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118S90
|
Informing Consumers about Smart Devices Act
|
[
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"C001098",
"Sen. Cruz, Ted [R-TX]",
"sponsor"
],
[
"C000127",
"Sen. Cantwell, Maria [D-WA]",
"cosponsor"
],
[
"W000790",
"Sen. Warnock, Raphael G. [D-GA]",
"cosponsor"
]
] |
<p><strong>Informing Consumers about Smart Devices Act</strong></p> <p>This bill requires manufacturers of internet-connected devices (e.g., smart appliances) that are equipped with a camera or microphone to disclose to consumers prior to purchase that a camera or microphone is part of the device.</p> <p>The bill does not apply to mobile phones, laptops, or other devices that a consumer would reasonably expect to include a camera or microphone.</p>
|
<html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 90 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 90
To require the disclosure of a camera or recording capability in
certain internet-connected devices.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
January 25, 2023
Mr. Cruz (for himself and Ms. Cantwell) introduced the following bill;
which was read twice and referred to the Committee on Commerce,
Science, and Transportation
_______________________________________________________________________
A BILL
To require the disclosure of a camera or recording capability in
certain internet-connected devices.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Informing Consumers about Smart
Devices Act''.
SEC. 2. REQUIRED DISCLOSURE OF A CAMERA OR RECORDING CAPABILITY IN
CERTAIN INTERNET-CONNECTED DEVICES.
Each manufacturer of a covered device shall disclose, clearly and
conspicuously and prior to purchase, whether the covered device
manufactured by the manufacturer contains a camera or microphone as a
component of the covered device.
SEC. 3. ENFORCEMENT BY THE FEDERAL TRADE COMMISSION.
(a) Unfair or Deceptive Acts or Practices.--A violation of section
2 shall be treated as a violation of a rule defining an unfair or
deceptive act or practice prescribed under section 18(a)(1)(B) of the
Federal Trade Commission Act (15 U.S.C. 57a(a)(1)(B)).
(b) Actions by the Commission.--
(1) In general.--The Federal Trade Commission (in this Act
referred to as the ``Commission'') shall enforce 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.
(2) Penalties and privileges.--Any person 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.).
(3) Savings clause.--Nothing in this Act shall be construed
to limit the authority of the Commission under any other
provision of law.
(c) Commission Guidance.--Not later than 180 days after the date of
enactment of this Act, the Commission, through outreach to relevant
private entities, shall issue guidance to assist manufacturers in
complying with the requirements of this Act, including guidance about
best practices for making the disclosure required by section 2 as clear
and conspicuous as practicable.
(d) Tailored Guidance.--A manufacturer of a covered device may
petition the Commission for tailored guidance as to how to meet the
requirements of section 2 consistent with existing rules of practice or
any successor rules.
(e) Limitation on Commission Guidance.--No guidance issued by the
Commission with respect to this Act shall confer any rights on any
person, State, or locality, nor shall operate to bind the Commission or
any person to the approach recommended in such guidance. In any
enforcement action brought pursuant to this Act, the Commission shall
allege a specific violation of a provision of this Act. The Commission
may not base an enforcement action on, or execute a consent order based
on, practices that are alleged to be inconsistent with any such
guidelines, unless the practices allegedly violate section 2.
SEC. 4. DEFINITION OF COVERED DEVICE.
As used in this Act, the term ``covered device''--
(1) means a consumer product, as defined by section 3(a) of
the Consumer Product Safety Act (15 U.S.C. 2052(a)) that is
capable of connecting to the internet, a component of which is
a camera or microphone; and
(2) does not include--
(A) a telephone (including a mobile phone), a
laptop, tablet, or any device that a consumer would
reasonably expect to have a microphone or camera;
(B) any device that is specifically marketed as a
camera, telecommunications device, or microphone; or
(C) any device or apparatus described in sections
255, 716, and 718, and subsections (aa) and (bb) of
section 303 of the Communications Act of 1934 (47
U.S.C. 255; 617; 619; and 303(aa) and (bb)), and any
regulations promulgated thereunder.
SEC. 5. EFFECTIVE DATE.
This Act shall apply to all covered devices manufactured after the
date that is 180 days after the date on which guidance is issued by the
Commission under section 3(c), and shall not apply to covered devices
manufactured or sold before such date, or otherwise introduced into
interstate commerce before such date.
<all>
</pre></body></html>
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118S900
|
Conservation and Innovative Climate Partnership Act of 2023
|
[
[
"Y000064",
"Sen. Young, Todd [R-IN]",
"sponsor"
],
[
"S001203",
"Sen. Smith, Tina [D-MN]",
"cosponsor"
],
[
"B001310",
"Sen. Braun, Mike [R-IN]",
"cosponsor"
],
[
"S001194",
"Sen. Schatz, Brian [D-HI]",
"cosponsor"
]
] |
<html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 900 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 900
To amend the Food, Agriculture, Conservation, and Trade Act of 1990 to
establish a competitive grant program under which the Secretary of
Agriculture provides grants to land-grant colleges and universities to
support agricultural producers in adopting conservation and innovative
climate practices, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
March 21, 2023
Mr. Young (for himself, Ms. Smith, Mr. Braun, and Mr. Schatz)
introduced the following bill; which was read twice and referred to the
Committee on Agriculture, Nutrition, and Forestry
_______________________________________________________________________
A BILL
To amend the Food, Agriculture, Conservation, and Trade Act of 1990 to
establish a competitive grant program under which the Secretary of
Agriculture provides grants to land-grant colleges and universities to
support agricultural producers in adopting conservation and innovative
climate practices, and for other 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 ``Conservation and Innovative Climate
Partnership Act of 2023''.
SEC. 2. FINDINGS.
Congress finds that--
(1) farmers and producers engage in innovative climate and
conservation practices that may include a wide variety of
activities, such as--
(A) carbon retention or carbon sequestration
cropping practices;
(B) resource conserving crop rotation;
(C) alley cropping;
(D) integrated livestock-crop systems;
(E) advanced grazing management;
(F) improved forestry or agroforestry management;
and
(G) the insertion of buffers or saturated buffers;
(2) the purpose of implementing innovative climate and
conservation practices on farm or ranch land is to increase
sustainability through--
(A) improved soil health and tilth;
(B) improved water quality, quantity, and
management;
(C) improved nutrient management;
(D) reduction in tillage; or
(E) wildlife promotion and management; and
(3) the benefits of engaging in innovative climate and
conservation practices include--
(A) a reduction of greenhouse gases emissions,
including carbon dioxide, methane, sulfur dioxide, and
nitrous oxide;
(B) carbon sequestration;
(C) soil health improvement; and
(D) reduced exposure to climate-related risk.
SEC. 3. CONSERVATION AND INNOVATIVE CLIMATE PARTNERSHIP COMPETITIVE
GRANT PROGRAM.
(a) In General.--Subtitle H of title XVI of the Food, Agriculture,
Conservation, and Trade Act of 1990 is amended by inserting after
section 1672 (7 U.S.C. 5925) the following:
``SEC. 1672A. CONSERVATION AND INNOVATIVE CLIMATE PARTNERSHIP
COMPETITIVE GRANT PROGRAM.
``(a) Definitions.--In this section:
``(1) 1862 institution; 1890 institution.--The terms `1862
Institution' and `1890 Institution' have the meanings given
those terms in section 2 of the Agricultural Research,
Extension, and Education Reform Act of 1998 (7 U.S.C. 7601).
``(2) 1994 institution.--The term `1994 Institution' has
the meaning given the term in section 532 of the Equity in
Educational Land-Grant Status Act of 1994 (7 U.S.C. 301 note;
Public Law 103-382).
``(3) Eligible institution.--The term `eligible
institution' means--
``(A) an 1862 Institution;
``(B) an 1890 Institution; and
``(C) a 1994 Institution.
``(4) Practice.--The term `practice' has the meaning given
the term in section 1240A of the Food Security Act of 1985 (16
U.S.C. 3839aa-1).
``(5) Program.--The term `program' means the competitive
grant program established under subsection (b).
``(6) Secretary.--The term `Secretary' means the Secretary
of Agriculture.
``(b) Establishment.--The Secretary shall establish a program to
provide competitive grants pursuant to section 3(d) of the Smith-Lever
Act (7 U.S.C. 343(d)) to eligible institutions to carry out projects to
increase the voluntary adoption of practices through public awareness
campaigns, workshops, and specialized technical assistance.
``(c) Applications.--To be eligible to receive a grant under the
program, an eligible institution shall submit to the Secretary an
application, including a demonstration that the applicant will--
``(1) increase interaction with local agricultural
producers by a rate of not less than 25 percent above the
outreach rate before the implementation of the project under
the program, as determined by the Secretary;
``(2) assist agricultural producers in implementing new
practices on farms or edges of fields, improving existing
practices on farms or edges of fields, or any combination
thereof; and
``(3) assist agricultural producers in implementing a
combination of practices that contribute to--
``(A) the overall improvement of conservation; or
``(B) a decrease in, or sequestration of,
greenhouse gas emissions.
``(d) Partnerships.--An eligible institution shall carry out a
project using a grant under the program in partnership with not fewer
than 1 other entity, which may include--
``(1) a nonprofit organization;
``(2) a State entity;
``(3) the Natural Resources Conservation Service;
``(4) an 1862 Institution;
``(5) an 1890 Institution;
``(6) a 1994 Institution; or
``(7) any combination thereof.
``(e) Maximum Amount.--The amount of a grant under the program
shall be not more than $400,000.
``(f) Use of Funds.--An eligible institution may use a grant under
the program--
``(1) to support agricultural producers in implementing a
practice;
``(2) subject to subsection (g), for additional staffing at
the eligible institution to assist in carrying out a project
using the grant;
``(3) to conduct workshops for agricultural producers, and
develop and distribute digital and hard-copy materials directly
to agricultural producers, that provide clear directions for
accessing technical assistance for adopting practices; and
``(4) for soil testing and the measuring of other
indicators of the effectiveness of practices.
``(g) Limitation on Administrative Expenses.--An eligible
institution may use not more than 30 percent of the amount of a grant
under the program for administrative expenses.
``(h) Duration.--A grant provided under the program shall be for
such period as the Secretary determines to be appropriate, but not less
than 4 years.
``(i) Authorization of Appropriations.--There is authorized to be
appropriated to provide grants under the program pursuant to section
3(d) of the Smith-Lever Act (7 U.S.C. 343(d)) $13,000,000 for each
fiscal year.''.
(b) Eligibility of 1994 Institutions.--Section 3(d) of the Smith-
Lever Act (7 U.S.C. 343(d)) is amended, in the third sentence--
(1) by striking ``program and'' and inserting ``program,'';
and
(2) by inserting ``, and the conservation and innovative
climate partnership competitive grant program established under
section 1672A of the Food, Agriculture, Conservation, and Trade
Act of 1990'' before the period at the end.
<all>
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118S901
|
SAFE Act of 2023
|
[
[
"B001310",
"Sen. Braun, Mike [R-IN]",
"sponsor"
],
[
"S001203",
"Sen. Smith, Tina [D-MN]",
"cosponsor"
],
[
"C001088",
"Sen. Coons, Christopher A. [D-DE]",
"cosponsor"
],
[
"W000437",
"Sen. Wicker, Roger F. [R-MS]",
"cosponsor"
]
] |
<html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 901 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 901
To amend the Animal Health Protection Act to improve the prevention of
the spread of animal diseases, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
March 21, 2023
Mr. Braun (for himself, Ms. Smith, Mr. Coons, and Mr. Wicker)
introduced the following bill; which was read twice and referred to the
Committee on Agriculture, Nutrition, and Forestry
_______________________________________________________________________
A BILL
To amend the Animal Health Protection Act to improve the prevention of
the spread of animal diseases, and for other 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 American Food Exports Act of
2023'' or the ``SAFE Act of 2023''.
SEC. 2. ENGAGEMENT WITH KEY EXPORT MARKETS.
(a) In General.--Section 10405 of the Animal Health Protection Act
(7 U.S.C. 8304) is amended--
(1) by redesignating subsection (d) as subsection (e); and
(2) by inserting after subsection (c) the following:
``(d) Engagement With Key Export Markets.--
``(1) In general.--The Secretary, acting through the
Administrator of the Animal and Plant Health Inspection Service
and the Under Secretary of Agriculture for Trade and Foreign
Agricultural Affairs, in coordination with the Administrator of
the Food Safety and Inspection Service, may preemptively
negotiate, to the extent practicable, regionalization
agreements regarding outbreaks of known animal disease threats
with the governments of countries with key export markets for
any animal, article, or associated means of conveyance from the
United States.
``(2) Research.--A negotiation carried out under paragraph
(1) is encouraged to take into account accepted global research
advances.''.
(b) Rule of Construction.--Nothing in this section--
(1) limits the ability of the Secretary of Agriculture to
negotiate trade agreements; or
(2) requires the Secretary of Agriculture to condition
other trade agreements on the inclusion of language relating to
regionalization as described in subsection (d)(1) of section
10405 of the Animal Health Protection Act (7 U.S.C. 3804).
SEC. 3. EXPORT LIBRARY ADMINISTRATION.
The Secretary of Agriculture shall promulgate a regulation to
require that, in the case of any language removed from the Import and
Export Library of the Food Safety and Inspection Service, the
Administrator of the Food Safety and Inspection Service shall directly
notify each State department of agriculture, each lead State agency for
animal disease, and any entity that petitioned for the inclusion of
that language of such removal not later than 3 days after such removal.
<all>
</pre></body></html>
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|
118S902
|
Supersonic and Hypersonic Aircraft Testing Corridor Act
|
[
[
"L000577",
"Sen. Lee, Mike [R-UT]",
"sponsor"
]
] |
<html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 902 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 902
To require the Administrator of the Federal Aviation Administration to
designate an overland supersonic and hypersonic testing corridor in the
United States to test military passenger and non-passenger aircraft,
and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
March 21, 2023
Mr. Lee introduced the following bill; which was read twice and
referred to the Committee on Commerce, Science, and Transportation
_______________________________________________________________________
A BILL
To require the Administrator of the Federal Aviation Administration to
designate an overland supersonic and hypersonic testing corridor in the
United States to test military passenger and non-passenger aircraft,
and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Supersonic and Hypersonic Aircraft
Testing Corridor Act''.
SEC. 2. DESIGNATION OF OVERLAND SUPERSONIC AND HYPERSONIC TESTING
CORRIDOR.
(a) Designation.--
(1) In general.--Notwithstanding section 91.817 of title
14, Code of Federal Regulations, not later than 180 days after
the date of enactment of this section, the Administrator of the
Federal Aviation Administration (in this section referred to as
the ``Administrator''), in consultation with the Secretary of
Defense, shall designate an overland supersonic and hypersonic
testing corridor in the United States that runs from Edwards
Air Force Base, California to the Utah Test and Training Range
and Dugway Proving Ground in Utah for the purposes described in
subsection (b).
(2) Requirements.--
(A) Military operation areas.--In designating the
corridor under paragraph (1), the Administrator shall--
(i) to the extent practicable, designate
the corridor within existing military operation
areas (in this section referred to as ``MOA'')
in the area described in such paragraph; or
(ii) if necessary, designate new MOA
airspace to complete the corridor and ensure
that the corridor is suitable for testing.
(B) Increased altitude.--The Administrator shall--
(i) set the vertical limits in the corridor
designated under paragraph (1) at FL 1000; and
(ii) increase, as necessary, the vertical
limit of any existing MOA in the corridor to FL
1000.
(b) Purposes of Designated Corridor.--The corridor designated under
subsection (a)(1) shall be used for the following purposes:
(1) To test supersonic and hypersonic military passenger
aircraft and military non-passenger aircraft.
(2) To test supersonic and hypersonic civil aircraft
subject to subsection (e).
(c) Testing Requirements.--Any supersonic or hypersonic aircraft
testing in the corridor designated under subsection (a)(1) shall meet
the following requirements:
(1) The testing shall only occur from sunrise to sunset.
(2) The testing shall not include any commercial passengers
or commercial cargo.
(d) Special Flight Authorization Requirements.--With respect to
special flight authorizations under section 91.818(c) of title 14, Code
of Federal Regulations, for civil aircraft testing as described in
subsection (b)(2), the Administrator shall do the following:
(1) Permit sonic boom overpressure.--In considering the
environmental findings to grant a special flight authorization,
the Administrator shall permit a measurable amount of sonic
boom overpressure outside of the corridor designated under
subsection (a)(1), as long as the available data is sufficient
for the Administrator to determine that the sonic boom
overpressure does not significantly affect the quality of the
human environment.
(2) Noise impact data.--
(A) In general.--Subject to subparagraph (B), in
considering the environmental findings to grant a
special flight authorization, the Administrator shall
not require any additional environmental impact
analysis regarding noise impact if--
(i) an applicant presents data generated
from FAA-approved software; and
(ii) such data reasonably demonstrates that
there is no additional noise impact due to the
applicant's testing of supersonic or hypersonic
civil aircraft.
(B) Exception.--The Administrator may require an
additional environmental impact analysis regarding
noise impact if the Administrator certifies that
extraordinary circumstances exist to justify such
additional analysis.
(3) Reuse of research and findings.--The Administrator
shall reuse any applicable research and findings from a prior
supersonic or hypersonic civil aircraft test and incorporate
such research and findings into any applicable analysis
necessary to grant a special flight authorization if the prior
supersonic or hypersonic civil aircraft test--
(A) was under similar conditions to the testing
proposed by the applicant for the special flight
authorization; and
(B) considered similar issues or decisions as the
testing proposed by the applicant for the special
flight authorization.
(e) Civil Testing.--The Secretary of Defense shall allow civil
aircraft testing as described in subsection (b)(2), unless--
(1) such testing would interfere with any military
operations or testing in the corridor; or
(2) the Administrator has not granted a special flight
authorization under section 91.818(c) of title 14, Code of
Federal Regulations, for such testing.
<all>
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118S903
|
Department of Defense Civilian Cybersecurity Reserve Act
|
[
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"R000608",
"Sen. Rosen, Jacky [D-NV]",
"sponsor"
],
[
"B001243",
"Sen. Blackburn, Marsha [R-TN]",
"cosponsor"
]
] |
<p><b>Department of Defense Civilian Cybersecurity Reserve Act</b></p> <p>This bill requires the Department of the Army to establish a Civilian Cybersecurity Reserve via a four-year pilot project to address malicious cyber activity and cyber workforce challenges.</p> <p>Under the pilot project, the Department of the Army may appoint up to 50 members to the Civilian Cybersecurity Reserve at any time. Such appointees must be considered to be federal civil service employees. Individuals who are employees of the executive branch may not be recruited or appointed to serve in the Civilian Cybersecurity Reserve.</p> <p>The Department of the Army must issue guidance establishing and implementing the pilot project.</p>
|
<html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 903 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 903
To require the Secretary of the Army to carry out a pilot project to
establish a Civilian Cybersecurity Reserve, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
March 21, 2023
Ms. Rosen (for herself and Mrs. Blackburn) introduced the following
bill; which was read twice and referred to the Committee on Armed
Services
_______________________________________________________________________
A BILL
To require the Secretary of the Army to carry out a pilot project to
establish a Civilian Cybersecurity Reserve, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Department of Defense Civilian
Cybersecurity Reserve Act''.
SEC. 2. CIVILIAN CYBERSECURITY RESERVE PILOT PROJECT.
(a) 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 Armed Services of the Senate;
(C) the Committee on Homeland Security of the House
of Representatives; and
(D) the Committee on Armed Services of the House of
Representatives.
(2) Competitive service.--The term ``competitive service''
has the meaning given the term in section 2102 of title 5,
United States Code.
(3) Excepted service.--The term ``excepted service'' has
the meaning given the term in section 2103 of title 5, United
States Code.
(4) Temporary position.--The term ``temporary position''
means a position in the competitive or excepted service for a
period of 180 days or less.
(b) Pilot Project.--
(1) In general.--The Secretary of the Army shall carry out
a pilot project to establish a Civilian Cybersecurity Reserve.
(2) Purpose.--The purpose of the Civilian Cybersecurity
Reserve is to enable the Army to provide manpower to the United
States Cyber Command to effectively--
(A) preempt, defeat, deter, or respond to malicious
cyber activity;
(B) conduct cyberspace operations;
(C) secure information and systems of the
Department of Defense against malicious cyber activity;
and
(D) assist in solving cyber workforce-related
challenges.
(3) Alternative methods.--Consistent with section 4703 of
title 5, United States Code, in carrying out the pilot project
required under paragraph (1), the Secretary may, without
further authorization from the Office of Personnel Management,
provide for alternative methods of--
(A) establishing qualifications requirements for,
recruitment of, and appointment to positions; and
(B) classifying positions.
(4) Appointments.--Under the pilot project required under
paragraph (1), in order to fulfill the purpose under paragraph
(2), the Secretary--
(A) may activate members of the Civilian
Cybersecurity Reserve by--
(i) noncompetitively appointing members of
the Civilian Cybersecurity Reserve to temporary
positions in the competitive service; or
(ii) appointing members of the Civilian
Cybersecurity Reserve to temporary positions in
the excepted service;
(B) shall notify Congress whenever a member is
activated under subparagraph (A); and
(C) may appoint not more than 50 members to the
Civilian Cybersecurity Reserve under subparagraph (A)
at any time.
(5) Status as employees.--An individual appointed under
paragraph (4) shall be considered a Federal civil service
employee under section 2105 of title 5, United States Code.
(6) Additional employees.--Individuals appointed under
paragraph (4) shall be in addition to any employees of the
United States Cyber Command who provide cybersecurity services.
(7) Employment protections.--The Secretary of Labor shall
prescribe such regulations as necessary to ensure the
reemployment, continuation of benefits, and non-discrimination
in reemployment of individuals appointed under paragraph (4),
provided that such regulations shall include, at a minimum,
those rights and obligations set forth under chapter 43 of
title 38, United States Code.
(8) Status in reserve.--During the period beginning on the
date on which an individual is recruited to serve in the
Civilian Cybersecurity Reserve and ending on the date on which
the individual is appointed under paragraph (4), and during any
period in between any such appointments, the individual shall
not be considered a Federal employee.
(c) Eligibility; Application and Selection.--
(1) In general.--Under the pilot project required under
subsection (b)(1), the Secretary of the Army shall establish
criteria for--
(A) individuals to be eligible for the Civilian
Cybersecurity Reserve; and
(B) the application and selection processes for the
Civilian Cybersecurity Reserve.
(2) Requirements for individuals.--The criteria established
under paragraph (1)(A) with respect to an individual shall
include--
(A) if the individual has previously served as a
member of the Civilian Cybersecurity Reserve, that the
previous appointment ended not less than 60 days before
the individual may be appointed for a subsequent
temporary position in the Civilian Cybersecurity
Reserve; and
(B) cybersecurity expertise.
(3) Prescreening.--The Secretary shall--
(A) conduct a prescreening of each individual prior
to appointment under subsection (b)(4) for any topic or
product that would create a conflict of interest; and
(B) require each individual appointed under
subsection (b)(4) to notify the Secretary if a
potential conflict of interest arises during the
appointment.
(4) Agreement required.--An individual may become a member
of the Civilian Cybersecurity Reserve only if the individual
enters into an agreement with the Secretary to become such a
member, which shall set forth the rights and obligations of the
individual and the Army.
(5) Exception for continuing military service
commitments.--A member of the Selected Reserve under section
10143 of title 10, United States Code, may not be a member of
the Civilian Cybersecurity Reserve.
(6) Prohibition.--Any individual who is an employee of the
executive branch may not be recruited or appointed to serve in
the Civilian Cybersecurity Reserve.
(d) Security Clearances.--
(1) In general.--The Secretary of the Army shall ensure
that all members of the Civilian Cybersecurity Reserve undergo
the appropriate personnel vetting and adjudication commensurate
with the duties of the position, including a determination of
eligibility for access to classified information where a
security clearance is necessary, according to applicable policy
and authorities.
(2) Cost of sponsoring clearances.--If a member of the
Civilian Cybersecurity Reserve requires a security clearance in
order to carry out the duties of the member, the Army shall be
responsible for the cost of sponsoring the security clearance
of the member.
(e) Implementation Plan.--
(1) In general.--Not later than 180 days after the date on
which the Secretary of Defense submits to the Committee on
Armed Services of the Senate and the Committee on Armed
Services of the House of Representatives the report required
under section 1540(d)(2) of the James M. Inhofe National
Defense Authorization Act for Fiscal Year 2023 (Public Law 117-
263) on the feasibility and advisability of creating and
maintaining a civilian cybersecurity reserve corps, the
Secretary of the Army shall--
(A) submit to the appropriate congressional
committees an implementation plan for the pilot project
required under subsection (b)(1); and
(B) provide to the appropriate congressional
committees a briefing on the implementation plan.
(2) Prohibition.--The Secretary of the Army may not take
any action to begin implementation of the pilot project
required under subsection (b)(1) until the Secretary fulfills
the requirements under paragraph (1).
(f) Project Guidance.--Not later than two years after the date of
the enactment of this Act, the Secretary of the Army shall, in
consultation with the Office of Personnel Management and the Office of
Government Ethics, issue guidance establishing and implementing the
pilot project required under subsection (b)(1).
(g) Briefings and Report.--
(1) Briefings.--Not later than one year after the date on
which the guidance required under subsection (f) is issued, and
every year thereafter until the date on which the pilot project
required under subsection (b)(1) terminates under subsection
(i), the Secretary of the Army shall provide to the appropriate
congressional committees a briefing on activities carried out
under the pilot project, including--
(A) participation in the Civilian Cybersecurity
Reserve, including the number of participants, the
diversity of participants, and any barriers to
recruitment or retention of members;
(B) an evaluation of the ethical requirements of
the pilot project;
(C) whether the Civilian Cybersecurity Reserve has
been effective in providing additional capacity to the
Army; and
(D) an evaluation of the eligibility requirements
for the pilot project.
(2) Report.--Not earlier than 180 days and not later than
90 days before the date on which the pilot project required
under subsection (b)(1) terminates under subsection (i), the
Secretary shall submit to the appropriate congressional
committees a report and provide a briefing on recommendations
relating to the pilot project, including recommendations for--
(A) whether the pilot project should be modified,
extended in duration, or established as a permanent
program, and if so, an appropriate scope for the
program;
(B) how to attract participants, ensure a diversity
of participants, and address any barriers to
recruitment or retention of members of the Civilian
Cybersecurity Reserve;
(C) the ethical requirements of the pilot project
and the effectiveness of mitigation efforts to address
any conflict of interest concerns; and
(D) an evaluation of the eligibility requirements
for the pilot project.
(h) Evaluation.--Not later than three years after the pilot project
required under subsection (b)(1) is established, the Comptroller
General of the United States shall--
(1) conduct a study evaluating the pilot project; and
(2) submit to Congress--
(A) a report on the results of the study; and
(B) a recommendation with respect to whether the
pilot project should be modified.
(i) Sunset.--The pilot project required under subsection (b)(1)
shall terminate on the date that is four years after the date on which
the pilot project is established.
(j) No Additional Funds.--
(1) In general.--No additional funds are authorized to be
appropriated for the purpose of carrying out this Act.
(2) Existing authorized amounts.--Funds to carry out this
Act may, as provided in advance in appropriations Acts, only
come from amounts authorized to be appropriated to the Army.
<all>
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118S904
|
Sickle Cell Disease Comprehensive Care Act
|
[
[
"B001288",
"Sen. Booker, Cory A. [D-NJ]",
"sponsor"
]
] |
<p><b>Sickle Cell Disease Comprehensive Care Act</b></p> <p>This bill establishes and provides funds for a demonstration project for state Medicaid programs to improve outpatient care for individuals with sickle cell disease, with a focus on young adults and pregnant women. </p> <p>The Centers for Medicare & Medicaid Services must award planning grants to at least 10 states and must select between 5 and 10 states to participate in the project. Participating states must provide specified services and support for individuals with sickle cell disease, including multidisciplinary care teams, appropriate treatments, mental health services, and specialist services. </p> <p>The bill provides a 100% Federal Medical Assistance Percentage (i.e., federal matching rate) for services provided through the project. </p>
|
<html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 904 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 904
To amend title XIX of the Social Security Act to establish a
demonstration project to improve outpatient clinical care for
individuals with sickle cell disease.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
March 21, 2023
Mr. Booker introduced the following bill; which was read twice and
referred to the Committee on Finance
_______________________________________________________________________
A BILL
To amend title XIX of the Social Security Act to establish a
demonstration project to improve outpatient clinical care for
individuals with sickle cell disease.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Sickle Cell Disease Comprehensive
Care Act''.
SEC. 2. MEDICAID DEMONSTRATION PROJECT TO IMPROVE OUTPATIENT CLINICAL
CARE FOR INDIVIDUALS WITH SICKLE CELL DISEASE.
Section 1903 of the Social Security Act (42 U.S.C. 1396b) is
amended by adding at the end the following new subsection:
``(cc) Demonstration Project To Improve Outpatient Clinical Care
for Individuals With Sickle Cell Disease.--
``(1) In general.--Notwithstanding section 1902(a)(1)
(relating to statewideness), section 1902(a)(10)(B) (relating
to comparability), and any other provision of this title for
which the Secretary determines it is necessary to waive in
order to implement this subsection, not later than the date
that is 1 year after the date of the enactment of this
subsection, the Secretary shall, in consultation, as
appropriate, with the Administrator of the Health Resources and
Services Administration, the Director of the Agency for
Healthcare Research and Quality, and the Deputy Assistant
Secretary for Minority Health, conduct a 5-year demonstration
project (referred to in this subsection as the `demonstration
project') for the purpose described in paragraph (2) under
which the Secretary shall--
``(A) for the first 18-month period of such
project, award planning grants described in paragraph
(3); and
``(B) for the remaining 42-month period of such
project, provide payments to each State selected under
paragraph (4) in accordance with paragraph (5).
``(2) Purpose.--The purpose described in this paragraph is
for each State that participates in the demonstration project
to improve access to high-quality outpatient care for
individuals receiving services under the State plan (or waiver
of such plan) who are living with sickle cell disease (with a
focus on, but not limited to, young adults and pregnant women),
to improve clinical, mental health, ancillary, and support
services, and to reduce overall and long-term costs, as
appropriate, to the State associated with treating individuals
with sickle cell disease under the State plan (or waiver of
such plan) through the following activities:
``(A) Supporting the creation or augmentation of
multi-disciplinary care teams that include the
physicians needed to adequately treat an individual for
sickle cell disease and its complications, as
determined by the Secretary in consultation with the
appropriate stakeholders, including organizations
representing sickle cell disease patients,
hematologists, and other specialists in sickle cell
disease care and treatment.
``(B) Conducting an assessment of the barriers to
care experienced by individuals with sickle cell
disease enrolled under the State plan (or waiver of
such plan), taking into account social, demographic,
and economic factors, geography, provider shortages,
and other issues contributing to health inequities, as
determined by the Secretary in consultation with
relevant stakeholders, including organizations
representing sickle cell disease patients,
hematologists, and other specialists in sickle cell
disease care and treatment.
``(C) Identifying best practices for improving
health equity for individuals with sickle cell disease
enrolled under the State plan (or waiver of such plan)
which take into account the results of the assessment
described in subparagraph (B), and communicating such
best practices through the provision of education,
training, and technical assistance to providers
participating under the State plan (or waiver of such
plan), including to care teams described in
subparagraph (A).
``(D) Expanding expertise of providers
participating under the State plan (or waiver of such
plan) on care for sickle cell disease by disseminating
clinical practice guidelines for sickle cell disease
and providing education, training, and technical
assistance with respect to such guidelines to such
providers.
``(E) Ensuring that sickle cell disease patients
enrolled under the State plan (or waiver of such plan)
are getting primary and preventive services in an
appropriate outpatient setting or through telehealth
services, as appropriate, including by providing
additional reimbursement for care coordinators,
community health workers, and other non-traditional
service providers.
``(F) Developing an individualized, comprehensive,
patient-centered care plan for individuals with sickle
cell disease that accommodates patient preferences in a
culturally and linguistically appropriate manner.
``(G) Ensuring that sickle cell disease patients
enrolled under the State plan (or waiver of such plan)
are provided with coordination of, and access to, the
following services, as determined to be clinically
appropriate:
``(i) Treatments and medications, including
chronic and exchange transfusions and disease-
modifying medications.
``(ii) Appropriate diagnostic testing such
as magnetic resonance imaging.
``(iii) Pain management treatment and
palliative care.
``(iv) Services provided by subspecialists
such as obstetricians and gynecologists,
reproductive health specialists, urologists,
ophthalmologists, neurologists, nephrologists,
psychologists, orthopedists, cardiologists, and
pulmonologists.
``(v) Supportive clinical services,
including vision and dental care.
``(vi) Mental health services and substance
use disorder treatment.
``(vii) Transportation to medical services
and social support services and referrals to
community-based organizations.
``(viii) Any other therapies approved by
the Food and Drug Administration for the
treatment of sickle cell disease or its
complications.
``(ix) Any other services deemed
appropriate for the treatment of sickle cell
disease or its complications by the State.
``(H) Providing other services or taking other
actions deemed necessary to improve treatment of sickle
cell disease under the State plan (or waiver of such
plan), as determined by the Secretary in coordination
with relevant stakeholders, including organizations
representing sickle cell disease patients,
hematologists, and other specialists in sickle cell
disease care and treatment.
``(3) Planning grants.--
``(A) In general.--The Secretary shall award
planning grants to at least 10 States selected in
accordance with subparagraph (B) for purposes of
preparing an application described in paragraph (4)(C)
and carrying out the activities described in
subparagraph (C).
``(B) Selection.--In selecting States for purposes
of this paragraph, the Secretary shall--
``(i) select States that have a State plan
approved under this title;
``(ii) give priority to States that have
participated in the sickle cell disease
surveillance data collection program of the
Centers for Disease Control and Prevention or
precursors to such program; and
``(iii) select States in a manner to
recognize States with a higher prevalence of
sickle cell disease patients that could be
reached through this demonstration project.
``(C) Activities described.--Activities described
in this subparagraph are, with respect to a State, each
of the following:
``(i) Activities that support an assessment
of the treatment needs and gaps in care in the
State for individuals with sickle cell disease
in order to improve the network of providers
that treat this population, including the
following:
``(I) An estimate of the number of
individuals enrolled under the State
plan (or a waiver of such plan) who
have sickle cell disease.
``(II) Information on the capacity
of providers with the knowledge needed
to treat sickle cell disease and the
complications of sickle cell disease,
including information on providers who
provide such services and their
participation under the State plan (or
waiver of such plan).
``(III) Information on the gaps in
care for treatment of individuals with
sickle cell disease under the State
plan (or waiver of such plan),
including information based on the
assessments described in subclauses (I)
and (II).
``(ii) Activities that, taking into account
the results of the assessment described in
clause (i), support the development of State
infrastructure to recruit prospective providers
and provide training and technical assistance
to providers with respect to treatment of
sickle cell disease under the State plan (or a
waiver of such plan).
``(D) Funding.--For the purpose of making grants
under this paragraph, there is appropriated to the
Secretary, out of any funds in the Treasury not
otherwise appropriated, $25,000,000, to remain
available until expended.
``(4) Post-planning grant states.--
``(A) In general.--The Secretary shall, with
respect to the remaining 42-month period of the
demonstration project conducted under paragraph (1),
select up to 10, but not less than 5 States in
accordance with subparagraph (B) for purposes of
carrying out the activities described in paragraph (2)
and receiving payments in accordance with paragraph
(5). The Secretary may select all States that received
a planning grant in paragraph (3).
``(B) Selection.--In selecting States for purposes
of this paragraph, the Secretary shall--
``(i) select States that received a
planning grant under paragraph (3) and have
successfully completed the activities described
in subparagraph (C) of such paragraph;
``(ii) select States that submit to the
Secretary an application in accordance with the
requirements in subparagraph (C); and
``(iii) select States in a manner
consistent with reaching as many sickle cell
disease patients as possible through the
demonstration project.
``(C) Applications.--
``(i) In general.--A State seeking to be
selected for purposes of this paragraph shall
submit to the Secretary, at such time and in
such form and manner as the Secretary requires,
an application that includes such information
as the Secretary may require, in addition to
the following:
``(I) A proposed process for
carrying out the activities described
in paragraph (2).
``(II) A review of reimbursement
methodologies and other policies
related to sickle cell disease
treatment under the State plan (or
waiver of such plan) that may create
barriers to increasing the number of
providers delivering such services.
``(III) The development of a plan,
taking into account activities carried
out under paragraph (3)(C)(ii), that
will result in long-term and
sustainable provider networks under the
State plan (or waiver of such plan) for
sickle cell disease.
``(IV) A proposed process for
reporting the information required
under paragraph (6)(A).
``(V) The expected financial impact
of the demonstration project under this
subsection on the State.
``(VI) A description of all funding
sources available to the State to
provide treatment for sickle cell
disease under the State plan (or waiver
of such plan) in the State.
``(VII) A preliminary plan for how
the State will sustain any increase in
the capacity of providers to deliver
treatment for sickle cell disease and
the complications of sickle cell
disease resulting from the
demonstration project under this
subsection after the termination of
such demonstration project.
``(VIII) A description of how the
State will coordinate the goals of the
demonstration project with any waiver
granted (or submitted by the State and
pending) pursuant to section 1115 for
the delivery of services to treat
sickle cell disease under the State
plan, as applicable.
``(ii) Consultation.--In completing an
application under clause (i), a State shall
consult with relevant stakeholders, including
Medicaid managed care plans, hematologists and
other sickle cell disease specialists, and
Medicaid beneficiaries and sickle cell disease
advocates, and include in such application a
description of such consultation.
``(5) Payments.--
``(A) Enhanced fmap for sickle cell disease
treatment.--Notwithstanding section 1905(b), for each
quarter occurring during the period for which the
demonstration project is conducted (after the first 18
months of such period), the Federal medical assistance
percentage for each State selected under paragraph (4)
with respect to amounts expended by the State for
medical assistance for medically necessary services to
treat sickle cell disease shall be equal to 100
percent.
``(B) Case management services for sickle cell
disease patients.--
``(i) In general.--During the period for
which the demonstration project is conducted
(after the first 18 months of such period), a
State selected under paragraph (4) may provide
a multi-disciplinary care team described in
paragraph (2)(A) with payments for the
provision of case management and care
coordination services to an individual with
sickle cell disease who is eligible under the
State plan (or waiver of such plan). Payments
made to such a team shall be treated as medical
assistance for purposes of section 1903(a)
except that the Federal medical assistance
percentage applicable to such payments shall be
equal to 100 percent.
``(ii) Methodology.--A State that elects to
make case management and care coordination
payments to a multi-disciplinary care team
under this subparagraph shall specify in a
State's application under paragraph (4) the
methodology the State will use for determining
payment for the provision of such services.
Such methodology shall not be limited to a per-
member-per-month basis and may provide (as
proposed by the State and subject to approval
by the Secretary) for alternate models of
payment.
``(6) Reports.--
``(A) State reports.--A State receiving payments
under paragraph (5) shall, for the period of the
demonstration project under this subsection, submit to
the Secretary a quarterly report, with respect to
expenditures for treatment of sickle cell disease and
complications of sickle cell disease for which payment
is made to the State under this subsection, on the
following:
``(i) The specific activities with respect
to which payment under this subsection was
provided.
``(ii) The number of individuals enrolled
under the State plan (or a waiver of such plan)
who received treatment for sickle cell disease
or complications related to sickle cell disease
under the demonstration project compared to the
estimated number of such individuals who would
have otherwise received such services in the
absence of such demonstration project.
``(iii) The number of individuals enrolled
under the State plan (or waiver of such plan)
who received treatment for sickle cell disease
or complications related to sickle cell disease
under the demonstration project who utilized
the services beyond clinical sickle cell
disease services, including mental health,
ancillary and support services and the impact
on their health outcomes, including emergency
department visits and inpatient hospital stays.
``(iv) The reductions in inpatient days,
reductions in emergency department visits, and
reductions in the total cost of care compared
to these metrics before the demonstration
project was implemented.
``(v) Other matters as determined by the
Secretary.
``(B) CMS reports.--
``(i) Initial report.--Not later than 18
months after the date of enactment of this
subsection, the Administrator of the Centers
for Medicare & Medicaid Services, in
consultation with the Administrator of the
Health Resources and Services Administration,
shall submit to Congress an initial report on--
``(I) the States awarded planning
grants under paragraph (3);
``(II) the criteria used in such
selection; and
``(III) the activities carried out
by such States under such planning
grants.
``(ii) Interim report.--Not later than 3
years after the date of enactment of this
subsection, the Administrator of the Centers
for Medicare & Medicaid Services shall, submit
to Congress an interim report--
``(I) on activities carried out
under the demonstration project under
this subsection;
``(II) on the extent to which
States selected under paragraph (4)
have achieved the activities submitted
in their applications under
subparagraph (C) of such paragraph;
``(III) with a description of the
strengths and limitations of such
demonstration project; and
``(IV) with a plan for the
sustainability of such project.
``(iii) Final report.--Not later than 1
year following the implementation of the
demonstration project, the Secretary shall
submit to Congress and make public a final
report--
``(I) providing updates on the
matters reported in the interim report
under clause (ii);
``(II) including a description of
any changes made with respect to the
demonstration project under this
subsection after the submission of such
interim report; and
``(III) evaluating such
demonstration project.
``(C) Report on experiences of states.--Not later
than 3 years after the date of the enactment of this
subsection, the Administrator of the Centers for
Medicare & Medicaid Services, in consultation with the
Director of the Agency for Healthcare Research and
Quality, shall submit to Congress a summary on the
experiences of States awarded planning grants under
paragraph (3) and States selected under paragraph (4).
``(7) Data sharing and best practices.--During the period
of the demonstration project under this subsection, the
Secretary shall, in collaboration with States selected under
paragraph (4), facilitate information sharing and the exchange
of identified best practices between--
``(A) providers who treat sickle cell disease; and
``(B) States selected under paragraph (4) and
States that were not so selected.
``(8) CMS funding.--There is appropriated, out of any funds
in the Treasury not otherwise appropriated, $50,000,000 to the
Centers for Medicare & Medicaid Services for purposes of
implementing this subsection, including completing the reports
to Congress required under this Act. Such amount shall remain
available until expended.''.
<all>
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118S905
|
Drone Integration and Zoning Act
|
[
[
"L000577",
"Sen. Lee, Mike [R-UT]",
"sponsor"
]
] |
<html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 905 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 905
To prescribe zoning authority with respect to commercial unmanned
aircraft systems and to preserve State, local, and Tribal authorities
and private property with respect to unmanned aircraft systems, and for
other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
March 21, 2023
Mr. Lee introduced the following bill; which was read twice and
referred to the Committee on Commerce, Science, and Transportation
_______________________________________________________________________
A BILL
To prescribe zoning authority with respect to commercial unmanned
aircraft systems and to preserve State, local, and Tribal authorities
and private property with respect to unmanned aircraft systems, and for
other 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 ``Drone Integration
and Zoning Act''.
(b) Table of Contents.--The table of contents of this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
Sec. 3. Federal Aviation Administration updates to navigable airspace.
Sec. 4. Preservation of State, local, and Tribal authorities with
respect to civil unmanned aircraft systems.
Sec. 5. Preservation of local zoning authority for unmanned aircraft
take-off and landing zones.
Sec. 6. Rights to operate.
Sec. 7. Updates to rules regarding the commercial carriage of property.
Sec. 8. Designation of certain complex airspace.
Sec. 9. Improvements to plan for full operational capability of
unmanned aircraft systems traffic
management.
Sec. 10. Updates to rules regarding small unmanned aircraft safety
standards.
Sec. 11. Rules of construction.
SEC. 2. DEFINITIONS.
In this Act:
(1) Administrator.--The term ``Administrator'' means the
Administrator of the Federal Aviation Administration.
(2) Civil.--The term ``civil'', with respect to an unmanned
aircraft system, means that the unmanned aircraft is not a
public aircraft (as defined in section 40102 of title 49,
United States Code).
(3) Commercial operator.--The term ``commercial operator''
means a person who operates a civil unmanned aircraft system
for commercial purposes.
(4) Immediate reaches of airspace.--The term ``immediate
reaches of airspace'' means, with respect to the operation of a
civil unmanned aircraft system, any area within 200 feet above
ground level.
(5) Indian tribe.--The term ``Indian Tribe'' has the
meaning given that term in section 44801 of title 49, United
States Code (as added by section 3(a)(1)).
(6) Local government.--The term ``local government'' means
the government of a subdivision of a State.
(7) State.--The term ``State'' means each of the 50 States,
the District of Columbia, and the territories and possessions
of the United States.
(8) Tribal government.--The term ``Tribal government''
means the governing body of an Indian Tribe.
(9) Unmanned aircraft; unmanned aircraft system.--The terms
``unmanned aircraft'' and ``unmanned aircraft system'' have the
meanings given those terms in section 44801 of title 49, United
States Code.
(10) Unmanned aircraft take-off and landing zone.--The term
``unmanned aircraft take-off and landing zone'' means a
structure, area of land or water, or other designation for use
or intended to be used for the take-off or landing of civil
unmanned aircraft systems operated by a commercial operator.
SEC. 3. FEDERAL AVIATION ADMINISTRATION UPDATES TO NAVIGABLE AIRSPACE.
(a) Definition.--
(1) Immediate reaches of airspace definition.--Section
44801 of title 49, United States Code, is amended by adding at
the end the following new paragraph:
``(14) Immediate reaches of airspace.--The term `immediate
reaches of airspace' means, with respect to the operation of a
civil unmanned aircraft system, any area within 200 feet above
ground level.''.
(2) Navigable airspace definition.--Paragraph (32) of
section 40102 of title 49, United States Code, is amended by
adding at the end the following new sentence: ``In applying
such term to the regulation of civil unmanned aircraft systems,
such term shall not include the area within the immediate
reaches of airspace (as defined in section 44801).''.
(b) Rulemaking.--
(1) In general.--The Administrator shall conduct a
rulemaking proceeding to update the definition of ``navigable
airspace''.
(2) Consultation.--In conducting the rulemaking proceeding
under paragraph (1), the Administrator shall consult with
appropriate State, local, or Tribal government officials.
(c) Designation Requirement.--In conducting the rulemaking
proceeding under subsection (b), the Administrator shall designate the
area between 200 feet and 400 feet above ground level--
(1) for use of civil unmanned aircraft systems under the
exclusive authority of the Administrator; and
(2) for use by both commercial operators or hobbyists and
recreational unmanned aircraft systems, under rules established
by the Administrator.
(d) Final Rule.--Not later than 1 year after the date of enactment
of this Act, the Administrator shall issue a final rule pursuant to the
rulemaking conducted under subsection (b).
(e) Rules of Construction.--Nothing in this section may be
construed to--
(1) prohibit the Administrator from promulgating
regulations related to the operation of unmanned aircraft
systems at more than 400 feet above ground level; or
(2) diminish or expand the preemptive effect of the
authority of the Federal Aviation Administration with respect
to manned aviation.
SEC. 4. PRESERVATION OF STATE, LOCAL, AND TRIBAL AUTHORITIES WITH
RESPECT TO CIVIL UNMANNED AIRCRAFT SYSTEMS.
(a) Findings; Sense of Congress.--
(1) Findings.--Congress finds the following:
(A) Using its constitutional authority to regulate
commerce among the States, Congress granted the Federal
Government authority over all of the navigable airspace
in the United States in order to foster air commerce.
(B) While the regulation of the navigable airspace
is within the Federal Government's domain, the Supreme
Court recognized in United States v. Causby, 328 U.S.
256 (1946), that the Federal Government's regulatory
authority is limited by the property rights possessed
by landowners over the exclusive control of the
immediate reaches of their airspace.
(C) As a sovereign government, a State possesses
police powers, which include the power to protect the
property rights of its citizens.
(D) The proliferation of low-altitude operations of
unmanned aircraft systems has created a conflict
between the responsibility of the Federal Government to
regulate the navigable airspace and the inherent
sovereign police power possessed by the States to
protect the property rights of their citizens.
(2) Sense of congress.--It is the sense of Congress that--
(A) in order for landowners to have full enjoyment
and use of their land, they must have exclusive control
of the immediate reaches of airspace over their
property;
(B) the States possess sovereign police powers,
which include the power to regulate land use, protect
property rights, and exercise zoning authority; and
(C) the Federal Government lacks the authority to
intrude upon a State's sovereign right to issue
reasonable time, manner, and place restrictions on the
operation of unmanned aircraft systems operating within
the immediate reaches of airspace.
(b) Requirements Related to Regulations and Standards.--
(1) In general.--In prescribing regulations or standards
related to civil unmanned aircraft systems, the following shall
apply:
(A) The Administrator shall not authorize the
operation of a civil unmanned aircraft in the immediate
reaches of airspace above property without permission
of the property owner.
(B) Subject to paragraph (2), in the case of a
structure that exceeds 200 feet above ground level, the
Administrator shall not authorize the operation of a
civil unmanned aircraft--
(i) within 50 feet of the top of such
structure; or
(ii) within 200 feet laterally of such
structure or inside the property line of such
structure's owner, whichever is closer to such
structure.
(C) The Administrator shall not authorize the
physical contact of a civil unmanned aircraft,
including such aircraft's take-off or landing, with a
structure that exceeds 200 feet above ground level
without permission of the structure's owner.
(D) The Administrator shall ensure that the
authority of a State, local, or Tribal government to
issue reasonable restrictions on the time, manner, and
place of operation of a civil unmanned aircraft system
that is operated below 200 feet above ground level is
not preempted.
(2) Exception.--The limitation on the operation of a civil
unmanned aircraft under paragraph (1)(B) shall not apply if--
(A) the operator of such aircraft has the
permission of the structure's owner;
(B) such aircraft is being operated directly within
or above an authorized public right of way; or
(C) such aircraft is being operated on an
authorized commercial route designated under subsection
(c).
(3) Reasonable restrictions.--For purposes of paragraph
(1)(D), reasonable restrictions on the time, manner, and place
of operation of a civil unmanned aircraft system include the
following:
(A) Specifying limitations on speed of flight over
specified areas.
(B) Prohibitions or limitations on operations in
the vicinity of schools, parks, roadways, bridges,
moving locations, or other public or private property.
(C) Restrictions on operations at certain times of
the day or week or on specific occasions such as
parades or sporting events, including sporting events
that do not remain in one location.
(D) Prohibitions on careless or reckless
operations, including operations while the operator is
under the influence of alcohol or drugs.
(E) Other prohibitions that protect public safety,
personal privacy, or property rights, or that manage
land use or restrict noise pollution.
(c) Designation of Authorized Commercial Routes.--
(1) In general.--For purposes of subsection (b)(2)(C), not
later than 18 months after the date of enactment of this Act,
the Administrator shall establish a process for the designation
of routes as authorized commercial routes. No area within 200
feet above ground level may be included in a designated
authorized commercial route.
(2) Application.--Under the process established under
paragraph (1), applicants shall submit an application for such
a designation in a form and manner determined appropriate by
the Administrator.
(3) Timeframe for decision.--Under the process established
under paragraph (1), the Administrator shall approve or
disapprove a complete application for designation within 90
days of receiving the application.
(4) Consultation.--In reviewing an application for the
designation of an area under this subsection, the Administrator
shall consult with and heavily weigh the views of--
(A) the applicable State, local, or Tribal
government that has jurisdiction over the operation of
unmanned aircraft in the area below the area to be
designated;
(B) owners of structures who would be affected by
the designation of a route as an authorized commercial
route; and
(C) commercial unmanned aircraft operators.
(5) Denial of application.--If the Administrator denies an
application for a designation under this subsection, the
Administrator shall provide the applicant with--
(A) a detailed description of the reasons for the
denial; and
(B) recommendations for changes that the applicant
can make to correct the deficiencies in their
application.
(6) Approval of application.--If the Administrator approves
an application for a designation under this subsection, the
Administrator shall clearly describe the boundaries of the
designated authorized commercial route and any applicable
limitations for operations on the route.
(7) Delegation.--The Administrator may delegate the
authority to designate authorized commercial routes under this
subsection to a State, local, or Tribal government that has
entered into an agreement with the Administrator under section
8 with respect to an area designated as complex airspace.
(d) Rules of Construction.--
(1) Safety hazard.--Nothing in this section may be
construed to permit a State, local, or Tribal government to
issue restrictions, or a combination of restrictions, that
would create a significant safety hazard in the navigable
airspace, airport operations, air navigation facilities, air
traffic control systems, or other components of the national
airspace system that facilitate the safe and efficient
operation of civil, commercial, or military aircraft within the
United States.
(2) Cause of action.--Nothing in this section may be
construed to prohibit a property owner or the owner of a
structure with a height that exceeds 200 feet above ground
level from pursuing any available cause of action under State
law related to unmanned aircraft operations above 200 feet
above ground level.
SEC. 5. PRESERVATION OF LOCAL ZONING AUTHORITY FOR UNMANNED AIRCRAFT
TAKE-OFF AND LANDING ZONES.
(a) General Authority.--Subject to the succeeding provisions of
this section, nothing in this Act shall limit or affect the authority
of a State, local, or Tribal government over decisions regarding the
designation, placement, construction, or modification of an unmanned
aircraft take-off and landing zone.
(b) Nondiscrimination.--The regulation of the designation,
placement, construction, or modification of an unmanned aircraft take-
off and landing zone by any State, local, or Tribal government may
not--
(1) unreasonably discriminate among commercial operators of
unmanned aircraft systems; or
(2) prohibit, or have the effect of prohibiting, a
commercial operator from operating an unmanned aircraft system.
(c) Applications.--
(1) Requirement to act.--
(A) In general.--A State, local, or Tribal
government shall act on any complete application for
authorization to designate, place, construct, or modify
an unmanned aircraft take-off and landing zone within
60 days of receiving such application.
(B) Denial.--If a State, local, or Tribal
government denies an application for the designation,
placement, construction, or modification of an unmanned
aircraft take-off and landing zone, the State, local,
or Tribal government shall, not later than 30 days
after denying the application, submit to the commercial
operator a written record that details--
(i) the findings and substantial evidence
that serves as the basis for denying the
application; and
(ii) recommendations for how the commercial
operator can address the reasons for the
application's denial.
(2) Fees.--Notwithstanding any other provision of law, a
State, local, or Tribal government may charge a fee to consider
an application for the designation, placement, construction, or
modification of an unmanned aircraft take-off and landing zone,
or to use a right-of-way or a facility in a right-of-way owned
or managed by the State, local, or Tribal government for the
designation, placement, construction, or modification of an
unmanned aircraft take-off and landing zone, if the fee is--
(A) competitively neutral, technologically neutral,
and nondiscriminatory; and
(B) publicly disclosed.
(3) Rule of construction.--Nothing in this subsection may
be construed to prevent any State, local, or Tribal government
from imposing any additional limitation or requirement relating
to consideration by the State, local, or Tribal government of
an application for the designation, placement, construction, or
modification of an unmanned aircraft take-off and landing zone.
(d) Judicial Review.--Any person adversely affected by any final
action or failure to act by a State, local, or Tribal government that
is inconsistent with this section may, within 30 days after the action
or failure to act, commence an action in any court of competent
jurisdiction, which shall hear and decide the action on an expedited
basis.
(e) Effective Date.--The provisions of this section shall take
effect on the day that is 180 days after the final rule under section
3(d) is issued.
SEC. 6. RIGHTS TO OPERATE.
(a) Prohibition.--
(1) In general.--Subject to subsection (b), a State, local,
or Tribal government may not adopt, maintain, or enforce any
law, rule, or standard that unreasonably or substantially
impedes--
(A) the ascent or descent of an unmanned aircraft
system, operated by a commercial operator, to or from
the navigable airspace in the furtherance of a
commercial activity; or
(B) a civil unmanned aircraft from reaching
navigable airspace where operations are permitted.
(2) Unreasonable or substantial impediment.--For purposes
of paragraph (1), an unreasonable or substantial impediment
with respect to civil unmanned aircraft includes--
(A) a complete and total ban on overflights of
civil unmanned aircraft over the entirety of airspace
within a State, local, or Tribal government's
jurisdiction; and
(B) a combination of prohibitions or restrictions
on overflights within airspace under a State, local, or
Tribal government's jurisdiction such that it is nearly
impossible for civil unmanned aircraft to reach the
navigable airspace.
(b) Rules of Construction.--Nothing in subsection (a) may be
construed to prohibit a State, local, or Tribal government from--
(1) adopting, maintaining, or enforcing laws, rules, or
standards that regulate unmanned aircraft systems below 200
feet above ground level; or
(2) prescribing emergency procedures for a civil unmanned
aircraft system descending into an area 200 feet above ground
level.
SEC. 7. UPDATES TO RULES REGARDING THE COMMERCIAL CARRIAGE OF PROPERTY.
(a) Improving Regulations.--Section 44808 of title 49, United
States Code, is amended--
(1) by redesignating subsection (b)(5) as subsection (c),
and indenting appropriately;
(2) by redesignating subparagraphs (A), (B), and (C) of
subsection (c), as redesignated by paragraph (1), as paragraphs
(1), (2), and (3), respectively, and indenting appropriately;
(3) by redesignating subsection (b)(6) as subsection (d),
and indenting appropriately; and
(4) in subsection (b), as previously amended, by adding at
the end the following new paragraphs:
``(5) Ensure that the provision of section 41713 shall not
apply to the carriage of property by operators of small
unmanned aircraft systems.
``(6) Ensure that an operator of a small unmanned aircraft
system is not required to comply with any rules approved under
this section if the operator is operating solely under a State
authorization for the intrastate carriage of property for
compensation or hire.
``(7) Ensure that the costs necessary to receive such an
authorization are minimal so as to protect competition between
market participants.
``(8) A streamlined application process that only contains
requirements minimally necessary for safe operation and
substantially outweigh the compliance costs for an
applicant.''.
(b) Clarification Regarding Preemption.--Section 41713(b) of title
49, United States Code, is amended by adding at the end the following
new paragraph:
``(5) Not Applicable to the Operation of a Civil Unmanned Aircraft
System.--Paragraphs (1) and (4) shall not apply to the operation of a
civil unmanned aircraft system.''.
(c) Exclusion From Definition of Air Carrier.--Section 40102(2) of
title 49, United States Code, is amended by inserting ``(but does not
include an operator of civil unmanned aircraft systems)'' before the
period at the end.
(d) State Authorization for the Intrastate Carriage of Property.--A
State may not be prohibited from issuing an authorization (and the
Federal Government may not require a Federal authorization) for the
carriage of property by a commercial operator of a civil unmanned
aircraft that is operating in intrastate commerce if the civil unmanned
aircraft is only authorized by the State to operate--
(1) within the immediate reaches of airspace; and
(2) within the lateral boundaries of the State.
SEC. 8. DESIGNATION OF CERTAIN COMPLEX AIRSPACE.
(a) Process for Designation.--
(1) In general.--Not later than 18 months after the date of
enactment of this Act, the Secretary of Transportation shall
establish a process under which a State, local, or Tribal
government may submit an application to the Administrator (in a
form and manner determined appropriate by the Administrator)
for the designation of an area as an area of ``complex
airspace.'' Such process shall allow for individual or
collective designations.
(2) Timeframe for decision.--Under the process established
under paragraph (1), the Administrator shall approve or
disapprove a complete application for designation within 90
days of receiving the application.
(3) Review of application.--In reviewing an application for
a designation under this section, the Administrator may deny
the request if the State, local, or Tribal government does not
have--
(A) the financial resources to carry out the
authority to be granted under the designation; or
(B) the technological capabilities necessary to
carry out the authority granted to the State under the
designation.
(4) Denial of application.--If the Administrator denies an
application for a designation under this section, the
Administrator shall provide the State, local, or Tribal
government with--
(A) a detailed description of the reasons for the
denial; and
(B) recommendations for changes that the State can
make to correct the deficiencies in their application.
(5) Approval of application.--If the Administrator approves
an application for a designation under this section, the
Administrator shall, upon the request of the State, local, or
Tribal government, enter into a written agreement with the
State, local, or Tribal government (which may be in the form of
a memorandum of understanding) under which the Administrator
may assign, and the State, local, or Tribal government may
assume, one or more of the responsibilities of the
Administrator with respect to the management of civil unmanned
aircraft operations within the area that has been so
designated.
(b) Agreements.--
(1) State, local, or tribal government responsibilities
under agreement.--If a State, local, or Tribal government
enters into an agreement with the Administrator under
subsection (a)(5), the State, local, or Tribal government shall
be solely responsible, and solely liable, for carrying out the
responsibilities assumed in the agreement until the agreement
is terminated.
(2) Termination by state, local, or tribal government.--A
State, local, or Tribal government may terminate an agreement
with the Administrator under subsection (a)(5) if the State,
local, or Tribal government provides the Administrator 90 days
of notice.
(3) Termination by administrator.--The Administrator may
terminate an agreement with a State, local, or Tribal
government under subsection (a)(5) if--
(A) the Administrator determines that the State,
local, or Tribal government is not adequately carrying
out the responsibilities assigned under the agreement;
and
(B) the Administrator provides the State, local, or
Tribal government with--
(i) written notification of a determination
of noncompliance with the responsibilities
assigned under the agreement; and
(ii) a period of not less than 180 days for
the State, local, or Tribal government to take
such corrective actions as the Administrator
determines necessary to comply with the
responsibilities assigned under the agreement.
(c) Complex Airspace Defined.--In this section, the term ``complex
airspace'' means an area of airspace that--
(1) is at least 200 feet above ground level; and
(2) includes one or more structures that have a height that
exceeds 200 feet above ground level.
SEC. 9. IMPROVEMENTS TO PLAN FOR FULL OPERATIONAL CAPABILITY OF
UNMANNED AIRCRAFT SYSTEMS TRAFFIC MANAGEMENT.
Section 376 of the FAA Reauthorization Act of 2018 (Public Law 115-
254) is amended--
(1) in subsection (b), by adding at the end the following
new paragraph:
``(4) Permit the testing of a State, local, or Tribal
government's time, place, and manner restrictions within the
immediate reaches of airspace (as defined in section 44801).'';
(2) in subsection (c)--
(A) in paragraph (2), by striking ``industry and
government'' and inserting ``industry, the Federal
Government, and State, local, or Tribal governments'';
(B) in paragraph (3)(G), by striking ``and'' at the
end;
(C) in paragraph (4)(C), by striking the period at
the end and inserting a semicolon; and
(D) by adding at the end the following new
paragraphs:
``(5) establish a plan for collaboration and coordination
with a State, local, or Tribal government's management of
unmanned aircraft systems within the immediate reaches of
airspace (as defined in section 44801); and
``(6) establish a process for the interoperability and
sharing of data between Federal Government, State, local, or
Tribal government, and private sector UTM services.'';
(3) in subsection (d)--
(A) in paragraph (2)(J), by striking ``and'' at the
end;
(B) in paragraph (3), by striking the period at the
end and inserting ``; and''; and
(C) by adding at the end the following new
paragraph:
``(4) shall consult with State, local, and Tribal
governments.''; and
(4) in subsection (g), by inserting ``and State, local, and
Tribal governments'' after ``Federal agencies''.
SEC. 10. UPDATES TO RULES REGARDING SMALL UNMANNED AIRCRAFT SAFETY
STANDARDS.
Section 44805 of title 49, United States Code, is amended--
(1) in subsection (a)--
(A) in paragraph (3), by striking ``and'' at the
end;
(B) in paragraph (4), by striking the period at the
end and inserting ``; and''; and
(C) by adding at the end the following new
paragraph:
``(5) ensuring that no State is prohibited from requiring
additional equipage for a small unmanned aircraft system so
long as such small unmanned aircraft system is solely
authorized to operate in the immediate reaches of airspace (as
defined in section 44801) and the lateral boundaries of a
State.'';
(2) in subsection (e), in the matter preceding paragraph
(1), by striking ``may'' and inserting ``shall'';
(3) in subsection (j), by striking ``may'' and inserting
``shall''; and
(4) by adding at the end the following new subsection:
``(k) Requirements for Accepting Risk-Based Consensus Safety
Standards.--
``(1) Cost-benefit analysis.--The Administrator shall not
accept a risk-based consensus safety standard under subsection
(a)(1) unless the Administrator has first conducted a cost-
benefit analysis and certified that the benefit of the safety
standard substantially outweighs the costs to the manufacturer
and consumer.
``(2) Must be essential.--The Administrator shall not
accept a risk-based consensus safety standard under subsection
(a)(1) unless the Administrator determines that the safety
standard is essential for small unmanned aircraft systems to
operate safely in the UTM.''.
SEC. 11. RULES OF CONSTRUCTION.
(a) In General.--Subject to subsection (b), nothing in this Act may
be construed to--
(1) diminish or expand the preemptive effect of the
authority of the Federal Aviation Administration with respect
to manned aviation; or
(2) affect the civil or criminal jurisdiction of--
(A) any Indian Tribe relative to any State or local
government; or
(B) any State or local government relative to any
Indian Tribe.
(b) Enforcement Actions.--Nothing in subsection (a) may be
construed to limit the authority of the Administrator to pursue
enforcement actions against persons operating civil unmanned aircraft
systems who endanger the safety of the navigable airspace, airport
operations, air navigation facilities, air traffic control systems, or
other components of the national airspace system that facilitate the
safe and efficient operation of civil, commercial, or military aircraft
within the United States.
<all>
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118S906
|
Ending Normal Trade Relations with China Act of 2023
|
[
[
"H001089",
"Sen. Hawley, Josh [R-MO]",
"sponsor"
]
] |
<html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 906 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 906
To withdraw normal trade relations treatment from products of the
People's Republic of China, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
March 21, 2023
Mr. Hawley introduced the following bill; which was read twice and
referred to the Committee on Finance
_______________________________________________________________________
A BILL
To withdraw normal trade relations treatment from products of the
People's Republic of China, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Ending Normal Trade Relations with
China Act of 2023''.
SEC. 2. WITHDRAWAL OF NORMAL TRADE RELATIONS TREATMENT FROM THE
PEOPLE'S REPUBLIC OF CHINA.
Notwithstanding title I of Public Law 106-286 (114 Stat. 880) or
any other provision of law, effective on the date that is 2 years after
the date of the enactment of this Act--
(1) normal trade relations treatment shall not apply
pursuant to section 101 of that Act to the products of the
People's Republic of China;
(2) normal trade relations treatment may not thereafter be
extended to the products of the People's Republic of China
under the provisions of chapter 1 of title IV of the Trade Act
of 1974 (19 U.S.C. 2431 et seq.);
(3) the rates of duty set forth in column 2 of the
Harmonized Tariff Schedule of the United States shall apply to
all products of the People's Republic of China; and
(4) the President may proclaim increases in the rates of
duty applicable to products of the People's Republic of China
to rates that are higher than the rates described in paragraph
(3).
<all>
</pre></body></html>
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118S907
|
PRIME Act
|
[
[
"K000383",
"Sen. King, Angus S., Jr. [I-ME]",
"sponsor"
],
[
"P000603",
"Sen. Paul, Rand [R-KY]",
"cosponsor"
],
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"C001096",
"Sen. Cramer, Kevin [R-ND]",
"cosponsor"
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[
"L000577",
"Sen. Lee, Mike [R-UT]",
"cosponsor"
],
[
"H001061",
"Sen. Hoeven, John [R-ND]",
"cosponsor"
],
[
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"Sen. Braun, Mike [R-IN]",
"cosponsor"
],
[
"L000571",
"Sen. Lummis, Cynthia M. [R-WY]",
"cosponsor"
],
[
"M001176",
"Sen. Merkley, Jeff [D-OR]",
"cosponsor"
]
] |
<html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 907 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 907
To amend the Federal Meat Inspection Act to exempt from inspection the
slaughter of animals and the preparation of carcasses conducted at a
custom slaughter facility, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
March 22, 2023
Mr. King (for himself, Mr. Paul, Mr. Cramer, Mr. Lee, Mr. Hoeven, Mr.
Braun, and Ms. Lummis) introduced the following bill; which was read
twice and referred to the Committee on Agriculture, Nutrition, and
Forestry
_______________________________________________________________________
A BILL
To amend the Federal Meat Inspection Act to exempt from inspection the
slaughter of animals and the preparation of carcasses conducted at a
custom slaughter facility, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Processing Revival and Intrastate
Meat Exemption Act'' or the ``PRIME Act''.
SEC. 2. EXEMPTION FOR SLAUGHTER AND PREPARATION OCCURRING AT CUSTOM
SLAUGHTER FACILITIES.
Section 23 of the Federal Meat Inspection Act (21 U.S.C. 623) is
amended--
(1) by redesignating subsections (b), (c), and (d) as
subsections (c), (d), and (e), respectively;
(2) by inserting after subsection (a) the following:
``(b) Exemption for Slaughter and Preparation Occurring at Custom
Slaughter Facilities.--
``(1) Definition of state.--In this subsection, the term
`State' means any State or Territory.
``(2) Exemption.--The provisions of this title requiring
inspection of the slaughter of animals and the preparation of
the carcasses, parts thereof, meat, and meat food products at
establishments conducting those operations for commerce shall
not apply to the slaughtering by any person of animals at a
custom slaughter facility and the preparation at that custom
slaughter facility and transportation in commerce of the
carcasses, parts thereof, meat, and meat food products of those
animals if--
``(A) the slaughtering and preparation carried out
at the custom slaughter facility is carried out in
accordance with the law of the State in which the
custom slaughter facility is located; and
``(B) the animals are slaughtered and the
carcasses, parts thereof, meat, and meat food products
of the animals are prepared exclusively for
distribution to--
``(i) household consumers within the State
in which the custom slaughter facility is
located; or
``(ii) restaurants, hotels, boarding
houses, grocery stores, or other establishments
located in the State in which the custom
slaughter facility is located that--
``(I) are involved in the
preparation of meals served directly to
consumers; or
``(II) offer meat and meat food
products for sale directly to consumers
in the State.''; and
(3) in subsection (c) (as so redesignated), in the second
sentence, by striking ``paragraph (b)'' and inserting
``subsection''.
SEC. 3. NO PREEMPTION OF STATE LAW.
Nothing in an amendment made by section 2 preempts any State law
relating to--
(1) the slaughter of animals or the preparation of
carcasses, parts thereof, meat, and meat food products at a
custom slaughter facility; or
(2) the sale of meat or meat food products.
<all>
</pre></body></html>
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118S908
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A bill to oppose the provision of assistance to the People's Republic of China by the multilateral development banks.
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<html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 908 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 908
To oppose the provision of assistance to the People's Republic of China
by the multilateral development banks.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
March 22, 2023
Mr. Barrasso (for himself, Mr. Grassley, Ms. Lummis, Mr. Tillis, Mr.
Lee, Mr. Moran, Mr. Scott of Florida, Mr. Hagerty, Mr. Schmitt, Mr.
