the
designee of the Majority Leader) or the Minority Leader
(or the designee of the Minority Leader); and
(B) in the House of Representatives, by the Speaker
or the Minority Leader.
(3) Floor consideration in house of representatives.--
(A) Reporting and discharge.--If a relevant
committee of the House to which a covered joint
resolution has been referred has not reported such
covered joint resolution within 10 legislative days
after the date of referral, that committee shall be
discharged from further consideration thereof.
(B) Proceeding to consideration.--Beginning on the
third legislative day after each committee to which
covered joint resolution has been referred reports the
covered joint resolution to the House or has been
discharged from further consideration thereof, it shall
be in order to move to proceed to consider the covered
joint resolution in the House. All points of order
against the motion are waived. Such a motion shall not
be in order after the House has disposed of a motion to
proceed on the covered joint resolution with regard to
the same agreement. The previous question shall be
considered as ordered on the motion to its adoption
without intervening motion. The motion shall not be
debatable. A motion to reconsider the vote by which the
motion is disposed of shall not be in order.
(C) Consideration.--The covered joint resolution
shall be considered as read. All points of order
against the covered joint resolution and against its
consideration are waived. The previous question shall
be considered as ordered on the covered joint
resolution to final passage without intervening motion
except 2 hours of debate equally divided and controlled
by the sponsor of the covered joint resolution (or a
designee) and an opponent. A motion to reconsider the
vote on passage of the covered joint resolution shall
not be in order.
(4) Consideration in the senate.--
(A) Committee referral.--A covered joint resolution
introduced in the Senate shall be referred to the
relevant committees of the Senate.
(B) Reporting and discharge.--If a relevant
committee of the Senate has not reported such covered
joint resolution within 10 session days after the date
of referral of such legislation, that committee shall
be discharged from further consideration of such
legislation and the covered joint resolution shall be
placed on the appropriate calendar.
(C) Proceeding to consideration.--Notwithstanding
Rule XXII of the Standing Rules of the Senate, it is in
order at any time after each committee authorized to
consider covered joint resolution reports it to the
Senate or has been discharged from its consideration
(even though a previous motion to the same effect has
been disagreed to) to move to proceed to the
consideration of the covered joint resolution, and all
points of order against covered joint resolution (and
against consideration of the covered joint resolution)
are waived. The motion to proceed is not debatable. The
motion is not subject to a motion to postpone. A motion
to reconsider the vote by which the motion is agreed to
or disagreed to shall not be in order. If a motion to
proceed to the consideration of the covered joint
resolution is agreed to, the covered joint resolution
shall remain the unfinished business until disposed of.
(D) Debate.--Debate on covered joint resolution,
and on all debatable motions and appeals in connection
therewith, shall be limited to not more than 10 hours,
which shall be divided equally between the majority and
minority leaders or their designees. A motion to
further limit debate is in order and not debatable. An
amendment to, or a motion to postpone, or a motion to
proceed to the consideration of other business, or a
motion to recommit the covered joint resolution is not
in order.
(E) Vote on passage.--The vote on passage shall
occur immediately following the conclusion of the
debate on the covered joint resolution and a single
quorum call at the conclusion of the debate, if
requested in accordance with the rules of the Senate.
(F) Rulings of the chair on procedure.--Appeals
from the decisions of the Chair relating to the
application of the rules of the Senate, as the case may
be, to the procedure relating to a covered joint
resolution shall be decided without debate.
(G) Consideration of veto messages.--Debate in the
Senate of any veto message with respect to a covered
joint resolution, including all debatable motions and
appeals in connection with such covered joint
resolution, shall be limited to 10 hours, to be equally
divided between, and controlled by, the Majority Leader
and the Minority Leader or their designees.
(5) Rules relating to senate and house of
representatives.--
(A) Coordination with action by other house.--If,
before the passage by one House of a covered joint
resolution of that House, that House receives a covered
joint resolution from the other House, then the
following procedures shall apply:
(i) The covered joint resolution of the
other House shall not be referred to a
committee.
(ii) With respect to covered joint
resolution of the House receiving the
legislation--
(I) the procedure in that House
shall be the same as if no covered
joint resolution had been received from
the other House; but
(II) the vote on passage shall be
on the covered joint resolution of the
other House.
(B) Treatment of a covered joint resolution of
other house.--If one House fails to introduce a covered
joint resolution under this section, the covered joint
resolution of the other House shall be entitled to
expedited floor procedures under this section.
(C) Treatment of companion measures.--If, following
passage of the covered joint resolution in the Senate,
the Senate then receives a companion measure from the
House of Representatives, the companion measure shall
not be debatable.
(c) Rules of Senate and House of Representatives.--Subsection (b)
is enacted by Congress--
(1) as an exercise of the rulemaking power of the Senate
and the House of Representatives, respectively, and as such are
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 legislation described in those
sections, and supersede other rules only to the extent that
they are 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.
(d) Effect of Covered Joint Resolution.--
(1) Joint resolutions of disapproval of designation.--A
joint resolution of disapproval of designation that is enacted
in accordance with this section shall remove the designation as
a foreign adversary of a foreign government or regime that is
the subject of the joint resolution of disapproval of
designation for purposes of this Act.
(2) Joint resolutions of disapproval of removal of
designation.--A joint resolution of disapproval of removal of
designation that is enacted in accordance with this section
shall prohibit the removal of designation as a foreign
adversary of a foreign government or regime that is the subject
of the joint resolution of disapproval of removal of
designation for purposes of this Act.
SEC. 8. IMPLEMENTING AUTHORITIES.
(a) Regulations.--In carrying out the responsibilities under this
Act, the Secretary may establish such rules, regulations, and
procedures as the Secretary considers appropriate.
(b) Classes of Transactions.--In conducting reviews, promulgating
regulations, implementing prohibitions or other mitigation measures, or
otherwise carrying out the responsibilities under this Act, the
Secretary may take action with respect to both individual covered
transactions and classes of covered transactions.
(c) Other Authorities.--
(1) In general.--The Secretary may issue guidance,
including advisory opinions, and establish procedures to carry
out this Act.
(2) Lists of foreign persons.--The Secretary may create
lists of foreign persons that may be subject to prohibitions or
restrictions and related mechanisms to revise and update such
lists periodically.
(3) Additional authority.--The Secretary may undertake any
other action as necessary to carry out the responsibilities
under this Act that is not otherwise prohibited by law.
(d) Advisory Committees.--The Secretary may appoint technical
advisory committees to advise the Secretary in carrying out the
responsibilities under this Act. Chapter 10 of part 1 of title 5,
United States Code, shall not apply to any meeting of such an advisory
committee held pursuant to this subsection.
SEC. 9. INFORMATION TO BE FURNISHED.
(a) In General.--The Secretary may require any party to a
transaction or holding under review or investigation pursuant to this
Act to furnish under oath, in the form of reports or otherwise, at any
time as may be required by the Secretary, complete information relative
to any act, transaction, or holding, subject to the provisions of this
Act.
(b) Authority.--In carrying out this Act, the Secretary may--
(1) require that information or reports required to be
submitted under subsection (a) include the production of any
documents relating to any act, transaction, or property
relating to a transaction or holding under review or
investigation;
(2) require information or reports required to be submitted
under subsection (a) before, during, or after consummation of a
transaction or holding under review or investigation; and
(3) conduct investigations, hold hearings, administer
oaths, examine witnesses, receive evidence, take depositions,
and require by subpoena the attendance and testimony of
witnesses and the production of any documents relating to any
transaction or holding under review or investigation,
regardless of whether any report has been required or filed in
connection therewith, including through another person or
agency.
(c) Format.--Any person producing any document to the Secretary
pursuant to this section shall produce the document in a format useable
to the Department of Commerce, which may be detailed in the request for
documents or otherwise agreed to by the parties.
(d) Confidentiality and Disclosure of Information.--
(1) In general.--Subject to paragraph (2), any information
or document not otherwise publicly or commercially available
that has been submitted to the Secretary under this Act shall
not be released publicly except to the extent required by
Federal law.
(2) Disclosure.--Not withstanding paragraph (1), the
Secretary may disclose information or documents that are not
otherwise publicly or commercially available in the following
circumstances:
(A) Pursuant to an administrative or judicial
proceeding, including any judicial review under section
12.
(B) Pursuant to an Act of Congress.
(C) Pursuant to a request from a relevant committee
of Congress.
(D) Pursuant to a request from any Federal, State,
or local governmental entity, or to any foreign
government entity of a United States ally or partner,
if such request is important to the national security
analysis or actions of the Secretary, but only to the
extent necessary for national security purposes, and
subject to appropriate confidentiality and
classification requirements.
(E) If any party to whom the information or
documents pertain consents to such disclosure.
(F) If the Secretary determines, in the sole and
unreviewable discretion of the Secretary, that the
release of such information is in the national interest
of the United States.
(G) Any other purpose authorized by Federal law.
SEC. 10. ENFORCEMENT.
(a) Investigations.--
(1) In general.--The President shall rely on, including by
delegation, the Secretary, and the heads of other Federal
agencies, as appropriate, to conduct investigations of
violations of any authorization, order, mitigation measure,
regulation, or prohibition issued under this Act.
(2) Actions by designees.--In conducting investigations
described in paragraph (1), designated officers or employees of
Federal agencies described that paragraph may, to the extent
necessary or appropriate to enforce this Act, exercise such
authority as is conferred upon them by any other Federal law,
subject to policies and procedures approved by the Attorney
General.
(b) Permitted Activities.--Officers and employees of agencies
authorized to conduct investigations under subsection (a) may--
(1) inspect, search, detain, seize, or impose temporary
denial orders with respect to items, in any form, or
conveyances on which it is believed that there are items that
have been, are being, or are about to be imported into the
United States in violation of this Act or any other applicable
Federal law;
(2) require, inspect, and obtain books, records, and any
other information from any person subject to the provisions of
this Act or other applicable Federal law;
(3) administer oaths or affirmations and, by subpoena,
require any person to appear and testify or to appear and
produce books, records, and other writings, or both; and
(4) obtain court orders and issue legal process to the
extent authorized under chapters 119, 121, and 206 of title 18,
United States Code, or any other applicable Federal law.
(c) Enforcement of Subpoenas.--In the case of contumacy by, or
refusal to obey a subpoena issued to, any person under subsection
(b)(3), a district court of the United States, after notice to such
person and a hearing, shall have jurisdiction to issue an order
requiring such person to appear and give testimony or to appear and
produce books, records, and other writings, regardless of format, that
are the subject of the subpoena. Any failure to obey such order of the
court may be punished by such court as a contempt thereof.
(d) Actions by the Attorney General.--The Attorney General may
bring an action in an appropriate district court of the United States
for appropriate relief, including declaratory and injunctive, or
divestment relief, against any person who violates this Act or any
regulation, order, direction, mitigation measure, prohibition, or other
authorization or directive issued under this Act. In any such action,
the limitations as described under section 12(b) shall apply.
SEC. 11. PENALTIES.
(a) Unlawful Acts.--
(1) In general.--It shall be unlawful for a person to
violate, attempt to violate, conspire to violate, or cause a
violation of any regulation, order, direction, mitigation
measure, prohibition, or other authorization or directive
issued under this Act, including any of the unlawful acts
described in paragraph (2).
(2) Specific unlawful acts.--The unlawful acts described in
this paragraph are the following:
(A) No person may engage in any conduct prohibited
by or contrary to, or refrain from engaging in any
conduct required by any regulation, order, direction,
mitigation measure, prohibition, or other authorization
or directive issued under this Act.
(B) No person may cause or aid, abet, counsel,
command, induce, procure, permit, or approve the doing
of any act prohibited by, or the omission of any act
required by any regulation, order, direction,
mitigation measure, prohibition, or other authorization
or directive issued under, this Act.
(C) No person may solicit or attempt a violation of
any regulation, order, direction, mitigation measure,
prohibition, or authorization or directive issued under
this Act.
(D) No person may conspire or act in concert with 1
or more other person in any manner or for any purpose
to bring about or to do any act that constitutes a
violation of any regulation, order, direction,
mitigation measure, prohibition, or other authorization
or directive issued under this Act.
(E) No person may, whether directly or indirectly
through any other person, make any false or misleading
representation, statement, or certification, or falsify
or conceal any material fact, to the Department of
Commerce or any official of any other executive
department or agency--
(i) in the course of an investigation or
other action subject to this Act, or any
regulation, order, direction, mitigation
measure, prohibition, or other authorization or
directive issued thereunder; or
(ii) in connection with the preparation,
submission, issuance, use, or maintenance of
any report filed or required to be filed
pursuant to this Act, or any regulation, order,
direction, mitigation measure, prohibition, or
other authorization or directive issued
thereunder.
(F) No person may engage in any transaction or take
any other action with intent to evade the provisions of
this Act, or any regulation, order, direction,
mitigation measure, prohibition, or other authorization
or directive issued thereunder.
(G) No person may fail or refuse to comply with any
reporting or recordkeeping requirement of this Act, or
any regulation, order, direction, mitigation measure,
prohibition, or other authorization or directive issued
thereunder.
(H) Except as specifically authorized in this
subchapter, any regulation, order, direction,
mitigation measure, or other authorization or directive
issued thereunder or in writing by the Department of
Commerce, no person may alter any order, direction,
mitigation measure, or other authorization or directive
issued under this Act or any related regulation.
(3) Additional requirements.--
(A) Continuation of effect.--For purposes of
paragraph (2)(E), any representation, statement, or
certification made by any person shall be deemed to be
continuing in effect until the person notifies the
Department of Commerce or relevant executive department
or agency in accordance with subparagraph (B).
(B) Notification.--Any person who makes a
representation, statement, or certification to the
Department of Commerce or any official of any other
executive department or agency relating to any order,
direction, mitigation measure, prohibition, or other
authorization or directive issued under this Act shall
notify the Department of Commerce or the relevant
executive department or agency, in writing, of any
change of any material fact or intention from that
previously represented, stated, or certified,
immediately upon receipt of any information that would
lead a reasonably prudent person to know that a change
of material fact or intention had occurred or may occur
in the future.
(b) Civil Penalties.--The Secretary may impose the following civil
penalties on a person for each violation by that person of this Act or
any regulation, order, direction, mitigation measure, prohibition, or
other authorization issued under this Act:
(1) A fine of not more than $250,000 or an amount that is
twice the value of the transaction that is the basis of the
violation with respect to which the penalty is imposed,
whichever is greater.
(2) Revocation of any mitigation measure or authorization
issued under this Act to the person.
(c) Criminal Penalties.--
(1) In general.--A person who willfully commits, willfully
attempts to commit, or willfully conspires to commit, or aids
or abets in the commission of an unlawful act described in
subsection (a) shall, upon conviction, be fined not more than
$1,000,000, or if a natural person, may be imprisoned for not
more than 20 years, or both.
(2) Civil forfeiture.--
(A) Forfeiture.--
(i) In general.--Any property, real or
personal, tangible or intangible, used or
intended to be used, in any manner, to commit
or facilitate a violation or attempted
violation described in paragraph (1) shall be
subject to forfeiture to the United States.
(ii) Proceeds.--Any property, real or
personal, tangible or intangible, constituting
or traceable to the gross proceeds taken,
obtained, or retained, in connection with or as
a result of a violation or attempted violation
described in paragraph (1) shall be subject to
forfeiture to the United States.
(B) Procedure.--Seizures and forfeitures under this
subsection shall be governed by the provisions of
chapter 46 of title 18, United States Code, relating to
civil forfeitures, except that such duties as are
imposed on the Secretary of Treasury under the customs
laws described in section 981(d) of title 18, United
States Code, shall be performed by such officers,
agents, and other persons as may be designated for that
purpose by the Secretary of Homeland Security or the
Attorney General.
(3) Criminal forfeiture.--
(A) Forfeiture.--Any person who is convicted under
paragraph (1) shall, in addition to any other penalty,
forfeit to the United States--
(i) any property, real or personal,
tangible or intangible, used or intended to be
used, in any manner, to commit or facilitate
the violation or attempted violation of
paragraph (1); and
(ii) any property, real or personal,
tangible or intangible, constituting or
traceable to the gross proceeds taken,
obtained, or retained, in connection with or as
a result of the violation.
(B) Procedure.--The criminal forfeiture of property
under this paragraph, including any seizure and
disposition of the property, and any related judicial
proceeding, shall be governed by the provisions of
section 413 of the Controlled Substances Act (21 U.S.C.
853), except subsections (a) and (d) of that section.
SEC. 12. JUDICIAL REVIEW.
(a) Definition.--In this section, the term ``classified
information''--
(1) has the meaning given the term in section 1(a) of the
Classified Information Procedures Act (18 U.S.C. App.); and
(2) includes--
(A) any information or material that has been
determined by the Federal Government pursuant to an
Executive order, statute, or regulation to require
protection against unauthorized disclosure for reasons
of national security; and
(B) any restricted data, as defined in section 11
of the Atomic Energy Act of 1954 (42 U.S.C. 2014).
(b) Administrative and Judicial Review.--Notwithstanding any other
provision of law, actions taken by the President and the Secretary, and
the findings of the President and the Secretary, under this Act shall
not be subject to administrative review or judicial review in any
Federal court, except as otherwise provided in this section. Actions
taken by the Secretary under this Act shall not be subject to sections
551, 553 through 559, and 701 through 707 of title 5, United States
Code.
(c) Petitions.--
(1) In general.--Not later than 60 days after the Secretary
takes action under section 3(a), or the President takes action
under section 4(c), an aggrieved person may apply for review by
filing a petition for review in the United States Court of
Appeals for the District of Columbia Circuit.
(2) Standard of review.--The court shall not disturb any
action taken by the Secretary under section 3(a), or by the
President under section 4(c), unless the petitioner
demonstrates that the action is unconstitutional or in patent
violation of a clear and mandatory statutory command.
(d) Exclusive Jurisdiction.--The United States Court of Appeals for
the District of Columbia Circuit shall have exclusive jurisdiction over
claims arising under this Act against the United States, any executive
department or agency, or any component or official of an executive
department or agency, subject to review by the Supreme Court of the
United States under section 1254 of title 28, United States Code.
(e) Administrative Record and Procedure.--
(1) In general.--The procedures described in this
subsection shall apply to the review of a petition for review
under this section.
(2) Filing of record.--The United States shall file with
the court an administrative record, which shall consist of the
information that the appropriate official relied upon in taking
a final action under this Act.
(3) Unclassified, nonprivileged information.--All
unclassified information contained in the administrative record
filed pursuant to paragraph (2) that is not otherwise
privileged or subject to statutory protections shall be
provided to the petitioner with appropriate protections for any
privileged or confidential trade secrets and commercial or
financial information.
(4) In camera and ex parte review.--The following
information may be included in the administrative record and
shall be submitted only to the court ex parte and in camera:
(A) Sensitive security information, as defined by
section 1520.5 of title 49, Code of Federal
Regulations.
(B) Privileged law enforcement information.
(C) Information obtained or derived from any
activity authorized under the Foreign Intelligence
Surveillance Act of 1978 (50 U.S.C. 1801 et seq.),
except that, with respect to such information,
subsections (c), (e), (f), (g), and (h) of section 106
(50 U.S.C. 1806), subsections (d), (f), (g), (h), and
(i) of section 305 (50 U.S.C. 1825), subsections (c),
(e), (f), (g), and (h) of section 405 (50 U.S.C. 1845),
and section 706 (50 U.S.C. 1881e) of that Act shall not
apply.
(D) Information subject to privilege or protections
under any other provision of law, including the
Currency and Foreign Transactions Reporting Act of 1970
(31 U.S.C. 5311 et seq.).
(5) Information under seal.--Any information that is part
of the administrative record filed ex parte and in camera under
paragraph (4), or cited by the court in any decision, shall be
treated by the court consistent with the provisions of this
section. In no event shall such information be released to the
petitioner or as part of the public record.
(6) Return.--After the expiration of the time to seek
further review, or the conclusion of further proceedings, the
court shall return the administrative record, including any and
all copies, to the United States.
(f) Exclusive Remedy.--A determination by the court under this
section shall be the exclusive judicial remedy for any claim described
in this section against the United States, any executive department or
agency, or any component or official of any such executive department
or agency.
(g) Rule of Construction.--Nothing in this section shall be
construed as limiting, superseding, or preventing the invocation of,
any privileges or defenses that are otherwise available at law or in
equity to protect against the disclosure of information.
SEC. 13. RELATIONSHIP TO OTHER LAWS.
(a) In General.--Except as expressly provided herein, nothing in
this Act shall be construed to alter or affect any other authority,
process, regulation, investigation, enforcement measure, or review
provided by or established under any other provision of Federal law,
including the Federal Acquisition Regulation or the International
Emergency Economic Powers Act (50 U.S.C. 1701 et seq.), or any other
authority of the President or Congress under the Constitution of the
United States.
(b) Relationship to Section 721 of the Defense Production Act of
1950.--
(1) In general.--Notwithstanding section 721(d)(4)(B) of
the Defense Production Act of 1950 (50 U.S.C. 4565(d)(4)(B)),
nothing in this Act shall prevent or preclude the President or
the Committee on Foreign Investment in the United States from
exercising any authority under section 721 of the Defense
Production Act of 1950 (50 U.S.C. 4565 et seq.), as would be
available in the absence of this Act.
(2) Authority of the president.--The President may not
exercise any authority under section 4 with respect to a
covered holding that directly resulted from a transaction if--
(A) the Committee on Foreign Investment in the
United States reviewed the transaction (or a broader
transaction that included the transaction) as a covered
transaction (as defined in section 721(a)(4) of the
Defense Production Act of 1950 (50 U.S.C. 4565(a)(4))
and its implementing regulations; and
(B) under section 721 of the Defense Production Act
of 1950 (50 U.S.C. 4565)--
(i) the Committee on Foreign Investment in
the United States cleared the transaction and
notified the parties to the transaction (or a
broader transaction that included the
transaction) that the Committee on Foreign
Investment in the United States completed all
action with respect to the transaction (or a
broader transaction that included the
transaction); or
(ii) the President announced a decision
declining to take action with respect to the
transaction (or a broader transaction that
included the transaction).
(3) Coordination.--The Secretary shall address coordination
with respect to review by the Committee on Foreign Investment
in the United States in implementing the procedures under this
Act.
(c) Limitation of Authority of the Secretary.--The Secretary may
not initiate a review of any transaction that involves the acquisition
of an information and communications technology product or service by a
United States person as a party to a transaction--
(1) authorized under a United States government-industrial
security program; or
(2) to meet an articulable national security or law
enforcement requirement.
SEC. 14. TRANSITION.
All delegations, rules, regulations, orders, determinations,
licenses, or other forms of administrative action taken by the
Secretary made, issued, conducted, or allowed to become effective under
Executive Order 13873 of May 19, 2019 and the International Emergency
Economic Powers Act (50 U.S.C. 1701 et seq.), including regulations
issued under part 7 of subtitle A of title 15, Code of Federal
Regulations, and are in effect as of the date of enactment of this Act,
shall continue in effect according to their terms and as if made,
issued, conducted, or allowed to become effective pursuant to the
authority of this Act, until modified, superseded, set aside, or
revoked under the authority of this Act, without regard to any
restriction or limitation under the International Emergency Economic
Powers Act (50 U.S.C. 1701 et seq.).
SEC. 15. MISCELLANEOUS.
(a) Paperwork Reduction Act.--The requirements of chapter 35 of
title 44, United States Code (commonly referred to as the ``Paperwork
Reduction Act''), shall not apply to any action by the Secretary to
implement this Act.
(b) Appointment of Candidates.--To expedite the ability of the
Secretary to implement this Act, the Secretary may appoint, without
regard to the provisions of sections 3309 through 3318 of title 5,
United States Code, candidates directly to positions in the competitive
service (as defined in section 212 of that title).
(c) Administrative Procedures.--Except with respect to a civil
penalty imposed pursuant to section 9(b) of this Act, the functions
exercised under this Act shall not be subject to sections 551, 553
through 559, and 701 through 706 of title 5, United States Code.
(d) Protected Information in Civil Actions.--If a civil action
challenging an action or finding under this Act is brought, and the
court determines that protected information in the administrative
record, including classified or other information subject to privilege
or protections under any provision of law, is necessary to resolve the
action, that information shall be submitted ex parte and in camera to
the court and the court shall maintain that information under seal.
This subsection does not confer or imply any right to judicial review.
(e) Applicability of Use of Information Provisions.--The use of
information provisions of sections 106, 305, 405, and 706 of the
Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1806, 1825,
1845, and 1881e) shall not apply in a civil action brought under this
Act.
(f) No Right of Access.--
(1) In general.--No provision of this Act shall be
construed to create a right to obtain access to information in
the possession of the Federal Government that was considered in
making a determination under this Act that a transaction is a
covered transaction or interest or to prohibit, mitigate, or
take action against a covered transaction or interest,
including any classified national security information or
sensitive but unclassified information.
(2) Inapplicability of foia.--Any information submitted to
the Federal Government by a party to a covered transaction in
accordance with this Act, as well as any information the
Federal Government may create relating to review of the covered
transaction, is exempt from disclosure under section 552 of
title 5, United States Code (commonly referred to as the
``Freedom of Information Act'').
SEC. 16. SEVERABILITY.
If any provision of this Act, or the application of such provision
to any person or circumstance is held to be invalid, the remainder of
this Act, and the application of the remaining provisions of this Act
to any person or circumstance, shall not be affected.
SEC. 17. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated such sums as may be
necessary to carry out this Act.
<all>
</pre></body></html>
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118S687
|
Safe Social Media Act
|
[
[
"S001217",
"Sen. Scott, Rick [R-FL]",
"sponsor"
]
] |
<p><b>Safe Social Media Act</b></p> <p>This bill requires a study on the use of social media platforms among individuals under age 18. A <i>social media platform</i> is a public-facing website, internet application, or mobile internet application (e.g., social network, search engine, or email service) with at least 30 million active monthly users in the United States.</p> <p>The Federal Trade Commission must coordinate with the Centers for Disease Control and Prevention to carry out the study, and the study must address matters such as frequency of usage, mental health effects linked to such usage, and policy recommendations.</p>
|
<html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 687 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 687
To require the Federal Trade Commission to conduct a study regarding
social media use by teenagers.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
March 7, 2023
Mr. Scott of Florida introduced the following bill; which was read
twice and referred to the Committee on Commerce, Science, and
Transportation
_______________________________________________________________________
A BILL
To require the Federal Trade Commission to conduct a study regarding
social media use by teenagers.
Be it enacted by the Senate 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 Social Media Act''.
SEC. 2. REPORT BY THE FTC ON SOCIAL MEDIA USE BY TEENAGERS.
The Federal Trade Commission, in coordination with the Director of
the Centers for Disease Control and Prevention, shall--
(1) conduct a study on social media platform use among
individuals younger than age 18, including--
(A) what personal information is collected by
social media platforms regarding such individuals;
(B) how such personal information is used by the
algorithms of the social media platforms;
(C) how often such individuals use social media
platforms daily;
(D) differences in use of social media platforms
related to the age ranges of such individuals;
(E) mental health effects on such individuals
linked to the use of social media platforms; and
(F) potential harmful effects on such individuals
from extended social media platform use; and
(2) not later than 1 year after the date of enactment of
this Act, submit to Congress a report on the findings of the
study under paragraph (1), including any recommended policy
changes based on such findings.
SEC. 3. DEFINITION OF SOCIAL MEDIA PLATFORM.
In this Act, the term ``social media platform'' means a public-
facing website, internet application, or mobile internet application,
including a social network, video sharing service, ad network, mobile
operating system, search engine, email service, or internet access
service, that has not less than 30,000,000 active monthly users in the
United States.
<all>
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118S688
|
DATA Act
|
[
[
"S001217",
"Sen. Scott, Rick [R-FL]",
"sponsor"
]
] |
<html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 688 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 688
To impose notice and consent requirements on internet platforms that
use algorithms to manipulate the availability of content on the
platform.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
March 7, 2023
Mr. Scott of Florida introduced the following bill; which was read
twice and referred to the Committee on Commerce, Science, and
Transportation
_______________________________________________________________________
A BILL
To impose notice and consent requirements on internet platforms that
use algorithms to manipulate the availability of content on the
platform.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Data and Algorithm Transparency
Agreement Act'' or the ``DATA Act''.
SEC. 2. NOTICE AND CONSENT REQUIREMENTS FOR INTERNET PLATFORMS THAT USE
ALGORITHMS TO MANIPULATE THE AVAILABILITY OF PLATFORM
CONTENT.
(a) In General.--Beginning 1 year after the date of enactment of
this Act, any covered platform shall comply with the requirements of
subsection (c).
(b) Definitions.--In this Act:
(1) Covered data.--The term ``covered data'' means, with
respect to an individual, data regarding the habits, traits,
preferences, beliefs, or location of the individual.
(2) Covered platform.--the term ``covered platform'' means
a public-facing website, internet application, or mobile
internet application, including a social network, video sharing
service, ad network, mobile operating system, search engine,
email service, or internet access service that--
(A) has not less than 30,000,000 active monthly
users in the United States; and
(B) uses an algorithm to increase or decrease the
availability of content on the website or application.
(c) Requirements.--
(1) No collection of covered data without consent.--
(A) In general.--A covered platform shall not
collect any covered data of an individual without
obtaining the individual's express consent for such
data collection.
(B) Revocation of consent; right to delete.--A
covered platform shall--
(i) allow any individual to revoke or
withdraw the individual's prior consent to the
covered platform collecting the individual's
covered data; and
(ii) at the request of an individual,
delete any covered data of the individual
collected or held by the platform.
(2) No sale, sharing, or conveyance of data without
consent.--
(A) In general.--A covered platform shall not sell,
share, or otherwise convey to a third party entity any
covered data of an individual without obtaining the
individual's express consent.
(B) Revocation of consent.--A covered platform
shall allow any individual to revoke or withdraw the
individual's prior consent to any sale, sharing, or
conveyance of the individual's covered data.
(3) Notice of requirements.--
(A) In general.--A covered platform shall provide
notice to users of the platform of the requirements
described in paragraphs (1) and (2).