Lankford, Mrs. Blackburn, Mr. Hawley, Mr. Rubio, Mr. Cotton, Mr. Braun,
Mr. Cramer, Mr. Marshall, Mr. Cassidy, Mrs. Capito, Mr. Manchin, Mr.
Rounds, and Mr. Hoeven) introduced the following bill; which was read
twice and referred to the Committee on Foreign Relations
_______________________________________________________________________
A BILL
To oppose the provision of assistance to the People's Republic of China
by the multilateral development banks.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. OPPOSITION TO PROVISION OF ASSISTANCE TO PEOPLE'S REPUBLIC
OF CHINA BY MULTILATERAL DEVELOPMENT BANKS.
(a) Findings.--Congress makes the following findings:
(1) The People's Republic of China is the world's second
largest economy and a major global lender.
(2) In the third quarter of 2022, the foreign exchange
reserves of the People's Republic of China totaled more than
$3,000,000,000,000.
(3) The World Bank classifies the People's Republic of
China as a country with an upper-middle-income economy.
(4) On February 25, 2021, President Xi Jinping announced
``complete victory'' over extreme poverty in the People's
Republic of China.
(5) The Government of the People's Republic of China
utilizes state resources to create and promote the Asian
Infrastructure Investment Bank, the New Development Bank, and
the Belt and Road Initiative.
(6) The People's Republic of China is the world's largest
official creditor.
(7) Through a multilateral development bank, countries are
eligible to borrow until they can manage long-term development
and access to capital markets without financial resources from
the bank.
(8) The World Bank reviews the graduation of a country from
eligibility to borrow from the International Bank for
Reconstruction and Development once the country reaches the
graduation discussion income, which is equivalent to the gross
national income. For fiscal year 2023, the graduation
discussion income is a gross national income per capita
exceeding $7,455.
(9) Many of the other multilateral development banks, such
as the Asian Development Bank, use the gross national income
per capita benchmark used by the International Bank for
Reconstruction and Development to trigger the graduation
process.
(10) The People's Republic of China exceeded the graduation
discussion income threshold in 2016.
(11) Since 2016, the International Bank for Reconstruction
and Development has approved projects totaling $9,610,000,000
to the People's Republic of China.
(12) Since 2016, the Asian Development Bank has continued
to approve loans and technical assistance to the People's
Republic of China totaling more than $10,600,000,000. The Bank
has also approved non-sovereign commitments in the People's
Republic of China totaling more than $2,400,000,000 since 2016.
(13) The World Bank calculates the People's Republic of
China's 2019 gross national income per capita as $10,390.
(b) Statement of Policy.--It is the policy of the United States to
oppose any additional lending from the multilateral development banks,
including the International Bank for Reconstruction and Development and
the Asian Development Bank, to the People's Republic of China as a
result of the People's Republic of China's successful graduation from
the eligibility requirements for assistance from those banks.
(c) Opposition to Lending to People's Republic of China.--The
Secretary of the Treasury shall instruct the United States Executive
Director at each multilateral development bank to use the voice, vote,
and influence of the United States--
(1) to oppose any loan or extension of financial or
technical assistance by the bank to the People's Republic of
China; and
(2) to end lending and assistance to countries that exceed
the graduation discussion income of the bank.
(d) Report Required.--Not later than one year after the date of the
enactment of this Act, and annually thereafter, the Secretary of the
Treasury shall submit to the appropriate congressional committees a
report that includes--
(1) an assessment of the status of borrowing by the
People's Republic of China from each multilateral development
bank;
(2) a description of voting power, shares, and
representation by the People's Republic of China at each such
bank;
(3) a list of countries that have exceeded the graduation
discussion income at each such bank;
(4) a list of countries that have graduated from
eligibility for assistance from each such bank; and
(5) a full description of the efforts taken by the United
States to graduate countries from such eligibility once they
exceed the graduation discussion income at each such bank.
(e) Definitions.--In this section:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on Foreign Relations of the
Senate; and
(B) the Committee on Financial Services and the
Committee on Foreign Affairs of the House of
Representatives.
(2) Multilateral development banks.--The term
``multilateral development banks'' has the meaning given that
term in section 1701(c) of the International Financial
Institutions Act (22 U.S.C. 262r(c)).
<all>
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118S909
|
Tribal Firearm Access Act
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<html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 909 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 909
To allow members of federally recognized Tribes to use their Tribal
government identification documents in obtaining a firearm from a
federally licensed firearms dealer.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
March 22, 2023
Mr. Mullin (for himself, Mr. Thune, Mr. Rounds, Mrs. Hyde-Smith, Mr.
Cramer, Mrs. Blackburn, and Mr. Scott of Florida) introduced the
following bill; which was read twice and referred to the Committee on
the Judiciary
_______________________________________________________________________
A BILL
To allow members of federally recognized Tribes to use their Tribal
government identification documents in obtaining a firearm from a
federally licensed firearms dealer.
Be it enacted by the Senate 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 Firearm Access Act''.
SEC. 2. ALLOWING MEMBERS OF FEDERALLY RECOGNIZED TRIBES TO USE THEIR
TRIBAL GOVERNMENT IDENTIFICATION DOCUMENTS IN OBTAINING A
FIREARM FROM A FEDERALLY LICENSED FIREARMS DEALER.
(a) In General.--Section 922(t)(1)(D) of title 18, United States
Code, is amended by inserting ``, or a valid identification document
issued by a Tribal government'' before the period.
(b) Definition.--Section 921(a) of such title is amended by adding
at the end the following:
``(38) 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) in the list
published most recently as of the date of the enactment of this
paragraph pursuant to section 104(a) of the Federally Recognized Indian
Tribe List Act of 1994 (25 U.S.C. 5131(a)).''.
(c) Effective Date.--The amendments made by this section shall take
effect on the date that is 90 days after the date of enactment of this
Act.
<all>
</pre></body></html>
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"title": "A bill to allow members of federally recognized Tribes to use their Tribal government identification documents in obtaining a firearm from a federally licensed firearms dealer.",
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}
|
|
118S91
|
Forgotten Heroes of the Holocaust Congressional Gold Medal Act
|
[
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"Sen. Hagerty, Bill [R-TN]",
"sponsor"
],
[
"K000384",
"Sen. Kaine, Tim [D-VA]",
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[
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[
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"cosponsor"
],
[
"B001243",
"Sen. Blackburn, Marsha [R-TN]",
"cosponsor"
]
] |
<p><b>Forgotten Heroes of the Holocaust Congressional Gold Medal Act</b></p> <p>This bill provides for the award of a Congressional Gold Medal to 60 diplomats posthumously in recognition of their brave and vital service of saving Jews during World War II.</p>
|
<html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 91 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 91
To award a Congressional Gold Medal to 60 diplomats, in recognition of
their bravery and heroism during the Holocaust.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
January 26, 2023
Mr. Hagerty (for himself and Mr. Kaine) 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 60 diplomats, in recognition of
their bravery and heroism during the Holocaust.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Forgotten Heroes of the Holocaust
Congressional Gold Medal Act''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) The following diplomats will be honored posthumously:
Per Anger (Sweden), Jose Maria Barreto (Peru), Lars Berg
(Sweden), Philippe Bernardini (Vatican/Italy), Hiram (Harry)
Bingham IV (United States), Friedrich Born (Switzerland),
Manuel Antonio Munoz Borrero (Ecuador), Carlos de Liz-Texeira
Branquinho (Portugal), Eduardo Propper de Callejon (Spain),
Samuel del Campo (Chile), Aracy Moebius Carvalho de Guimaraes
Rosa (Brazil), Jose Arturo Castellanos (El Salvador), Carl Ivan
Danielsson (Sweden), Luis Martins de Souza Dantas (Brazil),
Georg Ferdinand Duckwitz (Germany), Harald Feller
(Switzerland), Francis (Frank) Foley (United Kingdom), Jean-
Edouard Friedrich (Switzerland), Carlos Almeida Afonseca de
Sampaio Garrido (Portugal), Raymond Herman Geist (United
States), Feng-Shan Ho (China), Constantin Karadja (Romania),
Alexander Kasser (Sandor Kasza) (Sweden/Hungary), Elow Kihlgren
(Sweden), Joseph Willem (Joop) Kolkman (Netherlands), Julius
Kuhl (Switzerland), Aleksander 4ados (Poland), Valdemar Langlet
(Sweden), Charles (Carl) Lutz (Switzerland), George Mandel-
Mantello (El Salvador), Florian Manoliu (Romania), Aristides de
Sousa Mendes (Portugal), Salomon Jacob (Sally) Noach
(Netherlands), Giorgio (Jorge) Perlasca (Spain/Italy), Ernst
Prodolliet (Switzerland), Franjo Puncuch (Yugoslavia/Slovenia),
Sebastian de Romero Radigales (Spain), Konstanty Rokicki
(Poland), Angelo Giuseppe Roncalli (Vatican/Italy), Angelo
Rotta (Vatican/Italy), Albert Emile Routier (Turkey), Stefan
Ryniewicz (Poland), Gilberto Bosques Saldivar (Mexico), Jose
Ruiz Santaella (Spain), Angel Sanz-Briz (Spain), Abdol-Hossein
Sardari (Iran), Henryk Slawik (Poland), Robert Smallbones
(United Kingdom), Jan Spisiak (Slovakia), Chiune (Sempo)
Sugihara (Japan), Ireanaeus Typaldos (Spain), Alexander
(Sandor) Ujvary (Vatican/Hungary), Selahattin Ulkumen (Turkey),
Gennaro Verolino (Vatican/Italy), Vladimir Vochoc (Czech
Republic), Ernst Vonrufs (Switzerland), Raoul Wallenberg
(Sweden), Guelfo Zamboni (Italy), Peter Zurcher (Switzerland),
and Jan Zwartendijk (Holland).
(2) On September 1, 1939, Adolf Hitler and the Nazis began
their invasion of Europe, which started World War II and threw
the world into chaos. The Nazi plan of mass murder of the
Jewish population was in full motion. As battles were being
fought between countries, Jews were being rounded up and sent
to concentration camps throughout Europe. This process began a
mass exodus of people out of Europe, especially those in the
Jewish community.
(3) During the war, members of the Jewish community used
every tool and means at their disposal to flee Nazi tyranny.
Thousands tried to flee on trains or boats to escape from
Europe.
(4) While the armies of countries were fighting each other,
a handful of diplomats, from around the world, stepped forward
and took heroic actions to save Jews fleeing Europe. This was
an incredibly dangerous process. If the Nazis discovered the
actions of these diplomats they would be expelled, as a few of
them were. Also, while worrying about the Nazis, diplomats had
to worry about their careers and livelihoods back home. Many of
them had strict orders from their home countries to not aid the
Jewish population in any way.
(5) These diplomats used every means at their disposal to
help Jews fleeing persecution. One of the most powerful tools
the diplomats had to use was the issuing of passports and
travel visas contrary to the instruction of the governments of
the diplomats. This process alone is responsible for saving
hundreds of thousands of Jewish families in Europe. This was
not the only tool used as many of the diplomats were connected
with the local populations and were great communicators for
Jews trying to travel underground. They were able set up
safehouses and getaways to hide Jews and especially Jewish
children from Nazi authorities. In the most dangerous of times,
several of these diplomats confronted the Nazis directly on
behalf of the Jews and personally put themselves in grave
danger.
(6) Every diplomat knew the dangers and knew what they were
up against, and still pushed forward to save those in the most
danger.
(7) The Congressional Gold Medal authorized under this Act
will help remind humanity that when the diplomats were faced
with terrible crises, they went beyond the fold, including
risking their careers and the lives of themselves and their
families, to engage in this humanitarian mission. The diplomats
of today and future generations can look towards these heroes
and be inspired by their lives of heroism and sacrifice.
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 single gold medal of appropriate design in honor of the 60
diplomats identified in section 2(1), in recognition of their brave and
vital service of saving Jews during World War II.
(b) Design and Striking.--For purposes of the presentation referred
to in subsection (a), the Secretary of the Treasury (referred to in
this Act as the ``Secretary'') shall strike a gold medal with suitable
emblems, devices, and inscriptions, to be determined by the Secretary.
(c) Presentation of Medal.--The gold medal presented under
subsection (a) shall be presented to the eldest next of kin of each of
the 60 diplomats identified in section 2(1), who shall receive the
medal as part of a delegation consisting of a senior official
representative of the country that each diplomat served and the
cochairs of the Forgotten Heroes of the Holocaust Committee.
(d) United States Holocaust Memorial Museum.--
(1) In general.--Following the award of the gold medal in
honor of the 60 diplomats identified in section 2(1), the gold
medal shall be given to the United States Holocaust Memorial
Museum, where it will be available for display as appropriate
and available for research.
(2) Sense of congress.--It is the sense of Congress that
the United States Holocaust Memorial Museum should make the
gold medal awarded pursuant to this Act available for display
elsewhere, particularly at appropriate locations associated
with Holocaust remembrance.
SEC. 4. DUPLICATE MEDALS.
The Secretary may strike and sell duplicates in bronze of the gold
medal struck under section 3, at a price sufficient to cover the costs
of the medals, including labor, materials, dies, use of machinery, and
overhead expenses.
SEC. 5. STATUS OF MEDALS.
(a) National Medal.--Medals struck pursuant to 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>
</pre></body></html>
|
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118S910
|
A bill to amend the Grand Ronde Reservation Act, and for other purposes.
|
[
[
"M001176",
"Sen. Merkley, Jeff [D-OR]",
"sponsor"
],
[
"W000779",
"Sen. Wyden, Ron [D-OR]",
"cosponsor"
]
] |
<p>This bill revises the land claims of the Confederated Tribes of the Grand Ronde Community of Oregon. In particular, the bill specifies that only the tribe's claims to the 84 acres of land known as the Thompson Strip, rather than the tribe's claims to any lands within Oregon, are extinguished.</p> <p>Additionally, the bill prohibits gaming on any real property obtained by the tribe as part of a land claim settlement approved by the United States, including any real property purchased with funds granted as part of any land claim settlement. </p>
|
<html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 910 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 910
To amend the Grand Ronde Reservation Act, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
March 22, 2023
Mr. Merkley (for himself and Mr. Wyden) introduced the following bill;
which was read twice and referred to the Committee on Indian Affairs
_______________________________________________________________________
A BILL
To amend the Grand Ronde Reservation 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. GRAND RONDE RESERVATION ACT AMENDMENTS.
Section 1(d) of Public Law 100-425 (commonly known as the ``Grand
Ronde Reservation Act'') (102 Stat. 1594; 108 Stat. 4566) is amended--
(1) in paragraph (1), by striking ``lands within the State
of Oregon'' and inserting ``the 84 acres known as the Thompson
Strip'';
(2) by redesignating paragraph (2) as paragraph (3); and
(3) by inserting after paragraph (1) the following:
``(2) Gaming prohibition.--Any real property obtained by
the Tribes as part of a land claim settlement approved by the
United States, including any real property purchased with funds
granted as part of any land claim settlement, shall not be
eligible, or used, for any class II gaming or class III gaming
under the Indian Gaming Regulatory Act (25 U.S.C. 2701 et seq.)
(as those terms are defined in section 4 of that Act (25 U.S.C.
2703)).''.
SEC. 2. TREATY RIGHTS OF FEDERALLY RECOGNIZED TRIBES.
Nothing in this Act, or an amendment made by this Act, shall be
construed to enlarge, confirm, adjudicate, affect, or modify any treaty
right of an Indian Tribe (as defined in section 4 of the Indian Self-
Determination and Education Assistance Act (25 U.S.C. 5304)).
<all>
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|
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118S911
|
Saracini Enhanced Aviation Safety Act of 2023
|
[
[
"C001070",
"Sen. Casey, Robert P., Jr. [D-PA]",
"sponsor"
]
] |
<p><strong>Saracini Enhanced Aviation Safety Act of 20</strong><b>23</b></p> <p>This bill requires the Federal Aviation Administration to issue an order requiring installation of a secondary cockpit barrier on commercial passenger aircraft.</p>
|
<html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 911 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 911
To require the installation of secondary cockpit barriers on existing
aircraft, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
March 22, 2023
Mr. Casey introduced the following bill; which was read twice and
referred to the Committee on Commerce, Science, and Transportation
_______________________________________________________________________
A BILL
To require the installation of secondary cockpit barriers on existing
aircraft, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Saracini Enhanced Aviation Safety
Act of 2023''.
SEC. 2. INSTALLATION OF SECONDARY COCKPIT BARRIERS ON EXISTING
AIRCRAFT.
(a) In General.--Not later than 18 months after the date of the
enactment of this Act, the Administrator of the Federal Aviation
Administration shall issue an order requiring installation of a
secondary cockpit barrier on each covered aircraft.
(b) Covered Aircraft.--In this section, the term ``covered
aircraft'' means a commercial passenger aircraft operating under the
provisions of part 121 of title 14, Code of Federal Regulations.
<all>
</pre></body></html>
|
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118S912
|
Mining Schools Act of 2023
|
[
[
"B001261",
"Sen. Barrasso, John [R-WY]",
"sponsor"
],
[
"M001183",
"Sen. Manchin, Joe, III [D-WV]",
"cosponsor"
],
[
"C001113",
"Sen. Cortez Masto, Catherine [D-NV]",
"cosponsor"
],
[
"S001198",
"Sen. Sullivan, Dan [R-AK]",
"cosponsor"
],
[
"R000605",
"Sen. Rounds, Mike [R-SD]",
"cosponsor"
],
[
"K000377",
"Sen. Kelly, Mark [D-AZ]",
"cosponsor"
],
[
"M001153",
"Sen. Murkowski, Lisa [R-AK]",
"cosponsor"
],
[
"H000273",
"Sen. Hickenlooper, John W. [D-CO]",
"cosponsor"
],
[
"S001191",
"Sen. Sinema, Kyrsten [I-AZ]",
"cosponsor"
],
[
"R000608",
"Sen. Rosen, Jacky [D-NV]",
"cosponsor"
],
[
"H001061",
"Sen. Hoeven, John [R-ND]",
"cosponsor"
],
[
"T000464",
"Sen. Tester, Jon [D-MT]",
"cosponsor"
]
] |
<html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 912 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 912
To require the Secretary of Energy to provide technology grants to
strengthen domestic mining education, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
March 22, 2023
Mr. Barrasso (for himself and Mr. Manchin) 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 provide technology grants to
strengthen domestic mining education, and for other 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 ``Technology Grants to Strengthen
Domestic Mining Education Act of 2023'' or the ``Mining Schools Act of
2023''.
SEC. 2. TECHNOLOGY GRANTS TO STRENGTHEN DOMESTIC MINING EDUCATION.
(a) Definitions.--In this section:
(1) Board.--The term ``Board'' means the Mining
Professional Development Advisory Board established by
subsection (d)(1).
(2) Mining industry.--The term ``mining industry'' means
the mining industry of the United States, consisting of the
search for, and extraction, beneficiation, refining, smelting,
and processing of, naturally occurring metal and nonmetal
minerals from the earth.
(3) Mining profession.--The term ``mining profession''
means the body of jobs directly relevant to--
(A) the exploration, planning, execution, and
remediation of metal and nonmetal mining sites; and
(B) the extraction, including the separation,
refining, alloying, smelting, concentration, and
processing, of mineral ores.
(4) Mining school.--The term ``mining school'' means--
(A) a mining, metallurgical, geological, or mineral
engineering program accredited by the Accreditation
Board for Engineering and Technology, Inc., that is
located at an institution of higher education (as
defined in section 101 of the Higher Education Act of
1965 (20 U.S.C. 1001)); or
(B) a geology or engineering program or department
that is located at a 4-year public institution of
higher education (as so defined) located in a State the
gross domestic product of which in 2021 was not less
than $2,000,000,000 in the combined categories of
``Mining (except oil and gas)'' and ``Support
activities for mining'', according to the Bureau of
Economic Analysis.
(5) Secretary.--The term ``Secretary'' means the Secretary
of Energy.
(b) Domestic Mining Education Strengthening Program.--The
Secretary, in consultation with the Secretary of the Interior (acting
through the Director of the United States Geological Survey), shall--
(1) establish a grant program to strengthen domestic mining
education; and
(2) under the program established in paragraph (1), award
competitive grants to mining schools for the purpose of
recruiting and educating the next generation of mining
engineers and other qualified professionals to meet the future
energy and mineral needs of the United States.
(c) Grants.--
(1) In general.--In carrying out the grant program
established under subsection (b)(1), the Secretary shall award
not more than 10 grants each year to mining schools.
(2) Selection requirements.--
(A) In general.--To the maximum extent practicable,
the Secretary shall select recipients for grants under
paragraph (1) to ensure geographic diversity among
grant recipients to ensure that region-specific
specialties are developed for region-specific geology.
(B) Timeline.--The Secretary shall award the grants
under paragraph (1) by not later than the later of--
(i) the date that is 180 days after the
start of the applicable fiscal year; and
(ii) the date that is 180 days after the
date on which the Act making full-year
appropriations for the Department of Energy for
the applicable fiscal year is enacted.
(3) Recommendations of the board.--
(A) In general.--In selecting recipients for grants
under paragraph (1) and determining the amount of each
grant, the Secretary, to the maximum extent
practicable, shall take into consideration the
recommendations of the Board under subparagraphs (A)
and (B) of subsection (d)(3).
(B) Selection statement.--In selecting recipients
for grants under paragraph (1), the Secretary shall--
(i) in response to a recommendation from
the Board, submit to the Board a statement that
describes--
(I) whether the Secretary accepts
or rejects, in whole or in part, the
recommendation of the Board; and
(II) the justification and
rationale for any rejection, in whole
or in part, of the recommendation of
the Board; and
(ii) not later than 15 days after awarding
a grant for which the Board submitted a
recommendation, publish the statement submitted
under clause (i) on the Department of Energy
website.
(4) Use of funds.--A mining school receiving a grant under
paragraph (1) shall use the grant funds--
(A) to recruit students to the mining school; and
(B) to enhance and support programs related to, as
applicable--
(i) mining, mineral extraction efficiency,
and related processing technology;
(ii) emphasizing critical mineral and rare
earth element exploration, extraction, and
refining;
(iii) reclamation technology and practices
for active mining operations;
(iv) the development of reprocessing
systems and technologies that facilitate
reclamation that fosters the recovery of
resources at abandoned mine sites;
(v) mineral extraction methods that reduce
environmental and human impacts;
(vi) technologies to extract, refine,
separate, smelt, or produce minerals, including
rare earth elements;
(vii) reducing dependence on foreign energy
and mineral supplies through increased domestic
critical mineral production;
(viii) enhancing the competitiveness of
United States energy and mineral technology
exports;
(ix) the extraction or processing of
coinciding mineralization, including rare earth
elements, within coal, coal processing
byproduct, overburden, or coal residue;
(x) enhancing technologies and practices
relating to mitigation of acid mine drainage,
reforestation, and revegetation in the
reclamation of land and water resources
adversely affected by mining;
(xi) enhancing exploration and
characterization of new or novel deposits,
including rare earth elements and critical
minerals within phosphate rocks, uranium-
bearing deposits, and other nontraditional
sources;
(xii) meeting challenges of extreme mining
conditions, such as deeper deposits or offshore
or cold region mining; and
(xiii) mineral economics, including
analysis of supply chains, future mineral
needs, and unconventional mining resources.
(d) Mining Professional Development Advisory Board.--
(1) In general.--There is established an advisory board, to
be known as the ``Mining Professional Development Advisory
Board''.
(2) Composition.--The Board shall be composed of 6 members,
to be appointed by the Secretary not later than 180 days after
the date of enactment of this Act, of whom--
(A) 3 shall be individuals who are actively working
in the mining profession and for the mining industry;
and
(B) 3 shall have experience in academia
implementing and operating professional skills training
and education programs in the mining sector.
(3) Duties.--The Board shall--
(A) evaluate grant applications received under
subsection (c) and make recommendations to the
Secretary for selection of grant recipients under that
subsection;
(B) propose the amount of the grant for each
applicant recommended to be selected under subparagraph
(A); and
(C) perform oversight to ensure that grant funds
awarded under subsection (c) are used for the purposes
described in paragraph (4) of that subsection.
(4) Term.--A member of the Board shall serve for a term of
4 years.
(5) Vacancies.--A vacancy on the Board--
(A) shall not affect the powers of the Board; and
(B) shall be filled in the same manner as the
original appointment was made by not later than 180
days after the date on which the vacancy occurs.
(e) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $10,000,000 for each of fiscal
years 2024 through 2031.
SEC. 3. REPEAL OF THE MINING AND MINERAL RESOURCES RESEARCH INSTITUTE
ACT OF 1984.
The Mining and Mineral Resources Research Institute Act of 1984 (30
U.S.C. 1221 et seq.) is repealed.
<all>
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118S913
|
Innovation and Development in Ecuador Act of 2023
|
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<html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 913 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 913
To make Ecuador eligible for designation as a beneficiary country under
the Caribbean Basin Economic Recovery Act.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
March 22, 2023
Mr. Risch (for himself and Mr. Menendez) introduced the following bill;
which was read twice and referred to the Committee on Finance
_______________________________________________________________________
A BILL
To make Ecuador eligible for designation as a beneficiary country under
the Caribbean Basin Economic Recovery Act.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Innovation and Development in
Ecuador Act of 2023''.
SEC. 2. ELIGIBILITY OF ECUADOR FOR DESIGNATION AS A BENEFICIARY COUNTRY
UNDER CARIBBEAN BASIN ECONOMIC RECOVERY ACT.
Section 212(b) of the Caribbean Basin Economic Recovery Act (19
U.S.C. 2702(b)) is amended by inserting after ``Dominica'' the
following new item:
``Ecuador''.
<all>
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118S914
|
ETAC Establishment Act of 2023
|
[
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"Sen. Risch, James E. [R-ID]",
"sponsor"
],
[
"M001183",
"Sen. Manchin, Joe, III [D-WV]",
"cosponsor"
]
] |
<html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 914 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 914
To establish an energy threat analysis center in the Department of
Energy.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
March 22, 2023
Mr. Risch (for himself and Mr. Manchin) introduced the following bill;
which was read twice and referred to the Committee on Energy and
Natural Resources
_______________________________________________________________________
A BILL
To establish an energy threat analysis center in the Department of
Energy.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Energy Threat Analysis Center
Establishment Act of 2023'' or the ``ETAC Establishment Act of 2023''.
SEC. 2. ENERGY THREAT ANALYSIS CENTER.
(a) Establishment.--As part of the program developed under section
40125(c) of the Infrastructure Investment and Jobs Act (42 U.S.C.
18724(c)), there is established in the Department of Energy an energy
threat analysis center (referred to in this Act as the ``Center'')--
(1) to enhance situational awareness of threats to the
security of the energy sector;
(2) to analyze threats against the security of the energy
sector;
(3) to identify relevant security threat mitigation
measures for energy systems; and
(4) to support relevant response and restoration activities
for the energy sector under existing constructs.
(b) Functions.--The functions of the Center shall include--
(1) establishing an operational collaborative environment,
physical and virtual, for the government and industry--
(A) to develop actionable operational information
relating to threats to the security of the energy
sector; and
(B) to develop and offer meaningful threat
mitigation advice and actions to enhance--
(i) the defense of, and response to
security threats to, the energy sector; and
(ii) the resilience of the United States
energy sector;
(2) enabling an exchange of information on threat activity
among government and industry to address energy security and
resilience and shared energy sector security threats relating
to national security, public health, safety, and the economy;
(3) improving detailed understanding of national security
risks associated with the energy sector that are or could be
exploited by adversaries, including nation-states;
(4) achieving a deeper understanding of the tactics,
capabilities, and activities of threat actors that have the
potential to impact systemic risks to the energy sector; and
(5) facilitating increased information sharing between
government and industry of actual acute threat activity,
including incidents, in a secure setting, physical and virtual,
to facilitate the energy security and resilience of the United
States.
(c) Coordination and Integration.--In carrying out the
responsibilities of the Center, the Center shall--
(1) coordinate with--
(A) the Department of Homeland Security, including
the Cybersecurity and Infrastructure Security Agency;
(B) the Department of Defense, including United
States Cyber Command, the National Security Agency, and
the Army Interagency Training and Education Center of
the National Guard Bureau;
(C) the Department of Justice, including the
Federal Bureau of Investigation;
(D) the Office of the Director of National
Intelligence; and
(E) other Federal agencies and departments, as
determined by the Secretary of Energy;
(2) ensure that the processes used by the Center are
performed in collaboration with the activities of the
Department of Homeland Security and the Department of Defense
relating to cybersecurity, including--
(A) the Joint Cyber Defense Collaborative of the
Cybersecurity and Infrastructure Security Agency; and
(B) the Cybersecurity Collaboration Center and
Enduring Security Framework of the National Security
Agency;
(3) regularly consult with appropriate representatives of
non-Federal entities, such as--
(A) State, local, federally-recognized Tribal, and
territorial governments;
(B) information sharing and analysis organizations,
including information sharing and analysis centers such
as the Electricity Information Sharing and Analysis
Center operated by the North American Electric
Reliability Corporation;
(C) owners and operators of energy sector
infrastructure; and
(D) other appropriate representatives or entities,
including private entities, such as manufacturers and
vendors, that contribute to the energy sector, as
determined by the Secretary of Energy;
(4) leverage the capabilities and services of advanced
technology providers, including--
(A) National Laboratories (as defined in section 2
of the Energy Policy Act of 2005 (42 U.S.C. 15801))
with relevant capabilities;
(B) commercial threat intelligence production
entities; and
(C) energy infrastructure vendors and integrators;
and
(5) as appropriate, protect information submitted to and
shared by the Center consistent with applicable laws and
regulations.
(d) No Right or Benefit.--
(1) In general.--The provision of assistance or information
to governmental or private entities under this section shall be
at the sole and unreviewable discretion of the Secretary of
Energy.
(2) Certain assistance or information.--The provision of
certain assistance or information to a governmental or private
entity pursuant to this section shall not create a right or
benefit, substantive or procedural, for any other governmental
or private entity to similar assistance or information.
(e) Entities of Concern.--No entity of concern (as defined in
section 10114(a) of the Research and Development, Competition, and
Innovation Act (Public Law 117-167)) shall participate in any manner in
carrying out the functions of the Center.
(f) Nonapplicability of FACA.--The Center shall be exempt from
complying with the requirements of chapter 10 of title 5, United States
Code (including regulations).
(g) Sunset.--The effectiveness of this section shall terminate on
the date that is 10 years after the date of enactment of this Act.
<all>
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118S915
|
A bill to require Presidential appointment and Senate confirmation of the Inspector General of the Board of Governors of the Federal Reserve System and the Bureau of Consumer Financial Protection.
|
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"Sen. Scott, Rick [R-FL]",
"sponsor"
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"Sen. Warren, Elizabeth [D-MA]",
"cosponsor"
],
[
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"Sen. Marshall, Roger [R-KS]",
"cosponsor"
],
[
"S001227",
"Sen. Schmitt, Eric [R-MO]",
"cosponsor"
],
[
"B001277",
"Sen. Blumenthal, Richard [D-CT]",
"cosponsor"
],
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"cosponsor"
],
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"cosponsor"
],
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"F000062",
"Sen. Feinstein, Dianne [D-CA]",
"cosponsor"
]
] |
<html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 915 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 915
To require Presidential appointment and Senate confirmation of the
Inspector General of the Board of Governors of the Federal Reserve
System and the Bureau of Consumer Financial Protection.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
March 22, 2023
Mr. Scott of Florida (for himself 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 require Presidential appointment and Senate confirmation of the
Inspector General of the Board of Governors of the Federal Reserve
System and the Bureau of Consumer Financial Protection.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. PRESIDENTIAL APPOINTMENT OF INSPECTOR GENERAL OF THE BOARD
OF GOVERNORS OF THE FEDERAL RESERVE SYSTEM AND THE BUREAU
OF CONSUMER FINANCIAL PROTECTION.
Chapter 4 of part I of title 5, United States Code, is amended--
(1) in section 401--
(A) in paragraph (1), by inserting ``the Board of
Governors of the Federal Reserve System and the Bureau
of Consumer Financial Protection,'' after ``National
Security Agency,''; and
(B) in paragraph (2), by inserting ``the Chairman
of the Board of Governors of the Federal Reserve
System;'' after ``National Security Agency;'';
(2) in section 415--
(A) in subsection (a)(1)(A), by striking ``the
Board of Governors of the Federal Reserve System and
the Bureau of Consumer Financial Protection,'';
(B) in subsection (c), by striking the third and
fourth sentences; and
(C) in subsection (g)--
(i) by striking paragraph (3); and
(ii) by redesignating paragraph (4) as
paragraph (3);
(3) in section 418, by striking ``or 421'' and inserting
``421, or 425''; and
(4) by adding at the end the following:
``Sec. 425. Special provisions concerning the Board of Governors of the
Federal Reserve System and the Bureau of Consumer
Financial Protection
``(a) In General.--The Inspector General of the Board of Governors
of the Federal Reserve System and the Bureau of Consumer Financial
Protection shall have all of the authorities and responsibilities
provided by this chapter--
``(1) with respect to the Bureau of Consumer Financial
Protection, as if the Bureau were part of the Board of
Governors of the Federal Reserve System; and
``(2) with respect to a Federal reserve bank without the
permission of the Federal reserve bank.
``(b) Relationship to Department of Treasury.--The provisions of
subsection (a) of section 412 of this title (other than the provisions
of subparagraphs (A), (B), (C), and (E) of subsection (a)(1) of section
412 of this title) shall apply to the Inspector General of the Board of
Governors of the Federal Reserve System and the Bureau of Consumer
Financial Protection and the Chairman of the Board of Governors of the
Federal Reserve System in the same manner as such provisions apply to
the Inspector General of the Department of the Treasury and the
Secretary of the Treasury, respectively.''.
<all>
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118S916
|
Junk Fee Prevention Act
|
[
[
"B001277",
"Sen. Blumenthal, Richard [D-CT]",
"sponsor"
],
[
"W000802",
"Sen. Whitehouse, Sheldon [D-RI]",
"cosponsor"
],
[
"C001070",
"Sen. Casey, Robert P., Jr. [D-PA]",
"cosponsor"
]
] |
<html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 916 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 916
To limit and eliminate excessive, hidden, and unnecessary fees imposed
on consumers, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
March 22, 2023
Mr. Blumenthal (for himself and Mr. Whitehouse) introduced the
following bill; which was read twice and referred to the Committee on
Commerce, Science, and Transportation
_______________________________________________________________________
A BILL
To limit and eliminate excessive, hidden, and unnecessary fees imposed
on consumers, and for other 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 ``Junk Fee Prevention Act''.
SEC. 2. PROTECTING CONSUMERS FROM EXCESSIVE AND HIDDEN FEES.
(a) Protecting Consumers From Hidden Fees.--A covered entity shall
clearly and conspicuously display, in each advertisement and when a
price is first shown to a consumer, the total price of the good or
service provided by the covered entity, including any mandatory fees a
consumer would incur during the transaction, which shall not change
during the purchase process.
(b) Excessive Fees.--A covered entity shall not impose on a
consumer or advertise any mandatory fees that are excessive or
deceptive for any good or service offered by the covered entity.
(c) Ticket Holdbacks.--If a good or service provided by a covered
entity is a ticket to a sporting event, theater, musical performance,
or an event at a place of public amusement of any kind, the covered
entity shall, not less than 72 hours prior to the first public sale or
presale of such ticket, clearly and conspicuously disclose to the
public, including at the point of sale, the total number of tickets
offered for sale by the covered entity or available for the given
event.
(d) Protecting Refunds.--A covered entity shall clearly and
conspicuously disclose any guarantee or refund policy prior to the
completion of a transaction by the consumer and, in the event of a
refund, provide a refund in the amount of the total cost of the ticket
including any mandatory fees.
(e) Speculative Ticketing.--If a covered entity does not possess a
ticket at the time of the sale, it shall provide to the consumer--
(1) a clear and conspicuous notice that the covered entity
does not possess the ticket; and
(2) a full refund if the covered entity cannot provide the
ticket advertised to the consumer in a timely manner prior to
the event.
(f) Rulemaking on Excessive and Hidden Fees.--The Federal Trade
Commission may promulgate rules in accordance with section 553 of title
5, United States Code, regarding the disclosure and imposition of
mandatory or deceptive fees, including any such fee not described in
subsections (a) through (e).
(g) Excessive Fees.--In considering whether a mandatory fee is
excessive, the Federal Trade Commission or court shall take into
consideration--
(1) whether the fee is reasonable and proportional to the
cost of the good or service provided by the covered entity;
(2) the reason for which the covered entity charges such
fee; and
(3) any other factors determined appropriate by the Federal
Trade Commission or the court.
(h) Enforcement.--
(1) Enforcement by the commission.--
(A) Unfair or deceptive acts or practices.--A
violation this section or a regulation promulgated
thereunder shall be treated as a violation of a rule
defining an unfair or deceptive act or practice under
section 18(a)(1)(B) of the Federal Trade Commission Act
(15 U.S.C. 57a(a)(1)(B)).
(B) Powers of the commission.--
(i) In general.--The Federal Trade
Commission shall enforce this section in the
same manner, by the same means, and with the
same jurisdiction, powers, and duties as though
all applicable terms and provisions of the
Federal Trade Commission Act (15 U.S.C. 41 et
seq.) were incorporated into and made a part of
this section.
(ii) Privileges and immunities.--Any person
who violates this section or a 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.).
(iii) Authority preserved.--Nothing in this
section shall be construed to limit the
authority of the Federal Trade Commission under
any other provision of law.
(2) Enforcement by states.--
(A) In general.--If the attorney general of a State
has reason to believe that a covered entity has
violated or is violating this section or a regulation
promulgated thereunder that affects the residents of
that State, the State, as parens patriae, may bring a
civil action in any appropriate district court of the
United States, to--
(i) enjoin any further violation by the
covered entity;
(ii) enforce compliance with this section
or such regulation;
(iii) obtain other remedies permitted under
State law; and
(iv) obtain damages, restitution, or other
compensation on behalf of residents of the
State.
(B) Notice.--The attorney general of a State shall
provide prior written notice of any action under
subparagraph (A) to the Commission and provide the
Commission with a copy of the complaint in the action,
except in any case in which such prior notice is not
feasible, in which case the attorney general shall
serve such notice immediately upon instituting such
action.
(C) Intervention by the commission.--Upon receiving
notice under subparagraph (B), the Commission shall
have the right--
(i) to intervene in the action;
(ii) upon so intervening, to be heard on
all matters arising therein; and
(iii) to file petitions for appeal.
(D) Limitation on state action while federal action
is pending.--If the Commission has instituted a civil
action for violation of this section or a regulation
promulgated thereunder, no State attorney general, or
official or agency of a State, may bring a separate
action under subparagraph (A) during the pendency of
that action against any defendant named in the
complaint of the Commission for any violation of this
section or a regulation promulgated thereunder that is
alleged in the complaint. A State attorney general, or
official or agency of a State, may join a civil action
for a violation of this section or a regulation
promulgated thereunder filed by the Commission.
(E) Rule of construction.--For purposes of bringing
a civil action under subparagraph (A), nothing in this
section shall be construed to prevent the chief law
enforcement officer or official or agency of a State,
from exercising the powers conferred on such chief law
enforcement officer or official or agency of a State,
by the laws of the State to conduct investigations,
administer oaths or affirmations, or compel the
attendance of witnesses or the production of
documentary and other evidence.
(i) Definitions.--In this section:
(1) Covered entity.--
(A) In general.--The term ``covered entity''
means--
(i) a provider of short-term lodging or an
entity that advertises rates or the purchase of
short-term lodging;
(ii) a provider of a ticketing service that
sells tickets for an event or retains the
authority to otherwise distribute tickets for
such event, whether as a primary seller of
tickets or in the secondary marketplace for
ticket sales; or
(iii) any other entity determined
appropriate by the Commission through a
rulemaking in accordance with section 553 of
title 5, United States Code.
(B) Short-term lodging.--For purposes of
subparagraph (A), the term ``short-term lodging'' means
any lodging that is offered for an occupancy of less
than 6 months.
(2) Mandatory fee.--The term ``mandatory fee'' includes--
(A) any fee or surcharge that a consumer is
required to pay to purchase a good or service being
advertised;
(B) a fee or surcharge that is not reasonably
avoidable;
(C) a fee or surcharge for a good or service that a
reasonable consumer would not expect to be included
with the purchase of the good or service being
advertised; or
(D) any other fee or surcharge determined
appropriate by the Commission.
SEC. 3. COMMUNICATIONS SERVICE FEES.
(a) Ending Early Termination Fees.--
(1) In general.--A provider of a covered service may not
charge a fee to, or impose a requirement that is excessive or
unreasonable on, a consumer for the early termination of a
covered service.
(2) Device purchase and return.--Subsection (a) shall not
prevent a provider of a covered service from charging a
consumer for--
(A) the cost of rental or loan equipment that is
not returned to the provider within a reasonable period
of time; or
(B) the outstanding cost of a purchased device.
(3) Regulations.--The Federal Communications Commission may
promulgate regulations to carry out this subsection.
(b) Rulemaking on Mandatory Fees.--Not later than 180 days after
the date of enactment of this Act, the Federal Communications
Commission shall commence a rulemaking proceeding--
(1) to consider whether and how the Federal Communications
Commission should--
(A) require the disclosure of mandatory fees with
respect to a covered service; or
(B) prohibit the imposition of mandatory fees with
respect to a covered service, in particular any such
fee that a consumer would reasonably assume to be
included in the advertised price of such service; and
(2) in which the Federal Communications Commission may
promulgate regulations to implement the requirements or
prohibitions described in paragraph (1).
(c) Enforcement.--
(1) In general.--A violation of this section or a
regulation promulgated under this section shall be treated as a
violation of the Communications Act of 1934 (47 U.S.C. 151 et
seq.) or a regulation promulgated under that Act.
(2) Manner of enforcement.--The Federal Communications
Commission shall enforce this section and the regulations
promulgated under this section in the same manner, by the same
means, and with the same jurisdiction, powers, and duties as
though all applicable terms and provisions of the
Communications Act of 1934 (47 U.S.C. 151 et seq.) were
incorporated into and made a part of this section.
(d) Definitions.--In this section:
(1) Covered service.--The term ``covered service''--
(A) means--
(i) internet service;
(ii) voice service (as defined in section
227(e)(8) of the Communications Act of 1934 (47
U.S.C. 227(e)(8));
(iii) commercial mobile service (as defined
in section 332(d) of the Communications Act of
1934 (47 U.S.C. 332(d));
(iv) commercial mobile data service (as
defined in section 6001 of the Middle Class Tax
Relief and Job Creation Act of 2012 (47 U.S.C.
1401)); or
(v) a service provided by a multichannel
video programming distributor (as defined in
section 602 of the Communications Act of 1934
(47 U.S.C. 522)), to the extent that such
distributor is acting as a multichannel video
programming distributor; and
(B) includes any other service offered or provided
as part of a bundle or package with any service
described in clauses (i) through (v) of subparagraph
(A).
(2) Mandatory fee.--The term ``mandatory fee'' includes--
(A) any fee or surcharge that a consumer is
required to pay to purchase a good or service being
advertised;
(B) a fee or surcharge that is not reasonably
avoidable;
(C) a fee or surcharge for a good or service that a
reasonable consumer would not expect to be included
with the purchase of the good or service being
advertised; or
(D) any other fee or surcharge determined
appropriate by the Federal Communications Commission.
SEC. 4. SEATING YOUNG CHILDREN ADJACENT TO AN ACCOMPANYING ADULT
PASSENGER.
(a) In General.--Subchapter I of chapter 417 of title 49, United
States Code is amended by adding at the end the following:
``Sec. 41727. Seating young children adjacent to an accompanying adult
on aircraft.
``(a) Applicability.--The requirements of this section apply for
the purposes of each scheduled flight segment to or from any airport in
the United States.
``(b) General Requirement.--
``(1) Assigned seats.--Subject to subsection (f), an air
carrier or foreign air carrier that assigns seats, or allows
individuals to select seats, in advance of the date of
departure of a flight shall seat each young child adjacent to
an accompanying adult, provided that adjacent seat assignments
are available at any time after the ticket is issued for the
young child and before the first passenger boards the flight.
``(2) Unassigned seats.--Subject to subsection (f), an air
carrier or foreign air carrier that does not assign seats or
allow individuals to select seats in advance of the date of
departure shall board customers in a manner that ensures each
young child is seated adjacent to an accompanying adult.
``(3) Prohibition on fees.--
``(A) In general.--An air carrier or foreign air
carrier may not charge a fee or impose an additional
cost to seat a young child adjacent to an accompanying
adult within the same class of service.
``(B) Class of service requirement.--Every class of
service an air carrier or foreign air carrier offers
must allow for seating of a young child adjacent to an
accompanying adult.
``(C) Prohibition on availability limits.--An air
carrier or foreign air carrier may not limit the
availability of adjacent seats in a manner that results
in an undue burden on the ability of a young child to
receive an advance seat assignment adjacent to an
accompanying adult.
``(c) Additional Requirements for Advance Seating.--
``(1) In general.--Subject to subsection (f), an air
carrier or foreign air carrier that allows individuals to
select seats or that assigns seats at the time of booking a
flight shall provide, not later than 48 hours after the
issuance of the ticket for each young child--
``(A) a seat assignment for the young child
adjacent to the seat assignment of an accompanying
adult for each flight segment of the ticket at no
additional cost, provided that adjacent seat
assignments are available; or
``(B) in the event that adjacent seat assignments
are not available as described in subparagraph (A), an
accompanying adult the choice of--
``(i) a full refund of the cost of the
tickets for the young child and the
accompanying adult, as well as any other
individual on the same reservation; or
``(ii) waiting for adjacent seat
assignments to be provided by the carrier.
``(2) Required option period.--The air carrier or foreign
air carrier shall provide the accompanying adult a period of
not less than 7 days from the date of notification of the
choice described in paragraph (1)(B) to make a selection
between the options described in clauses (i) and (ii) of such
paragraph.
``(3) No available adjacent seat assignment.--In the event
that an accompanying adult chooses the option described in
paragraph (1)(B)(ii) and adjacent seat assignments for the
young child and the accompanying adult on a ticketed flight
segment do not become available before the first passenger
boards the flight, the air carrier or foreign air carrier
shall, at the choice of an accompanying adult--
``(A) rebook the young child and the accompanying
adult, as well as any other individual on the same
reservation, on the next available flight at no
additional cost; or
``(B) transport the young child and the
accompanying adult on their original ticketed flight
segment in seats that are not adjacent, when seats on
the aircraft are available.
``(d) Additional Requirements To Mitigate Passenger Harm in Event
of Violation.--An air carrier or foreign air carrier that violates
subsection (b) or (c) shall, at the choice of an accompanying adult--
``(1) rebook the young child and the accompanying adult, as
well as any other individual on the same reservation, on the
next available flight at no additional cost;
``(2) provide--
``(A) a full refund of the cost of the tickets for
the young child and the accompanying adult, as well as
any other individual on the same reservation; and
``(B) if such individuals are at a connecting
airport, return air transportation for such individuals
to their origination airport at no additional cost; or
``(3) transport the young child and the accompanying adult
on their original ticketed flight segment in seats that are not
adjacent, when seats on the aircraft are available.
``(e) Enforcement.--
``(1) In general.--An air carrier or foreign air carrier
that violates a requirement of this section is subject to civil
penalties as set forth in section 46301 and other applicable
remedies under this part.
``(2) Investigations of complaints.--
``(A) In general.--The Secretary shall promptly
investigate each complaint alleging a violation of this
section that is received by the Department of
Transportation.
``(B) Publication of data.--The Secretary shall
publish data on complaints alleging violations of this
section in a manner comparable to other consumer
complaint data.
``(f) Exceptions.--Subsections (b) and (c) shall not apply to the
extent that--
``(1) the young child does not have an accompanying adult
traveling with such child;
``(2) an accompanying adult selects a seat apart from the
young child or declines to accept a seat assignment or a seat
that is adjacent to the seat assignment or seat of the young
child offered without additional cost by the air carrier or
foreign air carrier;
``(3) the number of young children traveling in the same
party make it impossible for the air carrier or foreign air
carrier to seat all the young children adjacent to an
accompanying adult based on the seat layout of the aircraft; or
``(4) an exception to subsection (b) or (c) deemed
appropriate by final rule of the Secretary applies.
``(g) Definitions.--In this section:
``(1) Accompanying adult.--The term `accompanying adult'
means, with respect to a young child, an individual who is--
``(A) 14 years of age or older on the date of the
scheduled departure of the flight; and
``(B) on the same reservation record as the young
child.
``(2) Adjacent.--The term `adjacent' means, with respect to
the seat of a young child, a seat that is--
``(A) next to and in the same row of the aircraft
as the seat of the young child; and
``(B) not separated by an aisle.
``(3) Available.--The term `available', when used in
connection with seats or seat assignments, means capable of
assignment by the air carrier or foreign air carrier without--
``(A) an upgrade of a young child or an
accompanying adult to a different class of service than
ticketed; and
``(B) displacing an individual with an assigned
seat.
``(4) Class of service.--The term `class of service' means
first class, business class, general economy (including basic
economy), or premium economy.
``(5) No additional cost.--The term `no additional cost'
means no added charge for the seat beyond the fare.
``(6) Secretary.--The term `Secretary' means the Secretary
of Transportation.
``(7) Young child.--The term `young child' means an
individual who is 13 years of age or younger on the date of the
scheduled departure of the flight.
``(h) Regulations.--The Secretary may issue regulations to
implement this section, including regulations that amend the
definitions in subsection (g).
``(i) Effective Date.--This section shall take effect on the date
that is 180 days after the date of the enactment of the this
section.''.
(b) Clerical Amendment.--The analysis of chapter 417 of title 49,
United States Code, is amended by inserting after the item relating to
section 41726 the following:
``41727. Seating young children adjacent to an accompanying adult on
aircraft.''.
(c) Repeal of FAA Extension, Safety, and Security Act of 2016
Family Seating Provision.--Section 2309 of the FAA Extension, Safety,
and Security Act of 2016 (49 U.S.C. 42301 note prec.) is repealed.
<all>
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118S917
|
Securing Open Source Software Act of 2023
|
[
[
"P000595",
"Sen. Peters, Gary C. [D-MI]",
"sponsor"
],
[
"H001089",
"Sen. Hawley, Josh [R-MO]",
"cosponsor"
]
] |
<html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 917 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 917
To establish the duties of the Director of the Cybersecurity and
Infrastructure Security Agency regarding open source software security,
and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
March 22, 2023
Mr. Peters (for himself and Mr. Hawley) introduced the following bill;
which was read twice and referred to the Committee on Homeland Security
and Governmental Affairs
_______________________________________________________________________
A BILL
To establish the duties of the Director of the Cybersecurity and
Infrastructure Security Agency regarding open source software security,
and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Securing Open Source Software Act of
2023''.
SEC. 2. FINDINGS.
Congress finds that--
(1) open source software fosters technology development and
is an integral part of overall cybersecurity;
(2) a secure, healthy, vibrant, and resilient open source
software ecosystem is crucial for ensuring the national
security and economic vitality of the United States;
(3) open source software is part of the foundation of
digital infrastructure that promotes a free and open internet;
(4) due to both the unique strengths of open source
software and inconsistent historical investment in open source
software security, there exist unique challenges in securing
open source software; and
(5) the Federal Government should play a supporting role in
ensuring the long-term security of open source software.
SEC. 3. OPEN SOURCE SOFTWARE SECURITY DUTIES.
(a) In General.--Title XXII of the Homeland Security Act of 2002 (6
U.S.C. 650 et seq.) is amended--
(1) in section 2200 (6 U.S.C. 650)--
(A) by redesignating paragraphs (22) through (28)
as paragraphs (25) through (31), respectively; and
(B) by inserting after paragraph (21) the
following:
``(22) Open source software.--The term `open source
software' means software for which the human-readable source
code is made available to the public for use, study, re-use,
modification, enhancement, and re-distribution.
``(23) Open source software community.--The term `open
source software community' means the community of individuals,
foundations, nonprofit organizations, corporations, and other
entities that--
``(A) develop, contribute to, maintain, and publish
open source software; or
``(B) otherwise work to ensure the security of the
open source software ecosystem.
``(24) Open source software component.--The term `open
source software component' means an individual repository of
open source software that is made available to the public.'';
(2) in section 2202(c) (6 U.S.C. 652(c))--
(A) in paragraph (13), by striking ``and'' at the
end;
(B) by redesignating paragraph (14) as paragraph
(15); and
(C) by inserting after paragraph (13) the
following:
``(14) support, including by offering services, the secure
usage and deployment of software, including open source
software, in the software development lifecycle at Federal
agencies in accordance with section 2220E; and''; and
(3) by adding at the end the following:
``SEC. 2220F. OPEN SOURCE SOFTWARE SECURITY DUTIES.
``(a) Definition.--In this section, the term `software bill of
materials' has the meaning given the term in the Minimum Elements for a
Software Bill of Materials published by the Department of Commerce, or
any superseding definition published by the Agency.
``(b) Employment.--The Director shall, to the greatest extent
practicable, employ individuals in the Agency who--
``(1) have expertise and experience participating in the
open source software community; and
``(2) perform the duties described in subsection (c).
``(c) Duties of the Director.--
``(1) In general.--The Director shall--
``(A) perform outreach and engagement to bolster
the security of open source software;
``(B) support Federal efforts to strengthen the
security of open source software;
``(C) coordinate, as appropriate, with non-Federal
entities on efforts to ensure the long-term security of
open source software;
``(D) serve as a public point of contact regarding
the security of open source software for non-Federal
entities, including State, local, Tribal, and
territorial partners, the private sector, international
partners, open source software organizations, and open
source software developers; and
``(E) support Federal and non-Federal supply chain
security efforts by encouraging efforts to bolster open
source software security, such as--
``(i) assisting in coordinated
vulnerability disclosures in open source
software components pursuant to section
2209(n); and
``(ii) supporting the activities of the
Federal Acquisition Security Council.
``(2) Assessment of critical open source software
components.--
``(A) Framework.--Not later than 1 year after the
date of enactment of this section, the Director shall
publicly publish a framework, incorporating government,
industry, and open source software community frameworks
and best practices, including those published by the
National Institute of Standards and Technology, for
assessing the risk of open source software components,
including direct and indirect open source software
dependencies, which shall incorporate, at a minimum--
``(i) the security properties of code in a
given open source software component, such as
whether the code is written in a memory-safe
programming language;
``(ii) the security practices of
development, build, and release processes of a
given open source software component, such as
the use of multi-factor authentication by
maintainers and cryptographic signing of
releases;
``(iii) the number and severity of publicly
known, unpatched vulnerabilities in a given
open source software component;
``(iv) the breadth of deployment of a given
open source software component;
``(v) the level of risk associated with
where a given open source software component is
integrated or deployed, such as whether the
component operates on a network boundary or in
a privileged location; and
``(vi) the health of the community for a
given open source software component,
including, where applicable, the level of
current and historical investment and
maintenance in the open source software
component, such as the number and activity of
individual maintainers.
``(B) Updating framework.--Not less frequently than
annually after the date on which the framework is
published under subparagraph (A), the Director shall--
``(i) determine whether updates are needed
to the framework described in subparagraph (A),
including the augmentation, addition, or
removal of the elements described in clauses
(i) through (vi) of such subparagraph; and
``(ii) if the Director determines that
additional updates are needed under clause (i),
make those updates to the framework.
``(C) Developing framework.--In developing the
framework described in subparagraph (A), the Director
shall consult with--
``(i) appropriate Federal agencies,
including the National Institute of Standards
and Technology;
``(ii) individuals and nonprofit
organizations from the open source software
community; and
``(iii) private companies from the open
source software community.
``(D) Usability.--The Director shall ensure, to the
greatest extent practicable, that the framework
described in subparagraph (A) is usable by the open
source software community, including through the
consultation described in subparagraph (C).
``(E) Federal open source software assessment.--Not
later than 1 year after the publication of the
framework described in subparagraph (A), and not less
frequently than every 2 years thereafter, the Director
shall, to the greatest extent practicable and using the
framework described in subparagraph (A)--
``(i) perform an assessment of open source
software components used directly or indirectly
by Federal agencies based on readily available,
and, to the greatest extent practicable,
machine readable, information, such as--
``(I) software bills of material
that are, at the time of the
assessment, made available to the
Agency or are otherwise accessible via
the internet;
``(II) software inventories,
available to the Director at the time
of the assessment, from the Continuous
Diagnostics and Mitigation program of
the Agency; and
``(III) other publicly available
information regarding open source
software components; and
``(ii) develop 1 or more ranked lists of
components described in clause (i) based on the
assessment, such as ranked by the criticality,
level of risk, or usage of the components, or a
combination thereof.
``(F) Automation.--The Director shall, to the
greatest extent practicable, automate the assessment
conducted under subparagraph (E).
``(G) Publication.--The Director shall publicly
publish and maintain any tools developed to conduct the
assessment described in subparagraph (E) as open source
software.
``(H) Sharing.--
``(i) Results.--The Director shall
facilitate the sharing of the results of the
assessment described in subparagraph (E) with
appropriate Federal and non-Federal entities
working to support the security of open source
software, including by offering means for
appropriate Federal and non-Federal entities to
download the assessment in an automated manner.
``(ii) Datasets.--The Director may publicly
publish, as appropriate, any datasets or
versions of the datasets developed or
consolidated as a result of the assessment
described in subparagraph (E).
``(I) Critical infrastructure assessment study and
pilot.--
``(i) Study.--Not later than 2 years after
the publication of the framework described in
subparagraph (A), the Director shall conduct a
study regarding the feasibility of the Director
conducting the assessment described in
subparagraph (E) for critical infrastructure
entities.
``(ii) Pilot.--
``(I) In general.--If the Director
determines that the assessment
described in clause (i) is feasible,
the Director may conduct a pilot
assessment on a voluntary basis with 1
or more critical infrastructure
sectors, in coordination with the
Sector Risk Management Agency and the
sector coordinating council of each
participating sector.
``(II) Termination.--If the
Director proceeds with the pilot
described in clause (ii), the pilot
shall terminate on the date that is 2
years after the date on which the
Director begins the pilot.
``(iii) Reports.--
``(I) Study.--Not later than 180
days after the date on which the
Director completes the study conducted
under clause (i), the Director shall
submit to the appropriate congressional
committees a report that--
``(aa) summarizes the
study; and
``(bb) states whether the
Director plans to proceed with
the pilot described in clause
(ii).
``(II) Pilot.--If the Director
proceeds with the pilot described in
clause (ii), not later than 1 year
after the date on which the Director
begins the pilot, the Director shall
submit to the appropriate congressional
committees a report that includes--
``(aa) a summary of the
results of the pilot; and
``(bb) a recommendation as
to whether the activities
carried out under the pilot
should be continued after the
termination of the pilot
described in clause (ii)(II).
``(3) Coordination with national cyber director.--The
Director shall--
``(A) brief the National Cyber Director on the
activities described in this subsection; and
``(B) coordinate activities with the National Cyber
Director, as appropriate.
``(4) Reports.--
``(A) In general.--Not later than 1 year after the
date of enactment of this section, and every 2 years
thereafter, the Director shall submit to the
appropriate congressional committees a report that
includes--
``(i) a summary of the work on open source
software security performed by the Director
during the period covered by the report,
including a list of the Federal and non-Federal
entities with which the Director interfaced;
``(ii) the framework developed under
paragraph (2)(A);
``(iii) a summary of any updates made to
the framework developed under paragraph (2)(A)
pursuant to paragraph (2)(B) since the last
report submitted under this subparagraph;
``(iv) a summary of the assessment
conducted pursuant to paragraph (2)(E);
``(v) a summary of changes made to the
assessment conducted pursuant to paragraph
(2)(E) since the last report submitted under
this subparagraph, including overall security
trends; and
``(vi) a summary of the types of entities
with which the assessment was shared pursuant
to paragraph (2)(H), including a list of the
Federal and non-Federal entities with which the
assessment was shared.
``(B) Public report.--Not later than 30 days after
the date on which the Director submits a report
required under subparagraph (A), the Director shall
make a version of the report publicly available on the
website of the Agency.''.
(b) Technical and Conforming Amendment.--The table of contents in
section 1(b) of the Homeland Security Act of 2002 (Public Law 107-296;
116 Stat. 2135) is amended by inserting after the item relating to
section 2220E the following:
``Sec. 2220F. Open source software security duties.''.
SEC. 4. SOFTWARE SECURITY ADVISORY SUBCOMMITTEE.
Section 2219(d)(1) of the Homeland Security Act of 2002 (6 U.S.C.
665e(d)(1)) is amended by adding at the end the following:
``(E) Software security, including open source
software security.''.
SEC. 5. OPEN SOURCE SOFTWARE GUIDANCE.
(a) Definitions.--In this section:
(1) Appropriate congressional committee.--The term
``appropriate congressional committee'' has the meaning given
the term in section 2 of the Homeland Security Act of 2002 (6
U.S.C. 101).
(2) Covered agency.--The term ``covered agency'' means an
agency described in section 901(b) of title 31, United States
Code.
(3) Director.--The term ``Director'' means the Director of
the Office of Management and Budget.
(4) National security system.--The term ``national security
system'' has the meaning given the term in section 3552 of
title 44, United States Code.
(5) Open source software; open source software community.--
The terms ``open source software'' and ``open source software
community'' have the meanings given those terms in section 2200
of the Homeland Security Act of 2002 (6 U.S.C. 650), as amended
by section 3 of this Act.
(b) Guidance.--
(1) In general.--Not later than 1 year after the date of
enactment of this Act, the Director, in coordination with the
National Cyber Director, the Director of the Cybersecurity and
Infrastructure Security Agency, and the Administrator of
General Services, shall issue guidance on the responsibilities
of the chief information officer at each covered agency
regarding open source software, which shall include--
(A) how chief information officers at each covered
agency should, considering industry and open source
software community best practices--
(i) manage and reduce risks of using open
source software; and
(ii) guide contributing to and releasing
open source software;
(B) how chief information officers should enable,
rather than inhibit, the secure usage of open source
software at each covered agency;
(C) any relevant updates to the Memorandum M-16-21
issued by the Office of Management and Budget on August
8, 2016, entitled, ``Federal Source Code Policy:
Achieving Efficiency, Transparency, and Innovation
through Reusable and Open Source Software''; and
(D) how covered agencies may contribute publicly to
open source software that the covered agency uses,
including how chief information officers should
encourage those contributions.
(2) Exemption of national security systems.--The guidance
issued under paragraph (1) shall not apply to national security
systems.
(c) Pilot.--
(1) In general.--Not later than 1 year after the date of
enactment of this Act, the chief information officer of each
covered agency selected under paragraph (2), in coordination
with the Director, the National Cyber Director, the Director of
the Cybersecurity and Infrastructure Security Agency, and the
Administrator of General Services, shall establish a pilot open
source function at the covered agency that--
(A) is modeled after open source program offices,
such as those in the private sector, the nonprofit
sector, academia, and other non-Federal entities; and
(B) shall--
(i) support the secure usage of open source
software at the covered agency;
(ii) develop policies and processes for
contributions to and releases of open source
software at the covered agency, in
consultation, as appropriate, with the offices
of general counsel and procurement of the
covered agency;
(iii) interface with the open source
software community; and
(iv) manage and reduce risks of using open
source software at the covered agency.
(2) Selection of pilot agencies.--The Director, in
coordination with the National Cyber Director, the Director of
the Cybersecurity and Infrastructure Security Agency, and the
Administrator of General Services, shall select not less than 1
and not more than 5 covered agencies to conduct the pilot
described in paragraph (1).
(3) Assessment.--Not later than 1 year after the
establishment of the pilot open source functions described in
paragraph (1), the Director, in coordination with the National
Cyber Director, the Director of the Cybersecurity and
Infrastructure Security Agency, and the Administrator of
General Services, shall assess whether open source functions
should be established at some or all covered agencies,
including--
(A) how to organize those functions within covered
agencies, such as the creation of open source program
offices; and
(B) appropriate roles and responsibilities for
those functions.
(4) Guidance.--Notwithstanding the termination of the pilot
open source functions under paragraph (5), if the Director
determines, based on the assessment described in paragraph (3),
that some or all of the open source functions should be
established at some or all covered agencies, the Director, in
coordination with the National Cyber Director, the Director of
the Cybersecurity and Infrastructure Security Agency, and the
Administrator of General Services, shall issue guidance on the
implementation of those functions.
(5) Termination.--The pilot open source functions described
in paragraph (1) shall terminate not later than 4 years after
the establishment of the pilot open source functions.
(d) Briefing and Report.--The Director shall--
(1) not later than 1 year after the date of enactment of
this Act, brief the appropriate congressional committees on the
guidance issued under subsection (b); and
(2) not later than 540 days after the establishment of the
pilot open source functions under subsection (c)(1), submit to
the appropriate congressional committees a report on--
(A) the pilot open source functions; and
(B) the results of the assessment conducted under
subsection (c)(3).
(e) Duties.--Section 3554(b) of title 44, United States Code, is
amended--
(1) in paragraph (7), by striking ``and'' at the end;
(2) in paragraph (8), by striking the period at the end and
inserting ``; and''; and
(3) by adding at the end the following:
``(9) plans and procedures to ensure the secure usage and
development of software, including open source software.''.
SEC. 6. RULE OF CONSTRUCTION.
Nothing in this Act or the amendments made by this Act shall be
construed to provide any additional regulatory authority to any Federal
agency described therein.
<all>
</pre></body></html>
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[
"Government Operations and Politics",
"Advisory bodies",
"Computer security and identity theft",
"Computers and information technology",
"Congressional oversight",
"Government information and archives",
"Government studies and investigations",
"Performance measurement"
] |
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118S918
|
SECURE Flights Act of 2023
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]
] |
<html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 918 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 918
To direct the Administrator of the Transportation Security
Administration to prohibit the use of certain identification documents
at airport security checkpoints, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
March 22, 2023
Mr. Rubio (for himself, Mr. Crapo, Mr. Risch, Mrs. Capito, Mr. Braun,
Mr. Rounds, Mr. Tillis, Mr. Cruz, and Mr. Hagerty) introduced the
following bill; which was read twice and referred to the Committee on
the Judiciary
_______________________________________________________________________
A BILL
To direct the Administrator of the Transportation Security
Administration to prohibit the use of certain identification documents
at airport security checkpoints, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Strengthening Enforcement to Curtail
Unlawful, Risky Entrance to Flights Act of 2023'' or the ``SECURE
Flights Act of 2023''.
SEC. 2. PROHIBITED IDENTIFICATION DOCUMENTS AT AIRPORT SECURITY
CHECKPOINTS; NOTIFICATION TO IMMIGRATION AGENCIES.
(a) In General.--The Administrator may not accept as valid proof of
identification a prohibited identification document at an airport
security checkpoint.
(b) Notification to Immigration Agencies.--If an individual
presents a prohibited identification document to an officer of the
Transportation Security Administration at an airport security
checkpoint, the Administrator shall promptly notify the Director of
U.S. Immigration and Customs Enforcement, the Director of U.S. Customs
and Border Protection, and the head of the appropriate local law
enforcement agency to determine whether the individual is in violation
of any term of release from the custody of any such agency.
(c) Entry Into Sterile Areas.--
(1) In general.--Except as provided in paragraph (2), if an
individual is found to be in violation of any term of release
under subsection (b), the Administrator shall not permit such
individual to enter a sterile area.
(2) Exception.--An individual presenting a prohibited
identification document under this section may enter a sterile
area if the individual--
(A) is leaving the United States for the purposes
of removal or deportation; or
(B) presents a covered identification document.
SEC. 3. COLLECTION OF BIOMETRIC INFORMATION FROM CERTAIN INDIVIDUALS
SEEKING ENTRY INTO STERILE AREAS.
(a) In General.--Beginning not later than 120 days after the date
of the enactment of this Act, the Administrator shall collect biometric
information from an individual described in subsection (b) prior to
authorizing such individual to enter into a sterile area.
(b) Individual Described.--An individual described in this
subsection is an individual who--
(1) is seeking entry into a sterile area;
(2) does not present a covered identification document; and
(3) the Administrator cannot verify is a national of the
United States.
(c) Participation in IDENT.--Beginning not later than 120 days
after the date of the enactment of this Act, the Administrator, in
coordination with the Secretary of Homeland Security, shall submit
biometric data collected under this section to the Automated Biometric
Identification System (IDENT).
SEC. 4. DEFINITIONS.
In this Act:
(1) Administrator.--The term ``Administrator'' means the
Administrator of the Transportation Security Administration.
(2) Biometric information.--The term ``biometric
information'' means any of the following:
(A) A fingerprint.
(B) A palm print.
(C) A photograph, including--
(i) a photograph of an individual's face
for use with facial recognition technology; and
(ii) a photograph of any physical or
anatomical feature, such as a scar, skin mark,
or tattoo.
(D) A signature.
(E) A voice print.
(F) An iris image.
(3) Covered identification document.--The term ``covered
identification document'' means any of the following, if the
document is valid and unexpired:
(A) A United States passport or passport card.
(B) A biometrically secure card issued by a trusted
or registered traveler program of the Department of
Homeland Security, including--
(i) Global Entry;
(ii) NEXUS;
(iii) Secure Electronic Network for
Travelers Rapid Inspection (SENTRI); and
(iv) Free and Secure Trade (FAST).
(C) An identification card issued by the Department
of Defense, including such a card issued to a
dependent.
(D) Any document required for admission to the
United States under section 211(a) of the Immigration
and Nationality Act (8 U.S.C. 1181(a)).
(E) An enhanced driver's license issued by a State.
(F) A photo identification card issued by a
federally recognized Indian Tribe.
(G) A personal identity verification credential
issued in accordance with Homeland Security
Presidential Directive 12.
(H) A driver's license issued by a province of
Canada.
(I) A Secure Certificate of Indian Status issued by
the Government of Canada.
(J) A Transportation Worker Identification
Credential.
(K) An Employment Authorization Document issued by
U.S. Citizenship and Immigration Services.
(L) A Merchant Mariner Credential issued by the
Coast Guard.
(M) A Veteran Health Identification Card issued by
the Department of Veterans Affairs.
(N) Any other document that the Administrator
determines, pursuant to a rule making in accordance
with section 553 of title 5, United States Code, will
satisfy the identity verification procedures of the
Transportation Security Administration.
(4) Immigration laws.--The term ``immigration laws'' has
the meaning given that term in section 101 of the Immigration
and Nationality Act (8 U.S.C. 1101).
(5) Prohibited identification document.--The term
``prohibited identification document'' means any of the
following (or any applicable successor form):
(A) U.S. Immigration and Customs Enforcement Form
I-200, Warrant for Arrest of Alien.
(B) U.S. Immigration and Customs Enforcement Form
I-205, Warrant of Removal/Deportation.
(C) U.S. Immigration and Customs Enforcement Form
I-220A, Order of Release on Recognizance.
(D) U.S. Immigration and Customs Enforcement Form
I-220B, Order of Supervision.