(B) Manner of notification.--The notice required
under subparagraph (A) shall contain the information
described in subparagraph (C) and shall be provided by
a covered platform to a user--
(i) in plain language and in a conspicuous
manner;
(ii) in addition to any notice relating to
the terms of service of the platform;
(iii) each time the user logs in to the
platform unless the user affirmatively waives
receiving the notice; and
(iv) each time the platform modifies its
terms of service.
(C) Contents of notification.--A notice required
under this paragraph shall include the following:
(i) With respect to the collection of
covered data by a covered platform--
(I) the type of data to be
collected;
(II) whether the collection of data
will continue beyond the user's
immediate use of the covered platform;
and
(III) how the data will be used by
the covered platform.
(ii) With respect to the sale, sharing, or
conveyance of covered data by a covered
platform--
(I) the specific data that will be
sold, shared, or otherwise conveyed to
a third party entity;
(II) the name of any third party
entity to which data will be sold,
shared, or otherwise conveyed; and
(III) the country of origin of the
third party entity to which the data
will be sold, shared, or conveyed.
SEC. 3. ENFORCEMENT.
(a) Enforcement by the Federal Trade Commission.--
(1) Unfair or deceptive acts or practices.--A violation of
this Act or a regulation promulgated under this Act shall be
treated as an unfair or deceptive act or practice in violation
of a rule promulgated under section 18(a)(1)(B) of the Federal
Trade Commission Act (15 U.S.C. 57a(a)(1)(B)).
(2) Powers of the commission.--
(A) In general.--The Federal Trade Commission shall
enforce this Act and any regulation promulgated under
this Act in the same manner, by the same means, and
with the same jurisdiction, powers, and duties as
though all applicable terms and provisions of the
Federal Trade Commission Act (15 U.S.C. 41 et seq.)
were incorporated into and made a part of this Act.
(B) Privileges and immunities.--Any covered entity
who violates this Act or a regulation promulgated under
this Act shall be subject to the penalties and entitled
to the privileges and immunities provided in the
Federal Trade Commission Act (15 U.S.C. 41 et seq.).
(b) Private Right of Action.--
(1) In general.--An individual alleging a violation of this
Act may bring a civil action in any court of competent
jurisdiction, State or Federal.
(2) Injury in fact.--A violation of this Act with respect
to the requirements to notify and obtain the express consent of
the user before the user's data may be collected, sold, shared,
or otherwise conveyed to a third-party entity constitutes a
concrete and particularized injury in fact to that individual.
(3) Relief.--In a civil action brought under paragraph (1)
in which the plaintiff prevails, the court shall award--
(A) the greater of--
(i) not less than $5,000; and
(ii) actual damages; and
(B) reasonable attorney's fees and litigation
costs.
(c) Rulemaking.--The Federal Trade Commission shall promulgate in
accordance with section 553 of title 5, United States Code, such rules
as may be necessary to carry out this Act.
<all>
</pre></body></html>
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118S689
|
A bill to amend the Controlled Substances Act to define currently accepted medical use with severe restrictions, and for other purposes.
|
[
[
"B001288",
"Sen. Booker, Cory A. [D-NJ]",
"sponsor"
],
[
"P000603",
"Sen. Paul, Rand [R-KY]",
"cosponsor"
]
] |
<html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 689 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 689
To amend the Controlled Substances Act to define currently accepted
medical use with severe restrictions, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
March 7, 2023
Mr. Booker (for himself and Mr. Paul) 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 define currently accepted
medical use with severe restrictions, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. CURRENTLY ACCEPTED MEDICAL USE WITH SEVERE RESTRICTIONS.
(a) Definitions.--Section 102 of the Controlled Substances Act (21
U.S.C. 802) is amended by inserting after paragraph (7) the following:
``(7)(A) Subject to subparagraph (B), the term `currently
accepted medical use with severe restrictions', with respect to
a drug or other substance, includes a drug or other substance
that is an active metabolite, moiety, or ingredient (whether in
natural or synthetic form) of an investigational new drug for
which a waiver is in effect under section 505(i) of the Federal
Food, Drug, and Cosmetic Act (21 U.S.C. 355(i)) or section
351(a)(3) of the Public Health Service Act (42 U.S.C.
262(a)(3)) and that the Secretary--
``(i) designates as a breakthrough therapy under
section 506(a) of the Food Drug and Cosmetic Act (21
U.S.C. 356(a)); or
``(ii) authorizes for expanded access under
subsection (b) or (c) of section 561 of the Federal
Food, Drug, and Cosmetic Act (21 U.S.C. 360bbb), either
alone or as part of a therapeutic protocol, to treat
patients with serious or life-threatening diseases for
which no comparable or satisfactory therapies are
available.
``(B) A drug or other substance shall not meet the criteria
under subparagraph (A) for having a currently accepted medical
use with severe restrictions if--
``(i) in the case of a drug or other substance
described in subparagraph (A)(ii)--
``(I) the Secretary places the expanded
access or protocol for such drug on clinical
hold as described in section 312.42 of title
21, Code of Federal Regulations (or any
successor regulations);
``(II) there is no other investigational
new drug containing the drug or other substance
for which expanded access has been authorized
under section 561(a) of the Federal Food, Drug,
and Cosmetic Act (21 U.S.C. 360bbb(a)); and
``(III) the drug or other substance does
not meet the requirements of subparagraph
(A)(i); or
``(ii) the drug or other substance is approved
under section 505 of the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 355) or section 351 of the
Public Health Service Act (42 U.S.C. 262).''.
(b) Authority and Criteria for Classification of Substances.--
Section 201(j) of the Controlled Substances Act (21 U.S.C. 811(j)) is
amended--
(1) in paragraph (1), by inserting ``a drug designated as a
breakthrough therapy under section 506(a) of the Food Drug and
Cosmetic Act (21 U.S.C. 356(a)), or a drug authorized for
expanded access under subsection (b) or (c) of section 561 of
the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360bbb)''
after ``subsection (f),'';
(2) in paragraph (2)--
(A) in subparagraph (A), by striking ``; or'' and
inserting a semicolon;
(B) in subparagraph (B), by striking the period at
the end and inserting a semicolon; and
(C) by adding at the end the following:
``(C) the date on which the Attorney General
receives notification from the Secretary of Health and
Human Services that the Secretary has designated a drug
as a breakthrough therapy under section 506(a) of the
Food Drug and Cosmetic Act (21 U.S.C. 356(a)) or
authorized a drug for expanded access under subsection
(b) or (c) of section 561 of the Federal Food, Drug,
and Cosmetic Act (21 U.S.C. 360bbb); or
``(D) the date on which the Attorney General
receives any written notification demonstrating that
the Secretary, before the date of enactment of this
subparagraph, designated a drug as a breakthrough
therapy under section 506(a) of the Food Drug and
Cosmetic Act (21 U.S.C. 356(a)) or authorized a drug
for expanded access under subsection (b) or (c) of
section 561 of the Federal Food, Drug, and Cosmetic Act
(21 U.S.C. 360bbb).'';
(3) in paragraph (3), by inserting ``or paragraph (4)''
after ``paragraph (1)''; and
(4) by adding at the end the following:
``(4) With respect to a drug moved from schedule I to schedule II
pursuant to paragraph (1) and the expedited procedures described under
this subsection, if the drug no longer has a currently accepted medical
use with severe restrictions and the Secretary of Health and Human
Services recommends that the Attorney General control the drug in
schedule I pursuant to subsections (a) and (b), the Attorney General
shall, not later than 90 days after receiving written notification from
the Secretary, issue an interim final rule controlling the drug in
accordance with such subsections and section 202(b) using the
procedures described in paragraph (3) of this subsection.''.
<all>
</pre></body></html>
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118S69
|
SOAR Permanent Authorization Act
|
[
[
"J000293",
"Sen. Johnson, Ron [R-WI]",
"sponsor"
],
[
"F000062",
"Sen. Feinstein, Dianne [D-CA]",
"cosponsor"
],
[
"S001184",
"Sen. Scott, Tim [R-SC]",
"cosponsor"
],
[
"B001310",
"Sen. Braun, Mike [R-IN]",
"cosponsor"
]
] |
<p><b>SOAR Permanent Authorization Act</b></p> <p>This bill modifies and permanently reauthorizes the Scholarships for Opportunity and Results program. This program provides education funding for the District of Columbia, including for private school vouchers, public schools, and public charter schools.</p> <p>In particular, the bill revises (1) the list of accrediting bodies that may accredit participating schools, (2) the manner in which tutoring services provided under the program are funded, and (3) the program's reporting and evaluation requirements.</p>
|
<html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 69 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 69
To amend the SOAR Act.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
January 25, 2023
Mr. Johnson (for himself, Mrs. Feinstein, Mr. Scott of South Carolina,
and Mr. Braun) introduced the following bill; which was read twice and
referred to the Committee on Homeland Security and Governmental Affairs
_______________________________________________________________________
A BILL
To amend the SOAR 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 ``SOAR Permanent Authorization Act''.
SEC. 2. AMENDMENTS TO THE SOAR ACT.
The Scholarships for Opportunity and Results Act (division C of
Public Law 112-10) is amended--
(1) in section 3007 (sec. 38-1853.07 D.C. Official Code)--
(A) in subsection (a)(5)(A)(i), by striking
subclause (I) and inserting the following:
``(I) is fully accredited by an
accrediting body with jurisdiction in
the District of Columbia or that is
recognized by the Student and Visitor
Exchange English Language Program
administered by U.S. Immigration and
Customs Enforcement; or'';
(B) by striking subsection (c) and redesignating
subsection (d) as subsection (c);
(C) in subsection (b)--
(i) in the subsection heading, by striking
``and Parental Assistance'' and inserting ``,
Parental Assistance, and Student Academic
Assistance'';
(ii) in the matter preceding paragraph (1),
by striking ``$2,000,000'' and inserting
``$2,200,000''; and
(iii) by adding at the end the following:
``(3) The expenses of providing tutoring service to
participating eligible students that need additional academic
assistance. If there are insufficient funds to provide tutoring
services to all such students in a year, the eligible entity
shall give priority in such year to students who previously
attended an elementary school or secondary school identified as
one of the lowest-performing schools under the District of
Columbia's accountability system.''; and
(D) in subsection (c), as redesignated by
subparagraph (B)--
(i) in paragraph (2)(B), by striking
``subsections (b) and (c)'' and inserting
``subsection (b)''; and
(ii) in paragraph (3), by striking
``subsections (b) and (c)'' and inserting
``subsection (b)'';
(2) in section 3008(h) (sec. 38-1853.08(h) D.C. Official
Code)--
(A) in paragraph (1), by striking ``section
3009(a)(2)(A)(i)'' and inserting ``section 3009(a)'';
(B) by striking paragraph (2) and inserting the
following:
``(2) Administration of tests.--The Institute of Education
Sciences may administer assessments to students participating
in the evaluation under section 3009(a) for the purpose of
conducting the evaluation under such section.''; and
(C) in paragraph (3), by striking ``the nationally
norm-referenced standardized test described in
paragraph (2)'' and inserting ``a nationally norm-
referenced standardized test'';
(3) in section 3009(a) (sec. 38-1853.09(a) D.C. Official
Code)--
(A) in paragraph (1)(A), by striking ``annually''
and inserting ``regularly'';
(B) in paragraph (2)--
(i) in subparagraph (A), by striking clause
(i) and inserting the following:
``(i) is rigorous; and''; and
(ii) in subparagraph (B), by striking
``impact of the program'' and all that follows
through the end of the subparagraph and
inserting ``impact of the program on academic
progress and educational attainment.'';
(C) in paragraph (3)--
(i) in the paragraph heading, by striking
``on education'' and inserting ``of
education'';
(ii) in subparagraph (A)--
(I) by inserting ``the academic
progress of'' after ``assess''; and
(II) by striking ``in each of
grades 3'' and all that follows through
the end of the subparagraph and
inserting ``; and'';
(iii) by striking subparagraph (B); and
(iv) by redesignating subparagraph (C) as
subparagraph (B); and
(D) in paragraph (4)--
(i) in subparagraph (A)--
(I) by striking ``A comparison of
the academic achievement of
participating eligible students who use
an opportunity scholarship on the
measurements described in paragraph
(3)(B) to the academic achievement''
and inserting ``The academic progress
of participating eligible students who
use an opportunity scholarship compared
to the academic progress''; and
(II) by inserting ``, which may
include students'' after ``students
with similar backgrounds'';
(ii) in subparagraph (B), by striking
``increasing the satisfaction of such parents
and students with their choice'' and inserting
``those parents' and students' satisfaction
with the program'';
(iii) by striking subparagraph (D) through
(F) and inserting the following:
``(D) The high school graduation rates, college
enrollment rates, college persistence rates, and
college graduation rates of participating eligible
students who use an opportunity scholarship compared
with the rates of public school students described in
subparagraph (A), to the extent practicable.
``(E) The college enrollment rates, college
persistence rates, and college graduation rates of
students who participated in the program as the result
of winning the Opportunity Scholarship Program lottery
compared to the enrollment, persistence, and graduation
rates for students who entered but did not win such
lottery and who, as a result, served as the control
group for previous evaluations of the program under
this division. Nothing in this subparagraph may be
construed to waive section 3004(a)(3)(A)(iii) with
respect to any such student.
``(F) The safety of the schools attended by
participating eligible students who use an opportunity
scholarship compared with the schools attended by
public school students described in subparagraph (A),
to the extent practicable.''; and
(iv) in subparagraph (G), by striking
``achievement'' and inserting ``progress''; and
(4) in section 3014 (sec. 38-1853.14, D.C. Official Code)--
(A) in subsection (a), in the matter preceding
paragraph (1), by striking ``$60,000,000 for fiscal
year 2012 and for each fiscal year through fiscal year
2023'' and inserting ``$75,000,000 for fiscal year 2024
and for each succeeding fiscal year''; and
(B) in subsection (b), by striking ``$60,000,000''
and inserting ``$75,000,000''.
<all>
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118S690
|
NET Act
|
[
[
"H000273",
"Sen. Hickenlooper, John W. [D-CO]",
"sponsor"
],
[
"M000934",
"Sen. Moran, Jerry [R-KS]",
"cosponsor"
],
[
"T000464",
"Sen. Tester, Jon [D-MT]",
"cosponsor"
],
[
"C001047",
"Sen. Capito, Shelley Moore [R-WV]",
"cosponsor"
]
] |
<p><strong>Network Equipment Transparency Act or the NET Act</strong></p> <p>This bill requires the Federal Communications Commission (FCC) to determine (subject to available data) whether the lack of network equipment significantly impacted the deployment of broadband and other advanced telecommunications capability. The FCC must include this determination in its biennial report on the state of the communications marketplace. </p>
|
<html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 690 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 690
To direct the Federal Communications Commission to evaluate and
consider the impact of the telecommunications network equipment supply
chain on the deployment of universal service, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
March 7, 2023
Mr. Hickenlooper (for himself, Mr. Moran, Mr. Tester, and Mrs. Capito)
introduced the following bill; which was read twice and referred to the
Committee on Commerce, Science, and Transportation
_______________________________________________________________________
A BILL
To direct the Federal Communications Commission to evaluate and
consider the impact of the telecommunications network equipment supply
chain on the deployment of universal service, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Network Equipment Transparency Act''
or the ``NET Act''.
SEC. 2. TELECOMMUNICATIONS SUPPLY CHAIN CONSIDERATION.
Section 13 of the Communications Act of 1934 (47 U.S.C. 163) is
amended--
(1) by redesignating subsection (d) as subsection (e); and
(2) by inserting after subsection (c) the following:
``(d) Status of Telecommunications Supply Chain.--In each report
required by subsection (a), the Commission shall, to the extent that
data is available, determine whether a lack of network equipment
significantly impacted the deployment of advanced telecommunications
capability during the applicable reporting period.''.
<all>
</pre></body></html>
|
[
"Science, Technology, Communications"
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|
118S691
|
Taylor Force Martyr Payment Prevention Act of 2023
|
[
[
"C001095",
"Sen. Cotton, Tom [R-AR]",
"sponsor"
],
[
"B001243",
"Sen. Blackburn, Marsha [R-TN]",
"cosponsor"
],
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"B001310",
"Sen. Braun, Mike [R-IN]",
"cosponsor"
],
[
"C001096",
"Sen. Cramer, Kevin [R-ND]",
"cosponsor"
],
[
"C001098",
"Sen. Cruz, Ted [R-TX]",
"cosponsor"
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"cosponsor"
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"cosponsor"
],
[
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"cosponsor"
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[
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"cosponsor"
],
[
"H001079",
"Sen. Hyde-Smith, Cindy [R-MS]",
"cosponsor"
],
[
"L000575",
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"cosponsor"
],
[
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"Sen. Marshall, Roger [R-KS]",
"cosponsor"
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"R000595",
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"cosponsor"
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"cosponsor"
],
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"cosponsor"
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"cosponsor"
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"cosponsor"
],
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"cosponsor"
],
[
"C001047",
"Sen. Capito, Shelley Moore [R-WV]",
"cosponsor"
]
] |
<html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 691 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 691
To deter foreign financial institutions from providing banking services
for the benefit of foreign terrorist organizations and from
facilitating or promoting payments for acts of terrorism.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
March 7, 2023
Mr. Cotton (for himself, Mrs. Blackburn, Mr. Braun, Mr. Cramer, Mr.
Cruz, Mr. Daines, Mr. Graham, Mr. Grassley, Mr. Hagerty, Mr. Hoeven,
Mrs. Hyde-Smith, Mr. Lankford, Mr. Marshall, Mr. Rubio, Mr. Scott of
Florida, Mr. Thune, Mr. Wicker, and Mr. Young) introduced the following
bill; which was read twice and referred to the Committee on Banking,
Housing, and Urban Affairs
_______________________________________________________________________
A BILL
To deter foreign financial institutions from providing banking services
for the benefit of foreign terrorist organizations and from
facilitating or promoting payments for acts of terrorism.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Taylor Force Martyr Payment
Prevention Act of 2023''.
SEC. 2. FINDINGS; SENSE OF CONGRESS.
(a) Findings.--Congress makes the following findings:
(1) Banks in nominally friendly jurisdictions evade United
States anti-terrorism sanctions by avoiding an official
presence in the United States, and continue to knowingly
provide banking services, including dollar-denominated
transactions, for terrorist organizations that target United
States nationals for murder.
(2) Such flouting of anti-terrorism financial regulations
is only possible through the maintenance or use of
correspondent accounts at United States banks for the benefit
of terrorist organizations.
(b) Sense of Congress.--It is the sense of Congress that under
authority granted by section 5318A of title 31, United States Code, as
amended by section 3, the Secretary of the Treasury should--
(1) find foreign financial institutions that flout anti-
terrorism financial regulations to be of primary money
laundering concern; and
(2) prohibit the maintenance or use of correspondent
accounts in the United States by such institutions.
SEC. 3. CONSIDERATION OF FACILITATION OF TERRORISM IN DESIGNATING
INSTITUTIONS, ACCOUNTS, AND TRANSACTIONS AS OF PRIMARY
MONEY LAUNDERING CONCERN.
Section 5318A(c)(2)(B) of title 31, United States Code, is
amended--
(1) in the matter preceding clause (i), by striking ``all
3'' and inserting ``all of the preceding'';
(2) in clause (ii), by striking ``; and'' and inserting a
semicolon; and
(3) by adding at the end the following:
``(iv) notwithstanding clause (ii), the
extent to which such institutions knowingly
provide, or cause other financial institutions
to provide, financial services (including
personal banking services) to the entity
described in subsection (a) of section 594.319
of title 31, Code of Federal Regulations (or a
successor regulation), or persons described in
subsection (b) of that section; and
``(v) the extent to which such
institutions, transactions, or types of
accounts are used to facilitate or promote
payments for acts of terrorism described in
section 1004(a)(1)(B) of the Taylor Force Act
(22 U.S.C. 2378c-1(a)(1)(B)).''.
<all>
</pre></body></html>
|
[
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] |
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118S692
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A bill to require the Social Security Administration to make changes to the social security terminology used in the rules, regulation, guidance, or other materials of the Administration.
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<html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 692 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 692
To require the Social Security Administration to make changes to the
social security terminology used in the rules, regulation, guidance, or
other materials of the Administration.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
March 7, 2023
Mr. Cassidy (for himself, Mr. Coons, Ms. Collins, and Mr. Kaine)
introduced the following bill; which was read twice and referred to the
Committee on Finance
_______________________________________________________________________
A BILL
To require the Social Security Administration to make changes to the
social security terminology used in the rules, regulation, guidance, or
other materials of the Administration.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. CHANGES TO SOCIAL SECURITY TERMINOLOGY.
Not later than January 1, 2025, the Commissioner of Social Security
shall ensure that, in any rules, regulation, guidance, or other
materials of the Social Security Administration, whether online or in
print--
(1) the term ``early eligibility age'' is replaced with the
term ``minimum benefit age'';
(2) the terms ``full retirement age'' and ``normal
retirement age'' are replaced with the term ``standard benefit
age''; and
(3) the term ``delayed retirement credit'' shall not be
used and any reference to age 70 as the maximum age up to which
delayed retirement credits can be received shall be replaced
with the term ``maximum benefit age''.
<all>
</pre></body></html>
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118S693
|
Eliminating Executive Branch Insider Trading Act
|
[
[
"H001089",
"Sen. Hawley, Josh [R-MO]",
"sponsor"
]
] |
<html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 693 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 693
To amend chapter 131 of title 5, United States Code, to prohibit
certain executive branch officials from holding individual stocks, and
for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
March 7, 2023
Mr. Hawley introduced the following bill; which was read twice and
referred to the Committee on Homeland Security and Governmental Affairs
_______________________________________________________________________
A BILL
To amend chapter 131 of title 5, United States Code, to prohibit
certain executive branch officials from holding individual stocks, and
for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Eliminating Executive Branch Insider
Trading Act''.
SEC. 2. SENSE OF CONGRESS.
It is the sense of Congress that executive branch officials should
not have a personal financial interest in the outcome of Government
policy decisions.
SEC. 3. BANNING INSIDER TRADING IN THE EXECUTIVE BRANCH.
(a) In General.--Chapter 131 of title 5, United States Code, is
amended by adding at the end the following:
``Subchapter IV--Banning Insider Trading in the Executive Branch
``Sec. 13161. Definitions
``In this subchapter:
``(1) Covered financial instrument.--
``(A) In general.--The term `covered financial
instrument' means--
``(i) any investment in--
``(I) a security (as defined in
section 3(a) of Securities Exchange Act
of 1934 (15 U.S.C. 78c(a)));
``(II) a security future (as
defined in that section); or
``(III) a commodity (as defined in
section 1a of the Commodity Exchange
Act (7 U.S.C. 1a)); or
``(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 covered individual who is a
spouse or dependent of an individual described
in subparagraphs (A) through (E) of paragraph
(2).
``(2) Covered individual.--The term `covered individual'
means--
``(A) the President;
``(B) the Vice President;
``(C) each officer or employee in the executive
branch, including a special Government employee as
defined in section 202 of title 18, who occupies a
position classified GS-15 or above of the General
Schedule or, in the case of positions not under the
General Schedule, for which the rate of basic pay is
equal to or greater than 120 percent of the minimum
rate of basic pay payable for GS-15 of the General
Schedule;
``(D) each member of a uniformed service whose pay
grade is at or in excess of O-7 under section 201 of
title 37;
``(E) each officer or employee in any other
position determined by the Director of the Office of
Government Ethics to be of equal classification to the
positions described in subparagraphs (C) and (D); and
``(F) the spouse of any individual described in
subparagraphs (A) through (E).
``(3) Qualified blind trust.--The term `qualified blind
trust' has the meaning given the term in section 13104(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. 13162. Prohibition on certain transactions and holdings
involving covered financial instruments
``(a) Prohibition.--Except as provided in subsection (b), covered
individual, or any spouse of a covered individual, may not, during the
term of service of the covered individual, hold, purchase, or sell any
covered financial instrument.
``(b) Exceptions.--The prohibition under subsection (a) shall not
apply to--
``(1) a sale by a covered individual, or a spouse of a
covered individual, that is completed by the date that is--
``(A) for a covered individual serving on the date
of enactment of the Eliminating Executive Branch
Insider Trading Act, 180 days after that date of
enactment; and
``(B) for any covered individual who commences
service as a covered individual after the date of
enactment of Eliminating Executive Branch Insider
Trading 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
covered individual or spouse of the covered individual.
``(c) Penalties.--
``(1) Disgorgement.--A covered individual shall disgorge to
the Treasury of the United States any profit from a transaction
or holding involving a covered financial instrument that is
conducted in violation of this section.
``(2) Fines.--A covered individual 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 Attorney General under section 13163.
``Sec. 13163. Civil penalties
``(a) Civil Action.--The Attorney General may bring a civil action
in any appropriate United States district court against any covered
individual who violates any provision of section 13162.
``(b) Civil Penalty.--The court in which any action is brought
under subsection (a) may assess against a covered individual a civil
penalty of not more than $10,000 or the amount of compensation, if any,
that the covered individual received for the prohibited conduct,
whichever is greater.
``Sec. 13164. Audit by Government Accountability Office
``Not later than 2 years after the date of enactment of the
Eliminating Executive Branch Insider Trading Act, and annually
thereafter, the Comptroller General of the United States shall--
``(1) conduct an audit of the compliance by a
representative sample of covered individuals with the
requirements of this subchapter; and
``(2) submit to the supervising ethics committees a report
describing the results of the audit conducted under paragraph
(1).''.
(b) Clerical Amendment.--The table of sections for chapter 131 of
title 5, United States Code, is amended by adding at the end the
following:
``subchapter iv--banning insider trading in congress
``13161. Definitions.
``13162. Prohibition on certain transactions and holdings involving
covered financial instruments.
``13163. Civil penalties.
``13164. Audit by Government Accountability Office.''.
<all>
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118S694
|
Modern, Clean, and Safe Trucks Act of 2023
|
[
[
"Y000064",
"Sen. Young, Todd [R-IN]",
"sponsor"
],
[
"C000141",
"Sen. Cardin, Benjamin L. [D-MD]",
"cosponsor"
]
] |
<p><b> Modern, Clean, and Safe Trucks Act of 202</b><strong>3</strong></p> <p>This bill repeals the 12% excise tax on the retail sale of heavy trucks and trailers.</p>
|
<html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 694 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 694
To amend the Internal Revenue Code of 1986 to repeal the excise tax on
heavy trucks and trailers, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
March 8, 2023
Mr. Young (for himself 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 repeal the excise tax on
heavy trucks and trailers, and for other 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 ``Modern, Clean, and Safe Trucks Act
of 2023''.
SEC. 2. FINDINGS.
Congress finds that--
(1) the 12-percent Federal retail excise tax on certain new
heavy trucks, tractors, and trailers, coupled with new
regulatory mandates, significantly increases the cost of new
heavy-duty trucks, tractors, and trailers and discourages the
replacement of older, less environmentally clean and less fuel
economical vehicles;
(2) this 12-percent Federal retail excise tax is the
highest percentage rate of any Federal ad valorem excise tax;
(3) the Federal excise tax was first levied by Congress in
1917 to help finance America's involvement in World War I;
(4) the 12-percent Federal retail excise tax routinely adds
between $12,000 and $22,000 to the cost of a new heavy truck,
tractor, or trailer;
(5) nearly half of the Class 8 trucks on the road are over
10 years old and lack a decade of environmental and safety
technological advancements;
(6) from 2007 to 2020, new trucks have reduced carbon
dioxide emissions by 202,000,000 tons, nitrogen oxide emissions
by 27,000,000 tons, and saved 20,000,000,000 gallons of diesel
and 472,000,000 barrels of crude oil;
(7) an owner of a single Class 8 truck powered by the
latest clean diesel engine can expect to save about 2,200
gallons of fuel each year compared to previous generations of
technology;
(8) since the late 1990s, cleaner fuel and advanced engines
have combined to reduce nitrogen oxide (NO<INF>x</INF>)
emissions and particulate matter (PM) emissions by 98 percent;
(9) the Federal excise tax disproportionately impacts
electric and alternative-fueled trucks, which currently have a
higher up front cost, at a time when adoption of these
technologies is needed to accelerate the transition to zero
emission vehicles and the reduction of carbon pollution from
transportation;
(10) In 2020, there were approximately 1,300,000 United
States manufacturing, supplier, dealership, and heavy-duty
trucking and trailer related jobs;
(11) since the Federal retail excise tax on certain new
heavy trucks, tractors, and trailers is based on annual sales,
receipts from the tax deposited in the Highway Trust Fund can
vary greatly;
(12) Congress should consider a more reliable and
consistent revenue mechanism to fund the Highway Trust Fund;
(13) Congress should advance the deployment of the most
modern, clean, and safe trucks through eliminating the Federal
excise tax on trucks; and
(14) repealing the Federal excise tax would result in the
replacement of older internal combustion engine trucks with new
heavy duty trucks that employ the latest safety and
environmental technologies.
SEC. 3. REPEAL OF EXCISE TAX ON HEAVY TRUCKS AND TRAILERS.
(a) In General.--Chapter 31 of the Internal Revenue Code of 1986 is
amended by striking subchapter C (and by striking the item relating to
such subchapter from the table of subchapters for such chapter).
(b) Conforming Amendments.--
(1) Section 4072(c) of such Code is amended to read as
follows:
``(c) Tires of the Type Used on Highway Vehicles.--
``(1) In general.--For purposes of this part, the term
`tires of the type used on highway vehicles' means tires of the
type used on--
``(A) motor vehicles which are highway vehicles, or
``(B) vehicles of the type used in connection with
motor vehicles which are highway vehicles.
``(2) Exception for mobile machinery.--
``(A) In general.--Such term shall not include
tires of a type used exclusively on mobile machinery.
``(B) Mobile machinery.--For purposes of
subparagraph (A), the term `mobile machinery' means any
vehicle which consists of a chassis--
``(i) to which there has been permanently
mounted (by welding, bolting, riveting, or
other means) machinery or equipment to perform
a construction, manufacturing, processing,
farming, mining, drilling, timbering, or
similar operation if the operation of the
machinery or equipment is unrelated to
transportation on or off the public highways,
``(ii) which has been specially designed to
serve only as a mobile carriage and mount (and
a power source, where applicable) for the
particular machinery or equipment involved,
whether or not such machinery or equipment is
in operation, and
``(iii) which, by reason of such special
design, could not, without substantial
structural modification, be used as a component
of a vehicle designed to perform a function of
transporting any load other than that
particular machinery or equipment or similar
machinery or equipment requiring such a
specially designed chassis.''.
(2) Section 4221 of such Code is amended--
(A) in subsection (a)--
(i) by striking ``(or under subchapter C of
chapter 31 on the first retail sale)'', and
(ii) by striking ``4051 or'',
(B) in subsection (c), by striking ``and in the
case of any article sold free of tax under section
4053(6),'', and
(C) in subsection (d)(1), by striking ``, and, in
the case of the taxes imposed by subchapter C of
chapter 31, includes the retailer with respect to the
first retail sale''.
(3) Section 4222(d) of such Code is amended by striking
``4053(6),''.
(4) Section 4293 of such Code is amended by striking
``section 4051,''.
(5) Section 4483(g) of such Code is amended by striking
``section 4053(8)'' and inserting ``section 4072(c)(2)''.
(6) Section 6416(b)(2) of such Code is amended by striking
``or under section 4051''.
(7) Section 6416(b) of such Code is amended by striking
paragraph (6).
(8) Section 9503(b)(1) of such Code is amended by striking
subparagraph (B) and by redesignating subparagraphs (C), (D),
and (E) as subparagraphs (B), (C), and (D), respectively.
(c) Effective Date.--The amendments made by this section shall
apply to sales and installations on or after the date of the
introduction of this Act.
<all>
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118S695
|
A bill to repeal the provisions of the Infrastructure Investment and Jobs Act that impose new information reporting requirements with respect to digital asset transfers.
|
[
[
"C001098",
"Sen. Cruz, Ted [R-TX]",
"sponsor"
]
] |
<p>This bill repeals provisions of the Infrastructure Investment and Jobs Act with respect to the definition of<em> broker </em>and reporting requirements for digital assets.</p>
|
<html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 695 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 695
To repeal the provisions of the Infrastructure Investment and Jobs Act
that impose new information reporting requirements with respect to
digital asset transfers.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
March 8, 2023
Mr. Cruz introduced the following bill; which was read twice and
referred to the Committee on Finance
_______________________________________________________________________
A BILL
To repeal the provisions of the Infrastructure Investment and Jobs Act
that impose new information reporting requirements with respect to
digital asset transfers.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. REPEAL OF NEW INFORMATION REPORTING REQUIREMENTS WITH
RESPECT TO DIGITAL ASSET TRANSFERS.
(a) In General.--The amendments made by section 80603 of the
Infrastructure Investment and Jobs Act are repealed and the provisions
of law amended by such section are restored as if such section had
never been enacted.
(b) Effective Date.--The repeal made by subsection (a) shall take
effect on the date of enactment of this Act.
<all>
</pre></body></html>
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[
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118S696
|
Border Safety and Security Act of 2023
|
[
[
"T000278",
"Sen. Tuberville, Tommy [R-AL]",
"sponsor"
],
[
"B001319",
"Sen. Britt, Katie Boyd [R-AL]",
"cosponsor"
],
[
"V000137",
"Sen. Vance, J. D. [R-OH]",
"cosponsor"
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[
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"Sen. Blackburn, Marsha [R-TN]",
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"cosponsor"
],
[
"C001098",
"Sen. Cruz, Ted [R-TX]",
"cosponsor"
]
] |
<html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 696 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 696
To authorize the Secretary of Homeland Security to suspend the entry of
aliens in order to achieve operational control of the border, and for
other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
March 8, 2023
Mr. Tuberville (for himself, Mrs. Britt, Mr. Vance, Mrs. Blackburn, and
Mr. Lee) introduced the following bill; which was read twice and
referred to the Committee on the Judiciary
_______________________________________________________________________
A BILL
To authorize the Secretary of Homeland Security to suspend the entry of
aliens in order to achieve operational control of the border, and for
other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Border Safety and Security Act of
2023''.
SEC. 2. SUSPENSION OF ENTRY OF ALIENS.
(a) Definitions.--In this section:
(1) In general.--Except as otherwise provided, the terms
used in this section have the meanings given such terms in
section 101 of the Immigration and Nationality Act (8 U.S.C.
1101).
(2) Covered alien.--The term ``covered alien'' means an
alien seeking entry to the United States who is inadmissible
under paragraph (6) or (7) of section 212(a) of the Immigration
and Nationality Act (8 U.S.C. 1182(a)).
(3) Operational control.--The term ``operational control''
has the meaning given such term in section 2(b) of the Secure
Fence Act of 2006 (8 U.S.C. 1701 note).
(b) Authority To Suspend Entry of Aliens at Borders of the United
States.--Notwithstanding any other provision of law, if the Secretary
of Homeland Security determines, in the discretion of the Secretary,
that the suspension of the entry of covered aliens at an international
land or maritime border of the United States is necessary in order to
achieve operational control over such border, the Secretary may
prohibit, in whole or in part, the entry of covered aliens at such
border for such period as the Secretary determines is necessary for
such purpose.
(c) Required Suspension of Entry of Aliens.--Notwithstanding any
other provision of law, the Secretary of Homeland Security shall
prohibit the entry of covered aliens for any period during which the
Secretary cannot--
(1) detain such covered aliens in accordance with section
235(b)(1)(B) of the Immigration and Nationality Act (8 U.S.C.
1225(b)(1)(B)); or
(2) place such covered aliens in a program consistent with
section 235(b)(2)(C) of the Immigration and Nationality Act (8
U.S.C. 1225(b)(2)(C)).
(d) Enforcement by State Attorneys General.--The attorney general
of a State, or another authorized State officer, alleging a violation
of a subsection (c) that affects such State or its residents, may bring
an action against the Secretary of Homeland Security on behalf of the
residents of such State in an appropriate United States district court
to obtain appropriate injunctive relief.
<all>
</pre></body></html>
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|
118S697
|
Treating Tribes and Counties as Good Neighbors Act
|
[
[
"R000584",
"Sen. Risch, James E. [R-ID]",
"sponsor"
],
[
"T000464",
"Sen. Tester, Jon [D-MT]",
"cosponsor"
],
[
"D000618",
"Sen. Daines, Steve [R-MT]",
"cosponsor"
],
[
"C000880",
"Sen. Crapo, Mike [R-ID]",
"cosponsor"
],
[
"P000145",
"Sen. Padilla, Alex [D-CA]",
"cosponsor"
]
] |
<p><b>Treating Tribes and Counties as Good Neighbors Act </b></p> <p>This bill revises the Good Neighbor Authority program to modify the treatment of revenue from timber sale contracts under good neighbor agreements with the Department of Agriculture (USDA) and the Department of the Interior. (The Good Neighbor Authority permits USDA and Interior to enter into cooperative agreements or contracts with states, counties, and Indian tribes to perform forest, rangeland, and watershed restoration services on federal land managed by the Forest Service or the Bureau of Land Management.)</p> <p>Specifically, the bill (1) requires Indian tribes and counties to retain revenue generated from timber sales under a good neighbor agreement; and (2) allows states, counties, and Indian tribes to use such revenue for authorized restoration projects on nonfederal lands under a good neighbor agreement. (Under current law, only a state is permitted to retain the revenues, and the revenues must be used for restoration projects on federal land.)</p>
|
<html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 697 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 697
To amend the Agricultural Act of 2014 to modify the treatment of
revenue from timber sale contracts and certain payments made by
counties to the Secretary of Agriculture and the Secretary of the
Interior under good neighbor agreements, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
March 8, 2023
Mr. Risch introduced the following bill; which was read twice and
referred to the Committee on Agriculture, Nutrition, and Forestry
_______________________________________________________________________
A BILL
To amend the Agricultural Act of 2014 to modify the treatment of
revenue from timber sale contracts and certain payments made by
counties to the Secretary of Agriculture and the Secretary of the
Interior under good neighbor agreements, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Treating Tribes and Counties as Good
Neighbors Act''.
SEC. 2. MODIFICATION OF THE TREATMENT OF CERTAIN REVENUE AND PAYMENTS
UNDER GOOD NEIGHBOR AGREEMENTS.
(a) Good Neighbor Authority.--Section 8206 of the Agricultural Act
of 2014 (16 U.S.C. 2113a) is amended--
(1) in subsection (a)(6), by striking ``or Indian tribe'';
and
(2) in subsection (b)--
(A) in paragraph (1)(A), by inserting ``, Indian
tribe,'' after ``Governor'';
(B) in paragraph (2)(C), by striking clause (i) and
inserting the following:
``(i) In general.--Funds received from the
sale of timber by a Governor, an Indian tribe,
or a county under a good neighbor agreement
shall be retained and used by the Governor,
Indian tribe, or county, as applicable--
``(I) to carry out authorized
restoration services under the good
neighbor agreement; and
``(II) if there are funds remaining
after carrying out subclause (I), to
carry out authorized restoration
services under other good neighbor
agreements.'';
(C) in paragraph (3), by inserting ``, Indian
tribe,'' after ``Governor''; and
(D) by striking paragraph (4).
(b) Conforming Amendments.--Section 8206(a) of the Agricultural Act
of 2014 (16 U.S.C. 2113a(a)) is amended--
(1) in paragraph (1)(B), by inserting ``, Indian tribe,''
after ``Governor''; and
(2) in paragraph (5), by inserting ``, Indian tribe,''
after ``Governor''.
(c) Effective Date.--The amendments made by this Act apply to any
project initiated pursuant to a good neighbor agreement (as defined in
section 8206(a) of the Agricultural Act of 2014 (16 U.S.C. 2113a(a)))--
(1) before the date of enactment of this Act, if the
project was initiated after the date of enactment of the
Agriculture Improvement Act of 2018 (Public Law 115-334; 132
Stat. 4490); or
(2) on or after the date of enactment of this Act.
<all>
</pre></body></html>
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118S698
|
Drug Cartel Terrorist Designation Act
|
[
[
"M001198",
"Sen. Marshall, Roger [R-KS]",
"sponsor"
],
[
"S001217",
"Sen. Scott, Rick [R-FL]",
"cosponsor"
]
] |
<html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 698 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 698
To direct the Secretary of State to designate certain Mexican drug
cartels as foreign terrorist organizations, and to submit a report to
Congress justifying such designations in accordance with section 219 of
the Immigration and Nationality Act.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
March 8, 2023
Mr. Marshall (for himself and Mr. Scott of Florida) introduced the
following bill; which was read twice and referred to the Committee on
Foreign Relations
_______________________________________________________________________
A BILL
To direct the Secretary of State to designate certain Mexican drug
cartels as foreign terrorist organizations, and to submit a report to
Congress justifying such designations in accordance with section 219 of
the Immigration and Nationality 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 ``Drug Cartel Terrorist Designation
Act''.
SEC. 2. REPORT ON DESIGNATION OF CERTAIN DRUG CARTELS AS FOREIGN
TERRORIST ORGANIZATIONS.
(a) Sense of Congress.--It is the sense of Congress that each of
the drug cartels referred to in subsection (c) meets the criteria for
designation as a foreign terrorist organization under section 219 of
the Immigration and Nationality Act (8 U.S.C. 1189).
(b) Defined Term.--In this section, the term ``appropriate
committees of Congress'' means--
(1) the Committee on Armed Services of the Senate;
(2) the Committee on Banking, Housing, and Urban Affairs of
the Senate;
(3) the Committee on Foreign Relations of the Senate;
(4) the Committee on the Judiciary of the Senate;
(5) the Committee on Homeland Security and Governmental
Affairs of the Senate;
(6) the Select Committee on Intelligence of the Senate;
(7) the Committee on Armed Services of the House of
Representatives;
(8) the Committee on Financial Services of the House of
Representatives;
(9) the Committee on Foreign Affairs of the House of
Representatives;
(10) the Committee on the Judiciary of the House of
Representatives;
(11) the Committee on Homeland Security of the House of
Representatives; and
(12) the Permanent Select Committee on Intelligence of the
House of Representatives.
(c) Designation.--
(1) In general.--The Secretary of State shall designate
each of the following Mexican drug cartels as a foreign
terrorist organization under section 219(a) of the Immigration
and Nationality Act (8 U.S.C. 1189(a)):
(A) The Reynosa/Los Metros faction of the Gulf
Cartel.
(B) The Cartel Del Noreste faction of Los Zetas.
(C) The Jalisco New Generation Cartel.
(D) The Sinaloa Cartel.
(2) Additional cartels.--The Secretary of State shall
designate any Mexican drug cartel, or any faction of such a
cartel, as a foreign terrorist organization if such cartel or
faction meets the criteria described in such section 219(a).
(d) Report.--
(1) Report required.--Not later than 30 days after the date
of the enactment of this Act, the Secretary of State, in
consultation with the Director of National Intelligence, shall
submit a detailed report to the appropriate committees of
Congress regarding--
(A) each of the drug cartels referred to in
subsection (c)(1) that describes the criteria
justifying their designations as foreign terrorist
organizations under section 219(a) of the Immigration
and Nationality Act (8 U.S.C. 1189(a)); and
(B) all other Mexican drug cartels, or factions of
cartels, that the Secretary determines pursuant to
subsection (c)(2) meet the criteria for designation as
foreign terrorist organizations under such section
219(a), including the specific criteria justifying each
such designation.
(2) Form.--The report required under paragraph (1)--
(A) shall be submitted in unclassified form, but
may include a classified annex;
(B) shall be made available only in electronic
form; and
(C) may not be printed, except upon a request for a
printed copy from a congressional office.
<all>
</pre></body></html>
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118S699
|
Foster Youth and Driving Act
|
[
[
"H001076",
"Sen. Hassan, Margaret Wood [D-NH]",
"sponsor"
],
[
"Y000064",
"Sen. Young, Todd [R-IN]",
"cosponsor"
]
] |
<p><b>Foster Youth and Driving Act</b><br> <br> This bill expands state foster care and adoption assistance programs to provide driving preparation assistance to foster youth and related training for foster parents. The bill further directs assistance to states and tribal organizations for age-appropriate foster youth to, among other things, obtain automobile insurance, complete driver's education, obtain a driver's license, and purchase a vehicle.</p>
|
<html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 699 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 699
To amend title IV of the Social Security Act to expand foster parent
training and authorize new appropriations to support the obtainment of
a driver's license.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
March 8, 2023
Ms. Hassan (for herself and Mr. Young) introduced the following bill;
which was read twice and referred to the Committee on Finance
_______________________________________________________________________
A BILL
To amend title IV of the Social Security Act to expand foster parent
training and authorize new appropriations to support the obtainment of
a driver's license.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Foster Youth and Driving Act''.
SEC. 2. FOSTER PARENT TRAINING RELATED TO PREPARING A CHILD TO DRIVE.
Section 471(a)(24) of the Social Security Act (42 U.S.C.
671(a)(24)) is amended--
(1) by striking ``and knowledge and skills'' and inserting
``knowledge and skills''; and
(2) by inserting before the semicolon at the end the
following: ``and, when appropriate to the age or other
circumstance of the child, knowledge and skills related to
preparing the child to drive, including assuring opportunity
for practice driving hours and assistance in obtaining a
driver's license and automotive insurance and in applying as
needed for driving and transportation assistance as described
in section 477(k)''.
SEC. 3. REQUIREMENT TO INCLUDE A PLAN FOR DRIVING PREPARATION IN CASE
PLAN.
Section 475(1) of the Social Security Act (42 U.S.C. 675(1)) is
amended--
(1) in subparagraph (G)(ii), by moving the margin for
subclause (II) 2 ems to the right; and
(2) by adding at the end the following:
``(H) A plan for assuring that the child, when
appropriate to the age or other circumstance of the
child, receives assistance, knowledge, and skills
related to preparing to drive, including opportunity
for practice driving hours and assistance in obtaining
a driver's license and automotive insurance and in
applying as needed for driving and transportation
assistance as described in section 477(k).''.
SEC. 4. DRIVING AND TRANSPORTATION ASSISTANCE PROGRAM.
(a) Purpose.--Section 477(a) of the Social Security Act (42 U.S.C.
677(a)) is amended--
(1) in paragraph (6), by striking ``and'' at the end;
(2) in paragraph (7), by striking the period at the end and
inserting ``; and''; and
(3) by adding at the end the following:
``(8) to provide driving and transportation assistance to
children in foster care and certain former foster care
recipients who have attained the appropriate age and
circumstances to begin receiving such assistance.''.
(b) Driving and Transportation Assistance.--Section 477 of the
Social Security Act (42 U.S.C. 677) is amended by adding at the end the
following:
``(k) Funds for Driving and Transportation Assistance.--
``(1) In general.--The following conditions shall apply to
a State driving and transportation assistance program under
this section:
``(A) Assistance under the program shall be
available to youth who have experienced foster care at
age 14 or older, as described in subsection (a)(1).
``(B) The State may allow youths participating in
the assistance program on the date they attain 21 years
of age to remain eligible until they attain 26 years of
age, as long as the State is satisfied that they are
working or enrolled in a postsecondary education or
other employment training program and are making
satisfactory progress toward completion of that
program.
``(C) The assistance provided for an individual
under this section--
``(i) may include vehicle insurance costs,
driver's education class and testing fees,
practice lessons, practice hours, license fees,
roadside assistance, deductible assistance,
assistance in purchasing an automobile, and any
other costs related to obtaining a driver's
license and driving legally in the State; and
``(ii) shall not exceed the lesser of
$4,000 per year or the total cost of the items
described in clause (i), excluding the cost of
a vehicle purchased as part of the program.
``(D) The State shall ensure that, in the case of a
youth in foster care under the age of 18 participating
in the assistance program, the youth's foster parent
(if any) may authorize another adult to provide any
authorization required by the State to be provided by a
parent or guardian in order for such a youth to obtain
a driver's license or permit or take driving lessons.
``(E) The State shall work to remove barriers to
obtaining a driver's license and appropriate insurance
for youth under the age of 18, such as addressing
liability and insurance laws to allow minor youth to
more easily obtain a license.
``(F) The amount of assistance under this section--
``(i) shall not, for purposes of the
Internal Revenue Code of 1986, be includible in
the gross income of the individual with respect
to whom such assistance is provided, and
``(ii) shall be disregarded for purposes of
determining such individual's eligibility for,
or the amount of, any other Federal or
federally supported assistance, except that the
State agency shall take appropriate steps to
prevent duplication of benefits under this and
other Federal or federally supported programs.
``(G) The State shall coordinate the program with
other appropriate programs, including those described
under subsection (b)(3)(F), to support current and
former youth in their transition to adulthood.
``(H) The State shall work to streamline processes
for communicating program eligibility and shall conduct
public awareness efforts to ensure that foster youth
are aware of the assistance available under the
program.
``(I) The State agrees to submit such annual data
to the Secretary as the Secretary may require,
including data specifying the number of individuals, of
those in foster care or formerly in foster care who
have attained from 15 to 26 years of age, who (as
appropriate to the age and other circumstances of the
individual)--
``(i) are eligible for a driver's license;
``(ii) have completed a driver's education
course;
``(iii) have completed driver's training
hours;
``(iv) have obtained a learner's permit;
``(v) have obtained a driver's license;
``(vi) own a vehicle or otherwise have
access to a vehicle to drive; and
``(vii) have automotive liability
insurance.
``(2) Report.--The Secretary shall annually submit a report
to the Committee on Ways and Means of the House of
Representatives and the Committee on Finance of the Senate on
the State driving and transportation assistance program under
this subsection, and shall make such report publicly available.
Such report shall include a compilation of the State data
submitted to the Secretary under paragraph (1)(I).''.
(c) Certification.--Section 477(b)(3) of the Social Security Act
(42 U.S.C. 677(b)(3)) is amended by adding at the end the following:
``(L) A certification by the chief executive
officer of the State that the State driving and
transportation assistance program under this section is
in compliance with the conditions specified in
subsection (k)(1), including a statement describing
methods the State will use--
``(i) to ensure that the total amount of
driving and transportation assistance to a
youth under this section and under other
Federal and federally supported programs does
not exceed the limitation specified in
subsection (k)(1)(C)(ii); and
``(ii) to avoid duplication of benefits
under this and any other Federal or federally
assisted benefit program.''.
(d) Increased Authorization of Appropriations.--Section 477(h) of
the Social Security Act (42 U.S.C. 677(h)) is amended--
(1) in paragraph (1), by striking ``and'' at the end;
(2) in paragraph (2), by striking the period at the end and
inserting ``; and''; and
(3) by adding at the end the following:
``(3) an additional $36,000,000, which are authorized to be
available for payments to States for driving and transportation
assistance in accordance with subsection (k)(1).''.
(e) Allotments to States.--Section 477(c) of the Social Security
Act (42 U.S.C. 677(c)) is amended--
(1) by redesignating paragraph (4) as paragraph (5); and
(2) by inserting after paragraph (3) the following:
``(4) Driving and transportation assistance allotment.--
``(A) In general.--From the amount, if any,
appropriated pursuant to subsection (h)(3) for a fiscal
year and remaining after the reservation described in
subparagraph (B), the Secretary may allot to each State
with an application approved under subsection (b) for
the fiscal year an amount equal to the State foster
care ratio multiplied by the amount so specified.
``(B) Reservations for indian tribes and tribal
organizations.--The Secretary shall reserve up to 3
percent of the amount appropriated each year pursuant
to subsection (h)(3) for payments to Indian tribes and
tribal organizations to be used in accordance with
subsection (k).''.
(f) Discretionary Grants.--Section 474 of the Social Security Act
(42 U.S.C. 674) is amended--
(1) in subsection (e)(1), by striking ``section 477(a)(6)''
and inserting ``section 477(a)(5)'';
(2) by redesignating subsections (f) and (g) as subsections
(g) and (h), respectively; and
(3) by inserting after subsection (e) the following:
``(f) Discretionary Grants for Driving and Transportation
Assistance.--From amounts appropriated pursuant to section 477(h)(3),
the Secretary may make a grant to a State with a plan approved under
this part, for a calendar quarter, in an amount equal to the lesser
of--
``(1) 80 percent of the amounts expended by the State
during the quarter to carry out programs for the purposes
described in section 477(a)(8); or
``(2) the amount, if any, allotted to the State under
section 477(c)(4)(A) for the fiscal year in which the quarter
occurs, reduced by the total of the amounts payable to the
State under this subsection for such purposes for all prior
quarters in the fiscal year.''.
(g) Payments to Indian Tribal Organizations.--Section 477 of the
Social Security Act (42 U.S.C. 677), as amended by subsection (b), is
further amended by adding at the end the following:
``(l) Payments to Indian Tribes and Tribal Organizations for
Driving and Transportation Assistance Programs.--
``(1) In general.--An Indian tribe or tribal organization
(as such terms are defined for purposes of section 428(c))
which has a plan for child welfare services approved under
subpart 1 of part B of this title and which operates a foster
care program may apply for an allotment out of any amounts
reserved for a fiscal year under subsection (c)(4)(B) to carry
out programs for the purposes described in subsection (a)(8).
``(2) Application.--An Indian tribe or tribal organization
desiring an allotment under paragraph (1) of this subsection
shall submit an application to the Secretary to directly
receive such allotment that includes a plan which--
``(A) satisfies such requirements of subsections
(b)(3) and (k) as the Secretary determines are
appropriate in consultation with the tribe or tribal
organization;
``(B) contains a description of the Indian tribe or
tribal organization's consultation process regarding
the programs to be carried out under the plan with each
State in which the Indian tribe or tribal organization
is located; and
``(C) contains an explanation of the results of
such consultation, particularly with respect to--
``(i) determining the eligibility for
driving and transportation assistance benefits
and services of Indian children to be served
under the programs to be carried out under the
plan; and
``(ii) the process for consulting with the
State in order to ensure the continuity of such
benefits and services for such children who
will transition from receiving such benefits
and services under programs carried out under a
State plan under subsection (b)(2) to receiving
such benefits and services under programs
carried out under a plan under this subsection.
``(3) Payments.--The Secretary shall pay an Indian tribe or
tribal organization with an application approved under this
subsection from the allotment determined for the Indian tribe
or tribal organization under paragraph (4) in the same manner
as is provided in section 474(f) with respect to a State, or in
such other manner as is determined appropriate by the
Secretary, except that in no case shall an Indian tribe or
tribal organization receive a lesser proportion of such funds
than a State is authorized to receive under such section.
``(4) Allotment.--From the total amount reserved for a
fiscal year under subsection (c)(4)(B), the Secretary shall
allot to the Indian tribes or tribal organizations with an
application approved under this subsection for that fiscal year
an amount based on each Indian tribe or tribal organization's
share of the total tribal child population among all such
tribes and tribal organizations with an application so
approved.
``(5) Data and evaluation.--The Secretary shall consult
with tribes and tribal organizations to determine the tribally
relevant data needed to understand how the driving and
transportation assistance program helps tribal youth and if any
policies would improve tribal youth access to drivers' licenses
and, to the extent practicable, the number and demographic data
of tribal youth served.
``(6) Matching requirement.--In determining the amounts
expended by an Indian tribe or tribal organization for purposes
of section 474(f)(1), the Secretary may take into account in-
kind expenditures of the Indian tribe or tribal
organization.''.
(h) Technical Assistance.--Section 477(g)(2) of the Social Security
Act (42 U.S.C. 677(g)(2)) is amended--
(1) by striking ``the amount specified in subsection (h)''
and inserting ``each of the amounts specified in paragraphs (1)
and (2) of subsection (h), and up to 5 percent of the amount
specified in paragraph (3) of such subsection,''; and
(2) by adding at the end the following: ``With respect to
such reservations of amounts specified in paragraph (3) of
subsection (h), the Secretary--
``(A) shall consider a higher reservation of funds
for initial fiscal years to the extent necessary to
support States in establishing a new program in each
State; and
``(B) shall not consider an entity an appropriate
entity unless the entity has demonstrated the capacity
to successfully administer a State-mandated program to
provide driver's licenses to youth under the age of 18
who are in State foster care and to increase the number
of such foster youth who obtain a driver's license.''.
<all>
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|
[
"Families",
"Adoption and foster care",
"Child safety and welfare",
"Congressional oversight",
"Government information and archives",
"Indian social and development programs",
"Licensing and registrations",
"Motor vehicles",
"State and local government operations",
"Transportation programs funding"
] |
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118S7
|
A bill to authorize an additional district judgeship for the district of Idaho.
|
[
[
"C000880",
"Sen. Crapo, Mike [R-ID]",
"sponsor"
],
[
"R000584",
"Sen. Risch, James E. [R-ID]",
"cosponsor"
]
] |
<p>This bill increases from two to three the total number of U.S. district court judgeships for the District of Idaho. The President must appoint, with the advice and consent of the Senate, one additional judge for that judicial district.</p>
|
<html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 7 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 7
To authorize an additional district judgeship for the district of
Idaho.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
January 23 (legislative day, January 3), 2023
Mr. Crapo (for himself and Mr. Risch) introduced the following bill;
which was read twice and referred to the Committee on the Judiciary
_______________________________________________________________________
A BILL
To authorize an additional district judgeship for the district of
Idaho.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. DISTRICT JUDGESHIP FOR THE DISTRICT OF IDAHO.
(a) In General.--The President shall appoint, by and with the
advice and consent of the Senate, 1 additional district judge for the
district of Idaho.
(b) Technical and Conforming Amendment.--The table in section
133(a) of title 28, United States Code, is amended by striking the item
relating to Idaho and inserting the following:
``Idaho.................................................... 3''.
<all>
</pre></body></html>
|
[
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118S70
|
Tribal Trust Land Homeownership Act of 2023
|
[
[
"T000250",
"Sen. Thune, John [R-SD]",
"sponsor"
],
[
"S001203",
"Sen. Smith, Tina [D-MN]",
"cosponsor"
],
[
"R000605",
"Sen. Rounds, Mike [R-SD]",
"cosponsor"
],
[
"T000464",
"Sen. Tester, Jon [D-MT]",
"cosponsor"
],
[
"L000571",
"Sen. Lummis, Cynthia M. [R-WY]",
"cosponsor"
],
[
"L000570",
"Sen. Lujan, Ben Ray [D-NM]",
"cosponsor"
]
] |
<p><strong>Tribal Trust Land Homeownership Act of 2023</strong></p> <p>This bill sets forth requirements for the processing of a proposed residential leasehold mortgage, business leasehold mortgage, land mortgage, or right-of-way document by the Bureau of Indian Affairs (BIA). The BIA must notify lenders upon receipt of such documentation, perform a preliminary review of such documents not later than 10 days after receipt, and approve or disapprove of such documents within 20 or 30 days, depending on the type of application. </p> <p>Additionally, the bill sets forth requirements for the BIA regarding (1) response times for the completion of certified title status reports, (2) notification of delays in processing, and (3) the form of notices and delivery of certain reports. </p> <p>The bill also provides relevant federal agencies and Indian tribes with read-only access to the Trust Asset and Accounting Management System maintained by the BIA. </p> <p>The Government Accountability Office must report on digitizing documents for the purpose of streamlining and expediting the completion of mortgage packages for residential mortgages on Indian land. </p> <p>Finally, the bill establishes within the BIA's Division of Real Estate Services the position of Realty Ombudsman.</p>
|
<html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 70 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 70
To require the Bureau of Indian Affairs to process and complete all
mortgage packages associated with residential and business mortgages on
Indian land by certain deadlines, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
January 25, 2023
Mr. Thune (for himself, Ms. Smith, Mr. Rounds, and Mr. Tester)
introduced the following bill; which was read twice and referred to the
Committee on Indian Affairs
_______________________________________________________________________
A BILL
To require the Bureau of Indian Affairs to process and complete all
mortgage packages associated with residential and business mortgages on
Indian land by certain deadlines, and for other 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 ``Tribal Trust Land Homeownership Act
of 2023''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Applicable bureau office.--The term ``applicable Bureau
office'' means--
(A) a Regional office of the Bureau;
(B) an Agency office of the Bureau; or
(C) a Land Titles and Records Office of the Bureau.