(E) Department of Homeland Security Form I-862,
Notice to Appear.
(F) U.S. Customs and Border Protection Form I-94,
Arrival/Departure Record (including a print-out of an
electronic record).
(G) Department of Homeland Security Form I-385,
Alien Booking Record.
(6) Sterile area.--The term ``sterile area'' has the
meaning given that term in section 1540.5 of title 49, Code of
Federal Regulations, or any successor regulation.
<all>
</pre></body></html>
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118S919
|
A. Donald McEachin Environmental Justice For All Act
|
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] |
<html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 919 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 919
To restore, reaffirm, and reconcile environmental justice and civil
rights, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
March 22, 2023
Ms. Duckworth (for herself, Mr. Booker, Mr. Markey, Mr. Blumenthal, Ms.
Warren, Mr. Schatz, Mr. Welch, Mr. Sanders, Ms. Smith, Mr. Van Hollen,
Mr. Wyden, Mr. Merkley, and Mr. Padilla) introduced the following bill;
which was read twice and referred to the Committee on Environment and
Public Works
_______________________________________________________________________
A BILL
To restore, reaffirm, and reconcile environmental justice and civil
rights, and for other 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 ``A. Donald McEachin
Environmental Justice For All 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; statement of policy.
Sec. 3. Definitions.
Sec. 4. Prohibited discrimination.
Sec. 5. Right of action.
Sec. 6. Rights of recovery.
Sec. 7. Consideration of cumulative impacts and persistent violations
in certain permitting decisions.
Sec. 8. White House Environmental Justice Interagency Council.
Sec. 9. Federal agency actions and responsibilities.
Sec. 10. Ombuds.
Sec. 11. Access to parks, outdoor spaces, and public recreation
opportunities.
Sec. 12. Transit to trails grant program.
Sec. 13. Repeal of sunset for the Every Kid Outdoors program.
Sec. 14. Protections for environmental justice communities against
harmful Federal actions.
Sec. 15. Strengthening Community Protections under the National
Environmental Policy Act of 1969.
Sec. 16. Training of employees of Federal agencies.
Sec. 17. Environmental justice grant programs.
Sec. 18. Environmental justice basic training program.
Sec. 19. National Environmental Justice Advisory Council.
Sec. 20. Environmental Justice Clearinghouse.
Sec. 21. Public meetings.
Sec. 22. Environmental projects for environmental justice communities.
Sec. 23. Grants to further achievement of Tribal coastal zone
objectives.
Sec. 24. Cosmetic labeling.
Sec. 25. Safer cosmetic alternatives for disproportionately impacted
communities.
Sec. 26. Safer child care centers, schools, and homes for
disproportionately impacted communities.
Sec. 27. Certain menstrual products misbranded if labeling does not
include ingredients.
Sec. 28. Support by National Institute of Environmental Health Sciences
for research on health disparities
impacting communities of color.
Sec. 29. Revenues for just transition assistance.
Sec. 30. Economic revitalization for fossil fuel-dependent communities.
Sec. 31. Evaluation by Comptroller General of the United States.
SEC. 2. FINDINGS; STATEMENT OF POLICY.
(a) Findings.--Congress finds that--
(1) communities of color, low-income communities, Tribal
and Indigenous communities, fossil fuel-dependent communities,
and other vulnerable populations, such as persons with
disabilities, children, and the elderly, are disproportionately
burdened by environmental hazards that include exposure to
polluted air, waterways, and landscapes;
(2) environmental justice disparities are also exhibited
through a lack of equitable access to green spaces, public
recreation opportunities, and information and data on potential
exposure to environmental hazards;
(3) communities experiencing environmental injustice have
been subjected to systemic racial, social, and economic
injustices and face a disproportionate burden of adverse human
health or environmental effects, a higher risk of intentional,
unconscious, and structural discrimination, and
disproportionate energy burdens;
(4) environmental justice communities have been made more
vulnerable to the effects of climate change due to a
combination of factors, particularly the legacy of segregation
and historically racist zoning codes, and often have the least
resources to respond, making it a necessity for environmental
justice communities to be meaningfully engaged as partners and
stakeholders in government decision making as the United States
builds its climate resilience;
(5) potential environmental and climate threats to
environmental justice communities merit a higher level of
engagement, review, and consent to ensure that communities are
not forced to bear disproportionate environmental and health
impacts;
(6) the burden of proof that a proposed action will not
harm communities, including through cumulative exposure
effects, should fall on polluting industries and on the Federal
Government in its regulatory role, not the communities
themselves;
(7) Executive Order 12898 (42 U.S.C. 4321 note; relating to
Federal actions to address environmental justice in minority
populations and low-income populations) directs Federal
agencies to address disproportionately high and adverse human
health or environmental effects of its programs, but Federal
agencies have been inconsistent in updating their strategic
plans for environmental justice and reporting on their progress
in enacting those plans;
(8) Government action to correct environmental injustices
is a moral imperative, and Federal policy can and should
improve public health and improve the overall well-being of all
communities;
(9) all people have the right to breathe clean air, drink
clean water, live free of dangerous levels of toxic pollution,
and share the benefits of a prosperous and vibrant pollution-
free economy;
(10) a fair and just transition to a pollution-free economy
is necessary to ensure that workers and communities in
deindustrialized areas have access to the resources and
benefits of a sustainable future, and that transition must also
address the economic disparities experienced by residents
living in areas contaminated by pollution or environmental
degradation, including access to jobs, and members of those
communities must be fully and meaningfully involved in
transition planning processes; and
(11) it is the responsibility of the Federal Government to
seek to achieve environmental justice, health equity, and
climate justice for all communities.
(b) Statement of Policy.--It is the policy of Congress that each
Federal agency should--
(1) seek to achieve environmental justice as part of its
mission by identifying and addressing, as appropriate,
disproportionately adverse human health or environmental
effects of its programs, policies, practices, and activities on
communities of color, low-income communities, and Tribal and
Indigenous communities in each State and territory of the
United States;
(2) promote meaningful involvement by communities and due
process in the development, implementation, and enforcement of
environmental laws;
(3) provide direct guidance and technical assistance to
communities experiencing environmental injustice focused on
increasing shared understanding of the science, laws,
regulations, and policy related to Federal agency action on
environmental justice issues;
(4) cooperate with State governments, Indian Tribes, and
local governments to address pollution and public health
burdens in communities experiencing environmental injustice,
and build healthy, sustainable, and resilient communities; and
(5) recognize the right of all people to clean air, safe
and affordable drinking water, protection from climate hazards,
and the sustainable preservation of the ecological integrity
and aesthetic, scientific, cultural, and historical values of
the natural environment.
SEC. 3. DEFINITIONS.
In this Act:
(1) Administrator.--The term ``Administrator'' means the
Administrator of the Environmental Protection Agency.
(2) Advisory council.--The term ``Advisory Council'' means
the National Environmental Justice Advisory Council established
by the President under section 19.
(3) Clearinghouse.--The term ``Clearinghouse'' means the
Environmental Justice Clearinghouse established by the
Administrator under section 20.
(4) Community of color.--The term ``community of color''
means a geographically distinct area in which the population of
any of the following categories of individuals is higher than
the average population of that category for the State in which
the community is located:
(A) Black.
(B) African American.
(C) Asian.
(D) Pacific Islander.
(E) Other non-White race.
(F) Hispanic.
(G) Latino.
(H) Linguistically isolated.
(I) Middle Eastern and North African.
(5) Director.--The term ``Director'' means the Director of
the National Institute of Environmental Health Sciences.
(6) Disparate impact.--The term ``disparate impact'' means
an action or practice that, even if appearing neutral, actually
has the effect of subjecting persons to discrimination on the
basis of race, color, or national origin.
(7) Disproportionate burden of adverse human health or
environmental effects.--The term ``disproportionate burden of
adverse human health or environmental effects'' means a
situation where there exists higher or more adverse human
health or environmental effects on communities of color, low-
income communities, and Tribal and Indigenous communities.
(8) Environmental justice.--The term ``environmental
justice'' means the fair treatment and meaningful involvement
of all people regardless of race, color, culture, national
origin, or income, with respect to the development,
implementation, and enforcement of environmental laws,
regulations, and policies to ensure that each person enjoys--
(A) the same degree of protection from
environmental and health hazards; and
(B) equal access and involvement with respect to
any Federal agency action on environmental justice
issues in order to have a healthy environment in which
to live, learn, work, and recreate.
(9) Environmental justice community.--The term
``environmental justice community'' means a community with
significant representation of communities of color, low-income
communities, or Tribal and Indigenous communities, that
experiences, or is at risk of experiencing higher or more
adverse human health or environmental effects.
(10) Environmental law.--The term ``environmental law''
includes--
(A) the Clean Air Act (42 U.S.C. 7401 et seq.);
(B) the Federal Water Pollution Control Act (33
U.S.C. 1251 et seq.);
(C) the Energy Policy Act of 2005 (42 U.S.C. 15801
et seq.);
(D) the National Environmental Policy Act of 1969
(42 U.S.C. 4321 et seq.);
(E) the Pollution Prevention Act of 1990 (42 U.S.C.
13101 et seq.);
(F) the Safe Drinking Water Act (42 U.S.C. 300f et
seq.);
(G) the Solid Waste Disposal Act (42 U.S.C. 6901 et
seq.);
(H) the Federal Insecticide, Fungicide, and
Rodenticide Act (7 U.S.C. 136 et seq.);
(I) the Toxic Substances Control Act (15 U.S.C.
2601 et seq.);
(J) Public Law 95-341 (commonly known as the
``American Indian Religious Freedom Act'') (42 U.S.C.
1996 et seq.); and
(K) division A of subtitle III of title 54, United
States Code (formerly known as the ``National Historic
Preservation Act'').
(11) Fair treatment.--The term ``fair treatment'' means the
conduct of a program, policy, practice, or activity by a
Federal agency in a manner that ensures that no group of
individuals (including racial, ethnic, or socioeconomic groups)
experience a disproportionate burden of adverse human health or
environmental effects resulting from such program, policy,
practice, or activity, as determined through consultation with,
and with the meaningful participation of, individuals from the
communities affected by a program, policy, practice, or
activity of a Federal agency.
(12) Indian tribe.--The term ``Indian Tribe'' has the
meaning given the term in section 4 of the Indian Self-
Determination and Education Assistance Act (25 U.S.C. 5304).
(13) Local government.--The term ``local government''
means--
(A) a county, municipality, city, town, township,
local public authority, school district, special
district, intrastate district, council of governments
(regardless of whether the council of governments is
incorporated as a nonprofit corporation under State
law), regional or interstate governmental entity, or
agency or instrumentality of a local government; or
(B) an Indian Tribe, an authorized Tribal
organization, or an Alaska Native village or
organization.
(14) Low-income community.--The term ``low-income
community'' means any census block group in which 30 percent or
more of the population are individuals with an annual household
income equal to, or less than, the greater of--
(A) an amount equal to 80 percent of the median
income of the area in which the household is located,
as reported by the Department of Housing and Urban
Development; and
(B) 200 percent of the Federal poverty line.
(15) Population.--The term ``population'' means a census
block group or series of geographically contiguous blocks
representing certain common characteristics, such as race,
ethnicity, national origin, income level, health disparities,
or other public health and socioeconomic attributes.
(16) State.--The term ``State'' means--
(A) any State of the United States;
(B) the District of Columbia;
(C) the Commonwealth of Puerto Rico;
(D) the United States Virgin Islands;
(E) Guam;
(F) American Samoa; and
(G) the Commonwealth of the Northern Mariana
Islands.
(17) Tribal and indigenous community.--The term ``Tribal
and Indigenous community'' means a population of people who are
members of--
(A) a federally recognized Indian Tribe;
(B) a State-recognized Indian Tribe;
(C) an Alaska Native community or organization;
(D) a Native Hawaiian community or organization; or
(E) any other Indigenous community located in a
State.
(18) White house interagency council.--The term ``White
House interagency council'' means the White House Environmental
Justice Interagency Council described in section 8.
(19) Tribal organization.--The term ``Tribal organization''
means an organization that is--
(A) a Tribal organization (as defined in section 4
of the Indian Self-Determination and Education
Assistance Act (25 U.S.C. 5304));
(B) a Native Hawaiian organization (as defined in
section 2 of the Native American Graves Protection and
Repatriation Act (25 U.S.C. 3001)); or
(C) an urban Indian Organization (as defined in
section 4 of the Indian Health Care Improvement Act (25
U.S.C. 1603)).
SEC. 4. PROHIBITED DISCRIMINATION.
Section 601 of the Civil Rights Act of 1964 (42 U.S.C. 2000d) is
amended--
(1) by striking ``No'' and inserting ``(a) No''; and
(2) by adding at the end the following:
``(b)(1)(A) Discrimination (including exclusion from participation
and denial of benefits) based on disparate impact is established under
this title if--
``(i) an entity subject to this title (referred to in this
subsection as a `covered entity') has a program, policy,
practice, or activity that causes a disparate impact on the
basis of race, color, or national origin and the covered entity
fails to demonstrate that the challenged program, policy,
practice, or activity is related to and necessary to achieve
the nondiscriminatory goal of the program, policy, practice, or
activity alleged to have been operated in a discriminatory
manner; or
``(ii) a less discriminatory alternative program, policy,
practice, or activity exists, and the covered entity refuses to
adopt such alternative program, policy, practice, or activity.
``(B) With respect to demonstrating that a particular program,
policy, practice, or activity does not cause a disparate impact, the
covered entity shall demonstrate that each particular challenged
program, policy, practice, or activity does not cause a disparate
impact, except that if the covered entity demonstrates to the courts
that the elements of the covered entity's decision-making process are
not capable of separation for analysis, the decision-making process may
be analyzed as 1 program, policy, practice, or activity.
``(2) A demonstration that a program, policy, practice, or activity
is necessary to achieve the goals of a program, policy, practice, or
activity may not be used as a defense against a claim of intentional
discrimination under this title.
``(3) In this subsection--
``(A) the term `demonstrates' means to meet the burdens of
going forward with the evidence and of persuasion; and
``(B) the term `disparate impact' has the meaning given the
term in section 3 of the A. Donald McEachin Environmental
Justice For All Act.
``(c) No person in the United States shall be subjected to
discrimination, including retaliation or intimidation, because such
person opposed any program, policy, practice, or activity prohibited by
this title, or because such person made a charge, testified, assisted,
or participated in any manner in an investigation, proceeding, or
hearing under this title.''.
SEC. 5. RIGHT OF ACTION.
(a) In General.--Section 602 of the Civil Rights Act of 1964 (42
U.S.C. 2000d-1) is amended--
(1) by inserting ``(a)'' before ``Each Federal department
and agency which is empowered''; and
(2) by adding at the end the following:
``(b) Any person aggrieved by the failure to comply with this
title, including any regulation promulgated pursuant to this title, may
file suit in any district court of the United States having
jurisdiction of the parties, without respect to the amount in
controversy and without regard to the citizenship of the parties.''.
(b) Effective Date.--
(1) In general.--This section, including the amendments
made by this section, takes effect on the date of enactment of
this Act.
(2) Application.--This section, including the amendments
made by this section, applies to all actions or proceedings
pending on or after the date of enactment of this Act.
SEC. 6. RIGHTS OF RECOVERY.
Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.)
is amended by inserting after section 602 the following:
``SEC. 602A. ACTIONS BROUGHT BY AGGRIEVED PERSONS.
``(a) Claims Based on Proof of Intentional Discrimination.--In an
action brought by an aggrieved person under this title against an
entity subject to this title (referred to in this section as a `covered
entity') who has engaged in unlawful intentional discrimination (not a
practice that is unlawful because of its disparate impact) prohibited
under this title (including its implementing regulations), the
aggrieved person may recover equitable and legal relief (including
compensatory and punitive damages), attorney's fees (including expert
fees), and costs of the action, except that punitive damages are not
available against a government, government agency, or political
subdivision.
``(b) Claims Based on the Disparate Impact Standard of Proof.--In
an action brought by an aggrieved person under this title against a
covered entity who has engaged in unlawful discrimination based on
disparate impact prohibited under this title (including implementing
regulations), the aggrieved person may recover attorney's fees
(including expert fees), and costs of the action.
``(c) Definitions.--In this section:
``(1) Aggrieved person.--The term `aggrieved person' means
a person aggrieved by discrimination on the basis of race,
color, or national origin.
``(2) Disparate impact.--The term `disparate impact' has
the meaning given the term in section 3 of the A. Donald
McEachin Environmental Justice For All Act.''.
SEC. 7. CONSIDERATION OF CUMULATIVE IMPACTS AND PERSISTENT VIOLATIONS
IN CERTAIN PERMITTING DECISIONS.
(a) Federal Water Pollution Control Act.--Section 402 of the
Federal Water Pollution Control Act (33 U.S.C. 1342) is amended--
(1) by striking the section designation and heading and all
that follows through ``Except as'' in subsection (a)(1) and
inserting the following:
``SEC. 402. NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM.
``(a) Permits Issued by Administrator.--
``(1) In general.--Except as'';
(2) in subsection (a)--
(A) in paragraph (1)--
(i) by striking ``upon condition that such
discharge will meet either (A) all'' and
inserting the following: ``subject to the
conditions that--
``(A) the discharge will achieve compliance with,
as applicable--
``(i) all'';
(ii) by striking ``403 of this Act, or (B)
prior'' and inserting the following: ``403; or
``(ii) prior''; and
(iii) by striking ``this Act.'' and
inserting the following: ``this Act; and
``(B) with respect to the issuance or renewal of
the permit--
``(i) based on an analysis by the
Administrator of existing water quality and the
potential cumulative impacts (as defined in
section 501 of the Clean Air Act (42 U.S.C.
7661)) of the discharge, considered in
conjunction with the designated and actual uses
of the impacted navigable water, there exists a
reasonable certainty of no harm to the health
of the general population, or to any
potentially exposed or susceptible
subpopulation; or
``(ii) if the Administrator determines
that, due to those potential cumulative
impacts, there does not exist a reasonable
certainty of no harm to the health of the
general population, or to any potentially
exposed or susceptible subpopulation, the
permit or renewal includes such terms and
conditions as the Administrator determines to
be necessary to ensure a reasonable certainty
of no harm.''; and
(B) in paragraph (2), by striking ``assure
compliance with the requirements of paragraph (1) of
this subsection, including conditions on data and
information collection, reporting, and such other
requirements as he deems appropriate.'' and inserting
the following: ``ensure compliance with the
requirements of paragraph (1), including--
``(A) conditions relating to--
``(i) data and information collection;
``(ii) reporting; and
``(iii) such other requirements as the
Administrator determines to be appropriate; and
``(B) additional controls or pollution prevention
requirements.''; and
(3) in subsection (b)--
(A) in each of paragraphs (1)(D), (2)(B), and (3)
through (7), by striking the semicolon at the end and
inserting a period;
(B) in paragraph (8), by striking ``; and'' at the
end and inserting a period; and
(C) by adding at the end the following:
``(10) To ensure that no permit will be issued or renewed if, with
respect to an application for the permit, the State determines, based
on an analysis by the State of existing water quality and the potential
cumulative impacts (as defined in section 501 of the Clean Air Act (42
U.S.C. 7661)) of the discharge, considered in conjunction with the
designated and actual uses of the impacted navigable water, that the
terms and conditions of the permit or renewal would not be sufficient
to ensure a reasonable certainty of no harm to the health of the
general population, or to any potentially exposed or susceptible
subpopulation.''.
(b) Clean Air Act.--
(1) Definitions.--Section 501 of the Clean Air Act (42
U.S.C. 7661) is amended--
(A) in the matter preceding paragraph (1), by
striking ``As used in this title--'' and inserting ``In
this title:'';
(B) by redesignating paragraphs (2), (3), and (4)
as paragraphs (3), (5), and (4), respectively, and
moving the paragraphs so as to appear in numerical
order; and
(C) by inserting after paragraph (1) the following:
``(2) Cumulative impacts.--The term `cumulative impacts'
means any exposure to a public health or environmental risk, or
other effect occurring in a specific geographical area,
including from an emission, discharge, or release--
``(A) including--
``(i) environmental pollution released--
``(I)(aa) routinely;
``(bb) accidentally; or
``(cc) otherwise; and
``(II) from any source, whether
single or multiple; and
``(ii) as assessed based on the combined
past, present, and reasonably foreseeable
emissions and discharges affecting the
geographical area; and
``(B) evaluated taking into account sensitive
populations and other factors that may heighten
vulnerability to environmental pollution and associated
health risks, including socioeconomic
characteristics.''.
(2) Permit programs.--Section 502(b) of the Clean Air Act
(42 U.S.C. 7661a(b)) is amended--
(A) in paragraph (5)--
(i) in subparagraphs (A) and (C), by
striking ``assure'' each place it appears and
inserting ``ensure''; and
(ii) by striking subparagraph (F) and
inserting the following:
``(F) ensure that no permit will be issued or
renewed, as applicable, if--
``(i) with respect to an application for a
permit or renewal of a permit for a major
source, the permitting authority determines
under paragraph (9)(A)(i)(II)(bb) that the
terms and conditions of the permit or renewal
would not be sufficient to ensure a reasonable
certainty of no harm to the health of the
general population, or to any potentially
exposed or susceptible subpopulation, of the
applicable census block groups or Tribal census
block groups (as those terms are defined by the
Director of the Bureau of the Census); or
``(ii) the Administrator objects to the
issuance of the permit in a timely manner under
this title.''; and
(B) by striking paragraph (9) and inserting the
following:
``(9) Major sources.--
``(A) In general.--With respect to any permit or
renewal of a permit, as applicable, for a major source,
a requirement that the permitting authority shall--
``(i) in determining whether to issue or
renew the permit--
``(I) evaluate the potential
cumulative impacts of the major source,
as described in the applicable
cumulative impacts analysis submitted
under section 503(b)(3), taking into
consideration other pollution sources
and risk factors within a community;
``(II) if, due to those potential
cumulative impacts, the permitting
authority cannot determine that there
exists a reasonable certainty of no
harm to the health of the general
population, or to any potentially
exposed or susceptible subpopulation,
of any census block groups or Tribal
census block groups (as those terms are
defined by the Director of the Bureau
of the Census) located in, or
immediately adjacent to, the area in
which the major source is, or is
proposed to be, located--
``(aa) include in the
permit or renewal such
standards and requirements
(including additional controls
or pollution prevention
requirements) as the permitting
authority determines to be
necessary to ensure a
reasonable certainty of no such
harm; or
``(bb) if the permitting
authority determines that
standards and requirements
described in item (aa) would
not be sufficient to ensure a
reasonable certainty of no such
harm, deny the issuance or
renewal of the permit;
``(III) determine whether the
applicant is a persistent violator,
based on such criteria relating to the
history of compliance by an applicant
with this Act as the Administrator
shall establish by not later than 180
days after the date of enactment of the
A. Donald McEachin Environmental
Justice For All Act;
``(IV) if the permitting authority
determines under subclause (III) that
the applicant is a persistent violator
and the permitting authority does not
deny the issuance or renewal of the
permit pursuant to subclause (II)(bb)--
``(aa) require the
applicant to submit a plan that
describes--
``(AA) if the
applicant is not in
compliance with this
Act, measures the
applicant will carry
out to achieve that
compliance, together
with an approximate
deadline for that
achievement;
``(BB) measures the
applicant will carry
out, or has carried out
to ensure the applicant
will remain in
compliance with this
Act, and to mitigate
the environmental and
health effects of
noncompliance; and
``(CC) the measures
the applicant has
carried out in
preparing the plan to
consult or negotiate
with the communities
affected by each
persistent violation
addressed in the plan;
and
``(bb) once such a plan is
submitted, determine whether
the plan is adequate to
ensuring that the applicant--
``(AA) will achieve
compliance with this
Act expeditiously;
``(BB) will remain
in compliance with this
Act;
``(CC) will
mitigate the
environmental and
health effects of
noncompliance; and
``(DD) has
solicited and responded
to community input
regarding the plan; and
``(V) deny the issuance or renewal
of the permit if the permitting
authority determines that--
``(aa) the plan submitted
under subclause (IV)(aa) is
inadequate; or
``(bb)(AA) the applicant
has submitted a plan on a prior
occasion, but continues to be a
persistent violator; and
``(BB) no indication exists
of extremely exigent
circumstances excusing the
persistent violations; and
``(ii) in the case of such a permit with a
term of 3 years or longer, require permit
revisions in accordance with subparagraph (B).
``(B) Revision requirements.--
``(i) Deadline.--A revision described in
subparagraph (A)(ii) shall occur as
expeditiously as practicable and consistent
with the procedures established under paragraph
(6) but not later than 18 months after the
promulgation of such standards and regulations.
``(ii) Exception.--A revision under this
paragraph shall not be required if the
effective date of the standards or regulations
is a date after the expiration of the permit
term.
``(iii) Treatment as renewal.--A permit
revision under this paragraph shall be treated
as a permit renewal if it complies with the
requirements of this title regarding
renewals.''.
(3) Permit applications.--Section 503(b) of the Clean Air
Act (42 U.S.C. 7661b(b)) is amended by adding at the end the
following:
``(3) Major Source Analyses.--The regulations required by section
502(b) shall include a requirement that an applicant for a permit or
renewal of a permit for a major source shall submit, together with the
compliance plan required under this subsection, a cumulative impacts
analysis for each census block group or Tribal census block group (as
those terms are defined by the Director of the Bureau of the Census)
located in, or immediately adjacent to, the area in which the major
source is, or is proposed to be, located that analyzes--
``(A) community demographics and locations of community
exposure points, such as schools, day care centers, nursing
homes, hospitals, health clinics, places of religious worship,
parks, playgrounds, and community centers;
``(B) air quality and the potential effect on that air
quality of emissions of air pollutants (including pollutants
listed under section 108 or 112) from the major source,
including in combination with existing sources of pollutants;
``(C) the potential effects on soil quality and water
quality of emissions of lead and other air pollutants that
could contaminate soil or water from the major source,
including in combination with existing sources of pollutants;
and
``(D) public health and any potential effects on public
health from the major source.''.
SEC. 8. WHITE HOUSE ENVIRONMENTAL JUSTICE INTERAGENCY COUNCIL.
(a) In General.--The President shall maintain within the Executive
Office of the President a White House Environmental Justice Interagency
Council.
(b) Purposes.--The purposes of the White House interagency council
are--
(1) to improve coordination and collaboration among Federal
agencies and to help advise and assist Federal agencies in
identifying and addressing, as appropriate, the
disproportionate human health and environmental effects of
Federal programs, policies, practices, and activities on
communities of color, low-income communities, and Tribal and
Indigenous communities;
(2) to promote meaningful involvement and due process in
the development, implementation, and enforcement of
environmental laws;
(3) to coordinate with, and provide direct guidance and
technical assistance to, environmental justice communities,
with a focus on capacity building and increasing community
understanding of the science, regulations, and policy related
to Federal agency actions on environmental justice issues;
(4) to address environmental health, pollution, and public
health burdens in environmental justice communities, and build
healthy, sustainable, and resilient communities; and
(5) to develop and update a strategy to address current and
historical environmental injustice, in consultation with the
National Environmental Justice Advisory Council and local
environmental justice leaders, that includes--
(A) clear performance metrics to ensure
accountability; and
(B) an annually published public performance
scorecard on the implementation of the White House
interagency council.
(c) Composition.--The White House interagency council shall be
composed of members as follows (or their designee):
(1) The Secretary of Agriculture.
(2) The Secretary of Commerce.
(3) The Secretary of Defense.
(4) The Secretary of Education.
(5) The Secretary of Energy.
(6) The Secretary of Health and Human Services.
(7) The Secretary of Homeland Security.
(8) The Secretary of Housing and Urban Development.
(9) The Secretary of the Interior.
(10) The Attorney General.
(11) The Secretary of Labor.
(12) The Secretary of Transportation.
(13) The Administrator of the Environmental Protection
Agency.
(14) The Director of the Office of Management and Budget.
(15) The Director of the Office of Science and Technology
Policy.
(16) The Deputy Assistant to the President for
Environmental Policy.
(17) The Assistant to the President for Domestic Policy.
(18) The Director of the National Economic Council.
(19) The Chair of the Council on Environmental Quality.
(20) The Chairperson of the Council of Economic Advisers.
(21) The Director of the National Institutes of Health.
(22) The Director of the Office of Environmental Justice.
(23) The Chairperson of the Consumer Product Safety
Commission.
(24) The Chairperson of the Chemical Safety Board.
(25) The Director of the National Park Service.
(26) The Assistant Secretary of the Bureau of Indian
Affairs.
(27) The Chairperson of the National Environmental Justice
Advisory Council.
(28) The head of any other agency that the President may
designate.
(d) Governance.--The Chair of the Council on Environmental Quality
shall serve as Chairperson of the White House interagency council.
(e) Reporting to President.--The White House interagency council
shall report to the President through the Chair of the Council on
Environmental Quality.
(f) Uniform Consideration Guidance.--
(1) In general.--To ensure that there is a common level of
understanding of terminology used in dealing with environmental
justice issues, not later than 1 year after the date of
enactment of this Act, after coordinating with and conducting
outreach to environmental justice communities, State
governments, Indian Tribes, and local governments, the White
House interagency council shall develop and publish in the
Federal Register a guidance document to assist Federal agencies
in defining and applying the following terms:
(A) Health disparities.
(B) Environmental exposure disparities.
(C) Demographic characteristics, including age,
sex, and race or ethnicity.
(D) Social stressors, including poverty, housing
quality, access to health care, education, immigration
status, linguistic isolation, historical trauma, and
lack of community resources.
(E) Cumulative impacts or risks.
(F) Community vulnerability or susceptibility to
adverse human health and environmental effects
(including climate change).
(G) Barriers to meaningful involvement in the
development, implementation, and enforcement of
environmental laws.
(H) Community capacity to address environmental
concerns, including the capacity to obtain equitable
access to environmental amenities.
(2) Public comment.--For a period of not less than 30 days,
the White House interagency council shall seek public comment
on the guidance document developed under paragraph (1).
(3) Documentation.--Not later than 90 days after the date
of publication of the guidance document under paragraph (1),
the head of each Federal agency participating in the White
House interagency council shall document the ways in which the
Federal agency will incorporate guidance from the document into
the environmental justice strategy of the Federal agency
developed and finalized under section 9(b).
(g) Development of Interagency Federal Environmental Justice
Strategy.--
(1) In general.--Not less frequently than once every 3
years, after notice and opportunity for public comment, the
White House interagency council shall update a coordinated
interagency Federal environmental justice strategy to address
current and historical environmental injustice.
(2) Development of strategy.--In carrying out paragraph
(1), the White House interagency council shall--
(A) consider the most recent environmental justice
strategy of each Federal agency that participates in
the White House interagency council that is developed
and finalized under section 9(b);
(B) consult with the National Environmental Justice
Advisory Council and local environmental justice
leaders; and
(C) include in the interagency Federal
environmental justice strategy clear performance
metrics to ensure accountability.
(3) Annual performance scorecard.--The White House
interagency council shall annually publish a public performance
scorecard on the implementation of the interagency Federal
environmental justice strategy.
(h) Submission of Report to President.--
(1) In general.--Not later than 180 days after updating the
interagency Federal environmental justice strategy under
subsection (g)(1), the White House interagency council shall
submit to the President a report that contains--
(A) a description of the implementation of the
interagency Federal environmental justice strategy; and
(B) a copy of the finalized environmental justice
strategy of each Federal agency that participates in
the White House interagency council that is developed
and finalized under section 9(b).
(2) Public availability.--The head of each Federal agency
that participates in the White House interagency council shall
make the report described in paragraph (1) available to the
public (including by posting a copy of the report on the
website of each Federal agency).
(i) Administration.--
(1) Office of administration.--The Office of Administration
within the Executive Office of the President shall provide
funding and administrative support for the White House
interagency council, to the extent permitted by law and within
existing appropriations.
(2) Other agencies.--To the extent permitted by law,
including section 1535 of title 31, United States Code
(commonly known as the ``Economy Act''), and subject to the
availability of appropriations, the Secretary of Labor, the
Secretary of Transportation, and the Administrator of the
Environmental Protection Agency shall provide administrative
support for the White House interagency council, as necessary.
(j) Meetings and Staff.--
(1) Chair.--The Chair of the Council on Environmental
Quality shall--
(A) convene regular meetings of the White House
interagency council;
(B) determine the agenda of the White House
interagency council in accordance with this section;
and
(C) direct the work of the White House interagency
council.
(2) Executive director.--The Chair of the Council on
Environmental Quality shall designate an Executive Director of
the White House interagency council, who shall coordinate the
work of, and head any staff assigned to, the White House
interagency council.
(k) Officers.--To facilitate the work of the White House
interagency council, the head of each agency described in subsection
(c) shall assign a designated official within the agency to be an
Environmental Justice Officer, with the authority--
(1) to represent the agency on the White House interagency
council; and
(2) to perform such other duties relating to the
implementation of this section within the agency as the head of
the agency determines to be appropriate.
(l) Establishment of Subgroups.--At the direction of the Chair of
the Council on Environmental Quality, the White House interagency
council may establish 1 or more subgroups consisting exclusively of
White House interagency council members or their designees under this
section, as appropriate.
SEC. 9. FEDERAL AGENCY ACTIONS AND RESPONSIBILITIES.
(a) Conduct of Programs.--Each Federal agency that participates in
the White House interagency council shall conduct each program, policy,
practice, and activity of the Federal agency that adversely affects, or
has the potential to adversely affect, human health or the environment
in a manner that ensures that each such program, policy, practice, or
activity does not have an effect of excluding any individual from
participating in, denying any individual the benefits of, or subjecting
any individual to discrimination or disparate impact under, such
program, policy, practice, or activity of the Federal agency on the
basis of the race, color, national origin, or income level of the
individual.
(b) Federal Agency Environmental Justice Strategies.--
(1) In general.--Not later than 2 years after the date of
enactment of this Act, and after notice and opportunity for
public comment, each Federal agency that participates in the
White House interagency council shall develop and finalize an
agencywide environmental justice strategy that--
(A) identifies staff to support implementation of
the Federal agency's environmental justice strategy;
(B) identifies and addresses any disproportionately
high or adverse human health or environmental effects
of its programs, policies, practices, and activities
on--
(i) communities of color;
(ii) low-income communities; and
(iii) Tribal and Indigenous communities;
and
(C) complies with each requirement described in
paragraph (2).
(2) Contents.--Each environmental justice strategy
developed by a Federal agency under paragraph (1) shall
contain--
(A) an assessment that identifies each program,
policy, practice, and activity (including any public
participation process) of the Federal agency, relating
to human health or the environment that the Federal
agency determines should be revised--
(i) to ensure that all persons have the
same degree of protection from environmental
and health hazards;
(ii) to ensure meaningful public
involvement and due process in the development,
implementation, and enforcement of all Federal
laws;
(iii) to improve direct guidance and
technical assistance to environmental justice
communities with respect to the understanding
of the science, regulations, and policy related
to Federal agency action on environmental
justice issues;
(iv) to improve awareness of environmental
justice issues relating to agency activities,
including awareness among impacted parents and
children in environmental justice communities;
(v) to improve cooperation with State
governments, Indian Tribes, and local
governments to address pollution and public
health burdens in environmental justice
communities, and build healthy, sustainable,
and resilient communities;
(vi) to improve Federal research and data
collection efforts related to--
(I) the health and environment of
communities of color, low-income
communities, and Tribal and Indigenous
communities;
(II) climate change; and
(III) the inequitable distribution
of burdens and benefits of the
management and use of natural
resources, including water, minerals,
and land; and
(vii) to reduce or eliminate
disproportionately adverse human health or
environmental effects on communities of color,
low-income communities, and Tribal and
Indigenous communities; and
(B) a timetable for the completion of--
(i) each revision identified under
subparagraph (A); and
(ii) an assessment of the economic and
social implications of each revision identified
under subparagraph (A).
(3) Reports.--
(A) Annual reports.--Not later than 2 years after
the finalization of an environmental justice strategy
under this subsection, and annually thereafter, a
Federal agency that participates in the White House
interagency council shall submit to the White House
interagency council a report describing the progress of
the Federal agency in implementing the environmental
justice strategy of the Federal agency.
(B) Periodic reports.--In addition to the annual
reports described in subparagraph (A), upon receipt of
a request from the White House interagency council, a
Federal agency shall submit to the White House
interagency council a report that contains such
information as the White House interagency council may
require.
(4) Revision of agencywide environmental justice
strategy.--Not later than 5 years after the date of enactment
of this Act, each Federal agency that participates in the White
House interagency council shall--
(A) evaluate and revise the environmental justice
strategy of the Federal agency; and
(B) submit to the White House interagency council a
copy of the revised version of the environmental
justice strategy of the Federal agency.
(5) Petition.--
(A) In general.--The head of a Federal agency may
submit to the President a petition for an exemption of
any requirement described in this section with respect
to any program or activity of the Federal agency if the
head of the Federal agency determines that complying
with such requirement would compromise the agency's
ability to carry out its core missions.
(B) Availability to public.--Each petition
submitted by a Federal agency to the President under
subparagraph (A) shall be made available to the public
(including through a description of the petition on the
website of the Federal agency).
(C) Consideration.--In determining whether to grant
a petition for an exemption submitted by a Federal
agency to the President under subparagraph (A), the
President shall make a decision that reflects both the
merits of the specific case and the broader national
interest in breaking cycles of environmental injustice,
and shall consider whether the granting of the petition
would likely--
(i) result in disproportionately adverse
human health or environmental effects on
communities of color, low-income communities,
and Tribal and Indigenous communities; or
(ii) exacerbate, or fail to ameliorate, any
disproportionately adverse human health or
environmental effect on any community of color,
low-income community, or Tribal and Indigenous
community.
(D) Appeal.--
(i) In general.--Not later than 90 days
after the date on which the President approves
a petition under this paragraph, an individual
may appeal the decision of the President to
approve the petition.
(ii) Written appeal.--
(I) In general.--To appeal a
decision of the President under clause
(i), an individual shall submit a
written appeal to--
(aa) the Council on
Environmental Quality;
(bb) the Deputy Assistant
to the President for
Environmental Policy; or
(cc) the Assistant to the
President for Domestic Policy.
(II) Contents.--A written appeal
shall contain a description of each
reason why the exemption that is the
subject of the petition is unnecessary.
(iii) Requirement of president.--Not later
than 90 days after the date on which an agency
or officer described in clause (ii)(I) receives
a written appeal submitted by an individual
under that clause, the President shall provide
to the individual a written notification
describing the decision of the President with
respect to the appeal.
(c) Human Health and Environmental Research, Data Collection, and
Analysis.--
(1) Research.--Each Federal agency, to the maximum extent
practicable and permitted by applicable law, shall--
(A) in conducting environmental, public access, or
human health research, include diverse segments of the
population in epidemiological and clinical studies,
including segments at high risk from environmental
hazards, such as communities of color, low-income
communities, and Tribal and Indigenous communities;
(B) in conducting environmental or human health
analyses, identify multiple and cumulative exposures,
including potentially exacerbated risks due to current
and future climate impacts; and
(C) actively encourage and solicit community-based
science, and provide to communities of color, low-
income communities, and Tribal and Indigenous
communities the opportunity to comment on and
participate in the development and design of research
strategies carried out pursuant to this Act.
(2) Disproportionate impact.--To the maximum extent
practicable and permitted by applicable law (including section
552a of title 5, United States Code (commonly known as the
``Privacy Act'')), each Federal agency shall--
(A) collect, maintain, and analyze information
assessing and comparing environmental and human health
risks borne by populations identified by race, national
origin, income, or other readily available and
appropriate information; and
(B) use that information to determine whether the
programs, policies, and activities of the Federal
agency have disproportionally adverse human health or
environmental effects on communities of color, low-
income communities, and Tribal and Indigenous
communities.
(3) Information relating to non-federal facilities.--In
connection with the implementation of Federal agency
environmental justice strategies under subsection (b), each
Federal agency, to the maximum extent practicable and permitted
by applicable law, shall collect, maintain, and analyze
information relating to the race, national origin, and income
level, and other readily accessible and appropriate
information, for communities of color, low-income communities,
and Tribal and Indigenous communities in proximity to any
facility or site expected to have a substantial environmental,
human health, or economic effect on the surrounding
populations, if the facility or site becomes the subject of a
substantial Federal environmental administrative or judicial
action.
(4) Impact from federal facilities.--Each Federal agency,
to the maximum extent practicable and permitted by applicable
law, shall collect, maintain, and analyze information relating
to the race, national origin, and income level, and other
readily accessible and appropriate information, for communities
of color, low-income communities, and Tribal and Indigenous
communities in proximity to any facility of the Federal agency
that is--
(A) subject to the reporting requirements under the
Emergency Planning and Community Right-to-Know Act of
1986 (42 U.S.C. 11001 et seq.), as required by
Executive Order 12898 (42 U.S.C. 4321 note; relating to
Federal actions to address environmental justice in
minority populations and low-income populations); and
(B) expected to have a substantial environmental,
human health, or economic effect on surrounding
populations.
(d) Consumption of Fish and Wildlife.--
(1) In general.--Each Federal agency shall develop, publish
(unless prohibited by law), and revise, as practicable and
appropriate, guidance on actions of the Federal agency that
will impact fish and wildlife consumed by populations that
principally rely on fish or wildlife for subsistence.
(2) Requirement.--The guidance described in paragraph (1)
shall--
(A) reflect the latest scientific information
available concerning methods for evaluating the human
health risks associated with the consumption of
pollutant-bearing fish or wildlife; and
(B) publish the risks of such consumption patterns.
(e) Mapping and Screening Tool.--The Administrator shall make
available to the public an environmental justice mapping and screening
tool (such as EJScreen or an equivalent tool) that includes, at a
minimum, the following features:
(1) Nationally consistent data.
(2) Environmental data.
(3) Demographic data, including data relating to race,
ethnicity, and income.
(4) Capacity to produce maps and reports by geographical
area.
(5) Data on national parks and other federally protected
natural, historic, and cultural sites.
(f) Judicial Review and Rights of Action.--Any person may commence
a civil action--
(1) to seek relief from, or to compel, an agency action
under this section (including regulations promulgated pursuant
to this section); or
(2) otherwise to ensure compliance with this section
(including regulations promulgated pursuant to this section).
(g) Information Sharing.--In carrying out this section, each
Federal agency, to the maximum extent practicable and permitted by
applicable law, shall share information and eliminate unnecessary
duplication of efforts through the use of existing data systems and
cooperative agreements among Federal agencies and with State
governments, local governments, and Indian Tribes.
(h) Codification of Guidance.--
(1) Council on environmental quality.--Sections II and III
of the guidance issued by the Council on Environmental Quality
entitled ``Environmental Justice Guidance Under the National
Environmental Policy Act'' and dated December 10, 1997, are
enacted into law.
(2) Environmental protection agency.--The guidance issued
by the Environmental Protection Agency entitled ``EPA Policy on
Consultation and Coordination with Indian Tribes: Guidance for
Discussing Tribal Treaty Rights'' and dated February 2016 is
enacted into law.
SEC. 10. OMBUDS.
(a) Establishment.--The Administrator shall establish within the
Environmental Protection Agency a position of Environmental Justice
Ombuds.
(b) Reporting.--The Environmental Justice Ombuds--
(1) shall report directly to the Administrator; and
(2) shall not be required to report to the Office of
Environmental Justice of the Environmental Protection Agency.
(c) Functions.--The Environmental Justice Ombuds shall--
(1) in coordination with the Inspector General of the
Environmental Protection Agency, establish an independent,
neutral, accessible, confidential, and standardized process--
(A) to receive, review, and process complaints and
allegations with respect to environmental justice
programs and activities of the Environmental Protection
Agency; and
(B) to assist individuals in resolving complaints
and allegations described in subparagraph (A),
including training on restorative justice and conflict
resolution;
(2) identify and thereafter review, examine, and make
recommendations to the Administrator to address recurring and
chronic complaints regarding specific environmental justice
programs and activities of the Environmental Protection Agency
identified by the Ombuds pursuant to paragraph (1);
(3) review the Environmental Protection Agency's compliance
with policies and standards of the Environmental Protection
Agency with respect to its environmental justice programs and
activities; and
(4) produce an annual report that details the findings of
the regional staff, feedback received from environmental
justice communities, and recommendations to increase
cooperation between the Environmental Protection Agency and
environmental justice communities.
(d) Availability of Report.--The Administrator shall make each
report produced pursuant to subsection (c) available to the public
(including by posting a copy of the report on the website of the
Environmental Protection Agency).
(e) Regional Staff.--
(1) Authority of environmental justice ombuds.--The
Administrator shall allow the Environmental Justice Ombuds to
hire such staff as the Environmental Justice Ombuds determines
to be necessary to carry out at each regional office of the
Environmental Protection Agency the functions of the
Environmental Justice Ombuds described in subsection (c).
(2) Purposes.--Staff hired pursuant to paragraph (1)
shall--
(A) foster cooperation between the Environmental
Protection Agency and environmental justice
communities;
(B) consult with environmental justice communities
on the development of policies and programs of the
Environmental Protection Agency;
(C) receive feedback from environmental justice
communities on the performance of the Environmental
Protection Agency; and
(D) compile and submit to the Environmental Justice
Ombuds such information as may be necessary for the
Ombuds to produce the annual report described in
subsection (c).
(3) Full-time position.--Each individual hired by the
Environmental Justice Ombuds under paragraph (1) shall be hired
as a full-time employee of the Environmental Protection Agency.
SEC. 11. ACCESS TO PARKS, OUTDOOR SPACES, AND PUBLIC RECREATION
OPPORTUNITIES.
(a) Definitions.--In this section:
(1) Eligible entity.--
(A) In general.--The term ``eligible entity'' means
an entity described in subparagraph (B) that represents
or otherwise serves a qualifying urban area.
(B) Entity described.--An entity referred to in
subparagraph (A) is--
(i) a State;
(ii) a political subdivision of a State,
including--
(I) a city;
(II) a county; and
(III) a special purpose district
that manages open space, including a
park district;
(iii) an Indian Tribe;
(iv) an urban Indian organization;
(v) an Alaska Native community;
(vi) an Alaska Native organization;
(vii) a Native Hawaiian community; or
(viii) a Native Hawaiian organization.
(2) Eligible nonprofit organization.--The term ``eligible
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.
(3) Outdoor recreation legacy partnership program.--The
term ``Outdoor Recreation Legacy Partnership Program'' means
the program established under subsection (b)(1).
(4) Qualifying urban area.--The term ``qualifying urban
area'' means--
(A) an urbanized area or urban cluster that has a
population of 25,000 or more in the most recent census;
(B) 2 or more adjacent urban clusters with a
combined population of 25,000 or more in the most
recent census; and
(C) an area administered by an entity described in
any of clauses (iii), (v), (vi), (vii), or (viii) of
paragraph (1)(B).
(5) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(6) State.--The term ``State'' means each of the several
States, the District of Columbia, and each territory of the
United States.
(b) Grants Authorized.--
(1) Establishment of program.--The Secretary shall
establish an outdoor recreation legacy partnership program
under which the Secretary may award grants to eligible entities
for projects--
(A) to acquire land and water for parks and other
outdoor recreation purposes in qualifying urban areas;
and
(B) to develop new or renovate existing outdoor
recreation facilities that provide outdoor recreation
opportunities to the public in qualifying urban areas.
(2) Considerations and priority.--
(A) Considerations.--In awarding grants to eligible
entities under paragraph (1), the Secretary shall
consider the extent to which a project would--
(i) provide recreation opportunities in
underserved communities in which access to
parks is not adequate to meet local needs;
(ii) provide opportunities for outdoor
recreation and public land volunteerism;
(iii) support innovative or cost-effective
ways to enhance--
(I) parks; and
(II)(aa) other recreation
opportunities; or
(bb) the delivery of services
relating to outdoor recreation;
(iv) support park and recreation
programming provided by cities, including
cooperative agreements with community-based
eligible nonprofit organizations;
(v) develop Native American event sites and
cultural gathering spaces;
(vi) expand access to parks and
recreational opportunities for individuals of
all abilities; and
(vii) provide benefits such as community
resilience, reduction of urban heat islands,
enhanced water or air quality, or habitat for
fish or wildlife.
(B) Priority.--In awarding grants to eligible
entities under paragraph (1), the Secretary shall give
priority to projects that--
(i) create or significantly enhance access
to park and recreational opportunities in an
urban neighborhood or community;
(ii) engage and empower underserved
communities and youth;
(iii) provide employment or job training
opportunities for youth or underserved
communities;
(iv) establish or expand public-private
partnerships, with a focus on leveraging
resources; and
(v) take advantage of coordination among
various levels of government.
(3) Matching requirement.--
(A) In general.--Subject to subparagraph (B), as a
condition of receiving a grant under paragraph (1), an
eligible entity shall provide matching funds in the
form of cash or an in-kind contribution in an amount
equal to not less than 100 percent of the amounts made
available under the grant.
(B) Waiver.--The Secretary may waive all or part of
the matching requirement under subparagraph (A) if the
Secretary determines that--
(i) no reasonable means are available
through which the eligible entity can meet the
matching requirement; and
(ii) the probable benefit of the project
outweighs the public interest in the matching
requirement.
(C) Administrative expenses.--Not more than 10
percent of funds provided to an eligible entity under a
grant awarded under paragraph (1) may be used for
administrative expenses.
(4) Eligible uses.--
(A) In general.--Subject to subparagraph (B), a
grant recipient may use a grant awarded under paragraph
(1) for a project described in subparagraph (A) or (B)
of that paragraph.
(B) Limitations on use.--A grant recipient may not
use grant funds for--
(i) incidental costs related to land
acquisition, including appraisal and titling;
(ii) operation and maintenance activities;
(iii) facilities that support
semiprofessional or professional athletics;
(iv) indoor facilities, such as recreation
centers or facilities that support primarily
non-outdoor purposes; or
(v) acquisition of land or interests in
land that restrict access to specific persons.
(c) Review and Evaluation Requirements.--In carrying out the
Outdoor Recreation Legacy Partnership Program, the Secretary shall--
(1) conduct an initial screening and technical review of
applications received;
(2) evaluate and score all qualifying applications; and
(3) provide culturally and linguistically appropriate
information to eligible entities (including eligible entities
that are low-income communities or that serve low-income
communities) on--
(A) the opportunity to apply for grants under the
Outdoor Recreation Legacy Partnership Program;
(B) the application procedures by which eligible
entities may apply for grants under the Outdoor
Recreation Legacy Partnership Program; and
(C) eligible uses for grants under the Outdoor
Recreation Legacy Partnership Program.
(d) Reporting.--
(1) Annual reports.--
(A) In general.--Each eligible entity that receives
a grant under the Outdoor Recreation Legacy Partnership
Program shall annually submit to the Secretary
performance and financial reports that--
(i) summarize project activities conducted
during the year covered by the report; and
(ii) provide the status of the project.
(B) Timing.--Each report under subparagraph (A)
shall be submitted not later than 30 days after the
last day of the applicable year covered by the report.
(2) Final reports.--Not later than 90 days after the
earlier of the date of expiration of a project period or the
completion of a project, each eligible entity that receives a
grant under the Outdoor Recreation Legacy Partnership Program
shall submit to the Secretary a final report containing such
information as the Secretary may require.
SEC. 12. TRANSIT TO TRAILS GRANT PROGRAM.
(a) Definitions.--In this section:
(1) Critically underserved community.--The term
``critically underserved community'' means--
(A) a community that can demonstrate to the
Secretary that the community has inadequate,
insufficient, or no park space or recreation
facilities, including by demonstrating--
(i) quality concerns relating to the
available park space or recreation facilities;
(ii) the presence of recreational
facilities that do not serve the needs of the
community; or
(iii) the inequitable distribution of park
space for high-need populations, based on
income, age, or other measures of vulnerability
and need;
(B) a community in which at least 50 percent of the
population is not located within \1/2\ mile of park
space;
(C) a community that is designated as a qualified
opportunity zone under section 1400Z-1 of the Internal
Revenue Code of 1986; or
(D) any other community that the Secretary
determines to be appropriate.
(2) Eligible entity.--The term ``eligible entity'' means--
(A) a State;
(B) a political subdivision of a State (including a
city or a county) that represents or otherwise serves
an urban area or a rural area;
(C) a special purpose district (including a park
district);
(D) an Indian Tribe that represents or otherwise
serves an urban area or a rural area; or
(E) a metropolitan planning organization (as
defined in section 134(b) of title 23, United States
Code).
(3) Program.--The term ``program'' means the Transit to
Trails Grant Program established under subsection (b)(1).
(4) Rural area.--The term ``rural area'' means a community
that is not an urban area.
(5) Secretary.--The term ``Secretary'' means the Secretary
of Transportation.
(6) Transportation connector.--
(A) In general.--The term ``transportation
connector'' means a system that--
(i) connects 2 ZIP Codes or communities
within a 175-mile radius of a designated
service area; and
(ii) offers rides available to the public.
(B) Inclusions.--The term ``transportation
connector'' includes microtransits, bus lines, bus
rails, light rail, rapid transits, or personal rapid
transits.
(7) Urban area.--The term ``urban area'' means a community
that--
(A) is densely developed;
(B) has residential, commercial, and other
nonresidential areas; and
(C)(i) is an urbanized area with a population of
50,000 or more; or
(ii) is an urban cluster with a population of--
(I) not less than 2,500; and
(II) not more than 50,000.
(b) Grant Program.--
(1) Establishment.--The Secretary shall establish a grant
program, to be known as the ``Transit to Trails Grant
Program'', under which the Secretary shall award grants to
eligible entities for--
(A) projects that develop transportation connectors
or routes in or serving, and related education
materials for, critically underserved communities to
increase access and mobility to Federal or non-Federal
public land, waters, parkland, or monuments; or
(B) projects that facilitate transportation
improvements to enhance access to Federal or non-
Federal public land and recreational opportunities in
critically underserved communities.
(2) Administration.--
(A) In general.--The Secretary shall administer the
program to assist eligible entities in the development
of transportation connectors or routes in or serving,
and related education materials for, critically
underserved communities and Federal or non-Federal
public land, waters, parkland, and monuments.
(B) Joint partnerships.--The Secretary shall
encourage joint partnership projects under the program,
if available, among multiple agencies, including school
districts, nonprofit organizations, metropolitan
planning organizations, regional transportation
authorities, transit agencies, and State and local
governmental agencies (including park and recreation
agencies and authorities) to enhance investment of
public sources.
(C) Annual grant project proposal solicitation,
review, and approval.--
(i) In general.--The Secretary shall--
(I) annually solicit the submission
of project proposals for grants from
eligible entities under the program;
and
(II) review each project proposal
submitted under subclause (I) on a
timeline established by the Secretary.
(ii) Required elements for project
proposal.--A project proposal submitted under
clause (i)(I) shall include--
(I) a statement of the purposes of
the project;
(II) the name of the entity or
individual with overall responsibility
for the project;
(III) a description of the
qualifications of the entity or
individuals identified under subclause
(II);
(IV) a description of--
(aa) staffing and
stakeholder engagement for the
project;
(bb) the logistics of the
project; and
(cc) anticipated outcomes
of the project;
(V) a proposed budget for the funds
and time required to complete the
project;
(VI) information regarding the
source and amount of matching funding
available for the project;
(VII) information that demonstrates
the clear potential of the project to
contribute to increased access to
parkland for critically underserved
communities; and
(VIII) any other information that
the Secretary considers to be necessary
for evaluating the eligibility of the
project for funding under the program.
(iii) Consultation; approval or
disapproval.--The Secretary shall, with respect
to each project proposal submitted under this
subparagraph, as appropriate--
(I) consult with the government of
each State in which the proposed
project is to be conducted;
(II) after taking into
consideration any comments resulting
from the consultation under subclause
(I), approve or disapprove the
proposal; and
(III) provide written notification
of the approval or disapproval to--
(aa) the individual or
entity that submitted the
proposal; and
(bb) each State consulted
under subclause (I).
(D) Priority.--To the extent practicable, in
determining whether to approve project proposals under
the program, the Secretary shall prioritize projects
that are designed to increase access and mobility to
local or neighborhood Federal or non-Federal public
land, waters, parkland, monuments, or recreational
opportunities.
(3) Transportation planning procedures.--
(A) Procedures.--In consultation with the head of
each appropriate Federal land management agency, the
Secretary shall develop, by rule, transportation
planning procedures for projects conducted under the
program that are consistent with metropolitan and
statewide planning processes.
(B) Requirements.--All projects carried out under
the program shall be developed in cooperation with
States and metropolitan planning organizations.
(4) Non-federal contributions.--
(A) In general.--As a condition of receiving a
grant under the program, an eligible entity shall
provide funds in the form of cash or an in-kind
contribution in an amount equal to not less than 100
percent of the amount of the grant.
(B) Sources.--The non-Federal contribution required
under subparagraph (A) may include amounts made
available from State, local, nongovernmental, or
private sources.
(5) Eligible uses.--Grant funds provided under the program
may be used--
(A) to develop transportation connectors or routes
in or serving, and related education materials for,
critically underserved communities to increase access
and mobility to Federal and non-Federal public land,
waters, parkland, and monuments; and
(B) to create or significantly enhance access to
Federal or non-Federal public land and recreational
opportunities in an urban area or a rural area.
(6) Grant amount.--A grant provided under the program shall
be--
(A) not less than $25,000; and
(B) not more than $500,000.
(7) Technical assistance.--It is the intent of Congress
that grants provided under the program deliver project funds to
areas of greatest need while offering technical assistance to
all applicants and potential applicants for grant preparation
to encourage full participation in the program.
(8) Public information.--The Secretary shall ensure that
current schedules and routes for transportation systems
developed after the receipt of a grant under the program are
available to the public, including on a website maintained by
the recipient of a grant.
(c) Reporting Requirement.--
(1) Reports by grant recipients.--The Secretary shall
require a recipient of a grant under the program to submit to
the Secretary at least 1 performance and financial report
that--
(A) includes--
(i) demographic data on communities served
by the project; and
(ii) a summary of project activities
conducted after receiving the grant; and
(B) describes the status of each project funded by
the grant as of the date of the report.
(2) Additional reports.--In addition to the report required
under paragraph (1), the Secretary may require additional
reports from a recipient, as the Secretary determines to be
appropriate, including a final report.
(3) Deadlines.--The Secretary shall establish deadlines for
the submission of each report required under paragraph (1) or
(2).
(d) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $10,000,000 for each fiscal
year.
SEC. 13. REPEAL OF SUNSET FOR THE EVERY KID OUTDOORS PROGRAM.
Section 9001(b) of the John D. Dingell, Jr. Conservation,
Management, and Recreation Act (16 U.S.C. 6804 note; Public Law 116-9)
is amended by striking paragraph (5).
SEC. 14. PROTECTIONS FOR ENVIRONMENTAL JUSTICE COMMUNITIES AGAINST
HARMFUL FEDERAL ACTIONS.
(a) Purpose.--The purpose of this section is to establish
additional protections relating to Federal actions affecting
environmental justice communities in recognition of the
disproportionate burden of adverse human health or environmental
effects faced by such communities.
(b) Definitions.--In this section:
(1) Environmental impact statement.--The term
``environmental impact statement'' means the detailed statement
of environmental impacts of a proposed action required to be
prepared pursuant to the National Environmental Policy Act of
1969 (42 U.S.C. 4321 et seq.).
(2) Federal action.--The term ``Federal action'' means a
proposed action that requires the preparation of an
environmental impact statement, environmental assessment,
categorical exclusion, or other document under the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).
(c) Preparation of a Community Impact Report.--A Federal agency
proposing to take a Federal action that has the potential to cause
negative environmental or public health impacts on an environmental
justice community shall prepare a community impact report assessing the
potential impacts of the proposed action.
(d) Contents.--A community impact report described in subsection
(c) shall--
(1) assess the degree to which a proposed Federal action
affecting an environmental justice community will cause
multiple or cumulative exposure to human health and
environmental hazards that influence, exacerbate, or contribute
to adverse health outcomes;
(2) assess relevant public health data and industry data
concerning the potential for multiple or cumulative exposure to
human health or environmental hazards in the area of the
environmental justice community and historical patterns of
exposure to environmental hazards and Federal agencies shall
assess these multiple, or cumulative effects, even if certain
effects are not within the control or subject to the discretion
of the Federal agency proposing the Federal action;
(3) assess the impact of such proposed Federal action on
such environmental justice community's ability to access public
parks, outdoor spaces, and public recreation opportunities;
(4) evaluate alternatives to or mitigation measures for the
proposed Federal action that will--
(A) eliminate or reduce any identified exposure to
human health and environmental hazards described in
paragraph (1) to a level that is reasonably expected to
avoid human health impacts in environmental justice
communities; and
(B) not negatively impact an environmental justice
community's ability to access public parks, outdoor
spaces, and public recreation opportunities;
(5) analyze any alternative developed by members of an
affected environmental justice community that meets the purpose
and need of the proposed action;
(6) assess the impact on access to reliable energy sources
and on electricity prices for low-income communities, minority
communities, Native Americans, and senior citizens;
(7) assess the impact of the Federal action on drought,
domestic food availability, and domestic food prices; and
(8) assess the impact on timely meeting net-zero goals as
outlined in Executive Order 14057 (86 Fed. Reg. 70935; relating
to catalyzing clean energy industries and jobs through Federal
sustainability).
(e) Delegation.--Federal agencies shall not delegate responsibility
for the preparation of a community impact report described in
subsection (c) to any other entity.
(f) National Environmental Policy Act Requirements for
Environmental Justice Communities.--When carrying out the requirements
of the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et
seq.) for a proposed Federal action that may affect an environmental
justice community, a Federal agency shall--
(1) consider all potential direct, indirect, and cumulative
impacts caused by the action, alternatives to such action, and
mitigation measures on the environmental justice community
required by that Act;
(2) require any public comment period carried out during
the scoping phase of the environmental review process to be not
less than 90 days;
(3) provide early and meaningful community involvement
opportunities by--
(A) holding multiple hearings in such community
regarding the proposed Federal action in each prominent
language within the environmental justice community;
and
(B) providing notice of any step or action in the
process under that Act that involves public
participation to any representative entities or
organizations present in the environmental justice
community, including--
(i) local religious organizations;
(ii) civic associations and organizations;
(iii) business associations of people of
color;
(iv) environmental and environmental
justice organizations, including community-
based grassroots organizations led by people of
color;
(v) homeowners', tenants', and neighborhood
watch groups;
(vi) local governments and Indian Tribes;
(vii) rural cooperatives;
(viii) business and trade organizations;
(ix) community and social service
organizations;
(x) universities, colleges, and vocational
schools;
(xi) labor and other worker organizations;
(xii) civil rights organizations;
(xiii) senior citizens' groups; and
(xiv) public health agencies and clinics;
and
(4) provide translations of publicly available documents
made available pursuant to that Act in any language spoken by
more than 5 percent of the population residing within the
environmental justice community.
(g) Communication Methods and Requirements.--Any notice provided
under subsection (f)(3)(B) shall be provided--
(1) through communication methods that are accessible in
the environmental justice community, which may include
electronic media, newspapers, radio, direct mailings,
canvassing, and other outreach methods particularly targeted at
communities of color, low-income communities, and Tribal and
Indigenous communities; and
(2) at least 30 days before any hearing in such community
or the start of any public comment period.
(h) Requirements for Actions Requiring an Environmental Impact
Statement.--For any proposed Federal action affecting an environmental
justice community requiring the preparation of an environmental impact
statement, the Federal agency shall provide the following information
when giving notice of the proposed action:
(1) A description of the proposed action.
(2) An outline of the anticipated schedule for completing
the process under the National Environmental Policy Act of 1969
(42 U.S.C. 4321 et seq.), with a description of key milestones.
(3) An initial list of alternatives and potential impacts.
(4) An initial list of other existing or proposed sources
of multiple or cumulative exposure to environmental hazards
that contribute to higher rates of serious illnesses within the
environmental justice community.
(5) An agency point of contact.
(6) Timely notice of locations where comments will be
received or public meetings held.
(7) Any telephone number or locations where further
information can be obtained.
(i) National Environmental Policy Act Requirements for Indian
Tribes.--When carrying out the requirements of the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) for a
proposed Federal action that may affect an Indian Tribe, a Federal
agency shall--
(1) seek Tribal representation in the process in a manner
that is consistent with the government-to-government
relationship between the United States and Indian Tribes, the
Federal Government's trust responsibility to federally
recognized Indian Tribes, and any treaty rights;
(2) ensure that an Indian Tribe is invited to hold the
status of a cooperating agency throughout the process under
that Act for any proposed action that could impact an Indian
Tribe, including actions that could impact off reservation
lands and sacred sites; and
(3) invite an Indian Tribe to hold the status of a
cooperating agency in accordance with paragraph (2) not later
than the date on which the scoping process for a proposed
action requiring the preparation of an environmental impact
statement commences.
(j) Agency Determinations.--Federal agency determinations about the
analysis of a community impact report described in subsection (c) shall
be subject to judicial review to the same extent as any other analysis
performed under the National Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.).
(k) Effective Date.--This section shall take effect 1 year after
the date of enactment of this Act.
(l) Savings Clause.--Nothing in this section diminishes--
(1) any right granted through the National Environmental
Policy Act of 1969 (42 U.S.C. 4321 et seq.) to the public; or
(2) the requirements under that Act to consider direct,
indirect, and cumulative impacts.
SEC. 15. STRENGTHENING COMMUNITY PROTECTIONS UNDER THE NATIONAL
ENVIRONMENTAL POLICY ACT OF 1969.
(a) Definitions.--The National Environmental Policy Act of 1969 is
amended by inserting after section 2 (42 U.S.C. 4321) the following:
``SEC. 3. DEFINITIONS.
``In this Act:
``(1) Effect; impact.--The terms `effect' and `impact' mean
changes to the human environment from a proposed action or
alternatives that are reasonably foreseeable, including the
following:
``(A) Direct effects, which are caused by the
action and occur at the same time and place.
``(B) Indirect effects, which are caused by the
action and occur later in time or farther removed in
distance, but are still reasonably foreseeable, and
include growth-inducing effects and other effects
related to induced changes in the pattern of land use,
population density, or growth rate, and related effects
on air and water and other natural systems, including
ecosystems.
``(C) Cumulative effects, which are effects on the
environment that result from the incremental effects of
the action when added to the effects of other past,
present, and reasonably foreseeable actions regardless
of what agency or person undertakes those other
actions, and can result from individually minor but
collectively significant actions taking place over a
period of time.
``(D) Effects that are ecological (such as the
effects on natural resources and on the components,
structures, and functioning of affected ecosystems),
aesthetic, historical, cultural, economic, social, or
health effects, whether direct, indirect, or
cumulative, including effects resulting from actions
that may have both beneficial and detrimental effects,
even if on balance the agency believes that the effects
will be beneficial.
``(2) Limited english proficiency.--The term `limited
English proficiency', with respect to a household, means that
the household does not have an adult that speaks English very
well according to the United States Census Bureau.
``(3) Low-income household.--The term `low-income
household' means a household that is at or below twice the
poverty threshold, as that threshold is determined annually by
the United States Census Bureau.
``(4) Overburdened community.--The term `overburdened
community' means any census block group, as determined in
accordance with the most recent United States Census, in
which--
``(A) at least 35 percent of the households qualify
as low-income households;
``(B) at least 40 percent of the residents identify
as minority or as members of a Tribal and Indigenous
community; or
``(C) at least 40 percent of the households have
limited English proficiency.
``(5) Tribal and indigenous community.--The term `Tribal
and Indigenous community' means a population of people who are
members of--
``(A) a federally recognized Indian Tribe;
``(B) a State-recognized Indian Tribe;
``(C) an Alaska Native or Native Hawaiian community
or organization; or
``(D) any other community of Indigenous people
located in a State.''.
(b) Declaration of National Environmental Policy.--Section 101(a)
of the National Environmental Policy Act of 1969 (42 U.S.C. 4331(a)) is
amended--
(1) by striking ``man's'' and inserting ``human''; and
(2) by striking ``man'' each place it appears and inserting
``humankind''.
(c) Environmental Analyses Requirements.--Section 102 of the
National Environmental Policy Act of 1969 (42 U.S.C. 4332) is amended--
(1) in the matter preceding paragraph (1), by striking
``The Congress authorizes and directs that, to the fullest
extent possible:'' and inserting ``Congress authorizes and
directs that, notwithstanding any other provision of law and to
the fullest extent possible:'';
(2) in paragraph (2)--
(A) in subparagraph (A)--
(i) by striking ``insure'' and inserting
``ensure''; and
(ii) by striking ``man's'' and inserting
``the human'';
(B) in subparagraph (B), by striking ``insure'' and
inserting ``ensure''; and
(C) in subparagraph (C)--
(i) by striking clause (iii) and inserting
the following:
``(iii) a reasonable range of alternatives that--
``(I) are technically feasible,
``(II) are economically feasible, and
``(III) where applicable, do not cause or
contribute to adverse cumulative effects,
including effects caused by exposure to
environmental pollution, on an overburdened
community that are higher than those borne by
other communities within the State, county, or
other geographic unit of analysis as determined
by the agency preparing or having taken primary
responsibility for preparing the environmental
document pursuant to this Act, except where the
agency determines that an alternative will
serve a compelling public interest in the
affected overburdened community with conditions
to protect public health,''; and
(ii) in clause (iv), by striking ``man's''
and inserting ``the human'';
(3) in subparagraph (E), by inserting ``that are consistent
with subparagraph (C)(3)'' after ``describe appropriate
alternatives''; and
(4) in subparagraph (F), by striking ``mankind's'' and
inserting ``humankind's''.
SEC. 16. TRAINING OF EMPLOYEES OF FEDERAL AGENCIES.
(a) Initial Training.--Not later than 1 year after the date of
enactment of this Act, each employee of the Department of Energy, the
Environmental Protection Agency, the Department of the Interior, and
the National Oceanic and Atmospheric Administration shall complete an
environmental justice training program to ensure that each such
employee--
(1) has received training in environmental justice; and
(2) is capable of--
(A) appropriately incorporating environmental
justice concepts into the daily activities of the
employee; and
(B) increasing the meaningful participation of
individuals from environmental justice communities in
the activities of the applicable agency.
(b) Mandatory Participation.--Effective on the date that is 1 year
after the date of enactment of this Act, each individual hired by the
Department of Energy, the Environmental Protection Agency, the
Department of the Interior, and the National Oceanic and Atmospheric
Administration after that date shall be required to participate in
environmental justice training.
(c) Requirement Relating to Certain Employees.--
(1) In general.--With respect to each Federal agency that
participates in the Working Group, not later than 30 days after
the date on which an individual is appointed to the position of
environmental justice coordinator, Environmental Justice
Ombuds, or any other position the responsibility of which
involves the conducting of environmental justice activities,
the individual shall be required to possess documentation of
the completion by the individual of environmental justice
training.