(2) Bureau.--The term ``Bureau'' means the Bureau of Indian
Affairs.
(3) Director.--The term ``Director'' means the Director of
the Bureau.
(4) First certified title status report.--The term ``first
certified title status report'' means the title status report
needed to verify title status on Indian land.
(5) Indian land.--The term ``Indian land'' has the meaning
given the term in section 162.003 of title 25, Code of Federal
Regulations (as in effect on the date of enactment of this
Act).
(6) Land mortgage.--The term ``land mortgage'' means a
mortgage obtained by an individual Indian who owns a tract of
trust land for the purpose of--
(A) home acquisition;
(B) home construction;
(C) home improvements; or
(D) economic development.
(7) Leasehold mortgage.--The term ``leasehold mortgage''
means a mortgage, deed of trust, or other instrument that
pledges the leasehold interest of a lessee as security for a
debt or other obligation owed by the lessee to a lender or
other mortgagee.
(8) Mortgage package.--The term ``mortgage package'' means
a proposed residential leasehold mortgage, business leasehold
mortgage, land mortgage, or right-of-way document submitted to
an applicable Bureau office under section 3(a)(1).
(9) Relevant federal agency.--The term ``relevant Federal
agency'' means any of the following Federal agencies that
guarantee or make direct mortgage loans on Indian land:
(A) The Department of Agriculture.
(B) The Department of Housing and Urban
Development.
(C) The Department of Veterans Affairs.
(10) Right-of-way document.--The term ``right-of-way
document'' has the meaning given the term in section 169.2 of
title 25, Code of Federal Regulations (as in effect on the date
of enactment of this Act).
(11) Subsequent certified title status report.--The term
``subsequent certified title status report'' means the title
status report needed to identify any liens against a
residential, business, or land lease on Indian land.
SEC. 3. MORTGAGE REVIEW AND PROCESSING.
(a) Review and Processing Deadlines.--
(1) In general.--As soon as practicable after receiving a
proposed residential leasehold mortgage, business leasehold
mortgage, land mortgage, or right-of-way document, the
applicable Bureau office shall notify the lender that the
proposed residential leasehold mortgage, business leasehold
mortgage, or right-of-way document has been received.
(2) Preliminary review.--
(A) In general.--Not later than 10 calendar days
after receipt of a proposed residential leasehold
mortgage, business leasehold mortgage, land mortgage,
or right-of-way document, the applicable Bureau office
shall conduct and complete a preliminary review of the
residential leasehold mortgage, business leasehold
mortgage, land mortgage, or right-of-way document to
verify that all required documents are included.
(B) Incomplete documents.--As soon as practicable,
but not more than 2 calendar days, after finding that
any required documents are missing under subparagraph
(A), the applicable Bureau office shall notify the
lender of the missing documents.
(3) Approval or disapproval.--
(A) Leasehold mortgages.--Not later than 20
calendar days after receipt of a complete executed
residential leasehold mortgage or business leasehold
mortgage, proof of required consents, and other
required documentation, the applicable Bureau office
shall approve or disapprove the residential leasehold
mortgage or business leasehold mortgage.
(B) Right-of-way documents.--Not later than 30
calendar days after receipt of a complete executed
right-of-way document, proof of required consents, and
other required documentation, the applicable Bureau
office shall approve or disapprove the right-of-way
document.
(C) Land mortgages.--Not later than 30 calendar
days after receipt of a complete executed land
mortgage, proof of required consents, and other
required documentation, the applicable Bureau office
shall approve or disapprove the land mortgage.
(D) Requirements.--The determination of whether to
approve or disapprove a residential leasehold mortgage
or business leasehold mortgage under subparagraph (A),
a right-of-way document under subparagraph (B), or a
land mortgage under subparagraph (C)--
(i) shall be in writing; and
(ii) in the case of a determination to
disapprove a residential leasehold mortgage,
business leasehold mortgage, right-of-way
document, or land mortgage shall, state the
basis for the determination.
(E) Application.--This paragraph shall not apply to
a residential leasehold mortgage or business leasehold
mortgage with respect to Indian land in cases in which
the applicant for the residential leasehold mortgage or
business leasehold mortgage is an Indian tribe (as
defined in subsection (d) of the first section of the
Act of 1955 (69 Stat. 539, chapter 615; 126 Stat. 1150;
25 U.S.C. 415(d))) that has been approved for leasing
under subsection (h) of that section (69 Stat. 539,
chapter 615; 126 Stat. 1151; 25 U.S.C. 415(h)).
(4) Certified title status reports.--
(A) Completion of reports.--
(i) In general.--Not later than 10 calendar
days after the applicable Bureau office
approves a residential leasehold mortgage,
business leasehold mortgage, land mortgage, or
right-of-way document under paragraph (3), the
applicable Bureau office shall complete the
processing of, as applicable--
(I) a first certified title status
report, if a first certified title
status report was not completed prior
to the approval of the residential
leasehold mortgage, business leasehold
mortgage, land mortgage, or right-of-
way document; and
(II) a subsequent certified title
status report.
(ii) Requests for first certified title
status reports.--Notwithstanding clause (i),
not later than 14 calendar days after the
applicable Bureau office receives a request for
a first certified title status report from an
applicant for a residential leasehold mortgage,
business leasehold mortgage, land mortgage, or
right-of-way document under paragraph (1), the
applicable Bureau office shall complete the
processing of the first certified title status
report.
(B) Notice.--
(i) In general.--As soon as practicable
after completion of the processing of, as
applicable, a first certified title status
report or a subsequent certified title status
report under subparagraph (A), but by not later
than the applicable deadline described in that
subparagraph, the applicable Bureau office
shall give notice of the completion to the
lender.
(ii) Form of notice.--The applicable Bureau
office shall give notice under clause (i)--
(I) electronically through secure,
encryption software; and
(II) through the United States
mail.
(iii) Option to opt out.--The lender may
opt out of receiving notice electronically
under clause (ii)(I).
(b) Notices.--
(1) In general.--If the applicable Bureau office does not
complete the review and processing of mortgage packages under
subsection (a) (including any corresponding first certified
title status report or subsequent certified title status report
under paragraph (4) of that subsection) by the applicable
deadline described in that subsection, immediately after
missing the deadline, the applicable Bureau office shall
provide notice of the delay in review and processing to--
(A) the party that submitted the mortgage package
or requested the first certified title status report;
and
(B) the lender for which the mortgage package
(including any corresponding first certified title
status report or subsequent certified title status
report) is being requested.
(2) Requests for updates.--In addition to providing the
notices required under paragraph (1), not later than 2 calendar
days after receiving a relevant inquiry with respect to a
submitted mortgage package from the party that submitted the
mortgage package or the lender for which the mortgage package
(including any corresponding first certified title status
report or subsequent certified title status report) is being
requested or an inquiry with respect to a requested first
certified title status report from the party that requested the
first certified title status report, the applicable Bureau
office shall respond to the inquiry.
(c) Delivery of First and Subsequent Certified Title Status
Reports.--Notwithstanding any other provision of law, any first
certified title status report and any subsequent certified title status
report, as applicable, shall be delivered directly to--
(1) the lender;
(2) any local or regional agency office of the Bureau that
requests the first certified title status report or subsequent
certified title status report;
(3) in the case of a proposed residential leasehold
mortgage or land mortgage, the relevant Federal agency that
insures or guarantees the loan; and
(4) if requested, any individual or entity described in
section 150.303 of title 25, Code of Federal Regulations (as in
effect on the date of enactment of this Act).
(d) Access to Trust Asset and Accounting Management System.--
Beginning on the date of enactment of this Act, the relevant Federal
agencies and Indian Tribes shall have read-only access to the Trust
Asset and Accounting Management System maintained by the Bureau.
(e) Annual Report.--
(1) In general.--Not later than March 1 of each calendar
year, the Director shall submit to the Committee on Indian
Affairs of the Senate and the Committee on Natural Resources of
the House of Representatives a report describing--
(A) for the most recent calendar year, the number
of requests received to complete residential leasehold
mortgage packages, business leasehold mortgage
packages, land mortgage packages, and right-of-way
document packages (including any requests for
corresponding first certified title status reports and
subsequent certified title status reports), including a
detailed description of--
(i) requests that were and were not
successfully completed by the applicable
deadline described in subsection (a) by each
applicable Bureau office; and
(ii) the reasons for each applicable Bureau
office not meeting any applicable deadlines;
and
(B) the length of time needed by each applicable
Bureau office during the most recent calendar year to
provide the notices required under subsection (b)(1).
(2) Requirement.--In submitting the report required under
paragraph (1), the Director shall maintain the confidentiality
of personally identifiable information of the parties involved
in requesting the completion of residential leasehold mortgage
packages, business leasehold mortgage packages, land mortgage
packages, and right-of-way document packages (including any
corresponding first certified title status reports and
subsequent certified title status reports).
(f) GAO Study.--Not later than 1 year after the date of enactment
of this Act, the Comptroller General of the United States shall submit
to the Committee on Indian Affairs of the Senate and the Committee on
Natural Resources of the House of Representatives a report that
includes--
(1) an evaluation of the need for residential leasehold
mortgage packages, business leasehold mortgage packages, land
mortgage packages, and right-of-way document packages of each
Indian Tribe to be digitized for the purpose of streamlining
and expediting the completion of mortgage packages for
residential mortgages on Indian land (including the
corresponding first certified title status reports and
subsequent certified title status reports); and
(2) an estimate of the time and total cost necessary for
Indian Tribes to digitize the records described in paragraph
(1), in conjunction with assistance in that digitization from
the Bureau.
SEC. 4. ESTABLISHMENT OF REALTY OMBUDSMAN POSITION.
(a) In General.--The Director shall establish within the Division
of Real Estate Services of the Bureau the position of Realty Ombudsman,
who shall report directly to the Secretary of the Interior.
(b) Functions.--The Realty Ombudsman shall--
(1) ensure that the applicable Bureau offices are meeting
the mortgage review and processing deadlines established by
section 3(a);
(2) ensure that the applicable Bureau offices comply with
the notices required under subsections (a) and (b) of section
3;
(3) serve as a liaison to other Federal agencies, including
by--
(A) ensuring the Bureau is responsive to all of the
inquiries from the relevant Federal agencies; and
(B) helping to facilitate communications between
the relevant Federal agencies and the Bureau on matters
relating to mortgages on Indian land;
(4) receive inquiries, questions, and complaints directly
from Indian Tribes, members of Indian Tribes, and lenders in
regard to executed residential leasehold mortgages, business
leasehold mortgages, land mortgages, or right-of-way documents;
and
(5) serve as the intermediary between the Indian Tribes,
members of Indian Tribes, and lenders and the Bureau in
responding to inquiries and questions and resolving complaints.
<all>
</pre></body></html>
|
[
"Housing and Community Development",
"Congressional oversight",
"Government information and archives",
"Government studies and investigations",
"Housing finance and home ownership",
"Indian lands and resources rights",
"Intergovernmental relations",
"Native Americans"
] |
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|
118S700
|
Vote at Home Act of 2023
|
[
[
"W000779",
"Sen. Wyden, Ron [D-OR]",
"sponsor"
],
[
"S001194",
"Sen. Schatz, Brian [D-HI]",
"cosponsor"
],
[
"M000133",
"Sen. Markey, Edward J. [D-MA]",
"cosponsor"
],
[
"F000062",
"Sen. Feinstein, Dianne [D-CA]",
"cosponsor"
],
[
"V000128",
"Sen. Van Hollen, Chris [D-MD]",
"cosponsor"
],
[
"B001288",
"Sen. Booker, Cory A. [D-NJ]",
"cosponsor"
],
[
"W000817",
"Sen. Warren, Elizabeth [D-MA]",
"cosponsor"
],
[
"B001277",
"Sen. Blumenthal, Richard [D-CT]",
"cosponsor"
],
[
"C000127",
"Sen. Cantwell, Maria [D-WA]",
"cosponsor"
],
[
"C000174",
"Sen. Carper, Thomas R. [D-DE]",
"cosponsor"
],
[
"M001169",
"Sen. Murphy, Christopher [D-CT]",
"cosponsor"
],
[
"W000802",
"Sen. Whitehouse, Sheldon [D-RI]",
"cosponsor"
],
[
"B001230",
"Sen. Baldwin, Tammy [D-WI]",
"cosponsor"
],
[
"W000800",
"Sen. Welch, Peter [D-VT]",
"cosponsor"
],
[
"B000944",
"Sen. Brown, Sherrod [D-OH]",
"cosponsor"
],
[
"M001176",
"Sen. Merkley, Jeff [D-OR]",
"cosponsor"
]
] |
<p><b>Vote at Home Act of 2023</b></p> <p>This bill expands voting by mail in federal elections and provides for automatic voter registration through state motor vehicle authorities. </p> <p>Specifically, the bill prohibits states from imposing additional conditions or requirements on the eligibility of individuals to cast ballots by mail in federal elections, except states may impose a deadline for returning a ballot.</p> <p>Further, states must mail ballots to individuals registered to vote in a federal election not later than two weeks before the election.</p> <p>In addition, the U.S. Postal Service must carry ballots for federal elections expeditiously and free of postage.</p> <p>Finally, the bill provides for automatic voter registration of individuals through state motor vehicle authorities.</p>
|
<html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 700 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 700
To amend the Help America Vote Act of 2002 to allow all eligible voters
to vote by mail in Federal elections, to amend the National Voter
Registration Act of 1993 to provide for automatic voter registration.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
March 8, 2023
Mr. Wyden (for himself, Mr. Schatz, Mr. Markey, Mrs. Feinstein, Mr. Van
Hollen, Mr. Booker, Ms. Warren, Mr. Blumenthal, Ms. Cantwell, Mr.
Carper, Mr. Murphy, Mr. Whitehouse, Ms. Baldwin, Mr. Welch, Mr. Brown,
and Mr. Merkley) introduced the following bill; which was read twice
and referred to the Committee on Rules and Administration
_______________________________________________________________________
A BILL
To amend the Help America Vote Act of 2002 to allow all eligible voters
to vote by mail in Federal elections, to amend the National Voter
Registration Act of 1993 to provide for automatic voter registration.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Vote at Home Act of 2023''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) An inequity of voting rights exists in the United
States because voters in some States have the universal right
to vote by mail while voters in other States do not.
(2) Many voters often have work, family, or other
commitments that make getting to polls and waiting in line on
the date of an election difficult or impossible. Many citizens
with disabilities are physically unable to vote due to long
lines, inadequate parking, no curb cuts, steep ramps, and large
crowds. In 2012, 30 percent of voters with disabilities had
difficulty voting, and in 2016, nearly two-thirds of the 137
polling places inspected on election day had at least one
impediment to people with disabilities. However, with expanded
access to mail-in ballots, people with disabilities made large
gains in 2020 with a historic voter turnout surge.
(3) In 2020, despite a global pandemic, the general
election saw record high turnout as a result of increased vote
by mail options, which allowed voters to cast a ballot and stay
safe at the same time.
(4) Thirty-four States and the District of Columbia allow
universal absentee voting (also known as ``no-excuse'' absentee
voting), which permits any voter to request a mail-in ballot
without providing a reason for the request. No State which has
implemented no-excuse absentee voting has repealed it.
(5) Five States currently hold elections entirely by mail.
Eight States proactively send all registered voters a ballot to
be submitted by mail or dropped off at a designated location.
At least 22 States currently allow some elections to be
conducted by mail, especially in large and rural jurisdictions
where voting by mail is especially convenient. Polling stations
in rural jurisdictions tend to have higher costs per voter,
smaller staffs, and limited resources. Transportation is often
a crucial barrier for rural voters.
(6) In 2020, in order to provide greater accessibility and
to protect the public health, 30 States adopted or changed
their laws for the general election to allow voters to cast
their ballots from home. These changes included removing strict
excuse requirements, allowing COVID-19 concerns to be a valid
excuse to vote absentee, allowing ballot drop boxes, offering
prepaid postage on election mail, and proactively sending all
active registered voters applications to request an absentee
ballot--with some States even skipping that step and sending
the actual ballots.
(7) Voting by mail gives voters more time to consider their
choices, which is especially important as many ballots contain
greater numbers of questions about complex issues than in the
past due to the expanded use of the initiative and referendum
process in many States.
(8) Voting by mail is cost effective. After the State of
Oregon adopted vote by mail for all voters in 1996, the cost to
administer an election in the State dropped by nearly 30
percent over the next few elections, from $3.07 per voter to
$2.21 per voter. After Colorado implemented all-mail balloting
in 2013, voting administration costs decreased by an average of
40 percent. The cost of conducting vote-by-mail elections is
generally one-third to one-half less than conducting polling
place elections. Voting by mail also saves a substantial amount
by getting rid of the temporary labor costs of hiring poll
workers. In addition to that cost, many jurisdictions have been
facing difficulty in obtaining sufficient numbers of poll
workers.
(9) Allowing all voters the option to vote by mail can
reduce waiting times for those voters who choose to vote at the
polls. In 2016, voters in Arizona reported waiting in line from
1 to 5 hours to vote; in New York, voters reported that
stations ran out of ballots and did not have staff during all
of the hours scheduled for voting.
(10) Voting by mail is preferable to many voters as an
alternative to going to the polls. In 2020, 43.2 percent of
ballots in the United States were cast by mail, up from 10
percent in 2000. Voting by mail has become increasingly popular
with voters who want to be certain that they are able to vote
no matter what comes up on election day, as it reduces the
physical obstacles and eases the time constraints connected
with the act of voting.
(11) Despite attempts to claim that voting by mail is
susceptible to fraud, it is not. Strategies such as tracking
systems for ballots and postal service cooperation in
preventing ballots from being delivered to names not recognized
as receiving mail at an address nearly eliminate the potential
for fraud in vote by mail elections. Evidence of undue
influence or voter coercion after vote-by-mail implementation
in Oregon has been nonexistent to minimal.
(12) Many of the reasons which voters in many States are
required to provide in order to vote by mail require the
revelation of personal information about health, travel plans,
or religious activities, which violate voters' privacy while
doing nothing to prevent voter fraud.
(13) State laws which require voters to obtain a notary
signature to vote by mail only add cost and inconvenience to
voters without increasing security.
(14) Many voters choose to cast ballots early when they
have the option (over 50 percent in Arizona, Arkansas,
California, Colorado, Florida, Georgia, Hawaii, Montana,
Nevada, New Mexico, North Carolina, Oregon, Tennessee, Texas,
Utah, and Washington). Approximately 70 percent of voters in
the 2020 election cast their ballot before election day. In
Oregon, 7 years after vote-by-mail election implementation,
over 80 percent of voters favored the vote-by-mail system.
(15) Vote-by-mail typically increases turnout in all
elections, but can be particularly effective in increasing
voter participation in special elections and primary elections.
Oregon, Washington, and Colorado, 3 of the 5 States with
entirely vote by mail elections, continue to have consistently
high voter turnout rates. In 2020, the presidential election
turnout was about 7 percentage points higher than in 2016, and
turnout rates increased in every State compared with 2016. In
the 10 States where it rose the most, 7 conducted their vote
entirely or mostly by mail, with 6 of those States having
recently adopted all-mail voting, either permanently (Utah and
Hawaii) or for the 2020 election only.
(16) A crucial component of a modern voting system is
making it easy, affordable, and accessible to register to vote.
Twenty-two States and the District of Columbia have enacted
automatic voter registration policies, with Oregon and
California becoming the first to automatically register their
citizens to vote when they apply for a driver's license.
Automatic, permanent voter registration has the potential to
increase participation, protect election integrity, and reduce
registration costs.
SEC. 3. PROMOTING ABILITY OF VOTERS TO VOTE BY MAIL IN FEDERAL
ELECTIONS.
(a) Voting by Mail in Federal Elections.--
(1) In general.--Subtitle A of title III of the Help
America Vote Act of 2002 (52 U.S.C. 21081 et seq.) is amended
by inserting after section 303 the following new section:
``SEC. 303A. PROMOTING ABILITY OF VOTERS TO VOTE BY MAIL.
``(a) In General.--If an individual in a State is eligible to cast
a vote in an election for Federal office, the State may not impose any
additional conditions or requirements on the eligibility of the
individual to cast the vote in such election by mail, except to the
extent that the State imposes a deadline for returning the ballot to
the appropriate State or local election official.
``(b) Provision of Ballot Materials.--Not later than 2 weeks before
the date of any election for Federal office, each State shall mail
ballots to individuals who are registered to vote in such election.
``(c) Accessibility for Individuals With Disabilities.--All ballots
provided under this section shall be accessible to individuals with
disabilities in a manner that provides the same opportunity for access
and participation (including for privacy and independence) as for other
voters.
``(d) Rule of Construction.--Nothing in this section shall be
construed to affect the authority of States to conduct elections for
Federal office through the use of polling places at which individuals
cast ballots.
``(e) Effective Date.--A State shall be required to comply with the
requirements of subsection (a) with respect to elections for Federal
office held in years beginning with 2024.''.
(2) Conforming amendment relating to enforcement.--Section
401 of such Act (52 U.S.C. 21111) is amended by striking ``and
303'' and inserting ``303, and 303A''.
(3) Clerical amendment.--The table of contents for such Act
is amended by inserting after the item relating to section 303
the following new item:
``Sec. 303A. Promoting ability of voters to vote by mail.''.
(b) Free Postage for Voting by Mail.--
(1) In general.--Chapter 34 of title 39, United States
Code, is amended by adding at the end the following:
``Sec. 3407. Ballots provided for voting in Federal elections
``The following shall be carried expeditiously and free of postage:
``(1) Blank ballots mailed pursuant to section 303A(b) of
the Help America Vote Act of 2002 (individually or in bulk).
``(2) Any ballot described in paragraph (1) that is
completed by a voter and mailed by the voter to an election
official for counting.''.
(2) Technical and conforming amendments.--
(A) Table of sections.--The table of sections for
chapter 34 of title 39, United States Code, is amended
by adding at the end the following:
``3407. Ballots provided for voting in Federal elections.''.
(B) Authorization of appropriations.--Section
2401(c) of title 39, United States Code, is amended by
striking ``3403 through 3406'' and inserting ``3403
through 3407''.
SEC. 4. AUTOMATIC VOTER REGISTRATION THROUGH STATE MOTOR VEHICLE
AUTHORITIES.
(a) Automatic Voter Registration.--Section 5 of the National Voter
Registration Act of 1993 (52 U.S.C. 20504) is amended to read as
follows:
``SEC. 5. VOTER REGISTRATION THROUGH MOTOR VEHICLE AUTHORITY.
``(a) Simultaneous Application for Voter Registration and
Application for Motor Vehicle Driver's License.--
``(1) Transmission of information to election officials.--
Each State's motor vehicle authority, upon receiving any of the
identifying information described in paragraph (2) with respect
to any applicable individual, shall securely transmit the
identifying information to the appropriate State election
official.
``(2) Identifying information described.--The identifying
information described in this paragraph with respect to any
individual is as follows:
``(A) The individual's legal name.
``(B) The individual's age.
``(C) The individual's residence.
``(D) The individual's citizenship status.
``(E) The individual's electronic signature.
``(b) Duties of Officials Receiving Information.--
``(1) In general.--Upon receiving the identifying
information with respect to an applicable individual under
subsection (a), the appropriate State election official shall
determine--
``(A) whether such individual is eligible to vote
in an election for Federal office; and
``(B) whether such individual is currently
registered to vote in elections for Federal office at
the address provided in such identifying information.
``(2) Notification to individuals.--
``(A) Eligible unregistered individuals.--In the
case of an applicable individual who is eligible to
vote in an election for Federal office and who is not
currently registered to vote, the appropriate State
election official shall issue a notification to the
individual containing--
``(i) a statement that, unless the
individual notifies the election official prior
to the expiration of the 21-calendar-day period
which begins on the date the official issued
the notification that the individual declines
to be registered to vote in elections for
Federal office held in the State, the
individual's records and signature will
constitute a completed registration for the
individual; and
``(ii) a description of the process by
which the individual may decline to be
registered to vote in elections for Federal
office in the State.
``(B) Eligible individuals registered at a
different address.--In the case of an applicable
individual who is eligible to vote in an election for
Federal office and who is registered to vote in such
election at a different address than the address
provided in the identifying information, the
appropriate State election official shall issue a
notification to the individual containing--
``(i) a statement that, unless the
individual notifies the election official prior
to the expiration of the 21-calendar-day period
which begins on the date the official issued
the notification that the address provided in
the identifying information should not be used
for voter registration purposes, the address
provided in the identifying information shall
be used as the individual's address for voter
registration purposes; and
``(ii) a description of the process by
which the individual may decline a change of
address for voter registration purposes.
``(c) Automatic Registration of Eligible Individuals; Automatic
Change of Address.--
``(1) Registration.--Upon the expiration of the 21-
calendar-day period which begins on the date the appropriate
State election official issues a notification to an individual
under subsection (b)(2)(A), the official shall ensure that the
individual is registered to vote in elections for Federal
office held in the State unless--
``(A) the official later determines that the
individual does not meet the eligibility requirements
for registering to vote in such elections; or
``(B) prior to the expiration of such 21-calendar-
day period, the individual notifies the official that
the individual declines to be registered to vote in
such elections.
``(2) Change of address.--Upon the expiration of the 21-
calendar-day period which begins on the date the appropriate
State election official issues a notification to an individual
under subsection (b)(2)(B), the official shall ensure that the
individual is registered to vote in elections for Federal
office at the address provided in the identifying information
unless--
``(A) the official later determines that the
individual does not meet the eligibility requirements
for registering to vote in such elections; or
``(B) prior to the expiration of such 21-calendar-
day period, the individual notifies the official that
the individual declines a change of address for voter
registration purposes.
``(d) Applicable Individual.--For purposes of this section, the
term `applicable individual' means any individual who seeks assistance
from, receives benefits from, or receives service or assistance from a
State motor vehicle authority that issues motor vehicle driver's
licenses.''.
(b) Conforming Amendment Relating to Timing of Registration Prior
to Elections.--Section 8(a)(1)(A) of such Act (52 U.S.C.
20507(a)(1)(A)) is amended to read as follows:
``(A) in the case of registration through a motor
vehicle authority under section 5, if the identifying
information with respect to the individual is
transmitted by the authority to the appropriate State
election official under section 5(a)(1) not later than
the lesser of 30 days, or the period provided by State
law, before the date of the election;''.
(c) Other Conforming Amendment.--Section 4(a)(1) of such Act (52
U.S.C. 20503(a)(1)) is amended to read as follows:
``(1) through the State motor vehicle authority pursuant to
section 5;''.
(d) Effective Date.--The amendments made by this section shall take
effect upon the expiration of the 180-day period which begins on the
date of the enactment of this Act.
<all>
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118S701
|
Women’s Health Protection Act of 2023
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<p><strong>Women's Health Protection Act of 2023</strong></p> <p>This bill prohibits governmental restrictions on the provision of, and access to, abortion services.</p> <p>Before fetal viability, governments may not restrict providers from <ul> <li>using particular abortion procedures or drugs,</li> <li>offering abortion services via telemedicine, or</li> <li>immediately providing abortion services if delaying risks the patient's health. </li> </ul> <p>Furthermore, governments may not require providers to </p> <ul> <li>perform unnecessary medical procedures,</li> <li>provide medically inaccurate information, or</li> <li>comply with credentialing or other conditions that do not apply to providers who offer medically comparable services to abortions. </li> </ul> <p>Additionally, governments may not require patients to make medically unnecessary in-person visits before receiving abortion services or disclose their reasons for obtaining services.</p> <p>After fetal viability, governments may not restrict providers from performing abortions when necessary to protect a patient's life and health. The same provisions that apply to abortions before viability also apply to necessary abortions after viability. Additionally, states may authorize post-viability abortions in circumstances beyond those that the bill considers necessary.</p> <p>Further, the bill recognizes an individual's right to interstate travel, including for abortion services.</p> <p>The bill also prohibits governments from implementing measures that are similar to those restricted by the bill or that otherwise single out and impede access to abortion services, unless the measure significantly advances the safety of abortion services or health of patients and cannot be achieved through less restrictive means.</p> <p>The Department of Justice, individuals, or providers may sue states or government officials to enforce this bill, regardless of certain immunity that would otherwise apply.</p>
|
<html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 701 Placed on Calendar Senate (PCS)]
<DOC>
Calendar No. 26
118th CONGRESS
1st Session
S. 701
To protect a person's ability to determine whether to continue or end a
pregnancy, and to protect a health care provider's ability to provide
abortion services.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
March 8, 2023
Ms. Baldwin (for herself, Mr. Blumenthal, Mrs. Murray, Mr. Schumer, Ms.
Warren, Ms. Cortez Masto, Ms. Klobuchar, Ms. Stabenow, Mrs. Gillibrand,
Mr. Murphy, Mr. Bennet, Mr. Booker, Mr. Brown, Ms. Cantwell, Mr.
Cardin, Mr. Carper, Mr. Coons, Ms. Duckworth, Mr. Durbin, Mrs.
Feinstein, Mr. Fetterman, Ms. Hassan, Mr. Heinrich, Mr. Hickenlooper,
Ms. Hirono, Mr. Kaine, Mr. Kelly, Mr. King, Mr. Lujan, Mr. Markey, Mr.
Menendez, Mr. Merkley, Mr. Ossoff, Mr. Padilla, Mr. Peters, Mr. Reed,
Ms. Rosen, Mr. Sanders, Mr. Schatz, Mrs. Shaheen, Ms. Sinema, Ms.
Smith, Mr. Tester, Mr. Van Hollen, Mr. Warner, Mr. Warnock, Mr. Welch,
Mr. Whitehouse, and Mr. Wyden) introduced the following bill; which was
read the first time
March 9, 2023
Read the second time and placed on the calendar
_______________________________________________________________________
A BILL
To protect a person's ability to determine whether to continue or end a
pregnancy, and to protect a health care provider's ability to provide
abortion 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 ``Women's Health Protection Act of
2023''.
SEC. 2. PURPOSE.
The purposes of this Act are as follows:
(1) To permit people to seek and obtain abortion services,
and to permit health care providers to provide abortion
services, without harmful or unwarranted limitations or
requirements that single out the provision of abortion services
for restrictions that are more burdensome than those
restrictions imposed on medically comparable procedures, do not
significantly advance reproductive health or the safety of
abortion services, or make abortion services more difficult to
access.
(2) To promote access to abortion services and thereby
protect women's ability to participate equally in the economic
and social life of the United States.
(3) To protect people's ability to make decisions about
their bodies, medical care, family, and life's course.
(4) To eliminate unwarranted burdens on commerce and the
right to travel. Abortion bans and restrictions invariably
affect commerce over which the United States has jurisdiction.
Health care providers engage in economic and commercial
activity when they provide abortion services. Moreover, there
is an interstate market for abortion services and, in order to
provide such services, health care providers engage in
interstate commerce to purchase medicine, medical equipment,
and other necessary goods and services; to obtain and provide
training; and to employ and obtain commercial services from
health care personnel, many of whom themselves engage in
interstate commerce, including by traveling across State lines.
Congress has the authority to enact this Act to protect access
to abortion services pursuant to--
(A) its powers under the commerce clause of section
8 of article I of the Constitution of the United
States;
(B) its powers under section 5 of the Fourteenth
Amendment to the Constitution of the United States to
enforce the provisions of section 1 of the Fourteenth
Amendment; and
(C) its powers under the necessary and proper
clause of section 8 of Article I of the Constitution of
the United States.
SEC. 3. DEFINITIONS.
In this Act:
(1) Abortion services.--The term ``abortion services''
means an abortion and any medical or non-medical services
related to and provided in conjunction with an abortion
(whether or not provided at the same time or on the same day as
the abortion).
(2) Government.--The term ``government'' includes each
branch, department, agency, instrumentality, and official of
the United States or a State.
(3) Health care provider.--The term ``health care
provider'' means any entity (including any hospital, clinic, or
pharmacy) or individual (including any physician, certified
nurse-midwife, nurse practitioner, pharmacist, or physician
assistant) that--
(A) is engaged or seeks to engage in the delivery
of health care services, including abortion services;
and
(B) if required by law or regulation to be licensed
or certified to engage in the delivery of such
services--
(i) is so licensed or certified; or
(ii) would be so licensed or certified but
for their past, present, or potential provision
of abortion services protected by section 4.
(4) Medically comparable procedures.--The term ``medically
comparable procedures'' means medical procedures that are
similar in terms of health and safety risks to the patient,
complexity, or the clinical setting that is indicated.
(5) Pregnancy.--The term ``pregnancy'' refers to the period
of the human reproductive process beginning with the
implantation of a fertilized egg.
(6) State.--The term ``State'' includes the District of
Columbia, the Commonwealth of Puerto Rico, and each territory
and possession of the United States, and any subdivision of any
of the foregoing, including any unit of local government, such
as a county, city, town, village, or other general purpose
political subdivision of a State.
(7) Viability.--The term ``viability'' means the point in a
pregnancy at which, in the good-faith medical judgment of the
treating health care provider, and based on the particular
facts of the case before the health care provider, there is a
reasonable likelihood of sustained fetal survival outside the
uterus with or without artificial support.
SEC. 4. PROTECTED ACTIVITIES AND SERVICES.
(a) General Rules.--
(1) Pre-viability.--A health care provider has a right
under this Act to provide abortion services, and a patient has
a corresponding right under this Act to terminate a pregnancy
prior to viability without being subject to any of the
following limitations or requirements:
(A) A prohibition on abortion prior to viability,
including a prohibition or restriction on a particular
abortion procedure or method, or a prohibition on
providing or obtaining such abortions.
(B) A limitation on a health care provider's
ability to prescribe or dispense drugs that could be
used for reproductive health purposes based on current
evidence-based regimens or the provider's good-faith
medical judgment, or a limitation on a patient's
ability to receive or use such drugs, other than a
limitation generally applicable to the prescription,
dispensing, or distribution of drugs.
(C) A limitation on a health care provider's
ability to provide, or a patient's ability to receive,
abortion services via telemedicine, other than a
limitation generally applicable to the provision of
medically comparable services via telemedicine.
(D) A limitation or prohibition on a patient's
ability to receive, or a provider's ability to provide,
abortion services in a State based on the State of
residency of the patient, or a prohibition or
limitation on the ability of any individual to assist
or support a patient seeking abortion.
(E) A requirement that a health care provider
perform specific tests or medical procedures in
connection with the provision of abortion services
(including prior to or subsequent to the abortion),
unless generally required for the provision of
medically comparable procedures.
(F) A requirement that a health care provider offer
or provide a patient seeking abortion services
medically inaccurate information.
(G) A limitation or requirement concerning the
physical plant, equipment, staffing, or hospital
transfer arrangements of facilities where abortion
services are provided, or the credentials or hospital
privileges or status of personnel at such facilities,
that is not imposed on facilities or the personnel of
facilities where medically comparable procedures are
performed.
(H) A requirement that, prior to obtaining an
abortion, a patient make one or more medically
unnecessary in-person visits to the provider of
abortion services or to any individual or entity that
does not provide abortion services.
(I) A limitation on a health care provider's
ability to provide immediate abortion services when
that health care provider believes, based on the good-
faith medical judgment of the provider, that delay
would pose a risk to the patient's life or health.
(J) A requirement that a patient seeking abortion
services at any point or points in time prior to
viability disclose the patient's reason or reasons for
seeking abortion services, or a limitation on providing
or obtaining abortion services at any point or points
in time prior to viability based on any actual,
perceived, or potential reason or reasons of the
patient for obtaining abortion services, regardless of
whether the limitation is based on a health care
provider's actual or constructive knowledge of such
reason or reasons.
(2) Post-viability.--
(A) In general.--A health care provider has a right
under this Act to provide abortion services and a
patient has a corresponding right under this Act to
terminate a pregnancy after viability when, in the
good-faith medical judgement of the treating health
care provider, it is necessary to protect the life or
health of the patient. This subparagraph shall not
otherwise apply after viability.
(B) Additional circumstances.--A State may provide
additional circumstances under which post viability
abortions are permitted under this paragraph.
(C) Limitation.--In the case where a termination of
a pregnancy after viability, in the good-faith medical
judgement of the treating health care provider, is
necessary to protect the life or health of the patient,
a State shall not impose any of the limitations or
requirements described in paragraph (1)
(b) Other Limitations or Requirements.--The rights described in
subsection (a) shall not be limited or otherwise infringed through any
other limitation or requirement that--
(1) expressly, effectively, implicitly, or as implemented,
singles out abortion, the provision of abortion services,
individuals who seek abortion services or who provide
assistance and support to those seeking abortion services,
health care providers who provide abortion services, or
facilities in which abortion services are provided; and
(2) impedes access to abortion services.
(c) Factors for Consideration.--A court may consider the following
factors, among others, in determining whether a limitation or
requirement impedes access to abortion services for purposes of
subsection (b)(2):
(1) Whether the limitation or requirement, in a provider's
good-faith medical judgment, interferes with a health care
provider's ability to provide care and render services, or
poses a risk to the patient's health or safety.
(2) Whether the limitation or requirement is reasonably
likely to delay or deter a patient in accessing abortion
services.
(3) Whether the limitation or requirement is reasonably
likely to directly or indirectly increase the cost of providing
abortion services or the cost for obtaining abortion services
such as costs associated with travel, childcare, or time off
work.
(4) Whether the limitation or requirement is reasonably
likely to have the effect of necessitating patient travel that
would not otherwise have been required, including by making it
necessary for a patient to travel out of State to obtain
services.
(5) Whether the limitation or requirement is reasonably
likely to result in a decrease in the availability of abortion
services in a given State or geographic region.
(6) Whether the limitation or requirement imposes penalties
that are not imposed on other health care providers for
comparable conduct or failure to act, or that are more severe
than penalties imposed on other health care providers for
comparable conduct or failure to act.
(7) The cumulative impact of the limitation or requirement
combined with other limitations or requirements.
(d) Exception.--To defend against a claim that a limitation or
requirement violates a health care provider's or patient's rights under
subsection (b) a party must establish, by clear and convincing
evidence, that the limitation or requirement is essential to
significantly advance the safety of abortion services or the health of
the patients and that the safety or health objective cannot be
accomplished by a different means that does not interfere with the
right protected under subsection (b)).
SEC. 5. PROTECTION OF THE RIGHT TO TRAVEL.
A person has a fundamental right under the Constitution of the
United States and this Act to travel to a State other than the person's
State of residence, including to obtain reproductive health services
such as prenatal, childbirth, fertility, and abortion services, and a
person has a right under this Act to assist another person to obtain
such services or otherwise exercise the right described in this
section.
SEC. 6. APPLICABILITY AND PREEMPTION.
(a) In General.--
(1) Superseding inconsistent laws.--Except as provided
under subsection (b), this Act shall supersede any inconsistent
Federal or State law, and the implementation of such law,
whether statutory, common law, or otherwise, and whether
adopted prior to or after the date of enactment of this Act. A
Federal or State government official shall not administer,
implement, or enforce any law, rule, regulation, standard, or
other provision having the force and effect of law that
conflicts with any provision of this Act, notwithstanding any
other provision of Federal law, including the Religious Freedom
Restoration Act of 1993 (42 U.S.C. 2000bb et seq.).
(2) Laws after date of enactment.--Federal law enacted
after the date of the enactment of this Act shall be subject to
this Act unless such law explicitly excludes such application
by reference to this Act.
(b) Limitations.--The provisions of this Act shall not supersede or
apply to--
(1) laws regulating physical access to clinic entrances;
(2) laws regulating insurance or medical assistance
coverage of abortion services;
(3) the procedure described in section 1531(b)(1) of title
18, United States Code; or
(4) generally applicable State contract law.
(c) Preemption Defense.--In any legal or administrative action
against a person or entity who has exercised or attempted to exercise a
right protected by section 4 or section 5 or against any person or
entity who has taken any step to assist any such person or entity in
exercising such right, this Act shall also apply to, and may be raised
as a defense by, such person or entity, in addition to the remedies
specified in section 8.
SEC. 7. RULES OF CONSTRUCTION.
(a) Liberal Construction by Courts.--In any action before a court
under this Act, the court shall liberally construe the provisions of
this Act to effectuate the purposes of the Act.
(b) Protection of Life and Health.--Nothing in this Act shall be
construed to authorize any government official to interfere with,
diminish, or negatively affect a person's ability to obtain or provide
abortion services prior to viability or after viability when, in the
good-faith medical judgment of the treating health care provider,
continuation of the pregnancy would pose a risk to the pregnant
patient's life or health.
(c) Government Officials.--Any person who, by operation of a
provision of Federal or State law, is permitted to implement or enforce
a limitation or requirement that violates section 4 or 5 shall be
considered a government official for purposes of this Act.
SEC. 8. ENFORCEMENT.
(a) Attorney General.--The Attorney General may commence a civil
action on behalf of the United States in any district court of the
United States against any State that violates, or against any
government official (including a person described in section 7(c)) who
implements or enforces a limitation or requirement that violates,
section 4 or 5. The court shall declare unlawful the limitation or
requirement if it is determined to be in violation of this Act.
(b) Private Right of Action.--
(1) In general.--Any individual or entity adversely
affected by an alleged violation of this Act, including any
person or health care provider, may commence a civil action
against any government official (including a person described
in section 7(c)) that implements or enforces a limitation or
requirement that violates, section 4 or 5. The court shall
declare unlawful the limitation or requirement if it is in
violation of this Act.
(2) Health care provider.--A health care provider may
commence an action for relief on its own behalf, on behalf of
the provider's staff, and on behalf of the provider's patients
who are or may be adversely affected by an alleged violation of
this Act.
(c) Pre-enforcement Challenges.--A suit under subsection (a) or (b)
may be brought to prevent enforcement or implementation by any
government of a State limitation or requirement that is inconsistent
with section 4 or 5.
(d) Declaratory and Equitable Relief.--In any action under this
section, the court may award appropriate declaratory and equitable
relief, including temporary, preliminary, or permanent injunctive
relief.
(e) Costs.--In any action under this section, the court shall award
costs of litigation, as well as reasonable attorney's fees, to any
prevailing plaintiff. A plaintiff shall not be liable to a defendant
for costs or attorney's fees in any non-frivolous action under this
section.
(f) Jurisdiction.--The district courts of the United States shall
have jurisdiction over proceedings under this Act and shall exercise
the same without regard to whether the party aggrieved shall have
exhausted any administrative or other remedies that may be provided for
by law.
(g) Abrogation of State Immunity.--Neither a State that enforces or
maintains, nor a government official (including a person described in
section 7(c)) who is permitted to implement or enforce any limitation
or requirement that violates section 4 or 5 shall be immune under the
Tenth Amendment to the Constitution of the United States, the Eleventh
Amendment to the Constitution of the United States, or any other source
of law, from an action in a Federal or State court of competent
jurisdiction challenging that limitation or requirement, unless such
immunity is required by clearly established Federal law, as determined
by the Supreme Court of the United States.
SEC. 9. EFFECTIVE DATE.
This Act shall take effect upon the date of enactment of this Act.
SEC. 10. SEVERABILITY.
If any provision of this Act, or the application of such provision
to any person, entity, government, or circumstance, is held to be
unconstitutional, the remainder of this Act, or the application of such
provision to all other persons, entities, governments, or
circumstances, shall not be affected thereby.
Calendar No. 26
118th CONGRESS
1st Session
S. 701
_______________________________________________________________________
A BILL
To protect a person's ability to determine whether to continue or end a
pregnancy, and to protect a health care provider's ability to provide
abortion services.
_______________________________________________________________________
March 9, 2023
Read the second time and placed on the calendar
</pre></body></html>
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118S702
|
Urban Waters Federal Partnership Act of 2023
|
[
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"Sen. Cornyn, John [R-TX]",
"cosponsor"
],
[
"K000377",
"Sen. Kelly, Mark [D-AZ]",
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]
] |
<p><b>Urban Waters Federal Partnership Act of 2023</b></p> <p>This bill provides statutory authority for the Urban Waters Federal Partnership Program. Under the program, the Environmental Protection Agency and other specified agencies must reconnect urban communities, particularly urban communities that are overburdened or economically distressed, with their waterways by improving coordination among federal agencies.</p>
|
<html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 702 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 702
To require the Administrator of the Environmental Protection Agency,
the Secretary of the Interior, and the Secretary of Agriculture to
maintain the Urban Waters Federal Partnership Program, and for other
purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
March 8, 2023
Ms. Sinema (for herself, Mr. Cornyn, and Mr. Kelly) introduced the
following bill; which was read twice and referred to the Committee on
Environment and Public Works
_______________________________________________________________________
A BILL
To require the Administrator of the Environmental Protection Agency,
the Secretary of the Interior, and the Secretary of Agriculture to
maintain the Urban Waters Federal Partnership 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 ``Urban Waters Federal Partnership Act
of 2023''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Administrator.--The term ``Administrator'' means the
Administrator of the Environmental Protection Agency.
(2) Member agencies.--The term ``member agencies'' means
each of--
(A) the Environmental Protection Agency;
(B) the Department of the Interior;
(C) the Department of Agriculture;
(D) the Corps of Engineers;
(E) the National Oceanic and Atmospheric
Administration;
(F) the Economic Development Administration;
(G) the Department of Housing and Urban
Development;
(H) the Department of Transportation;
(I) the Department of Energy;
(J) the Department of Education;
(K) the National Institute for Environmental Health
Sciences;
(L) the Community Development Financial
Institutions Fund;
(M) the Federal Emergency Management Agency;
(N) the Corporation for National and Community
Service; and
(O) such other agencies, departments, and bureaus
that elect to participate in the Urban Waters program
as the missions, authorities, and appropriated funding
of those agencies, departments, and bureaus allow.
(3) Secretaries.--The term ``Secretaries'' means the
Secretary of the Interior and the Secretary of Agriculture.
(4) Urban waters ambassador.--The term ``Urban Waters
ambassador'' means a person who--
(A) is locally based near the applicable Urban
Waters partnership location; and
(B) serves in a central coordinating role for the
work carried out in the applicable Urban Waters
partnership location with respect to the Urban Waters
program.
(5) Urban waters nonpartnership location.--The term ``Urban
Waters nonpartnership location'' means an urban or municipal
site and the associated watershed or waterbody of the site--
(A) that receives Federal support for activities
that advance the purpose of the Urban Waters program;
but
(B)(i) that is not formally designated as an Urban
Waters partnership location; and
(ii) for which is not maintained--
(I) an active partnership with an Urban
Waters ambassador; or
(II) an Urban Waters partnership location
workplan.
(6) Urban waters partnership location.--The term ``Urban
Waters partnership location'' means an urban or municipal site
and the associated watershed or waterbody of the site for
which--
(A) the Administrator, in collaboration with the
heads of the other member agencies, has formally
designated as a partnership location under the Urban
Waters program; and
(B) an active partnership with an Urban Waters
ambassador is maintained.
(7) Urban waters partnership location workplan.--The term
``Urban Waters partnership location workplan'' means the plan
for projects and actions that is coordinated across an Urban
Waters partnership location.
(8) Urban waters program.--The term ``Urban Waters
program'' means the program established under section 3(a).
SEC. 3. URBAN WATERS FEDERAL PARTNERSHIP PROGRAM.
(a) Authorization.--There is authorized a program, to be known as
the ``Urban Waters Federal Partnership Program'', administered by the
partnership of the member agencies--
(1) to jointly support and execute the goals of the Urban
Waters program through the independent authorities and
appropriated funding of the member agencies; and
(2) to advance the purpose described in subsection (b)
within designated Urban Waters partnership locations and other
urban and suburban communities in the United States.
(b) Program Purpose.--The purpose of the Urban Waters program is to
reconnect urban communities, particularly urban communities that are
overburdened or economically distressed, with associated waterways by
improving coordination among Federal agencies.
(c) Program Requirements.--
(1) In general.--Subject to the availability of
appropriations, the Administrator, in coordination with the
Secretaries and, as appropriate, the heads of the other member
agencies, shall maintain the Urban Waters program in accordance
with this subsection.
(2) Urban waters federal partnership steering committee.--
(A) Establishment.--
(i) In general.--The Administrator shall
establish a steering committee for the Urban
Waters program (referred to in this paragraph
as the ``steering committee'').
(ii) Chair.--The Administrator shall serve
as chairperson of the steering committee.
(iii) Vice chairs.--The Secretaries shall
serve as vice chairpersons of the steering
committee.
(iv) Membership.--In addition to the
Administrator and the Secretaries, the members
of the steering committee shall be the senior
officials (or their designees) from such member
agencies as the Administrator shall designate.
(B) Duties.--The steering committee shall provide
general guidance to the member agencies with respect to
the Urban Waters program, including guidance with
respect to--
(i) the identification of annual priority
issues for special emphasis within Urban Waters
partnership locations; and
(ii) the identification of funding
opportunities, which shall be communicated to
all Urban Waters partnership locations.
(C) Interagency financing.--Notwithstanding section
1346 of title 31, United States Code, section 708 of
division E of the Consolidated Appropriations Act, 2023
(Public Law 117-328), or any other similar provision of
law, member agencies may--
(i) provide interagency financing to the
steering committee; and
(ii) directly transfer such amounts as are
necessary to support the activities of the
steering committee.
(3) Authority.--
(A) Partnership locations.--
(i) Partnership locations.--The
Administrator and the Secretaries shall
maintain an active partnership program under
the Urban Waters program at each Urban Waters
partnership location, including each Urban
Waters partnership location in existence on the
date of enactment of this Act, by providing--
(I) technical assistance for
projects to be carried out within the
Urban Waters partnership location;
(II) funding for projects to be
carried out within the Urban Waters
partnership location;
(III) funding for an Urban Waters
ambassador for the Urban Waters
partnership location; and
(IV) coordination support with
other member agencies with respect to
activities carried out at the Urban
Waters partnership location.
(ii) New partnership locations.--
(I) In general.--The Administrator
and the Secretaries may, in
consultation with the heads of other
member agencies, establish new Urban
Waters partnership locations.
(II) Nonpartnership locations.--A
community with an Urban Waters
nonpartnership location may, at the
discretion of the community, seek to
have the Urban Waters nonpartnership
location designated as an Urban Waters
partnership location.
(B) Authorized activities.--
(i) Definition of eligible entity.--In this
subparagraph, the term ``eligible entity''
means--
(I) a State;
(II) a territory or possession of
the United States;
(III) the District of Columbia;
(IV) an Indian Tribe;
(V) a unit of local government;
(VI) a public or private
institution of higher education;
(VII) a public or private nonprofit
institution;
(VIII) an intertribal consortium;
(IX) an interstate agency; and
(X) any other entity determined to
be appropriate by the Administrator.
(ii) Activities.--In carrying out the Urban
Waters program, a member agency may--
(I) encourage, cooperate with, and
render technical services to and
provide financial assistance to
support--
(aa) Urban Waters
ambassadors to conduct
activities with respect to the
applicable Urban Waters
partnership location,
including--
(AA) convening the
appropriate Federal and
non-Federal partners
for the Urban Waters
partnership location;
(BB) developing and
carrying out an Urban
Waters partnership
location workplan;
(CC) leveraging
available Federal and
non-Federal resources
for projects within the
Urban Waters
partnership location;
and
(DD) sharing
information and best
practices with the
Urban Waters Learning
Network established
under subparagraph (C);
and
(bb) an eligible entity in
carrying out--
(AA) projects at
Urban Waters
partnership locations
that provide habitat or
water quality
improvements, increase
river recreation,
enhance community
resiliency, install
infrastructure,
strengthen community
engagement with and
education with respect
to water resources, or
support planning,
coordination, and
execution of projects
identified in the
applicable Urban Waters
partnership location
workplan; and
(BB) planning,
research, experiments,
demonstrations,
surveys, studies,
monitoring, training,
and outreach to advance
the purpose described
in subsection (b)
within Urban Waters
partnership locations
and in Urban Waters
nonpartnership
locations; and
(II) transfer funds to or enter
into interagency agreements with other
member agencies as necessary to carry
out the Urban Waters program.
(C) Urban waters learning network.--The
Administrator and the Secretaries shall maintain an
Urban Waters Learning Network--
(i) to share information, resources, and
tools between Urban Waters partnership
locations and with other interested
communities; and
(ii) to carry out community-based capacity
building that advances the goals of the Urban
Waters program.
(D) Workplan progress.--Progress in addressing the
goals of the Urban Waters partnership location workplan
of an Urban Waters partnership location shall be shared
with the Urban Waters program at regular intervals, as
determined by the Administrator and the Secretaries.
(d) Reports to Congress.--The Administrator and the Secretaries
shall annually submit to the appropriate committees of Congress a
report describing the progress in carrying out the Urban Waters
program, which shall include--
(1) a description of the use of funds under the Urban
Waters program;
(2) a description of the progress made in carrying out
Urban Waters partnership location workplans; and
(3) any additional information that the Administrator and
the Secretaries determine to be appropriate.
(e) Authorization of Appropriations.--
(1) In general.--There is authorized to be appropriated to
the Administrator to carry out the Urban Waters program
$10,000,000 for each of fiscal years 2024 through 2028.
(2) Use of funds.--Notwithstanding any other provision of
law, activities carried out using amounts made available to the
Administrator under paragraph (1) may be used in conjunction
with amounts made available from--
(A) other member agencies; and
(B) non-Federal entities that participate in the
Urban Waters program.
<all>
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118S703
|
Physicians for Underserved Areas Act
|
[
[
"R000608",
"Sen. Rosen, Jacky [D-NV]",
"sponsor"
],
[
"B001236",
"Sen. Boozman, John [R-AR]",
"cosponsor"
]
] |
<p><b>Physicians for Underserved Areas Act</b></p> <p>This bill modifies how a hospital's residency positions are redistributed after it closes for purposes of graduate medical education payments under Medicare.</p> <p>Under current law, if a hospital with an approved medical residency program closes, the Centers for Medicare & Medicaid Services (CMS) must redistribute the hospital's residency positions to other hospitals in the following order: (1) hospitals in the same core-based statistical area as the closed hospital, (2) hospitals in the same state as the closed hospital, (3) hospitals in the same region of the country as the closed hospital, and (4) other remaining hospitals. In order to receive the additional positions, hospitals must demonstrate a likelihood of filling the positions within three years.</p> <p>The bill removes the requirement that the CMS prioritize hospitals in the same region of the country as the closed hospital. It also requires hospitals to demonstrate a likelihood of (1) starting to use the positions within two years, and (2) filling the positions within five years.</p>
|
<html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 703 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 703
To amend title XVIII of the Social Security Act to make improvements to
the redistribution of residency slots under the Medicare program after
a hospital closes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
March 8, 2023
Ms. Rosen (for herself and Mr. Boozman) introduced the following bill;
which was read twice and referred to the Committee on Finance
_______________________________________________________________________
A BILL
To amend title XVIII of the Social Security Act to make improvements to
the redistribution of residency slots under the Medicare program after
a hospital closes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Physicians for Underserved Areas
Act''.
SEC. 2. IMPROVEMENTS TO THE REDISTRIBUTION OF RESIDENCY SLOTS UNDER THE
MEDICARE PROGRAM AFTER A HOSPITAL CLOSES.
(a) In General.--Section 1886(h)(4)(H)(vi) of the Social Security
Act (42 U.S.C. 1395ww(h)(4)(H)(vi)) is amended--
(1) in subclause (II)--
(A) by striking item (cc) and redesignating item
(dd) as item (cc); and
(B) in item (cc), as redesignated under
subparagraph (A)--
(i) by striking ``Fourth'' and inserting
``Third''; and
(ii) by striking ``item (cc)'' and
inserting ``item (bb)''; and
(2) in subclause (III), by striking ``likelihood of
filling'' and all that follows and inserting the following:
``likelihood of--
``(aa) starting to utilize
the positions made available
under this clause within 2
years; and
``(bb) filling the
positions made available under
this clause within 5 years.''.
(b) Effective Date.--The amendments made by subsection (a) shall
apply to the redistribution of residency slots with respect to
hospitals that close on or after the date of enactment of this Act.
<all>
</pre></body></html>
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|
118S704
|
REDI Act
|
[
[
"R000608",
"Sen. Rosen, Jacky [D-NV]",
"sponsor"
],
[
"B001236",
"Sen. Boozman, John [R-AR]",
"cosponsor"
],
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"P000603",
"Sen. Paul, Rand [R-KY]",
"cosponsor"
],
[
"G000555",
"Sen. Gillibrand, Kirsten E. [D-NY]",
"cosponsor"
],
[
"W000779",
"Sen. Wyden, Ron [D-OR]",
"cosponsor"
],
[
"K000377",
"Sen. Kelly, Mark [D-AZ]",
"cosponsor"
],
[
"K000393",
"Sen. Kennedy, John [R-LA]",
"cosponsor"
]
] |
<p><strong>Resident Education Deferred Interest Act or the REDI Act</strong><strong></strong></p> <p>This bill allows borrowers in medical or dental internships or residency programs to defer student loan payments until the completion of their programs. </p>
|
<html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 704 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 704
To amend the Higher Education Act of 1965 to provide for interest-free
deferment on student loans for borrowers serving in a medical or dental
internship or residency program.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
March 8, 2023
Ms. Rosen (for herself and Mr. Boozman) introduced the following bill;
which was read twice and referred to the Committee on Health,
Education, Labor, and Pensions
_______________________________________________________________________
A BILL
To amend the Higher Education Act of 1965 to provide for interest-free
deferment on student loans for borrowers serving in a medical or dental
internship or residency 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 ``Resident Education Deferred Interest
Act'' or the ``REDI Act''.
SEC. 2. DEFERMENT DURING A MEDICAL OR DENTAL INTERNSHIP OR RESIDENCY
PROGRAM.
Section 455(f) of the Higher Education Act of 1965 (20 U.S.C.
1087e(f)) is amended--
(1) in paragraph (1), in the matter preceding subparagraph
(A), by striking ``A borrower'' and inserting ``Except as
provided in paragraph (6), a borrower'';
(2) in paragraph (2)(A)--
(A) in clause (i), by striking ``or'' after the
semicolon;
(B) by striking the matter following clause (ii);
(C) in clause (ii), by striking the comma at the
end and inserting ``; or''; and
(D) by adding at the end the following:
``(iii) is serving in a medical or dental
internship or residency program;''; and
(3) by adding at the end the following:
``(6) Special rule for certain in school deferment.--
Notwithstanding any other provision of this Act, a borrower
described in paragraph (2)(A)(iii) shall be eligible for a
deferment, during which periodic installments of principal need
not be paid and interest shall not accrue on any loan made to
the borrower under this part.''.
<all>
</pre></body></html>
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[
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118S705
|
SPARC Act
|
[
[
"R000608",
"Sen. Rosen, Jacky [D-NV]",
"sponsor"
],
[
"W000437",
"Sen. Wicker, Roger F. [R-MS]",
"cosponsor"
]
] |
<html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 705 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 705
To amend the Public Health Service Act to authorize a loan repayment
program to encourage specialty medicine physicians to serve in rural
communities experiencing a shortage of specialty medicine physicians,
and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
March 8, 2023
Ms. Rosen (for herself and Mr. Wicker) introduced the following bill;
which was read twice and referred to the Committee on Health,
Education, Labor, and Pensions
_______________________________________________________________________
A BILL
To amend the Public Health Service Act to authorize a loan repayment
program to encourage specialty medicine physicians to serve in rural
communities experiencing a shortage of specialty medicine physicians,
and for other 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 ``Specialty Physicians Advancing Rural
Care Act'' or the ``SPARC Act''.
SEC. 2. SPECIALTY MEDICAL PRACTITIONERS WORKFORCE IN RURAL COMMUNITIES.
Title VII of the Public Health Service Act (42 U.S.C. 292 et seq.)
is amended--
(1) by redesignating part G (42 U.S.C. 795j et seq.) as
part H; and
(2) by inserting after part F (42 U.S.C. 295h) the
following new part:
``PART G--SPECIALTY MEDICINE WORKFORCE IN RURAL COMMUNITIES
``SEC. 782. LOAN REPAYMENT PROGRAM.