(2) Effect.--If an individual described in paragraph (1)
fails to meet the requirement described in that paragraph, the
Federal agency at which the individual is employed shall
transfer the individual to a different position until the date
on which the individual completes environmental justice
training.
(3) Evaluation.--Not later than 3 years after the date of
enactment of this Act, the Inspector General of each Federal
agency that participates in the Working Group shall evaluate
the training programs of such Federal agency to determine if
such Federal agency has improved the rate of training of the
employees of such Federal agency to ensure that each employee
has received environmental justice training.
SEC. 17. ENVIRONMENTAL JUSTICE GRANT PROGRAMS.
(a) Environmental Justice Community Grant Program.--
(1) Establishment.--The Administrator shall establish a
program under which the Administrator shall provide grants to
eligible entities to assist the eligible entities in--
(A) building capacity to address issues relating to
environmental justice; and
(B) carrying out any activity described in
paragraph (4).
(2) Eligibility.--To be eligible to receive a grant under
paragraph (1), an eligible entity shall be a nonprofit,
community-based organization that conducts activities,
including providing medical and preventive health services, to
reduce the disproportionate health impacts of environmental
pollution in the environmental justice community at which the
eligible entity proposes to conduct an activity that is the
subject of the application described in paragraph (3).
(3) Application.--To be eligible to receive a grant under
paragraph (1), an eligible entity shall submit to the
Administrator an application at such time, in such manner, and
containing such information as the Administrator may require,
including--
(A) an outline describing the means by which the
project proposed by the eligible entity will--
(i) with respect to environmental and
public health issues at the local level,
increase the understanding of the environmental
justice community at which the eligible entity
will conduct the project;
(ii) improve the ability of the
environmental justice community to address each
issue described in clause (i);
(iii) facilitate collaboration and
cooperation among various stakeholders
(including members of the environmental justice
community); and
(iv) support the ability of the
environmental justice community to proactively
plan and implement just sustainable community
development and revitalization initiatives,
including countering displacement and
gentrification;
(B) a proposed budget for each activity of the
project that is the subject of the application;
(C) a list of proposed outcomes with respect to the
proposed project;
(D) a description of the ways by which the eligible
entity may leverage the funds of the eligible entity,
or the funds made available through a grant under this
subsection, to develop a project that is capable of
being sustained beyond the period of the grant; and
(E) a description of the ways by which the eligible
entity is linked to, and representative of, the
environmental justice community at which the eligible
entity will conduct the project.
(4) Use of funds.--An eligible entity may only use a grant
under this subsection to carry out culturally and
linguistically appropriate projects and activities that are
driven by the needs, opportunities, and priorities of the
environmental justice community at which the eligible entity
proposes to conduct the project or activity to address
environmental justice concerns and improve the health or
environment of the environmental justice community, including
activities--
(A) to create or develop collaborative
partnerships;
(B) to educate and provide outreach services to the
environmental justice community;
(C) to identify and implement projects to address
environmental or public health concerns; or
(D) to develop a comprehensive understanding of
environmental or public health issues.
(5) Report.--
(A) In general.--Not later than 1 year after the
date of enactment of this Act, and annually thereafter,
the Administrator shall submit to the Committees on
Environment and Public Works and Energy and Natural
Resources of the Senate and the Committees on Energy
and Commerce and Natural Resources of the House of
Representatives a report describing the ways by which
the grant program under this subsection has helped
community-based nonprofit organizations address issues
relating to environmental justice.
(B) Public availability.--The Administrator shall
make each report required under subparagraph (A)
available to the public (including by posting a copy of
the report on the website of the Environmental
Protection Agency).
(6) Authorization of appropriations.--There is authorized
to be appropriated to carry out this subsection $25,000,000 for
each of fiscal years 2024 through 2028.
(b) State Grant Program.--
(1) Establishment.--The Administrator shall establish a
program under which the Administrator shall provide grants to
States to enable the States--
(A) to establish culturally and linguistically
appropriate protocols, activities, and mechanisms for
addressing issues relating to environmental justice;
and
(B) to carry out culturally and linguistically
appropriate activities to reduce or eliminate
disproportionately adverse human health or
environmental effects on environmental justice
communities in the State, including reducing economic
vulnerabilities that result in the environmental
justice communities being disproportionately affected.
(2) Eligibility.--
(A) Application.--To be eligible to receive a grant
under paragraph (1), a State shall submit to the
Administrator an application at such time, in such
manner, and containing such information as the
Administrator may require, including--
(i) a plan that contains a description of
the means by which the funds provided through a
grant under paragraph (1) will be used to
address issues relating to environmental
justice at the State level; and
(ii) assurances that the funds provided
through a grant under paragraph (1) will be
used only to supplement the amount of funds
that the State allocates for initiatives
relating to environmental justice.
(B) Ability to continue program.--To be eligible to
receive a grant under paragraph (1), a State shall
demonstrate to the Administrator that the State has the
ability to continue each program that is the subject of
funds provided through a grant under paragraph (1)
after receipt of the funds.
(3) Report.--
(A) In general.--Not later than 1 year after the
date of enactment of this Act, and annually thereafter,
the Administrator shall submit to the Committees on
Environment and Public Works and Energy and Natural
Resources of the Senate and the Committees on Energy
and Commerce and Natural Resources of the House of
Representatives a report describing--
(i) the implementation of the grant program
established under paragraph (1);
(ii) the impact of the grant program on
improving the ability of each participating
State to address environmental justice issues;
and
(iii) the activities carried out by each
State to reduce or eliminate disproportionately
adverse human health or environmental effects
on environmental justice communities in the
State.
(B) Public availability.--The Administrator shall
make each report required under subparagraph (A)
available to the public (including by posting a copy of
the report on the website of the Environmental
Protection Agency).
(4) Authorization of appropriations.--There is authorized
to be appropriated to carry out this subsection $15,000,000 for
each of fiscal years 2024 through 2028.
(c) Tribal Grant Program.--
(1) Establishment.--The Administrator shall establish a
program under which the Administrator shall provide grants to
Indian Tribes--
(A) to establish culturally and linguistically
appropriate protocols, activities, and mechanisms for
addressing issues relating to environmental justice;
and
(B) to carry out culturally and linguistically
appropriate activities to reduce or eliminate
disproportionately adverse human health or
environmental effects on environmental justice
communities in Tribal and Indigenous communities,
including reducing economic vulnerabilities that result
in the Tribal and Indigenous communities being
disproportionately affected.
(2) Eligibility.--
(A) Application.--To be eligible to receive a grant
under paragraph (1), an Indian Tribe shall submit to
the Administrator an application at such time, in such
manner, and containing such information as the
Administrator may require, including--
(i) a plan that contains a description of
the means by which the funds provided through a
grant under paragraph (1) will be used to
address issues relating to environmental
justice in Tribal and Indigenous communities;
and
(ii) assurances that the funds provided
through a grant under paragraph (1) will be
used only to supplement the amount of funds
that the Indian Tribe allocates for initiatives
relating to environmental justice.
(B) Ability to continue program.--To be eligible to
receive a grant under paragraph (1), an Indian Tribe
shall demonstrate to the Administrator that the Indian
Tribe has the ability to continue each program that is
the subject of funds provided through a grant under
paragraph (1) after receipt of the funds.
(3) Report.--
(A) In general.--Not later than 1 year after the
date of enactment of this Act, and annually thereafter,
the Administrator shall submit to the Committees on
Environment and Public Works and Energy and Natural
Resources of the Senate and the Committees on Energy
and Commerce and Natural Resources of the House of
Representatives a report describing--
(i) the implementation of the grant program
established under paragraph (1);
(ii) the impact of the grant program on
improving the ability of each participating
Indian Tribe to address environmental justice
issues; and
(iii) the activities carried out by each
Indian Tribe to reduce or eliminate
disproportionately adverse human health or
environmental effects on applicable
environmental justice communities in Tribal and
Indigenous communities.
(B) Public availability.--The Administrator shall
make each report required under subparagraph (A)
available to the public (including by posting a copy of
the report on the website of the Environmental
Protection Agency).
(4) Authorization of appropriations.--There is authorized
to be appropriated to carry out this subsection $25,000,000 for
each of fiscal years 2024 through 2028.
(d) Community-Based Participatory Research Grant Program.--
(1) Establishment.--The Administrator, in consultation with
the Director, shall establish a program under which the
Administrator shall provide not more than 25 multiyear grants
to eligible entities to carry out community-based participatory
research--
(A) to address issues relating to environmental
justice;
(B) to improve the environment of residents and
workers in environmental justice communities; and
(C) to improve the health outcomes of residents and
workers in environmental justice communities.
(2) Eligibility.--To be eligible to receive a multiyear
grant under paragraph (1), an eligible entity shall be a
partnership composed of--
(A) an accredited institution of higher education;
and
(B) a community-based organization.
(3) Application.--To be eligible to receive a multiyear
grant under paragraph (1), an eligible entity shall submit to
the Administrator an application at such time, in such manner,
and containing such information as the Administrator may
require, including--
(A) a detailed description of the partnership of
the eligible entity that, as determined by the
Administrator, demonstrates the participation of
members of the community at which the eligible entity
proposes to conduct the research; and
(B) a description of--
(i) the project proposed by the eligible
entity; and
(ii) the ways by which the project will--
(I) address issues relating to
environmental justice;
(II) assist in the improvement of
health outcomes of residents and
workers in environmental justice
communities; and
(III) assist in the improvement of
the environment of residents and
workers in environmental justice
communities.
(4) Public availability.--The Administrator shall make the
results of the grants provided under this subsection available
to the public, including by posting on the website of the
Environmental Protection Agency a copy of the grant awards and
an annual report at the beginning of each fiscal year
describing the research findings associated with each grant
provided under this subsection.
(5) Authorization of appropriations.--There is authorized
to be appropriated to carry out this subsection $10,000,000 for
each of fiscal years 2024 through 2028.
SEC. 18. ENVIRONMENTAL JUSTICE BASIC TRAINING PROGRAM.
(a) Establishment.--The Administrator shall establish a basic
training program, in coordination and consultation with nongovernmental
environmental justice organizations, to increase the capacity of
residents of environmental justice communities to identify and address
disproportionately adverse human health or environmental effects by
providing culturally and linguistically appropriate--
(1) training and education relating to--
(A) basic and advanced techniques for the
detection, assessment, and evaluation of the effects of
hazardous substances on human health;
(B) methods to assess the risks to human health
presented by hazardous substances;
(C) methods and technologies to detect hazardous
substances in the environment;
(D) basic biological, chemical, and physical
methods to reduce the quantity and toxicity of
hazardous substances;
(E) the rights and safeguards currently afforded to
individuals through policies and laws intended to help
environmental justice communities address disparate
impacts and discrimination, including--
(i) environmental laws; and
(ii) section 602 of the Civil Rights Act of
1964 (42 U.S.C. 2000d-1);
(F) public engagement opportunities through the
policies and laws described in subparagraph (E);
(G) materials available on the Clearinghouse;
(H) methods to expand access to parks and other
natural and recreational amenities; and
(I) finding and applying for Federal grants related
to environmental justice; and
(2) short courses and continuation education programs for
residents of communities who are located in close proximity to
hazardous substances to provide--
(A) education relating to--
(i) the proper manner to handle hazardous
substances;
(ii) the management of facilities at which
hazardous substances are located (including
facility compliance protocols); and
(iii) the evaluation of the hazards that
facilities described in clause (ii) pose to
human health; and
(B) training on environmental and occupational
health and safety with respect to the public health and
engineering aspects of hazardous waste control.
(b) Grant Program.--
(1) Establishment.--In carrying out the basic training
program established under subsection (a), the Administrator may
provide grants to, or enter into any contract or cooperative
agreement with, an eligible entity to carry out any training or
educational activity described in subsection (a).
(2) Eligible entity.--To be eligible to receive assistance
under paragraph (1), an eligible entity shall be an accredited
institution of education in partnership with--
(A) a community-based organization that carries out
activities relating to environmental justice;
(B) a generator of hazardous waste;
(C) any individual who is involved in the
detection, assessment, evaluation, or treatment of
hazardous waste;
(D) any owner or operator of a facility at which
hazardous substances are located; or
(E) any State government, Indian Tribe, or local
government.
(c) Plan.--
(1) In general.--Not later than 2 years after the date of
enactment of this Act, the Administrator, in consultation with
the Director, shall develop and publish in the Federal Register
a plan to carry out the basic training program established
under subsection (a).
(2) Contents.--The plan described in paragraph (1) shall
contain--
(A) a list that describes the relative priority of
each activity described in subsection (a); and
(B) a description of research and training relevant
to environmental justice issues of communities
adversely affected by pollution.
(3) Coordination with federal agencies.--The Administrator
shall, to the maximum extent practicable, take appropriate
steps to coordinate the activities of the basic training
program described in the plan with the activities of other
Federal agencies to avoid any duplication of effort.
(d) Report.--
(1) In general.--Not later than 2 years after the date of
enactment of this Act, and every 2 years thereafter, the
Administrator shall submit to the Committees on Environment and
Public Works and Energy and Natural Resources of the Senate and
the Committees on Energy and Commerce and Natural Resources of
the House of Representatives a report describing--
(A) the implementation of the basic training
program established under subsection (a); and
(B) the impact of the basic training program on
improving training opportunities for residents of
environmental justice communities.
(2) Public availability.--The Administrator shall make the
report required under paragraph (1) available to the public
(including by posting a copy of the report on the website of
the Environmental Protection Agency).
(e) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $10,000,000 for each of fiscal
years 2024 through 2028.
SEC. 19. NATIONAL ENVIRONMENTAL JUSTICE ADVISORY COUNCIL.
(a) Establishment.--The President shall establish an advisory
council, to be known as the ``National Environmental Justice Advisory
Council''.
(b) Membership.--The Advisory Council shall be composed of 26
members who have knowledge of, or experience relating to, the effect of
environmental conditions on communities of color, low-income
communities, and Tribal and Indigenous communities, including--
(1) representatives of--
(A) community-based organizations that carry out
initiatives relating to environmental justice,
including grassroots organizations led by people of
color;
(B) State governments, Indian Tribes, and local
governments;
(C) Tribal organizations and other Tribal and
Indigenous communities;
(D) nongovernmental and environmental
organizations; and
(E) private sector organizations (including
representatives of industries and businesses); and
(2) experts in the field of--
(A) socioeconomic analysis;
(B) health and environmental effects;
(C) exposure evaluation;
(D) environmental law and civil rights law; or
(E) environmental health science research.
(c) Subcommittees; Workgroups.--
(1) Establishment.--The Advisory Council may establish any
subcommittee or workgroup to assist the Advisory Council in
carrying out any duty of the Advisory Council described in
subsection (d).
(2) Report.--Upon the request of the Advisory Council, each
subcommittee or workgroup established by the Advisory Council
under paragraph (1) shall submit to the Advisory Council a
report that contains--
(A) a description of each recommendation of the
subcommittee or workgroup; and
(B) any advice requested by the Advisory Council
with respect to any duty of the Advisory Council.
(d) Duties.--The Advisory Council shall provide independent advice
and recommendations to the Environmental Protection Agency with respect
to issues relating to environmental justice, including advice--
(1) to help develop, facilitate, and conduct reviews of the
direction, criteria, scope, and adequacy of the scientific
research and demonstration projects of the Environmental
Protection Agency relating to environmental justice;
(2) to improve participation, cooperation, and
communication with respect to such issues--
(A) within the Environmental Protection Agency;
(B) between the Environmental Protection Agency and
other entities; and
(C) between, and among, the Environmental
Protection Agency and Federal agencies, State and local
governments, Indian Tribes, environmental justice
leaders, interest groups, and the public;
(3) requested by the Administrator to help improve the
response of the Environmental Protection Agency in securing
environmental justice for communities of color, low-income
communities, and Tribal and Indigenous communities; and
(4) on issues relating to--
(A) the developmental framework of the
Environmental Protection Agency with respect to the
integration by the Environmental Protection Agency of
socioeconomic programs into the strategic planning,
annual planning, and management accountability of the
Environmental Protection Agency to achieve
environmental justice results throughout the
Environmental Protection Agency;
(B) the measurement and evaluation of the progress,
quality, and adequacy of the Environmental Protection
Agency in planning, developing, and implementing
environmental justice strategies, projects, and
programs;
(C) any existing and future information management
systems, technologies, and data collection activities
of the Environmental Protection Agency (including
recommendations to conduct analyses that support and
strengthen environmental justice programs in
administrative and scientific areas);
(D) the administration of grant programs relating
to environmental justice assistance; and
(E) education, training, and other outreach
activities conducted by the Environmental Protection
Agency relating to environmental justice.
(e) Meetings.--
(1) Frequency.--
(A) In general.--Subject to subparagraph (B), the
Advisory Council shall meet biannually.
(B) Authority of administrator.--The Administrator
may require the Advisory Council to conduct additional
meetings if the Administrator determines that the
conduct of any additional meetings is necessary.
(2) Public participation.--
(A) In general.--Subject to subparagraph (B), each
meeting of the Advisory Council shall be open to the
public to provide the public an opportunity--
(i) to submit comments to the Advisory
Council; and
(ii) to appear before the Advisory Council.
(B) Authority of administrator.--The Administrator
may close any meeting, or portion of any meeting, of
the Advisory Council to the public.
(f) FACA Applicability.--Chapter 10 of title 5, United States Code,
shall apply to the Advisory Council.
(g) Travel Expenses.--The Administrator may provide to any member
of the Advisory Council travel expenses, including per diem in lieu of
subsistence, at rates authorized for an employee of an agency under
subchapter I of chapter 57 of title 5, United States Code, while away
from the home or regular place of business of the member in the
performance of the duties of the Advisory Council.
SEC. 20. ENVIRONMENTAL JUSTICE CLEARINGHOUSE.
(a) Establishment.--Not later than 1 year after the date of
enactment of this Act, the Administrator shall establish a public
internet-based clearinghouse, to be known as the Environmental Justice
Clearinghouse.
(b) Contents.--The Clearinghouse shall be composed of culturally
and linguistically appropriate materials related to environmental
justice, including--
(1) information describing the activities conducted by the
Environmental Protection Agency to address issues relating to
environmental justice;
(2) copies of training materials provided by the
Administrator to help individuals and employees understand and
carry out environmental justice activities;
(3) links to web pages that describe environmental justice
activities of other Federal agencies;
(4) a directory of individuals who possess technical
expertise in issues relating to environmental justice;
(5) a directory of nonprofit and community-based
organizations, including grassroots organizations led by people
of color, that address issues relating to environmental justice
at the local, State, and Federal levels (with particular
emphasis given to nonprofit and community-based organizations
that possess the capability to provide advice or technical
assistance to environmental justice communities); and
(6) any other appropriate information as determined by the
Administrator, including information on any resources available
to help address the disproportionate burden of adverse human
health or environmental effects on environmental justice
communities.
(c) Consultation.--In developing the Clearinghouse, the
Administrator shall consult with individuals representing academic and
community-based organizations who have expertise in issues relating to
environmental justice.
(d) Annual Review.--The Advisory Council shall--
(1) conduct a review of the Clearinghouse on an annual
basis; and
(2) recommend to the Administrator any updates for the
Clearinghouse that the Advisory Council determines to be
necessary for the effective operation of the Clearinghouse.
SEC. 21. PUBLIC MEETINGS.
(a) In General.--Not later than 2 years after the date of enactment
of this Act, and biennially thereafter, the Administrator shall hold
public meetings on environmental justice issues in each region of the
Environmental Protection Agency to gather public input with respect to
the implementation and updating of environmental justice strategies and
efforts of the Environmental Protection Agency.
(b) Outreach to Environmental Justice Communities.--The
Administrator, in advance of the meetings described in subsection (a),
shall to the extent practicable hold multiple meetings in environmental
justice communities in each region to provide meaningful community
involvement opportunities.
(c) Notice.--Notice for the meetings described in subsections (a)
and (b) shall be provided--
(1) to applicable representative entities or organizations
present in the environmental justice community, including--
(A) local religious organizations;
(B) civic associations and organizations;
(C) business associations of people of color;
(D) environmental and environmental justice
organizations;
(E) homeowners', tenants', and neighborhood watch
groups;
(F) local governments;
(G) Indian Tribes, Tribal organizations, and other
Tribal and Indigenous communities;
(H) rural cooperatives;
(I) business and trade organizations;
(J) community and social service organizations;
(K) universities, colleges, and vocational schools;
(L) labor organizations;
(M) civil rights organizations;
(N) senior citizens' groups; and
(O) public health agencies and clinics;
(2) through communication methods that are accessible in
the applicable environmental justice community, which may
include electronic media, newspapers, radio, and other media
particularly targeted at communities of color, low-income
communities, and Tribal and Indigenous communities; and
(3) at least 30 days before any such meeting.
(d) Communication Methods and Requirements.--The Administrator
shall--
(1) provide translations of any documents made available to
the public pursuant to this section in any language spoken by
more than 5 percent of the population residing within the
applicable environmental justice community, and make available
translation services for meetings upon request; and
(2) not require members of the public to produce a form of
identification or register their names, provide other
information, complete a questionnaire, or otherwise fulfill any
condition precedent to attending a meeting, but if an
attendance list, register, questionnaire, or other similar
document is utilized during meetings, it shall state clearly
that the signing, registering, or completion of the document is
voluntary.
(e) Required Attendance of Certain Employees.--In holding a public
meeting under subsection (a), the Administrator shall ensure that at
least 1 employee of the Environmental Protection Agency at the level of
Assistant Administrator is present at the meeting to serve as a
representative of the Environmental Protection Agency.
SEC. 22. ENVIRONMENTAL PROJECTS FOR ENVIRONMENTAL JUSTICE COMMUNITIES.
The Administrator shall ensure that all environmental projects
developed as part of a settlement relating to violations in an
environmental justice community--
(1) are developed through consultation with, and with the
meaningful participation of, individuals in the affected
environmental justice community; and
(2) result in a quantifiable improvement to the health and
well-being of individuals in the affected environmental justice
community.
SEC. 23. GRANTS TO FURTHER ACHIEVEMENT OF TRIBAL COASTAL ZONE
OBJECTIVES.
(a) Grants Authorized.--The Coastal Zone Management Act of 1972 is
amended by inserting after section 309 (16 U.S.C. 1456b) the following:
``SEC. 309A. GRANTS TO FURTHER ACHIEVEMENT OF TRIBAL COASTAL ZONE
OBJECTIVES.
``(a) Grants Authorized.--The Secretary may award competitive
grants to Indian Tribes to further achievement of the objectives of the
Indian Tribe for the Tribal coastal zone of the Indian Tribe.
``(b) Federal Share.--
``(1) In general.--The Federal share of the cost of any
activity carried out with a grant under this section shall be--
``(A) in the case of a grant of less than $200,000,
100 percent of such cost; and
``(B) in the case of a grant of $200,000 or more,
95 percent of such cost, except as provided in
paragraph (2).
``(2) Waiver.--The Secretary may waive the requirements of
paragraph (1)(B) with respect to a grant to an Indian Tribe, or
otherwise reduce the portion of the share of the cost of an
activity required to be paid by an Indian Tribe under that
paragraph, if the Secretary determines that the Indian Tribe
does not have sufficient funds to pay the portion.
``(c) Compatibility.--The Secretary may not award a grant under
this section unless the Secretary determines that the activities to be
carried out with the grant are compatible with this title.
``(d) Authorized Objectives and Purposes.--An Indian Tribe that
receives a grant under this section shall use the grant funds for 1 or
more of the objectives and purposes authorized under subsections (b)
and (c), respectively, of section 306A.
``(e) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $5,000,000 for each of fiscal
years 2024 through 2028, of which not more than 3 percent shall be used
for administrative costs to carry out this section.
``(f) Definitions.--In this section:
``(1) Indian land.--The term `Indian land' has the meaning
given the term in section 2601 of the Energy Policy Act of 1992
(25 U.S.C. 3501).
``(2) Indian tribe.--The term `Indian Tribe' has the
meaning given the term in section 4 of the Indian Self-
Determination and Education Assistance Act (25 U.S.C. 5304).
``(3) Tribal coastal zone.--The term `Tribal coastal zone'
means any Indian land that is within the coastal zone.
``(4) Tribal coastal zone objective.--The term `Tribal
coastal zone objective', with respect to an Indian Tribe, means
any of the following objectives:
``(A) Protection, restoration, or preservation of
areas in the Tribal coastal zone of the Indian Tribe
that--
``(i) hold important ecological, cultural,
or sacred significance for the Indian Tribe; or
``(ii) reflect traditional, historical, and
aesthetic values essential to the Indian Tribe.
``(B) Preparing and implementing a special area
management plan and technical planning for important
coastal areas.
``(C) Any coastal or shoreline stabilization
measure, including any mitigation measure, for the
purpose of public safety, public access, or cultural or
historical preservation.''.
(b) Guidance.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Commerce shall issue guidance
for the program established under the amendment made by subsection (a),
including the criteria for awarding grants under that program based on
consultation with Indian Tribes.
(c) Use of State Grants To Fulfill Tribal Objectives.--Section
306A(c)(2) of the Coastal Zone Management Act of 1972 (16 U.S.C.
1455a(c)(2)) is amended--
(1) in subparagraph (D), by striking ``and'' at the end;
(2) in subparagraph (E), by striking the period at the end
and inserting ``; and''; and
(3) by adding at the end the following:
``(F) fulfilling any Tribal coastal zone objective (as that
term is defined in section 309A).''.
(d) Other Programs Not Affected.--Nothing in this section,
including an amendment made by this section, shall be construed to
affect the ability of an Indian Tribe to apply for assistance, receive
assistance under, or participate in any program authorized by the
Coastal Zone Management Act of 1972 (16 U.S.C. 1451 et seq.) or other
related Federal laws.
SEC. 24. COSMETIC LABELING.
(a) In General.--Chapter VI of the Federal Food, Drug, and Cosmetic
Act (21 U.S.C. 361 et seq.) is amended by adding at the end the
following:
``SEC. 604. LABELING.
``(a) Cosmetic Products for Professional Use.--
``(1) Definition of professional.--With respect to
cosmetics, the term `professional' means an individual who--
``(A) is licensed by an official State authority to
practice in the field of cosmetology, nail care,
barbering, or esthetics;
``(B) has complied with all requirements set forth
by the State for such licensing; and
``(C) has been granted a license by a State board
or legal agency or legal authority.
``(2) Listing of ingredients.--Cosmetic products used and
sold by professionals shall list all ingredients and warnings,
as required for other cosmetic products under this chapter.
``(3) Professional use labeling.--In the case of a cosmetic
product intended to be used only by a professional on account
of a specific ingredient or increased concentration of an
ingredient that requires safe handling by trained
professionals, the product shall bear a statement as follows:
`To be Administered Only by Licensed Professionals'.
``(b) Display Requirements.--A listing required under subsection
(a)(2) and a statement required under subsection (a)(3) shall be
prominently displayed--
``(1) in the primary language used on the label; and
``(2) in conspicuous and legible type in contrast by
typography, layout, or color with other material printed or
displayed on the label.
``(c) Internet Sales.--In the case of internet sales of cosmetics,
each internet website offering a cosmetic product for sale to consumers
shall provide the same information that is included on the packaging of
the cosmetic product as regularly available through in-person sales,
except information that is unique to a single cosmetic product sold in
a retail facility, such as a lot number or expiration date, and the
warnings and statements described in subsection (b) shall be
prominently and conspicuously displayed on the website.
``(d) Contact Information.--The label on each cosmetic shall bear
the domestic telephone number or electronic contact information, and it
is encouraged that the label include both the telephone number and
electronic contact information, that consumers may use to contact the
responsible person with respect to adverse events. The contact number
shall provide a means for consumers to obtain additional information
about ingredients in a cosmetic, including the ability to ask if a
specific ingredient may be present that is not listed on the label,
including whether a specific ingredient may be contained in the
fragrance or flavor used in the cosmetic. The manufacturer of the
cosmetic is responsible for providing such information, including
obtaining the information from suppliers if it is not readily
available. Suppliers are required to release such information upon
request of the cosmetic manufacturer.''.
(b) Misbranding.--Section 602 of the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 362) is amended by adding at the end the
following:
``(g) If its labeling does not conform with a requirement under
section 604.''.
(c) Effective Date.--Section 604 of the Federal Food, Drug, and
Cosmetic Act, as added by subsection (a), shall take effect on the date
that is 1 year after the date of enactment of this Act.
SEC. 25. SAFER COSMETIC ALTERNATIVES FOR DISPROPORTIONATELY IMPACTED
COMMUNITIES.
(a) In General.--The Secretary of Health and Human Services (in
this section referred to as the ``Secretary''), acting through the
Commissioner of Food and Drugs, shall award grants to eligible
entities--
(1) to support research focused on the design of safer
alternatives to chemicals in cosmetics with inherent toxicity
or associated with chronic adverse health effects; or
(2) to provide educational awareness and community outreach
efforts to educate and promote the use of safer alternatives in
cosmetics.
(b) Eligible Entities.--To be eligible to receive a grant under
subsection (a), an entity shall--
(1) be a public institution such as a university, a
nonprofit research institution, or a nonprofit grassroots
organization; and
(2) not benefit from a financial relationship with a
chemical or cosmetics manufacturer, supplier, or trade
association.
(c) Priority.--In awarding grants under subsection (a), the
Secretary shall give priority to applicants proposing to focus on--
(1) replacing chemicals in professional cosmetic products
used by nail and hair and beauty salon workers with safer
alternatives; or
(2) replacing chemicals in cosmetic products marketed to
women and girls of color, including any such beauty, personal
hygiene, and intimate care products, with safer alternatives.
(d) Authorization of Appropriations.--To carry out this section,
there are authorized to be appropriated such sums as may be necessary
for fiscal years 2024 through 2028.
SEC. 26. SAFER CHILD CARE CENTERS, SCHOOLS, AND HOMES FOR
DISPROPORTIONATELY IMPACTED COMMUNITIES.
(a) In General.--The Secretary of Health and Human Services (in
this section referred to as the ``Secretary''), acting through the
Commissioner of Food and Drugs, in consultation with the Administrator
of the Environmental Protection Agency, shall award grants to eligible
entities to support research focused on the design of safer
alternatives to chemicals in consumer, cleaning, toy, and baby products
with inherent toxicity or that are associated with chronic adverse
health effects.
(b) Eligible Entities.--To be eligible to receive a grant under
subsection (a), an entity shall--
(1) be a public institution such as a university or a
nonprofit research institution; and
(2) not benefit from a financial relationship with--
(A) a chemical manufacturer, supplier, or trade
association; or
(B) a cleaning, toy, or baby product manufacturer,
supplier, or trade association.
(c) Priority.--In awarding grants under subsection (a), the
Secretary shall give priority to applicants proposing to focus on
replacing chemicals in cleaning, toy, or baby products used by child
care providers with safer alternatives.
(d) Authorization of Appropriations.--To carry out this section,
there are authorized to be appropriated such sums as may be necessary
for fiscal years 2024 through 2028.
SEC. 27. CERTAIN MENSTRUAL PRODUCTS MISBRANDED IF LABELING DOES NOT
INCLUDE INGREDIENTS.
(a) In General.--Section 502 of the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 352) is amended by adding at the end the
following:
``(gg) If it is a menstrual product, such as a menstrual cup, a
scented, scented deodorized, or unscented menstrual pad or tampon, a
therapeutic vaginal douche apparatus, or an obstetrical and
gynecological device described in section 884.5400, 884.5425, 884.5435,
884.5460, 884.5470, or 884.5900 of title 21, Code of Federal
Regulations (or any successor regulation), unless its label or labeling
lists the name of each ingredient or component of the product in order
of the most predominant ingredient or component to the least
predominant ingredient or component.''.
(b) Effective Date.--The amendment made by subsection (a) applies
with respect to products introduced or delivered for introduction into
interstate commerce on or after the date that is one year after the
date of the enactment of this Act.
SEC. 28. SUPPORT BY NATIONAL INSTITUTE OF ENVIRONMENTAL HEALTH SCIENCES
FOR RESEARCH ON HEALTH DISPARITIES IMPACTING COMMUNITIES
OF COLOR.
Subpart 12 of part C of title IV of the Public Health Service Act
(42 U.S.C. 285l et seq.) is amended by adding at the end the following
new section:
``SEC. 463C. RESEARCH ON HEALTH DISPARITIES RELATED TO COSMETICS
IMPACTING COMMUNITIES OF COLOR.
``(a) In General.--The Director of the Institute shall award grants
to eligible entities--
``(1) to expand support for basic, epidemiological, and
social scientific investigations into--
``(A) the chemicals linked (or with possible links)
to adverse health effects most commonly found in
cosmetics marketed to women and girls of color,
including beauty, personal hygiene, and intimate care
products;
``(B) the marketing and sale of such cosmetics
containing chemicals linked to adverse health effects
to women and girls of color across their lifespans;
``(C) the use of such cosmetics by women and girls
of color across their lifespans; or
``(D) the chemicals linked to the adverse health
effects most commonly found in products used by nail,
hair, and beauty salon workers;
``(2) to provide educational awareness and community
outreach efforts to educate and promote the use of safer
alternatives in cosmetics; and
``(3) to disseminate the results of any such research
described in subparagraph (A) or (B) of paragraph (1)
(conducted by the grantee pursuant to this section or
otherwise) to help communities identify and address potentially
unsafe chemical exposures in the use of cosmetics.
``(b) Eligible Entities.--To be eligible to receive a grant under
subsection (a), an entity shall--
``(1) be a public institution such as a university, a
nonprofit research institution, or a nonprofit grassroots
organization; and
``(2) not benefit from a financial relationship with a
chemical or cosmetics manufacturer, supplier, or trade
association.
``(c) Report.--Not later than the end 1 year after awarding grants
under this section, and each year thereafter, the Director of the
Institute shall submit to the Committee on Health, Education, Labor,
and Pensions of the Senate and the Committee on Energy and Commerce of
the House of Representatives, and make publicly available, a report on
the results of the investigations funded under subsection (a),
including--
``(1) summary findings on--
``(A) marketing strategies, product categories, and
specific cosmetics containing ingredients linked to
adverse health effects; and
``(B) the demographics of the populations marketed
to and using cosmetics containing such ingredients for
personal and professional use; and
``(2) recommended public health information strategies to
reduce potentially unsafe exposures to cosmetics.
``(d) Authorization of Appropriations.--To carry out this section,
there are authorized to be appropriated such sums as may be necessary
for fiscal years 2024 through 2028.''.
SEC. 29. REVENUES FOR JUST TRANSITION ASSISTANCE.
(a) Definitions.--In this section:
(1) Nonproducing lease.--The term ``nonproducing lease''
means any Federal onshore or offshore oil or natural gas lease
under which oil or natural gas is produced for fewer than 90
days in an applicable calendar year.
(2) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(b) Mineral Leasing Revenue.--
(1) Coal leases.--Section 7(a) of the Mineral Leasing Act
(30 U.S.C. 207(a)) is amended, in the fourth sentence, by
striking ``12\1/2\ per centum'' and inserting ``18.75
percent''.
(2) Leases on land known or believed to contain oil or
natural gas.--Section 17 of the Mineral Leasing Act (30 U.S.C.
226) is amended--
(A) in subsection (b)--
(i) in paragraph (1)(A)--
(I) in the fourth sentence, by
striking ``shall be held'' and all that
follows through ``are necessary'' and
inserting ``may be held in each State
not more than once each year''; and
(II) in the fifth sentence, by
striking ``12.5 percent'' and inserting
``18.75 percent''; and
(ii) in paragraph (2)(A)(ii), by striking
``12\1/2\ per centum'' and inserting ``18.75
percent'';
(B) in subsection (c)(1), in the second sentence,
by striking ``12.5 percent'' and inserting ``18.75
percent'';
(C) in subsection (l), by striking ``12\1/2\ per
centum'' each place it appears and inserting ``18.75
percent''; and
(D) in subsection (n)(1)(C), by striking ``12\1/2\
per centum'' and inserting ``18.75 percent''.
(3) Reinstatement of leases.--Section 31(e)(3) of the
Mineral Leasing Act (30 U.S.C. 188(e)(3)) is amended by
striking ``16\2/3\'' each place it appears and inserting
``25''.
(4) Deposits.--Section 35 of the Mineral Leasing Act (30
U.S.C. 191) is amended--
(A) in subsection (a), in the first sentence, by
striking ``All'' and inserting ``Except as provided in
subsection (e), all''; and
(B) by adding at the end the following:
``(e) Distribution of Certain Amounts.--Notwithstanding subsection
(a), the amount of any increase in revenues collected as a result of
the amendments made by subsection (b) of section 29 of the A. Donald
McEachin Environmental Justice For All Act shall be deposited and
distributed in accordance with subsection (d) of that section.''.
(c) Fees for Producing Leases and Nonproducing Leases.--
(1) Conservation of resources fees.--There is established a
fee of $4 per acre per year on producing Federal onshore and
offshore oil and gas leases.
(2) Speculative leasing fees.--There is established a fee
of $6 per acre per year on nonproducing leases.
(d) Deposit.--
(1) In general.--All amounts collected under paragraphs (1)
and (2) of subsection (c) shall be deposited in the Federal
Energy Transition Economic Development Assistance Fund
established by section 30(c).
(2) Mineral leasing revenue.--Notwithstanding any other
provision of law, of the amount of any increase in revenue
collected as a result of the amendments made by subsection
(b)--
(A) 50 percent shall be deposited in the Federal
Energy Transition Economic Development Assistance Fund
established by section 30(c); and
(B) 50 percent shall be distributed to the State in
which the production occurred.
(e) Adjustment for Inflation.--The Secretary shall, by regulation
at least once every 4 years, adjust each fee established by subsection
(c) to reflect any change in the Consumer Price Index (all items,
United States city average) as prepared by the Department of Labor.
SEC. 30. ECONOMIC REVITALIZATION FOR FOSSIL FUEL-DEPENDENT COMMUNITIES.
(a) Purpose.--The purpose of this section is to promote economic
revitalization, diversification, and development in communities--
(1) that depend on fossil fuel mining, extraction, or
refining for a significant amount of economic opportunities; or
(2) in which a significant proportion of the population is
employed at electric generating stations that use fossil fuels
as the predominant fuel supply.
(b) Definitions.--In this section:
(1) Advisory committee.--The term ``Advisory Committee''
means the Just Transition Advisory Committee established by
subsection (g)(1).
(2) Displaced worker.--The term ``displaced worker'' means
an individual who, due to efforts to reduce net emissions from
public land or as a result of a downturn in fossil fuel mining,
extraction, or production, has suffered a reduction in
employment or economic opportunities.
(3) Fossil fuel.--The term ``fossil fuel'' means coal,
petroleum, natural gas, tar sands, oil shale, or any derivative
of coal, petroleum, or natural gas.
(4) Fossil fuel-dependent community.--The term ``fossil
fuel-dependent community'' means a community--
(A) that depends on fossil fuel mining, and
extraction, or refining for a significant amount of
economic opportunities; or
(B) in which a significant proportion of the
population is employed at electric generating stations
that use fossil fuels as the predominant fuel supply.
(5) Fossil fuel transition community.--The term ``fossil
fuel transition community'' means a community--
(A) that has been adversely affected economically
by a recent reduction in fossil fuel mining,
extraction, or production-related activity, as
demonstrated by employment data, per capita income, or
other indicators of economic distress;
(B) that has historically relied on fossil fuel
mining, extraction, or production-related activity for
a substantial portion of its economy; or
(C) in which the economic contribution of fossil
fuel mining, extraction, or production-related activity
has significantly declined.
(6) Fund.--The term ``Fund'' means the Federal Energy
Transition Economic Development Assistance Fund established by
subsection (c).
(7) Public land.--
(A) In general.--The term ``public land'' means any
land and interest in land owned by the United States
within the several States and administered by the
Secretary or the Secretary of Agriculture (acting
through the Chief of the Forest Service) without regard
to how the United States acquired ownership.
(B) Inclusion.--The term ``public land'' includes
land located on the outer Continental Shelf.
(C) Exclusion.--The term ``public land'' does not
include land held in trust for an Indian Tribe or
member of an Indian Tribe.
(8) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(c) Establishment of Federal Energy Transition Economic Development
Assistance Fund.--There is established in the Treasury of the United
States a fund, to be known as the ``Federal Energy Transition Economic
Development Assistance Fund'', which shall consist of amounts deposited
in the Fund under section 29(d).
(d) Distribution of Funds.--Of the amounts deposited in the Fund--
(1) 35 percent shall be distributed by the Secretary to
States in which extraction of fossil fuels occurs on public
land, based on a formula reflecting existing production and
extraction in the State;
(2) 35 percent shall be distributed by the Secretary to
States based on a formula reflecting the quantity of fossil
fuels historically produced and extracted in the State on
public land before the date of enactment of this Act; and
(3) 30 percent shall be allocated to a competitive grant
program under subsection (f).
(e) Use of Funds.--
(1) In general.--Funds distributed by the Secretary to
States under paragraphs (1) and (2) of subsection (d) may be
used for--
(A) environmental remediation of land and waters
impacted by the full lifecycle of fossil fuel
extraction and mining;
(B) building partnerships to attract and invest in
the economic future of historically fossil fuel-
dependent communities;
(C) increasing capacity and other technical
assistance fostering long-term economic growth and
opportunity in historically fossil fuel-dependent
communities;
(D) guaranteeing pensions, healthcare, and
retirement security and providing a bridge of wage
support until a displaced worker either finds new
employment or reaches retirement;
(E) severance payments for displaced workers;
(F) carbon sequestration projects in natural
systems on public land; or
(G) expanding broadband access and broadband
infrastructure.
(2) Priority to fossil fuel workers.--In distributing funds
under paragraph (1), the Secretary shall give priority to
assisting displaced workers dislocated from fossil fuel mining
and extraction industries.
(f) Competitive Grant Program.--
(1) In general.--The Secretary shall establish a
competitive grant program to provide funds to eligible entities
for the purposes described in paragraph (3).
(2) Definition of eligible entity.--In this subsection, the
term ``eligible entity'' means a local government, a State
government, an Indian Tribe, a local development district (as
defined in section 382E(a) of the Consolidated Farm and Rural
Development Act (7 U.S.C. 2009aa-4(a))), a nonprofit
organization, a labor union, an economic development agency, or
an institution of higher education (including a community
college).
(3) Eligible use of funds.--The Secretary may award grants
from amounts in the Fund made available under subsection (d)(3)
for--
(A) the purposes described in subsection (e)(1);
(B)(i) existing job retraining and apprenticeship
programs for displaced workers; or
(ii) programs designed to promote economic
development in communities affected by a downturn in
fossil fuel extraction and mining;
(C) developing projects that--
(i) diversify local and regional economies;
(ii) create jobs in new or existing non-
fossil fuel industries;
(iii) attract new sources of job-creating
investment; or
(iv) provide a range of workforce services
and skills training;
(D) internship programs in a field related to clean
energy; and
(E) the development and support of--
(i) a clean energy certificate program at a
labor organization; or
(ii) a clean energy major or minor program
at an institution of higher education (as
defined in section 101 of the Higher Education
Act of 1965 (20 U.S.C. 1001)).
(g) Just Transition Advisory Committee.--
(1) Establishment.--Not later than 180 days after the date
of enactment of this Act, the Secretary shall establish an
advisory committee, to be known as the ``Just Transition
Advisory Committee''.
(2) Chair.--The President shall appoint a Chair of the
Advisory Committee.
(3) Duties.--The Advisory Committee shall--
(A) advise, assist, and support the Secretary in--
(i) the management and allocation of funds
available under subsection (d); and
(ii) the establishment and administration
of the competitive grant program under
subsection (f); and
(B) develop procedures to ensure that States and
applicants eligible to participate in the competitive
grant program established under subsection (f) are
notified of the availability of Federal funds pursuant
to this section.
(4) Membership.--
(A) In general.--The total number of members of the
Advisory Committee shall not exceed 20 members.
(B) Composition.--The Advisory Committee shall be
composed of the following members appointed by the
Chair:
(i) A representative of the Assistant
Secretary of Commerce for Economic Development.
(ii) A representative of the Secretary of
Labor.
(iii) A representative of the Under
Secretary for Rural Development.
(iv) 2 individuals with professional
economic development or workforce retraining
experience.
(v) An equal number of representatives from
each of the following:
(I) Labor unions.
(II) Nonprofit environmental
organizations.
(III) Environmental justice
organizations.
(IV) Fossil fuel transition
communities.
(V) Public interest groups.
(VI) Tribal and Indigenous
communities.
(5) Termination.--The Advisory Committee shall not
terminate except by an Act of Congress.
(h) Limit on Use of Funds.--
(1) Administrative costs.--Not more than 7 percent of the
amounts in the Fund may be used for administrative costs
incurred in implementing this section.
(2) Limitation on funds to a single entity.--Not more than
5 percent of the amounts in the Fund may be awarded to a single
eligible entity.
(3) Calendar year limitation.--Not less than 15 percent of
the amounts in the Fund shall be spent in each calendar year.
(i) Use of American Iron, Steel, and Manufactured Goods.--None of
the funds appropriated or otherwise made available by this section may
be used for a project for the construction, alteration, maintenance, or
repair of a public building or public work unless all of the iron,
steel, and manufactured goods used in the project are produced in the
United States, unless the manufactured good is not produced in the
United States.
(j) Submission to Congress.--The Secretary shall submit to the
Committees on Appropriations and Energy and Natural Resources of the
Senate and the Committees on Appropriations and Natural Resources of
the House of Representatives, with the annual budget submission of the
President, a list of projects, including a description of each project,
that received funding under this section in the previous calendar year.
SEC. 31. EVALUATION BY COMPTROLLER GENERAL OF THE UNITED STATES.
Not later than 2 years after the date of enactment of this Act, and
biennially thereafter, the Comptroller General of the United States
shall submit to the Committees on Environment and Public Works and
Energy and Natural Resources of the Senate and the Committees on Energy
and Commerce and Natural Resources of the House of Representatives a
report that contains an evaluation of the effectiveness of each
activity carried out under this Act and the amendments made by this
Act.
<all>
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118S92
|
A bill to designate the outdoor amphitheater at the Blue Ridge Music Center in Galax, Virginia, as the "Rick Boucher Amphitheater".
|
[
[
"W000805",
"Sen. Warner, Mark R. [D-VA]",
"sponsor"
],
[
"K000384",
"Sen. Kaine, Tim [D-VA]",
"cosponsor"
]
] |
<p>This bill designates the outdoor amphitheater at the Blue Ridge Music Center, located at 700 Foothills Road in Galax, Virginia, as the Rick Boucher Amphitheater.</p>
|
<html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 92 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 92
To designate the outdoor amphitheater at the Blue Ridge Music Center in
Galax, Virginia, as the ``Rick Boucher Amphitheater''.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
January 26, 2023
Mr. Warner (for himself and Mr. Kaine) introduced the following bill;
which was read twice and referred to the Committee on Energy and
Natural Resources
_______________________________________________________________________
A BILL
To designate the outdoor amphitheater at the Blue Ridge Music Center in
Galax, Virginia, as the ``Rick Boucher Amphitheater''.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. DESIGNATION OF THE RICK BOUCHER AMPHITHEATER.
(a) Designation.--The outdoor amphitheater at the Blue Ridge Music
Center, located at 700 Foothills Road, Galax, Virginia, a facility
within the Blue Ridge Parkway, which is a unit of the National Park
System, shall be known and designated as the ``Rick Boucher
Amphitheater''.
(b) References.--Any reference in a law, map, regulation, document,
paper, or other record of the United States to the outdoor amphitheater
referred to in subsection (a) shall be deemed to be a reference to the
``Rick Boucher Amphitheater''.
<all>
</pre></body></html>
|
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118S920
|
International Trafficking Victims Protection Reauthorization Act of 2023
|
[
[
"M000639",
"Sen. Menendez, Robert [D-NJ]",
"sponsor"
],
[
"R000584",
"Sen. Risch, James E. [R-ID]",
"cosponsor"
],
[
"K000384",
"Sen. Kaine, Tim [D-VA]",
"cosponsor"
],
[
"R000595",
"Sen. Rubio, Marco [R-FL]",
"cosponsor"
],
[
"C001088",
"Sen. Coons, Christopher A. [D-DE]",
"cosponsor"
]
] |
<html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 920 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 920
To reauthorize the Trafficking Victims Protection Act of 2000, and for
other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
March 22, 2023
Mr. Menendez (for himself, Mr. Risch, Mr. Kaine, and Mr. Rubio)
introduced the following bill; which was read twice and referred to the
Committee on Foreign Relations
_______________________________________________________________________
A BILL
To reauthorize the Trafficking Victims Protection Act of 2000, and for
other 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 ``International Trafficking Victims
Protection Reauthorization Act of 2023''.
SEC. 2. TABLE OF CONTENTS.
The table of contents for this Act is as follows:
Sec. 1. Short title.
Sec. 2. Table of contents.
TITLE I--COMBATING HUMAN TRAFFICKING ABROAD
Sec. 101. United States support for integration of anti-trafficking in
persons interventions in multilateral
development banks.
Sec. 102. Expanding prevention efforts at the United States Agency for
International Development.
Sec. 103. Counter-trafficking in persons efforts in development
cooperation and assistance policy.
Sec. 104. Technical amendments to tier rankings.
Sec. 105. Modifications to the program to end modern slavery.
Sec. 106. Clarification of nonhumanitarian, nontrade-related foreign
assistance.
Sec. 107. Expanding protections for domestic workers of official and
diplomatic visa holders.
Sec. 108. Effective dates.
TITLE II--AUTHORIZATION OF APPROPRIATIONS
Sec. 201. Extension of authorizations under the Victims of Trafficking
and Violence Protection Act of 2000.
Sec. 202. Extension of authorizations under the International Megan's
Law.
TITLE III--BRIEFINGS
Sec. 301. Briefing on annual trafficking in person's report.
Sec. 302. Briefing on use and justification of waivers.
TITLE I--COMBATING HUMAN TRAFFICKING ABROAD
SEC. 101. UNITED STATES SUPPORT FOR INTEGRATION OF ANTI-TRAFFICKING IN
PERSONS INTERVENTIONS IN MULTILATERAL DEVELOPMENT BANKS.
(a) Requirements.--The Secretary of the Treasury, in consultation
with the Secretary of State acting through the Ambassador-at-Large to
Monitor and Combat Trafficking in Persons, shall instruct the United
States Executive Director of each multilateral development bank (as
defined in section 110(d) of the Trafficking Victims Protection Act of
2000 (22 U.S.C. 7107(d))) to encourage the inclusion of a counter-
trafficking strategy, including risk assessment and mitigation efforts
as needed, in proposed projects in countries listed--
(1) on the Tier 2 Watch List (required under section
110(b)(2)(A) of the Trafficking Victims Protection Act of 2000
(22 U.S.C. 7107(b)(2)(A)), as amended by section 104(a));
(2) under subparagraph (C) of section 110(b)(1) of the
Trafficking Victims Protection Act of 2000 (22 U.S.C.
7107(b)(1)) (commonly referred to as ``tier 3''); and
(3) as Special Cases in the most recent report on
trafficking in persons required under such section (commonly
referred to as the ``Trafficking in Persons Report'').
(b) Briefings.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of the Treasury, in consultation
with the Secretary of State, shall brief the appropriate congressional
committees regarding the implementation of this section.
(c) GAO Report.--Not later than 2 years after the date of the
enactment of this Act, the Comptroller General of the United States
shall submit to the appropriate congressional committees a report that
details the activities of the United States relating to combating human
trafficking, including forced labor, within multilateral development
projects.
(d) Appropriate Congressional Committees Defined.--In this section,
the term ``appropriate congressional committees'' means--
(1) the Committee on Foreign Relations and the Committee on
Appropriations of the Senate; and
(2) the Committee on Foreign Affairs and the Committee on
Appropriations of the House of Representatives.
SEC. 102. EXPANDING PREVENTION EFFORTS AT THE UNITED STATES AGENCY FOR
INTERNATIONAL DEVELOPMENT.
(a) In General.--In order to strengthen prevention efforts by the
United States abroad, the Administrator of the United States Agency for
International Development (referred to in this section as the
``Administrator'') shall, to the extent practicable and appropriate--
(1) encourage the integration of activities to counter
trafficking in persons (referred to in this section as ``C-
TIP'') into broader assistance programming;
(2) determine a reasonable definition for the term ``C-TIP
Integrated Development Programs,'' which shall include any
programming to address health, food security, economic
development, education, democracy and governance, and
humanitarian assistance that includes a sufficient C-TIP
element; and
(3) ensure that each mission of the United States Agency
for International Development (referred to in this section as
``USAID'')--
(A) integrates a C-TIP component into development
programs, project design, and methods for program
monitoring and evaluation, as necessary and
appropriate, when addressing issues, including--
(i) health;
(ii) food security;
(iii) economic development;
(iv) education;
(v) democracy and governance; and
(vi) humanitarian assistance;
(B) continuously adapts, strengthens, and
implements training and tools related to the
integration of a C-TIP perspective into the work of
development actors; and
(C) encourages USAID Country Development
Cooperation Strategies to include C-TIP components in
project design, implementation, monitoring, and
evaluation, as necessary and appropriate.
(b) Reports and Briefings Required.--
(1) In general.--Not later than 1 year after the date of
the enactment of an Act making appropriations for the
Department of State, Foreign Operations, and Related Programs
through fiscal year 2027, the Secretary of State, in
consultation with the Administrator, shall submit to the
appropriate congressional committees a report on obligations
and expenditures of all funds managed by the Department of
State and USAID in the prior fiscal year to combat human
trafficking and forced labor, including integrated C-TIP
activities.
(2) Contents.--The report required by paragraph (1) shall
include--
(A) a description of funding aggregated by program,
project, and activity; and
(B) a description of the management structure at
the Department of State and USAID used to manage such
programs.
(3) Biennial briefing.--Not later than 6 months of after
the date of the enactment of this Act, and every 2 years
thereafter through fiscal year 2027, the Secretary of State, in
consultation with the Administrator, shall brief the Committee
on Foreign Relations of the Senate and the Committee on Foreign
Affairs of the House of Representatives on the implementation
of subsection (a).
(c) Appropriate Congressional Committees Defined.--In this section,
the term ``appropriate congressional committees'' means--
(1) the Committee on Foreign Relations and the Committee on
Appropriations of the Senate; and
(2) the Committee on Foreign Affairs and the Committee on
Appropriations of the House of Representatives.
SEC. 103. COUNTER-TRAFFICKING IN PERSONS EFFORTS IN DEVELOPMENT
COOPERATION AND ASSISTANCE POLICY.
The Foreign Assistance Act of 1961 (22 U.S.C. 2151 et seq.) is
amended--
(1) in section 102(b)(4)(22 U.S.C. 2151-1(b)(4))--
(A) in subparagraph (F), by striking ``and'' at the
end;
(B) in subparagraph (G), by striking the period at
the end and inserting ``; and''; and
(C) by adding at the end the following:
``(H) effective counter-trafficking in persons
policies and programs.''; and
(2) in section 492(d)(1)(22 U.S.C. 2292a(d)(1))--
(A) by striking ``that the funds'' and inserting
the following: ``that--
``(A) the funds'';
(B) in subparagraph (A), as added by subparagraph
(A) of this paragraph, by striking the period at the
end and inserting ``; and''; and
(C) by adding at the end the following:
``(B) in carrying out the provisions of this
chapter, the President shall, to the greatest extent
possible--
``(i) ensure that assistance made available
under this section does not create or
contribute to conditions that can be reasonably
expected to result in an increase in
trafficking in persons who are in conditions of
heightened vulnerability as a result of natural
and manmade disasters; and
``(ii) integrate appropriate protections
into the planning and execution of activities
authorized under this chapter.''.
SEC. 104. TECHNICAL AMENDMENTS TO TIER RANKINGS.
(a) Modifications to Tier 2 Watch List.--Section 110(b)(2) of the
Trafficking Victims Protection Act of 2000 (22 U.S.C. 7107(b)(2)), is
amended--
(1) in the paragraph heading, by striking ``Special'' and
inserting ``Tier 2''; and
(2) in subparagraph (A)--
(A) by striking ``of the following countries'' and
all that follows through ``annual report, where--''and
inserting ``of countries that have been listed pursuant
to paragraph (1)(B) pursuant to the current annual
report, in which--''; and
(B) by redesignating subclauses (I) and (II) as
clauses (i) and (ii), respectively, and moving such
clauses (as so redesignated) 2 ems to the left.
(b) Modification to Special Rule for Downgraded and Reinstated
Countries.--Section 110(b)(2)(F) of such Act (22 U.S.C. 7107(b)(2)(F))
is amended--
(1) in the matter preceding clause (i), by striking
``special watch list described in subparagraph (A)(iii) for
more than 1 consecutive year after the country'' and inserting
``Tier 2 watch list described in subparagraph (A) for more than
one year immediately after the country consecutively'';
(2) in clause (i), in the matter preceding subclause (I),
by striking ``special watch list described in subparagraph
(A)(iii)'' and inserting ``Tier 2 watch list described in
subparagraph (A)''; and
(3) in clause (ii), by inserting ``in the year following
such waiver under subparagraph (D)(ii)'' after ``paragraph
(1)(C)''.
(c) Conforming Amendments.--
(1) Trafficking victims protection act of 2000.--Section
110(b) of the Trafficking Victims Protection Act of 2000 (22
U.S.C. 7107(b)), as amended by subsections (a) and (b), is
further amended--
(A) in paragraph (2)--
(i) in subparagraph (B), by striking
``special watch list'' and inserting ``Tier 2
watch list'';
(ii) in subparagraph (C)--
(I) in the subparagraph heading, by
striking ``special watch list'' and
inserting ``Tier 2 watch list''; and
(II) by striking ``special watch
list'' and inserting ``Tier 2 watch
list''; and
(iii) in subparagraph (D)--
(I) in the subparagraph heading, by
striking ``special watch list'' and
inserting ``Tier 2 watch list''; and
(II) in clause (i), by striking
``special watch list'' and inserting
``Tier 2 watch list'';
(B) in paragraph (3)(B), in the matter preceding
clause (i), by striking ``clauses (i), (ii), and (iii)
of''; and
(C) in paragraph (4)--
(i) in subparagraph (A), in the matter
preceding clause (i), by striking ``each
country described in paragraph (2)(A)(ii)'' and
inserting ``each country described in paragraph
(2)(A)''; and
(ii) in subparagraph (D)(ii), by striking
``the Special Watch List'' and inserting ``the
Tier 2 watch list''.
(2) Frederick douglass trafficking victims prevention and
protection reauthorization act of 2018.--Section 204(b)(1) of
the Frederick Douglass Trafficking Victims Prevention and
Protection Reauthorization Act of 2018 (Public Law 115-425) is
amended by striking ``special watch list'' and inserting ``Tier
2 watch list''.
(3) Bipartisan congressional trade priorities and
accountability act of 2015.--Section 106(b)(6)(E)(iii) of the
Bipartisan Congressional Trade Priorities and Accountability
Act of 2015 (19 U.S.C. 4205(b)(6)(E)(iii) is amended by
striking ``under section'' and all that follows and inserting
``under section 110(b)(2)(A) of the Trafficking Victims
Protection Act of 2000 (22 U.S.C. 7107(b)(2)(A))''.
SEC. 105. MODIFICATIONS TO THE PROGRAM TO END MODERN SLAVERY.
(a) In General.--Section 1298 of the National Defense Authorization
Act for Fiscal Year 2017 (22 U.S.C. 7114) is amended--
(1) in subsection (a)(1), by striking ``Not later than 90
days after the date of the enactment of this Act'' and
inserting ``Not later than 90 days after the date of the
enactment of the International Trafficking Victims Protection
Reauthorization Act of 2023'';
(2) in subsection (g)--
(A) by striking ``Appropriations'' in the heading
and all that follows through ``There is authorized''
and inserting ``Appropriations .--There is
authorized''; and
(B) by striking paragraph (2); and
(3) in subsection (h)(1), by striking ``Not later than
September 30, 2018, and September 30, 2020'' and inserting
``Not later than September 30, 2023, and September 30, 2027''.
(b) Eligibility.--To be eligible for funding under the Program to
End Modern Slavery of the Office to Monitor and Combat Trafficking in
Persons, a grant recipient shall--
(1) publish the names of all subgrantee organizations on a
publicly available website; or
(2) if the subgrantee organization expresses a security
concern, the grant recipient shall relay such concerns to the
Secretary of State, who shall transmit annually the names of
all subgrantee organizations in a classified annex to the
chairs of the appropriate congressional committees (as defined
in section 1298(i) of the National Defense Authorization Act of
2017 (22 U.S.C. 7114(i))).
(c) Award of Funds.--All grants issued under the program referred
to in subsection (b) shall be--
(1) awarded on a competitive basis; and
(2) subject to the regular congressional notification
procedures applicable with respect to grants made available
under section 1298(b) of the National Defense Authorization Act
of 2017 (22 U.S.C. 7114(b)).
SEC. 106. CLARIFICATION OF NONHUMANITARIAN, NONTRADE-RELATED FOREIGN
ASSISTANCE.
(a) Clarification of Scope of Withheld Assistance.--Section
110(d)(1) of the Trafficking Victims Protection Act of 2000 (22 U.S.C.
7107(d)(1)) is amended to read as follows:
``(1) Withholding of assistance.--The President has
determined that--
``(A) the United States will not provide
nonhumanitarian, nontrade-related foreign assistance to
the central government of the country or funding to
facilitate the participation by officials or employees
of such central government in educational and cultural
exchange programs, for the subsequent fiscal year until
such government complies with the minimum standards or
makes significant efforts to bring itself into
compliance; and
``(B) the President will instruct the United States
Executive Director of each multilateral development
bank and of the International Monetary Fund to vote
against, and to use the Executive Director's best
efforts to deny, any loan or other utilization of the
funds of the respective institution to that country
(other than for humanitarian assistance, for trade-
related assistance, or for development assistance that
directly addresses basic human needs, is not
administered by the central government of the
sanctioned country, and is not provided for the benefit
of that government) for the subsequent fiscal year
until such government complies with the minimum
standards or makes significant efforts to bring itself
into compliance.''.
(b) Definition of Non-Humanitarian, Nontrade-Related Assistance.--
Section 103(10) of the Trafficking Victims Protection Act of 2000 (22
U.S.C. 7102(10)) is amended to read as follows:
``(10) Nonhumanitarian, nontrade-related foreign
assistance.--
``(A) In general.--The term `nonhumanitarian,
nontrade-related foreign assistance' means--
``(i) United States foreign assistance,
other than--
``(I) with respect to the Foreign
Assistance Act of 1961--
``(aa) assistance for
international narcotics and law
enforcement under chapter 8 of
part I of such Act (22 U.S.C.
2291 et seq.);
``(bb) assistance for
International Disaster
Assistance under subsections
(b) and (c) of section 491 of
such Act (22 U.S.C. 2292);
``(cc) antiterrorism
assistance under chapter 8 of
part II of such Act (22 U.S.C.
2349aa et seq.); and
``(dd) health programs
under chapters 1 and 10 of part
I and chapter 4 of part II of
such Act (22 U.S.C. 2151 et
seq.);
``(II) assistance under the Food
for Peace Act (7 U.S.C. 1691 et seq.);
``(III) assistance under sections
2(a), (b), and (c) of the Migration and
Refugee Assistance Act of 1962 (22
U.S.C. 2601(a), (b), (c)) to meet
refugee and migration needs;
``(IV) any form of United States
foreign assistance provided through
nongovernmental organizations,
international organizations, or private
sector partners--
``(aa) to combat human and
wildlife trafficking;
``(bb) to promote food
security;
``(cc) to respond to
emergencies;
``(dd) to provide
humanitarian assistance;
``(ee) to address basic
human needs, including for
education;
``(ff) to advance global
health security; or
``(gg) to promote trade;
and
``(V) any other form of United
States foreign assistance that the
President determines, by not later than
October 1 of each fiscal year, is
necessary to advance the security,
economic, humanitarian, or global
health interests of the United States
without compromising the steadfast U.S.
commitment to combatting human
trafficking globally; or
``(ii) sales, or financing on any terms,
under the Arms Export Control Act (22 U.S.C.
2751 et seq.), other than sales or financing
provided for narcotics-related purposes
following notification in accordance with the
prior notification procedures applicable to
reprogrammings pursuant to section 634A of the
Foreign Assistance Act of 1961 (22 U.S.C. 2394-
1).
``(B) Exclusions.--The term `nonhumanitarian,
nontrade-related foreign assistance' shall not include
payments to or the participation of government entities
necessary or incidental to the implementation of a
program that is otherwise consistent with section
110.''.
SEC. 107. EXPANDING PROTECTIONS FOR DOMESTIC WORKERS OF OFFICIAL AND
DIPLOMATIC VISA HOLDERS.
Section 203(b) of the William Wilberforce Trafficking Victims
Protection Reauthorization Act of 2008 (8 U.S.C. 1375c(b)) is amended
by inserting after paragraph (4) the following:
``(5) National expansion of in-person registration
program.--The Secretary shall administer the Domestic Worker
In-Person Registration Program for employees with A-3 visas or
G-5 visas employed by accredited foreign mission members or
international organization employees and shall expand this
program nationally, which shall include--
``(A) after the arrival of each such employee in
the United States, and annually during the course of
such employee's employment, a description of the rights
of such employee under applicable Federal and State
law;
``(B) provision of a copy of the pamphlet developed
pursuant to section 202 to the employee with an A-3
visa or a G-5 visa; and
``(C) information on how to contact the National
Human Trafficking Hotline.
``(6) Monitoring and training of a-3 and g-5 visa employers
accredited to foreign missions and international
organizations.--The Secretary shall--
``(A) inform embassies, international
organizations, and foreign missions of the rights of A-
3 and G-5 domestic workers under the applicable labor
laws of the United States, including the fair labor
standards described in the pamphlet developed pursuant
to section 202. Information provided to foreign
missions, embassies, and international organizations
should include material on labor standards and labor
rights of domestic worker employees who hold A-3 and G-
5 visas;
``(B) inform embassies, international
organizations, and foreign missions of the potential
consequences to individuals holding a nonimmigrant visa
issued pursuant to subparagraph (A)(i), (A)(ii),
(G)(i), (G)(ii), or (G)(iii) of section 101(a)(15) of
the Immigration and Nationality Act (8 U.S.C.
1101(a)(15)) who violate the laws described in
subclause (I)(aa), including (at the discretion of the
Secretary)--
``(i) the suspension of A-3 visas and G-5
visas;
``(ii) request for waiver of immunity;
``(iii) criminal prosecution;
``(iv) civil damages; and
``(v) permanent revocation of or refusal to
renew the visa of the accredited foreign
mission or international organization employee;
and
``(C) require all accredited foreign mission and
international organization employers of individuals
holding A-3 visas or G-5 visas to report the wages paid
to such employees on an annual basis.''.
SEC. 108. EFFECTIVE DATES.
Sections 104(b) and 106 and the amendments made by those sections
take effect on the date that is the first day of the first full
reporting period for the report required by section 110(b)(1) of the
Trafficking Victims Protection Act of 2000 (22 U.S.C. 7107(b)(1)) after
the date of the enactment of this Act.
TITLE II--AUTHORIZATION OF APPROPRIATIONS
SEC. 201. EXTENSION OF AUTHORIZATIONS UNDER THE VICTIMS OF TRAFFICKING
AND VIOLENCE PROTECTION ACT OF 2000.
Section 113 of the Victims of Trafficking and Violence Protection
Act of 2000 (22 U.S.C. 7110) is amended--
(1) in subsection (a), by striking ``2018 through 2021,
$13,822,000'' and inserting ``2024 through 2027, $17,000,000'';
and
(2) in subsection (c)(1)--
(A) in the matter preceding subparagraph (A), by
striking ``2018 through 2021, $65,000,000'' and
inserting ``2024 through 2027, $102,500,000, of which
$22,000,000 shall be made available each fiscal year to
the United States Agency for International Development
and the remainder of'';
(B) in subparagraph (C), by striking ``; and'' at
the end and inserting a semicolon;
(C) in subparagraph (D), by striking the period at
the end and inserting ``; and''; and
(D) by adding at the end the following:
``(E) to fund programs to end modern slavery, in an
amount not to exceed $37,500,000 for each of the fiscal
years 2024 through 2027.''.
SEC. 202. EXTENSION OF AUTHORIZATIONS UNDER THE INTERNATIONAL MEGAN'S
LAW.
Section 11 of the International Megan's Law to Prevent Child
Exploitation and Other Sexual Crimes Through Advanced Notification of
Traveling Sex Offenders (34 U.S.C. 21509) is amended by striking ``2018
through 2021'' and inserting ``2024 through 2027''.
TITLE III--BRIEFINGS
SEC. 301. BRIEFING ON ANNUAL TRAFFICKING IN PERSON'S REPORT.
Not later than 30 days after the public designation of country tier
rankings and subsequent publishing of the Trafficking in Persons
Report, the Secretary of State shall brief the Committee on Foreign
Relations of the Senate and the Committee on Foreign Affairs of the
House of Representatives on--
(1) countries that were downgraded or upgraded in the most
recent Trafficking in Persons Report; and
(2) the efforts made by the United States to improve
counter-trafficking efforts in those countries, including
foreign government efforts to better meet minimum standards to
eliminate human trafficking.
SEC. 302. BRIEFING ON USE AND JUSTIFICATION OF WAIVERS.
Not later than 30 days after the President has determined to issue
a waiver under section 110(d)(5) of the Trafficking Victims Protection
Act of 2000 (22 U.S.C. 7107(d)(5)), the Secretary of State shall brief
the Committee on Foreign Relations of the Senate and the Committee on
Foreign Affairs of the House of Representatives on--
(a) each country that received a waiver;
(b) the justification for each such waiver; and
(c) a description of the efforts made by each country to meet the
minimum standards to eliminate human trafficking.
<all>
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118S921
|
DISCOURSE Act
|
[
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"R000595",
"Sen. Rubio, Marco [R-FL]",
"sponsor"
],
[
"B001310",
"Sen. Braun, Mike [R-IN]",
"cosponsor"
]
] |
<html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 921 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 921
To amend section 230 of the Communications Act of 1934 to correct
shortcomings in how that section addresses content moderation, content
creation and development, and content distribution.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
March 22, 2023
Mr. Rubio (for himself and Mr. Braun) introduced the following bill;
which was read twice and referred to the Committee on Commerce,
Science, and Transportation
_______________________________________________________________________
A BILL
To amend section 230 of the Communications Act of 1934 to correct
shortcomings in how that section addresses content moderation, content
creation and development, and content distribution.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Disincentivizing Internet Service
Censorship of Online Users and Restrictions on Speech and Expression
Act'' or the ``DISCOURSE Act''.
SEC. 2. CONTENT MODERATION, CREATION AND DEVELOPMENT, AND DISTRIBUTION.
(a) Treatment as Publisher or Speaker Contingent on Content
Management Practices.--Section 230 of the Communications Act of 1934
(47 U.S.C. 230) is amended--
(1) in subsection (c)(1)--
(A) by striking ``No provider'' and inserting the
following:
``(A) In general.--Subject to subparagraph (B), no
provider''; and
(B) by adding at the end the following:
``(B) Notification of parental control
protections.--Subparagraph (A) shall not apply to a
provider of an interactive computer service with a
dominant market share that violates subsection (d).'';
and
(2) in subsection (f)--
(A) in paragraph (3)--
(i) by striking ``The term'' and inserting
the following:
``(A) In general.--The term''; and
(ii) by adding at the end the following:
``(B) Content moderation.--If an interactive
computer service provider with a dominant market
share--
``(i) engages in a content moderation
activity that reasonably appears to express,
promote, or suppress a discernible viewpoint
for a reason that is not protected from
liability under subsection (c)(2), including
reducing or eliminating the ability of an
information content provider to earn revenue,
with respect to any information, the
interactive computer service provider shall be
deemed to be an information content provider
with respect to that information; or
``(ii) engages in a pattern or practice of
content moderation activity that reasonably
appears to express, promote, or suppress a
discernible viewpoint for a reason that is not
protected from liability under subsection
(c)(2), including reducing or eliminating the
ability of an information content provider to
earn revenue, the interactive computer service
provider shall be deemed to be an information
content provider with respect to all
information that is provided through the
interactive computer service.
``(C) Use of targeted algorithmic amplification.--
``(i) In general.--If an interactive
computer service provider with a dominant
market share--
``(I) amplifies information
provided by an information content
provider by using an algorithm or other
automated computer process to target
the information directly to users
without the request of the sending or
receiving user, the interactive
computer service provider shall be
deemed to be an information content
provider with respect to that
information; or
``(II) engages in a pattern or
practice of amplifying information
provided by an information content
provider by using an algorithm or other
automated computer process to target
the information directly to users
without the request of the sending or
receiving user, the interactive
computer service provider shall be
deemed to be an information content
provider with respect to all
information that is provided through
the interactive computer service.
``(ii) Exceptions.--Clause (i) shall not
apply to the use of an algorithm or other
computer process to--
``(I) amplify or target directly to
a user any information that is the
result of a search function performed
by the user; or
``(II) sort data chronologically or
alphabetically.
``(D) Information creation or development.--If an
interactive computer service provider with a dominant
market share--
``(i) solicits, comments upon, funds, or
affirmatively and substantively contributes to,
modifies, or alters information provided by an
information content provider, the interactive
computer service provider shall be deemed to be
an information content provider with respect to
that information; or
``(ii) engages in a pattern or practice of
soliciting, commenting upon, funding, or
affirmatively and substantively contributing
to, modifying, or altering information provided
by an information content provider, the
interactive computer service provider shall be
deemed to be an information content provider
with respect to all information that is
provided through the interactive computer
service.''; and
(B) by adding at the end the following:
``(5) Content moderation activity.--The term `content
moderation activity' means editing, deleting, throttling,
limiting the reach of, reducing or eliminating the ability of
an information content provider to earn revenue from, or
commenting upon, information provided by an information content
provider, or terminating or limiting an account or usership, if
the activity is based on content-based criteria.
``(6) Pattern or practice.--The term `pattern or practice'
means any formal or informal policy or rule, whether created by
a human or generated by a computer, as applied or used by an
interactive computer service provider.''.
(b) Clarifying Categories of Objectionable Material.--Section
230(c)(2) of the Communications Act of 1934 (47 U.S.C. 230(c)(2)) is
amended--
(1) in subparagraph (A)--
(A) by striking ``considers to be'' and inserting
``has an objectively reasonable belief is'';
(B) by inserting ``promoting terrorism or violent
extremism,'' after ``violent,''; and
(C) by striking ``or otherwise objectionable'' and
inserting ``promoting self-harm, or unlawful''; and
(2) in subparagraph (B), by striking ``paragraph (1)'' and
inserting ``subparagraph (A)''.
(c) Religious Liberty Exception to Civil Liability Protections.--
Section 230(c)(2) of the Communications Act of 1934 (47 U.S.C.
230(c)(2)), as amended by subsection (b), is amended--
(1) by redesignating subparagraphs (A) and (B) as clauses
(i) and (ii), respectively, and adjusting the margins
accordingly;
(2) by striking ``No provider'' and inserting the
following:
``(A) In general.--Except as provided in
subparagraph (B), no provider'';
(3) in subparagraph (A)(ii), as so designated, by striking
``subparagraph (A)'' and inserting ``clause (i)''; and
(4) by adding at the end the following:
``(B) Religious liberty exception.--Subparagraph
(A) shall not apply to any action taken with respect to
religious material in a manner that burdens the
exercise of religion, as defined in section 5 of the
Religious Freedom Restoration Act of 1993 (42 U.S.C.
2000bb -2).''.
(d) Disclosure of Content Management Mechanisms and Practices.--
Section 230(d) of the Communications Act of 1934 (47 U.S.C. 230(d)) is
amended--
(1) by striking ``A provider'' and inserting the following:
``(1) Parental control protections.--A provider''; and
(2) by adding at the end the following:
``(2) Disclosure of content management mechanisms and
practices.--
``(A) In general.--A provider of an interactive
computer service that provides the service through a
mass-market offering to the public shall publicly
disclose accurate information regarding the content
moderation activity of the service, including editing,
deleting, throttling, limiting the reach of, reducing
or eliminating the ability of an information content
provider to earn revenue from, or commenting upon,
information provided by an information content
provider, terminating or limiting an account or
usership, and any other content moderation, promotion,
and other curation practices, sufficient to enable--
``(i) consumers to make informed choices
regarding the purchase and use of the service;
and
``(ii) entrepreneurs and other small
businesses to develop, market, and maintain
offerings by means of the service.
``(B) Manner of disclosure.--A provider of an
interactive computer service shall make the disclosure
under subparagraph (A)--
``(i) through a publicly available, easily
accessible website; or
``(ii) by submitting the information
described in that subparagraph to the
Commission, which shall make the information
available to the public through the website of
the Commission.''.
(e) Clarifying That Immunity Is an Affirmative Defense.--Section
230(c)(1) of the Communications Act of 1934 (47 U.S.C. 230(c)(1)), as
amended by subsection (a)(1), is amended--
(1) in subparagraph (A), as so designated, by striking
``subparagraph (B)'' and inserting ``subparagraphs (B) and
(C)''; and
(2) by adding at the end the following:
``(C) Affirmative defense.--In a criminal or civil
action against a provider or user of an interactive
computer service that treats the provider or user as
the publisher or speaker of any information, the
provider or user shall bear the burden of proving that
the provider or user is not an information content
provider with respect to that information for purposes
of subparagraph (A).''.
<all>
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118S922
|
Financial Oversight and Management Board Integrity Act of 2023
|
[
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"sponsor"
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[
"S001217",
"Sen. Scott, Rick [R-FL]",
"cosponsor"
]
] |
<html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 922 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 922
To amend PROMESA to include certain ethics provisions to provide for
the disqualification of certain advisors to the Financial Oversight and
Management Board, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
March 22, 2023
Mr. Rubio (for himself and Mr. Scott of Florida) introduced the
following bill; which was read twice and referred to the Committee on
Energy and Natural Resources
_______________________________________________________________________
A BILL
To amend PROMESA to include certain ethics provisions to provide for
the disqualification of certain advisors to the Financial Oversight and
Management Board, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Financial Oversight and Management
Board Integrity Act of 2023''.
SEC. 2. DISQUALIFICATION OF CERTAIN ADVISORS TO THE FINANCIAL OVERSIGHT
AND MANAGEMENT BOARD.
Section 109 of PROMESA (48 U.S.C. 2129) is amended by adding at the
end the following:
``(c) Disqualification of Certain Advisors.--
``(1) Definition of covered contract.--In this subsection,
the term `covered contract' means a contract with the
territorial government or an instrumentality of the territorial
government, the performance of which is within the jurisdiction
of the Oversight Board under section 204(b).
``(2) Disqualification.--In accordance with the rules
adopted by the Oversight Board under paragraph (3), any third-
party advisory or consulting firm shall be disqualified from
advising the Oversight Board for the duration of any period
during which the firm has as a client, or provides advisory or
other consulting services in any capacity to, an individual,
corporation, association, organization, or other business
entity, including a subsidiary, that is competing for, or is
performing, a covered contract.
``(3) Rules.--For purposes of carrying out paragraph (2),
the Oversight Board shall adopt rules to carry out the
following:
``(A) To be eligible to advise or consult the
Oversight Board with respect to the review,
procurement, or performance of a covered contract, a
third-party advisory or consulting firm shall certify
to the Oversight Board that the third-party advisory or
consulting firm is not disqualified from advising the
Oversight Board under paragraph (2).
``(B) Any officer or employee of a third-party
advisory or consulting firm who prepares, presents, or
certifies any information or report with respect to the
certification of the third-party advisory or consulting
firm under subparagraph (A) for the Oversight Board, or
any agent of the Oversight Board, that is intentionally
false or misleading, or, on learning that any such
information is false or misleading, fails to
immediately advise the Oversight Board or an agent of
the Oversight Board in writing, shall be subject to
prosecution and penalties under law.
``(C) If, after an investigation conducted by the
Oversight Board, the Oversight Board determines that a
third-party advisory or consulting firm has provided
services to the Oversight Board in violation of
paragraph (2), has failed to submit a certification
required under subparagraph (A), or is in violation of
subparagraph (B) (including any rules adopted under
subparagraph (A) or (B)), the Oversight Board shall
immediately refer such information to the Attorney
General for the covered territory and the Office of the
United States Attorney for the covered territory.''.
<all>
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118S923
|
Better Mental Health Care for Americans Act
|
[
[
"B001267",
"Sen. Bennet, Michael F. [D-CO]",
"sponsor"
],
[
"W000779",
"Sen. Wyden, Ron [D-OR]",
"cosponsor"
]
] |
<html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 923 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 923
To amend titles XVIII and XIX of the Social Security Act to reform and
improve mental health and substance use care under the Medicare and
Medicaid programs, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
March 22, 2023
Mr. Bennet (for himself and Mr. Wyden) introduced the following bill;
which was read twice and referred to the Committee on Finance
_______________________________________________________________________
A BILL
To amend titles XVIII and XIX of the Social Security Act to reform and
improve mental health and substance use care under the Medicare and
Medicaid 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; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Better Mental
Health Care for Americans Act''.
(b) Table of Contents.--The table of contents of this Act is as
follows:
Sec. 1. Short title; table of contents.
TITLE I--MEDICARE PART B PROVISIONS
Sec. 101. Payment under the Medicare physician fee schedule for
inherently complex evaluation and
management visits related to integrated
mental health and substance use disorder
care.
Sec. 102. Ensuring access to early intervention in mental health care
in Medicare.
TITLE II--MEDICARE ADVANTAGE AND PART D PROVISIONS
Sec. 201. Parity in mental health and substance use disorder benefits
under Medicare Advantage and prescription
drug plans.
Sec. 202. Behavioral health measures and incentivizing behavioral
health care quality.
Sec. 203. Providing information on behavioral health coverage to
promote informed choice.
Sec. 204. Requiring MA organizations to maintain accurate and updated
provider directories.
TITLE III--MEDICAID AND CHIP
Sec. 301. Enhanced payment under Medicaid for integrated mental health
and substance use disorder care services.
Sec. 302. Demonstration project to ensure Medicaid-enrolled children
have access to integrated mental health and
substance use disorder care services,
including prevention and early intervention
services.
Sec. 303. Uniform applicability to Medicaid of requirements for parity
in mental health and substance use disorder
benefits.
Sec. 304. Requiring additional transparency on access to mental health
and substance use disorder benefits through
managed care.
Sec. 305. Authority to defer or disallow a portion of Federal financial
participation for failure to comply with
managed care requirements.
Sec. 306. Medicaid and CHIP audits.
TITLE IV--OTHER PROVISIONS
Sec. 401. Ensuring multi-payer alignment on payment and measurement of
quality of care and health outcomes related
to integrated mental health and substance
use disorder care.
Sec. 402. Measuring access and quality outcomes in mental health and
substance use disorder care.
Sec. 403. Reviewing the evidence for integrated mental health care for
children.
Sec. 404. Enhancing oversight of integrated mental health and substance
use disorder care.
TITLE I--MEDICARE PART B PROVISIONS
SEC. 101. PAYMENT UNDER THE MEDICARE PHYSICIAN FEE SCHEDULE FOR
INHERENTLY COMPLEX EVALUATION AND MANAGEMENT VISITS
RELATED TO INTEGRATED MENTAL HEALTH AND SUBSTANCE USE
DISORDER CARE.
(a) In General.--Section 1848(b) of the Social Security Act (42
U.S.C. 1395w-4(b)) is amended by adding at the end the following new
paragraph:
``(13) Payment for inherently complex evaluation and
management visits related to integrated mental health and
substance use disorder care.--
``(A) In general.--The Secretary shall establish a
new HCPCS add-on code under the fee schedule
established under this subsection for integrated mental
health and substance use disorder care services (as
defined in subparagraph (B)(i)) that are furnished on
or after January 1, 2025, when furnished by an
integrated care practitioner on the same date of
service that a service in the HCPCS category of office
and other outpatient evaluation and management services
is furnished. Such add-on code may be similar to HCPCS
code G2211.
``(B) Definitions.--In this paragraph:
``(i) Integrated mental health and
substance use disorder care services.--
``(I) In general.--The term
`integrated mental health and substance
use disorder care services' means
services described in subclause (II)
that are furnished by an integrated
care practitioner.
``(II) Services described.--The
services described in this subclause
are the following:
``(aa) Preventive services
and screening for mental health
and substance use disorders
that the Secretary determines
are--
``(AA) reasonable
and necessary for the
prevention or early
detection of a mental
health or substance use
disorder;
``(BB) recommended
with a grade of A or B
by the United States
Preventive Services
Task Force or
recommended in Health
Resources and Services-
supported guidelines
for infants, children,
adolescents, and women;
and
``(CC) appropriate
for individuals
enrolled under this
part.
``(bb) The routine use and
tracking of quality measures
appropriate for the measurement
of the quality of care
(including medication errors)
related to behavioral health
that reflect consensus among
affected parties and, to the
extent feasible and
practicable, shall include
measures set forth by one or
more national consensus
building entities.
``(cc) Short-term,
evidence-based, culturally, and
linguistically appropriate
therapeutic and psychosocial
intervention integrated into
the primary care practice,
including through telehealth.
``(dd) Evidence-based
treatment for mental health and
substance use care integrated
into the primary care practice,
including through telehealth,
or through referral.
``(ee) Care management,
which can include establishing,
implementing, revising or
monitoring the care plan,
coordinating with other
professionals and agencies, and
educating the individual or
caregiver about the
individual's condition, care
plan, or prognosis.
``(ff) Other services
determined by the Secretary.
``(ii) Integrated care practitioner.--
``(I) In general.--The term
`integrated care practitioner' means a
primary care practitioner (as defined
in section 1833(x)(2)(A)(i)) who has
demonstrated the capacity to furnish
integrated mental health and substance
use disorder care services (as
determined under subclause (II)).
``(II) Demonstrating capacity
guidance; attestation.--For purposes of
applying subclause (I) with respect to
an integrated care practitioner
demonstrating the capacity to furnish
integrated mental health and substance
use disorder care services, the
Secretary shall issue guidance, not
later than one year after the date of
the enactment of this paragraph,
describing requirements for
demonstrating capacity to provide such
services and establishing a process for
the Secretary to receive an attestation
that an integrated care practitioner
has such capacity. Such guidance and
attestation may not impose additional
burden on small practices (as defined
for purposes of subsection (q)(11)) and
practices located in rural areas.
``(C) Payment.--
``(i) Amount of payment.--The fee schedule
amount for integrated mental health and
substance use disorder care services shall not
be less than the fee schedule amount for
services described by HCPCS code G2211 (or any
successor or substantially similar code).
``(ii) Add-on services.--If, during the
furnishing of an evaluation and management
service to an individual by an integrated care
practitioner, such practitioner also furnishes
(or coordinates the furnishing of) integrated
mental health and substance use disorder care
services on the same date of service, payment
shall also be made for such integrated mental
health and substance used disorder care
services even if the individual did not
previously have a mental health or substance
use disorder diagnosis.
``(iii) Payment considerations.--In
carrying out this paragraph, the Secretary
shall ensure that the amount of payment for
integrated mental health and substance use
disorder care services under this paragraph is
sufficient to sustain effective and accessible
integrated mental health and substance use
disorder care under this part, as determined by
evidence from practice expenses of those
implementing effective integrated care as well
as evidence of the resource needs of integrated
care practitioners who furnish such services in
mental health professional shortage areas (as
designated under section 332(a)(1)(A) of the
Public Health Service Act) and medically
underserved areas.''.
(b) Exemption From Budget Neutrality.--Section 1848(c)(2)(B)(iv) of
the Social Security Act (42 U.S.C. 1395w-4(C)(2)(b)(iv)) is amended by
adding at the end the following new subclause:
``(VII) Subsection (b)(13) shall
not be taken into account in applying
clause (ii)(II) for 2025.''.
(c) Waiver of Coinsurance.--Section 1833(a)(1) of the Social
Security Act (42 U.S.C. 1395l(a)(1)) is amended--
(1) by striking ``and'' before ``(HH)''; and
(2) by inserting before the semicolon at the end the
following: ``, and (II) with respect to integrated mental
health and substance use disorder care services (as defined in
subparagraph (B)(i) of section 1848(b)(13)) that are furnished
on or after January 1, 2025, the amounts paid shall be equal to
100 percent of the lesser of the actual charge for such
services or the fee schedule amount provided under such
section''.
SEC. 102. ENSURING ACCESS TO EARLY INTERVENTION IN MENTAL HEALTH CARE
IN MEDICARE.
Section 1833(a)(1) of the Social Security Act (42 U.S.C.
1395l(a)(1)), as amended by section 101(c), is amended--
(1) by striking ``and'' before ``(II)''; and
(2) by inserting before the semicolon at the end the
following: ``, and (JJ) with respect to behavioral health
integration services described by HCPCS codes 99492, 99493,
99494, 99484 , G2214, and G0323 (or any successor or
substantially similar code) furnished on or after January 1,
2025, the amounts paid shall be equal to 100 percent of the
lesser of the actual charge for such services or the fee
schedule amount provided under section 1848(b)''.
TITLE II--MEDICARE ADVANTAGE AND PART D PROVISIONS
SEC. 201. PARITY IN MENTAL HEALTH AND SUBSTANCE USE DISORDER BENEFITS
UNDER MEDICARE ADVANTAGE AND PRESCRIPTION DRUG PLANS.
(a) Medicare Advantage Plans.--
(1) In general.--Section 1852 of the Social Security Act
(42 U.S.C. 1395w-22) is amended by adding at the end the
following new subsection:
``(o) Parity in Mental Health and Substance Use Disorder
Benefits.--
``(1) In general.--Each MA organization shall ensure that
the benefit design of each MA plan offered by such organization
meets the following requirements:
``(A) Financial requirements.--The financial
requirements applicable to mental health or substance
use disorder benefits covered by the plan may not
exceed the predominant financial requirements applied
to substantially all medical benefits covered by the
plan, including supplemental benefits, and there are no
separate cost sharing requirements that are applicable
only with respect to mental health and substance use
disorder benefits.
``(B) Treatment limitations.--The treatment
limitations applicable to mental health or substance
use disorder benefits are no more restrictive than the
predominant treatment limitations applied to
substantially all medical benefits covered by the plan
and there are no separate treatment limitations that
are applicable only with respect to mental health or
substance use disorder benefits, including supplemental
benefits.
``(2) Determinations of medical necessity.--
``(A) In general.--Each MA organization shall
ensure that any determination of medical necessity for
mental health or substance use benefits under each MA
plan offered by such organization that is not based on
the application of a national or local coverage
determination is consistent with generally accepted
standards of mental health and substance use disorder
care, as defined in paragraph. For any level of care
determination with respect to mental health or
substance use disorder benefits, coverage criteria are
consistent with widely-used treatment guidelines only
if they result in a level of care determination that is
consistent with the determination that would have been
made using the relevant widely-used treatment
guidelines.
``(B) Criteria for medical necessity
determinations.--The criteria for determination of
medical necessity with respect to mental health or
substance use disorder benefits under an MA plan shall
be made available in plain language to any individual
upon request.
``(3) Reporting on application of nonquantitative treatment
limitations.--
``(A) Comparative analyses of design and
application of nonquantitative treatment limits.--For
2025 and subsequent years, in the case of an MA
organization that imposes nonquantitative treatment
limitations (referred to in this paragraph as `NQTLs')
on mental health or substance use disorder benefits
under an MA plan offered by such organization, such
organization shall be required to perform and document
comparative analyses of the design and application of
NQTLs on mental health and substance use disorder
benefits under the plan and make available to the
Secretary as provided under subparagraph (B), upon
request, the comparative analyses and the following
information:
``(i) The specific plan terms regarding the
NQTLs and a description of all mental health or
substance use disorder and medical benefits to
which each such term applies in each respective
benefits classification.
``(ii) The factors used to determine that
the NQTLs will apply to mental health or
substance use disorder benefits and medical
benefits.
``(iii) The evidentiary standards used for
the factors identified in clause (ii), when
applicable, provided that every factor shall be
defined, and any other source or evidence,
including utilization of decision support
technology, artificial intelligence technology,
machine-learning technology, clinical decision-
making technology, or any other technology
specified by the Secretary, relied upon to
design and apply the NQTLs to mental health or
substance use disorder benefits and medical
benefits.
``(iv) The comparative analyses
demonstrating that the processes, strategies,
evidentiary standards, and other factors used
to apply the NQTLs to mental health or
substance use disorder benefits, as written and
in operation, are comparable to, and are
applied no more stringently than, the
processes, strategies, evidentiary standards,
and other factors used to apply the NQTLs to
medical benefits in the benefits
classification.
``(v) The specific findings and conclusions
reached by the MA organization with respect to
the MA plan, including any results of the
analyses described in this subparagraph that
indicate that the plan is or is not in
compliance with this subsection.
``(B) Submission to secretary upon request.--An MA
organization shall submit to the Secretary the
comparative analyses described in subparagraph (A) and
the information described in clauses (i) through (v) of
such subparagraph upon request by the Secretary. The
Secretary shall request not fewer than 20 such analyses
per year.
``(C) Report.--Not later than October 1, 2029, and
biennially thereafter, the Secretary shall submit to
Congress, and make publicly available, a report that
contains the following:
``(i) A summary of the comparative analyses
and information requested under subparagraph
(B).
``(ii) The Secretary's conclusions as to
whether each MA organization submitted
sufficient information for the Secretary to
review the comparative analyses and information
requested for compliance with this subsection.
``(iii) The Secretary's conclusions as to
whether each MA organization that submitted
sufficient information for the Secretary to
review was in compliance with this subsection.
``(4) Definitions.--In this subsection:
``(A) Classification of benefits.--The term
`classification of benefits' means the following:
``(i) Inpatient.--Benefits under part A.
``(ii) Outpatient.--Benefits furnished on
an outpatient basis under part B.
``(iii) Emergency care.--Benefits for
emergency care covered under part B.
``(iv) Part b prescription drugs.--Benefits
for drugs and biologicals covered under part B.
``(v) Covered part d drugs.--Benefits for
covered part D drugs as defined in section
1860D-2(e).
``(vi) Supplemental.--Supplemental health
care benefits as described in section
1852(a)(3).
``(B) Evidentiary standards.--The term `evidentiary
standard' means factors or evidence a plan considers in
designing and applying its medical management
techniques, such as generally accepted standards of
mental health and substance use disorder care,
recognized medical literature, professional standards
and protocols (including comparative effectiveness
studies and clinical trials), published research
studies, treatment guidelines created by professional
medical associations or other third-party entities,
publicly available or proprietary clinical definitions,
and outcome metrics from consulting or other
organizations.
``(C) Financial requirement.--The term `financial
requirement' includes deductibles, copayments,
coinsurance, and maximum limitations on out-of-pocket
expenses applicable under the plan.
``(D) Generally accepted standards of mental health
and substance use disorder care.--The term `generally
accepted standards of mental health and substance use
disorder care' means standards of care and clinical
practice that are generally recognized by health care
providers practicing in relevant clinical specialties
such as psychiatry, psychology, and addiction medicine
and counseling, to ensure appropriate diagnosis,
treatment, and ongoing management, for underlying
mental health and substance use disorders, including
co-occurring conditions, to adequately meet the needs
of patients. These standards are derived from valid,
evidence-based sources such as peer-reviewed scientific
studies and medical literature, consensus guidelines of
nonprofit health care provider professional
associations and specialty societies, including level
of care criteria and clinical practice guidelines, and
recommendations of Federal government agencies.
``(E) Mental health benefits.--The term `mental
health benefits' means benefits with respect to items
and services for mental health conditions as defined by
the Secretary.
``(F) Predominant.--A financial requirement or
treatment limit is considered to be predominant if it
is the most common or frequent of such type of limit or
requirement.
``(G) Substance use disorder benefits.--The term
`substance use disorder benefits' means benefits with
respect to items and services for substance use
disorders as defined by the Secretary.
``(H) Substantially all.--A financial requirement
or treatment limitation applies to substantially all
medical benefits in a classification if it applies to
at least two-thirds of the benefits in that
classification.
``(I) Treatment limitation.--
``(i) In general.--The term `treatment
limitation' means mechanisms to control
utilization of services and expenditures such
as limits on the frequency of treatment, number
of visits, days of coverage, or other similar
limits on the scope or duration of treatment.
Such term includes:
``(I) Quantitative treatment
limitations.--Quantitative treatment
limitations, including limits on the
frequency of treatment, number of
visits, days of coverage, or other
similar limits on the scope or duration
of treatment.
``(II) Nonquantitative treatment
limitations.--Nonquantitative treatment
limitations, including other limits on
the access, scope, or duration of
benefits for treatment under a plan or
coverage not described in subclause
(I), such as--
``(aa) medical management
standards limiting or excluding
benefits based on medical
necessity or medical
appropriateness, or based on
whether the treatment is
experimental or investigative;
``(bb) for plans with
multiple network tiers (such as
preferred providers and
participating providers),
network tier design;
``(cc) standards for
provider admission to
participate in a network,
including reimbursement rates;
``(dd) refusal to pay for
higher-cost therapies until it
can be shown that a lower-cost
therapy is not effective (also
known as fail-first policies or
step therapy protocols);
``(ee) exclusions based on
failure to complete a course of
treatment; and
``(ff) restrictions based
on geographic location,
facility type, provider
specialty, and other criteria
that limit the scope or
duration of benefits for
services provided under the
plan or coverage.
``(ii) Exclusions.--The term `treatment
limitation' does not include any exclusions
from coverage of items or services for which
payment is not made under part A or part B or
any statutory limitations on coverage
applicable under such parts.''.
(2) Enforcement.--Section 1857(g)(1) of the Social Security
Act (42 U.S.C. 1395w-27(g)(1)) is amended--
(A) in subparagraph (J), by striking ``or'' after
the semicolon;
(B) by redesignating subparagraph (K) as
subparagraph (L);
(C) by inserting after subparagraph (J), the
following new subparagraph:
``(K) fails to comply with mental health parity
requirements under section 1852(o) or applicable
implementing regulations or guidance; or'';
(D) in subparagraph (L), as redesignated by
subparagraph (B), by striking ``through (J)'' and
inserting ``through (K)''; and
(E) in the flush matter following subparagraph (L),
as so redesignated, by striking ``subparagraphs (A)
through (K)'' and inserting ``subparagraphs (A) through
(L)''.
(b) Prescription Drug Plans.--Section 1860D-4 of the Social
Security Act (42 U.S.C. 1395w-104) is amended by adding at the end the
following new subsection:
``(c) Parity in Mental Health and Substance Use Disorder
Benefits.--The provisions of section 1852(o) (relating to parity in
mental health and substance use disorder benefits) shall apply to PDP
sponsors offering prescription drug plans in the same manner in which
such provisions apply with respect to Medicare Advantage organizations
offering MA-PD plans.''.
(c) Regulations.--Not later than 18 months after the date of
enactment of this Act, the Secretary of Health and Human Services shall
issue regulations to carry out the amendments made by this section.
(d) Effective Date.--The amendments made by this section shall
apply with respect to plan years beginning after the date that is 2
years after the date of enactment of this Act, regardless of whether
regulations have been issued to carry out such amendments by such
effective date.
(e) Implementation Funding.--For purposes of carrying out the
provisions of, including the amendments made by, this section, there
are appropriated, out of amounts in the Treasury not otherwise
appropriated, to the Centers for Medicare & Medicaid Services Program
Management Account, $10,000,000 for fiscal year 2024, which shall
remain available until expended.
SEC. 202. BEHAVIORAL HEALTH MEASURES AND INCENTIVIZING BEHAVIORAL
HEALTH CARE QUALITY.
Section 1853(o) of the Social Security Act (42 U.S.C. 1395w-23(o))
is amended by adding at the end the following new paragraph:
``(8) Behavioral health measures.--
``(A) In general.--For 2025 and biennially
thereafter, the Secretary shall consider adding to the
5-star rating system behavioral health measures that
measure the quality and outcomes of--
``(i) mental health or substance use
disorder services; and
``(ii) items and services not described in
clause (i) that are furnished to an individual
with a mental health or substance use disorder.
``(B) Considerations.--In considering the addition
of behavioral health measures under subparagraph (A),
the Secretary shall--
``(i) consider measures for which data can
be collected through encounter data or enrollee
survey data submitted by MA organizations;
``(ii) consider measures endorsed by a
consensus-based entity, as described in section
1890(a);
``(iii) consider measures that assess the
quality and health outcomes of items and
services described in subparagraph (A),
including contraindicated or low-value care,
furnished to individuals with a mental health
or substance use disorder;
``(iv) consider measures that assess access
to behavioral health treatment, including
measures of wait times, distance standards,
providers who are taking on new patients, and
the proportion of behavioral health providers
who have not submitted a claim for a mental
health or substance use disorder service during
the past six months;
``(v) consider measures that assess the
integration of behavioral health care and
primary care services;
``(vi) consider measures that align with
behavioral health measures--
``(I) used to assess performance in
part A or part B; or
``(II) identified as part of the
Core Set of Health Care Quality
Measures for Adults as described in
section 1139B; and
``(vii) consider measures that assess
patient experience of care.''.
SEC. 203. PROVIDING INFORMATION ON BEHAVIORAL HEALTH COVERAGE TO
PROMOTE INFORMED CHOICE.
Section 1851(d)(4) of the Social Security Act (42 U.S.C. 1395w-
21(d)(4)) is amended by adding at the end the following new
subparagraph:
``(F) Behavioral health information.--For 2025 and
subsequent plan years, to the extent available, the
following information with respect to the preceding
plan year:
``(i) Information on access to in-network
behavioral health providers, disaggregated by
those who prescribe and those who offer mental
health or substance use disorder services,
including--
``(I) the average wait time (as
defined by the Secretary) for an
appointment for a new patient with an
in-network provider for mental health
or substance disorder services;
``(II) the total number and
percentage of providers who have
participation agreements with the
organization who submitted at least one
request for payment for a mental health
or substance use disorder service
during a 6 month period (or other
period specified by the Secretary); and
``(III) the percentage of requests
for payment for mental health or
substance use disorder services that
were submitted by--
``(aa) in-network
providers; and
``(bb) out-of-network
providers.
``(ii) Information on the number of denials
of prior authorization requests or denials of
payment for mental health or substance use
disorder services compared to non-mental health
and substance use disorder services overall,
categorized by the type of denial and by the
type of service, as defined by the Secretary,
including--
``(I) the number and percent of
such denials by the number of days to
denial, the reason for denial, and the
utilization of decision support
technology, artificial intelligence
technology, machine-learning
technology, clinical decision-making
technology, or any other technology
specified by the Secretary; and
``(II) the number and percent of
such denials with respect to a mental
health or substance use disorder
service compared to such denials with
respect to items and services for a
similar physical health condition (such
as depression compared to diabetes) by
the number of days to denial, the
reason for denial, and the utilization
of decision support technology,
artificial intelligence technology,
machine-learning technology, clinical
decision-making technology, or any
other technology specified by the
Secretary.''.
SEC. 204. REQUIRING MA ORGANIZATIONS TO MAINTAIN ACCURATE AND UPDATED
PROVIDER DIRECTORIES.
(a) In General.--Section 1852(c) of the Social Security Act (42
U.S.C. 1395w-22(c)) is amended--
(1) in paragraph (1)(C)--
(A) by striking ``plan, and any'' and inserting
``plan, any''; and
(B) by inserting the following before the period:
``, and, in the case of a network-based MA plan (as
defined in paragraph (3)(C)), the information described
in paragraph (3)(A)(i)(II)''; and
(2) by adding at the end the following new paragraph:
``(3) Provider directory accuracy and transparency.--
``(A) In general.--For plan year 2025 and
subsequent plan years, each MA organization offering a
network-based MA plan shall do the following:
``(i) Maintain an accurate provider
directory.--
``(I) In general.--The MA
organization shall, for each network-
based MA plan offered by the
organization, maintain an accurate
provider directory--
``(aa) that includes the
information described in
subclause (II);
``(bb) which, not less
frequently than 90 days, the
organization verifies and, if
applicable, updates the
provider directory information
of each provider;
``(cc) that provides, if
the organization is unable to
verify such information with
respect to a provider, for the
inclusion along with the
information in the directory
with respect to such provider
of a notification indicating
that the information may not be
up to date;
``(dd) that provides for
the removal of a provider from
such directory within 2
business days if the
organization determines that
the provider is no longer a
participating provider; and
``(ee) that meets such
other requirements as the
Secretary may specify.
``(II) Information described.--The
information described in this subclause
is the National Provider Identifier,
name, address, specialty, telephone
number, Internet website if available,
availability (including whether the
provider is accepting new patients),
cultural and linguistic capabilities
(including the languages offered by the
provider or by a skilled medical
interpreter who provides interpretation
services for the provider), and other
information as determined appropriate
by the Secretary for each provider with
which such MA organization has an
agreement for furnishing items and
services covered under such plan.
``(ii) Submission of provider directory to
the secretary.--The MA organization shall
submit to the Secretary the provider directory
for each network-based MA plan offered by the
organization in a manner specified by the
Secretary.
``(B) Posting of provider directory information.--
For plan year 2026 and subsequent plan years, the
Secretary shall post the provider directory information
submitted under subparagraph (A)(ii), in a machine
readable file, on the internet website of the Centers
for Medicare & Medicaid Services.
``(C) Network-based ma plan defined.--In this
paragraph, the term `network-based MA plan' means an MA
plan that has a network of providers that have
agreements with the MA organization offering the plan
to furnish items and services covered under such
plan.''.
(b) Enforcement.--Section 1857(d) of the Social Security Act (42
U.S.C. 1395w-27(d)) is amended by adding at the end the following new
paragraph:
``(7) Audit of provider directories.--Each contract under
this section shall provide that the Secretary, or any person or
organization designated by the Secretary, shall have the right
to audit any provider directory under section 1852(c)(3)(A)(i)
to determine whether such directory meets the requirements of
such section.''.
(c) Funding.--In addition to amounts otherwise available, there is
appropriated to the Centers for Medicare & Medicaid Services Program
Management Account for fiscal year 2023, out of any amounts in the
Treasury not otherwise appropriated, $10,000,000, to remain available
until expended, for purposes of carrying out the amendments made by
this section.
TITLE III--MEDICAID AND CHIP
SEC. 301. ENHANCED PAYMENT UNDER MEDICAID FOR INTEGRATED MENTAL HEALTH
AND SUBSTANCE USE DISORDER CARE SERVICES.
Section 1903 of the Social Security Act (42 U.S.C. 1396b) is
amended--
(1) in subsection (a)(3)--
(A) in subparagraph (D), by inserting ``and'' after
the semicolon;
(B) in subparagraph (F)(ii), by striking ``plus''
after the semicolon and inserting ``and''; and
(C) by inserting after subparagraph (F)(ii), the
following:
``(G) for calendar quarters beginning on or after
January 1, 2025, 100 percent of the amount determined
for such quarter under subsection (cc); and''; and
(2) by adding the end the following:
``(cc) Enhanced Payment for Integrated Mental Health and Substance
Use Disorder Care Services.--
``(1) In general.--For purposes of subsection (a)(3)(G), in
accordance with guidance issued not later than the date that is
180 days after the date of the enactment of this subsection by
the Secretary to States, the amount determined under this
subsection with respect to a State and calendar quarter is the
amount by which--
``(A) the aggregate amount expended by the State
during the calendar quarter for medical assistance
provided by a primary care practitioner (as defined in
section 1833(x)(2)(A)(i)) for integrated mental health
and substance use disorder care services described in
section 1848(b)(13)(B) and such other items and
services for the care of mental health and substance
use conditions furnished by, or in coordination with,
such primary care practitioner as the Secretary, in
consultation with the State, may specify; exceeds
``(B) the quarterly average of the aggregate
amounts expended by the State for medical assistance
described in subparagraph (A) during the applicable
base period for the calendar quarter involved.
``(2) Applicable base period defined.--
``(A) In general.--For purposes of paragraph (1),
the term `applicable base period' means, with respect
to a calendar quarter, the 5-year period that ends on
the most recent base period end date.
``(B) Base period end date defined.--For purposes
of subparagraph (A), the term `base period end date'
means--
``(i) December 31, 2024; and
``(ii) December 31 of every 5th year
following 2024.''.
SEC. 302. DEMONSTRATION PROJECT TO ENSURE MEDICAID-ENROLLED CHILDREN
HAVE ACCESS TO INTEGRATED MENTAL HEALTH AND SUBSTANCE USE
DISORDER CARE SERVICES, INCLUDING PREVENTION AND EARLY
INTERVENTION SERVICES.
(a) In General.--Not later than the date that is 180 days after the
date of the enactment of this section, the Secretary shall conduct a
54-month demonstration project for the purpose described in subsection
(b) under which the Secretary shall--
(1) for the first 18-month period of such project, award
planning grants described in subsection (c); and
(2) for the remaining 36-month period of such project,
provide to each State selected under subsection (d) payments in
accordance with subsection (e).
(b) Purpose.--The purpose described in this subsection is for each
State that receives a planning grant under subsection (c) to ensure
that every Medicaid-enrolled child in the State has access to
integrated mental health and substance use disorder care services,
including prevention and early intervention services, so as to allow
for the prevention, identification, and treatment of mental health and
substance use conditions in primary care, children's hospitals, early
care and education, schools, or other settings as appropriate (such as
home visiting and early intervention programs for young children,
foster care or other child welfare care settings, or workforce
development programs and community centers for youth) (in this section
collectively referred to as ``care settings''), through the following
activities:
(1) Activities that support an ongoing assessment of the
accessibility of integrated mental health and substance use
disorder care services, including prevention and early
intervention services, for Medicaid-enrolled children in the
State that tracks progress toward the goal of all Medicaid-
enrolled children (including infants and toddlers as well as
transition-aged youth) having access to appropriate levels of
services in care settings in which the children regularly
engage, and that is conducted in partnership with such children
and families, to ensure that the assessment reflects their
perspective, experiences, and solutions.
(2) Activities that, taking into account the results of the
assessment described in paragraph (1), support the development,
implementation, and maintenance of State infrastructure, such
as technology and the physical structures necessary to
physically co-locate integrated mental health and substance use
disorder care services, including prevention and early
intervention services, and a workforce to provide the types of
support, training, and technical assistance needed in order to
offer integrated mental health and substance use care services,
including prevention and early intervention services, in care
settings with which Medicaid-enrolled children and their
families regularly interact, which are selected for integration
based on the assessment of where such children and their
families can access such services, and for which furnishing
integrated mental health and substance use disorder care
services, including prevention and early intervention services,
will be sustainable under the State's planned activities.
(3) Increased reimbursement and improved incentives for
care settings to sustainably implement and provide (either
through direct delivery or coordination in the case of a care
setting that is an early care or education program)--
(A) developmentally appropriate mental health
promotive and preventive interventions for Medicaid-
enrolled children and their families, along with
screening to identify psycho-social needs of such
children who do not yet have a diagnosable mental
health condition (consistent with the requirements for
providing items and services described in section
1905(a)(4)(B) of the Social Security Act (42 U.S.C.
1396d(a)(4)(B))(relating to early and periodic
screening, diagnostic, and treatment services defined
in section 1905(r) of such Act (42 U.S.C. 1396d(r))) in
accordance with the requirements of section 1902(a)(43)
of such Act (42 U.S.C. 1396a(a)(43)) and the pediatric
preventive care standards included in the essential
health benefits required under section 1302(b) of the
Patient Protection and Affordable Care Act (42 U.S.C.
18022(b)));
(B) evidence-based, person-centered, and
culturally, linguistically, and developmentally
appropriate interventions at the site of service,
either in-person or virtually integrated, to address
any identified family and child psycho-social needs,
including developmentally appropriate assessment and
diagnostic services, treatment, care coordination, and
dyadic intervention approaches; and
(C) referral to developmentally appropriate mental
health and substance use specialty care providers and
programs, community-based resources, or virtual or
digital services to address risk factors or meet
psycho- social needs that cannot be addressed in an
integrated setting.
(4) Improved regulatory oversight of policies governing the
provision of services described in paragraph (3), including
with respect to early and periodic screening, diagnostic, and
treatment services referred to in such paragraph, mental health
and substance use parity, network adequacy, essential health
benefits referred to in such paragraph, Medicaid rate setting,
scope of practice policies, and health professional shortage
areas.
(5) Improved alignment between Medicaid and commercial
health insurers to ensure that services described in paragraph
(3) are supported by commercial health insurers, such as
through the initiation of multi-payer collaboratives.
(6) Improved coordination among State and local agencies
and other stakeholders that fund or provide primary care,
children's hospitals, early care and education, or other
programs in care settings described in this subsection so as to
include efforts to align policies to promote coordination of
mental health and substance use services funded under such
programs across care settings, including through the alignment
of Medicaid with programs under the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 6301 et seq.), the Individuals
with Disabilities Education Act (20 U.S.C. 1400 et seq.), the
Family First Prevention Services Act (title VII of division E
of the Bipartisan Budget Act of 2018 (Public Law 115-123; 132
Stat. 232)), the Stephanie Tubbs Jones Child Welfare Services
Program under subpart 1 of part B of title IV of the Social
Security Act (42 U.S.C. 621 et seq.), the MaryLee Allen
Promoting Safe and Stable Families Program under subpart 2 of
part B of title IV of the Social Security Act (42 U.S.C. 629 et
seq.), home visiting programs, including the Maternal, Infant,
and Early Childhood Home Visiting Program (MIECHV) under
section 511 of the Social Security Act (42 U.S.C. 711), and
health, education, and social welfare programs funded under the
American Rescue Plan Act of 2021 (Public Law 117-2; 135 Stat.
4) and the Child Care Development Block Grant Act of 1990 (42
U.S.C. 9857 et seq.).
(7) Activities that include Medicaid-enrolled children and
their families and caregivers as partners at all levels of
decision-making, implementation, and evaluation, including
engaging such children who are youth and their families
directly as paraprofessional providers.
(c) Planning Grants.--
(1) In general.--For the first 18-month period of the
demonstration project, the Secretary shall award planning
grants to States that apply for such grants, including to
entities specified in subparagraphs (B) and (C) of subsection
(h)(7). A State awarded a planning grant under this subsection
shall use the grant to carry out the activities described in
paragraph (2) for purposes of preparing and submitting an
application to participate in the remaining 36-month period of
the demonstration project in accordance with subsection (d).
(2) Activities described.--Activities described in this
paragraph are, with respect to a State awarded a planning grant
under this subsection, each of the following:
(A) Activities that support the development of an
initial assessment of the access needs of Medicaid-
enrolled children in the State with respect to mental
health and substance use services, to determine the
types of support, training, incentives, and technical
assistance that primary care, early care and education,
or other programs provided in care settings described
in subsection (b) and with which Medicaid-enrolled
children and their families regularly engage need in
order to offer integrated mental health and substance
use disorder care services, including prevention and
early intervention services, and which shall include
engaging Medicaid-enrolled children and their families
directly to ensure that the assessment builds toward
solutions that meet their needs and reflect their
perspectives, experiences, and solutions.
(B) Activities that, taking into account the
results of the assessment described in subparagraph
(A), support the development of State infrastructure,
such as technology and the physical structures
necessary to physically co-locate integrated mental
health and substance use disorder care services,
including prevention and early intervention services,
to provide the types of support, training, incentives,
and technical assistance that primary care, early care
and education, or other programs provided in care
settings described in subsection (b) and with which
Medicaid-enrolled children and their families regularly
engage need in order to offer integrated mental health
and substance use disorder care services, including
prevention and early intervention services, to
Medicaid-enrolled children, as well as activities that
support ongoing engagement of Medicaid-enrolled
children and their families in implementation and
coordination with health insurers and with other child-
serving agencies and stakeholders.
(3) Funding.--For purposes of awarding planning grants
under paragraph (1), there is appropriated, out of any funds in
the Treasury not otherwise appropriated, $100,000,000, to
remain available until expended.
(d) Post-Planning States.--
(1) In general.--For the remaining 36-month period of the
demonstration project, the Secretary shall make payments in
accordance with subsection (e) to all States that submit
applications that meet the requirements of paragraph (2) and
carry out the activities described in that paragraph.
(2) Applications; activities.--
(A) In general.--A State seeking to be selected to
participate in the remaining 36-month period of the
demonstration project shall submit to the Secretary, at
such time and in such form and manner as the Secretary
requires, an application that includes such
information, provisions, and assurances, as the
Secretary may require, in addition to the following:
(i) A process for carrying out the ongoing
assessment described in subsection (b)(1),
taking into account the results of the initial
assessment described in subsection (c)(2)(A).
(ii) A review of Medicaid reimbursement
methodologies and other policies related to
furnishing integrated mental health and
substance use disorder care services, including
prevention and early intervention services, to
Medicaid-enrolled children that may create
barriers to access. If the State uses multiple
reimbursement methodologies under Medicaid for
mental health and substance use care (such as
capitation, fee-for-service, value-based, and
alternative payment programs), the State shall
include in the application specific detailed
information regarding how the State will verify
that the combination of reimbursement
methodologies employed by the State will result
in improved access to integrated mental health
and substance use disorder care services,
including prevention and early intervention
services, for Medicaid-enrolled children.
(iii) The development of a plan, taking
into account activities carried out under
subsection (c)(2)(B), that will result in long-
term and sustainable access to integrated
mental health and substance use disorder care
services, including prevention and early
intervention services, for Medicaid-enrolled
children which includes the following:
(I) Specific activities to increase
access to integrated mental health and
substance use disorder care services,
including prevention and early
intervention services, so as to allow
for the prevention, identification, and
treatment of mental health and
substance use conditions in primary
care, early care and education, or
other programs provided in care
settings described in subsection (b)
and with which Medicaid-enrolled
children and their families regularly
engage.
(II) Strategies that will
incentivize a racially and culturally
diverse array of providers (including
paraprofessionals) to obtain the
necessary training, education, and
support to deliver integrated care for
the developmentally appropriate
prevention, identification, assessment,
diagnosis, and treatment of mental
health and substance use conditions in
Medicaid-enrolled children in primary
care, early care and education, or
other programs provided in care
settings described in subsection (b)
and with which Medicaid-enrolled
children and their families regularly
engage.
(III) Milestones and timeliness for
implementing activities set forth in
the plan, as determined by the
Secretary.
(IV) Specific measurable targets
for increasing equitable access to
integrated mental health and substance
use disorder care services, including
prevention and early intervention
services, for Medicaid-enrolled
children.
(V) Specific measurable targets for
increasing the workforce providing
integrated mental health and substance
use disorder care services, including
prevention and early intervention
services.
(iv) A process for reporting the
information required under subsection (f)(1),
including information to assess the
effectiveness of the efforts of the State
during the period of the demonstration project
under this subsection and ensure the
sustainability of such efforts after the
conclusion of the demonstration project.
(v) The expected financial impact of the
demonstration project on the State.
(vi) A description of funding sources
available to the State to expand access to
integrated mental health and substance use
disorder care services, including prevention
and early intervention services in the State,
including health care, public health,
education, and social service funding
opportunities.
(vii) A preliminary plan for how the State
will sustain access to integrated mental health
and substance use disorder care services,
including prevention and early intervention
services, for Medicaid-enrolled children after
the demonstration project, including
maintenance of incentives and enhanced
reimbursement rates.
(viii) A description of how the State will
coordinate the goals of the demonstration
project with any waiver granted (or submitted
by the State and pending) pursuant to section
1115 of the Social Security Act (42 U.S.C.
1315) for the delivery of mental health and
substance use services under Medicaid, as
applicable, and with State plans under the
Elementary and Secondary Education Act of 1965
(20 U.S.C. 6301 et seq.), the Individuals with
Disabilities Education Act (20 U.S.C. 1400 et
seq.), the Family First Prevention Services Act
(title VII of division E of the Bipartisan
Budget Act of 2018 (Public Law 115-123; 132
Stat. 232)), the Stephanie Tubbs Jones Child
Welfare Services Program under subpart 1 of
part B of title IV of the Social Security Act
(42 U.S.C. 621 et seq.), the MaryLee Allen
Promoting Safe and Stable Families Program
under subpart 2 of part B of title IV of the
Social Security Act (42 U.S.C. 629 et seq.),
home visiting programs, including the Maternal,
Infant, and Early Childhood Home Visiting
Program (MIECHV) under section 511 of the
Social Security Act (42 U.S.C. 711), and
health, education, and social welfare programs
funded under the American Rescue Plan Act of
2021 (Public Law 117-2; 135 Stat. 4) and the
Child Care Development Block Grant Act of 1990
(42 U.S.C. 9857 et seq.).
(B) Consultation.--In completing an application
under subparagraph (A), a State shall consult with
relevant stakeholders, including Medicaid managed care
plans, primary and specialty health care provider
organizations, Medicaid-enrolled children and their
families, and other child-serving State and local
agencies and stakeholders, and include in the
application a description of such consultation.
(C) Technical assistance.--The Secretary shall
provide technical assistance to States with respect to
preparing and submitting an application that meets the
requirements of subparagraphs (A) and (B).
(e) Payments.--
(1) In general.--For each quarter occurring during the
remaining 36-month period of the demonstration project, the
Secretary shall pay each State that submits an application that
meets the requirements of subsection (d) (2) and carries out
the activities described in that subsection, an amount equal to
80 percent of the qualified sums expended by the State for such
quarter.
(2) Qualified sums defined.--For purposes of paragraph (1),
the term ``qualified sums'' means, with respect to a State and
a quarter, the amount equal to the amount (if any) by which--
(A) the sums expended by the State during such
quarter that are attributable to--
(i) furnishing integrated mental health and
substance use disorder care services, including
prevention and early intervention services, to
Medicaid-enrolled children;
(ii) the development or enabling of State
infrastructure, such as technology and the
physical structures necessary to physically co-
locate integrated mental health and substance
use disorder care services, including
prevention and early intervention services,
delivered in or coordinated through primary
care, early care and education, or other
programs provided in care settings described in
subsection (b) and with which Medicaid-enrolled
children and their families regularly engage;
and
(iii) the development of a workforce to
provide the types of support, training, and
technical assistance needed in order to offer
integrated mental health and substance use care
services, including prevention and early
intervention services, in primary care, early
care and education, or other programs provided
in care settings described in subsection (b)
and with which Medicaid-enrolled children and
their families regularly engage; exceeds
(B) \1/4\ of the average annual amount expended by
the State for the most recent 5-fiscal year period for
medical assistance for mental health or substance use
disorder care services for Medicaid-enrolled children
in a primary care, children's hospitals, school, early
care and education, or other developmentally
appropriate care setting, as determined by the
Secretary.
(3) Non-duplication of payment.--No payment made under this
subsection with respect to medical assistance furnished to a
Medicaid-enrolled child shall be duplicative of any payment
made to a provider participating under the State Medicaid
program for the same services so furnished to the same child.
(f) Reports.--
(1) State reports.--Each State that receives payments under
subsection (e) during the remaining 36-month period of the
demonstration project shall submit to the Secretary, in
accordance with detailed, specific guidance that is issued by
the Secretary not later than the first day of such period, and
that includes information on how to estimate and reconcile
State expenditures to carry out the demonstration project
during such period, quarterly reports, with respect to
expenditures for which payment is made to the State under
subsection (e), on the following:
(A) The specific activities with respect to which
payment under such subsection was provided.
(B) The number of primary care, children's
hospitals, schools, and early care and education
programs that delivered or coordinated integrated
mental health and substance use disorder care services,
including prevention and early intervention services,
to Medicaid-enrolled children during such period and
their geographic distribution, compared to the
estimated number that would have otherwise delivered
such services in the absence of the demonstration
project, including disaggregated data on the race,
ethnicity, and gender of providers.
(C) The number of Medicaid-enrolled children who
received integrated mental health and substance use
disorder care services, including prevention and early
intervention services during such period compared to
the estimated number of such children who would have
otherwise received such services in the absence of the
demonstration project, including disaggregated data on
the race, ethnicity, gender, age (ensuring that
children birth to 5 as well as transition-aged youth
are adequately served), sexual orientation, primary
language, income, and disability status of the
children.
(D) Such other data or information as determined by
the Secretary.
(2) CMS reports.--
(A) Initial report.--Not later than October 1,
2026, the Administrator of the Centers for Medicare &
Medicaid Services shall, in consultation with the
Director of the Agency for Healthcare Research and
Quality and the Assistant Secretary for Mental Health
and Substance Use, submit to Congress an initial report
on the activities carried out by States under the
planning grants made under subsection (c), and actions
taken by the Administrator of the Centers for Medicare
& Medicaid Services to improve oversight of such
activities.
(B) Interim report.--Not later than October 1,
2028, the Administrator of the Centers for Medicare &
Medicaid Services shall, in consultation with the
Director of the Agency for Healthcare Research and
Quality and the Assistant Secretary for Mental Health
and Substance Use, submit to Congress an interim report
on activities carried out under the demonstration
project and actions taken by the Administrator of the
Centers for Medicare & Medicaid Services to improve
oversight of such activities and the extent to which
States have achieved the stated goals submitted in
their applications. Such report shall include a
description of the strengths and limitations of the
demonstration project and a plan for the sustainability
of the project.
(C) Final report.--Not later than October 1, 2030,
the Administrator of the Centers for Medicare &
Medicaid Services shall, in consultation with the
Director of the Agency for Healthcare Research and
Quality and the Assistant Secretary for Mental Health
and Substance Use, submit to Congress a final report
providing updates on the matters reported in the
interim report required by subparagraph (B) and that
includes--
(i) a description of any changes made with
respect to the demonstration project after the
submission of such interim report; and
(ii) an evaluation of the demonstration
project.
(g) Implementation Funding.--There is appropriated, out of any
funds in the Treasury not otherwise appropriated, $5,000,000 to the
Administrator of the Centers for Medicare & Medicaid Services for
purposes of implementing this section, to remain available until
expended.
(h) Definitions.--In this section:
(1) Children's hospitals.--The term ``children's
hospitals'' has the meaning given that term in section
340E(g)(2) of the Public Health Service Act (42 U.S.C.
256e(g)(2).
(2) Integrated mental health and substance use disorder
care services.--The term ``mental health and substance use
disorder care services'' has the meaning given that term in
section 1848(b)(13)(B) of the Social Security Act and includes
prevention and early intervention services and such other items
and services for the care of mental health and substance use
conditions furnished by, or in coordination with, a primary
care practitioner as the Secretary, in consultation with a
State, may specify.
(3) Medicaid.--The term ``Medicaid'' means the program for
grants to States for medical assistance programs established
under title XIX of the Social Security Act (42 U.S.C. 1396 et
seq.).
(4) Secretary.--Except as otherwise specified, the term
``Secretary'' means the Secretary of Health and Human Services.
(5) State.--The term ``State'' has the meaning given that
term in section 1101(a)(1) of the Social Security Act (42
U.S.C. 1301(a)(1)) for purposes of titles XIX and XXI of such
Act, and for purposes of
(6) Medicaid-enrolled child.--The term ``Medicaid-enrolled
child'' means, with respect to a State, a child enrolled under
the State plan approved under title XIX of the Social Security
Act (42 U.S.C. 1396 et seq.) or under a waiver of such plan.
(7) Secretary.--The term ``Secretary'' means the Secretary
of Health and Human Services.
(8) State.--The term ``State'' means--
(A) each of the 50 States and the District of
Columbia;
(B) the Commonwealth of Puerto Rico, the United
States Virgin Islands, Guam, American Samoa, and the
Commonwealth of the Northern Mariana Islands; and
(C) to the extent the Secretary determines
appropriate, may include an Indian Tribe, Tribal
organization, or Urban Indian organization (as such
terms are defined in section 4 of the Indian Health
Care Improvement Act (25 U.S.C. 1603)).
SEC. 303. UNIFORM APPLICABILITY TO MEDICAID OF REQUIREMENTS FOR PARITY
IN MENTAL HEALTH AND SUBSTANCE USE DISORDER BENEFITS.
(a) Fee-for-Service and Alternative Benefit Plans.--Section 1902 of
the Social Security Act (42 U.S.C. 1396a) is amended--
(1) in subsection (a)--
(A) by striking ``and'' at the end of paragraph
(86);
(B) by striking the period at the end of paragraph
(87) and inserting ``; and''; and
(C) by inserting after paragraph (87) the following
new paragraph:
``(88) provide for ensuring that the requirements for
parity in mental health and substance use disorder benefits
under subsection (uu) are complied with regardless of the
payment model or arrangement under which medical assistance is
provided, including when medical assistance under the State
plan or under a waiver of such plan is provided through an
alternative benefit plan under section 1937.''; and
(2) by adding at the end the following new subsection:
``(uu) Parity in Mental Health and Substance Use Disorder
Benefits.--For purposes of subsection (a)(88), the requirements under
this subsection are the following:
``(1) In general.--Regardless of whether a State plan or
waiver of pays for medical assistance on a fee-for-service
basis, capitated payment basis, through the use of 1 or more
alternative payment models, or any combination thereof, the
State shall ensure that the financial requirements and
treatment limitations applicable to coverage of mental health
or substance use disorder services provided under such plan or
under a waiver of such plan comply with the requirements of
section 2726(a) of the Public Health Service Act in the same
manner as such requirements or limitations apply to a group
health plan under such section.
``(2) Deemed compliance.--Coverage with respect to an
individual described in section 1905(a)(4)(B) and covered under
the State plan or waiver under section 1902(a)(10)(A) of the
services described in section 1905(a)(4)(B) (relating to early
and periodic screening, diagnostic, and treatment services
defined in section 1905(r)) and provided in accordance with
section 1902(a)(43), shall be deemed to satisfy the
requirements of paragraph (1).''.
(b) Managed Care Organizations and Payment Arrangements.--
(1) In general.--Section 1932(b)(8) of the Social Security
Act (42 U.S.C. 1396u-2(b)(8)) is amended to read as follows:
``(8) Compliance with certain maternity, parity in mental
health or substance use disorder benefits, and other coverage
requirements.--
``(A) In general.--Each medicaid managed care
organization shall comply with the requirements of
subpart 2 of part A of title XXVII of the Public Health
Service Act insofar as such requirements apply and are
effective with respect to a health insurance issuer
that offers group health insurance coverage.
``(B) Parity in mental health or substance use
disorder benefits.--The financial requirements and
treatment limitations applicable to coverage of mental
health or substance use disorder services provided
under the State plan or under a waiver of such plan
through a medicaid managed care organization, a prepaid
inpatient health plan (as defined by the Secretary), a
prepaid ambulatory health plan (as defined by the
Secretary), or a primary care case manager under
section 1905 (consistent with section 1905(t)(2)),
shall comply with the requirements of section 2726(a)
of the Public Health Service Act in the same manner as
such requirements or limitations apply to a group
health plan under such section.
``(C) Deemed compliance.--In applying subparagraphs
(A) and (B) with respect to requirements under
paragraph (8) of section 2726(a) of the Public Health
Service Act, a medicaid managed care organization, a
prepaid inpatient health plan (as defined by the
Secretary), a prepaid ambulatory health plan (as
defined by the Secretary), or a primary care case
manager under section 1905 (consistent with section
1905(t)(2)) shall be treated as in compliance with such
requirements if the medicaid managed care organization,
prepaid inpatient health plan, prepaid ambulatory
health plan, or primary care case manager under section
1905 is in compliance with subpart K of part 438 of
title 42, Code of Federal Regulations, and section
438.3(n) of such title, or any successor regulation.''.
(c) Effective Date.--
(1) In general.--Except as provided in paragraph (2), the
amendments made by subsections (a) and (b) shall take effect on
the first day of the first calendar quarter that begins on or
after the date that is 3 years after the date of enactment of
this Act.
(2) Delay if state legislation needed.--In the case of a
State plan for medical assistance under title XIX of the Social
Security Act (42 U.S.C. 1396 et seq.) which the Secretary of
Health and Human Services determines requires State legislation
(other than legislation appropriating funds) in order for the
plan to meet the additional requirements imposed by the
amendments made by subsection (a), the State plan shall not be
regarded as failing to comply with the requirements of such
title solely on the basis of its failure to meet these
additional requirements 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 such session shall be deemed to be a
separate regular session of the State legislature.
(d) Funding.--Out of any funds in the Treasury not otherwise
appropriated, there is appropriated to the Secretary of Health and
Human Services for purposes of carrying out this section and the
amendments made by this section, $10,000,000 for fiscal year 2024, to
remain available until expended.
SEC. 304. REQUIRING ADDITIONAL TRANSPARENCY ON ACCESS TO MENTAL HEALTH
AND SUBSTANCE USE DISORDER BENEFITS THROUGH MANAGED CARE.
(a) Biannual Assessment.--Section 1932(b) of the Social Security
Act (42 U.S.C. 1396u-2(b)) is amended by adding at the end the
following new paragraph:
``(9) Transparency on access to mental health and substance
use disorder benefits.--
``(A) In general.--Each managed care organization,
prepaid inpatient health plan (as defined by the
Secretary), and prepaid ambulatory health plan (as
defined by the Secretary), with a contract with a State
to enroll individuals who are eligible for medical
assistance under the State plan under this title or
under a waiver of such plan and to provide coverage
under the contract for mental health services or
substance use disorder services, disaggregated,
biannually shall assess and report to the State, in
such manner that the report is publicly available on a
website, the following:
``(i) The average wait times during the
reporting period by level of acuity and site of
care for adult and child patients for a new
patient visit in an outpatient setting
(including intensive outpatient, eating
disorder, residential treatments, or other
appointments as the Secretary specifies) from a
provider of mental health services or substance
use disorder services.
``(ii) The total number and average
percentage of network providers that provide
mental health services or substance use
disorder services and are accepting as new
patients individuals who are enrollees of such
organization or plan at any point during the
reporting period.
``(iii) The proportion of mental health
services or substance use disorder services and
prescription drugs during the reporting period
that are denied payment under the State plan
under this title or a waiver on the basis of
prior authorization or medical necessity (or
for any other reason that is not based on an
enrollee's eligibility for medical assistance
under the State plan under this title or a
waiver) in comparison to medical and surgical
services and prescription drugs that are denied
payment on the same bases during the reporting
period.
``(iv) The total number and percentage of
providers during the reporting period who have
participation agreements with the organization
who submitted at least 1 request for payment
for a mental health or substance use disorder
service.
``(B) Submission to secretary.--A State shall
submit information reported to the State under
subparagraph (A), including stratifying reporting by
race, ethnicity, disability, primary language, age,
sexual orientation, and gender identity, to help
identify health inequities where applicable, to the
Secretary in such form and manner as the Secretary
shall specify.''.
(b) Effective Date.--The amendment made by subsection (a) shall
take effect on the date that is 2 years after the date of enactment of
this section.
SEC. 305. AUTHORITY TO DEFER OR DISALLOW A PORTION OF FEDERAL FINANCIAL
PARTICIPATION FOR FAILURE TO COMPLY WITH MANAGED CARE
REQUIREMENTS.
(a) State Plan Amendment.--Section 1902(a) of the Social Security
Act (42 U.S.C. 1396a(a)), as amended by section 303(a)(1), is amended--
(1) in paragraph (87), by striking ``and'' after the
semicolon;
(2) in paragraph (88)(D), by striking the period at the end
and inserting ``; and''; and
(3) by inserting after paragraph (88)(D), the following new
paragraph:
``(89) in the case of a State that adopts the option to use
managed care as described in section 1932, provide that the
State shall comply with the requirements of section 1932.''.
(b) Application to Managed Care Contracts.--Section 1903(m)(2) of
the Social Security Act (42 U.S.C. 1396b(m)) is amended--
(1) in subparagraph (A), in the matter preceding clause
(i), by striking ``and (G)'' and inserting ``(G), and (I)'';
and
(2) by adding at the end the following new subparagraph:
``(I) For a violation of any requirement described in subparagraph
(A), including a violation of the requirements of section 1932, as
applicable under clause (xii) of such subparagraph and paragraph (89)
of section 1902(a), rather than disallowing the full amount of a
payment under this title to a State for expenditures incurred by the
State as described in subparagraph (A), the Secretary may defer or
disallow a portion of a payment to the State. In determining the amount
deferred or disallowed under this subparagraph, the Secretary may
consider factors such as the degree, duration, and recurrence of
noncompliance. A State may receive a reconsideration of a decision by
the Secretary under this subparagraph to disallow payment in the manner
described in section 1116(e).''.
(c) Effective Date.--The amendments made by this section shall take
effect on the date that is 2 years after the date of enactment of this
section and shall apply to contracts for rating periods beginning on or
after such date.
SEC. 306. MEDICAID AND CHIP AUDITS.
(a) Regular Audits.--Beginning with fiscal year 2025, the Secretary
of Health and Human Services (referred to in this section as the
``Secretary'') shall audit State Medicaid programs and State Children's
Health Insurance Programs for purposes of assessing State enforcement
of the requirements relating to parity in mental health and substance
use disorder benefits (including with respect to compliance with such
parity requirements in the case of any mental health or substance use
disorder benefits that are separately managed or financed under a
``carve-out'' model) applicable under subsections (a)(88) and (uu) of
section 1902 of the Social Security Act (42 U.S.C. 1396a) (as added by
section 303(a), section 1932(b)(8) of such Act (42 U.S.C. 1396u-
2(b)(8)), section 1937(b)(6) of such Act (42 U.S.C. 1396u-7(b)(6)), and
section 2103(c)(7) of such Act (42 U.S.C. 1397cc(c)(7)), and related
regulations.
(b) Rotational Procedure; Publication.--The Secretary may carry out
the audits required by subsection (a) using a rotational approach among
States over a 3-year period, and shall make the results of such audits
publicly available on a searchable website.
(c) Publication of Enforcement Actions.--The Secretary shall
publish (and update on at least an annual basis) on a public website of
the Department of Health and Human Services a report that specifies the
actions taken by the Secretary to enforce violations of the mental
health and substance use disorder parity requirements under the
Medicaid and CHIP programs described in subsection (a). The Secretary
may publish such information separately or include the information in
the 1 or more published audit reports required by subsection (b) that
correspond to each such violation.
(d) Funding.--Out of any funds in the Treasury not otherwise
appropriated, there is appropriated to the Secretary of Health and
Human Services for each fiscal year beginning with fiscal year 2025,
$5,000,000 to carry out this section.
TITLE IV--OTHER PROVISIONS
SEC. 401. ENSURING MULTI-PAYER ALIGNMENT ON PAYMENT AND MEASUREMENT OF
QUALITY OF CARE AND HEALTH OUTCOMES RELATED TO INTEGRATED
MENTAL HEALTH AND SUBSTANCE USE DISORDER CARE.
Not later than April 1, 2024, the Administrator of the Centers for
Medicare & Medicaid Services shall convene an advisory working group
that includes representatives of issuers of group and individual health
insurance coverage, mental health and substance use disorder programs
and advocacy organizations, individuals and families receiving
integrated care services, and State Medicaid Directors, for purposes of
making recommendations for administrative and legislative changes to
facilitate multi-payer alignment on payment and measurement of quality
of care and health outcomes with respect to advancing the provision of
integrated mental health and substance use disorder care in a manner
that does not violate antitrust or other applicable laws. The
recommendations of the working group shall include recommendations for
measurable, ongoing benchmarks to assess the extent to which payment
and measurement of the quality of care and health outcomes are aligned
across health care payers.
SEC. 402. MEASURING ACCESS AND QUALITY OUTCOMES IN MENTAL HEALTH AND
SUBSTANCE USE DISORDER CARE.
(a) In General.--Not later than October 1, 2024, the Administrator
of the Centers for Medicare & Medicaid Services shall, in consultation
with the Administrator of the Health Resource Services Administration,
the Director of the Agency for Healthcare Research and Quality, and the
Assistant Secretary for Mental Health and Substance Use, develop and
implement a plan to improve measurement of the extent to which children
and adults have access to integrated mental health and substance use
disorder care in primary care and the quality and effectiveness of the
care provided, which shall be implemented in quality measurement
programs under the Medicare program under title XVIII of the Social
Security Act (42 U.S.C. 1395 et seq.), the Medicaid program under title
XIX of such Act (42 U.S.C. 1396 et seq.), and group health plans and
health insurance coverage (as such terms are defined in section 2791 of
the Public Health Service Act (42 U.S.C. 300gg-91)).
(b) Measure Development.--The Director of the Agency for Healthcare
Research and Quality shall conduct measure development where necessary
to ensure that the plan developed under subsection (a) may be fully
implemented, including measures of patient experience outcomes,
structural measures of practice transformation toward evidence-based
integrated care, and measures of access and unmet need provided by
local, State, or Federal agencies.
SEC. 403. REVIEWING THE EVIDENCE FOR INTEGRATED MENTAL HEALTH CARE FOR
CHILDREN.
Not later than October 1, 2024, the Director of the Agency for
Healthcare Research and Quality shall review the evidence, for
consideration by the United States Preventive Services Task Force, for
interventions for children who are at risk of developing a mental
health condition to prevent internalizing and externalizing mental
health problems, and for screening to identify family and child
psychosocial needs, segmented by developmental stage as appropriate.
SEC. 404. ENHANCING OVERSIGHT OF INTEGRATED MENTAL HEALTH AND SUBSTANCE
USE DISORDER CARE.