``(a) In General.--
``(1) Program for specialty medicine physicians.--The
Secretary, acting through the Administrator of the Health
Resources and Services Administration, shall carry out a
program under which--
``(A) the Secretary enters into agreements with
specialty medicine physicians to make payments in
accordance with subsection (b) on the principal of and
interest on any eligible loans described in subsection
(c); and
``(B) the specialty medicine physicians each agree
to complete a period of obligated service described in
subsection (d) as a specialty medicine physician in the
United States in a rural community experiencing a
shortage of specialty medicine physicians.
``(2) Program for non-physician specialty health care
providers.--The Secretary, acting through the Administrator of
the Health Resources and Services Administration, may carry out
a program under which--
``(A) the Secretary enters into agreements with
non-physician specialty health care providers to make
payments in accordance with subsection (b) on the
principal of and interest on any eligible loans
described in subsection (c); and
``(B) the non-physician specialty health care
providers each agree to complete a period of obligated
service described in subsection (d) as a non-physician
specialty health care provider in the United States in
a rural community experiencing a shortage of such
providers.
``(b) Payments.--For each year of obligated service by a specialty
medicine physician pursuant to an agreement under subsection (a)(1) or
by a non-physician specialty health care provider pursuant to an
agreement under subsection (a)(2), the Secretary shall make a payment
to such physician or provider as follows:
``(1) Service in shortage area.--The Secretary shall pay--
``(A) for each year of obligated service by a
specialty medicine physician or non-physician specialty
health care provider pursuant to an agreement under
paragraph (1) or (2) of subsection (a), \1/6\ of the
principal of and interest on each eligible loan of the
physician or provider which is outstanding on the date
the physician or provider began service pursuant to the
agreement; and
``(B) for completion of the sixth and final year of
such service, the remainder of such principal and
interest.
``(2) Maximum amount.--The total amount of payments under
this section to any specialty medicine physician or non-
physician specialty health care provider shall not exceed
$250,000.
``(c) Eligible Loans.--The loans eligible for repayment under this
section are each of the following:
``(1) Any loan for education in specialty medicine or
specialty health care.
``(2) Any Federal Direct Stafford Loan, Federal Direct PLUS
Loan, Federal Direct Unsubsidized Stafford Loan, or Federal
Direct Consolidation Loan (as such terms are used in section
455 of the Higher Education Act of 1965).
``(3) Any Federal Perkins Loan under part E of title I of
the Higher Education Act of 1965.
``(4) Any other Federal loan as determined appropriate by
the Secretary.
``(d) Period of Obligated Service.--Any specialty medicine
physician or non-physician specialty health care provider receiving
payments under this section as required by an agreement under paragraph
(1) or (2) of subsection (a) shall agree to a 6-year commitment to
full-time employment, with no more than 1 year passing between any 2
years of covered employment, as a specialty medicine physician or non-
physician specialty health care provider, as applicable, in the United
States in a rural community experiencing a shortage of specialty
medicine physicians or non-physician specialty health care providers,
as applicable.
``(e) Ineligibility for Double Benefits.--No borrower may, for the
same service, receive a reduction of loan obligations or a loan
repayment under both--
``(1) this section; and
``(2) any federally supported loan forgiveness program,
including under section 338B, 338I, or 846 of this Act, or
section 428J, 428L, 455(m), or 460 of the Higher Education Act
of 1965.
``(f) Breach.--
``(1) Liquidated damages formula.--The Secretary may
establish a liquidated damages formula to be used in the event
of a breach of an agreement entered into under paragraph (1) or
(2) of subsection (a).
``(2) Limitation.--The failure by a specialty medicine
physician or a non-physician specialty health care provider to
complete the full period of service obligated pursuant to such
an agreement, taken alone, shall not constitute a breach of the
agreement, so long as the physician or provider completed in
good faith the years of service for which payments were made to
the physician or provider under this section.
``(g) Special Rules for Non-Physician Specialty Health Care
Providers.--Non-physician specialty health care providers participating
in the program under this section are not eligible for other Federal
loan forgiveness programs specific to health care providers. Not more
than 15 percent of amounts made available to carry out this section for
a fiscal year may be allocated to awards to non-physician specialty
health care providers.
``(h) Reports to Congress.--Not later than 5 years after the date
of enactment of this section, and not less than every other year
thereafter through fiscal year 2031, the Secretary shall report to
Congress on--
``(1) the practice location of special medicine physicians
and non-physician specialty health care providers
participating, or who have participated, in the loan repayment
program under this section; and
``(2) the impact of the loan repayment program under this
section on the availability of specialty medicine or specialty
health care services in the United States in rural communities
experiencing a shortage of specialty medicine physicians or
non-physician specialty health care providers.
``(i) Data Updates.--The Administrator of the Health Resources and
Services Administration shall update publicly available data on the
supply of specialty medicine physicians and non-physician specialty
health care providers, as appropriate.
``(j) Definitions.--In this section:
``(1) Non-physician specialty health care provider.--The
term `non-physician specialty health care provider' means a
health professional other than a physician who is licensed to
provide patient care other than primary care services.
``(2) Specialty medicine physician.--The term `specialty
medicine physician' means a physician practicing in--
``(A) a specialty identified in the report of the
Health Resources and Services Administration, titled
`Projecting the Supply of Non-Primary Care Specialty
and Subspecialty Clinicians: 2010-2025';
``(B) hospice and palliative medicine;
``(C) geriatric medicine; or
``(D) another medical specialty, if the Secretary
determines that there is evidence demonstrating a
significant shortage of providers in the medical
specialty and limited patient access to care.
``(k) Authorization of Appropriations.--To carry out this section,
there are authorized to be appropriated such sums as may be necessary
for fiscal years 2023 through 2032.''.
<all>
</pre></body></html>
|
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|
118S706
|
Ruby Mountains Protection Act
|
[
[
"C001113",
"Sen. Cortez Masto, Catherine [D-NV]",
"sponsor"
],
[
"R000608",
"Sen. Rosen, Jacky [D-NV]",
"cosponsor"
]
] |
<p><b>Ruby Mountains Protection Act</b></p> <p>This bill withdraws </p> <ul> <li>approximately 309,272 acres of federal land and interests in identified land located in the Ruby Mountains subdistrict of the Humboldt-Toiyabe National Forest in Nevada from operation under the mineral leasing laws; and </li> <li> approximately 39,926.10 acres of federal land and interests in identified land located in the Ruby Lake National Wildlife Refuge in Nevada from operation under the mineral leasing laws, except the withdrawal shall not apply to noncommercial refuge management activities by the U.S. Fish and Wildlife Service. </li> </ul>
|
<html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 706 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 706
To withdraw the National Forest System land in the Ruby Mountains
subdistrict of the Humboldt-Toiyabe National Forest and the National
Wildlife Refuge System land in Ruby Lake National Wildlife Refuge, Elko
and White Pine Counties, Nevada, from operation under the mineral
leasing laws.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
March 8, 2023
Ms. Cortez Masto (for herself and Ms. Rosen) introduced the following
bill; which was read twice and referred to the Committee on Energy and
Natural Resources
_______________________________________________________________________
A BILL
To withdraw the National Forest System land in the Ruby Mountains
subdistrict of the Humboldt-Toiyabe National Forest and the National
Wildlife Refuge System land in Ruby Lake National Wildlife Refuge, Elko
and White Pine Counties, Nevada, from operation under the mineral
leasing 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 ``Ruby Mountains Protection Act''.
SEC. 2. WITHDRAWAL OF CERTAIN NATIONAL FOREST SYSTEM LAND.
(a) Withdrawal.--Subject to valid existing rights, the
approximately 309,272 acres of Federal land and interests in the land
located in the Ruby Mountains subdistrict of the Humboldt-Toiyabe
National Forest within the area depicted on the Forest Service map
entitled ``S. 258 Ruby Mountains Protective Act'' and dated December 5,
2019, as ``National Forest System Lands'' are withdrawn from all forms
of operation under the mineral leasing laws.
(b) Application.--Any land or interest in land within the boundary
of the Ruby Mountains subdistrict of the Humboldt-Toiyabe National
Forest that is acquired by the United States after the date of
enactment of this Act shall be withdrawn in accordance with subsection
(a).
(c) Availability of Map.--The map described in subsection (a) shall
be on file and available for public inspection in the appropriate
offices of the Forest Service.
SEC. 3. WITHDRAWAL OF CERTAIN NATIONAL WILDLIFE REFUGE SYSTEM LAND.
(a) Withdrawal.--
(1) In general.--Subject to valid existing rights, the
approximately 39,926.10 acres of Federal land and interests in
the land located in the Ruby Lake National Wildlife Refuge and
depicted on the United States Fish and Wildlife Service map
entitled ``S. XXX Ruby Mountains Protection Act'' and dated
February 23, 2021, as ``Ruby Lake National Wildlife Refuge''
are withdrawn from all forms of operation under the mineral
leasing laws, subject to paragraph (2).
(2) Exception.--The withdrawal under paragraph (1) shall
not apply to noncommercial refuge management activities by the
United States Fish and Wildlife Service.
(b) Application.--Any land or interest in land within the boundary
of the Ruby Lake National Wildlife Refuge that is acquired by the
United States after the date of enactment of this Act shall be
withdrawn in accordance with subsection (a).
(c) Availability of Map.--The map described in subsection (a)(1)
shall be on file and available for public inspection in the appropriate
offices of the United States Fish and Wildlife Service.
<all>
</pre></body></html>
|
[
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"Forests, forestry, trees",
"Land transfers",
"Mining",
"Nevada",
"Oil and gas",
"Wilderness and natural areas, wildlife refuges, wild rivers, habitats"
] |
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118S707
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AFTER Act of 2023
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<html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 707 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 707
To amend the Animal Welfare Act to allow for the retirement of certain
animals used in Federal research, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
March 8, 2023
Ms. Collins (for herself, Mr. Peters, Mr. Whitehouse, Mr. Hickenlooper,
Ms. Hassan, Ms. Warren, Ms. Smith, Mr. Booker, Mr. Warnock, Ms. Rosen,
Ms. Duckworth, Mr. King, Mr. Padilla, Mrs. Feinstein, Mr. Van Hollen,
Mrs. Shaheen, Mr. Carper, and Mr. Merkley) introduced the following
bill; which was read twice and referred to the Committee on
Agriculture, Nutrition, and Forestry
_______________________________________________________________________
A BILL
To amend the Animal Welfare Act to allow for the retirement of certain
animals used in Federal research, and for other 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 ``Animal Freedom from Testing,
Experiments, and Research Act of 2023'' or the ``AFTER Act of 2023''.
SEC. 2. PLACEMENT OF ANIMALS USED IN FEDERAL RESEARCH.
(a) In General.--Section 14 of the Animal Welfare Act (7 U.S.C.
2144) is amended to read as follows:
``SEC. 14. STANDARDS FOR FEDERAL FACILITIES.
``(a) Definitions.--In this section:
``(1) Animal rescue organization.--The term `animal rescue
organization' means a nonprofit organization the purpose of
which is to rescue covered animals and find permanent adoptive
homes for those animals.
``(2) Animal sanctuary.--The term `animal sanctuary' means
a nonprofit organization that--
``(A) is registered with the Secretary;
``(B) operates a place of refuge in which--
``(i) a covered animal is provided care for
the lifetime of the animal; and
``(ii) an unescorted public visitation of
that animal is not permitted;
``(C) does not engage in commercial trade of
covered animals;
``(D) does not breed covered animals;
``(E) does not permit direct contact between the
public and covered animals;
``(F) does not allow the use of a covered animal
for performance or exhibition purposes; and
``(G) does not conduct or permit research on a
covered animal other than noninvasive behavioral
research.
``(3) Animal shelter.--The term `animal shelter' means a
facility that--
``(A) accepts or seizes covered animals--
``(i) to care for the animals;
``(ii) to place those animals in a
permanent adoptive home; or
``(iii) for purposes of law enforcement;
and
``(B) does not--
``(i) engage in commercial trade of covered
animals;
``(ii) breed covered animals;
``(iii) allow the use of a covered animal
for performance or exhibition purposes; or
``(iv) conduct or permit research on a
covered animal other than noninvasive
behavioral research.
``(4) Covered animal.--
``(A) In general.--The term `covered animal' means
an animal that is unwanted, abandoned, or otherwise in
need of placement in a home.
``(B) Exclusions.--The term `covered animal' does
not include--
``(i) a rat of the genus Rattus; or
``(ii) a mouse of the genus Mus.
``(5) Nonprofit organization.--The term `nonprofit
organization' means an organization described in section
501(c)(3) of the Internal Revenue Code of 1986 and exempt from
taxation under section 501(a) of that Code.
``(6) Suitable for retirement.--The term `suitable for
retirement' means, with respect to an animal, that the animal
has been evaluated by a licensed veterinarian and is determined
to be mentally and physically healthy.
``(b) Laboratory Animal Facilities and Exhibitors.--Any department,
agency, or instrumentality of the United States that operates
laboratory animal facilities or exhibits animals shall comply with the
standards and other requirements promulgated by the Secretary under
subsections (a), (g), (h), and (i) of section 13.
``(c) Retirement.--
``(1) In general.--Not later than 90 days after the date of
enactment of the AFTER Act of 2023, any department, agency, or
instrumentality of the United States operating a Federal
research facility shall, after public notice and comment,
promulgate regulations that, with respect to any animal of the
facility that is no longer needed for research and determined
to be suitable for retirement--
``(A) facilitate and encourage the adoption of the
animal by, or placement of the animal with--
``(i) an animal rescue organization, animal
sanctuary, animal shelter, or individual who
intends to keep the animal as a pet; or
``(ii) in the case of a nonhuman primate,
an animal sanctuary; and
``(B) to the maximum extent practicable,
collaborate with appropriate nonprofit organizations to
carry out subparagraph (A).
``(2) National placement.--The regulations promulgated to
carry out paragraph (1)(A) shall include consideration of
placing animals with the entities described in that
subparagraph that are located beyond the immediate geographic
vicinity of the Federal research facility at which the animal
being retired is located.
``(d) Effect on Other Laws.--Nothing in this section, including
regulations promulgated under subsection (c)(1), shall--
``(1) preempt any State or local law relating to the
adoption or placement of animals used in research that is more
stringent than the requirements of this section;
``(2) prohibit, prevent, forestall, or otherwise impede the
placement of any chimpanzee that has been used, or was bred or
purchased for use, in research conducted or supported by a
Federal agency into the sanctuary system established under
section 404K of the Public Health Service Act (42 U.S.C. 283m);
or
``(3) prevent a State or unit of local government from
adopting or enforcing an animal welfare law that is more
stringent than this section.''.
(b) Technical Amendments.--Section 13 of the Animal Welfare Act (7
U.S.C. 2143) is amended--
(1) by redesignating subsections (g) and (h) as subsections
(h) and (i), respectively; and
(2) by redesignating the second subsection (f) (relating to
the certification requirement for the delivery of any animal)
as subsection (g).
<all>
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|
118S708
|
A bill to improve outcomes for Medicaid beneficiaries with major depressive disorder or other mental health conditions.
|
[
[
"B000944",
"Sen. Brown, Sherrod [D-OH]",
"sponsor"
],
[
"S001184",
"Sen. Scott, Tim [R-SC]",
"cosponsor"
],
[
"B001243",
"Sen. Blackburn, Marsha [R-TN]",
"cosponsor"
]
] |
<p>This bill requires the Centers for Medicare & Medicaid Services to issue guidance for state Medicaid programs on best practices to support individuals with major depressive disorder or other mental health conditions, including options that include pharmacogenetic testing.</p>
|
<html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 708 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 708
To improve outcomes for Medicaid beneficiaries with major depressive
disorder or other mental health conditions.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
March 8, 2023
Mr. Brown (for himself and Mr. Scott of South Carolina) introduced the
following bill; which was read twice and referred to the Committee on
Finance
_______________________________________________________________________
A BILL
To improve outcomes for Medicaid beneficiaries with major depressive
disorder or other mental health conditions.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. GUIDANCE RELATING TO MEDICAID COVERAGE OF GENETIC TESTING TO
IMPROVE OUTCOMES FOR BENEFICIARIES WITH MAJOR DEPRESSIVE
DISORDER OR OTHER MENTAL HEALTH CONDITIONS.
Not later than 1 year after the date of enactment of this Act, the
Administrator of the Centers for Medicare & Medicaid Services shall
issue guidance for State Medicaid programs through a State Medicaid
Director letter that specifies best practices to improve outcomes for
individuals eligible for medical assistance under State Medicaid
programs who have major depressive disorder or other mental health
conditions. The guidance shall include coverage policy examples
utilizing pharmacogenetic testing to support clinicians seeking
medication options to treat patients and reduce trial and error from
the Medicare program or from issuers of individual or group health
insurance coverage.
<all>
</pre></body></html>
|
[
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"Prescription drugs",
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|
118S709
|
Federal Agency Performance Act of 2023
|
[
[
"P000595",
"Sen. Peters, Gary C. [D-MI]",
"sponsor"
],
[
"B001310",
"Sen. Braun, Mike [R-IN]",
"cosponsor"
]
] |
<html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 709 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 709
To improve performance and accountability in the Federal Government,
and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
March 8, 2023
Mr. Peters (for himself and Mr. Braun) introduced the following bill;
which was read twice and referred to the Committee on Homeland Security
and Governmental Affairs
_______________________________________________________________________
A BILL
To improve performance and accountability in the Federal Government,
and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Federal Agency Performance Act of
2023''.
SEC. 2. ESTABLISHMENT OF STRATEGIC REVIEWS AND REPORTING.
(a) Strategic Reviews.--
(1) In general.--Section 1121 of title 31, United States
Code, is amended--
(A) by striking the section heading and inserting
``Progress reviews and use of performance
information''; and
(B) by adding at the end the following:
``(c) Agency Reviews of Progress Towards Strategic Goals and
Objectives.--
``(1) Covered goal defined.--In this subsection, the term
`covered goal' means a goal or objective established in the
strategic plan of the agency under section 306(a) of title 5.
``(2) Review.--Not less frequently than annually and
consistent with guidance issued by the Director of the Office
of Management and Budget, the head and Chief Operating Officer
of each agency, shall--
``(A) for each covered goal, review with the
appropriate agency official responsible for the covered
goal--
``(i) the progress achieved toward the
covered goal--
``(I) during the most recent fiscal
year; or
``(II) from recent sources of
evidence available at the time of the
review; and
``(ii) the likelihood that the agency will
achieve the covered goal;
``(B) coordinate with relevant personnel within and
outside the agency who contribute to the accomplishment
of each covered goal;
``(C) assess progress toward each covered goal by
reviewing performance information and other types of
evidence relating to each covered goal, such as program
evaluations and statistical data;
``(D) identify whether additional evidence is
necessary to better assess progress toward each covered
goal, and prioritize the development of the evidence
described in subparagraph (C), such as through the
plans required under section 312 of title 5, if
applicable;
``(E) assess whether relevant organizations,
program activities, regulations, policies, and other
activities contribute as planned to each covered goal;
``(F) as appropriate, leverage the assessment
performed under subparagraph (E) as part of the
portfolio reviews required under section 503(c)(1)(G);
``(G) identify any risks or impediments that would
reduce or otherwise decrease the likelihood that the
agency will achieve the covered goal; and
``(H) for each covered goal at greatest risk of not
being achieved, identify prospects and strategies for
performance improvement, including any necessary
changes to program activities, regulations, policies,
or other activities of the agency.
``(3) Support.--In fulfilling the requirements of paragraph
(2), the head and Chief Operating Officer of each agency shall
be supported by--
``(A) the Performance Improvement Officer of the
agency;
``(B) as appropriate, the Chief Data Officer,
Evaluation Officer, Program Management Improvement
Officer, and Statistical Official of the agency; and
``(C) any other senior agency official designated
by the head of the agency, the sustained involvement of
whom may help the agency increase the likelihood of
achieving 1 or more covered goals.''.
(2) Conforming amendment.--The table of sections for
Chapter 11 of title 31, United States Code, is amended by
striking the item relating to section 1121 and inserting the
following:
``1121. Progress reviews and use of performance information.''.
(b) Summary Required.--Section 1116 of title 31, United States
Code, is amended--
(1) in subsection (c)--
(A) in paragraph (6)(E), by striking ``and'' at the
end;
(B) in paragraph (7), by striking the period at the
end and inserting ``; and''; and
(C) by adding at the end the following:
``(8) include a summary of the findings of the review of
the agency under section 1121(c).''; and
(2) by striking subsections (f) through (i).
SEC. 3. REVISIONS TO THE FEDERAL PERFORMANCE WEBSITE.
Section 1122 of title 31, United States Code, is amended--
(1) in subsection (a)--
(A) in paragraph (2)--
(i) in subparagraph (C)--
(I) by inserting ``required to be
included on the single website under
subparagraph (A) and the information'';
before ``in the program inventory'';
and
(II) by striking ``and'' at the
end;
(ii) in subparagraph (D), by striking the
period at the end and inserting ``; and''; and
(iii) by adding at the end the following:
``(E) ensure that the website described in
subparagraph (A) conforms with the requirements for
websites under section 3(a) of the 21st Century
Integrated Digital Experience Act (44 U.S.C. 3501
note).''; and
(B) in paragraph (4), by striking subparagraph (A)
and inserting the following:
``(A) archive and preserve--
``(i) the information included in the
program inventory required under paragraph
(2)(B), including the information described in
paragraph (3), after the end of the period
during which that information is made
available; and
``(ii) the information included in the
single website under paragraph (2)(A) in
accordance with subsections (b) and (c) after
the end of the period during which such
information is made available on the website;
and'';
(2) in subsection (b), by striking paragraph (6) and
inserting the following:
``(6) the results achieved toward the agency priority goals
established under section 1120(b)--
``(A) during the most recent quarter and overall
trend data for each quarter compared to the planned
level of performance; and
``(B) at the end of the 2-year agency priority goal
period compared to the overall planned level of
performance;''; and
(3) in subsection (c), by striking paragraph (5) and
inserting the following:
``(5) the results achieved toward the priority goals
developed under section 1120(a)(1)--
``(A) during the most recent quarter and overall
trend data for each quarter compared to the planned
level of performance; and
``(B) at the end of the 4-year Federal Government
priority goal period compared to the overall planned
level of performance;''.
SEC. 4. FEDERAL GOVERNMENT PRIORITY GOALS.
Section 1120(a)(2) of title 31, United States Code, is amended by
striking the second sentence and inserting ``Such goals shall--
``(A) be updated and revised not less frequently
than during the first year of each Presidential term;
``(B) be made publicly available not less
frequently than concurrently with the submission of the
budget of the United States Government under section
1105(a) made during the first full fiscal year
following any year during which a term of the President
commences under section 101 of title 3;
``(C) include plans for the successful achievement
of each goal within each single Presidential term; and
``(D) explicitly cite to any specific contents of
the budget described in subparagraph (B) that support
the achievement of each goal.''.
SEC. 5. FEDERAL GOVERNMENT PRIORITY GOAL CO-LEADERS.
Section 1115(a) of title 31, United States Code, is amended by
striking paragraph (3) and inserting the following:
``(3) For each Federal Government performance goal,
identify, as appropriate, not fewer than 2 lead Government
officials who shall jointly be responsible for coordinating the
efforts to achieve the goal, of whom--
``(A) not less than 1 shall be from the Executive
Office of the President; and
``(B) not less than 1 shall be from an agency
identified as contributing to the Federal Government
performance goal described in paragraph (2);''.
SEC. 6. ESTABLISHMENT OF DEPUTY PERFORMANCE IMPROVEMENT OFFICERS.
Section 1124(a) of title 31, United States Code, is amended--
(1) by striking paragraph (1) and inserting the following:
``(1) Establishment.--At each agency, the head of the
agency, in consultation with the Chief Operating Officer of the
agency, shall designate--
``(A) a Performance Improvement Officer, who shall
be a senior executive of the agency; and
``(B) if the Performance Improvement Officer
designated under subparagraph (A) is not a career
appointee of the Senior Executive Service, a Deputy
Performance Improvement Officer, who shall be a career
appointee of the Senior Executive Service.''; and
(2) by adding at the end the following:
``(3) Deputy performance improvement officer.--A Deputy
Performance Improvement Officer designated under paragraph
(1)(B) shall support the Performance Improvement Officer in
carrying out the functions of the Performance Improvement
Officer under paragraph (2).''.
SEC. 7. REPEAL OF OUTDATED PILOT PROJECTS.
(a) In General.--Chapter 11 of title 31, United States Code, is
amended by striking sections 1118 and 1119.
(b) Conforming Amendment.--Section 9704 of title 31, United States
Code, is amended--
(1) by striking subsection (c); and
(2) by redesignating subsection ``(d)'' as subsection
``(c)''.
(c) Clerical Amendment.--The table of sections for chapter 11 of
title 31, United States Code, is amended by striking the items relating
to sections 1118 and 1119.
SEC. 8. CLARIFYING AMENDMENTS.
(a) Clarification of Requirement To Cite to Evidence-Building
Activities in Strategic Plans.--Section 306(a) of title 5, United
States Code, is amended--
(1) in paragraph (8) by inserting ``, as applicable'' after
``section 312''; and
(2) in paragraph (9), in the matter preceding subparagraph
(A), by inserting ``with respect to the head of an agency
required to develop a plan described in subsection (a) or (b)
of section 312,'' before ``an assessment''.
(b) Clarification of Timing of Agency Performance Report.--Section
1116(b)(1) of title 31, United States Code, is amended by striking
``shall occur no less than 150 days after'' and inserting ``shall occur
not later than 150 days after''.
<all>
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118S71
|
Extending Limits of United States Customs Waters Act of 2023
|
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[
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] |
<p><strong>Extending Limits of United States Customs Waters Act of </strong><b>2023</b></p> <p>This bill extends the customs waters territory of the United States.</p> <p>Under current law, <em>customs waters</em> means waters within four leagues of the coast of the United States. This bill revises the definition to include (1) the territorial sea of the United States to the limits permitted by international law in accordance with Presidential Proclamation 5928, dated December 27, 1988, that extended such limits to 12 nautical miles from the baselines of the United States; and (2) the contiguous zone of the United States to the limits permitted by international law in accordance with Presidential Proclamation 7219, dated September 2, 1999, that extended such limits to 24 nautical miles from the baselines of the United States.</p>
|
<html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 71 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 71
To extend the customs waters of the United States from 12 nautical
miles to 24 nautical miles from the baselines of the United States,
consistent with Presidential Proclamation 7219.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
January 25, 2023
Mr. Scott of Florida (for himself, Ms. Sinema, and Mr. Lankford)
introduced the following bill; which was read twice and referred to the
Committee on Finance
_______________________________________________________________________
A BILL
To extend the customs waters of the United States from 12 nautical
miles to 24 nautical miles from the baselines of the United States,
consistent with Presidential Proclamation 7219.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Extending Limits of United States
Customs Waters Act of 2023''.
SEC. 2. FINDINGS; SENSE OF CONGRESS.
(a) Findings.--Congress makes the following findings:
(1) On December 27, 1988, Presidential Proclamation 5928
extended the territorial sea of the United States from 3
nautical miles to 12 nautical miles from the baselines of the
United States, determined in accordance with international law.
(2) On August 2, 1999, Presidential Proclamation 7219
extended the contiguous zone of the United States from 12
nautical miles to 24 nautical miles from the baselines of the
United States, determined in accordance with international law,
but in no case within the territorial sea of another country.
(3) Customary international law, in its current form, as
provided for in the United Nations Convention on the Law of the
Sea and consistent with Presidential Proclamations 5928 and
7219, reflects that--
(A) every coastal State has the right to establish
the breadth of its territorial sea to a limit not
exceeding 12 nautical miles, measured from its
baselines;
(B) a coastal State's contiguous zone may not
extend beyond 24 nautical miles from the baselines from
which the breadth of the territorial sea is measured;
(C) a coastal State has exclusive jurisdiction over
its flagged vessels within its territorial seas and
upon the high seas; and
(D) in the contiguous zone of a coastal State, the
State may--
(i) exercise the control necessary to
prevent the infringement of its customs,
fiscal, immigration, or sanitary laws and
regulations within its territory or the
territorial sea; and
(ii) punish the infringement of those laws
and regulations committed within its territory
or the territorial sea.
(4) Customary international law, in its current form, as
provided for in the United Nations Convention on the Law of the
Sea, recognizes that outside the territorial waters of a
coastal State, the vessels and aircraft of all countries enjoy
the high seas freedoms of navigation and overflight. Pursuant
to those freedoms and the requirements of international law--
(A) before boarding a vessel outside of the
territorial waters of a coastal State, but within the
contiguous zone of that State, authorities of the State
are generally required to have reasonable grounds to
believe that the vessel is destined for the State or
has violated or is attempting to violate the customs,
fiscal, immigration, or sanitary laws and regulations
of that State; and
(B) the hot pursuit of a foreign vessel--
(i) may be undertaken when competent
authorities of the State have good reason to
believe that the vessel or one of its boats has
violated the laws and regulations of that
State;
(ii) is required to be commenced when the
foreign vessels or one of its boats is within
the internal waters, the territorial sea, or
the contiguous zone of the State, and may be
continued outside the territorial sea or the
contiguous zone only if the pursuit has not
been interrupted; and
(iii) in a case in which the foreign
vessels is within the contiguous zone of the
State, may be undertaken only if there has been
a violation of the rights for the protection of
which the contiguous zone was established.
(b) Sense of Congress.--It is the sense of Congress that--
(1) it is necessary to extend the authority of U.S. Customs
and Border Protection to conduct law enforcement activities in
the customs waters of the United States from 12 nautical miles
to 24 nautical miles because as modern technology continues to
change and expand rapidly, the performance and speed of
maritime vessels, including those used to violate the laws of
the United States or evade United States law enforcement
agents, improve, and the limit of 12 nautical miles no longer
provides law enforcement agents with sufficient time to
interdict such vessels; and
(2) the extension of the customs waters of the United
States to the limits permitted by international law will
advance the law enforcement and public health interests of the
United States.
SEC. 3. EXTENSION OF CUSTOMS WATERS OF THE UNITED STATES.