(a) In General.--Not later than October 1, 2024, the Administrator
of the Centers for Medicare & Medicaid Services shall, in consultation
with the Director of the Agency for Healthcare Research and Quality and
the Assistant Secretary for Mental Health and Substance Use, develop
and implement a plan to improve oversight and enforcement of
requirements relating to the provision of integrated mental health and
substance use disorder care under the Medicare program under title
XVIII of the Social Security Act (42 U.S.C. 1395 et seq.), the Medicaid
program under title XIX of such Act (42 U.S.C. 1396 et seq.), and group
health plans and health insurance coverage (as such terms are defined
in section 2791 of the Public Health Service Act (42 U.S.C. 300gg-91)),
including requirements relating to--
(1) coverage of preventive health services without cost-
sharing under section 2713 of the Public Health Service Act (42
U.S.C. 300gg-13);
(2) early and periodic screening, diagnosis, and treatment
for mental health and substance use disorders;
(3) mental health and substance use parity;
(4) network adequacy, including quantitative measures of
network access that take into account integration in primary
care and schools, racial equity, and virtual care;
(5) essential health benefits (as defined in section
1302(b) of the Patient Protection and Affordable Care Act (42
U.S.C. 18022(b))); and
(6) Medicaid rate setting.
(b) Patient Input.--In developing and implementing the plan under
subsection (a), the Administrator shall seek input from patients with
mental health and substance use conditions.
<all>
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118S924
|
Chesapeake and Ohio Canal National Historical Park Commission Extension Act
|
[
[
"C000141",
"Sen. Cardin, Benjamin L. [D-MD]",
"sponsor"
],
[
"C001047",
"Sen. Capito, Shelley Moore [R-WV]",
"cosponsor"
],
[
"V000128",
"Sen. Van Hollen, Chris [D-MD]",
"cosponsor"
],
[
"M001183",
"Sen. Manchin, Joe, III [D-WV]",
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],
[
"W000805",
"Sen. Warner, Mark R. [D-VA]",
"cosponsor"
],
[
"K000384",
"Sen. Kaine, Tim [D-VA]",
"cosponsor"
]
] |
<html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 924 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 924
To amend the Chesapeake and Ohio Canal Development Act to extend the
Chesapeake and Ohio Canal National Historical Park Commission.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
March 22, 2023
Mr. Cardin (for himself, Mrs. Capito, Mr. Van Hollen, Mr. Manchin, Mr.
Warner, and Mr. Kaine) introduced the following bill; which was read
twice and referred to the Committee on Energy and Natural Resources
_______________________________________________________________________
A BILL
To amend the Chesapeake and Ohio Canal Development Act to extend the
Chesapeake and Ohio Canal National Historical Park Commission.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Chesapeake and Ohio Canal National
Historical Park Commission Extension Act''.
SEC. 2. CHESAPEAKE AND OHIO CANAL NATIONAL HISTORICAL PARK COMMISSION.
Section 6(g) of the Chesapeake and Ohio Canal Development Act (16
U.S.C. 410y-4(g)) is amended by striking ``40'' and all that follows
through the period at the end and inserting ``on September 30, 2034.''.
<all>
</pre></body></html>
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|
118S925
|
Michael Enzi Voluntary Protection Program Act
|
[
[
"B001310",
"Sen. Braun, Mike [R-IN]",
"sponsor"
],
[
"B001267",
"Sen. Bennet, Michael F. [D-CO]",
"cosponsor"
],
[
"Y000064",
"Sen. Young, Todd [R-IN]",
"cosponsor"
]
] |
<html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 925 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 925
To authorize the Department of Labor's voluntary protection program.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
March 22, 2023
Mr. Braun (for himself, Mr. Bennet, and Mr. Young) introduced the
following bill; which was read twice and referred to the Committee on
Health, Education, Labor, and Pensions
_______________________________________________________________________
A BILL
To authorize the Department of Labor's voluntary protection 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 ``Michael Enzi Voluntary Protection
Program Act''.
SEC. 2. MICHAEL ENZI VOLUNTARY PROTECTION PROGRAM.
(a) Cooperative Agreements.--The Secretary of Labor shall establish
a program of entering into cooperative agreements with employers to
encourage the establishment of comprehensive safety and health
management systems that include--
(1) requirements for systematic assessment of hazards;
(2) comprehensive hazard prevention, mitigation, and
control programs;
(3) active and meaningful management and employee
participation in the voluntary program described in subsection
(b); and
(4) employee safety and health training.
(b) Michael Enzi Voluntary Protection Program Established.--
(1) Establishment.--
(A) In general.--The Secretary of Labor shall
establish and carry out a voluntary protection program
(consistent with subsection (a)) to encourage
excellence and recognize the achievement of excellence
in both the technical and managerial protection of
employees from occupational hazards.
(B) Designation.--The voluntary protection program
carried out under this section shall be known as the
``Michael Enzi Voluntary Protection Program'' (referred
to in this Act as the ``Program'').
(2) Program requirements.--The Program shall include the
following:
(A) Application.--Employers who volunteer under the
Program shall be required to submit an application to
the Secretary of Labor demonstrating that the worksite
with respect to which the application is made meets
such requirements as the Secretary of Labor may require
for participation in the Program.
(B) Onsite evaluations.--There shall be onsite
evaluations by representatives of the Secretary of
Labor to ensure a high level of protection of
employees. The onsite visits shall not result in
enforcement of citations under the Occupational Safety
and Health Act of 1970 (29 U.S.C. 651 et seq.).
(C) Information.--Employers who are approved by the
Secretary of Labor for participation in the Program
shall assure the Secretary of Labor that information
about the safety and health program shall be made
readily available to the Secretary of Labor to share
with employees.
(D) Reevaluations.--Periodic reevaluations by the
Secretary of Labor of the employers shall be required
for continued participation in the Program.
(3) Monitoring.--To ensure proper controls and measurement
of program performance for the Program under this section, the
Secretary of Labor shall direct the Assistant Secretary of
Labor for Occupational Safety and Health to take the following
actions:
(A) Develop a documentation policy regarding
information on follow-up actions taken by the regional
offices of the Occupational Safety and Health
Administration in response to fatalities and serious
injuries at worksites participating in the Program.
(B) Establish internal controls that ensure
consistent compliance by the regional offices of the
Occupational Safety and Health Administration with the
Program policies of the Occupational Safety and Health
Administration for conducting onsite reviews and
monitoring injury and illness rates, to ensure that
only qualified worksites participate in the Program.
(C) Establish a system for monitoring the
performance of the Program by developing specific
performance goals and measures for the Program.
(4) Exemptions.--A site with respect to which a Program has
been approved shall, during participation in the Program, be
exempt from programmed inspections.
(5) No payments required.--The Secretary of Labor shall not
require any form of payment for an employer to qualify or
participate in the Program.
(c) Transition.--The Secretary of Labor shall take such steps as
may be necessary for the orderly transition from the cooperative
agreements and voluntary protection programs carried out by the
Occupational Safety and Health Administration as of the day before the
date of enactment of this Act, to the cooperative agreements and
Program authorized under this section. In making such transition, the
Secretary shall ensure that--
(1) the Program authorized under this section is based upon
and consistent with the voluntary protection programs carried
out on the day before the date of enactment of this Act; and
(2) each employer that, as of the day before the date of
enactment of this Act, had an active cooperative agreement
under the voluntary protection programs carried out by the
Occupational Safety and Health Administration and was in good
standing with respect to the duties and responsibilities under
such agreement, shall have the option to continue participating
in the Program authorized under this section.
(d) Regulations and Implementation.--Not later than 2 years after
the date of enactment of this Act, the Secretary of Labor shall issue
final regulations for the Program authorized under this section and
shall begin implementation of the Program.
SEC. 3. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to carry out this Act such
sums as may be necessary.
<all>
</pre></body></html>
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118S926
|
Protecting America’s Agricultural Land from Foreign Harm Act of 2023
|
[
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"cosponsor"
],
[
"R000595",
"Sen. Rubio, Marco [R-FL]",
"cosponsor"
]
] |
<html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 926 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 926
To prohibit the purchase or lease of agricultural land in the United
States by persons associated with certain foreign governments, and for
other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
March 22, 2023
Mr. Braun (for himself, Mr. Tester, Mr. Tuberville, and Mr. Rubio)
introduced the following bill; which was read twice and referred to the
Committee on Agriculture, Nutrition, and Forestry
_______________________________________________________________________
A BILL
To prohibit the purchase or lease of agricultural land in the United
States by persons associated with certain foreign governments, and for
other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Protecting America's Agricultural
Land from Foreign Harm Act of 2023''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Agricultural land.--
(A) In general.--The term ``agricultural land'' has
the meaning given the term in section 9 of the
Agricultural Foreign Investment Disclosure Act of 1978
(7 U.S.C. 3508).
(B) Inclusion.--The term ``agricultural land''
includes land described in section 9(1) of the
Agricultural Foreign Investment Disclosure Act of 1978
(7 U.S.C. 3508(1)) that is used for ranching purposes.
(2) Covered person.--
(A) In general.--The term ``covered person'' has
the meaning given the term ``person owned by,
controlled by, or subject to the jurisdiction or
direction of a foreign adversary'' in section 7.2 of
title 15, Code of Federal Regulations (as in effect on
the date of enactment of this Act), except that each
reference to ``foreign adversary'' in that definition
shall be deemed to be a reference to the government
of--
(i) Iran;
(ii) North Korea;
(iii) the People's Republic of China; or
(iv) the Russian Federation.
(B) Exclusions.--The term ``covered person'' does
not include a United States citizen or an alien
lawfully admitted for permanent residence to the United
States.
(3) Secretary.--The term ``Secretary'' means the Secretary
of Agriculture.
(4) United states.--The term ``United States'' includes any
State, territory, or possession of the United States.
SEC. 3. PROHIBITION ON PURCHASE OR LEASE OF AGRICULTURAL LAND IN THE
UNITED STATES BY PERSONS ASSOCIATED WITH CERTAIN FOREIGN
GOVERNMENTS.
(a) In General.--Notwithstanding any other provision of law, the
President shall take such actions as may be necessary to prohibit the
purchase or lease by covered persons of--
(1) public agricultural land that is owned by the United
States and administered by the head of any Federal department
or agency, including the Secretary, the Secretary of the
Interior, and the Secretary of Defense; or
(2) private agricultural land located in the United States.
(b) Implementation.--The President may exercise all authorities
provided under sections 203 and 205 of the International Emergency
Economic Powers Act (50 U.S.C. 1702 and 1704) to carry out subsection
(a).
(c) Penalties.--A person that knowingly violates, attempts to
violate, conspires to violate, or causes a violation of subsection (a)
or any regulation, license, or order issued to carry out that
subsection shall be subject to the penalties set forth in subsections
(b) and (c) of section 206 of the International Emergency Economic
Powers Act (50 U.S.C. 1705) to the same extent as a person that commits
an unlawful act described in subsection (a) of that section.
(d) Rule of Construction.--Nothing in this section may be
construed--
(1) to prohibit or otherwise affect the purchase or lease
of public or private agricultural land described in subsection
(a) by any person other than a covered person;
(2) to prohibit or otherwise affect the use of public or
private agricultural land described in subsection (a) that is
transferred to or acquired by a person other than a covered
person from a covered person; or
(3) to require a covered person that owns or leases public
or private agricultural land described in subsection (a) as of
the date of enactment of this Act to sell that land.
SEC. 4. PROHIBITION ON PARTICIPATION IN DEPARTMENT OF AGRICULTURE
PROGRAMS BY PERSONS ASSOCIATED WITH CERTAIN FOREIGN
GOVERNMENTS.
(a) In General.--Except as provided in subsection (b),
notwithstanding any other provision of the law, the President shall
take such actions as may be necessary to prohibit participation in
Department of Agriculture programs by covered persons that have full or
partial ownership of agricultural land in the United States or lease
agricultural land in the United States.
(b) Exclusions.--Subsection (a) shall not apply to participation in
any program--
(1) relating to--
(A) food inspection or any other food safety
regulatory requirements; or
(B) health and labor safety of individuals; or
(2) administered by the Farm Service Agency, with respect
to the administration of this Act or the Agricultural Foreign
Investment Disclosure Act of 1978 (7 U.S.C. 3501 et seq.).
(c) Proof of Citizenship.--To participate in a Department of
Agriculture program described in subsection (b) (except for a program
under this Act or the Agricultural Foreign Investment Disclosure Act of
1978 (7 U.S.C. 3501 et seq.)), a person described in subparagraph (A)
of section 2(2) that is a person described in subparagraph (B) of that
section shall submit to the Secretary proof that the person is
described in subparagraph (B) of that section.
SEC. 5. AGRICULTURAL FOREIGN INVESTMENT DISCLOSURE.
(a) Inclusion of Security Interests and Leases in Reporting
Requirements.--
(1) In general.--Section 9 of the Agricultural Foreign
Investment Disclosure Act of 1978 (7 U.S.C. 3508) is amended--
(A) by redesignating paragraphs (4) through (6) as
paragraphs (5) through (7), respectively; and
(B) by inserting after paragraph (3) the following:
``(4) the term `interest' includes--
``(A) a security interest; and
``(B) a lease, without regard to the duration of
the lease;''.
(2) Conforming amendment.--Section 2 of the Agricultural
Foreign Investment Disclosure Act of 1978 (7 U.S.C. 3501) is
amended by striking ``, other than a security interest,'' each
place it appears.
(b) Civil Penalty.--Section 3 of the Agricultural Foreign
Investment Disclosure Act of 1978 (7 U.S.C. 3502) is amended--
(1) in subsection (b), by striking ``exceed 25 percent''
and inserting ``be less than 15 percent, or exceed 30
percent,''; and
(2) by adding at the end the following:
``(c) Liens.--On imposing a penalty under subsection (a), the
Secretary shall ensure that a lien is placed on the agricultural land
with respect to which the violation occurred, which shall be released
only on payment of the penalty.''.
(c) Transparency.--
(1) In general.--Section 7 of the Agricultural Foreign
Investment Disclosure Act of 1978 (7 U.S.C. 3506) is amended to
read as follows:
``SEC. 7. PUBLIC DATA SETS.
``(a) In General.--Not later than 2 years after the date of
enactment of the Consolidated Appropriations Act, 2023 (Public Law 117-
328), the Secretary shall publish in the internet database established
under section 773 of division A of that Act human-readable and machine-
readable data sets that--
``(1) contain all data that the Secretary possesses
relating to reporting under this Act from each report submitted
to the Secretary under section 2; and
``(2) as soon as practicable, but not later than 30 days,
after the date of receipt of any report under section 2, shall
be updated with the data from that report.
``(b) Included Data.--The data sets established under subsection
(a) shall include--
``(1) a description of--
``(A) the purchase price paid for, or any other
consideration given for, each interest in agricultural
land for which a report is submitted under section 2;
and
``(B) updated estimated values of each interest in
agricultural land described in subparagraph (A), as
that information is made available to the Secretary,
based on the most recently assessed value of the
agricultural land or another comparable method
determined by the Secretary; and
``(2) with respect to any agricultural land for which a
report is submitted under section 2, updated descriptions of
each foreign person who holds an interest in at least 1 percent
of the agricultural land, as that information is made available
to the Secretary, categorized as a majority owner or a minority
owner that holds an interest in the agricultural land.''.
(2) Deadline for database establishment.--Section 773 of
division A of the Consolidated Appropriations Act, 2023 (Public
Law 117-328), is amended, in the first proviso, by striking ``3
years'' and inserting ``2 years''.
(d) Definition of Foreign Person.--Section 9(3) of the Agricultural
Foreign Investment Disclosure Act of 1978 (7 U.S.C. 3508(3)) is
amended--
(1) in subparagraph (C)(ii)(IV), by striking ``and'' at the
end;
(2) in subparagraph (D), by inserting ``and'' after the
semicolon; and
(3) by adding at the end the following:
``(E) any person, other than an individual or a
government, that issues equity securities that are
primarily traded on a foreign securities exchange
within--
``(i) Iran;
``(ii) North Korea;
``(iii) the People's Republic of China; or
``(iv) the Russian Federation;''.
SEC. 6. REPORTS.
(a) Report From the Secretary on Foreign Ownership of Agricultural
Land in the United States.--
(1) In general.--Not later than 1 year after the date of
enactment of this Act, and once every 2 years thereafter, the
Secretary shall submit to Congress a report describing--
(A) the risks and benefits, as determined by the
Secretary, that are associated with foreign ownership
or lease of agricultural land in rural areas (as
defined in section 520 of the Housing Act of 1949 (42
U.S.C. 1490));
(B) the intended and unintended misrepresentation
of foreign land ownership in the annual reports
prepared by the Secretary describing foreign holdings
of agricultural land due to inaccurate reporting of
foreign holdings of agricultural land;
(C) the specific work that the Secretary has
undertaken to monitor erroneous reporting required by
the Agricultural Foreign Investment Disclosure Act of
1978 (7 U.S.C. 3501 et seq.) that would result in a
violation or civil penalty; and
(D) the role of State and local government
authorities in tracking foreign ownership of
agricultural land in the United States.
(2) Protection of information.--In carrying out paragraph
(1), the Secretary shall establish a plan to ensure the
protection of personally identifiable information.
(b) Report From the Director of National Intelligence on Foreign
Ownership of Agricultural Land in the United States.--
(1) In general.--Not later than 1 year after the date of
enactment of this Act, and once every 2 years thereafter, the
Director of National Intelligence shall submit to the
congressional recipients described in paragraph (2) a report
describing--
(A) an analysis of foreign malign influence (as
defined in section 119C(e) of the National Security Act
of 1947 (50 U.S.C. 3059(e))) by covered persons that
have foreign ownership in the United States agriculture
industry; and
(B) the primary motives, as determined by the
Director of National Intelligence, of foreign investors
to acquire agricultural land.
(2) Congressional recipients described.--The report under
paragraph (1) shall be submitted to--
(A) the Committee on Banking, Housing, and Urban
Affairs of the Senate;
(B) the Committee on Agriculture, Nutrition, and
Forestry of the Senate;
(C) the Select Committee on Intelligence of the
Senate;
(D) the Committee on Foreign Relations of the
Senate;
(E) the Committee on Financial Services of the
House of Representatives;
(F) the Committee on Agriculture of the House of
Representatives;
(G) the Permanent Select Committee on Intelligence
of the House of Representatives;
(H) the Committee on Foreign Affairs of the House
of Representatives;
(I) the majority leader of the Senate;
(J) the minority leader of the Senate;
(K) the Speaker of the House of Representatives;
and
(L) the minority leader of the House of
Representatives.
(3) Classification.--The report under paragraph (1) shall
be submitted in an unclassified form, but may include a
classified annex.
(c) Government Accountability Office Report.--Not later than 1 year
after the date of enactment of this Act, the Comptroller General of the
United States shall submit to Congress a report describing--
(1) a review of resources, staffing, and expertise for
carrying out the Agricultural Foreign Investment Disclosure Act
of 1978 (7 U.S.C. 3501 et seq.), and enforcement issues
limiting the effectiveness of that Act; and
(2) any recommended necessary changes to that Act.
<all>
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118S927
|
Continued Rapid Ohia Death Response Act of 2023
|
[
[
"H001042",
"Sen. Hirono, Mazie K. [D-HI]",
"sponsor"
],
[
"S001194",
"Sen. Schatz, Brian [D-HI]",
"cosponsor"
]
] |
<html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 927 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 927
To require the Secretary of the Interior to partner and collaborate
with the Secretary of Agriculture and the State of Hawaii to address
Rapid Ohia Death, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
March 22, 2023
Ms. Hirono (for herself and Mr. Schatz) introduced the following bill;
which was read twice and referred to the Committee on Agriculture,
Nutrition, and Forestry
_______________________________________________________________________
A BILL
To require the Secretary of the Interior to partner and collaborate
with the Secretary of Agriculture and the State of Hawaii to address
Rapid Ohia Death, and for other 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 ``Continued Rapid Ohia Death Response
Act of 2023''.
SEC. 2. FINDINGS.
Congress finds that--
(1) the fungus Ceratocystis, known as ``Rapid Ohia Death'',
has killed more than 1,000,000 native trees in the State; and
(2) the Secretary of Agriculture, acting through the Chief
of the Forest Service and the Administrator of the Agricultural
Research Service, has provided funding and staff--
(A) to identify and detect Rapid Ohia Death;
(B) to prevent the spread of Rapid Ohia Death;
(C) to identify Ohia trees that are resistant to
Rapid Ohia Death; and
(D) to propagate trees that are resistant to Rapid
Ohia Death in order to restore the native forests of
the State.
SEC. 3. DEFINITIONS.
In this Act:
(1) Rapid ohia death.--The term ``Rapid Ohia Death'' means
the fungus described in section 2(1) that has killed more than
1,000,000 native trees in the State.
(2) State.--The term ``State'' means the State of Hawaii.
SEC. 4. COLLABORATION.
The Secretary of the Interior shall partner and collaborate with
the Secretary of Agriculture and the State to address Rapid Ohia Death.
SEC. 5. SUSTAINED EFFORTS.
(a) Transmission.--The Secretary of the Interior, acting through
the Director of the United States Geological Survey, shall continue to
conduct research on Rapid Ohia Death vectors and transmission.
(b) Ungulate Management.--The Secretary of the Interior, acting
through the Director of the United States Fish and Wildlife Service,
shall continue to partner with the State and with local stakeholders to
manage ungulates in Rapid Ohia Death control areas on Federal, State,
and private land.
(c) Restoration and Research.--The Secretary of Agriculture, acting
through the Chief of the Forest Service, shall continue to provide--
(1) financial assistance, including to the Secretary of the
Interior--
(A) to prevent the spread of Rapid Ohia Death; and
(B) to restore the native forests of the State; and
(2) staff and necessary infrastructure funding to the
Institute of Pacific Islands Forestry to conduct research on
Rapid Ohia Death.
SEC. 6. AUTHORIZATION OF APPROPRIATIONS.
For each of fiscal years 2024 through 2034, there is authorized to
be appropriated $5,000,000 to carry out this Act, including for
activities carried out by the Secretary of the Interior, the Secretary
of Agriculture, or both.
<all>
</pre></body></html>
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|
118S928
|
Not Just a Number Act
|
[
[
"T000464",
"Sen. Tester, Jon [D-MT]",
"sponsor"
],
[
"B001236",
"Sen. Boozman, John [R-AR]",
"cosponsor"
],
[
"W000802",
"Sen. Whitehouse, Sheldon [D-RI]",
"cosponsor"
],
[
"S001181",
"Sen. Shaheen, Jeanne [D-NH]",
"cosponsor"
],
[
"C001088",
"Sen. Coons, Christopher A. [D-DE]",
"cosponsor"
],
[
"C001047",
"Sen. Capito, Shelley Moore [R-WV]",
"cosponsor"
]
] |
<html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 928 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 928
To require the Secretary of Veterans Affairs to prepare an annual
report on suicide prevention, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
March 22, 2023
Mr. Tester (for himself and Mr. Boozman) introduced the following bill;
which was read twice and referred to the Committee on Veterans' Affairs
_______________________________________________________________________
A BILL
To require the Secretary of Veterans Affairs to prepare an annual
report on suicide prevention, and for other 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 ``Not Just a Number Act''.
SEC. 2. NATIONAL VETERAN SUICIDE PREVENTION ANNUAL REPORT.
(a) In General.--Not later than 18 months after the date of the
enactment of this Act, and not later than September 30 of each year
thereafter, the Secretary of Veterans Affairs shall submit to the
appropriate committees of Congress and publish on a publicly available
website of the Department of Veterans Affairs a report to be known as
the ``National Veteran Suicide Prevention Annual Report''.
(b) Extension.--
(1) In general.--If the Secretary requires an extension of
the deadline for a report under subsection (a), the Secretary
shall submit to the appropriate committees of Congress a
written request for such an extension.
(2) Elements.--Each written request under paragraph (1) for
an extension for a report shall include the following:
(A) The rationale for the delay in submitting the
report.
(B) An explanation of the need for an extension.
(C) A proposed amended date for the submittal and
publication of the report.
(c) Briefing.--Before submitting a report under subsection (a), the
Secretary shall brief the appropriate committees of Congress on the
report.
(d) Elements of Report.--
(1) In general.--Each report under subsection (a) shall
include the findings of the national analysis of veteran
suicide rates for the latest year data is available and shall
include trends and comparisons to previous years.
(2) Additional elements.--Each report under subsection (a)
shall include, for the year covered by the report, the
following:
(A) Suicide rates of veterans disaggregated by age,
gender, and race or ethnicity.
(B) Trends in suicide rates of veterans compared to
engagement of those veterans with health care from the
Veterans Health Administration, including an
examination of trends in suicide rates or deaths
among--
(i) veterans who have recently received
health care from the Veterans Health
Administration as compared to veterans who have
never received health care from the Veterans
Health Administration;
(ii) veterans who are enrolled in the
patient enrollment system of the Department of
Veterans Affairs under section 1705(a) of title
38, United States Code, as compared to veterans
who have never enrolled in such system;
(iii) veterans who have recently used
services from a Vet Center as compared to
veterans who have never used such services;
(iv) veterans who have a diagnosis of
substance use disorder; and
(v) other groups of veterans relating to
engagement with health care from the Veterans
Health Administration, as the Secretary
considers practicable.
(C) Trends in suicide rates of veterans compared to
engagement of those veterans with benefits from the
Veterans Benefits Administration, including an
examination of trends in suicide rates or deaths
among--
(i) veterans who are currently using, have
previously used, or have never used educational
assistance under the laws administered by the
Secretary;
(ii) veterans who are currently receiving,
have previously received, or have never
received services or assistance under chapter
31 of title 38, United States Code;
(iii) with respect to compensation under
chapter 11 of such title--
(I) veterans who were recipients of
such compensation as compared to
veterans who never applied for such
compensation prior to death;
(II) veterans who had a claim
denied for such compensation prior to
death;
(III) veterans who had a pending
claim for such compensation at time of
death; and
(IV) veterans who had an
entitlement for such compensation
reduced prior to death;
(iv) veterans who are currently receiving
or have never received pension under chapter 15
of title 38, United States Code;
(v) veterans who are currently using, have
previously used, or have never used programs or
services provided by the Homeless Programs
Office of the Department, including an
examination of trends in suicide rates or
deaths among veterans who made contact with
such office but were denied or deemed
ineligible for any such program or service;
(vi) with respect to housing loans
guaranteed by the Secretary under chapter 37 of
title 38, United States Code--
(I) veterans who applied for such a
loan, whether their application was
accepted or not;
(II) veterans who are current
recipients of, were previously
recipients of, or have never received
such a loan; and
(III) veterans who were turned down
for such a loan by a lender;
(vii) with respect to financial hardships--
(I) veterans facing health care
debts;
(II) veterans owing debts to the
Department;
(III) veterans owing debts to for-
profit businesses assisting veterans
with claims for benefits under the laws
administered by the Secretary; and
(IV) veterans facing foreclosure or
bankruptcy;
(viii) veterans who were involved in a
veterans treatment court program, whether they
graduated successfully or not; and
(ix) veterans who were successfully
contacted, unsuccessfully contacted, or never
contacted by the Department through the Solid
Start program under section 6320 of title 38,
United States Code.
(3) Strategy and recommendations.--
(A) Initial report.--The initial report under
subsection (a) shall include a strategy and
recommendations developed by the Secretary of Veterans
Affairs, in collaboration with the Director of the
Centers for Disease Control and Prevention and the
Secretary of Defense, for--
(i) improving data collection at the State
and local levels to accurately capture suicide
deaths of veterans;
(ii) improving the timeliness, efficacy,
and standardization of data reporting on
suicide deaths of veterans at the Federal
level, including by the Centers for Disease
Control and Prevention, the Department of
Defense, and the Department of Veterans
Affairs;
(iii) improving the timeliness of
identification and analysis of suicide deaths
of veterans by Federal agencies, including the
Centers for Disease Control and Prevention, the
Department of Defense, and the Department of
Veterans Affairs; and
(iv) any other necessary process
improvements for improving the timeliness,
efficacy, and standardization of reporting of
data relating to suicide deaths of veterans,
particularly with respect to the annual report
under this section.
(B) Subsequent reports.--Each report after the
initial report under subsection (a) shall include
updates on actions taken to meet the strategy and
recommendations developed under subparagraph (A).
(e) Definitions.--In this section:
(1) Appropriate committees of congress.--The term
``appropriate committees of Congress'' means the Committee on
Veterans' Affairs of the Senate and the Committee on Veterans'
Affairs of the House of Representatives.
(2) Vet center.--The term ``Vet Center'' means a center for
readjustment counseling and related mental health services for
veterans under section 1712A of title 38, United States Code.
SEC. 3. REPORT ON ADDITIONAL BENEFITS AND SERVICES FROM DEPARTMENT OF
VETERANS AFFAIRS TO PREVENT VETERAN SUICIDE.
(a) In General.--Not later than three years after the date of the
enactment of this Act, the Secretary of Veterans Affairs shall submit
to the Committee on Veterans' Affairs of the Senate and the Committee
on Veterans' Affairs of the House of Representatives and publish on a
publicly available website of the Department of Veterans Affairs a
report that analyzes which benefits and services from the Department,
including the Veterans Benefits Administration, have the greatest
impact on prevention of suicide among veterans, including
recommendations for potential expansion of services and benefits to
reduce the number of veteran suicides.
(b) Assessment of Solid Start Program.--The report required by
subsection (a) shall include an analysis of the effectiveness of the
Solid Start program under section 6320 of title 38, United States Code,
on prevention of suicide among veterans.
SEC. 4. TOOLKIT FOR STATE AND LOCAL CORONERS AND MEDICAL EXAMINERS ON
BEST PRACTICES FOR IDENTIFYING AND REPORTING ON SUICIDE
DEATHS OF VETERANS.
(a) In General.--The Secretary of Veterans Affairs, in
collaboration with the Director of the Centers for Disease Control and
Prevention, shall develop a toolkit for State and local coroners and
medical examiners that contains best practices for--
(1) accurately identifying and reporting suicide deaths of
veterans, including how to identify veteran status; and
(2) reporting such deaths to the Centers for Disease
Control and Prevention and other applicable entities.
(b) Availability.--Not later than two years after the date of the
enactment of this Act, the Secretary shall make the toolkit developed
under subsection (a) available on a publicly available website of the
Department of Veterans Affairs.
(c) Outreach.--The Secretary, in collaboration with the Director of
the Centers for Disease Control and Prevention, shall conduct outreach
to appropriate State and local agencies to promote the availability and
use of the toolkit developed under subsection (a).
SEC. 5. STUDY ON FEASIBILITY AND ADVISABILITY OF CREATING A SUICIDE
PREVENTION OFFICE OF THE DEPARTMENT OF VETERANS AFFAIRS.
(a) In General.--After the submittal by the Comptroller General of
the United States to the Committee on Veterans' Affairs of the Senate
and the Committee on Veterans' Affairs of the House of Representatives
of the management review required under section 403 of the Commander
John Scott Hannon Veterans Mental Health Care Improvement Act of 2019
(Public Law 116-171; 134 Stat. 810), which required a management review
of the mental health and suicide prevention services provided by the
Department of Veterans Affairs, the Secretary of Veterans Affairs
shall--
(1) review the findings and recommendations of the
management review; and
(2) conduct a study on the feasibility and advisability of
creating a suicide prevention office of the Department of
Veterans Affairs at the level of the Office of the Secretary
that would elevate suicide prevention as a top priority across
the entire Department, including with respect to the work and
programs of the Veterans Benefits Administration and under
partnerships with other entities, including other Federal
agencies and non-governmental partners.
(b) Report to Congress.--
(1) In general.--Not later than two years after the
submittal by the Comptroller General of the management review
described in subsection (a), the Secretary shall submit to the
Committee on Veterans' Affairs of the Senate and the Committee
on Veterans' Affairs of the House of Representatives a report
summarizing--
(A) any actions planned or taken, including
reorganizations or changes to reporting or governance
structures, in response to the management review,
including any completion dates or targeted completion
dates for any such actions; and
(B) the results of the study required under
subsection (a)(2), which shall include an examination
of the considerations for creating a suicide prevention
office of the Department of Veterans Affairs at the
level of the Office of the Secretary, including--
(i) benefits and potential drawbacks;
(ii) projected costs and staffing needs,
including new full-time equivalent employees
and transferred full-time equivalent employees;
and
(iii) suggested organizational and
leadership structure and principal activities
and functions of the suicide prevention office.
(2) Recommendations regarding organization and leadership
structure.--In providing suggestions for organizational and
leadership structure under the report under paragraph
(1)(B)(iii), the Secretary shall--
(A) assess whether the suicide prevention office of
the Department should be led by a political appointee,
a career employee in a Senior Executive Service
position (as defined in section 3132 of title 5, United
States Code) or equivalent, or another position type;
and
(B) detail which functions would remain in the
current Office of Mental Health and Suicide Prevention
of the Veterans Health Administration, including an
assessment of where management of the Veterans Crisis
Line under section 1720F(h) of title 38, United States
Code, should reside.
<all>
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118S929
|
Abortion is Health Care Everywhere Act of 2023
|
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"Sen. Booker, Cory A. [D-NJ]",
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<html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 929 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 929
To amend the Foreign Assistance Act of 1961 to authorize the use of
Federal foreign assistance funds for comprehensive reproductive health
care services, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
March 22, 2023
Mr. Booker (for himself, Ms. Smith, Ms. Hirono, Ms. Duckworth, Mr.
Blumenthal, Mr. Cardin, Mrs. Gillibrand, Mr. Markey, Mr. Merkley, Mr.
Padilla, Mr. Welch, Mr. Schatz, Ms. Warren, Mr. Heinrich, Mr. Murphy,
Ms. Baldwin, Ms. Klobuchar, Mr. Wyden, Mr. Sanders, Mrs. Murray, Mrs.
Feinstein, Mr. Brown, Ms. Rosen, Ms. Cortez Masto, and Mr. Lujan)
introduced the following bill; which was read twice and referred to the
Committee on Foreign Relations
_______________________________________________________________________
A BILL
To amend the Foreign Assistance Act of 1961 to authorize the use of
Federal foreign assistance funds for comprehensive reproductive health
care services, and for other 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 ``Abortion is Health Care Everywhere
Act of 2023''.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) Abortion is a critical component of sexual and
reproductive health care and should be accessible and
affordable for all people.
(2) All people have the right to make their own choices
about their sexual and reproductive health, and to access
quality and affordable sexual and reproductive health care.
International agreements have recognized reproductive rights
for over 25 years, and the Sustainable Development Goals, which
were adopted by United Nations in September 2015, reiterated
the centrality of reproductive rights to gender equality.
(3) Studies have repeatedly demonstrated that when people,
including young women and adolescent girls, gender
nonconforming individuals, and transgender men, are able to
control their reproductive lives, there are enormous social and
economic benefits, not just for the individual and their
family, but for entire communities. Countries that prioritize
reproductive health rights, justice, and human rights are more
likely to have better overall health among their population.
(4) Health system cost is reduced when abortion is widely
available and integrated with other types of health care.
(5) Without access to safe abortion care, people risk their
lives to end their pregnancies. At least 24,100 people in low-
and middle-income countries die every year as a result of
complications from unsafe abortions.
(6) Ninety-seven percent of unsafe abortions occur in
developing countries in Africa, Asia, and Latin America. In
low- and middle-income countries, the annual cost of post-
abortion care for all who need it would be $4,000,000,000. The
majority of this cost is attributed to treating complications
from abortions provided in unsafe conditions.
(7) Restricting abortion does not reduce either the need
for, or number of, abortions. Abortion rates are similar in
countries where it is highly restricted by law and where it is
broadly legal.
(8) As part of their commitment to prevent unsafe abortions
and preventable deaths and ensure all people have access to
comprehensive sexual and reproductive health care and can
exercise their right to full control over their sexuality and
reproduction, developing countries and donor governments must
work collaboratively to deploy funding, align policies, and
mobilize expertise to make safe abortion services available to
those seeking to terminate pregnancies.
(9) United States law restricting United States foreign
assistance funding from being used to provide safe abortion
services has the effect of harming people who seek to terminate
their pregnancies in several ways, including by blocking access
to services and erecting barriers to providers obtaining the
training and equipment needed to deliver care to those in need.
(10) Since section 104(f)(1) of the Foreign Assistance Act
of 1961 (22 U.S.C. 2151b(f)(1)) (commonly referred to as the
``Helms amendment'') was enacted in 1973, dozens of governments
across the globe have liberalized abortion laws and policies.
(11) In countries where the United States supports family
planning and reproductive health care and in which abortion is
legal on at least some grounds, support for safe abortion could
avert over 19 million unsafe abortions and 17,000 maternal
deaths each year.
(12) When an abortion is performed in accordance with World
Health Organization (WHO) guidelines and standards, it is a
simple and safe procedure. The most recent WHO abortion
guidelines recommend the full decriminalization of abortion and
removal of grounds-based restrictions on abortion.
(13) The Dobbs v. Jackson Women's Health Organization (142
S. Ct. 2228 (2022)) decision goes against the global trend
toward expanding access to sexual and reproductive health and
rights, including abortion, and negatively impacts abortion
access across the United States and globally. The decision has
emboldened anti-abortion rights actors, increased abortion
stigma, and created new challenges for countries that have
relied on the Roe v. Wade (410 U.S. 113 (1973)) decision in the
liberalization of their own laws.
SEC. 3. STATEMENT OF POLICY.
It is the policy of the United States Government--
(1) to recognize that safe abortion is a critical component
of comprehensive maternal and reproductive health care and
should be included as part of foreign assistance programs
funded by the United States Government;
(2) to make safe abortion widely available and integrated
with other types of health care; and
(3) to work to end unsafe abortion and promote safe
abortion services by providing funding and collaborating with
affected governments and service providers to provide training,
commodities, equipment, and access to safe abortion services.
SEC. 4. AUTHORIZING THE USE OF FEDERAL FOREIGN ASSISTANCE FUNDS FOR
COMPREHENSIVE REPRODUCTIVE HEALTH CARE SERVICES.
Section 104 of the Foreign Assistance Act of 1961 (22 U.S.C. 2151b)
is amended--
(1) in subsection (f)--
(A) by striking paragraph (1); and
(B) by redesignating paragraphs (2) and (3) as
paragraphs (1) and (2), respectively;
(2) by redesignating subsection (g) as subsection (h); and
(3) by inserting after subsection (f), as amended, the
following:
``(g) Use of Funds for Comprehensive Reproductive Health Care
Services.--Notwithstanding any other provision of law, funds made
available to carry out this part may be used to provide comprehensive
reproductive health care services, including abortion services,
training, and equipment.''.
<all>
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118S93
|
Family Farmer and Rancher Tax Fairness Act of 2023
|
[
[
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"Sen. Booker, Cory A. [D-NJ]",
"sponsor"
],
[
"S000770",
"Sen. Stabenow, Debbie [D-MI]",
"cosponsor"
],
[
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"cosponsor"
],
[
"S001203",
"Sen. Smith, Tina [D-MN]",
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]
] |
<p> <strong>Family Farmer and Rancher Tax Fairness Act of 2023</strong></p> <p>This bill excludes from the gross income of certain farmers, ranchers, and forest land owners who are at financial risk payments for debt relief and for remedying past discrimination against such individuals.</p>
|
<html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 93 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 93
To exclude from gross income certain assistance provided to farmers,
and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
January 26, 2023
Mr. Booker (for himself, Ms. Stabenow, Mr. Warnock, and Ms. Smith)
introduced the following bill; which was read twice and referred to the
Committee on Finance
_______________________________________________________________________
A BILL
To exclude from gross income certain assistance provided to farmers,
and for other 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 ``Family Farmer and Rancher Tax
Fairness Act of 2023''.
SEC. 2. TAX TREATMENT OF CERTAIN ASSISTANCE TO FARMERS, ETC.
For purposes of the Internal Revenue Code of 1986, in the case of
any payment described in section 1006(e) of the American Rescue Plan
Act of 2021 (as amended by section 22007 of Public Law 117-169) or
section 22006 of Public Law 117-169--
(1) such payment shall not be included in the gross income
of the person on whose behalf, or to whom, such payment is
made,
(2) no deduction shall be denied, no tax attribute shall be
reduced, and no basis increase shall be denied, by reason of
the exclusion from gross income provided by paragraph (1), and
(3) in the case of a partnership or S corporation on whose
behalf, or to whom, such a payment is made--
(A) any amount excluded from income by reason of
paragraph (1) shall be treated as tax exempt income for
purposes of sections 705 and 1366 of such Code, and
(B) except as provided by the Secretary of the
Treasury (or the Secretary's delegate), any increase in
the adjusted basis of a partner's interest in a
partnership under section 705 of such Code with respect
to any amount described in subparagraph (A) shall equal
the partner's distributive share of deductions
resulting from interest that is part of such payment
and the partner's share, as determined under section
752 of such Code, of principal that is part of such
payment.
<all>
</pre></body></html>
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118S930
|
Honoring Our Fallen Heroes Act of 2023
|
[
[
"K000367",
"Sen. Klobuchar, Amy [D-MN]",
"sponsor"
],
[
"C001096",
"Sen. Cramer, Kevin [R-ND]",
"cosponsor"
]
] |
<html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 930 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 930
To amend the Omnibus Crime Control and Safe Streets Act of 1968 to
provide public safety officer benefits for exposure-related cancers,
and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
March 22, 2023
Ms. Klobuchar (for herself and Mr. Cramer) introduced the following
bill; which was read twice and referred to the Committee on the
Judiciary
_______________________________________________________________________
A BILL
To amend the Omnibus Crime Control and Safe Streets Act of 1968 to
provide public safety officer benefits for exposure-related 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 ``Honoring Our Fallen Heroes Act of
2023''.
SEC. 2. CANCER-RELATED DEATHS.
Section 1201 of title I of the Omnibus Crime Control and Safe
Streets Act of 1968 (34 U.S.C. 10281) is amended by adding at the end
the following:
(a) In General.--
``(p) Exposure-Related Cancers.--
``(1) Definitions.--In this subsection:
``(A) Carcinogen.--The term `carcinogen' means a
known or suspected carcinogen, as defined by the
International Agency for Research on Cancer, that is
reasonably linked to an exposure-related cancer.
``(B) Director.--The term `Director' means the
Director of the Bureau.
``(C) Exposure-related cancer.--The term `exposure-
related cancer' means--
``(i) bladder cancer;
``(ii) brain cancer;
``(iii) breast cancer;
``(iv) cervical cancer;
``(v) colon cancer;
``(vi) colorectal cancer;
``(vii) esophagus cancer;
``(viii) kidney cancer;
``(ix) leukemia;
``(x) lung cancer;
``(xi) malignant melanoma;
``(xii) mesothelioma;
``(xiii) multiple myeloma;
``(xiv) non-Hodgkins lymphoma;
``(xv) ovarian cancer;
``(xvi) prostate cancer;
``(xvii) skin cancer;
``(xviii) stomach cancer;
``(xix) testicular cancer;
``(xx) thyroid cancer;
``(xxi) any form of cancer that is
considered a WTC-related health condition under
section 3312(a) of the Public Health Service
Act (42 U.S.C. 300mm-22(a)); and
``(xxii) any other form of cancer that the
Bureau may determine appropriate in accordance
with paragraph (3).
``(2) Personal injury sustained in the line of duty.--
``(A) In general.--Subject to subparagraph (B), as
determined by the Bureau, the death or permanent and
total disability of a public safety officer due to an
exposure-related cancer shall be presumed to constitute
a personal injury within the meaning of subsection (a),
sustained in the line of duty by the officer and
directly and proximately resulting in death or
permanent and total disability, if--
``(i) the public safety officer was exposed
to or in contact with heat, radiation, or a
carcinogen that is linked to an exposure-
related cancer while in the course of the line
of duty;
``(ii) the public safety officer began
serving as a public safety officer not later
than 5 years before the date of the diagnosis
of the public safety officer with an exposure-
related cancer;
``(iii) the public safety officer was
diagnosed with an exposure-related cancer not
later than 15 years after the last date of
active service as a public safety officer of
the public safety officer; and
``(iv) the exposure-related cancer directly
and proximately results in the death or
permanent and total disability of the public
safety officer.
``(B) Exception.--The presumption under
subparagraph (A) shall not apply to the death or
permanent and total disability of a public safety
officer due to an exposure-related cancer if competent
medical evidence establishes that the exposure-related
cancer was unrelated to the exposure or contact
described in subparagraph (A)(i).
``(3) Additional exposure-related cancers.--
``(A) In general.--The Director shall--
``(i) periodically review the definition of
`exposure-related cancer' under paragraph (1);
and
``(ii) add a type of exposure-related
cancer to the definition by rule, upon a
showing by a petitioner or on the Director's
own determination, in accordance with this
paragraph.
``(B) Basis for determination.--The Director shall
add a type of exposure-related cancer to the definition
of `exposure-related cancer' under paragraph (1) upon a
showing by a petitioner or the Director's own
determination, based on the weight of the best
available scientific evidence, that there is a
significant risk to public safety officers engaged in
public safety activities of developing the type of
exposure-related cancer.
``(C) Available expertise.--In determining
significant risk for the purpose of subparagraph (B),
the Director may accept as authoritative and may rely
upon recommendations, risk assessments, and scientific
studies by the National Institute for Occupational
Safety and Health, the National Toxicology Program, the
National Academies of Sciences, Engineering, and
Medicine, and the International Agency for Research on
Cancer.
``(D) Petitions to add to the list of exposure-
related cancers.--
``(i) In general.--Any person may petition
the Director to add a type of exposure-related
cancer to the definition of `exposure-related
cancer' under paragraph (1).
``(ii) Content of petition.--A petition
under clause (i) shall provide information to
show that there is sufficient evidence, based
on the weight of the best available scientific
evidence, of significant risk to public safety
officers engaged in public safety activities of
developing such exposure-related cancer from
their employment.
``(iii) Timely and substantive decisions.--
Not later than 180 days after receipt of a
petition under this subparagraph, the Director
shall grant or deny the petition by publishing
in the Federal Register a written explanation
of the reasons for the Director's decision. The
Director may not deny a petition solely on the
basis of competing priorities, inadequate
resources, or insufficient time for review.
``(iv) Notification to congress.--Not later
than 30 days after making any decision to
approve or deny a petition under this
subparagraph, the Director shall notify the
Committee on the Judiciary of the Senate and
the Committee on the Judiciary of the House of
Representatives of the decision.''.
(b) Applicability.--The amendment made by subsection (a) shall
apply in the case of any public safety officer who died or became
permanently and totally disabled on or after January 1, 2023, as a
result of an exposure-related cancer.
SEC. 3. TECHNICAL AMENDMENTS.
(a) In General.--Section 3 of the Safeguarding America's First
Responders Act of 2020 (34 U.S.C. 10281 note) is amended by adding at
the end the following:
``(d) Definition.--In this section, the term `line of duty action'
includes any action in which a public safety officer engages at the
direction of the agency served by the public safety officer.''.
(b) Applicability.--
(1) In general.--The amendment made by subsection (a) shall
apply in the case of any public safety officer who died on or
after January 1, 2020.
(2) Time for filing claim.--Section 32.12(a)(1) of title
28, Code of Federal Regulations, shall not apply to a claimant
who otherwise qualifies for support pursuant to the amendment
made by subsection (a).
<all>
</pre></body></html>
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|
118S931
|
Strengthening Agency Management and Oversight of Software Assets Act
|
[
[
"P000595",
"Sen. Peters, Gary C. [D-MI]",
"sponsor"
],
[
"C001075",
"Sen. Cassidy, Bill [R-LA]",
"cosponsor"
],
[
"H000601",
"Sen. Hagerty, Bill [R-TN]",
"cosponsor"
],
[
"T000476",
"Sen. Tillis, Thomas [R-NC]",
"cosponsor"
],
[
"E000295",
"Sen. Ernst, Joni [R-IA]",
"cosponsor"
],
[
"W000779",
"Sen. Wyden, Ron [D-OR]",
"cosponsor"
],
[
"H000273",
"Sen. Hickenlooper, John W. [D-CO]",
"cosponsor"
]
] |
<html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 931 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 931
To improve the visibility, accountability, and oversight of agency
software asset management practices, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
March 22, 2023
Mr. Peters (for himself, Mr. Cassidy, Mr. Hagerty, Mr. Tillis, Ms.
Ernst, Mr. Wyden, and Mr. Hickenlooper) introduced the following bill;
which was read twice and referred to the Committee on Homeland Security
and Governmental Affairs
_______________________________________________________________________
A BILL
To improve the visibility, accountability, and oversight of agency
software asset management practices, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Strengthening Agency Management and
Oversight of Software Assets Act''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Administrator.--The term ``Administrator'' means the
Administrator of General Services.
(2) Agency.--The term ``agency'' has the meaning given that
term in section 3502 of title 44, United States Code.
(3) Cloud computing.--The term ``cloud computing'' has the
meaning given the term in Special Publication 800-145 of the
National Institute of Standards and Technology, or any
successor document.
(4) Cloud service provider.--The term ``cloud service
provider'' means an entity offering cloud computing products or
services to agencies.
(5) Comprehensive assessment.--The term ``comprehensive
assessment'' means a comprehensive assessment conducted
pursuant to section 3(a).
(6) Director.--The term ``Director'' means the Director of
the Office of Management and Budget.
(7) Plan.--The term ``plan'' means the plan developed by a
Chief Information Officer, or equivalent official, pursuant to
section 4(a).
(8) Software entitlement.--The term ``software
entitlement'' means any software that--
(A) has been purchased, leased, or licensed by or
billed to an agency under any contract or other
business arrangement; and
(B) is subject to use limitations.
(9) Software inventory.--The term ``software inventory''
means the software inventory of an agency required pursuant
to--
(A) section 2(b)(2)(A) of the Making Electronic
Government Accountable By Yielding Tangible
Efficiencies Act of 2016 (40 U.S.C. 11302 note; Public
Law 114-210); or
(B) subsequent guidance issued by the Director
pursuant to that Act.
SEC. 3. SOFTWARE ENTITLEMENT AND INVENTORY INTEGRITY.
(a) In General.--As soon as practicable, and not later than 1 year
after the date of enactment of this Act, the Chief Information Officer
of each agency, in consultation with the Chief Financial Officer, the
Chief Procurement Officer, and General Counsel of the agency, or the
equivalent officials of the agency, shall complete a comprehensive
assessment of the software entitlements and software inventories of the
agency, which shall include--
(1) the current software inventory of the agency, including
software entitlements, contracts and other agreements or
arrangements of the agency, and a list of the largest software
entitlements of the agency separated by vendor and category of
software;
(2) a comprehensive, detailed accounting of--
(A) any software deployed for the agency as of the
date of the comprehensive assessment, including, to the
extent identifiable, the contracts and other agreements
or arrangements that the agency uses to acquire,
deploy, or use such software;
(B) information and data on software entitlements,
which shall include information on any additional fees
or costs for the use of cloud services that is not
included in the initial costs of the contract,
agreement, or arrangement--
(i) for which the agency pays;
(ii) that are not deployed or in use by the
agency; and
(iii) that are billed to the agency under
any contract or business arrangement that
creates redundancy in the deployment or use by
the agency; and
(C) the extent--
(i) to which any software paid for, in use,
or deployed throughout the agency is
interoperable; and
(ii) of the efforts of the agency to
improve interoperability of software assets
throughout the agency enterprise;
(3) a categorization of software licenses of the agency by
cost, volume, and type of software;
(4) a list of any provisions in the software licenses of
the agency that may restrict how the software can be deployed,
accessed, or used, including any such restrictions on desktop
or server hardware or through a cloud service provider; and
(5) an analysis addressing--
(A) the accuracy and completeness of the software
inventory and software entitlements of the agency
before and after the comprehensive assessment;
(B) management by the agency of and compliance by
the agency with all contracts or other agreements or
arrangements that include or implicate software
licensing or software management within the agency;
(C) the extent to which the agency accurately
captures the total cost of enterprise licenses
agreements and related costs, including the total cost
of upgrades over the life of a contract, cloud usage
cost per user, and any other cost associated with the
maintenance or servicing of contracts; and
(D) compliance with software license management
policies of the agency.
(b) Contract Support.--
(1) Authority.--The head of an agency may enter into 1 or
more contracts to support the requirements of subsection (a).
(2) No conflict of interest.--Contracts under paragraph (1)
shall not include contractors with organization conflicts of
interest.
(3) Operational independence.--Over the course of a
comprehensive assessment, contractors hired pursuant to
paragraph (1) shall maintain operational independence from the
integration, management, and operations of the software
inventory and software entitlements of the agency.
(c) Submission.--On the date on which the Chief Information
Officer, Chief Financial Officer, Chief Procurement Officer, and
General Counsel of an agency, or the equivalent officials of the
agency, complete the comprehensive assessment, and not later than 1
year after the date of enactment of this Act, the Chief Information
Officer shall submit the comprehensive assessment to--
(1) the head of the agency;
(2) the Director;
(3) the Administrator;
(4) the Comptroller General of the United States;
(5) the Committee on Homeland Security and Governmental
Affairs of the Senate; and
(6) the Committee on Oversight and Accountability of the
House of Representatives.
(d) Consultation.--In order to ensure the utility and
standardization of the comprehensive assessment of each agency,
including to support the development of each plan and the Government-
wide strategy described in section 5, the Director, in consultation
with the Administrator, may share information, best practices, and
recommendations relating to the activities performed in the course of a
comprehensive assessment of an agency.
SEC. 4. ENTERPRISE LICENSING POSITIONING AT AGENCIES.
(a) In General.--The Chief Information Officer of each agency, in
consultation with the Chief Financial Officer and the Chief Procurement
Officer of the agency, or the equivalent officials of the agency, shall
use the information developed pursuant to the comprehensive assessment
of the agency to develop a plan for the agency--
(1) to consolidate software licenses of the agency; and
(2) to the greatest extent practicable, in order to improve
the performance of, and reduce unnecessary costs to, the
agency, to adopt enterprise license agreements across the
agency, by type or category of software.
(b) Plan Requirements.--The plan of an agency shall--
(1) include a detailed strategy for--
(A) the remediation of any software asset
management deficiencies found during the comprehensive
assessment of the agency;
(B) the ongoing maintenance of software asset
management upon the completion of the remediation; and
(C) maximizing the effectiveness of software
deployed by the agency, including, to the extent
practicable, leveraging technologies that--
(i) provide in-depth analysis of user
behaviors and collect user feedback;
(ii) measure actual software usage via
analytics that can identify inefficiencies to
assist in rationalizing software spending;
(iii) allow for segmentation of the user
base;
(iv) support effective governance and
compliance in the use of software; and
(v) support interoperable capabilities
between software;
(2) identify not fewer than 5 categories of software the
agency will prioritize for conversion to enterprise licenses as
the software entitlements, contracts, and other agreements or
arrangements for those categories come up for renewal or
renegotiation;
(3) provide an estimate of the costs to move to enterprise,
open-source, or other licenses that do not restrict the use of
software by the agency, and the projected cost savings,
efficiency measures, and improvements to agency performance
throughout the total software lifecycle;
(4) identify potential mitigations to minimize software
license restrictions on how such software can be deployed,
accessed, or used, including any mitigations that would
minimize any such restrictions on desktop or server hardware or
through a cloud service provider;
(5) ensure that the purchase by the agency of any
enterprise license or other software is based on publicly
available criteria that are not unduly structured to favor any
specific vendor;
(6) include any estimates for additional resources,
services, or support the agency may need to execute the
enterprise licensing position plan;
(7) provide information on the prevalence of software
products in use across multiple software categories; and
(8) include any additional information, data, or analysis
determined necessary by the Chief Information Officer, or other
equivalent official, of the agency.
(c) Consultation and Coordination.--The Director, in coordination
with the Chief Information Officers Council, the Chief Acquisition
Officers Council, the Administrator, and other government and industry
representatives identified by the Director, may establish processes to
identify, define, and harmonize common definitions, terms and
conditions, and other information and criteria to support agency heads
in developing and implementing the plans required by this section.
(d) Support.--The Chief Information Officer, or other equivalent
official, of an agency may request support from the Director and the
Administrator for any analysis or developmental needs to create the
plan of the agency.
(e) Submission.--Not later than 120 days after the date on which
the Chief Information Officer, or other equivalent official, of an
agency submits the comprehensive assessment pursuant to section 3(c),
the head of the agency shall submit to the Director, the Committee on
Homeland Security and Governmental Affairs of the Senate, and the
Committee on Oversight and Accountability of the House of
Representatives the plan of the agency.
SEC. 5. GOVERNMENT-WIDE STRATEGY.
(a) In General.--Not later than 2 years after the date of enactment
of this Act, the Director, in consultation with the Administrator and
the Federal Chief Information Officers Council, 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 strategy that includes--
(1) proposals to support the adoption of Government-wide
enterprise licenses for software entitlements identified
through the comprehensive assessments and plans, including,
where appropriate, a cost-benefit analysis;
(2) opportunities to leverage Government procurement
policies and practices to increase interoperability of software
entitlements acquired and deployed to reduce costs and improve
performance;
(3) the incorporation of data on spending by agencies on,
the performance of, and management by agencies of software
entitlements as part of the information required under section
11302(c)(3)(B) of title 40, United States Code;
(4) where applicable, directions to agencies to examine
options and relevant criteria for transitioning to open-source
software; and
(5) any other information or data collected or analyzed by
the Director.
(b) Budget Submission.--
(1) First budget.--With respect to the first budget of the
President submitted under section 1105(a) of title 31, United
States Code, on or after the date that is 2 years after the
date of enactment of this Act, the Director shall ensure that
the strategy required under subsection (a) of this section and
the plan of each agency are included in the budget
justification materials of each agency submitted in conjunction
with that budget.
(2) Subsequent 5 budgets.--With respect to the first 5
budgets of the President submitted under section 1105(a) of
title 31, United States Code, after the budget described in
paragraph (1), the Director shall--
(A) designate performance metrics for agencies for
common software licensing, management, and cost
criteria; and
(B) ensure that the progress of each agency toward
the performance metrics is included in the budget
justification materials of the agency submitted in
conjunction with that budget.
SEC. 6. GAO REPORT.
Not later than 3 years after the date of enactment of this Act, the
Comptroller General of the United States 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 Government-wide trends, comparisons among
agencies, and other analyses of plans and the strategy required under
section 5(a) by the Comptroller General of the United States.
<all>
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118S932
|
No CORRUPTION Act
|
[
[
"R000608",
"Sen. Rosen, Jacky [D-NV]",
"sponsor"
],
[
"S001217",
"Sen. Scott, Rick [R-FL]",
"cosponsor"
],
[
"H001089",
"Sen. Hawley, Josh [R-MO]",
"cosponsor"
]
] |
<p><b>No Congressionally Obligated Recurring Revenue Used as Pensions To Incarcerated Officials Now Act or the No CORRUPTION Act</b></p> <p>This bill makes a Member of Congress who has been convicted of a crime related to public corruption ineligible to receive retirement payments pursuant to the Civil Service Retirement System or the Federal Employees' Retirement System based on service as a Member. Under current law, a Member must forgo receipt of these payments only after a final conviction (i.e., after the exhaustion of all appeals under the judicial process).</p>
|
<html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 932 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 932
To amend title 5, United States Code, to provide for the halt in
pension payments for Members of Congress sentenced for certain
offenses, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
March 22, 2023
Ms. Rosen (for herself and Mr. Scott of Florida) introduced the
following bill; which was read twice and referred to the Committee on
Homeland Security and Governmental Affairs
_______________________________________________________________________
A BILL
To amend title 5, United States Code, to provide for the halt in
pension payments for Members of Congress sentenced for certain
offenses, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``No Congressionally Obligated
Recurring Revenue Used as Pensions To Incarcerated Officials Now Act''
or the ``No CORRUPTION Act''.
SEC. 2. FORFEITURE OF PENSION.
(a) In General.--Section 8332(o) of title 5, United States Code, is
amended--
(1) by redesignating paragraphs (4), (5), and (6) as
paragraphs (5), (6), and (7), respectively;
(2) by inserting after paragraph (3) the following:
``(4)(A) Subject to subparagraph (B), an individual convicted of an
offense described in paragraph (2) shall not be eligible to receive any
payment of an annuity pursuant to the retirement system under this
subchapter or chapter 84, except that this sentence applies only to
such payments based on service rendered as a Member (irrespective of
when rendered).
``(B) If the conviction of an individual described in subparagraph
(A) is overturned on appeal by a court of competent jurisdiction, the
individual shall receive payments that the individual would have
received but for the application of subparagraph (A).
``(C) This paragraph applies only to a conviction that occurs after
the date of enactment of the No Congressionally Obligated Recurring
Revenue Used as Pensions To Incarcerated Officials Now Act.'';
(3) in paragraph (5)(B)(i), as so redesignated, by striking
``paragraph (5)'' and inserting ``paragraph (6)''; and
(4) in paragraph (6), as so redesignated, by striking
``paragraph (4)(B)'' and inserting ``paragraph (5)(B)''.
(b) Technical and Conforming Amendment.--Section 719(e)(2) of title
38, United States Code, is amended by striking ``section 8332(o)(5)''
and inserting ``section 8332(o)(6)''.
<all>
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118S933
|
Federal Data Center Enhancement Act of 2023
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]
] |
<html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 933 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 933
To amend the Carl Levin and Howard P. ``Buck'' McKeon National Defense
Authorization Act for Fiscal Year 2015 to modify requirements relating
to data centers of certain Federal agencies, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
March 22, 2023
Ms. Rosen (for herself, Mr. Cornyn, 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 the Carl Levin and Howard P. ``Buck'' McKeon National Defense
Authorization Act for Fiscal Year 2015 to modify requirements relating
to data centers of certain Federal 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 ``Federal Data Center Enhancement Act
of 2023''.
SEC. 2. FEDERAL DATA CENTER CONSOLIDATION INITIATIVE AMENDMENTS.
(a) Findings.--Congress finds the following:
(1) The statutory authorization for the Federal Data Center
Optimization Initiative under section 834 of the Carl Levin and
Howard P. ``Buck'' McKeon National Defense Authorization Act
for Fiscal Year 2015 (44 U.S.C. 3601 note; Public Law 113-291)
expires at the end of fiscal year 2022.
(2) The expiration of the authorization described in
paragraph (1) presents Congress with an opportunity to review
the objectives of the Federal Data Center Optimization
Initiative to ensure that the initiative is meeting the current
needs of the Federal Government.
(3) The initial focus of the Federal Data Center
Optimization Initiative, which was to consolidate data centers
and create new efficiencies, has resulted in, since 2010--
(A) the consolidation of more than 6,000 Federal
data centers; and
(B) cost savings and avoidance of $5,800,000,000.
(4) The need of the Federal Government for access to data
and data processing systems has evolved since the date of
enactment in 2014 of subtitle D of title VIII of the Carl Levin
and Howard P. ``Buck'' McKeon National Defense Authorization
Act for Fiscal Year 2015.
(5) Federal agencies and employees involved in mission
critical functions increasingly need reliable access to secure,
reliable, sustainable, and protected facilities to house
mission critical data and data operations to meet the immediate
needs of the people of the United States.
(6) As of the date of enactment of this Act, there is a
growing need for Federal agencies to use data centers and cloud
applications that meet high standards for cybersecurity,
resiliency, availability, and sustainability.
(b) Minimum Requirements for New Data Centers.--Section 834 of the
Carl Levin and Howard P. ``Buck'' McKeon National Defense Authorization
Act for Fiscal Year 2015 (44 U.S.C. 3601 note; Public Law 113-291) is
amended--
(1) in subsection (a), by striking paragraphs (3) and (4)
and inserting the following:
``(3) New data center.--The term `new data center' means--
``(A)(i) a data center or a portion thereof that is
owned, operated, or maintained by a covered agency; or
``(ii) to the extent practicable, a data center or
portion thereof--
``(I) that is owned, operated, or
maintained by a contractor on behalf of a
covered agency on the date on which the
contract between the covered agency and the
contractor expires; and
``(II) with respect to which the covered
agency extends the contract, or enters into a
new contract, with the contractor; and
``(B) on or after the date that is 180 days after
the date of enactment of the Federal Data Center
Enhancement Act of 2023, a data center or portion
thereof that is--
``(i) established; or
``(ii) substantially upgraded or
expanded.'';
(2) by striking subsection (b) and inserting the following:
``(b) Minimum Requirements for New Data Centers.--
``(1) In general.--Not later than 180 days after the date
of enactment of the Federal Data Center Enhancement Act of
2023, the Administrator shall establish minimum requirements
for new data centers in consultation with the Administrator of
General Services and the Federal Chief Information Officers
Council.
``(2) Contents.--
``(A) In general.--The minimum requirements
established under paragraph (1) shall include
requirements relating to--
``(i) the availability of new data centers;
``(ii) the use of new data centers;
``(iii) the use of sustainable energy
sources;
``(iv) uptime percentage;
``(v) protections against power failures,
including on-site energy generation and access
to multiple transmission paths;
``(vi) protections against physical
intrusions and natural disasters;
``(vii) information security protections
required by subchapter II of chapter 35 of
title 44, United States Code, and other
applicable law and policy; and
``(viii) any other requirements the
Administrator determines appropriate.
``(B) Consultation.--In establishing the
requirements described in subparagraph (A)(vii), the
Administrator shall consult with the Director of the
Cybersecurity and Infrastructure Security Agency and
the National Cyber Director.
``(3) Incorporation of minimum requirements into current
data centers.--As soon as practicable, and in any case not
later than 90 days after the Administrator establishes the
minimum requirements pursuant to paragraph (1), the
Administrator shall issue guidance to ensure, as appropriate,
that covered agencies incorporate the minimum requirements
established under that paragraph into the operations of any
data center of a covered agency existing as of the date of
enactment of the Federal Data Center Enhancement Act of 2023.
``(4) Review of requirements.--The Administrator, in
consultation with the Administrator of General Services and the
Federal Chief Information Officers Council, shall review,
update, and modify the minimum requirements established under
paragraph (1), as necessary.
``(5) Report on new data centers.--During the development
and planning lifecycle of a new data center, if the head of a
covered agency determines that the covered agency is likely to
make a management or financial decision relating to any data
center, the head of the covered agency shall--
``(A) notify--
``(i) the Administrator;
``(ii) Committee on Homeland Security and
Governmental Affairs of the Senate; and
``(iii) Committee on Oversight and
Accountability of the House of Representatives;
and
``(B) describe in the notification with sufficient
detail how the covered agency intends to comply with
the minimum requirements established under paragraph
(1).
``(6) Use of technology.--In determining whether to
establish or continue to operate an existing data center, the
head of a covered agency shall--
``(A) regularly assess the application portfolio of
the covered agency and ensure that each at-risk legacy
application is updated, replaced, or modernized, as
appropriate, to take advantage of modern technologies;
and
``(B) prioritize and, to the greatest extent
possible, leverage commercial cloud environments rather
than acquiring, overseeing, or managing custom data
center infrastructure.
``(7) Public website.--
``(A) In general.--The Administrator shall maintain
a public-facing website that includes information,
data, and explanatory statements relating to the
compliance of covered agencies with the requirements of
this section.
``(B) Processes and procedures.--In maintaining the
website described in subparagraph (A), the
Administrator shall--
``(i) ensure covered agencies regularly,
and not less frequently than biannually, update
the information, data, and explanatory
statements posed on the website, pursuant to
guidance issued by the Administrator, relating
to any new data centers and, as appropriate,
each existing data center of the covered
agency; and
``(ii) ensure that all information, data,
and explanatory statements on the website are
maintained as open Government data assets.'';
and
(3) in subsection (c), by striking paragraph (1) and
inserting the following:
``(1) In general.--The head of a covered agency shall
oversee and manage the data center portfolio and the
information technology strategy of the covered agency in
accordance with Federal cybersecurity guidelines and
directives, including--
``(A) information security standards and guidelines
promulgated by the Director of the National Institute
of Standards and Technology;
``(B) applicable requirements and guidance issued
by the Director of the Office of Management and Budget
pursuant to section 3614 of title 44, United States
Code; and
``(C) directives issued by the Secretary of
Homeland Security under section 3553 of title 44,
United States Code.''.
(c) Extension of Sunset.--Section 834(e) of the Carl Levin and
Howard P. ``Buck'' McKeon National Defense Authorization Act for Fiscal
Year 2015 (44 U.S.C. 3601 note; Public Law 113-291) is amended by
striking ``2022'' and inserting ``2026''.
(d) GAO Review.--Not later than 1 year after the date of the
enactment of this Act, and annually thereafter, the Comptroller General
of the United States shall review, verify, and audit the compliance of
covered agencies with the minimum requirements established pursuant to
section 834(b)(1) of the Carl Levin and Howard P. ``Buck'' McKeon
National Defense Authorization Act for Fiscal Year 2015 (44 U.S.C. 3601
note; Public Law 113-291) for new data centers and subsection (b)(3) of
that Act for existing data centers, as appropriate.
<all>
</pre></body></html>
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[
"Government Operations and Politics",
"Alternative and renewable resources",
"Computer security and identity theft",
"Computers and information technology",
"Congressional oversight",
"Emergency planning and evacuation",
"Energy efficiency and conservation",
"Government information and archives",
"Government studies and investigations",
"Public contracts and procurement"
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118S934
|
A bill to amend the Department of Energy Organization Act to assign certain functions to the Assistant Secretaries of Energy relating to energy emergencies and energy security, and for other purposes.
|
[
[
"B001261",
"Sen. Barrasso, John [R-WY]",
"sponsor"
],
[
"R000584",
"Sen. Risch, James E. [R-ID]",
"cosponsor"
],
[
"C000880",
"Sen. Crapo, Mike [R-ID]",
"cosponsor"
],
[
"C001035",
"Sen. Collins, Susan M. [R-ME]",
"cosponsor"
]
] |
<html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 934 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 934
To amend the Department of Energy Organization Act to assign certain
functions to the Assistant Secretaries of Energy relating to energy
emergencies and energy security, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
March 22, 2023
Mr. Barrasso (for himself, Mr. Risch, Mr. Crapo, and Ms. Collins)
introduced the following bill; which was read twice and referred to the
Committee on Energy and Natural Resources
_______________________________________________________________________
A BILL
To amend the Department of Energy Organization Act to assign certain
functions to the Assistant Secretaries of Energy relating to energy
emergencies and energy security, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. ENERGY EMERGENCY AND ENERGY SECURITY FUNCTIONS ASSIGNED TO
ASSISTANT SECRETARIES OF ENERGY.
(a) In General.--Section 203(a) of the Department of Energy
Organization Act (42 U.S.C. 7133(a)) is amended--
(1) in the matter preceding paragraph (1), in the second
sentence, by striking ``, but are not limited to,''; and
(2) by adding at the end the following:
``(12) Energy emergency and energy security functions,
including--
``(A) responsibilities with respect to
infrastructure, cybersecurity, emerging threats,
supply, and emergency planning, coordination, response,
and restoration; and
``(B) on request of a State, local, or Tribal
government or energy sector entity, and in consultation
with other Federal agencies, as appropriate, provision
of technical assistance, support, and response
capabilities with respect to energy security threats,
risks, and incidents.''.
(b) Coordination.--The Secretary of Energy shall ensure that the
functions of the Secretary of Energy described in paragraph (12) of
section 203(a) of the Department of Energy Organization Act (42 U.S.C.
7133(a)) are performed in coordination with relevant Federal agencies.
<all>
</pre></body></html>
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|
118S935
|
Fair Accountability and Innovative Research Drug Pricing Act of 2023
|
[
[
"B001230",
"Sen. Baldwin, Tammy [D-WI]",
"sponsor"
],
[
"B001310",
"Sen. Braun, Mike [R-IN]",
"cosponsor"
],
[
"S001203",
"Sen. Smith, Tina [D-MN]",
"cosponsor"
]
] |
<html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 935 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 935
To require reporting regarding certain drug price increases, and for
other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
March 22, 2023
Ms. Baldwin (for herself, Mr. Braun, and Ms. Smith) introduced the
following bill; which was read twice and referred to the Committee on
Health, Education, Labor, and Pensions
_______________________________________________________________________
A BILL
To require reporting regarding certain drug price increases, and for
other 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 Accountability and Innovative
Research Drug Pricing Act of 2023''.
SEC. 2. REPORTING ON JUSTIFICATION FOR DRUG PRICE INCREASES.
Title III of the Public Health Service Act (42 U.S.C. 241 et seq.)
is amended by adding at the end the following:
``PART W--DRUG PRICE REPORTING; DRUG VALUE FUND
``SEC. 399OO. REPORTING ON JUSTIFICATION FOR DRUG PRICE INCREASES.
``(a) Definitions.--In this section:
``(1) Manufacturer.--The term `manufacturer' means the
person--
``(A) that holds the application for a drug
approved under section 505 of the Federal Food, Drug,
and Cosmetic Act or the license issued under section
351 of this Act; or
``(B) who is responsible for setting the price for
the drug.
``(2) Qualifying drug.--The term `qualifying drug' means
any drug that is approved under subsection (c) or (j) of
section 505 of the Federal Food, Drug, and Cosmetic Act or
licensed under subsection (a) or (k) of section 351 of this
Act--
``(A) that has a wholesale acquisition cost of $100
or more per month supply, or per a course of treatment
that lasts less than a month, and is--
``(i)(I) subject to section 503(b)(1) of
the Federal Food, Drug, and Cosmetic Act; or
``(II) commonly administered by hospitals
(as determined by the Secretary); and
``(ii) not designated by the Secretary as a
vaccine; and
``(B) for which, during the previous calendar year,
at least 1 dollar of the total amount of sales were for
individuals enrolled under the Medicare program under
title XVIII of the Social Security Act (42 U.S.C. 1395
et seq.) or under a State Medicaid plan under title XIX
of such Act (42 U.S.C. 1396 et seq.) or under a waiver
of such plan.
``(3) United states median household income.--The term
`United States median household income' means median household
income for the United States as published by the Census Bureau
for the most recent year for which data is available.
``(4) Wholesale acquisition cost.--The term `wholesale
acquisition cost' has the meaning given that term in section
1847A(c)(6)(B) of the Social Security Act (42 U.S.C. 1395w-
3a(c)(6)(B)).
``(b) Report.--
``(1) Report required.--The manufacturer of a qualifying
drug shall submit a report to the Secretary if, with respect to
the qualifying drug--
``(A) there is an increase in the price of the
qualifying drug that results in an increase in the
wholesale acquisition cost of that drug that is equal
to--
``(i) 10 percent or more over a 12-month
period beginning on or after January 1, 2024;
or
``(ii) 25 percent or more over a 36-month
period beginning on or after January 1, 2024;
or
``(B) the wholesale acquisition price of the
qualifying drug for the applicable year or per normal
course of treatment that lasts less than 1 year, as
determined by the Secretary, exceeds United States
median household income beginning on or after January
1, 2024.
``(2) Report deadline.--Each report described in paragraph
(1) shall be submitted to the Secretary not later than 30 days
prior to the planned effective date of such price increase.
``(c) Contents.--A report under subsection (b) shall, at a minimum,
include--
``(1) with respect to the qualifying drug--
``(A) the percentage by which the manufacturer will
raise the wholesale acquisition cost of the drug on the
planned effective date of such price increase, as
applicable;
``(B) a justification for, and description of, each
manufacturer's price increase that will occur during
the 12-month period described in subsection (b)(1)(A)
or the 36-month period described in subsection
(b)(1)(B), as applicable;
``(C) an explanation for, and description of, the
cost associated with a qualifying drug if such drug
meets the criteria under subsection (b)(1)(B), as
applicable;
``(D) the identity of the initial developer of the
drug;
``(E) a description of the history of the
manufacturer's price increases for the drug since the
approval of the application for the drug under section
505 of the Federal Food, Drug, and Cosmetic Act or the
issuance of the license for the drug under section 351,
or since the manufacturer acquired such approved
application or license, as applicable;
``(F) the current list price of the drug;
``(G) the total expenditures of the manufacturer
on--
``(i) materials and manufacturing for such
drug; and
``(ii) acquiring patents and licensing for
such drug;
``(H) the percentage of total expenditures of the
manufacturer on research and development for such drug
that was derived from Federal funds;
``(I) the total expenditures of the manufacturer on
research and development for such drug that is used
for--
``(i) basic and preclinical research;
``(ii) clinical research;
``(iii) new drug development;
``(iv) pursuing new or expanded indications
for such drug through supplemental applications
under section 505 of the Federal Food, Drug,
and Cosmetic Act or section 351 of this Act;
and
``(v) carrying out postmarket requirements
related to such drug, including those under
section 505(o)(3) of the Federal Food, Drug,
and Cosmetic Act;
``(J) the total revenue and the net profit
generated from the qualifying drug for each calendar
year since the approval of the application for the drug
under section 505 of the Federal Food, Drug, and
Cosmetic Act or the issuance of the license for the
drug under section 351, or since the manufacturer
acquired such approved application or license; and
``(K) the total costs associated with marketing and
advertising for the qualifying drug;
``(2) with respect to the manufacturer--
``(A) the total revenue and the net profit of the
manufacturer for each of the 12-month periods described
in subsection (b)(1)(A) or for the 36-month period
described in subsection (b)(1)(B), as applicable;
``(B) all stock-based performance metrics used by
the manufacturer to determine executive compensation
for each of the 12-month periods described in
subsection (b)(1)(A) or the 36-month periods described
in subsection (b)(1)(B)(ii), as applicable; and
``(C) any additional information the manufacturer
chooses to provide related to drug pricing decisions,
such as total expenditures on--
``(i) drug research and development; or
``(ii) clinical trials on drugs that failed
to receive approval by the Food and Drug
Administration; and
``(3) such other related information as the Secretary
considers appropriate.
``(d) Civil Penalty.--Any manufacturer of a qualifying drug that
fails to submit a report for the drug as required by this section shall
be subject to a civil penalty of $100,000 for each day on which the
violation continues.
``(e) Public Posting.--
``(1) In general.--Subject to paragraph (3), not later than
30 days after the submission of a report under subsection (b),
the Secretary shall post the report on the public website of
the Department of Health and Human Services.
``(2) Format.--In developing the format of such report for
public posting, the Secretary shall consult stakeholders,
including beneficiary groups, and shall seek feedback on the
content and format from consumer advocates and readability
experts to ensure such public reports are user-friendly to the
public and are written in plain language that consumers can
readily understand.
``(3) Trade secrets and confidential information.--In
carrying out this section the Secretary shall enforce current
law concerning the protection of confidential commercial
information and trade secrets.''.
``SEC. 399OO-1. USE OF CIVIL PENALTY AMOUNTS.
``The Secretary shall, without further appropriation, collect civil
penalties under section 399OO and use the funds derived from such civil
penalties, in addition to any other amounts available to the Secretary,
to carry out activities described in this part and to improve consumer
and provider information about drug value and drug price transparency.
``SEC. 399OO-2. ANNUAL REPORT TO CONGRESS.
``(a) In General.--Subject to subsection (b), the Secretary shall
submit to Congress, and post on the public website of the Department of
Health and Human Services in a way that is easy to find, use, and
understand, an annual report--
``(1) summarizing the information reported pursuant to
section 399OO; and
``(2) including copies of the reports and supporting
detailed economic analyses submitted pursuant to such section.
``(b) Trade Secrets and Confidential Information.--In carrying out
this section the Secretary shall enforce current law concerning the
protection of confidential commercial information and trade secrets.''.
<all>
</pre></body></html>
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|
118S936
|
Supporting Small Business and Career and Technical Education Act of 2023
|
[
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"M001198",
"Sen. Marshall, Roger [R-KS]",
"sponsor"
],
[
"C000141",
"Sen. Cardin, Benjamin L. [D-MD]",
"cosponsor"
],
[
"C001088",
"Sen. Coons, Christopher A. [D-DE]",
"cosponsor"
]
] |
<html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 936 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 936
To amend the Small Business Act to include requirements relating to
graduates of career and technical education programs or programs of
study for small business development centers and women's business
centers, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
March 22, 2023
Mr. Marshall (for himself, Mr. Cardin, and Mr. Coons) introduced the
following bill; which was read twice and referred to the Committee on
Small Business and Entrepreneurship
_______________________________________________________________________
A BILL
To amend the Small Business Act to include requirements relating to
graduates of career and technical education programs or programs of
study for small business development centers and women's business
centers, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Supporting Small Business and Career
and Technical Education Act of 2023''.
SEC. 2. INCLUSION OF CAREER AND TECHNICAL EDUCATION.
(a) Definition.--Section 3 of the Small Business Act (15 U.S.C.
632) is amended by adding at the end the following:
``(gg) Career and Technical Education.--The term `career and
technical education' has the meaning given the term in section 3 of the
Carl D. Perkins Career and Technical Education Act of 2006 (20 U.S.C.
2302).''.
(b) Small Business Development Centers.--Section 21(c)(3) of the
Small Business Act (15 U.S.C. 648(c)(3)) is amended--
(1) in subparagraph (T), by striking ``and'' at the end;
(2) in clause (v) of the first subparagraph (U) (relating
to succession planning), by striking the period at the end and
inserting a semicolon;
(3) by redesignating the second subparagraph (U) (relating
to training on domestic and international intellectual property
protections) as subparagraph (V);
(4) in subparagraph (V)(ii)(II), as so redesignated, by
striking the period at the end and inserting a semicolon; and
(5) by adding at the end the following:
``(W) assisting small business concerns in hiring
graduates from career and technical education programs
or programs of study; and
``(X) assisting graduates of career and technical
education programs or programs of study in starting up
a small business concern.''.
(c) Women's Business Centers.--Section 29(b) of the Small Business
Act (15 U.S.C. 656(b)) is amended--
(1) in paragraph (2), by striking ``and'' at the end;
(2) in paragraph (3), by striking the period at the end and
inserting a semicolon; and
(3) by adding at the end the following:
``(4) assistance for small business concerns to hire
graduates from career and technical education programs or
programs of study; and
``(5) assistance for graduates of career and technical
education programs or programs of study to start up a small
business concern.''.
<all>
</pre></body></html>
|
[
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118S937
|
A bill to amend Public Law 117-169 to prohibit the Environmental Protection Agency from using funds for methane monitoring to be used to monitor emissions of methane from livestock, and for other purposes.
|
[
[
"T000250",
"Sen. Thune, John [R-SD]",
"sponsor"
],
[
"E000295",
"Sen. Ernst, Joni [R-IA]",
"cosponsor"
]
] |
<html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 937 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 937
To amend Public Law 117-169 to prohibit the Environmental Protection
Agency from using funds for methane monitoring to be used to monitor
emissions of methane from livestock, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
March 22, 2023
Mr. Thune (for himself and Ms. Ernst) introduced the following bill;
which was read twice and referred to the Committee on Environment and
Public Works
_______________________________________________________________________
A BILL
To amend Public Law 117-169 to prohibit the Environmental Protection
Agency from using funds for methane monitoring to be used to monitor
emissions of methane from livestock, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. METHANE MONITORING.
Section 60105(e) of Public Law 117-169 (136 Stat. 2068) is
amended--
(1) by striking ``In addition to'' and inserting the
following:
``(1) In general.--In addition to''; and
(2) by adding at the end the following:
``(2) Prohibition.--Amounts made available under paragraph
(1) may not be used to monitor emissions of methane from
livestock.''.
<all>
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|
118S938
|
Water Affordability, Transparency, Equity, and Reliability Act of 2023
|
[
[
"S000033",
"Sen. Sanders, Bernard [I-VT]",
"sponsor"
],
[
"W000779",
"Sen. Wyden, Ron [D-OR]",
"cosponsor"
],
[
"B001277",
"Sen. Blumenthal, Richard [D-CT]",
"cosponsor"
],
[
"M001176",
"Sen. Merkley, Jeff [D-OR]",
"cosponsor"
],
[
"W000817",
"Sen. Warren, Elizabeth [D-MA]",
"cosponsor"
],
[
"W000800",
"Sen. Welch, Peter [D-VT]",
"cosponsor"
]
] |
<html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 938 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 938
To establish a trust fund to provide for adequate funding for water and
sewer infrastructure, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
March 22, 2023
Mr. Sanders (for himself, Mr. Wyden, Mr. Blumenthal, Mr. Merkley, Ms.
Warren, and Mr. Welch) introduced the following bill; which was read
twice and referred to the Committee on Finance
_______________________________________________________________________
A BILL
To establish a trust fund to provide for adequate funding for water and
sewer infrastructure, and for other 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 ``Water
Affordability, Transparency, Equity, and Reliability Act of 2023''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Definition of Administrator.
Sec. 3. Water Affordability, Transparency, Equity, and Reliability
Trust Fund.
Sec. 4. Report on affordability, discrimination and civil rights
violations, public participation in
regionalization, and data collection.
Sec. 5. Household water well systems.
Sec. 6. Use of State revolving funds under the Federal Water Pollution
Control Act.
Sec. 7. Use of State revolving loan funds under the Safe Drinking Water
Act.
Sec. 8. Drinking water grant programs.
Sec. 9. Labor provisions.
Sec. 10. Drinking water assistance to colonias.
SEC. 2. DEFINITION OF ADMINISTRATOR.
In this Act, the term ``Administrator'' means the Administrator of
the Environmental Protection Agency.
SEC. 3. WATER AFFORDABILITY, TRANSPARENCY, EQUITY, AND RELIABILITY
TRUST FUND.
(a) Establishment.--
(1) In general.--Subchapter A of chapter 98 of the Internal
Revenue Code of 1986 is amended by adding at the end the
following:
``SEC. 9512. WATER AFFORDABILITY, TRANSPARENCY, EQUITY, AND RELIABILITY
TRUST FUND.
``(a) Creation of Trust Fund.--There is established in the Treasury
of the United States a trust fund to be known as the `Water
Affordability, Transparency, Equity, and Reliability Trust Fund'
(referred to in this section as the `Trust Fund'), consisting of such
amounts as may be appropriated or credited to such Trust Fund as
provided in this section or section 9602(b).
``(b) Transfers to Fund.--
``(1) In general.--There are hereby appropriated to the
Trust Fund such amounts as the Secretary from time to time
estimates are equal to the increase in Federal revenues
attributable to the amendment made by section 3(b) of the Water
Affordability, Transparency, Equity, and Reliability Act of
2023.
``(2) Limitation.--The sum of the amounts appropriated
under paragraph (1) during any fiscal year shall not exceed the
larger of--
``(A) $35,000,000,000, and
``(B) one-twentieth of the sum of--
``(i) the 20-year need identified in the
most recent assessment conducted by the
Administrator of the Environmental Protection
Agency in accordance with section 1452(h) of
the Safe Drinking Water Act (42 U.S.C. 300j-
12(h)), plus
``(ii) the 20-year need identified in the
most recent needs survey submitted by the
Administrator pursuant to sections 205(a), 516,
and 609 of the Federal Water Pollution Control
Act (33 U.S.C. 1285(a), 1375, 1389).
``(c) Expenditures.--Amounts in the Trust Fund are available,
without further appropriation and without fiscal year limitation, for
the purposes described in section 3(c) of the Water Affordability,
Transparency, Equity, and Reliability Act of 2023.''.
(2) Clerical amendment.--The table of parts for subchapter
A of chapter 98 of such Code is amended by inserting after the
item relating to section 9511 the following new item:
``Sec. 9512. Water Affordability, Transparency, Equity, and Reliability
Trust Fund.''.
(b) Increase in Corporate Tax Rate.--
(1) In general.--Section 11(b) of the Internal Revenue Code
of 1986 is amended by striking ``21'' and inserting ``24.5''.
(2) Effective date.--The amendment made by this subsection
shall apply to taxable years beginning after December 31, 2022.
(c) Allocation of Funds.--The Administrator, the Secretary of
Agriculture, and the Secretary of Health and Human Services shall
allocate, for a fiscal year, the amount available, at the beginning of
that fiscal year, in the Water Affordability, Transparency, Equity, and
Reliability Trust Fund established by section 9512(a) of the Internal
Revenue Code of 1986, as follows:
(1) Clean water programs.--Of that amount, the
Administrator shall use--
(A) 0.5 percent for making grants under section
104(b)(8) of the Federal Water Pollution Control Act
(33 U.S.C. 1254(b)(8));
(B) 1.5 percent for making grants under section 106
of that Act (33 U.S.C. 1256);
(C) 2.5 percent for making grants under section 226
of that Act (33 U.S.C. 1302d);
(D) 2.5 percent for making grants under subsections
(h) and (i) of section 319 of that Act (33 U.S.C.
1329); and
(E) 42.25 percent for making capitalization grants
under title VI of that Act (33 U.S.C. 1381 et seq.).
(2) Safe drinking water funding.--Of that amount, the
Administrator shall use--
(A) 0.5 percent for providing technical assistance
under section 1442(e) of the Safe Drinking Water Act
(42 U.S.C. 300j-1(e));
(B) 42.25 percent for making capitalization grants
under section 1452 of that Act (42 U.S.C. 300j-12);
(C) 3 percent for making grants under section 1465
of that Act (42 U.S.C. 300j-25); and
(D) 0.5 percent for making grants under section
1456 of that Act (42 U.S.C. 300j-16) and for making
grants under section 307 of the Safe Drinking Water Act
Amendments of 1996 (33 U.S.C. 1281 note; Public Law
104-182).
(3) Household water well systems.--Of that amount, the
Secretary of Agriculture shall use 1 percent for making grants
under section 306E of the Consolidated Farm and Rural
Development Act (7 U.S.C. 1926e).
(4) Colonias.--Of that amount, the Secretary of Agriculture
shall use 0.5 percent for making grants under section 306C of
the Consolidated Farm and Rural Development Act (7 U.S.C.
1926c) to entities described in subsection (c) of that section.
(5) Indian health service.--Of that amount, the Secretary
of Health and Human Services, acting through the Director of
the Indian Health Service, shall use 3 percent for making
grants for the planning, design, construction, modernization,
improvement, and renovation of water, sewer, and solid waste
sanitation facilities that are funded, in whole or part, by the
Indian Health Service--
(A) through, or provided for in, a contract or
compact with the Indian Health Service under the Indian
Self-Determination and Education Assistance Act (25
U.S.C. 5301 et seq.);
(B) pursuant to section 7 of the Act of August 5,
1954 (68 Stat. 674, chapter 658; 42 U.S.C. 2004a); or
(C) pursuant to section 302 of the Indian Health
Care Improvement Act (25 U.S.C. 1632).
(d) Prohibition.--None of the funds allocated pursuant to
subsection (c) may be used for any activity described in paragraphs (1)
through (5) of section 203(a) of the Labor-Management Reporting and
Disclosure Act of 1959 (29 U.S.C. 433(a)).
SEC. 4. REPORT ON AFFORDABILITY, DISCRIMINATION AND CIVIL RIGHTS
VIOLATIONS, PUBLIC PARTICIPATION IN REGIONALIZATION, AND
DATA COLLECTION.
(a) Study.--
(1) In general.--The Administrator shall conduct a study on
water and sewer services in accordance with this subsection.
(2) Affordability.--In conducting the study under paragraph
(1), the Administrator shall study water affordability across
the United States, including--
(A) rates for water and sewer services, increases
in those rates during the 10-year period preceding the
study, and water service disconnections due to unpaid
water service charges; and
(B) the effectiveness of funding under section 1452
of the Safe Drinking Water Act (42 U.S.C. 300j-12) and
under title VI of the Federal Water Pollution Control
Act (33 U.S.C. 1381 et seq.) for promoting affordable,
equitable, transparent, and reliable water and sewer
service.
(3) Discrimination and civil rights.--In conducting the
study under paragraph (1), the Administrator, in collaboration
with the Civil Rights Division of the Department of Justice,
shall study--
(A) discriminatory practices of water and sewer
service providers;
(B) discriminatory practices of State program
administrators in allocating funding; and
(C) violations by those service providers and
program administrators that receive Federal assistance
of civil rights under title VI of the Civil Rights Act
of 1964 (42 U.S.C. 2000d et seq.) with respect to equal
access to water and sewer services.
(4) Public participation in regionalization.--In conducting
the study under paragraph (1), the Administrator shall evaluate
efforts to regionalize public water systems (as defined in
section 1401 of the Safe Water Drinking Act (42 U.S.C. 300f))
and sewer services with respect to public participation in--
(A) the decision to undergo that regionalization;
and
(B) decisionmaking by the board of directors (or
other governing body) of the entity that provides, or
oversees or coordinates the provision of, water by the
public water systems subject to such regionalization.
(5) Data collection.--In conducting the study under
paragraph (1), the Administrator shall collect information,
assess the availability of information, and evaluate the
methodologies used to collect information with respect to--
(A) people living without water or sewer services;
(B) water service disconnections due to unpaid
water service charges, including disconnections
experienced by households containing children, elderly
persons, disabled persons, chronically ill persons, or
other vulnerable populations;
(C) tax liens and foreclosures due to unpaid water
service charges; and
(D) disparate effects, on the basis of race,
gender, or socioeconomic status, of water service
disconnections, tax liens and foreclosures due to
unpaid water service charges, and the lack of public
water service.
(b) Report.--Not later than 1 year after the date of enactment of
this Act, the Administrator shall submit to Congress a report that
contains--
(1) the results of the study conducted under subsection
(a)(1); and
(2) recommendations for utility companies, Federal
agencies, and States relating to those results.
SEC. 5. HOUSEHOLD WATER WELL SYSTEMS.
Section 306E(d) of the Consolidated Farm and Rural Development Act
(7 U.S.C. 1926e(d)) is amended by striking ``$20,000,000 for each of
fiscal years 2019 through 2023'' and inserting ``$348,500,000 for each
fiscal year''.
SEC. 6. USE OF STATE REVOLVING FUNDS UNDER THE FEDERAL WATER POLLUTION
CONTROL ACT.
(a) Specific Requirements.--Section 602(b) of the Federal Water
Pollution Control Act (33 U.S.C. 1382(b)) is amended--
(1) in paragraph (2), by striking ``which will be made to
the State with funds to be made available'' and inserting
``that were made to the State with funds made available for
fiscal year 2021'';
(2) in paragraph (13)(B)(iii), by striking ``and'' at the
end;
(3) in paragraph (14), by striking the period at the end
and inserting a semicolon; and
(4) by adding at the end the following:
``(15) the State will not provide financial assistance
using amounts from the fund for any project that will provide
substantial direct benefits to new communities, lots, or
subdivisions, other than a project to construct an advanced
decentralized wastewater system; and''.
(b) Projects and Activities Eligible for Assistance.--Section
603(c) of the Federal Water Pollution Control Act (33 U.S.C. 1383(c))
is amended--
(1) in paragraph (11)(B), by striking ``and'' at the end;
(2) in paragraph (12)(B), by striking the period at the end
and inserting ``; and''; and
(3) by adding at the end the following:
``(13) to any municipality or intermunicipal, interstate,
or State agency for--
``(A) purchasing from a willing or unwilling seller
a privately owned treatment works; and
``(B) expenses related to canceling a contract for
the operation or management of a publicly owned
treatment works.''.
(c) Increasing the Amount of Additional Subsidization by the
State.--Section 603(i)(3) of the Federal Water Pollution Control Act
(33 U.S.C. 1383(i)(3)) is amended by striking subparagraph (B) and
inserting the following:
``(B) Requirement.--To the extent that there are
sufficient applications, a State shall use not less
than 50 percent of the total amount received by the
State in capitalization grants under this title for a
fiscal year for providing additional subsidization
under this subsection.''.
SEC. 7. USE OF STATE REVOLVING LOAN FUNDS UNDER THE SAFE DRINKING WATER
ACT.
Section 1452 of the Safe Drinking Water Act (42 U.S.C. 300j-12) is
amended--
(1) in subsection (a)--
(A) in paragraph (2)--
(i) in subparagraph (A), by inserting
``publicly owned, operated, and managed''
before ``community water systems''; and
(ii) by striking subparagraph (E) and
inserting the following:
``(E) Acquisition of privately owned community
water systems.--The funds under this section may be
used--
``(i) to purchase from a willing or
unwilling seller a privately owned community
water system; and
``(ii) for expenses related to canceling a
contract for the operation or management of a
community water system.''; and
(B) by adding at the end the following:
``(6) Exception to public ownership, operation, and
management requirement.--Notwithstanding paragraph (2)(A),
public water systems that regularly serve fewer than 10,000
persons and which are not owned, operated, or managed by any
person who owns, operates, or manages any other public water
system may receive assistance under this section.'';
(2) in subsection (d), by striking paragraph (2) and
inserting the following:
``(2) Requirement.--To the extent that there are sufficient
applications for loans to communities described in paragraph
(1), of the amount of the capitalization grant received by a
State in a fiscal year, the total amount of loan subsidies made
by the State in the fiscal year pursuant to paragraph (1) may
not be less than 50 percent.'';
(3) in subsection (e), by striking ``to be made to the
State'' and inserting ``that was made to the State in fiscal
year 2021'';
(4) in subsection (g)(3)--
(A) by redesignating subparagraphs (A) through (C)
as clauses (i) through (iii), respectively, and
indenting appropriately;
(B) in the undesignated matter following clause
(iii) (as so redesignated), by striking ``The guidance
and regulations shall also'' and inserting the
following:
``(B) Generally accepted accounting standards.--The
guidance and regulations required under subparagraph
(A) shall'';
(C) in the matter preceding clause (i) (as so
redesignated), by striking ``The Administrator'' and
inserting the following:
``(A) In general.--The Administrator''; and
(D) in subparagraph (A) (as so designated)--
(i) in clause (ii) (as so redesignated), by
striking ``and'' at the end;
(ii) in clause (iii) (as so redesignated),
by striking the period at the end and inserting
``; and''; and
(iii) by inserting after clause (iii) the
following:
``(iv) guidance to ensure affordable,
equitable, transparent and reliable water
service provision, to provide protections for
households facing service disconnection due to
unpaid water service charges, and to promote
universal equal access to water services.'';
and
(5) in subsection (k)(1), by adding at the end the
following:
``(E) Provide assistance in the form of a grant to
owners of private property on which a lead service line
(as defined in section 1459B(a)) is or may be located,
for the purpose of replacing the lead service line with
a service line that is lead free (as defined in section
1417(d)).
``(F) Provide assistance to a publicly owned,
operated, and managed community water system for the
purpose of updating treatment plants or switching water
sources due to contamination from a perfluoroalkyl or
polyfluoroalkyl substance (as defined by the State in
which the community water system is located).
``(G) Provide assistance in the form of a grant to
owners of a household water well that has been
contaminated by a perfluoroalkyl or polyfluoroalkyl
substance (as defined by the State in which the
household well is located) for the purpose of
purchasing and installing a household filtration
system.''.
SEC. 8. DRINKING WATER GRANT PROGRAMS.
(a) School Drinking Water Improvement.--Section 1465 of the Safe
Drinking Water Act (42 U.S.C. 300j-25) is amended--
(1) in the section heading, by striking ``fountain'' and
inserting ``infrastructure'';
(2) in subsection (a), by striking ``fountains manufactured
prior to 1988'' and inserting ``infrastructure'';
(3) by striking subsection (b) and inserting the following:
``(b) Use of Funds.--Funds awarded under the grant program may be
used to pay costs associated with--
``(1) installing, repairing, or replacing the
infrastructure necessary to ensure that drinking water
fountains, drinking water coolers, and bottle filling stations
at schools are lead free (as defined in section 1417(d)); and
``(2) monitoring and reporting of lead levels in the
drinking water of schools, as determined appropriate by the
Administrator.''; and
(4) in subsection (d)--
(A) by striking ``$5,000,000'' and inserting
``$1,050,000,000''; and
(B) by striking ``2019 through 2021'' and inserting
``2024 and 2025''.
(b) Tribal Drinking Water.--Section 1452(i)(1) of the Safe Drinking
Water Act (42 U.S.C. 300j-12(i)(1)) is amended, in the first sentence--
(1) by striking ``1 1/2'' and inserting ``3''; and
(2) by striking ``may'' and inserting ``shall''.
SEC. 9. LABOR PROVISIONS.
(a) Prevailing Rate of Wage.--Nothing in this Act or an amendment
made by this Act shall affect the applicability of the requirements
relating to labor standards of sections 513 and 602(b)(6) of the
Federal Water Pollution Control Act (33 U.S.C. 1372, 1382(b)(6)) and
section 1450(e) of the Safe Drinking Water Act (42 U.S.C. 300j-9(e)) to
projects carried out under those Acts.
(b) Project Labor Agreements.--
(1) Clean water revolving funds.--Section 602(b) of the
Federal Water Pollution Control Act (33 U.S.C. 1382(b)) (as
amended by section 6(a)), is amended by adding at the end the
following:
``(16) the State will--
``(A) permit recipients of assistance under this
title to enter into agreements authorized under section
8(f) of the National Labor Relations Act (29 U.S.C.
158(f)) (commonly known as `project labor agreements')
with respect to projects for building or construction
carried out with that assistance; and
``(B) ensure that, to the maximum extent
practicable, recipients of assistance under this title
carry out those projects through the use of those
agreements.''.
(2) Drinking water revolving funds.--Section 1452 of the
Safe Drinking Water Act (42 U.S.C. 300j-12) is amended--
(A) in subsection (a) (as amended by section
7(1)(B)), by adding at the end the following:
``(7) Project labor agreements.--Each agreement under this
subsection shall require that the State permit recipients of
assistance under this section to enter into agreements
authorized under section 8(f) of the National Labor Relations
Act (29 U.S.C. 158(f)) (commonly known as `project labor
agreements') with respect to projects for building or
construction carried out with that assistance.''; and
(B) in subsection (b)(3)(A)--
(i) in clause (ii), by striking ``and'' at
the end;
(ii) in clause (iii), by striking the
period at the end and inserting ``; and''; and
(iii) by adding at the end the following:
``(iv) with respect to projects for
building or construction, will be carried out
through the use of agreements authorized under
section 8(f) of the National Labor Relations
Act (29 U.S.C. 158(f)) (commonly known as
`project labor agreements').''.
SEC. 10. DRINKING WATER ASSISTANCE TO COLONIAS.
Section 1456 of the Safe Drinking Water Act (42 U.S.C. 300j-16) is
amended--
(1) in subsection (a)--
(A) by redesignating paragraph (2) as paragraph
(3); and
(B) by inserting after paragraph (1) the following:
``(2) Covered entity.--The term `covered entity' means each
of the following:
``(A) A border State.
``(B) A local government with jurisdiction over an
eligible community.'';
(2) in subsection (b)--
(A) by striking ``of the Environmental Protection
Agency''; and
(B) by striking ``border State'' and inserting
``covered entity'';
(3) by striking subsection (d);
(4) by redesignating subsection (e) as subsection (d); and
(5) in subsection (d) (as so redesignated)--
(A) by striking ``$25,000,000'' and inserting
``$100,000,000''; and
(B) by striking ``1997 through 1999'' and inserting
``2023 through 2027''.
<all>
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118S939
|
Securing Maritime Data from Communist China Act of 2023
|
[
[
"C001095",
"Sen. Cotton, Tom [R-AR]",
"sponsor"
],
[
"K000377",
"Sen. Kelly, Mark [D-AZ]",
"cosponsor"
]
] |
<html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 939 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 939
To counter the spread of the LOGINK logistics information platform, and
for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
March 22, 2023
Mr. Cotton introduced the following bill; which was read twice and
referred to the Committee on Foreign Relations
_______________________________________________________________________
A BILL
To counter the spread of the LOGINK logistics information platform, and
for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Securing Maritime Data from
Communist China Act of 2023''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Appropriate congressional committees defined.--The term
``appropriate congressional committees'' means--
(A) the Committee on Armed Services, the Committee
on Foreign Relations, the Committee on Homeland
Security and Governmental Affairs, and the Committee on
Finance of the Senate; and
(B) the Committee on Armed Services, the Committee
on Foreign Affairs, the Committee on Homeland Security,
and the Committee on Ways and Means of the House of
Representatives.
(2) LOGINK.--The term ``LOGINK'' means the public, open,
shared logistics information network known as the National
Public Information Platform for Transportation and Logistics by
the Ministry of Transport of the People's Republic of China.
(3) Critical infrastructure.--The term ``critical
infrastructure'' has the meaning given the term in section
721(a) of the Defense Production Act of 1950 (50 U.S.C.
4565(a)).
SEC. 3. COUNTERING THE SPREAD OF LOGINK.
(a) Prohibitions.--
(1) Contracting prohibition.--
(A) In general.--The Department of Defense may not
enter into or renew any contract with any entity that
uses--
(i) LOGINK;
(ii) any logistics platform controlled by,
affiliated with, or subject to the jurisdiction
of the Chinese Communist Party or the
Government of the People's Republic of China;
or
(iii) any logistics platform that shares
data with a system described in clause (i) or
(ii).
(B) Applicability.--Subparagraph (A) applies with
respect to any contract entered into or renewed on or
after the date that is 2 years after the date of the
enactment of this Act.
(2) Ports and critical infrastructure ban.--
(A) In general.--Beginning on the date that is 2
years after the date of the enactment of this Act, the
President shall--
(i) prohibit any entity which owns or
operates a port in the United States from using
or sharing data with a system described in
clauses (i) and (ii) of paragraph (1)(A); and
(ii) prohibit any entity which owns or
operates other critical infrastructure in the
United States, as the President considers
appropriate, from using or sharing data with a
system described in such clauses.
(B) Implementation; penalties.--
(i) Implementation.--The President may
exercise the authorities provided to the
President under sections 203 and 205 of the
International Emergency Economic Powers Act (50
U.S.C. 1702 and 1704) to the extent necessary
to carry out this paragraph.
(ii) Penalties.--A person that violates,
attempts to violate, conspires to violate, or
causes a violation of a prohibition described
in subparagraph (A) or any regulation, license,
or order issued to carry out that subparagraph
shall be subject to the penalties set forth in
subsections (b) and (c) of section 206 of the
International Emergency Economic Powers Act (50
U.S.C. 1705) to the same extent as a person
that commits an unlawful act described in
subsection (a) of that section.
(b) Negotiations With Allies and Partners.--
(1) Negotiations required.--The President shall enter into
negotiations with United States allies and partners, including
those described in paragraph (3), if the President determines
that ports or other entities operating within the jurisdiction
of such allies and partners are using an entity described in
subsection (a)(1)(A).
(2) Elements.--As part of the negotiations described in
paragraph (1), the President shall--
(A) urge governments to require entities within
their countries to terminate their use of LOGINK and
other platforms described in subsection (a)(1)(A);
(B) describe the threats posed by LOGINK and other
platforms described in subsection (a)(1)(A) to United
States military and strategic interests and the
implications this threat may have for the presence of
United States military forces in such countries;
(C) urge governments to cooperate with the United
States to counter attempts by the People's Republic of
China at international standards-setting bodies to
spread LOGINK and other platforms described in
subsection (a)(1)(A); and
(D) attempt to establish through multilateral
entities, bilateral or multilateral trade negotiations,
military cooperation, and other relevant engagements or
agreements a prohibition on the use of LOGINK and other
platforms described in subsection (a)(1)(A).
(3) Allies and partners.--The countries and entities with
which the President shall conduct the negotiations described in
this subsection include, but are not limited to--
(A) Japan;
(B) The Republic of Korea;
(C) The Philippines;
(D) Australia;
(E) North Atlantic Treaty Organization members; and
(F) European Union members.
SEC. 4. REPORT.
Not later than one year after the date of the enactment of this
Act, the President shall submit a report to the appropriate
congressional committees describing--
(1) the efforts made by the United States Government thus
far in the negotiations described in section 3(b), including
whether the United States Government has raised such
negotiations in multilateral trade and technology discussions
and negotiations;
(2) the actions taken by the governments of allies and
partners pursuant to the negotiation priorities described in
section 3(b);
(3) the possible effects that the contracting prohibition
under section 3(a)(1) and the port and other critical
infrastructure prohibition under section 3(a)(2) may have on
United States military operations; and
(4) the possible effects that the port and other critical
infrastructure prohibition under section 3(a)(2) may have on
the commercial operations of United States ports and other
critical infrastructure.
<all>
</pre></body></html>
|
[
"International Affairs"
] |
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|
118S94
|
Investing in State Energy Act of 2023
|
[
[
"S001181",
"Sen. Shaheen, Jeanne [D-NH]",
"sponsor"
],
[
"C001035",
"Sen. Collins, Susan M. [R-ME]",
"cosponsor"
],
[
"C001088",
"Sen. Coons, Christopher A. [D-DE]",
"cosponsor"
],
[
"R000122",
"Sen. Reed, Jack [D-RI]",
"cosponsor"
]
] |
<p><b>Investing in State Energy Act of 2023</b></p> <p>This bill revises requirements concerning the distribution of funds under the Weatherization Assistance Program (WAP) and the State Energy Program (SEP) to state agencies and local partners that implement energy initiatives. Under WAP, the Department of Energy (DOE) reduces energy costs for low-income households by increasing the energy efficiency of their homes. Under SEP, DOE supports state energy conservation plans and energy security.</p> <p>This bill requires DOE, upon receiving state or area plans under WAP or SEP, to distribute funds to the recipients of the funding as quickly as practicable.</p> <p>Within 60 days of Congress making the funds available for WAP and SEP, DOE must (1) provide application guidance for financial assistance, and (2) publish the allocation of financial assistance to be provided to states under the programs.</p>
|
<html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 94 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 94
To require certain information and financial assistance under the State
energy program and the Weatherization Assistance Program to be
distributed without undue delay to support State and local high-impact
energy efficiency and renewable energy initiatives, and for other
purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
January 26, 2023
Mrs. Shaheen (for herself, Ms. Collins, Mr. Coons, and Mr. Reed)
introduced the following bill; which was read twice and referred to the
Committee on Energy and Natural Resources
_______________________________________________________________________
A BILL
To require certain information and financial assistance under the State
energy program and the Weatherization Assistance Program to be
distributed without undue delay to support State and local high-impact
energy efficiency and renewable energy initiatives, and for other
purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Investing in State Energy Act of
2023''.
SEC. 2. TIMING FOR DISTRIBUTION OF CERTAIN INFORMATION AND FINANCIAL
ASSISTANCE UNDER THE WEATHERIZATION ASSISTANCE PROGRAM
AND THE STATE ENERGY PROGRAM.
(a) Timing for Distribution of Certain Information and Financial
Assistance Under the Weatherization Assistance Program.--Section 417 of
the Energy Conservation and Production Act (42 U.S.C. 6867) is
amended--
(1) in subsection (d), by striking the subsection
designation and all that follows through ``Payments'' and
inserting the following:
``(d) Method and Timing of Payments.--
``(1) In general.--Payments''; and
(2) by adding at the end the following:
``(2) Timing.--On receipt of a plan adopted pursuant to
section 415(b), the Secretary shall distribute funds to the
State, Indian Tribe, or other direct recipient to which the
plan applies as quickly as practicable.
``(e) Distribution of Information.--Not later than 60 days after
the date on which funds have been made available to provide assistance
under this part, the Secretary shall--
``(1) release application guidance to States, Indian
Tribes, and other direct recipients of assistance under this
part; and
``(2) publish the allocation of assistance to be provided
to States, Indian Tribes, and other direct recipients of
assistance under this part in accordance with the applicable
distribution formula for the fiscal year.''.
(b) Timing for Distribution of Certain Information and Financial
Assistance Under the State Energy Program.--Section 363 of the Energy
Policy and Conservation Act (42 U.S.C. 6323) is amended by adding at
the end the following:
``(f) Distribution of Information.--Not later than 60 days after
the date on which funds have been made available to provide financial
assistance under this section, the Secretary shall--
``(1) release application guidance for financial assistance
for energy conservation plans under this section; and
``(2) publish the allocation of assistance to be provided
to States under this section in accordance with the applicable
distribution formula for the fiscal year, including pursuant to
subsection (b).
``(g) Timing of Payments.--On receipt of a State energy
conservation plan submitted under section 362, the Secretary shall
distribute funds to a State as quickly as practicable.''.
<all>
</pre></body></html>
|
[
"Energy"
] |
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|
118S940
|
Rural America Health Corps Act
|
[
[
"B001243",
"Sen. Blackburn, Marsha [R-TN]",
"sponsor"
],
[
"D000563",
"Sen. Durbin, Richard J. [D-IL]",
"cosponsor"
],
[
"C001047",
"Sen. Capito, Shelley Moore [R-WV]",
"cosponsor"
],
[
"R000608",
"Sen. Rosen, Jacky [D-NV]",
"cosponsor"
],
[
"S001203",
"Sen. Smith, Tina [D-MN]",
"cosponsor"
],
[
"M001153",
"Sen. Murkowski, Lisa [R-AK]",
"cosponsor"
]
] |
<p><strong>Rural America Health Corps Act</strong></p> <p>This bill establishes a student loan repayment demonstration program for eligible providers who agree to work for five years in a rural area with a shortage of primary, dental, or mental health care providers. For each year of this service, the Department of Health and Human Services must pay one-fifth of the principal and interest on a provider's qualifying loans. Total payments to a provider may not exceed $200,000.</p>
|
<html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 940 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 940
To establish a demonstration program to provide payments on eligible
loans for individuals who are eligible for the National Health Service
Corps Loan Repayment Program.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
March 22, 2023
Mrs. Blackburn (for herself, Mr. Durbin, Mrs. Capito, Ms. Rosen, Ms.
Smith, and Ms. Murkowski) introduced the following bill; which was read
twice and referred to the Committee on Health, Education, Labor, and
Pensions
_______________________________________________________________________
A BILL
To establish a demonstration program to provide payments on eligible
loans for individuals who are eligible for the National Health Service
Corps Loan Repayment 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 ``Rural America Health Corps Act''.
SEC. 2. NATIONAL HEALTH SERVICE CORPS RURAL PROVIDER LOAN REPAYMENT
DEMONSTRATION PROGRAM.
(a) In General.--
(1) Establishment.--The Secretary of Health and Human
Services (referred to in this section as the ``Secretary'')
shall establish a demonstration program to provide payments on
the principal of and interest on any eligible loan for eligible
individuals described in paragraph (2).
(2) Eligible individuals.--To be eligible for payments
under the program under this section, an individual shall--
(A) be eligible to participate in the Loan
Repayment Program under section 338B of the Public
Health Service Act (42 U.S.C. 254l-1), but not be
participating in such Loan Repayment Program; and
(B) agree to the requirements described in
subsection (b)(1).
(b) Procedure.--
(1) Requirements.--To be eligible to receive assistance
under this section, an eligible individual shall--
(A) comply with all rules and requirements
described in section 338B of the Public Health Service
Act (42 U.S.C. 254l-1), except for the period of
obligated service described in subsection (f)(1)(B)(iv)
of such section and as provided in paragraphs (2) and
(3) of this subsection; and
(B) agree to a period of obligated service of 5
years of full-time employment in a health professional
shortage area that is a rural area.
(2) Payments.--
(A) Service in a rural area.--The Secretary shall
pay--
(i) for each year of obligated service by
an individual pursuant to an agreement under
this section, \1/5\ of the principal of and
interest on each eligible loan, as determined
by the Secretary, which is outstanding on the
date the individual began service pursuant to
the agreement; and
(ii) for completion of the fifth and final
year of such service, the remainder of such
principal and interest.
(B) Maximum amount.--The total amount of payments
under this section to any individual shall not exceed
$200,000.
(3) Breach.--
(A) 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 this section.
(B) Limitation.--The failure by an individual to
complete the full period of service obligated pursuant
to such an agreement, taken alone, shall not constitute
a breach of such agreement, so long as the individual
completed in good faith the years of service for which
payments were made to the individual under this
section.
(4) Applicability of loan repayment program provisions.--
Except as otherwise provided in this section, all provisions in
subparts II and III of title III of the Public Health Service
Act (42 U.S.C. 241 et seq.) pertaining to the administration
of, and other requirements with respect to, the Loan Repayment
Program described in section 338B of such Act (42 U.S.C. 254l-
1) shall apply to the demonstration program under this section.
(c) Designations.--The demonstration program under this section,
and any providers who are selected to participate in such program,
shall not be considered by the Secretary in the designation of health
professional shortage areas under section 332 of the Public Health
Service Act (42 U.S.C. 254e) during fiscal years 2022 through 2026.
(d) Report.--Not later than 5 years after the date of enactment of
this Act, the Secretary shall submit to the Committee on Health,
Education, Labor, and Pensions of the Senate and the Committee on
Energy and Commerce of the House of Representatives a report that
evaluates the demonstration program established under this section,
including the effects of such program on health care access in rural
areas.
(e) Health Professional Shortage Area.--In this section, the term
``health professional shortage area'' has the meaning given such term
in section 332 of the Public Health Service Act (42 U.S.C. 254e).
(f) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section, $50,000,000 for each of fiscal
years 2024 through 2028.
<all>
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118S941
|
Removing Section 230 Immunity for Official Accounts of Censoring Foreign Adversaries Act
|
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]
] |
<html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 941 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 941
To remove immunity protections from social media platforms which host
accounts of censoring foreign adversaries, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
March 22, 2023
Mr. Rubio (for himself and Mr. Braun) introduced the following bill;
which was read twice and referred to the Committee on Commerce,
Science, and Transportation
_______________________________________________________________________
A BILL
To remove immunity protections from social media platforms which host
accounts of censoring 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 ``Removing Section 230 Immunity for
Official Accounts of Censoring Foreign Adversaries Act''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Censoring foreign adversary.--The term ``censoring
foreign adversary'' means an adversarial foreign government
that--
(A) restricts access to covered social media
platforms; and
(B) is designated as a censoring foreign adversary
pursuant to section 3.
(2) Covered, verified, or other authentic account.--The
term ``covered, verified, or other authentic account'' means
any account on a covered social media platform that--
(A) is under the control or working on behalf of--
(i) a government agency, department,
ministry, or institution of a censoring foreign
adversary;
(ii) a government official of a censoring
foreign adversary, including heads of state,
elected officials, appointed ministers,
ambassadors, and official spokespersons; or
(iii) a company, or the employees of a
company, that--
(I) is directly or indirectly owned
by a censoring foreign adversary;
(II) is controlled by a censoring
foreign adversary that has the
authority to decide important matters
with respect to such company; or
(III) has, as a shareholder holding
at least 10 percent of the outstanding
voting stock or shares of the company,
a censoring foreign adversary; and
(B)(i) displays a badge, check mark, or other
public-facing identification tool that--
(I) is issued by the platform; and
(II) is used to indicate the authenticity,
validity, or verification of the person,
organization, government, or other entity,
represented by the account; or
(ii) has more than 500,000 followers.
(3) Covered social media platform.--The term ``covered
social media platform''--
(A) means an Internet website, application, or
platform that--
(i) is open to the public;
(ii) allows citizens from any country to
create an account on, register for, and enjoy
as a user, such website, application, or
platform;
(iii) enables users to communicate with
other users for the primary purpose of posting
information, comments, messages, or images;
(iv) has more than 50,000,000 active users
in the United States in a calendar month; and
(v) is headquartered, or has its principal
place of business, in the United States; and
(B) does not include--
(i) electronic mail; or
(ii) an online service, application, or
website--
(I) that consists primarily of
news, sports, entertainment, or other
information or content that is not user
generated, but is preselected by the
provider; and
(II) for which any chat, comments,
or interactive functionality is
incidental to, directly related to, or
dependent on the provision of the
content described in subparagraph (I).
(4) Follower.--The term ``follower'' means an account that
has taken any action to subscribe to another account's content,
updates, or posts.
(5) User.--The term ``user'' means a person or entity who
posts, uploads, transmits, shares, or otherwise publishes or
receives content through a social media platform.
SEC. 3. DESIGNATED CENSORING FOREIGN ADVERSARIES.
The Secretary of State shall compile a list of censoring foreign
adversaries, which shall include--
(1) the Government of the People's Republic of China;
(2) the Government of the Russian Federation;
(3) the Government of the Democratic People's Republic of
Korea;
(4) the Government of the Islamic Republic of Iran;
(5) the Government of the Republic of Cuba;
(6) the Government of the Syrian Arab Republic; and
(7) the regime of Nicolas Maduro in Venezuela.
SEC. 4. LIABILITY PROTECTION.
(a) In General.--Covered social media platforms that knowingly
host, distribute, or actively display a covered, verified, or other
authentic account of a censoring foreign adversary shall not receive
any protection under section 230 of the Communications Act of 1934 (47
U.S.C. 230) for content shared, edited, or created by such account.
(b) Clarification.--For purposes of subsection (a), a covered
social media platform is deemed to have knowledge with respect to any
content shared, edited, or created by a covered, verified, or other
authentic account that meets the requirements described in section
2(2)(B)(i).
<all>
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118S942
|
A bill to create a point of order against legislation modifying the number of Justices of the Supreme Court of the United States.
|
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"sponsor"
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"B001236",
"Sen. Boozman, John [R-AR]",
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<html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 942 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 942
To create a point of order against legislation modifying the number of
Justices of the Supreme Court of the United States.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
March 22, 2023
Mr. Cruz (for himself, Mr. Marshall, Mr. Hagerty, Mr. Grassley, Mr.
Lee, Mr. Brown, Mr. Young, and Mr. Schmitt) introduced the following
bill; which was read twice and referred to the Committee on Rules and
Administration
_______________________________________________________________________
A BILL
To create a point of order against legislation modifying the number of
Justices of the Supreme Court of the United States.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. POINT OF ORDER AGAINST LEGISLATION MODIFYING THE NUMBER OF
JUSTICES OF THE SUPREME COURT OF THE UNITED STATES.
(a) Point of Order.--
(1) In general.--In the Senate, it shall not be in order to
consider a provision in a bill, joint resolution, motion,
amendment, amendment between the Houses, or conference report
amending section 1 of title 28, United States Code, to modify,
or that otherwise modifies, the total number of Justices of the
Supreme Court of the United States.
(2) Point of order sustained.--If a point of order is made
by a Senator against a provision described in paragraph (1),
and the point of order is sustained by the Chair, that
provision shall be stricken from the measure and may not be
offered as an amendment from the floor.
(b) Conference Reports.--When the Senate is considering a
conference report on, or an amendment between the Houses in relation
to, a bill or joint resolution, upon a point of order being made by any
Senator pursuant to subsection (a)(1), and such point of order being
sustained, such material contained in such conference report or House
amendment shall be stricken, and the Senate shall proceed to consider
the question of whether the Senate shall recede from its amendment and
concur with a further amendment, or concur in the House amendment with
a further amendment, as the case may be, which further amendment shall
consist of only that portion of the conference report or House
amendment, as the case may be, not so stricken. Any such motion in the
Senate shall be debatable. In any case in which such point of order is
sustained against a conference report (or Senate amendment derived from
such conference report by operation of this subsection), no further
amendment shall be in order.
(c) Supermajority Waiver and Appeal.--In the Senate, this section
may be waived or suspended only by an affirmative vote of two-thirds of
the Members, duly chosen and sworn. An affirmative vote of two-thirds
of Members of the Senate, duly chosen and sworn shall be required to
sustain an appeal of the ruling of the Chair on a point of order raised
under this section.
<all>
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118S943
|
Small Business Disaster Damage Fairness Act of 2023
|
[
[
"K000393",
"Sen. Kennedy, John [R-LA]",
"sponsor"
]
] |
<html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 943 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 943
To increase the minimum disaster loan amount for which the Small
Business Administration may require collateral, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
March 22, 2023
Mr. Kennedy introduced the following bill; which was read twice and
referred to the Committee on Small Business and Entrepreneurship
_______________________________________________________________________
A BILL
To increase the minimum disaster loan amount for which the Small
Business Administration may require collateral, and for other 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 Disaster Damage
Fairness Act of 2023''.
SEC. 2. COLLATERAL REQUIREMENTS FOR DISASTER LOANS.
Section 7(d)(6) of the Small Business Act (15 U.S.C. 636(d)(6)) is
amended in the third proviso--
(1) by striking ``$14,000'' and inserting ``$25,000''; and
(2) by striking ``major disaster'' and inserting
``disaster''.
<all>
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118S944
|
Next Generation Fuels Act of 2023
|
[
[
"G000386",
"Sen. Grassley, Chuck [R-IA]",
"sponsor"
],
[
"K000367",
"Sen. Klobuchar, Amy [D-MN]",
"cosponsor"
],
[
"E000295",
"Sen. Ernst, Joni [R-IA]",
"cosponsor"
],
[
"D000622",
"Sen. Duckworth, Tammy [D-IL]",
"cosponsor"
],
[
"D000563",
"Sen. Durbin, Richard J. [D-IL]",
"cosponsor"
]
] |
<html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 944 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 944
To promote low-carbon, high-octane fuels, to protect public health, and
to improve vehicle efficiency and performance, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
March 22, 2023
Mr. Grassley (for himself, Ms. Klobuchar, Ms. Ernst, and Ms. Duckworth)
introduced the following bill; which was read twice and referred to the
Committee on Environment and Public Works
_______________________________________________________________________
A BILL
To promote low-carbon, high-octane fuels, to protect public health, and
to improve vehicle efficiency and performance, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Next Generation Fuels Act of 2023''.
SEC. 2. FINDINGS.
Congress finds that--
(1) continued increases in new automobile efficiency are
needed to improve consumer welfare and reduce carbon emissions;
(2) the widespread availability of low-carbon, high-octane
fuel will allow continued cost-effective improvements in
automobile efficiency by enabling increased engine compression
ratios;
(3) high-octane automobiles and low-carbon fuels are
readily available to consumers at little incremental cost;
(4) ethanol is a cost-effective and low-carbon octane
enhancer;
(5) the widespread adoption of climate-smart practices and
precision technologies by United States corn producers over the
past decade have further reduced the carbon intensity of
conventional ethanol;
(6) on average, ethanol has been estimated to have
lifecycle greenhouse gas emissions that are 46 percent lower
than average gasoline, with some corn ethanol achieving a 61-
percent reduction compared to gasoline; and
(7) ethanol has one of the highest blending octane values
available in the marketplace.
SEC. 3. HIGH-OCTANE VEHICLES.
Title II of the Clean Air Act (42 U.S.C. 7521 et seq.) is amended
by adding at the end the following:
``PART D--HIGH-OCTANE VEHICLES
``SEC. 261. DEFINITIONS; APPLICABILITY.
``(a) Definitions.--In this part:
``(1) Automobile.--The term `automobile' has the meaning
given to the term in section 32901(a)(3) of title 49, United
States Code.
``(2) Manufacturer.--The term `manufacturer' has the
meaning given the term in section 216.
``(3) Research octane number.--The term `research octane
number' has the meaning given the term in section 201 of the
Petroleum Marketing Practices Act (15 U.S.C. 2821).
``(b) Applicability.--This part applies with respect to any motor
vehicle that is introduced into commerce that--
``(1) is an automobile;
``(2) uses gasoline for propulsion or any other operation
of the motor vehicle, including the engine thereof; and
``(3) is a model year 2028 or later motor vehicle.
``SEC. 262. HIGH-OCTANE TEST FUELS.
``(a) E20 Certification Fuel.--Except as provided in subsections
(b) and (c), manufacturers producing motor vehicles described in
section 261(b) shall use a test fuel consisting of gasoline and 19.4 to
20 volume percent ethanol with a minimum 95 research octane number in--
``(1) emissions testing and certification under section
206(a); and
``(2) fuel economy testing and calculation procedures under
section 32904(c) of title 49, United States Code.
``(b) E25 to E30 Certification Fuel.--As an alternative to the test
fuel described in subsection (a), manufacturers producing motor
vehicles described in section 261(b) may use a test fuel consisting of
gasoline and 24.3 to 30 volume percent ethanol with a minimum 98
research octane number in--
``(1) emissions testing and certification under section
206(a); and
``(2) fuel economy testing and calculation procedures under
section 32904(c) of title 49, United States Code.
``(c) Model Year 2033 and Later Model Years.--Notwithstanding
subsections (a) and (b), beginning in model year 2033, manufacturers of
motor vehicles described in section 261(b) shall use the gasoline test
fuel described in subsection (b) in--
``(1) emissions testing and certification under section
206(a); and
``(2) fuel economy testing and calculation procedures under
section 32904(c) of title 49, United States Code.
``(d) Formulation.--The test fuels described in subsections (a) and
(b) shall be produced by adding neat or denatured fuel ethanol to the
gasoline criteria emissions test fuel required for use in model year
2022 and later motor vehicles.
``(e) Test Fuel Equations.--For purposes of--
``(1) testing and calculation procedures under section
206(a), the emissions of motor vehicles using the test fuels
described in subsection (a) or (b) shall be based exclusively
on actual measured emissions; and
``(2) fuel economy testing and calculation procedures under
section 32904(c) of title 49, United States Code, the fuel
economy of motor vehicles using the test fuels described in
subsection (a) or (b) shall be determined on an energy-
equivalent basis, which shall be equal to the product obtained
by multiplying--
``(A) the measured fuel economy; and
``(B) the quotient obtained by dividing--
``(i) 114,086 British thermal units per
gallon; by
``(ii) the volumetric energy density of the
test fuel.
``SEC. 263. HIGH-OCTANE VEHICLES.
``(a) Warranty Requirements.--Manufacturers of motor vehicles
described in section 261(b) shall warrant to the ultimate purchaser and
each subsequent purchaser that each such motor vehicle is designed--
``(1) for model years 2028 through 2032--
``(A) to operate with gasoline containing 10 and up
to and including 25 percent ethanol by volume; and
``(B) to meet the design requirements under
subsection (b)(1); and
``(2) for model year 2033 and later model years--
``(A) to operate with gasoline containing 10 and up
to and including 30 percent ethanol by volume; and
``(B) to meet the design requirements under
subsections (b)(1) and (c)(1).
``(b) Design Requirements Before Model Year 2033.--
``(1) Manufacturers.--The manufacturer of a motor vehicle
described in section 261(b) shall design each such motor
vehicle--
``(A) to use gasoline with a 95 research octane
number or higher; and
``(B) to incorporate such devices or elements of
design (including physical or other barriers, devices,
or technological systems) as are determined by the
Administrator to be--
``(i) necessary to prevent the introduction
of gasoline with a research octane number that
is lower than 95 into that motor vehicle; and
``(ii) technically and economically
feasible.
``(2) Fuel retailers.--Any fuel retailer selling gasoline
for use in a motor vehicle described in section 261(b) shall
incorporate into the dispensing equipment of the fuel retailer
such devices or elements of design (including physical or other
barriers, devices, or technological systems) as are determined
by the Administrator to be--
``(A) necessary to ensure compatibility with the
motor vehicle design requirements under paragraph (1);
and
``(B) technically and economically feasible.
``(c) Design Requirements for Model Year 2033.--
``(1) Manufacturers.--Subject to paragraph (3)(B),
beginning in model year 2033, the manufacturer of a motor
vehicle described in section 261(b) shall design each such
motor vehicle--
``(A) to use gasoline with a 98 research octane
number or higher; and
``(B) to incorporate such devices or elements of
design (including physical or other barriers, devices,
or technological systems) as are determined by the
Administrator to be--
``(i) necessary to prevent the introduction
of gasoline with a research octane number that
is lower than 98 into that motor vehicle; and
``(ii) technically and economically
feasible.
``(2) Fuel retailer.--Subject to paragraph (3)(B), any fuel
retailer selling gasoline for use in a motor vehicle described
in section 261(b) that is model year 2033 or later shall
incorporate into the dispensing equipment of the fuel retailer
such devices or elements of design (including physical or other
barriers, devices, or technological systems) as are determined
by the Administrator to be--
``(A) necessary to ensure compatibility with the
motor vehicle design requirements under paragraph (1);
and
``(B) technically and economically feasible.
``(3) EPA determination of nationwide availability.--
``(A) Determination required.--Not later than
December 31, 2031, and not later than each December 31
thereafter until the Administrator determines that 98
research octane number gasoline can be made readily
available nationwide, the Administrator shall--
``(i) determine whether 98 research octane
number gasoline can be made readily available
nationwide; and
``(ii) publish that determination in the
Federal Register.
``(B) Effect.--The requirements of this subsection
shall not take effect until the date on which the
Administrator--
``(i) determines under subparagraph (A)(i)
that 98 research octane number gasoline can be
made readily available nationwide; and
``(ii) publishes that determination under
subparagraph (A)(ii).
``(C) Failure to make determination.--If the
Administrator fails to make a determination under
subparagraph (A) by the applicable date under that
subparagraph, the Administrator shall be deemed to have
determined that 98 research octane number gasoline can
be made readily available nationwide for purposes of
subparagraph (B).
``(d) Violations.--
``(1) Manufacturers.--
``(A) In general.--Any manufacturer who violates
subsection (b)(1) or (c)(1) shall be subject to a civil
penalty of not more than $5,000 for each offense.
``(B) Separate offenses.--Any violation described
in subparagraph (A) shall constitute a separate offense
with respect to each motor vehicle.
``(2) Fuel retailer.--
``(A) In general.--Any fuel retailer who violates
subsection (b)(2) or (c)(2) shall be subject to a civil
penalty of not more than $2,500 for each offense.
``(B) Separate offense.--Any violation described in
subparagraph (A) with respect to dispensing equipment
shall constitute a separate offense with respect to
each unit of dispensing equipment in violation of the
applicable subsection described in that subparagraph.
``SEC. 264. MISFUELING.
``(a) Prohibitions Against Tampering and Defeat Devices for Motor
Vehicles.--In lieu of applying section 203(a)(3) with respect to the
requirements of this part, the following shall apply:
``(1) No person shall--
``(A) remove or render inoperative any device or
element of design installed on or in a motor vehicle
pursuant to subsection (b)(1) or (c)(1) of section 263
prior to its sale and delivery to the ultimate
purchaser; or
``(B) knowingly remove or render inoperative any
such device or element of design after such sale and
delivery to the ultimate purchaser.
``(2) No person shall manufacture or sell, or offer to
sell, or install, any part or component intended for use with,
or as part of, any motor vehicle, where--
``(A) a principal effect of the part or component
is to bypass, defeat, or render inoperative any device
or element of design installed on or in a motor vehicle
pursuant to subsection (b)(1) or (c)(1) of section 263;
and
``(B) the person knows or should know that such
part or component is being offered for sale or
installed for such use or put to such use.
``(b) Prohibitions Against Tampering and Defeat Devices for
Dispensing Equipment.--No person shall--
``(1) remove or render inoperative any device or element of
design installed pursuant to subsection (b)(2) or (c)(2) of
section 263; or
``(2) sell, or offer to sell, or incorporate into, any part
or component intended for use with, or as part of, any
dispensing equipment, where--
``(A) a principal effect of the part or component
is to bypass, defeat, or render inoperative any device
or element of design incorporated into dispensing
equipment pursuant to subsection (b)(2) or (c)(2) of
section 263; and
``(B) the person knows or should know that such
part or component is being offered for sale or
incorporated for such use or put to such use.
``(c) Violations.--
``(1) In general.--Any person who violates this section
shall be subject to a civil penalty of not more than $2,500.
``(2) Separate offenses.--Any violation described in
paragraph (1) shall constitute a separate offense with respect
to--
``(A) each motor vehicle or unit of dispensing
equipment, for purposes of subsections (a)(1) and
(b)(1); and
``(B) each part or component, for purposes of
subsections (a)(2) and (b)(2).
``SEC. 265. OCTANE STANDARD.
``(a) Octane Standard.--
``(1) Prohibition.--
``(A) 95 research octane number marketing.--No
person shall sell motor vehicle gasoline marketed as 95
research octane number unless that gasoline has a
research octane number of 95 or greater.
``(B) 98 research octane number marketing.--No
person shall sell motor vehicle gasoline marketed as 98
research octane number unless that gasoline has a
research octane number of 98 or greater.
``(C) Deemed compliance.--A person, including any
distributor, blender, marketer, reseller, carrier,
retailer, or wholesaler, shall be deemed to be in full
compliance with this paragraph if the person can
demonstrate, through evidence deemed acceptable by the
Administrator, that the person had reason to believe in
good faith that the motor vehicle gasoline complied
with subparagraph (A) or (B).
``(2) Controls.--
``(A) 95 research octane number availability.--
Effective January 1, 2027, any person that owns,
leases, operates, controls, or supervises--
``(i) a retail outlet at which 200,000 or
more gallons of gasoline were sold during
calendar year 2024 or any subsequent calendar
year, shall offer for sale motor vehicle
gasoline of not less than 95 research octane
number at that retail outlet; or
``(ii) 6 or more retail outlets offering
motor vehicle gasoline for sale, shall offer
for sale motor vehicle gasoline of not less
than 95 research octane number at not fewer
than 60 percent of those retail outlets.
``(B) 98 research octane number availability.--
Effective January 1, 2032, any person that owns,
leases, operates, controls, or supervises--
``(i) a retail outlet at which 200,000 or
more gallons of gasoline were sold during
calendar year 2030 or any subsequent calendar
year, shall offer for sale motor vehicle
gasoline of not less than 98 research octane
number at that retail outlet; or
``(ii) 6 or more retail outlets offering
motor vehicle fuel for sale, shall offer for
sale motor vehicle gasoline of not less than 98
research octane number at no fewer than 60
percent of those retail outlets.
``(b) Violations.--Any person that violates--
``(1) subsection (a)(1), (a)(2)(A)(i), or (a)(2)(B)(i)
shall be subject to a civil penalty of not more than $25,000
for each day on which the violation continues; and
``(2) subsection (a)(2)(A)(ii) or (a)(2)(B)(ii) shall be
subject to a civil penalty of not more than $2,500 per day for
each retail outlet owned, leased, operated, controlled, or
supervised by that person.
``SEC. 266. REGULATIONS.
``The Administrator shall--
``(1) not later than 1 year after the date of enactment of
the Next Generation Fuels Act of 2023, propose regulations to
carry out this part; and
``(2) not later than 2 years after that date of enactment,
finalize regulations to carry out this part.
``SEC. 267. LIABILITY LIMITATION AND PREEMPTION.
``(a) Limitation of Liability.--A manufacturer of a motor vehicle,
or a gasoline retailer, that is in compliance with the requirements of
this part and the requirements of sections 203(e) and 206 of the
Petroleum Marketing Practices Act, shall not be liable under any
provision of this Act or any other Federal, State, or local law,
including common law, for damages--
``(1) to or caused by a motor vehicle described in section
261(b); and
``(2) that would not have occurred but for the introduction
of gasoline with a research octane number required by this
part.
``(b) Preemption.--No State or any political subdivision of a State
may adopt, continue in effect, or enforce, any provision of law or
regulation--
``(1) requiring motor vehicles to operate using gasoline
with a certain octane content, or the corresponding design of
equipment for dispensing such gasoline into such motor
vehicles, unless the provision of that law or regulation is the
same as the corresponding provision under this part; or
``(2) limiting the concentration of ethanol in motor
vehicle gasoline.
``SEC. 268. CIVIL ACTIONS; ADMINISTRATIVE ASSESSMENT OF CERTAIN
PENALTIES.
``The provisions of subsections (b) and (c) of section 205 shall
apply with respect to a violation of section 263 or 264 to the same
extent and in the same manner as such provisions apply with respect to
a violation of section 203(a)(3).''.
SEC. 4. OCTANE DISCLOSURE.
(a) High-Efficiency Fuels.--Title II of the Petroleum Marketing
Practices Act (15 U.S.C. 2821 et seq.) is amended by adding at the end
the following:
``SEC. 206. HIGH-EFFICIENCY FUEL AND VEHICLE MARKETING REQUIREMENTS.
``(a) Rule.--The Federal Trade Commission shall, by rule, and in
consultation with persons to be regulated under this section, consumer
advocates, and other stakeholders, as appropriate--
``(1) prescribe or revise requirements under this title
relating to the certification, display, and representation of
the automotive fuel rating of an automotive fuel as necessary
to carry out--
``(A) the requirement under subsection (b); and
``(B) any determination made under subsection (c);
``(2) make the determination required under subsection (c);
and
``(3) prescribe requirements under subsection (d).
``(b) Requirement.--The Federal Trade Commission shall require
that, for purposes of this title, beginning on the date that is 180
days after the date on which the Federal Trade Commission issues a
final rule under subsection (a), the automotive fuel rating of an
automotive fuel with a research octane number of 95 or higher be
determined only by the research octane number of such automotive fuel.
``(c) Labeling.--
``(1) In general.--The Federal Trade Commission shall
prescribe requirements--
``(A) as the Federal Trade Commission determines
necessary with respect to a display at the point of
sale to ultimate purchasers of automotive fuel and a
display on a motor vehicle to--
``(i) inform such ultimate purchaser of
such automotive fuel and any purchaser or user
of such motor vehicle that--
``(I) a model year 2028 or later
motor vehicle is only warrantied to use
automotive fuel with a research octane
number of 95 or higher; and
``(II) a model year 2033 or later
motor vehicle is only warrantied to use
automotive fuel with a research octane
number of 98 or higher;
``(ii) provide a warning to such ultimate
purchaser of such automotive fuel and any such
purchaser or user of such motor vehicle, that
the use of automotive fuel with a research
octane number that--
``(I) is lower than 95 in a model
year 2028 or later motor vehicle will
result in reduced fuel economy,
increased exhaust emissions, and
possibly engine damage; and
``(II) is lower than 98 in a model
year 2033 or later motor vehicle will
result in reduced fuel economy,
increased exhaust emissions, and
possibly engine damage; and
``(iii) inform such ultimate purchaser of
such automotive fuel and any purchaser or user
of such motor vehicle that--
``(I) a model year 2028 or later
motor vehicle is warrantied to use
gasoline containing up to and including
25 percent ethanol by volume; and
``(II) a model year 2033 or later
motor vehicle is warrantied to use
gasoline containing up to and including
30 percent ethanol by volume; and
``(B) that are applicable to--
``(i) a manufacturer of a new motor vehicle
(or an entity making a representation in
connection with the sale of such motor vehicle)
with respect to a display on such motor
vehicle; and
``(ii) an automotive fuel retailer, with
respect to a display at the point of sale to an
ultimate purchaser of automotive fuel.