(a) Tariff Act of 1930.--Section 401(j) of the Tariff Act of 1930
(19 U.S.C. 1401(j)) is amended--
(1) by striking ``means, in the case'' and inserting the
following: ``means--
``(1) in the case'';
(2) by striking ``of the coast of the United States'' and
inserting ``from the baselines of the United States (determined
in accordance with international law)'';
(3) by striking ``and, in the case'' and inserting the
following: ``; and
``(2) in the case''; and
(4) by striking ``the waters within four leagues of the
coast of the United States.'' and inserting the following:
``the waters within--
``(A) the territorial sea of the United States, to
the limits permitted by international law in accordance
with Presidential Proclamation 5928 of December 27,
1988; and
``(B) the contiguous zone of the United States, to
the limits permitted by international law in accordance
with Presidential Proclamation 7219 of September 2,
1999.''.
(b) Anti-Smuggling Act.--Section 401(c) of the Anti-Smuggling Act
(19 U.S.C. 1709(c)) is amended--
(1) by striking ``means, in the case'' and inserting the
following: ``means--
``(1) in the case'';
(2) by striking ``of the coast of the United States'' and
inserting ``from the baselines of the United States (determined
in accordance with international law)'';
(3) by striking ``and, in the case'' and inserting the
following: ``; and
``(2) in the case''; and
(4) by striking ``the waters within four leagues of the
coast of the United States.'' and inserting the following:
``the waters within--
``(A) the territorial sea of the United States, to
the limits permitted by international law in accordance
with Presidential Proclamation 5928 of December 27,
1988; and
``(B) the contiguous zone of the United States, to
the limits permitted by international law in accordance
with Presidential Proclamation 7219 of September 2,
1999.''.
(c) Effective Date.--The amendments made by this section shall take
effect on the day after the date of the enactment of this Act.
<all>
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118S710
|
Striking and Locked Out Workers Healthcare Protection Act
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],
[
"D000563",
"Sen. Durbin, Richard J. [D-IL]",
"cosponsor"
]
] |
<html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 710 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 710
To prohibit an employer from terminating the coverage of an employee
under a group health plan while the employer is engaged in a lock-out
or while the employee is engaged in a lawful strike, and for other
purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
March 8, 2023
Mr. Brown (for himself, Mr. Casey, Mr. Sanders, Ms. Baldwin, Mr.
Blumenthal, Mr. Fetterman, Mr. Markey, Mr. Padilla, Ms. Smith, Mr. Van
Hollen, Ms. Warren, Mr. Whitehouse, and Mr. Durbin) introduced the
following bill; which was read twice and referred to the Committee on
Health, Education, Labor, and Pensions
_______________________________________________________________________
A BILL
To prohibit an employer from terminating the coverage of an employee
under a group health plan while the employer is engaged in a lock-out
or while the employee is engaged in a lawful strike, and for other
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 ``Striking and Locked Out Workers
Healthcare Protection Act''.
SEC. 2. CONTINUATION OF COVERAGE UNDER A GROUP HEALTH PLAN DURING A
LOCK-OUT OR A LAWFUL STRIKE.
(a) Lock-Out.--Section 8(a) of the National Labor Relations Act (29
U.S.C. 158(a)) is amended--
(1) in paragraph (5), by striking the period and inserting
a semicolon; and
(2) by adding at the end the following:
``(6) to terminate or alter the coverage of an employee
under a group health plan during the period that such employer
is taking action to lock-out, suspend, or otherwise withhold
employment from the employee in order to influence the position
of such employee or the representative of such employee in
collective bargaining prior to a strike; and''.
(b) Strike.--Section 8(a) of such Act (29 U.S.C. 158(a)), as so
amended, is further amended by adding at the end the following:
``(7) to terminate or alter the coverage of an employee
under a group health plan during the period that such employee
is engaged in a lawful strike.''.
(c) Definition of Group Health Plan.--Section 2 of the National
Labor Relations Act (29 U.S.C. 152) is amended by adding at the end the
following:
``(15) The term `group health plan' has the meaning given the term
under section 607(1) of the Employee Retirement Income Security Act of
1974 (29 U.S.C. 1167(1)).''.
SEC. 3. PENALTIES.
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 the Board.--Any person'';
and
(2) by adding at the end the following:
``(b) Civil Penalties for Unfair Labor Practices Related to
Coverage Under a Group Health Plan During a Lock-Out.--Any employer who
commits an unfair labor practice within the meaning of section 8(a)(6)
shall be subject to a civil penalty in an amount not to exceed $75,000
for each violation, except that, with respect to such an unfair labor
practice that coincides with the discharge of an employee or that
results in other serious economic harm to an employee, the Board shall
double the amount of such penalty, to an amount not to exceed $150,000,
in any case where the employer has within the preceding 5 years
committed another violation of section 8(a)(6). A civil penalty under
this subsection shall be in addition to any other remedy ordered by the
Board.
``(c) Civil Penalties for Unfair Labor Practices Related to
Coverage Under a Group Health Plan During a Lawful Strike.--Any
employer who commits an unfair labor practice within the meaning of
section 8(a)(7) shall be subject to a civil penalty in an amount not to
exceed $50,000 for each violation, except that, with respect to such an
unfair labor practice that coincides with the discharge of an employee
or that results in 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 violation of section 8(a)(7). A
civil penalty under this subsection shall be in addition to any other
remedy ordered by the Board.
``(d) 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 subsection (b) or (c) may also be assessed
against any director or officer of the employer who directed or
committed the violation, or had actual or constructive knowledge of and
the authority to prevent the violation and failed to prevent the
violation.
``(e) Considerations.--In determining the amount of any civil
penalty under subsection (b), (c), or (d), the Board shall consider--
``(1) the gravity of the actions of the employer resulting
in the penalty, including the impact of such actions on the
charging party or on other persons seeking to exercise rights
guaranteed by this Act;
``(2) the size of the employer;
``(3) the history of previous unfair labor practices or
other actions by the employer resulting in a penalty; and
``(4) the public interest.''.
<all>
</pre></body></html>
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118S711
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Working Dog Commemorative Coin Act
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] |
<p><strong>Working Dog Commemorative Coin Act</strong></p> <p>This bill directs the Department of the Treasury to mint and issue 50,000 $5 gold coins, 500,000 $1 silver coins, and 750,000 half-dollar clad coins in commemoration of the service that working dogs provide to society.</p> <p>The designs of the coins minted under this bill shall be emblematic of the contributions of working dogs to society, including in detection, military service, therapy, and assistance.</p> <p>Treasury may issue coins only during the one-year period beginning on January 1, 2025.</p> <p>All sales of coins shall include a surcharge, which shall be paid to America's VetDogs for general expenses associated with the fulfillment of its mission. </p>
|
<html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 711 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 711
To require the Secretary of the Treasury to mint coins in commemoration
of the invaluable service that working dogs provide to society.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
March 8, 2023
Mr. Budd (for himself, Mr. Kelly, Mr. Tillis, and Ms. Duckworth)
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 mint coins in commemoration
of the invaluable service that working dogs provide to society.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Working Dog Commemorative Coin
Act''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) Dogs going back thousands of years have been tied to
humans whether for protection, companionship, or assisting in
daily activities.
(2) The United States had an unofficial canine military
presence assisting soldiers in the Civil War and World War I,
but military K-9s did not become officially recognized until
March 13, 1942. During the height of the wars in Afghanistan
and Iraq, the United States military employed approximately
2,500 K-9s.
(3) Military K-9s have seen service in every major United
States combat since World War I and have been praised by
military leadership as an indispensable asset for military,
police, government, and private security teams around the
world.
(4) In 2000, section 2583 of title 10, United States Code
(commonly known as ``Robby's Law''), was enacted, which allowed
for the adoption of military K-9s by law enforcement agencies,
former handlers, and other care groups.
(5) Since 2000, military K-9s have left service and gone
onto work explosive detection for police forces and work as
service dogs for veterans and families.
(6) Beyond their military working capacity, working dogs
provide enhanced mobility assistance and renewed independence
for the injured and disabled. Service dogs are able to support
veterans struggling after war, hear for those who are deaf, see
for those who are blind, and even sense changes in a person's
body before a seizure. Working dogs play a vital role in
improving the lives of many.
(7) The service dog programs of America's VetDogs were
created to provide enhanced mobility and renewed independence
to United States veterans, active-duty service members, and
first responders with disabilities.
(8) America's VetDogs provides--
(A) guide dogs for individuals who are blind or
have low vision;
(B) hearing dogs for those who have lost their
hearing later in life by alerting to alarms, door
bells, sirens, and more;
(C) service dogs for those with other physical
disabilities that are specially trained to provide
balance, retrieve dropped items, open and close doors,
turn on and off lights, carry a backpack, and more;
(D) facility dogs that are specially trained to
spend time working with wounded veterans recovering at
military hospitals and veterans medical centers;
(E) dogs that work with physical and occupational
therapists as they treat soldiers and become an
essential part of the healing process; and
(F) posttraumatic stress disorder service dogs that
are trained to help mitigate the symptoms of
posttraumatic stress disorder by providing the
emotional and physical support a veteran may need.
SEC. 3. COIN SPECIFICATIONS.
(a) Denominations.--In commemoration of the invaluable service that
working dogs provide to society, the Secretary of the Treasury
(hereafter referred to in this Act as the ``Secretary'') shall mint and
issue the following coins:
(1) $5 gold coins.--Not more than 50,000 $5 coins, which
shall--
(A) weigh 8.359 grams;
(B) have a diameter of 0.850 inches; and
(C) contain 90 percent gold.
(2) $1 silver coins.--Not more than 500,000 $1 coins, which
shall--
(A) weigh 26.73 grams;
(B) have a diameter of 1.500 inches; and
(C) contain not less than 90 percent silver.
(3) Half-dollar clad coins.--Not more than 750,000 half-
dollar coins which shall--
(A) weigh 11.34 grams;
(B) have a diameter of 1.205 inches; and
(C) be minted to the specifications for half-dollar
coins contained in section 5112(b) of title 31, United
States Code.
(b) Legal Tender.--The coins minted under this Act shall be legal
tender, as provided in section 5103 of title 31, United States Code.
(c) Numismatic Items.--For purposes of sections 5134 and 5136 of
title 31, United States Code, all coins minted under this Act shall be
considered to be numismatic items.
SEC. 4. DESIGNS OF COINS.
(a) Design Requirements.--
(1) In general.--The designs of the coins minted under this
Act shall be emblematic of the vast contributions that working
dogs serve in society to include the range of services that the
dogs provide in detection, military service, therapy, and
assistance.
(2) Designations and inscriptions.--On each coin minted
under this Act, there shall be--
(A) a designation of the value of the coin;
(B) an inscription of the year ``2025''; and
(C) inscriptions of the words ``Liberty'', ``In God
We Trust'', ``United States of America'', and ``E
Pluribus Unum''.
(b) Selection.--The designs for the coins minted under this Act
shall be--
(1) selected by the Secretary, after consultation with
America's VetDogs and the Commission of Fine Arts; and
(2) reviewed by the Citizens Coinage Advisory Committee.
SEC. 5. ISSUANCE OF COINS.
(a) Quality of Coins.--Coins minted under this Act shall be issued
in uncirculated and proof qualities.
(b) Mint Facility.--Only 1 facility of the United States Mint may
be used to strike any particular quality of the coins minted under this
Act.
(c) Period for Issuance.--The Secretary may issue coins minted
under this Act only during the 1-year period beginning on January 1,
2025.
SEC. 6. SALE OF COINS.
(a) Sale Price.--The coins issued under this Act shall be sold by
the Secretary at a price equal to the sum of--
(1) the face value of the coins;
(2) the surcharge provided in section 7(a) with respect to
such coins; and
(3) the cost of designing and issuing the coins (including
labor, materials, dies, use of machinery, overhead expenses,
marketing, and shipping).
(b) Bulk Sales.--The Secretary shall make bulk sales of the coins
issued under this Act at a reasonable discount.
(c) Prepaid Orders.--
(1) In general.--The Secretary shall accept prepaid orders
for the coins minted under this Act before the issuance of such
coins.
(2) Discount.--Sale prices with respect to prepaid orders
under paragraph (1) shall be at a reasonable discount.
SEC. 7. SURCHARGES.
(a) In General.--All sales of coins issued under this Act shall
include a surcharge of--
(1) $35 per coin for the $5 coins;
(2) $10 per coin for the $1 coins; and
(3) $5 per coin for the half-dollar coins.
(b) Distribution.--Subject to section 5134(f) of title 31, United
States Code, all surcharges received by the Secretary from the sale of
coins issued under this Act shall be promptly paid by the Secretary to
America's VetDogs for general expenses associated with the fulfillment
of the mission of America's VetDogs, including for costs associated
with--
(1) personnel related to training, dog care, and consumer
needs;
(2) consultants to facilitate the training of America's
VetDogs certified service dog instructors; and
(3) travel, room, and board for clients served by America's
VetDogs.
(c) Audits.--America's VetDogs shall be subject to the audit
requirements of section 5134(f)(2) of title 31, United States Code,
with regard to the amounts received under subsection (b).
(d) Limitation.--Notwithstanding subsection (a), no surcharge may
be included with respect to the issuance under this Act of any coin
during a calendar year if, as of the time of such issuance, the
issuance of such coin would result in the number of commemorative coin
programs issued during such year to exceed the annual 2 commemorative
coin program issuance limitation under section 5112(m)(1) of title 31,
United States Code (as in effect on the date of the enactment of this
Act). The Secretary may issue guidance to carry out this subsection.
SEC. 8. FINANCIAL ASSURANCES.
The Secretary shall take such actions as may be necessary to
ensure that--
(1) minting and issuing coins under this Act will not
result in any net cost to the United States Government; and
(2) no funds, including applicable surcharges, are
disbursed to any recipient designated in section 7 until the
total cost of designing and issuing all of the coins authorized
by this Act (including labor, materials, dies, use of
machinery, overhead expenses, marketing, and shipping) is
recovered by the United States Treasury, consistent with
sections 5112(m) and 5134(f) of title 31, United States Code.
<all>
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118S712
|
Connected MOM Act
|
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"Sen. Rosen, Jacky [D-NV]",
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] |
<p><b>Connected Maternal Online Monitoring Act or the Connected MOM Act</b></p> <p>This bill requires the Centers for Medicare & Medicaid Services to report, and provide resources for states, on coverage of remote physiologic devices and related services (e.g., blood glucose monitors) under Medicaid, so as to improve maternal and child health outcomes for pregnant and postpartum women.</p>
|
<html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 712 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 712
To identify and address barriers to coverage of remote physiologic
devices under State Medicaid programs to improve maternal and child
health outcomes for pregnant and postpartum women.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
March 8, 2023
Mr. Cassidy (for himself, Ms. Hassan, Mr. Young, Mr. Carper, Mr. Thune,
and Ms. Rosen) introduced the following bill; which was read twice and
referred to the Committee on Finance
_______________________________________________________________________
A BILL
To identify and address barriers to coverage of remote physiologic
devices under State Medicaid programs to improve maternal and child
health outcomes for pregnant and postpartum women.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Connected Maternal Online Monitoring
Act'' or the ``Connected MOM Act''.
SEC. 2. COVERAGE OF REMOTE PHYSIOLOGIC MONITORING DEVICES AND IMPACT ON
MATERNAL AND CHILD HEALTH OUTCOMES UNDER MEDICAID.
(a) Report to Congress.--Not later than 18 months after the date of
enactment of this Act, the Secretary of Health and Human Services shall
submit to Congress a report containing information on authorities and
State practices for covering remote physiological monitoring devices,
including limitations and barriers to such coverage and the impact on
maternal health outcomes, and to the extent appropriate,
recommendations on how to address such limitations or barriers related
to coverage of remote physiologic devices under State Medicaid
programs, including, but not limited to, pulse oximeters, blood
pressure cuffs, scales, and blood glucose monitors, with the goal of
improving maternal and child health outcomes for pregnant and
postpartum women enrolled in State Medicaid programs.
(b) State Resources.--Not later than 6 months after the submission
of the report required by subsection (a), the Secretary shall update
resources for State Medicaid programs, such as State Medicaid
telehealth toolkits, to be consistent with the recommendations provided
in such report.
<all>
</pre></body></html>
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118S713
|
No Early Release for Carjackers Act of 2023
|
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"sponsor"
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<html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 713 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 713
To amend section 3624 of title 18, United States Code, to require
carjackers to serve their prison sentences.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
March 8, 2023
Mr. Cotton introduced the following bill; which was read twice and
referred to the Committee on the Judiciary
_______________________________________________________________________
A BILL
To amend section 3624 of title 18, United States Code, to require
carjackers to serve their prison sentences.
Be it enacted by the Senate 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 Early Release for Carjackers Act
of 2023''.
SEC. 2. EARLY RELEASE EXCEPTIONS.
Section 3624(b)(1) of title 18, United States Code, is amended--
(1) by striking ``year'' and inserting ``year,''; and
(2) by adding at the end the following:
``(5) A prisoner may not receive credit toward service of
the prisoner's sentence for a crime under section 2119,
relating to taking a motor vehicle (commonly referred to as
`carjacking').''.
SEC. 3. APPLICABILITY.
This Act and the amendments made by this Act shall apply with
respect to each prisoner in the custody of the Bureau of Prisons on or
after the date of enactment of this Act.
<all>
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118S714
|
Dollar-for-Dollar Deficit Reduction Act
|
[
[
"B001261",
"Sen. Barrasso, John [R-WY]",
"sponsor"
]
] |
<html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 714 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 714
To require that any debt limit increase or suspension be balanced by
equal spending cuts over the next decade.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
March 8, 2023
Mr. Barrasso introduced the following bill; which was read twice and
referred to the Committee on the Budget
_______________________________________________________________________
A BILL
To require that any debt limit increase or suspension be balanced by
equal spending cuts over the next decade.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Dollar-for-Dollar Deficit Reduction
Act''.
SEC. 2. AMENDMENT TO TITLE 31.
(a) In General.--Subchapter I of chapter 31 of title 31, United
States Code, is amended by inserting after section 3101A the following:
``Sec. 3101B. Debt limit control
``(a) Declaration of a Debt Limit Warning.--
``(1) In general.--In the event of a near breach of the
public debt limit established by section 3101, the Secretary of
the Treasury shall issue a debt limit warning to the Committee
on Finance of the Senate and the Committee on Ways and Means of
the House of Representatives that shall include a determination
as to when extraordinary measures may be necessary in order to
prolong the funding of the United States Government.
``(2) Definitions.--In this subsection:
``(A) Extraordinary measures.--The term
`extraordinary measures' means measures that may be
taken by the Secretary of the Treasury in the event of
a breach of the debt limit by the United States to
prolong the function of the United States Government in
the absence of a debt limit increase.
``(B) Near breach.--The term `near breach' means
the point at which the Secretary of the Treasury
determines that the United States Government will reach
the statutorily prescribed debt limit within 60
calendar days notwithstanding the implementation of
extraordinary measures.
``(b) Presidential Submission of Debt Limit Legislation.--
``(1) Savings recommendations from the president.--Any
formal Presidential request to increase the debt limit under
this section shall include the amount of the proposed debt
limit increase and be accompanied by proposed legislation to
reduce spending over the sum of the current and following 10
years by an amount equal to or greater than the amount of the
requested debt limit increase. Net interest savings may not be
counted towards spending reductions required by this paragraph.
``(2) Calculation.--The spending savings under paragraph
(1) shall be calculated against a budget baseline consistent
with section 257 of the Balanced Budget and Emergency Deficit
Control Act of 1985 (2 U.S.C. 907). This baseline shall exclude
the extrapolation of any spending that had been enacted under
an emergency designation.''.
(b) Subchapter Analysis.--The table of sections for chapter 31 of
title 31, United States Code, is amended by inserting after the item
for section 3101A the following:
``3101B. Debt limit control.''.
SEC. 3. CONGRESSIONAL REQUIREMENT TO RESTRAIN SPENDING WHILE RAISING OR
SUSPENDING THE DEBT LIMIT.
(a) In General.--Title III of the Congressional Budget Impoundment
Control Act of 1974 (2 U.S.C. 631 et seq.) is amended by adding at the
end the following:
``SEC. 316. DEBT LIMIT INCREASE POINT OF ORDER.
``(a) In General.--
``(1) Point of order.--Except as provided in subsection
(b), it shall not be in order in the Senate or the House of
Representatives to consider any bill, joint resolution,
amendment, motion, or conference report that increases the
statutory debt limit unless the bill contains net spending
reductions of an equal or greater amount over the period of the
current and next 10 fiscal years. Net interest savings may not
be counted towards spending reductions required by this
paragraph.
``(2) Components of net spending reduction.--
``(A) Calculation.--The savings resulting from the
proposed spending reductions under paragraph (1) shall
be calculated by the Congressional Budget Office
against a budget baseline consistent with section 257
of the Balanced Budget and Emergency Deficit Control
Act of 1985. This baseline shall exclude the
extrapolation of any spending that had been enacted
under an emergency designation.
``(B) Availability.--The Senate and the House of
Representatives may not vote on any bill, joint
resolution, amendment, motion, or conference report
that increases the public debt limit unless the cost
estimate of that measure prepared by the Congressional
Budget Office has been publicly available on the
website of the Congressional Budget Office for at least
24 hours.
``(C) Prohibit timing shifts.--Any provision that
shifts outlays or revenues from within the 10-year
window to outside the window shall not count towards
the budget savings target for purposes of this
subsection.
``(b) Senate Supermajority Waiver and Appeal.--
``(1) Waiver.--In the Senate, subsection (a)(1) may be
waived or suspended only by an affirmative vote of three-fifths
of the Members, duly chosen and sworn.
``(2) Appeal.--An affirmative vote of three-fifths 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)(1).
``SEC. 317. DEBT LIMIT SUSPENSION POINT OF ORDER.
``(a) In General.--
``(1) Point of order.--Except as provided in subsection
(b), it shall not be in order in the Senate or the House of
Representatives to consider any bill, joint resolution,
amendment, motion, or conference report that suspends the
statutory debt limit unless the bill contains net spending
reductions over the period of the current and next 10 fiscal
years in an amount that is equal to or greater than the
projected debt amount for the period of the suspension of the
statutory debt limit as determined by the Congressional Budget
Office in accordance with paragraph (3). Net interest savings
may not be counted towards spending reductions required by this
paragraph.
``(2) Components of net spending reduction.--
``(A) Calculation.--The savings resulting from the
proposed spending reductions under paragraph (1) shall
be calculated by the Congressional Budget Office
against a budget baseline consistent with section 257
of the Balanced Budget and Emergency Deficit Control
Act of 1985. This baseline shall exclude the
extrapolation of any spending that had been enacted
under an emergency designation.
``(B) Availability.--The Senate and the House of
Representatives may not vote on any bill, joint
resolution, amendment, motion, or conference report
that increases the public debt limit unless the cost
estimate of that measure prepared by the Congressional
Budget Office has been publicly available on the
website of the Congressional Budget Office for at least
24 hours.
``(C) Prohibit timing shifts.--Any provision that
shifts outlays or revenues from within the 10-year
window to outside the window shall not count towards
the budget savings target for purposes of this
subsection.
``(3) Calculation of projected debt amount.--For purposes
of paragraph (1), the Congressional Budget Office shall
determine the amount of projected debt for the period for which
the bill, joint resolution, amendment, motion, or conference
report suspends the statutory debt limit by calculating the
difference between--
``(A) the amount the statutory debt is projected to
be on the date on which the suspension of the statutory
debt limit is to end, as determined by the debt
projection of the Congressional Budget Office, and
``(B) the amount of statutory debt as of the date
on which the suspension of the statutory debt limit is
to begin.
``(b) Senate Supermajority Waiver and Appeal.--
``(1) Waiver.--In the Senate, subsection (a)(1) may be
waived or suspended only by an affirmative vote of three-fifths
of the Members, duly chosen and sworn.
``(2) Appeal.--An affirmative vote of three-fifths 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)(1).''.
(b) Conforming Amendment.--The table of contents set forth in
section 1(b) of the Congressional Budget and Impoundment Control Act of
1974 is amended by inserting after section 315 the following:
``Sec. 316. Debt limit increase point of order.
``Sec. 317. Debt limit suspension point of order.''.
<all>
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118S715
|
Reduce Exacerbated Inflation Negatively Impacting the Nation Act
|
[
[
"B001310",
"Sen. Braun, Mike [R-IN]",
"sponsor"
],
[
"S001217",
"Sen. Scott, Rick [R-FL]",
"cosponsor"
]
] |
<p><strong>Reduce Exacerbated Inflation Negatively Impacting the Nation Act </strong></p> <p>This bill requires the Office of Management and Budget and the Council of Economic Advisers to provide an inflation estimate for each executive order that is projected to cause an annual gross budgetary or economic effect of at least $1 million. </p> <p>The estimate must determine whether the executive order will have </p> <ul> <li>no significant impact on inflation,</li> <li>a quantifiable inflationary impact on the Consumer Price Index or the Producer Price Index, or</li> <li>a significant impact on inflation that cannot be quantified at the time the estimate is prepared.</li> </ul> <p>The estimate must also (1) incorporate the inflationary impact of the debt servicing costs associated with the executive order; and (2) take into account the spending patterns of military personnel and of residents of non-metropolitan areas, including rural areas and farm households.</p> <p>The requirements do not apply to executive orders that (1) provide for emergency assistance or relief at the request of any state or local government or an official of the government, or (2) are necessary for national security or the ratification or implementation of international treaty obligations.</p>
|
<html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 715 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 715
To require the Executive Office of the President to provide an
inflation estimate with respect to Executive orders with a significant
effect on the annual gross budget, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
March 8, 2023
Mr. Braun (for himself and Mr. Scott of Florida) introduced the
following bill; which was read twice and referred to the Committee on
Homeland Security and Governmental Affairs
_______________________________________________________________________
A BILL
To require the Executive Office of the President to provide an
inflation estimate with respect to Executive orders with a significant
effect on the annual gross 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.
This Act may be cited as the ``Reduce Exacerbated Inflation
Negatively Impacting the Nation Act''.
SEC. 2. EXECUTIVE ORDER MANDATED INFLATION ACCOUNTABILITY AND REFORM.
(a) Mandatory Inflation Forecasting.--
(1) In general.--For any major Executive order, the
President, acting through the Director of the Office of
Management and Budget and the Chair of the Council of Economic
Advisers, shall prepare and consider a statement estimating the
inflationary effects of the Executive order, including whether
the Executive order is determined to have no significant impact
on inflation, is determined to have quantifiable inflationary
impact on the consumer or producer price index (including a
detailed description of such impact), or is determined likely
to have a significant impact on inflation but the amount cannot
be determined at the time the estimate is prepared. Any
statement prepared under this paragraph shall incorporate the
inflationary impact of the debt servicing costs associated with
the applicable major Executive order. To the greatest extent
practicable, any estimate of the inflationary impact of any
major Executive order under this paragraph shall take into
account the spending patterns of military personnel and of
residents of non-metropolitan areas, including rural areas and
farm households.
(2) CPI impact disaggregated.--If an Executive order is
determined to have a quantifiable inflationary impact on the
consumer price index under paragraph (1), the statement
required by such paragraph shall include the amount of such
impact on the consumer price index in total and disaggregated
by the Food, Energy, and All Items Less Food and Energy
categories of the consumer price index (as such categories are
determined by the Secretary of Labor in consultation with the
Commissioner of the Bureau of Labor Statistics).
(b) Agency Assistance.--The head of each agency shall provide to
the President, acting through the Director and the Chair, such
information and assistance as the President, acting through the
Director and the Chair, may reasonably request to assist the President,
acting through the Director and the Chair, in carrying out this
section.
(c) Reporting.--Not later than 180 days after the date of the
enactment of this Act, and every year thereafter, the President, acting
through the Director and the Chair, shall publish on the public website
of the Office of Management and Budget and submit to the Committee on
the Budget and the Committee on Homeland Security and Governmental
Affairs of the Senate and the Committee on the Budget and the Committee
on Oversight and Accountability of the House of Representatives a
report containing each statement prepared and considered under
subsection (a) during the year.
(d) Rule of Construction.--Nothing in this section shall be
construed to suggest that the task of combating inflation and bringing
down the cost of living is the sole responsibility of the Executive
Office of the President, and not also a key pursuit of the Senate
during the 118th Congress through thoughtful, productive legislative
action.
(e) Definitions.--In this section:
(1) Agency.--The term ``agency'' has the meaning given such
term in section 551 of title 5, United States Code.
(2) Major executive order.--The term ``major Executive
order'' means any Executive order that would be projected (in a
conventional cost estimate) to cause an annual gross budgetary
or economic effect of at least $1,000,000, but does not include
any such measure that--
(A) provides for emergency assistance or relief at
the request of any State or local government or any
official of a State or local government; or
(B) is necessary for the national security or the
ratification or implementation of international treaty
obligations.
(3) State.--The term ``State'' means each State of the
United States, the District of Columbia, each commonwealth,
territory, or possession of the United States, and each
federally recognized Indian Tribe.
<all>
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118S716
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Solving the Border Crisis Act
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<html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 716 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 716
To extend title 42 expulsion authority, to resume border wall system
construction, to preserve the exclusive authority of immigration judges
over asylum claims, and to codify the Migrant Protection Protocols.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
March 8, 2023
Mr. Risch (for himself, Mr. Crapo, Mr. Hagerty, Mr. Budd, Mr. Tillis,
and Mr. Boozman) introduced the following bill; which was read twice
and referred to the Committee on Homeland Security and Governmental
Affairs
_______________________________________________________________________
A BILL
To extend title 42 expulsion authority, to resume border wall system
construction, to preserve the exclusive authority of immigration judges
over asylum claims, and to codify the Migrant Protection Protocols.
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 ``Solving the Border
Crisis Act''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Findings.
Sec. 3. Sense of Congress.
Sec. 4. Definitions.
Sec. 5. Termination of suspension of entries and imports from
designated places related to the COVID-19
pandemic.
Sec. 6. Resumption of border wall system construction.
Sec. 7. Congressional resolution of disapproval regarding termination
of the exclusive authority of immigration
judges over asylum claims.
Sec. 8. Treatment of aliens arriving from contiguous territory.
Sec. 9. Minimum staffing levels.
Sec. 10. Mandatory detention funding.
Sec. 11. Report requirement.
SEC. 2. FINDINGS.
Congress finds the following:
(1) The current situation at the southern border presents a
border security and humanitarian crisis that threatens core
national security interests and constitutes a national
emergency.
(2) The southern border is a major entry point for
criminals, gang members, and illicit narcotics.
(3) Recent years have seen sharp increases in the number of
family units entering and seeking entry to the United States.
(4) If not detained, such aliens are often released into
the country and are often difficult to remove from the United
States because they fail to appear for hearings, do not comply
with orders of removal, or are otherwise difficult to locate.
SEC. 3. SENSE OF CONGRESS.
It is the sense of Congress that the President should use the
authorities granted under sections 201 and 301 of the National
Emergencies Act (50 U.S.C. 1621 and 1631) to declare that a national
emergency exists at the southern border of the United States.
SEC. 4. 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;
(B) the Committee on the Judiciary of the Senate;
(C) the Committee on Appropriations of the Senate;
(D) the Committee on Homeland Security of the House
of Representatives;
(E) the Committee on the Judiciary of the House of
Representatives; and
(F) the Committee on Appropriations of the House of
Representatives.
(2) Tactical infrastructure.--The term ``tactical
infrastructure'' includes boat ramps, access gates,
checkpoints, lighting, and roads associated with a border wall
system.
(3) Technology.--The term ``technology'' includes border
surveillance and detection technology, including linear ground
detection systems, cameras, underground detection sensors, and
autonomous sensor towers, associated with a border wall system.
SEC. 5. TERMINATION OF SUSPENSION OF ENTRIES AND IMPORTS FROM
DESIGNATED PLACES RELATED TO THE COVID-19 PANDEMIC.
(a) In General.--An order of suspension issued under section 362 of
the Public Health Service Act (42 U.S.C. 265) as a result of the public
health emergency relating to the Coronavirus Disease 2019 (COVID-19)
pandemic declared by the Secretary of Health and Human Services on
January 31, 2020 under section 319 of such Act (42 U.S.C. 247d), and
any continuation of such declaration, shall be lifted not earlier than
120 days after the date on which the Surgeon General provides written
notification to the appropriate committees of Congress that such public
health emergency declaration and all such continuations have been
terminated.
(b) Procedures During 60-Day Termination Window.--
(1) Plan.--Not later than 30 days after the date on which a
written notification is provided pursuant to subsection (a)
with respect to an order of suspension, the Secretary of
Homeland Security, in consultation with the Surgeon General and
the head of any other Federal agency, State, Tribal, or local
government, or nongovernmental organization that has a role in
managing outcomes associated with such suspension (as
determined by the Secretary or his or her designee), shall
develop and submit a plan to the appropriate committees of
Congress that addresses any possible influx of entries or
imports (as described in such order of suspension) related to
the termination of such order.
(2) Failure to submit.--If the plan required under
paragraph (1) is not submitted to the appropriate committees of
Congress before the end of the 30-day period described in such
paragraph--
(A) the Secretary of Homeland Security shall
submit, not later than 7 days after the expiration of
such 30-day period, written notification to the
appropriate committees of Congress of the status of
preparing such plan and the date on by such plan will
be submitted in accordance with paragraph (1); and
(B) the termination of the order of suspension
described in subsection (a) shall be delayed until the
date that is 30 days after the date on which such plan
is submitted to the appropriate committees of Congress.
SEC. 6. RESUMPTION OF BORDER WALL SYSTEM CONSTRUCTION.
(a) Border Wall System Construction.--
(1) In general.--
(A) Immediately resume border wall system
construction.--Not later than 24 hours after the date
of the enactment of this Act, the Secretary of Homeland
Security shall resume all activities related to the
construction of the border wall system along the
international border between the United States and
Mexico that were underway or being planned for before
January 20, 2021.
(B) No cancellations.--The Secretary of Homeland
Security may not cancel any contract for activities
related to border wall system construction described in
paragraph (1) that was entered into on or before
January 20, 2021.
(C) Use of funds.--The Secretary of Homeland
Security shall expend all funds appropriated or
explicitly obligated for border wall system
construction described in paragraph (1) that were
appropriated or obligated, as the case may be, on or
after October 1, 2016.
(D) Implementation plan.--Not later than 30 days
after the date of enactment of this Act, the Secretary
of Homeland Security shall submit an implementation
plan to the appropriate congressional committees for
the completion, by not later than September 30, 2024,
of the border wall system construction described in
paragraph (1) and funded in accordance with
subparagraph (C).
(2) Plan to complete tactical infrastructure and technology
elements of border wall system.--Not later than 90 days after
the date of the enactment of this Act, the Secretary of
Homeland Security shall submit an implementation plan to the
appropriate congressional committees that includes quarterly
benchmarks and cost estimates for satisfying all of the
requirements of the border wall system construction described
in paragraph (1)(A), including tactical infrastructure,
technology, and other elements identified by the Department of
Homeland Security before January 20, 2021, through the
expenditure of funds appropriated or explicitly obligated, as
the case may be, for use beginning on October 1, 2016, and any
additional funds appropriated by Congress for such purpose.
(3) Uphold negotiated agreements.--The Secretary of
Homeland Security shall ensure that all agreements relating to
current and future border wall system construction that were
executed in writing between the Department of Homeland Security
and private citizens, State, Tribal, and local governments, and
other stakeholders are honored by the Department in accordance
with the terms of such agreements.
(b) DNA Collection Consistent With Federal Law.--Not later than 14
days after the date of the enactment of this Act, the Secretary of
Homeland Security shall ensure and certify to the Committee on Homeland
Security and Governmental Affairs of the Senate and the Committee on
Homeland Security of the House of Representatives that U.S. Customs and
Border Protection is fully compliant with the DNA Fingerprint Act of
2005 (title X of Public Law 109-162) at all border facilities that
process adults (including as part of a family unit) in the custody of
U.S. Customs and Border Protection.
SEC. 7. CONGRESSIONAL RESOLUTION OF DISAPPROVAL REGARDING TERMINATION
OF THE EXCLUSIVE AUTHORITY OF IMMIGRATION JUDGES OVER
ASYLUM CLAIMS.
Congress disapproves the interim final rule submitted by the
Executive Office for Immigration Review and U.S. Citizenship and
Immigration Services, relating to ``Procedures for Credible Fear
Screening and Consideration of Asylum, Withholding of Removal, and CAT
Protection Claims by Asylum Officers'' (87 Fed. Reg. 18078) and such
rule shall have no force or effect.
SEC. 8. TREATMENT OF ALIENS ARRIVING FROM CONTIGUOUS TERRITORY.
Section 235(b)(2)(C) of the Immigration and Nationality Act (8
U.S.C. 1225(b)(2)(C)) is amended by striking ``may return'' and all
that follows and inserting the following: ``shall--''
``(i) return the alien to such territory,
or to a safe third country (as described in
section 208), pending a proceeding under
section 240; or
``(ii) detain the alien for further
consideration of an application for asylum,
which shall include a determination of credible
fear of persecution.''.
SEC. 9. MINIMUM STAFFING LEVELS.
(a) Office of Enforcement and Removal Operations.--The Secretary of
Homeland Security shall ensure that there are always not fewer than
10,000 full-time equivalent employees in the Office of Enforcement and
Removal Operations of U.S. Immigration and Customs Enforcement.
(b) U.S. Border Patrol.--The Secretary of Homeland Security shall
ensure that the authorized personnel level for United States Border
Patrol agents is not fewer than 25,000 agents, excluding Border Patrol
Reserve Agents and Border Patrol Processing Coordinators.
(c) Office of Field Operations.--The Secretary of Homeland Security
shall ensure that the authorized personnel level for U.S. Customs and
Border Protection officers in the Office of Field Operations is not
fewer than 25,000 officers, excluding Agriculture Specialists.
SEC. 10. MANDATORY DETENTION FUNDING.
Section 386(a) of the Illegal Immigration Reform and Immigrant
Responsibility Act of 1996 (8 U.S.C. 1368(a)) is amended to read as
follows:
``(a) Increase in Detention Facilities.--
``(1) In general.--The Secretary of Homeland Security shall
ensure that sufficient detention facilities are available for
U.S. Immigration and Customs Enforcement to comply with the
mandatory detention requirements under section 235 of the
Immigration and Nationality Act (8 U.S.C. 1225).
``(2) Funding.--In addition to any amounts otherwise
appropriated for such purpose, the Secretary of Homeland
Security may use any mandatory fees collected by the Department
of Homeland Security for expenses incurred by the Secretary to
inspect, detain, transport, and provide medical care and any
other needed goods or services to aliens who have been detained
pursuant to section 235 of the Immigration and Nationality Act
(8 U.S.C. 1225).''.
SEC. 11. REPORT REQUIREMENT.
Not later than 60 days after the date of the enactment of this Act,
the Secretary of Homeland Security shall submit a report to the
appropriate congressional committees that outlines how the Department
of Homeland Security is attempting to mitigate border encounters.
<all>
</pre></body></html>
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|
118S717
|
Clear and Concise Content Act of 2023
|
[
[
"P000595",
"Sen. Peters, Gary C. [D-MI]",
"sponsor"
],
[
"L000575",
"Sen. Lankford, James [R-OK]",
"cosponsor"
]
] |
<html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 717 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 717
To improve plain writing and public experience, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
March 8, 2023
Mr. Peters (for himself and Mr. Lankford) introduced the following
bill; which was read twice and referred to the Committee on Homeland
Security and Governmental Affairs
_______________________________________________________________________
A BILL
To improve plain writing and public experience, and for other 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 ``Clear and Concise Content Act of
2023''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Agency.--The term ``agency'' means an executive agency
and a military department, as such terms are defined in
sections 105 and 102 of title 5, United States Code,
respectively.
(2) Covered content.--The term ``covered content''--
(A) means any content that--
(i) is necessary for obtaining any benefit
or service from the Federal Government or for
filing taxes; or
(ii) provides information about--
(I) any benefit or service from the
Federal Government;
(II) any operations, policies, or
guidance of an agency that are of
material importance to the agency and
are posted publicly by the agency,
including any explanation of how to
comply with a requirement the Federal
Government administers or enforces;
(III) how to interact with or
provide feedback to an agency regarding
the operations, policies, or guidance
of the agency; or
(IV) how to navigate or interact
with any agency website, digital
service, or office;
(B) includes--
(i) (whether in paper or electronic form) a
letter, publication, form, notice, guidance,
policy, instruction, or official correspondence
of an agency;
(ii) all content necessary for public
understanding, interaction, and use of an
agency digital service or website; and
(iii) instructions on how to submit
comments, feedback, or information in response
to a regulation during any portion of the
rulemaking or implementation process for a
regulation; and
(C) subject to subparagraph (B)(iii), does not
include a regulation.
(3) Director.--The term ``Director'' means the Director of
the Office of Management and Budget.
(4) Open government data asset.--The term ``open Government
data asset'' has the meaning given that term in section 3502 of
title 44, United States Code.
(5) Plain writing.--The term ``plain writing'' means
writing that is clear, concise, well-organized, and follows
other best practices appropriate to the subject or field and
intended audience, including an audience who may be disabled,
may not be proficient in English, or may otherwise be
disadvantaged or traditionally underserved.
SEC. 3. RESPONSIBILITIES OF THE DIRECTOR.
(a) In General.--Not later than 180 days after the date of
enactment of this Act, the Director shall rescind outdated guidance and
issue new guidance for the creation, maintenance, and use of covered
content at agencies.
(b) Requirements.--The guidance required under subsection (a)
shall--
(1) establish procedures under which an agency shall review
any content in use on the date of enactment of this Act to
determine if it is covered content;
(2) establish policies for an agency to ensure that any
content of the agency that is covered content, including any
content created or updated after the date of enactment of this
Act that is determined to be covered content, is drafted in
plain writing;
(3) establish qualitative and quantitative metrics by which
an agency shall be measured for compliance with the
requirements to identify covered content, draft covered content
in plain writing, and solicit and incorporate public feedback
and data to improve public engagement and interaction with the
agency;
(4) prescribe processes by which agencies shall submit
agency reports required by the Director, in an appropriate
manner and form, to support the governmentwide reports required
under subsection (c); and
(5) require an agency to solicit public feedback, collect
data, and routinely test the creation or modification of
covered content of the agency.
(c) Reports.--
(1) In general.--Not later than 1 year after the date of
enactment of this Act, and not less frequently than every 2
years thereafter, the Director shall submit to the Committee on
Homeland Security and Governmental Affairs of the Senate and
the Committee on Oversight and Accountability of the House of
Representatives a report on implementation of this Act by
agencies, including--
(A) the progress of agencies towards achieving the
metrics established under subsection (b)(3);
(B) information regarding Government-wide trends or
activities related to the implementation of this Act
with respect to covered content across 1 or more
agencies; and
(C) any other information or data determined by the
Director to inform Congress and the public regarding
plain writing in covered content by agencies.
(2) Public website.--The Director shall--
(A) make the reports submitted under paragraph (1)
available on a public website determined by the
Director; and
(B) maintain the reports as open Government data
assets.
(3) Federal government and agency performance plans.--
(A) Federal government.--The Director shall ensure
that the information regarding the Federal Government
performance plan and agency performance plans required
to be made available under subsection (a) or (b) of
section 1115 of title 31, United States Code, is
treated as covered content and published (whether in
paper or electronic form) using plain writing.
(B) Agency performance plans.--Section 1115(b) of
title 31, United States Code, is amended--
(i) in paragraph (9)(C), by striking
``and'' at the end;
(ii) in paragraph (10), by striking the
period at the end and inserting ``; and''; and
(iii) by adding at the end the following:
``(11) incorporate the metrics established under section
3(b)(3) of the Clear and Concise Content Act of 2023.''.
SEC. 4. AGENCY RESPONSIBILITIES.
(a) In General.--The head of each agency shall ensure compliance
with this Act, including through the designation of a senior officer at
the agency (not lower than an Assistant Secretary or equivalent) to
oversee implementation by the agency, including all bureaus, offices,
or other subordinate components of the agency.
(b) Requirement To Use Plain Language in Covered Content.--Except
as provided in the amendments made by section 5(1), on and after the
date that is 1 year after the date of enactment of this Act, each
agency shall use plain writing in all covered content made available by
the agency, consistent with the guidance issued by the Director under
section 3(a).
(c) Requirement for Feedback From Customers.--The head of each
agency shall ensure that there are opportunities and mechanisms in
place (whether in paper or electronic form) that incorporate plain
writing instructions for feedback from individuals or entities
obtaining services from or engaging in transactions with the agency.
(d) Public Feedback.--The head of each agency shall maintain an
accessible form, survey tool, or other portion of a website of the
agency to solicit feedback from the public on compliance with this Act
by the agency and to collect the feedback and data required under
section 3(b)(5).
SEC. 5. AMENDMENTS TO THE 21ST CENTURY IDEA ACT.
Section 3 of the 21st Century Integrated Digital Experience Act (44
U.S.C. 3501 note) is amended--
(1) in subsection (a)--
(A) in the matter preceding paragraph (1), by
striking ``Not later'' and inserting ``Except as
provided in paragraph (9), not later'';
(B) in paragraph (7), by striking ``and'' at the
end;
(C) in paragraph (8), by striking the period at the
end and inserting ``; and''; and
(D) by adding at the end the following:
``(9) is drafted using plain writing (as defined in section
2 of the Clear and Concise Content Act of 2023), as is required
under section 4 of such Act for covered content (as defined in
section 2 of such Act), by not later than 180 days after the
date of enactment of such Act.''; and
(2) in subsection (b)--
(A) in the matter preceding paragraph (1), by
striking ``Not later'' and inserting ``Except as
provided in paragraph (2), not later''; and
(B) by striking paragraph (2) and inserting the
following:
``(2) by not later than 1 year after the date of enactment
of the Clear and Concise Content Act of 2023, comply with the
requirements under subsection (a).''.
SEC. 6. LIMITATION ON JUDICIAL ENFORCEABILITY.
(a) Judicial Review.--No court shall have jurisdiction over any
claim related to any act or omission arising out of any provision of
this Act.
(b) Enforceability.--No provision of this Act shall be construed to
create any right or benefit, substantive or procedural, enforceable by
any administrative or judicial action.
SEC. 7. REPEAL.
Effective on the date that is 1 year after the date of enactment of
this Act, the Plain Writing Act of 2010 (5 U.S.C. 301 note) is
repealed.
<all>
</pre></body></html>
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118S718
|
A bill to establish the Federal Rainy Day Fund to control emergency spending.
|
[
[
"B001310",
"Sen. Braun, Mike [R-IN]",
"sponsor"
]
] |
<html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 718 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 718
To establish the Federal Rainy Day Fund to control emergency spending.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
March 8, 2023
Mr. Braun introduced the following bill; which was read twice and
referred to the Committee on the Budget
_______________________________________________________________________
A BILL
To establish the Federal Rainy Day Fund to control emergency spending.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. LIMITATIONS ON EMERGENCY SPENDING.
(a) Definitions.--In this section--
(1) the term ``discretionary spending limit'' has the
meaning given that term in section 250(c) of the Balanced
Budget and Emergency Deficit Control Act of 1985 (2 U.S.C.
900(c));
(2) the term ``emergency'' means any occasion or instance
for which Federal assistance is needed to supplement State and
local efforts and capabilities to save lives and to protect
property and public health and safety, or to lessen or avert
the threat of a catastrophe in any part of the United States;
(3) the term ``Fund'' means the Federal Rainy Day Fund
established under subsection (c)(1); and
(4) the term ``previous year's nonemergency discretionary
spending'' means the amount of the discretionary spending limit
for all categories for the most recent previous fiscal year for
which there was a discretionary spending limit, excluding any
adjustment for the fiscal year for amounts designated as being
for an emergency requirement under section 251(b)(2)(A)(i) of
the Balanced Budget and Emergency Deficit Control Act of 1985
(2 U.S.C. 901(b)(2)(A)(i)), as in effect on the day before the
date of enactment of this Act.
(b) Sense of the Senate.--It is the sense of the Senate that saving
for a rainy day should be accompanied by offsets in other programs so
that the Federal Government does not live beyond its means.
(c) Federal Rainy Day Fund.--
(1) Establishment.--There is established in the Treasury an
account to be known as the ``Federal Rainy Day Fund''.
(2) Funding.--For fiscal year 2024 and each fiscal year
thereafter, there is authorized to be appropriated to the Fund
an amount equal to 2 percent of the amount of previous year's
nonemergency discretionary spending.
(3) Availability.--Amounts in the Fund shall remain
available until expended, in accordance with subsection (d).
(d) Use of Federal Rainy Day Fund.--
(1) Prohibition on using federal rainy day fund for
nonemergencies.--
(A) Point of order against use for
nonemergencies.--
(i) 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 appropriates funds from the Federal
Rainy Day Fund for any program, project, or
activity that is not an emergency.
(ii) Point of order sustained.--If a point
of order is made by a Senator against a
provision described in clause (i), 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 subparagraph (A)(i) 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 subparagraph (A)(i), 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 subparagraph), no further amendment
shall be in order.
(D) No waiver or suspension.--In the Senate, it
shall not be in order to move to waive or suspend
subparagraph (A).
(2) Use of federal rainy day fund first.--
(A) Point of order against regular appropriations
for emergencies.--
(i) 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 appropriates funds from the General
Fund of the Treasury for an emergency, unless
there are no unobligated funds in the Federal
Rainy Day Fund.
(ii) Point of order sustained.--If a point
of order is made by a Senator against a
provision described in clause (i), 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 subparagraph (A)(i) 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 subparagraph (A)(i), 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 subparagraph), no further amendment
shall be in order.
(D) No waiver or suspension.--In the Senate, it
shall not be in order to move to waive or suspend
subparagraph (A).
(3) Point of order against emergency spending.--Section 314
of the Congressional Budget Act of 1974 (2 U.S.C. 645) is
amended--
(A) in subsection (d)--
(i) in paragraph (1), by striking
``contains a provision providing new budget
authority and outlays or reducing revenue, and
a designation of such provision as an emergency
requirement pursuant to 251(b)(2)(A) of the
Balanced Budget and Emergency Deficit Control
Act of 1985'' and inserting ``contains an
appropriation from the Federal Rainy Day Fund
for an emergency (as defined in section __ of
the ___ Act)''; and
(ii) in paragraph (2)(A), by striking ``a
designation'' and inserting ``an
appropriation''; and
(B) in subsection (e)--
(i) in the subsection heading, by striking
``Designation'' and inserting
``Appropriation'';
(ii) in paragraph (1), by striking ``an
emergency designation in that measure, that
provision making such a designation'' and
inserting ``a provision containing an
appropriation from the Federal Rainy Day Fund
for an emergency (as defined in section __ of
the ___ Act, that provision'';
(iii) in paragraph (2), by striking
``three-fifths'' each place it appears and
inserting ``two-thirds'';
(iv) by striking paragraph (3); and
(v) by redesignating paragraphs (4) and (5)
as paragraphs (3) and (4), respectively.
(e) Increased Threshold for Allocation Points of Order.--
Notwithstanding section 904 of the Congressional Budget Act of 1974 (2
U.S.C. 621 note), in the Senate--
(1) section 302(f) of the Congressional Budget Act of 1974
(2 U.S.C. 633(f)) may only be waived or suspended upon the
affirmative vote of two-thirds of the Members, duly chosen and
sworn; and
(2) an appeal of the ruling of the Chair on a point of
order raised under section 302(f) of the Congressional Budget
Act of 1974 (2 U.S.C. 633(f)) shall only be sustained upon the
affirmative vote of two-thirds of the Members, duly chosen and
sworn.
(f) GAO Study.--The Comptroller General of the United States shall
submit to Congress a report assessing the relationship between
emergency, disaster, and wildfire spending, which shall include
recommendations, if any, to modify the spending that qualifies as
emergency spending.
(g) Repeal of Adjustment for Emergency Spending.--Section
251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act
of 1985 (2 U.S.C. 901(b)(2)(A)) is amended--
(1) in the subparagraph heading, by striking ``Emergency
appropriations; overseas'' and inserting ``Overseas'';
(2) by striking ``that--'' and all that follows through
``(ii) the Congress'' and inserting ``that the Congress'';
(3) by striking ``designates,'' and all that follows
through ``the adjustment'' and inserting ``designates, the
adjustment''; and
(4) by striking ``designated as emergency requirements or
for'' and inserting ``designated for''.
(h) Effective Date.--This section and the amendments made by this
section shall--
(1) take effect on the date of enactment of this Act; and
(2) apply with respect to fiscal year 2024 and each fiscal
year thereafter.
<all>
</pre></body></html>
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[
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|
118S719
|
Precision Agriculture Loan Act of 2023
|
[
[
"F000463",
"Sen. Fischer, Deb [R-NE]",
"sponsor"
],
[
"K000367",
"Sen. Klobuchar, Amy [D-MN]",
"cosponsor"
]
] |
<p><strong>Precision Agriculture Loan Act of 202</strong><b>3</b></p> <p>This bill establishes a loan program within the Farm Service Agency to assist agricultural producers in purchasing precision agriculture technology, such as geospatial mapping, data management and analytics software, and network connectivity products and solutions. </p> <p><em>Precision agriculture</em> refers to managing, tracking, or reducing crop or livestock production inputs, including seed, feed, fertilizer, chemicals, water, and time, at a heightened level of spatial and temporal granularity to improve efficiencies, reduce waste, and maintain environmental quality.</p>
|
<html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 719 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 719
To amend the Food, Conservation, and Energy Act of 2008 to establish a
precision agriculture loan program, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
March 8, 2023
Mrs. Fischer (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 establish a
precision agriculture 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. SHORT TITLE.
This Act may be cited as the ``Precision Agriculture Loan Act of
2023''.
SEC. 2. PRECISION AGRICULTURE LOAN PROGRAM.
Subtitle F of title I of the Food, Conservation, and Energy Act of
2008 is amended by inserting after section 1614 (7 U.S.C. 8789) the
following:
``SEC. 1614A. PRECISION AGRICULTURE LOAN PROGRAM.
``(a) Sense of Congress.--It is the sense of Congress that--
``(1) producers depend on a healthy environment to
effectively produce the food and fiber needed for all
communities;
``(2) precision agriculture technologies can--
``(A) provide producers with better insight into
the health of the environment of the producer; and
``(B) allow producers to make more informed
decisions that improve efficiencies, reduce waste, and
improve environmental quality in a manner that benefits
both nature and the financial well-being of the
producer;
``(3) the adoption of precision agriculture technologies
has already demonstrated that farmers and ranchers can produce
crops in a manner that uses less water, reduces soil erosion,
and mitigates greenhouse gas emissions while increasing carbon
sequestration, water quality, and yields; and
``(4) the Department of Agriculture should seek to address
hurdles to producers seeking to adopt precision agriculture
technologies that allows for broader adoption of these
technologies that provide benefits for both producers and the
environment.
``(b) Definitions.--In this section:
``(1) Precision agriculture.--The term `precision
agriculture' means managing, tracking, or reducing crop or
livestock production inputs, including seed, feed, fertilizer,
chemicals, water, and time, at a heightened level of spatial
and temporal granularity to improve efficiencies, reduce waste,
and maintain or improve environmental quality.
``(2) Precision agriculture technology.--The term
`precision agriculture technology' means any technology
(including equipment that is necessary for the deployment of
that technology) that directly contributes to a reduction in,
or improved efficiency of, inputs used in crop or livestock
production, including--
``(A) Global Positioning System-based or geospatial
mapping;
``(B) satellite or aerial imagery;
``(C) yield monitors;
``(D) soil mapping;
``(E) sensors for gathering data on crop, soil, or
livestock conditions;
``(F) Internet of Things and telematics
technologies;
``(G) data management software and advanced
analytics;
``(H) network connectivity products and solutions;
``(I) Global Positioning System guidance or auto-
steer systems;
``(J) variable rate technology for applying inputs,
such as section control; and
``(K) any other technology, as determined by the
Secretary, that leads to a reduction in, or improves
efficiency of, crop and livestock production inputs,
which may include seed, feed, fertilizer, chemicals,
water, and time.
``(c) Program.--As soon as practicable after the date of enactment
of this section, the Secretary shall establish a precision agriculture
loan program to encourage the adoption of precision agriculture by
providing funds to producers engaged in livestock or crop production
for the purchase of precision agriculture technology.
``(d) Administration.--The precision agriculture loan program under
this section shall be administered by the Secretary, acting through the
Deputy Administrator for Farm Programs of the Farm Service Agency.
``(e) Eligible Producers.--A precision agriculture loan under this
section shall be made available to any producer described in subsection
(c) that, as determined by the Secretary--
``(1) has a satisfactory credit history;
``(2) will use the loan funds to purchase precision
agriculture technology; and
``(3) demonstrates an ability to repay the loan.
``(f) Term of Loans.--A precision agriculture loan under this
section shall have a maximum term of 12 years.
``(g) Loan Amount.--The maximum aggregate loan amount of a
precision agriculture loan under this section shall be $500,000.
``(h) Loan Security.--Approval of a precision agriculture loan
under this section shall require the borrower to provide loan security
to the Secretary, in the form of--
``(1) a lien on the precision agriculture technology being
purchased; or
``(2) such other security as is acceptable to the
Secretary.
``(i) Reporting.--
``(1) Definition of recipient producer.--In this
subsection, the term `recipient producer' means an eligible
producer described in subsection (e) that received a precision
agriculture loan under this section during the fiscal year
covered by the applicable report prepared under paragraph (2).
``(2) Preparation of report.--For each fiscal year, the
Secretary shall prepare a report that includes--
``(A) aggregate data based on a review of each
outstanding loan made by the Secretary under this
section; and
``(B) a description of--
``(i) for the United States and for each
State and county (or equivalent jurisdiction)
in the United States--
``(I) the age of each recipient
producer;
``(II) the duration during which
each recipient producer has engaged in
agricultural production;
``(III) the size of the farm or
ranch of each recipient producer;
``(IV) the total amount provided as
loans under this section for each
category of equipment or technology
described in subparagraphs (A) through
(K) of subsection (b)(2) during the
fiscal year covered by the report;
``(V) the estimated input reduced
or environmental benefits received per
category of equipment or technology
described in those subparagraphs with
respect to which a loan was provided
under this section during the fiscal
year covered by the report or any prior
fiscal year, including the estimated
input reduced or environmental benefits
received per category--
``(aa) during the fiscal
year covered by the report with
respect to--
``(AA) loans
provided under this
section during that
fiscal year; and
``(BB) loans
provided under this
section during that
fiscal year or any
prior fiscal year; and
``(bb) in the aggregate
with respect to all loans
provided under this section
during or prior to the fiscal
year covered by the report;
``(VI) the race, ethnicity, and
gender of each recipient producer;
``(VII) the 1 or more agricultural
commodities or types of enterprise for
which each loan provided under this
section during the fiscal year was
provided;
``(VIII) the amount of each loan
provided under this section during the
fiscal year; and
``(IX) the default rate of the
loans made under this section during--
``(aa) the fiscal year
covered by the report;
``(bb) each preceding
fiscal year; and
``(cc) in the aggregate
with respect to all loans
provided under this section
during or prior to the fiscal
year covered by the report; and
``(ii) for each State and county (or
equivalent jurisdiction) in the United States,
the number of outstanding loans made under this
section, according to the loan size cohort.
``(3) Submission of report.--The Secretary shall--
``(A) not later than 1 year after the date of
enactment of this Act, and annually thereafter, submit
the report described in paragraph (2) to--
``(i) the Committee on Agriculture,
Nutrition, and Forestry of the Senate;
``(ii) the Committee on Appropriations of
the Senate;
``(iii) the Committee on Agriculture of the
House of Representatives; and
``(iv) the Committee on Appropriations of
the House of Representatives; and
``(B) not later than 90 days after the date on
which the report is submitted under subparagraph (A),
make the report publicly available.
``(j) Authorization of Appropriations.--There are authorized to be
appropriated to the Secretary such sums as are necessary to carry out
this section.''.
<all>
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