``(2) Considerations.--In prescribing requirements under
paragraph (1), the Federal Trade Commission shall ensure that
such requirements are designed to be--
``(A) understandable to--
``(i) the ultimate purchaser of automotive
fuel; and
``(ii) any purchaser or user of a model
year 2028 or later motor vehicle; and
``(B) cost effective for automotive fuel retailers.
``(d) Deadlines.--The Federal Trade Commission shall--
``(1) not later than January 1, 2026, issue a proposed rule
under subsection (a); and
``(2) not later than July 1, 2027, issue a final rule under
subsection (a).''.
(b) Enforcement.--Section 203(e) of the Petroleum Marketing
Practices Act (15 U.S.C. 2823(e)) is amended--
(1) by striking ``or a rule prescribed'' and inserting ``a
rule prescribed''; and
(2) by striking ``of such section.'' and inserting ``of
section 202, or a rule prescribed under section 206.''.
(c) Table of Contents Amendment.--The table of contents for the
Petroleum Marketing Practices Act (15 U.S.C. 2801 et seq.) is amended
by inserting after the item relating to section 205 the following:
``Sec. 206. High-efficiency fuel and vehicle marketing requirements.''.
SEC. 5. ADVERTISEMENT OF PRICE OF HIGH-OCTANE AUTOMOTIVE FUEL.
(a) In General.--It shall be unlawful for any person to sell or
offer for sale, at retail, automotive fuel with a research octane
number (as such terms are defined in section 201 of the Petroleum
Marketing Practices Act (15 U.S.C. 2821)) of 95 or greater unless such
person displays, in a manner specified in the rules promulgated under
subsection (b), the total price per gallon of such fuel on any sign on
which such person displays the price of the most-sold grade of
automotive fuel of such person.
(b) Rulemaking.--
(1) In general.--Not later than 24 months after the date of
enactment of this Act, the Federal Trade Commission shall
promulgate, in accordance with section 553 of title 5, United
States Code, any rules necessary for the implementation and
enforcement of this section.
(2) Contents.--Such rules--
(A) shall define ``retail'' and ``most-sold'' for
the purposes of this section;
(B) shall specify the manner in which the price of
automotive fuel with a research octane number of 95 or
greater must be displayed in order to comply with
subsection (a); and
(C) shall be consistent with the requirements for
declaring unfair acts or practices in section 5(n) of
the Federal Trade Commission Act (15 U.S.C. 45(n)).
(c) Enforcement.--A violation of subsection (a) shall be treated as
a violation of a rule defining an unfair or deceptive act or practice
prescribed under section 18(a)(1)(B) of the Federal Trade Commission
Act (15 U.S.C. 57a(a)(1)(B)). The Federal Trade Commission shall
enforce this section in the same manner, by the same means, and with
the same jurisdiction, powers, and duties as though all applicable
terms and provisions of the Federal Trade Commission Act (15 U.S.C. 41
et seq.) were incorporated into and made part of this section.
SEC. 6. E40 RETAIL INFRASTRUCTURE STANDARD.
Section 9003 of the Solid Waste Disposal Act (42 U.S.C. 6991b) is
amended by adding at the end the following:
``(k) E40-Compatible Retail Infrastructure Systems.--
``(1) Definitions.--In this subsection:
``(A) Automotive fuel.--The term `automotive fuel'
has the meaning given the term in section 201 of the
Petroleum Marketing Practices Act (15 U.S.C. 2821).
``(B) Compatible.--The term `compatible' means, to
the extent feasible, certified by a nationally
recognized testing laboratory recognized by the
Occupational Safety and Health Administration in
accordance with section 1910.7 of title 29, Code of
Federal Regulations (or any successor regulations) to
maintain system performance throughout the operational
life of the dispenser system.
``(C) Dispenser system.--The term `dispenser
system' has the meaning given the term in section
280.12 of title 40, Code of Federal Regulations (as in
effect on the date of enactment of this subsection).
``(2) Performance standards.--The Administrator shall, not
later than January 1, 2026, issue or revise, as necessary,
performance standards for underground storage tank systems and
dispenser systems that are brought into use on or after January
1, 2026, to require that those systems be compatible with
automotive fuel consisting of gasoline and at least 40 percent
ethanol by volume.
``(3) Compatibility.--An owner or operator may demonstrate
the compatibility of an underground storage tank system with
automotive fuel containing any concentration of ethanol through
the use of a secondary containment system that is able--
``(A) to contain regulated substances leaked from
the primary containment system until the regulated
substances are detected and removed; and
``(B) to prevent the release of regulated
substances to the environment at any time during the
operational life of the underground storage tank
system.''.
SEC. 7. REGISTRATION TESTING, REID VAPOR PRESSURE, AND SUBSTANTIALLY
SIMILAR WAIVERS.
(a) Registration Testing Waiver.--Section 211(e) of the Clean Air
Act (42 U.S.C. 7545(e)) is amended by adding at the end the following:
``(4) Fuels consisting of gasoline and no more than 30 percent
ethanol by volume that meet the requirements of subsection (f)(3) shall
be deemed--
``(A) to have satisfied any testing regulations promulgated
under this subsection; and
``(B) to be immediately eligible for registration under
subsection (b) without further testing.''.
(b) Reid Vapor Pressure Waiver.--
(1) Existing waivers.--Section 211(f)(4) of the Clean Air
Act (42 U.S.C. 7545(f)(4)) is amended--
(A) by striking ``(4) The Administrator, upon'' and
inserting the following:
``(4) Waivers.--
``(A) In general.--The Administrator, on'';
(B) in subparagraph (A) (as so designated)--
(i) in the first sentence--
(I) by striking ``of this
subsection'' each place it appears; and
(II) by striking ``if he
determines'' and inserting ``if the
Administrator determines''; and
(ii) in the second sentence--
(I) by striking ``such an
application'' and inserting ``an
application described in subparagraph
(A)''; and
(II) by striking ``The
Administrator'' and inserting the
following:
``(B) Final action.--The Administrator''; and
(C) by adding at the end the following:
``(C) Reid vapor pressure.--A fuel or fuel additive
may be introduced into commerce if--
``(i)(I) the Administrator determines that
the fuel or fuel additive is substantially
similar to a fuel or fuel additive utilized in
the certification of any model year vehicle
pursuant to paragraph (1)(A); or
``(II) the fuel or fuel additive
has been granted a waiver under
subparagraph (A) and meets all of the
conditions of that waiver other than
any limitation of the waiver with
respect to the Reid Vapor Pressure of
the fuel or fuel additive; and
``(ii) the fuel or fuel additive meets all
other applicable Reid Vapor Pressure
requirements under subsection (h).''.
(2) Reid vapor pressure limitation.--Section 211(h) of the
Clean Air Act (42 U.S.C. 7545(h)) is amended--
(A) by striking ``vapor pressure'' each place it
appears and inserting ``Vapor Pressure'';
(B) in paragraph (4), in the matter preceding
subparagraph (A), by inserting ``or more'' after ``10
percent''; and
(C) in paragraph (5)(A)--
(i) by striking ``Upon notification,
accompanied by'' and inserting ``On receipt of
a notification that is submitted before January
1, 2022, or after the date of enactment of the
Next Generation Fuels Act of 2023, and is
accompanied by appropriate''; and
(ii) by inserting ``or more'' after ``10
percent''.
(c) Substantially Similar Waiver.--Section 211(f) of the Clean Air
Act (42 U.S.C. 7545(f)) is amended--
(1) by striking the subsection designation and all that
follows through ``Effective upon'' in subparagraph (B) and
inserting the following:
``(f)(1) Effective upon'';
(2) by striking paragraph (3) and inserting the following:
``(3) Fuels consisting of gasoline and ethanol may be introduced
into commerce under this subsection for use in motor vehicles described
in section 261(b), provided that the finished fuel--
``(A) does not exceed the warranted ethanol levels
described in section 263(a);
``(B) meets the physical and chemical criteria specified by
ASTM International Standard D4814-20 for gasoline with 15
percent ethanol; and
``(C) consists solely of carbon, hydrogen, oxygen, and
sulfur, excepting any impurities present at trace levels that
are gaseous upon combustion.''; and
(3) in subparagraph (A) of paragraph (4) (as designated by
subsection (b)(1)(A)), in the first sentence, by striking ``or
(3)''.
SEC. 8. CLEAN OCTANE STANDARD.
Section 211 of the Clean Air Act (42 U.S.C. 7545) is amended--
(1) in subsection (d)--
(A) in paragraph (1), by striking ``or (o)'' each
place it appears and inserting ``(o), or (w)''; and
(B) in paragraph (2), by striking ``and (o)'' each
place it appears and inserting ``(o), and (w)''; and
(2) by adding at the end the following:
``(w) Clean Octane Standard.--
``(1) Definitions.--In this subsection:
``(A) Baseline lifecycle greenhouse gas
emissions.--The term `baseline lifecycle greenhouse gas
emissions' means the average lifecycle greenhouse gas
emissions, as determined by the Administrator, in
consultation with the Director of the Argonne National
Laboratory, for unblended gasoline sold or distributed
as transportation fuel in 2023.
``(B) Lifecycle greenhouse gas emissions.--The term
`lifecycle greenhouse gas emissions' means the
aggregate quantity of greenhouse gas emissions as
determined by the Secretary of Energy using the most
recent version of the Argonne National Laboratory
Greenhouse gases, Regulated Emissions, and Energy use
in Technologies (GREET) model.
``(C) Research octane number.--The term `research
octane number' has the meaning given the term in
section 201 of the Petroleum Marketing Practices Act
(15 U.S.C. 2821).
``(2) Aromatics.--
``(A) Annual average limitation.--Effective
beginning on January 1, 2027, it shall be unlawful for
refiners or importers to sell motor vehicle gasoline
that contains, on an average annual basis, an aromatic
hydrocarbon concentration in excess of 17.5 percent by
volume.
``(B) 2027 cap.--Effective beginning on January 1,
2027, it shall be unlawful for refiners or importers to
sell motor vehicle gasoline that contains an aromatic
hydrocarbon concentration in excess of 30 percent by
volume.
``(C) 2032 cap.--Effective beginning on January 1,
2032, it shall be unlawful for refiners or importers to
sell motor vehicle gasoline that contains an aromatic
hydrocarbon content in excess of 25 percent by volume.
``(D) Oxygenate adjustment for gasoline
blendstock.--
``(i) In general.--For purposes of
compliance with this paragraph, the aromatics
volume of motor vehicle gasoline produced as
blendstock for oxygenate blending may be
adjusted based on the specified type and amount
of oxygenate required to be added downstream.
``(ii) Requirements.--Any adjustment under
clause (i) shall be made through--
``(I) the preparation of a hand
blend containing oxygenate; or
``(II) any other method deemed
acceptable to the Administrator.
``(E) Regulations.--
``(i) In general.--The Administrator shall
promulgate regulations to implement this
paragraph.
``(ii) Contents.--Regulations promulgated
under clause (i) shall allow for the generation
of tradeable credits to meet the requirement of
subparagraph (A), but any credits shall expire
after not more than 5 years.
``(iii) Initial regulations.--Not later
than January 1, 2027, the Administrator shall
promulgate final regulations under clause (i).
``(3) Low-carbon octane.--
``(A) Prohibition.--Effective beginning on January
1, 2027, no refiner or importer shall introduce into
commerce motor vehicle gasoline with a research octane
number of 95 or higher except through the use of a fuel
additive that has average lifecycle greenhouse gas
emissions that (as determined by the Secretary of
Energy using the most recent version of the Argonne
National Laboratory Greenhouse gases, Regulated
Emissions, and Energy use in Technologies (GREET)
model) are at least 40 percent less than baseline
lifecycle greenhouse gas emissions.
``(B) Regulations.--
``(i) In general.--The Administrator shall
promulgate regulations to implement this
paragraph.
``(ii) Contents.--Regulations promulgated
under clause (i) shall--
``(I) determine the baseline
lifecycle greenhouse gas emissions for
purposes of this paragraph;
``(II) determine the average
lifecycle greenhouse gas emissions of
sources of octane value for purposes of
this paragraph; and
``(III) ensure that the
requirements of this paragraph are met.
``(iii) Initial regulations.--Not later
than January 1, 2026, the Administrator shall
promulgate final regulations under clause
(i).''.
SEC. 9. NEW FUEL EFFECTS STUDY.
(a) Fuel Effects Study.--
(1) Study required.--Subject to subsection (b), the
Administrator of the Environmental Protection Agency (referred
to in this section as the ``Administrator'') shall carry out a
study of the emissions effects of ethanol-blended fuels in
light-duty vehicles and light-duty trucks, for the purpose of
updating the Motor Vehicle Emission Simulator modeling system.
(2) Requirements.--In designing and conducting the study
under paragraph (1), the Administrator shall--
(A) select test fuels that--
(i) reflect a range of ethanol
concentrations between 0 and at least 25
percent by volume; and
(ii) are representative of fuels that are
widely available on the date of enactment of
this Act or reasonably could be available
regionally or nationally, taking into account
fuel refinery operations and economics,
including the cost of reformate;
(B) select test vehicles that are representative of
vehicles of recent model years as of the date of
enactment of this Act that include relevant
technologies that are, or reasonably may come to be, in
widespread use;
(C) measure emission products of combustion
including, at a minimum--
(i) particulate matter of 2.5 micrometers
in diameter or less;
(ii) ultrafine particulate matter of 0.1
micrometers in diameter or less;
(iii) nitrogen oxides;
(iv) total hydrocarbons;
(v) nonmethane organic gas;
(vi) carbon monoxide;
(vii) benzene;
(viii) toluene;
(ix) ethylbenzene;
(x) xylene;
(xi) 1,3-butadiene;
(xii) ethanol; and
(xiii) polycyclic aromatic hydrocarbons,
including at a minimum benzo(a)pyrene;
(D) measure the tendency of measured emissions to
form secondary organic aerosols and any other relevant
secondary air pollution; and
(E) consult with the Secretary of Energy, the
Secretary of Agriculture, and the Secretary of
Transportation (or their delegates).
(b) Certification by Secretary of Energy.--The Administrator
shall--
(1) provide the proposed design of the study under
subsection (a) to the Secretary of Energy for review; and
(2) not commence the study under subsection (a) until the
Secretary of Energy certifies in writing that the design of the
study complies with the requirements of subsection (a).
SEC. 10. DUAL-FUELED AUTOMOBILE DEFAULT UTILIZATION FACTOR.
(a) In General.--Section 32905 of title 49, United States Code, is
amended by striking subsection (b) and inserting the following:
``(b) Dual-Fueled Automobiles.--
``(1) Fuel economy.--Except as provided in subsection (d)
or section 32904(a)(2)--
``(A) for any model of dual-fueled automobile
manufactured by a manufacturer in model years 1993
through 2020, the Administrator of the Environmental
Protection Agency shall measure the fuel economy for
that model by dividing 1.0 by the sum of--
``(i) 0.5 divided by the fuel economy
measured under section 32904(c) when operating
the model on gasoline or diesel fuel; and
``(ii) 0.5 divided by the fuel economy--
``(I) measured under subsection (a)
when operating the model on alternative
fuel; or
``(II) measured based on the fuel
content of B20 when operating the model
on B20, which is deemed to contain 0.15
gallon of fuel; and
``(B) subject to paragraph (3), for any model of
dual-fueled automobile manufactured by a manufacturer
in model year 2023 or later, the Administrator of the
Environmental Protection Agency shall measure the fuel
economy for that model by dividing 1.0 by the sum of--
``(i) 0.79 divided by the fuel economy
measured under section 32904(c) when operating
the model on gasoline or diesel fuel; and
``(ii) 0.21 divided by the fuel economy
measured under subsection (a) when operating
the model on alternative fuel, which is deemed
to contain 0.15 gallon of fuel.
``(2) Greenhouse gas emissions.--For any model of dual-
fueled automobile manufactured by a manufacturer in model year
2023 or later, the Administrator of the Environmental
Protection Agency shall measure the greenhouse gas emissions
for that model, which shall be the sum obtained by adding--
``(A) the product obtained by multiplying--
``(i) the measured greenhouse gas emissions
on the alternative fuel;
``(ii) the fuel content of the alternative
fuel, which is deemed to be 0.15; and
``(iii) 0.21; and
``(B) the product obtained by multiplying 0.79 and
the measured greenhouse gas emissions on gasoline or
diesel fuel, as applicable.
``(3) Higher utilization factor for new models.--A
manufacturer may demonstrate that a higher utilization factor
applies to any model of dual-fueled automobile manufactured by
the manufacturer in model year 2025 or later.''.
(b) Testing Procedures.--Section 206 of the Clean Air Act (42
U.S.C. 7525) is amended by adding at the end the following:
``(i) Requirement To Update Test Procedures.--Not later than July
1, 2024, the Administrator shall amend the test procedures promulgated
under this section to be in accordance with section 32905(b)(1)(B) of
title 49, United States Code.''.
SEC. 11. TRANSFERS OF CREDITS FOR EXCEEDING AVERAGE FUEL ECONOMY
STANDARDS.
Section 32903(g) of title 49, United States Code, is amended by
striking paragraph (3) and inserting the following:
``(3) Maximum increase.--The maximum increase in any
compliance category attributable to transferred credits is--
``(A) for model year 2023, 4.0 miles per gallon;
and
``(B) for model year 2024 and subsequent model
years, 6.0 miles per gallon.''.
<all>
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118S945
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REPORT Act
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[
[
"H001076",
"Sen. Hassan, Margaret Wood [D-NH]",
"sponsor"
],
[
"L000577",
"Sen. Lee, Mike [R-UT]",
"cosponsor"
]
] |
<html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 945 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 945
To provide for joint reports by relevant Federal agencies to Congress
regarding incidents of terrorism, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
March 22, 2023
Ms. Hassan (for herself and Mr. Lee) introduced the following bill;
which was read twice and referred to the Committee on Homeland Security
and Governmental Affairs
_______________________________________________________________________
A BILL
To provide for joint reports by relevant Federal agencies to Congress
regarding incidents of terrorism, and for other 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 ``Reporting Efficiently to Proper
Officials in Response to Terrorism Act of 2023'' or the ``REPORT Act''.
SEC. 2. DUTY TO REPORT.
(a) Requirement.--
(1) In general.--Whenever an act of terrorism occurs in the
United States, the Secretary of Homeland Security, the Attorney
General, the Director of the Federal Bureau of Investigation,
and, as appropriate, the head of the National Counterterrorism
Center shall--
(A) submit to the appropriate congressional
committees, by not later than 1 year after the
completion of the investigation concerning such act by
the primary Government agency conducting such
investigation, an unclassified report (which may be
accompanied by a classified annex) concerning such act;
and
(B) make the report required under subparagraph (A)
available on a publicly accessible website.
(2) Other reports.--Reports required under this subsection
may be combined into a quarterly report submitted to Congress.
(b) Content of Reports.--A report under this section shall--
(1) include a statement of the facts of the act of
terrorism referred to in subsection (a), as known at the time
of the report;
(2) identify any gaps in homeland or national security that
could be addressed to prevent future acts of terrorism; and
(3) include any recommendations for additional measures
that could be taken to improve homeland or national security,
including recommendations relating to potential changes in law
enforcement practices or changes in law, with particular
attention to changes that could help prevent future acts of
terrorism.
(c) Exception.--
(1) In general.--If the Secretary of Homeland Security, the
Attorney General, or the Director of the Federal Bureau of
Investigation determines any information described in
subsection (b) required to be reported in accordance with
subsection (a) could jeopardize an ongoing investigation or
prosecution, the Secretary, Attorney General, or Director, as
the case may be--
(A) may withhold from reporting such information;
and
(B) shall notify the appropriate congressional
committees of such determination.
(2) Savings provision.--Withholding of information pursuant
to a determination under paragraph (1) shall not affect in any
manner the responsibility to submit a report required under
subsection (a) containing other information described in
subsection (b) not subject to such determination.
(d) Definitions.--In this section:
(1) Act of terrorism.--The term ``act of terrorism'' has
the meaning given the term in section 3077 of title 18, United
States Code.
(2) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) in the House of Representatives--
(i) the Committee on Homeland Security;
(ii) the Committee on the Judiciary; and
(iii) the Permanent Select Committee on
Intelligence; and
(B) in the Senate--
(i) the Committee on Homeland Security and
Governmental Affairs;
(ii) the Committee on the Judiciary; and
(iii) the Select Committee on Intelligence.
(e) Sunset.--This section shall terminate on the date that is 5
years after the date of the enactment of this Act.
<all>
</pre></body></html>
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|
118S946
|
SITE Act
|
[
[
"W000802",
"Sen. Whitehouse, Sheldon [D-RI]",
"sponsor"
],
[
"H000273",
"Sen. Hickenlooper, John W. [D-CO]",
"cosponsor"
],
[
"H001046",
"Sen. Heinrich, Martin [D-NM]",
"cosponsor"
]
] |
<html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 946 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 946
To amend the Federal Power Act to establish a procedure for the siting
of certain interstate electric transmission facilities, and for other
purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
March 22, 2023
Mr. Whitehouse (for himself, Mr. Hickenlooper, and Mr. Heinrich)
introduced the following bill; which was read twice and referred to the
Committee on Energy and Natural Resources
_______________________________________________________________________
A BILL
To amend the Federal Power Act to establish a procedure for the siting
of certain interstate electric transmission facilities, and for other
purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Streamlining Interstate Transmission
of Electricity Act'' or the ``SITE Act''.
SEC. 2. SITING OF CERTAIN INTERSTATE ELECTRIC TRANSMISSION FACILITIES.
Part II of the Federal Power Act (16 U.S.C. 824 et seq.) is amended
by adding at the end the following:
``SEC. 224. SITING OF CERTAIN INTERSTATE ELECTRIC TRANSMISSION
FACILITIES.
``(a) Definitions.--In this section:
``(1) Affected landowner.--
``(A) In general.--The term `affected landowner'
includes each owner of a property interest in land or
other property described in subparagraph (B),
including--
``(i) the Federal Government;
``(ii) a State or local government; and
``(iii) each owner noted in the most recent
county or city tax record as receiving the
relevant tax notice with respect to that
interest.
``(B) Land and other property described.--The land
or other property referred to in subparagraph (A) is
any land or other property--
``(i) that is or will be crossed by the
energy transmission facility proposed to be
constructed or modified under the applicable
certificate of public convenience and
necessity;
``(ii) that is or will be used as a
facility site with respect to the energy
transmission facility proposed to be
constructed or modified under the applicable
certificate of public convenience and
necessity;
``(iii) that abuts any boundary of an
existing right-of-way or other facility site
that--
``(I) is owned by an electric
utility; and
``(II) is located not more than 500
feet from the energy transmission
facility to be constructed or modified
under the applicable certificate of
public convenience and necessity;
``(iv) that abuts the boundary of a
proposed facility site for the energy
transmission facility to be constructed or
modified under the applicable certificate of
public convenience and necessity;
``(v) that is crossed by, or abuts any
boundary of, an existing or proposed right-of-
way that--
``(I) will be used for the energy
transmission facility to be constructed
or modified under the applicable
certificate of public convenience and
necessity; and
``(II) is located not more than 500
feet from the proposed location of that
energy transmission facility; or
``(vi) on which a residence is located not
more than 500 feet from the boundary of any
right-of-way for that energy transmission
facility.
``(2) Alternating current transmission facility.--The term
`alternating current transmission facility' means a
transmission facility that uses alternating current for the
bulk transmission of electric energy.
``(3) Energy transmission facility.--The term `energy
transmission facility' means, as applicable--
``(A) an alternating current transmission facility;
or
``(B) a high-voltage, direct current transmission
facility.
``(4) Facility site.--The term `facility site' includes--
``(A) a right-of-way;
``(B) an access road;
``(C) a contractor yard; and
``(D) any temporary workspace.
``(5) High-voltage, direct current transmission facility.--
The term `high-voltage, direct current transmission facility'
means a transmission facility that uses direct current for the
bulk transmission of electric energy.
``(6) Tribal land.--The term `Tribal land' has the meaning
given the term `Indian land' in section 2601 of the Energy
Policy Act of 1992 (25 U.S.C. 3501).
``(b) Certificate of Public Convenience and Necessity.--
``(1) In general.--On receipt of an application under
subsection (c)(1) relating to an energy transmission facility
described in paragraph (2), the Commission, after making the
finding described in paragraph (3) with respect to that energy
transmission facility, shall issue to any person, by
publication in the Federal Register, a certificate of public
convenience and necessity for the construction, modification,
operation, or abandonment of that energy transmission facility,
subject to such reasonable terms and conditions as the
Commission determines to be appropriate.
``(2) Energy transmission facility described.--An energy
transmission facility referred to in paragraph (1) is an energy
transmission facility that--
``(A) traverses or, on construction or modification
in accordance with a certificate of public convenience
and necessity issued under that paragraph, will
traverse not fewer than 2 States; and
``(B) is not less than 1,000 megawatts or 1,000
megavolt-amperes in power capacity.
``(3) Finding described.--The finding referred to in
paragraph (1) is a finding that--
``(A) the applicant for a certificate of public
convenience and necessity is able and willing--
``(i) to carry out the activities and
perform the services proposed in the
application in a manner determined to be
appropriate by the Commission; and
``(ii) to achieve compliance with the
applicable requirements of--
``(I) this part; and
``(II) any rules and regulations
promulgated by the Commission pursuant
to this part;
``(B) the energy transmission facility to be
constructed, modified, or operated under the
certificate of public convenience and necessity will--
``(i) traverse not fewer than 2 States;
``(ii) be used for the transmission of
electric energy in interstate commerce; and
``(iii) have a power capacity of not less
than 1,000 megawatts or 1,000 megavolt-amperes;
and
``(C) operation of the energy transmission facility
as proposed in the application--
``(i) will--
``(I) enable the use of renewable
energy;
``(II) reduce congestion; or
``(III) improve the reliability of
the transmission system;
``(ii) will maximize, to the extent
reasonable and economical, the use of--
``(I) existing facility sites; and
``(II) the transmission
capabilities of existing energy
transmission facilities; and
``(iii) will, to the extent practicable,
minimize the use of eminent domain.
``(4) Rulemaking.--Not later than 18 months after the date
of enactment of this section, the Commission shall issue rules
specifying--
``(A) a pre-filing process during which a person
described in subsection (c)(1) and the Commission shall
consult with--
``(i) the appropriate State agencies, State
public utility commissions, and State energy
offices in each State the proposed project
traverses;
``(ii) appropriate Federal agencies; and
``(iii) each Indian Tribe that may be
affected by the proposed project;
``(B) the form of, and information to be contained
in, an application submitted under subsection (c)(1);
``(C) requirements for determining whether the
applicable energy transmission facility will be
constructed or modified--
``(i) to traverse not fewer than 2 States;
``(ii) to be used for the transmission of
electric energy in interstate commerce; and
``(iii) to have a power capacity of not
less than 1,000 megawatts or 1,000 megavolt-
amperes;
``(D) criteria for determining the reasonable and
economical use of--
``(i) existing rights-of-way; and
``(ii) the transmission capabilities of
existing towers or structures;
``(E) the manner in which an application submitted
under subsection (c)(1) and any proposal for the
construction or modification of an energy transmission
facility shall be considered, which, to the extent
practicable, shall be consistent with State statutory
and regulatory policies concerning generation and
retail sales of electricity in the States in which the
electric energy transmitted by the energy transmission
facility will be generated or sold; and
``(F) the manner in which the Commission will
consider the needs of communities that will be impacted
directly by the proposed energy transmission facility,
including how any impacts of the proposed energy
transmission facility could be mitigated or offset.
``(5) Public notice, comment, and opportunity for a hearing
on certain draft documents.--
``(A) In general.--The Commission shall provide not
less than 90 days for public comment on any initial
scoping document or draft environmental impact
statement prepared for an energy transmission facility
with respect to which an application for a certificate
of public convenience and necessity has been submitted
under subsection (c)(1).
``(B) Notice and opportunity for hearing.--The
Commission shall--
``(i) publish in the Federal Register a
notice of the filing of each draft scoping
document or draft environmental impact
statement described in clause (i); and
``(ii) provide to the individuals and
entities described in paragraph (6)(B) notice
and reasonable opportunity for the presentation
of any views and recommendations with respect
to the initial scoping document or draft
environmental impact statement.
``(C) Tribal consent.--With respect to an Indian
Tribe that may be affected by a potential project, the
Commission--
``(i) shall provide notice to the
appropriate Tribal officials and an opportunity
of public comment in accordance with
subparagraph (A); and
``(ii) shall not approve a scoping document
or draft environmental impact statement unless
consent has been obtained from the proper
Tribal officials in a manner consistent with
the requirements of section 2 of the Act of
February 5, 1948 (62 Stat. 18, chapter 45; 25
U.S.C. 324).
``(6) Notice and opportunity for a hearing on
applications.--
``(A) In general.--In any proceeding before the
Commission to consider an application for a certificate
of public convenience and necessity under this section,
the Commission shall--
``(i) publish a notice of the application
in the Federal Register; and
``(ii) provide to the individuals and
entities described in subparagraph (B) a notice
and reasonable opportunity for the presentation
of any views and recommendations with respect
to the need for, and impact of, the
construction or modification of the energy
transmission facility proposed to be
constructed or modified under the certificate.
``(B) Individuals and entities described.--The
individuals and entities referred to in subparagraph
(A) are--
``(i) an agency, selected by the Governor
(or equivalent official) of the applicable
State, of each State in which the energy
transmission facility proposed to be
constructed or modified under the applicable
certificate of public convenience and necessity
is or will be located;
``(ii) each affected landowner; and
``(iii) as determined by the Commission--
``(I) each affected Federal agency;
and
``(II) each Indian Tribe that may
be affected by the proposed
construction or modification.
``(C) Prohibition.--The Commission may not--
``(i) require an applicant for a
certificate of public convenience and necessity
under this section to provide any notice
required under this section; or
``(ii) enter into a contract to provide any
notice required under this section with--
``(I) the applicant for the
applicable certificate of public
convenience and necessity; or
``(II) any other person that has a
financial interest in the project
proposed in the application for that
certificate.
``(c) Applications.--
``(1) In general.--A person desiring a certificate of
public convenience and necessity under this section shall
submit to the Commission an application at such time, in such
manner, and containing such information as the Commission may
require.
``(2) Requirement.--An application submitted to the
Commission under paragraph (1) shall include all information
necessary for the Commission to make the finding described in
subsection (b)(3).
``(d) Notice to Affected Landowners.--
``(1) In general.--The Commission shall provide written
notice of an application submitted under subsection (c)(1) to
all affected landowners in accordance with this subsection.
``(2) Requirements.--Any notice provided to an affected
landowner under paragraph (1) shall include the following:
``(A) The following statement in 14-point bold
typeface:
```The [name of applicant] has proposed building power
lines that will cross your property, and may also
require building transmission towers on your property.
If the Federal Energy Regulatory Commission approves
[applicant]'s proposed project, then [applicant] may
have the right to build transmission towers on, and
power lines over, your property, or use your property
to construct the proposed project, subject to paying
you just compensation for the loss of your property.
```If you want to raise objections to this, or
otherwise comment on this project, you can do so by
submitting written comments to the Federal Energy
Regulatory Commission Docket No. [___]. You can do this
electronically or by mail. To do so electronically [to
be inserted by the Commission]. To do so by mail [to be
inserted by the Commission].'.
``(B) A description of the proposed project,
including--
``(i) the location of the proposed project
(including a general location map);
``(ii) the purpose of the proposed project;
and
``(iii) the timing of the proposed project.
``(C) The name of, and the location in the docket
of the Commission at which may be found, each
submission by the applicant to the Commission relating
to the proposed project.
``(D) A general description of what the applicant
will need from the landowner if the proposed project is
approved, including the activities the applicant may
undertake and the facilities that the applicant may
seek to construct on the property of the landowner.
``(E) A description of how the landowner may
contact the applicant, including--
``(i) a website; and
``(ii) a local or toll-free telephone
number and the name of a specific person to
contact who is knowledgeable about the proposed
project.
``(F) A description of how the landowner may
contact the Commission, including--
``(i) a website; and
``(ii) a local or toll-free telephone
number and the name of a specific person to
contact who is knowledgeable about the proposed
project.
``(G) A summary of the rights that the landowner
has--
``(i) before the Commission; and
``(ii) in other proceedings under--
``(I) the Federal Rules of Civil
Procedure; and
``(II) the eminent domain rules of
the relevant State.
``(H) Any other information that the Commission
determines to be appropriate.
``(3) Obligation of applicant.--An applicant for a
certificate of public convenience and necessity under this
section shall submit to the Commission, together with the
application for the certificate, the name and address of each
affected landowner.
``(e) Regulatory Jurisdiction.--
``(1) In general.--Except as provided in paragraph (2), the
Commission shall have exclusive jurisdiction over, and no State
shall regulate any aspect of, the siting or permitting of an
energy transmission facility constructed, modified, or operated
under a certificate of public convenience and necessity issued
under this section.
``(2) Savings clause.--Nothing in this section affects the
rights of States under--
``(A) the Coastal Zone Management Act of 1972 (16
U.S.C. 1451 et seq.);
``(B) the Federal Water Pollution Control Act (33
U.S.C. 1251 et seq.);
``(C) the Clean Air Act (42 U.S.C. 7401 et seq.);
or
``(D) division A of subtitle III of title 54,
United States Code (formerly known as the `National
Historic Preservation Act').
``(f) Judicial Review.--
``(1) In general.--Any person aggrieved by an order issued
by the Commission under this section may obtain review of the
order in--
``(A) the court of appeals of the United States for
any judicial circuit in which the energy transmission
facility to be constructed or modified under the
applicable certificate of public convenience and
necessity is or will be located; or
``(B) the United States Court of Appeals for the
District of Columbia Circuit.
``(2) Petition for review.--
``(A) In general.--A person may obtain review under
paragraph (1) by filing in the applicable court a
written petition praying that the order of the
Commission be modified or set aside in whole or in
part.
``(B) Timing.--A petition under subparagraph (A)
shall be filed by not later than 60 days after the date
on which the applicable order of the Commission is
published in the Federal Register.
``(3) Person aggrieved.--Notwithstanding any other
provision of this Act, a person aggrieved by an order of the
Commission issued under this section need not--
``(A) have been a party to the proceedings before
the Commission in which that order was issued in order
to obtain judicial review of the order under this
subsection; or
``(B) have requested rehearing before the
Commission prior to seeking judicial review.
``(g) Right of Eminent Domain for Energy Transmission Facilities.--
``(1) In general.--The holder of a certificate of public
convenience and necessity may acquire through the exercise of
the right of eminent domain in a court described in paragraph
(2) any right-of-way, land, or other property that is necessary
to construct, modify, operate, or maintain an energy
transmission facility in accordance with that certificate if
the holder--
``(A) cannot acquire the necessary right-of-way,
land, or other property by contract;
``(B) is unable to agree with the owner of the
right-of-way, land, or other property with respect to
the compensation to be paid for that right-of-way,
land, or other property; or
``(C) cannot clear defective title with respect to
the right-of-way, land, or other property.
``(2) Court described.--A court referred to in paragraph
(1) is--
``(A) the district court of the United States for
the district in which the applicable land or other
property is located; or
``(B) the appropriate State court.
``(3) Notice of decision to issue certificate.--The holder
of a certificate of public convenience and necessity may not
exercise the right of eminent domain under this subsection with
respect to any property covered by the certificate unless the
Commission has first, in addition to publishing the notice of
certificate of public convenience and necessity in the Federal
Register, provided all affected landowners with notice of--
``(A) the decision of the Commission to grant the
certificate; and
``(B) the procedures for obtaining judicial review
of that decision under subsection (f), including a
description of the time period for seeking judicial
review under that subsection.
``(h) Condemnation Procedures.--
``(1) Appraisals.--
``(A) In general.--A holder of, or applicant for, a
certificate of public convenience and necessity shall
have any property that the holder or applicant seeks to
acquire through the exercise of the right of eminent
domain under subsection (g) appraised in accordance
with generally accepted appraisal standards by an
appraiser selected by the owner of the property,
subject to subparagraph (D).
``(B) Requirements.--
``(i) Costs.--The applicable holder of, or
applicant for, a certificate of public
convenience and necessity shall pay for each
appraisal carried out under subparagraph (A).
``(ii) Inspections.--The owner of the
applicable property (or a designated
representative of the owner) shall be given the
opportunity to accompany the appraiser during
any inspection of the property that is part of
an appraisal under subparagraph (A).
``(C) Timing.--An appraisal under subparagraph (A)
shall be carried out before the holder of, or applicant
for, the certificate of public convenience and
necessity--
``(i) makes an offer of just compensation
under paragraph (2); or
``(ii) commences an action or proceeding to
exercise the right of eminent domain under
subsection (g).
``(D) Selection of appraiser.--If the owner of the
applicable property does not select an appraiser under
subparagraph (A) by the date that is 60 days after the
date on which the holder of, or applicant for, the
applicable certificate of public convenience and
necessity requests that the owner do so, the holder or
applicant shall have the right to select the appraiser.
``(2) Offers of just compensation.--
``(A) In general.--Any offer of just compensation
made to an affected landowner of property that is
covered by a certificate of public convenience and
necessity--
``(i) shall be made in writing;
``(ii) may not be for an amount less than
the fair market value of the property, as
determined by an appraisal carried out under
paragraph (1); and
``(iii) shall include compensation for--
``(I) any lost income from the
property; and
``(II) any damages to any other
property of the owner.
``(B) Timing.--The holder of, or applicant for, a
certificate of public convenience and necessity may not
make an offer of just compensation to an affected
landowner until the date that is 30 days after the date
on which the Commission provides a notice to the
affected landowner under subsection (g)(3).
``(3) Jurisdictional limitations.--
``(A) Minimum jurisdictional amount.--A district
court of the United States shall only have jurisdiction
of an action or proceeding to exercise the right of
eminent domain under subsection (g) if the amount
claimed by the owner of the property to be condemned
exceeds $3,000.
``(B) State ownership interests.--
``(i) In general.--Except as provided in
clause (ii), a district court of the United
States shall have no jurisdiction to condemn
any interest owned by a State.
``(ii) Exception.--Notwithstanding clause
(i), a district court of the United States
shall have jurisdiction--
``(I) to condemn any existing
utility or transportation easement or
right-of-way that--
``(aa) is on State
property; or
``(bb) is on private
property and is owned by a
State; and
``(II) to condemn any real property
conveyed to a State for the purpose of
obstructing the construction,
modification, or operation of an energy
transmission facility in accordance
with a certificate of public
convenience and necessity issued under
this section.
``(C) Tribal land.--A district court of the United
States shall have no jurisdiction to condemn any
interest in Tribal land.
``(4) Limitation on condemnation.--In any action or
proceeding to exercise the right of eminent domain under
subsection (g), a court--
``(A) may condemn an interest in property only to
the extent necessary for the specific facilities
described in the applicable certificate of public
convenience and necessity; and
``(B) may not--
``(i) condemn any other interest; or
``(ii) condemn an interest for any purpose
not described in that certificate.
``(5) Right of possession.--With respect to any action or
proceeding to exercise the right of eminent domain under
subsection (g), an owner of property covered by the applicable
certificate of public convenience and necessity shall not be
required to surrender possession of that property unless the
holder of the certificate--
``(A) has paid to the owner the award of
compensation in the action or proceeding; or
``(B) has deposited the amount of that award with
the court.
``(6) Litigation costs.--
``(A) In general.--A holder of a certificate of
public convenience and necessity that commences an
action or proceeding to exercise the right of eminent
domain under subsection (g) shall be liable to the
owner of any property condemned in that proceeding for
the costs described in subparagraph (B) if the amount
awarded to that owner for the property condemned is
more than 125 percent of the amount offered to the
owner by the holder before the commencement of that
action or proceeding.
``(B) Costs described.--The costs referred to in
subparagraph (A) are litigation costs incurred for the
action or proceeding described in that subparagraph by
the owner of the property condemned, including--
``(i) reasonable attorney fees; and
``(ii) expert witness fees and costs.
``(i) Enforcement of Conditions.--
``(1) In general.--An affected landowner the property of
which has been acquired by eminent domain under subsection (g)
shall have the right--
``(A) to enforce any condition in the applicable
certificate of public convenience and necessity; and
``(B) to seek damages for a violation of any
condition described in subparagraph (A).
``(2) Jurisdiction.--The district courts of the United
States shall have jurisdiction over any action arising under
paragraph (1).
``(j) Other Landowner Rights and Protections.--
``(1) Failure to timely complete projects.--
``(A) Surrender of condemned property.--
``(i) In general.--An individual or entity
from which an interest in property is acquired
through the exercise of the right of eminent
domain under subsection (g) by the holder of a
certificate of public convenience and necessity
that is issued for the construction,
modification, or operation of an energy
transmission facility may demand that the
holder of the certificate surrender that
interest to that individual or entity if--
``(I)(aa) the energy transmission
facility is not in operation (as
modified, in the case of a modification
of an energy transmission facility) by
the date specified in the certificate
(including any modification of the
certificate by the Commission); and
``(bb) there is no request for the
extension of that date pending before
the Commission; or
``(II) subject to clause (ii), the
holder of the certificate, with the
approval of the Commission, abandons
the portion of the energy transmission
facility that is located on the
applicable property relating to that
interest.
``(ii) Requirement.--The Commission may not
approve in a certificate of public convenience
and necessity issued under this section or in
any subsequent proceeding the abandonment of
all or any part of an energy transmission
facility unless the Commission requires the
holder of the applicable certificate of public
convenience and necessity to offer to each
individual or entity described in clause (i)
the option of having the property acquired from
that individual or entity as described in that
clause restored to the condition that the
property was in prior to the issuance of the
certificate.
``(B) Repayment of condemnation award.--If an
individual or entity described in subparagraph (A)(i)
demands the surrender of an interest under that
subparagraph, the holder of the applicable certificate
of public convenience and necessity shall be entitled
to repayment of an amount equal to not more than 50
percent of the condemnation award relating to the
interest.
``(C) Jurisdiction.--The district courts of the
United States shall have jurisdiction over any action
arising under this paragraph.
``(2) Material misrepresentations.--
``(A) Rescission of transaction.--
``(i) In general.--An affected landowner
that proves, by a preponderance of the
evidence, that the affected landowner has
granted a right-of-way or any other interest
based on a material misrepresentation made by
or on behalf of an applicant for, or holder of,
a certificate of public convenience and
necessity under this section shall have the
right to rescind the transaction.
``(ii) Jurisdiction.--The district courts
of the United States shall have jurisdiction
over any action arising under clause (i).
``(B) Civil penalties.--
``(i) In general.--If an applicant for, or
holder of, a certificate of public convenience
and necessity makes a material
misrepresentation, or if a material
misrepresentation is made on behalf of such an
applicant or holder, to an affected landowner
concerning the energy transmission facility to
be constructed or modified under the
certificate, the applicant or holder shall be
subject to a civil penalty, to be assessed by
the Commission, in an amount not to exceed
$10,000 per affected landowner to which the
misrepresentation was made.
``(ii) Procedure.--The penalty described in
clause (i) shall be assessed by the Commission
after providing notice and an opportunity for a
public hearing.
``(iii) Requirement.--In determining the
amount of a penalty under clause (i), the
Commission shall take into consideration the
nature and seriousness of the violation.''.
<all>
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118S947
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Lower Energy Costs Act
|
[
[
"K000393",
"Sen. Kennedy, John [R-LA]",
"sponsor"
]
] |
<html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 947 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 947
To lower energy costs by increasing American energy production,
exports, infrastructure, and critical minerals processing, by promoting
transparency, accountability, permitting, and production of American
resources, and by improving water quality certification and energy
projects, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
March 22, 2023
Mr. Kennedy introduced the following bill; which was read twice and
referred to the Committee on Energy and Natural Resources
_______________________________________________________________________
A BILL
To lower energy costs by increasing American energy production,
exports, infrastructure, and critical minerals processing, by promoting
transparency, accountability, permitting, and production of American
resources, and by improving water quality certification and energy
projects, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Lower Energy Costs
Act''.
(b) Table of Contents.--The table of contents of this Act is as
follows:
Sec. 1. Short title; table of contents.
DIVISION A--INCREASING AMERICAN ENERGY PRODUCTION, EXPORTS,
INFRASTRUCTURE, AND CRITICAL MINERALS PROCESSING
Sec. 10001. Securing America's critical minerals supply.
Sec. 10002. Protecting American energy production.
Sec. 10003. Researching efficient Federal improvements for necessary
energy refining.
Sec. 10004. Promoting cross-border energy infrastructure.
Sec. 10005. Sense of Congress expressing disapproval of the revocation
of the Presidential permit for the Keystone
XL pipeline.
Sec. 10006. Sense of Congress opposing restrictions on the export of
crude oil or other petroleum products.
Sec. 10007. Unlocking our domestic LNG potential.
Sec. 10008. Promoting interagency coordination for review of natural
gas pipelines.
Sec. 10009. Interim hazardous waste permits for critical energy
resource facilities.
Sec. 10010. Flexible air permits for critical energy resource
facilities.
Sec. 10011. National security or energy security waivers to produce
critical energy resources.
Sec. 10012. Ending future delays in chemical substance review for
critical energy resources.
Sec. 10013. Natural gas tax repeal.
Sec. 10014. Repeal of greenhouse gas reduction fund.
Sec. 10015. Keeping America's refineries operating.
Sec. 10016. Homeowner energy freedom.
DIVISION B--TRANSPARENCY, ACCOUNTABILITY, PERMITTING, AND PRODUCTION OF
AMERICAN RESOURCES
Sec. 20001. Short title; table of contents.
TITLE I--ONSHORE AND OFFSHORE LEASING AND OVERSIGHT
Sec. 20101. Onshore oil and gas leasing.
Sec. 20102. Lease reinstatement.
Sec. 20103. Protested lease sales.
Sec. 20104. Suspension of operations.
Sec. 20105. Administrative protest process reform.
Sec. 20106. Leasing and permitting transparency.
Sec. 20107. Offshore oil and gas leasing.
Sec. 20108. Five-year plan for offshore oil and gas leasing.
Sec. 20109. Geothermal leasing.
Sec. 20110. Leasing for certain qualified coal applications.
Sec. 20111. Future coal leasing.
Sec. 20112. Staff planning report.
Sec. 20113. Prohibition on Chinese communist party ownership interest.
Sec. 20114. Effect on other law.
TITLE II--PERMITTING STREAMLINING
Sec. 20201. Definitions.
Sec. 20202. BUILDER Act.
Sec. 20203. Codification of National Environmental Policy Act
regulations.
Sec. 20204. Non-major Federal actions.
Sec. 20205. No net loss determination for existing rights-of-way.
Sec. 20206. Determination of National Environmental Policy Act
adequacy.
Sec. 20207. Determination regarding rights-of-way.
Sec. 20208. Terms of rights-of-way.
Sec. 20209. Funding to process permits and develop information
technology.
Sec. 20210. Offshore geological and geophysical survey licensing.
Sec. 20211. Deferral of applications for permits to drill.
Sec. 20212. Processing and terms of applications for permits to drill.
Sec. 20213. Amendments to the Energy Policy Act of 2005.
Sec. 20214. Access to Federal energy resources from non-Federal surface
estate.
Sec. 20215. Scope of environmental reviews for oil and gas leases.
Sec. 20216. Expediting approval of gathering lines.
Sec. 20217. Lease sale litigation.
Sec. 20218. Limitation on claims.
Sec. 20219. Government Accountability Office report on permits to
drill.
Sec. 20220. E-NEPA.
TITLE III--PERMITTING FOR MINING NEEDS
Sec. 20301. Definitions.
Sec. 20302. Minerals supply chain and reliability.
Sec. 20303. Federal Register process improvement.
Sec. 20304. Designation of mining as a covered sector for Federal
permitting improvement purposes.
Sec. 20305. Treatment of actions under Presidential Determination 2022-
11 for Federal permitting improvement
purposes.
Sec. 20306. Notice for mineral exploration activities with limited
surface disturbance.
Sec. 20307. Use of mining claims for ancillary activities.
Sec. 20308. Ensuring consideration of uranium as a critical mineral.
Sec. 20309. Barring foreign bad actors from operating on Federal lands.
TITLE IV--FEDERAL LAND USE PLANNING
Sec. 20401. Federal land use planning and withdrawals.
Sec. 20402. Prohibitions on delay of mineral development of certain
Federal land.
Sec. 20403. Definitions.
TITLE V--ENSURING COMPETITIVENESS ON FEDERAL LANDS
Sec. 20501. Incentivizing domestic production.
TITLE VI--ENERGY REVENUE SHARING
Sec. 20601. Gulf of Mexico outer Continental Shelf revenue.
Sec. 20602. Parity in offshore wind revenue sharing.
Sec. 20603. Elimination of administrative fee under the Mineral Leasing
Act.
DIVISION C--WATER QUALITY CERTIFICATION AND ENERGY PROJECT IMPROVEMENT
Sec. 30001. Short title; table of contents.
Sec. 30002. Certification.
DIVISION A--INCREASING AMERICAN ENERGY PRODUCTION, EXPORTS,
INFRASTRUCTURE, AND CRITICAL MINERALS PROCESSING
Sec. 10001. Securing America's critical minerals supply.
Sec. 10002. Protecting American energy production.
Sec. 10003. Researching efficient Federal improvements for necessary
energy refining.
Sec. 10004. Promoting cross-border energy infrastructure.
Sec. 10005. Sense of Congress expressing disapproval of the revocation
of the Presidential permit for the Keystone
XL pipeline.
Sec. 10006. Sense of Congress opposing restrictions on the export of
crude oil or other petroleum products.
Sec. 10007. Unlocking our domestic LNG potential.
Sec. 10008. Promoting interagency coordination for review of natural
gas pipelines.
Sec. 10009. Interim hazardous waste permits for critical energy
resource facilities.
Sec. 10010. Flexible air permits for critical energy resource
facilities.
Sec. 10011. National security or energy security waivers to produce
critical energy resources.
Sec. 10012. Ending future delays in chemical substance review for
critical energy resources.
Sec. 10013. Natural gas tax repeal.
Sec. 10014. Repeal of greenhouse gas reduction fund.
Sec. 10015. Keeping America's refineries operating.
Sec. 10016. Homeowner energy freedom.
SEC. 10001. SECURING AMERICA'S CRITICAL MINERALS SUPPLY.
(a) Amendment to the Department of Energy Organization Act.--The
Department of Energy Organization Act (42 U.S.C. 7101 et seq.) is
amended--
(1) in section 2, by adding at the end the following:
``(d) As used in sections 102(20) and 203(a)(12), the term
`critical energy resource' means any energy resource--
``(1) that is essential to the energy sector and energy
systems of the United States; and
``(2) the supply chain of which is vulnerable to
disruption.'';
(2) in section 102, by adding at the end the following:
``(20) To ensure there is an adequate and reliable supply
of critical energy resources that are essential to the energy
security of the United States.''; and
(3) in section 203(a), by adding at the end the following:
``(12) Functions that relate to securing the supply of
critical energy resources, including identifying and mitigating
the effects of a disruption of such supply on--
``(A) the development and use of energy
technologies; and
``(B) the operation of energy systems.''.
(b) Securing Critical Energy Resource Supply Chains.--
(1) In general.--In carrying out the requirements of the
Department of Energy Organization Act (42 U.S.C. 7101 et seq.),
the Secretary of Energy, in consultation with the appropriate
Federal agencies, representatives of the energy sector, States,
and other stakeholders, shall--
(A) conduct ongoing assessments of--
(i) energy resource criticality based on
the importance of critical energy resources to
the development of energy technologies and the
supply of energy;
(ii) the critical energy resource supply
chain of the United States;
(iii) the vulnerability of such supply
chain; and
(iv) how the energy security of the United
States is affected by the reliance of the
United States on importation of critical energy
resources;
(B) facilitate development of strategies to
strengthen critical energy resource supply chains in
the United States, including by--
(i) diversifying the sources of the supply
of critical energy resources; and
(ii) increasing domestic production,
separation, and processing of critical energy
resources;
(C) develop substitutes and alternatives to
critical energy resources; and
(D) improve technology that reuses and recycles
critical energy resources.
(2) Critical energy resource defined.--In this section, the
term ``critical energy resource'' has the meaning given such
term in section 2 of the Department of Energy Organization Act
(42 U.S.C. 7101).
SEC. 10002. PROTECTING AMERICAN ENERGY PRODUCTION.
(a) Sense of Congress.--It is the sense of Congress that States
should maintain primacy for the regulation of hydraulic fracturing for
oil and natural gas production on State and private lands.
(b) Prohibition on Declaration of a Moratorium on Hydraulic
Fracturing.--Notwithstanding any other provision of law, the President
may not declare a moratorium on the use of hydraulic fracturing unless
such moratorium is authorized by an Act of Congress.
SEC. 10003. RESEARCHING EFFICIENT FEDERAL IMPROVEMENTS FOR NECESSARY
ENERGY REFINING.
Not later than 90 days after the date of enactment of this section,
the Secretary of Energy shall direct the National Petroleum Council
to--
(1) submit to the Secretary of Energy and Congress a report
containing--
(A) an examination of the role of petrochemical
refineries located in the United States and the
contributions of such petrochemical refineries to the
energy security of the United States, including the
reliability of supply in the United States of liquid
fuels and feedstocks, and the affordability of liquid
fuels for consumers in the United States;
(B) analyses and projections with respect to--
(i) the capacity of petrochemical
refineries located in the United States;
(ii) opportunities for expanding such
capacity; and
(iii) the risks to petrochemical refineries
located in the United States;
(C) an assessment of any Federal or State executive
actions, regulations, or policies that have caused or
contributed to a decline in the capacity of
petrochemical refineries located in the United States;
and
(D) any recommendations for Federal agencies and
Congress to encourage an increase in the capacity of
petrochemical refineries located in the United States;
and
(2) make publicly available the report submitted under
paragraph (1).
SEC. 10004. PROMOTING CROSS-BORDER ENERGY INFRASTRUCTURE.
(a) Authorization of Certain Energy Infrastructure Projects at an
International Boundary of the United States.--
(1) Authorization.--Except as provided in paragraph (3) and
subsection (d), no person may construct, connect, operate, or
maintain a border-crossing facility for the import or export of
oil or natural gas, or the transmission of electricity, across
an international border of the United States without obtaining
a certificate of crossing for the border-crossing facility
under this subsection.
(2) Certificate of crossing.--
(A) Requirement.--Not later than 120 days after
final action is taken, by the relevant official or
agency identified under subparagraph (B), under the
National Environmental Policy Act of 1969 (42 U.S.C.
4321 et seq.) with respect to a border-crossing
facility for which a person requests a certificate of
crossing under this subsection, the relevant official
or agency, in consultation with appropriate Federal
agencies, shall issue a certificate of crossing for the
border-crossing facility unless the relevant official
or agency finds that the construction, connection,
operation, or maintenance of the border-crossing
facility is not in the public interest of the United
States.
(B) Relevant official or agency.--The relevant
official or agency referred to in subparagraph (A) is--
(i) the Federal Energy Regulatory
Commission with respect to border-crossing
facilities consisting of oil or natural gas
pipelines; and
(ii) the Secretary of Energy with respect
to border-crossing facilities consisting of
electric transmission facilities.
(C) Additional requirement for electric
transmission facilities.--In the case of a request for
a certificate of crossing for a border-crossing
facility consisting of an electric transmission
facility, the Secretary of Energy shall require, as a
condition of issuing the certificate of crossing under
subparagraph (A), that the border-crossing facility be
constructed, connected, operated, or maintained
consistent with all applicable policies and standards
of--
(i) the Electric Reliability Organization
and the applicable regional entity; and
(ii) any Regional Transmission Organization
or Independent System Operator with operational
or functional control over the border-crossing
facility.
(3) Exclusions.--This subsection shall not apply to any
construction, connection, operation, or maintenance of a
border-crossing facility for the import or export of oil or
natural gas, or the transmission of electricity--
(A) if the border-crossing facility is operating
for such import, export, or transmission as of the date
of enactment of this Act;
(B) if a Presidential permit (or similar permit)
for the construction, connection, operation, or
maintenance has been issued pursuant to any provision
of law or Executive order; or
(C) if an application for a Presidential permit (or
similar permit) for the construction, connection,
operation, or maintenance is pending on the date of
enactment of this Act, until the earlier of--
(i) the date on which such application is
denied; or
(ii) 2 years after the date of enactment of
this Act, if such a permit has not been issued
by such date of enactment.
(4) Effect of other laws.--
(A) Application to projects.--Nothing in this
subsection or subsection (d) shall affect the
application of any other Federal statute to a project
for which a certificate of crossing for a border-
crossing facility is requested under this subsection.
(B) Natural gas act.--Nothing in this subsection or
subsection (d) shall affect the requirement to obtain
approval or authorization under sections 3 and 7 of the
Natural Gas Act (15 U.S.C. 717b, 717f) for the siting,
construction, or operation of any facility to import or
export natural gas.
(C) Oil pipelines.--Nothing in this subsection or
subsection (d) shall affect the authority of the
Federal Energy Regulatory Commission with respect to
oil pipelines under section 60502 of title 49, United
States Code.
(b) Transmission of Electric Energy to Canada and Mexico.--
(1) Repeal of requirement to secure order.--Section 202(e)
of the Federal Power Act (16 U.S.C. 824a(e)) is repealed.
(2) Conforming amendments.--
(A) State regulations.--Section 202(f) of the
Federal Power Act (16 U.S.C. 824a(f)) is amended by
striking ``insofar as such State regulation does not
conflict with the exercise of the Commission's powers
under or relating to subsection 202(e)''.
(B) Seasonal diversity electricity exchange.--
Section 602(b) of the Public Utility Regulatory
Policies Act of 1978 (16 U.S.C. 824a-4(b)) is amended
by striking ``the Commission has conducted hearings and
made the findings required under section 202(e) of the
Federal Power Act'' and all that follows through the
period at the end and inserting ``the Secretary has
conducted hearings and finds that the proposed
transmission facilities would not impair the
sufficiency of electric supply within the United States
or would not impede or tend to impede the coordination
in the public interest of facilities subject to the
jurisdiction of the Secretary.''.
(c) No Presidential Permit Required.--No Presidential permit (or
similar permit) shall be required pursuant to any provision of law or
Executive order for the construction, connection, operation, or
maintenance of an oil or natural gas pipeline or electric transmission
facility, or any border-crossing facility thereof.
(d) Modifications to Existing Projects.--No certificate of crossing
under subsection (a), or Presidential permit (or similar permit), shall
be required for a modification to--
(1) an oil or natural gas pipeline or electric transmission
facility that is operating for the import or export of oil or
natural gas or the transmission of electricity as of the date
of enactment of this Act;
(2) an oil or natural gas pipeline or electric transmission
facility for which a Presidential permit (or similar permit)
has been issued pursuant to any provision of law or Executive
order; or
(3) a border-crossing facility for which a certificate of
crossing has previously been issued under subsection (a).
(e) Prohibition on Revocation of Presidential Permits.--
Notwithstanding any other provision of law, the President may not
revoke a Presidential permit (or similar permit) issued pursuant to
Executive Order 13337 (3 U.S.C. 301 note), Executive Order 11423 (3
U.S.C. 301 note), Executive Order 12038 (43 Fed. Reg. 4957), Executive
Order 10485 (18 Fed. Reg. 5397), or any other Executive order for the
construction, connection, operation, or maintenance of an oil or
natural gas pipeline or electric transmission facility, or any border-
crossing facility thereof, unless such revocation is authorized by an
Act of Congress.
(f) Effective Date; Rulemaking Deadlines.--
(1) Effective date.--Subsections (a) through (d), and the
amendments made by such subsections, shall take effect on the
date that is 1 year after the date of enactment of this Act.
(2) Rulemaking deadlines.--Each relevant official or agency
described in subsection (a)(2)(B) shall--
(A) not later than 180 days after the date of
enactment of this Act, publish in the Federal Register
notice of a proposed rulemaking to carry out the
applicable requirements of subsection (a); and
(B) not later than 1 year after the date of
enactment of this Act, publish in the Federal Register
a final rule to carry out the applicable requirements
of subsection (a).
(g) Definitions.--In this section:
(1) Border-crossing facility.--The term ``border-crossing
facility'' means the portion of an oil or natural gas pipeline
or electric transmission facility that is located at an
international boundary of the United States.
(2) Modification.--The term ``modification'' includes a
reversal of flow direction, change in ownership, change in flow
volume, addition or removal of an interconnection, or an
adjustment to maintain flow (such as a reduction or increase in
the number of pump or compressor stations).
(3) Natural gas.--The term ``natural gas'' has the meaning
given that term in section 2 of the Natural Gas Act (15 U.S.C.
717a).
(4) Oil.--The term ``oil'' means petroleum or a petroleum
product.
(5) Electric reliability organization; regional entity.--
The terms ``Electric Reliability Organization'' and ``regional
entity'' have the meanings given those terms in section 215(a)
of the Federal Power Act (16 U.S.C. 824o(a)).
(6) Independent system operator; regional transmission
organization.--The terms ``Independent System Operator'' and
``Regional Transmission Organization'' have the meanings given
those terms in section 3 of the Federal Power Act (16 U.S.C.
796).
SEC. 10005. SENSE OF CONGRESS EXPRESSING DISAPPROVAL OF THE REVOCATION
OF THE PRESIDENTIAL PERMIT FOR THE KEYSTONE XL PIPELINE.
(a) Findings.--Congress finds the following:
(1) On March 29, 2019, TransCanada Keystone Pipeline, L.P.,
was granted a Presidential permit to construct, connect,
operate, and maintain the Keystone XL pipeline.
(2) On January 20, 2021, President Biden issued Executive
Order 13990 (86 Fed. Reg. 7037) that revoked the March 2019
Presidential permit for the Keystone XL.
(b) Sense of Congress.--It is the sense of Congress that Congress
disapproves of the revocation by President Biden of the Presidential
permit for the Keystone XL pipeline.
SEC. 10006. SENSE OF CONGRESS OPPOSING RESTRICTIONS ON THE EXPORT OF
CRUDE OIL OR OTHER PETROLEUM PRODUCTS.
(a) Findings.--Congress finds the following:
(1) The United States has enjoyed a renaissance in energy
production, with the expansion of domestic crude oil and other
petroleum product production contributing to enhanced energy
security and significant economic benefits to the national
economy.
(2) In 2015, Congress recognized the need to adapt to
changing crude oil market conditions and repealed all
restrictions on the export of crude oil on a bipartisan basis.
(3) Section 101 of title I of division O of the
Consolidated Appropriations Act, 2016 (42 U.S.C. 6212a)
established the national policy on oil export restriction,
prohibiting any official of the Federal Government from
imposing or enforcing any restrictions on the export of crude
oil with limited exceptions, including a savings clause
maintaining the authority to prohibit exports under any
provision of law that imposes sanctions on a foreign person or
foreign government (including any provision of law that
prohibits or restricts United States persons from engaging in a
transaction with a sanctioned person or government), including
a foreign government that is designated as a state sponsor of
terrorism.
(4) Lifting the restrictions on crude oil exports
encouraged additional domestic energy production, created
American jobs and economic development, and allowed the United
States to emerge as the leading oil producer in the world.
(5) In 2019, the United States became a net exporter of
petroleum products for the first time since 1952, and the
reliance of the United States on foreign imports of petroleum
products has declined to historic lows.
(6) Free trade, open markets, and competition have
contributed to the rise of the United States as a global energy
superpower.
(b) Sense of Congress.--It is the sense of Congress that the
Federal Government should not impose--
(1) overly restrictive regulations on the exploration,
production, or marketing of energy resources; or
(2) any restrictions on the export of crude oil or other
petroleum products under the Energy Policy and Conservation Act
(42 U.S.C. 6201 et seq.), except with respect to the export of
crude oil or other petroleum products to a foreign person or
foreign government subject to sanctions under any provision of
United States law, including to a country the government of
which is designated as a state sponsor of terrorism.
SEC. 10007. UNLOCKING OUR DOMESTIC LNG POTENTIAL.
Section 3 of the Natural Gas Act (15 U.S.C. 717b) is amended--
(1) by striking subsections (a) through (c);
(2) by redesignating subsections (e) and (f) as subsections
(a) and (b), respectively;
(3) by redesignating subsection (d) as subsection (c), and
moving such subsection after subsection (b), as so
redesignated;
(4) in subsection (a), as so redesignated, by amending
paragraph (1) to read as follows:
``(1) The Federal Energy Regulatory Commission (in this
subsection referred to as the `Commission') shall have the
exclusive authority to approve or deny an application for
authorization for the siting, construction, expansion, or
operation of a facility to export natural gas from the United
States to a foreign country or import natural gas from a
foreign country, including an LNG terminal. In determining
whether to approve or deny an application under this paragraph,
the Commission shall deem the exportation or importation of
natural gas to be consistent with the public interest. Except
as specifically provided in this Act, nothing in this Act is
intended to affect otherwise applicable law related to any
Federal agency's authorities or responsibilities related to
facilities to import or export natural gas, including LNG
terminals.''; and
(5) by adding at the end the following new subsection:
``(d)(1) Nothing in this Act limits the authority of the President
under the Constitution, the International Emergency Economic Powers Act
(50 U.S.C. 1701 et seq.), the National Emergencies Act (50 U.S.C. 1601
et seq.), part B of title II of the Energy Policy and Conservation Act
(42 U.S.C. 6271 et seq.), the Trading with the enemy Act (50 U.S.C.
4301 et seq.), or any other provision of law that imposes sanctions on
a foreign person or foreign government (including any provision of law
that prohibits or restricts United States persons from engaging in a
transaction with a sanctioned person or government), including a
country that is designated as a state sponsor of terrorism, to prohibit
imports or exports.
``(2) In this subsection, the term `state sponsor of terrorism'
means a country the government of which the Secretary of State
determines has repeatedly provided support for international terrorism
pursuant to--
``(A) section 1754(c)(1)(A) of the Export Control Reform
Act of 2018 (50 U.S.C. 4813(c)(1)(A));
``(B) section 620A of the Foreign Assistance Act of 1961
(22 U.S.C. 2371);
``(C) section 40 of the Arms Export Control Act (22 U.S.C.
2780); or
``(D) any other provision of law.''.
SEC. 10008. PROMOTING INTERAGENCY COORDINATION FOR REVIEW OF NATURAL
GAS PIPELINES.
(a) Definitions.--In this section:
(1) Commission.--The term ``Commission'' means the Federal
Energy Regulatory Commission.
(2) Federal authorization.--The term ``Federal
authorization'' has the meaning given that term in section
15(a) of the Natural Gas Act (15 U.S.C. 717n(a)).
(3) NEPA review.--The term ``NEPA review'' means the
process of reviewing a proposed Federal action under section
102 of the National Environmental Policy Act of 1969 (42 U.S.C.
4332).
(4) Project-related nepa review.--The term ``project-
related NEPA review'' means any NEPA review required to be
conducted with respect to the issuance of an authorization
under section 3 of the Natural Gas Act (15 U.S.C. 717b) or a
certificate of public convenience and necessity under section 7
of such Act (15 U.S.C. 717f).
(b) Commission NEPA Review Responsibilities.--In acting as the lead
agency under section 15(b)(1) of the Natural Gas Act (15 U.S.C.
717n(b)(1)) for the purposes of complying with the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) with respect
to an authorization under section 3 of the Natural Gas Act (15 U.S.C.
717b) or a certificate of public convenience and necessity under
section 7 of such Act (15 U.S.C. 717f), the Commission shall, in
accordance with this section and other applicable Federal law--
(1) be the only lead agency;
(2) coordinate as early as practicable with each agency
designated as a participating agency under subsection (d)(3) to
ensure that the Commission develops information in conducting
its project-related NEPA review that is usable by the
participating agency in considering an aspect of an application
for a Federal authorization for which the agency is
responsible; and
(3) take such actions as are necessary and proper to
facilitate the expeditious resolution of its project-related
NEPA review.
(c) Deference to Commission.--In making a decision with respect to
a Federal authorization required with respect to an application for
authorization under section 3 of the Natural Gas Act (15 U.S.C. 717b)
or a certificate of public convenience and necessity under section 7 of
such Act (15 U.S.C. 717f), each agency shall give deference, to the
maximum extent authorized by law, to the scope of the project-related
NEPA review that the Commission determines to be appropriate.
(d) Participating Agencies.--
(1) Identification.--The Commission shall identify, not
later than 30 days after the Commission receives an application
for an authorization under section 3 of the Natural Gas Act (15
U.S.C. 717b) or a certificate of public convenience and
necessity under section 7 of such Act (15 U.S.C. 717f), any
Federal or State agency, local government, or Indian Tribe that
may issue a Federal authorization or is required by Federal law
to consult with the Commission in conjunction with the issuance
of a Federal authorization required for such authorization or
certificate.
(2) Invitation.--
(A) In general.--Not later than 45 days after the
Commission receives an application for an authorization
under section 3 of the Natural Gas Act (15 U.S.C. 717b)
or a certificate of public convenience and necessity
under section 7 of such Act (15 U.S.C. 717f), the
Commission shall invite any agency identified under
paragraph (1) to participate in the review process for
the applicable Federal authorization.
(B) Deadline.--An invitation issued under
subparagraph (A) shall establish a deadline by which a
response to the invitation shall be submitted to the
Commission, which may be extended by the Commission for
good cause.
(3) Designation as participating agencies.--Not later than
60 days after the Commission receives an application for an
authorization under section 3 of the Natural Gas Act (15 U.S.C.
717b) or a certificate of public convenience and necessity
under section 7 of such Act (15 U.S.C. 717f), the Commission
shall designate an agency identified under paragraph (1) as a
participating agency with respect to an application for
authorization under section 3 of the Natural Gas Act (15 U.S.C.
717b) or a certificate of public convenience and necessity
under section 7 of such Act (15 U.S.C. 717f) unless the agency
informs the Commission, in writing, by the deadline established
pursuant to paragraph (2)(B), that the agency--
(A) has no jurisdiction or authority with respect
to the applicable Federal authorization;
(B) has no special expertise or information
relevant to any project-related NEPA review; or
(C) does not intend to submit comments for the
record for the project-related NEPA review conducted by
the Commission.
(4) Effect of non-designation.--
(A) Effect on agency.--Any agency that is not
designated as a participating agency under paragraph
(3) with respect to an application for an authorization
under section 3 of the Natural Gas Act (15 U.S.C. 717b)
or a certificate of public convenience and necessity
under section 7 of such Act (15 U.S.C. 717f) may not
request or conduct a NEPA review that is supplemental
to the project-related NEPA review conducted by the
Commission, unless the agency--
(i) demonstrates that such review is
legally necessary for the agency to carry out
responsibilities in considering an aspect of an
application for a Federal authorization; and
(ii) requires information that could not
have been obtained during the project-related
NEPA review conducted by the Commission.
(B) Comments; record.--The Commission shall not,
with respect to an agency that is not designated as a
participating agency under paragraph (3) with respect
to an application for an authorization under section 3
of the Natural Gas Act (15 U.S.C. 717b) or a
certificate of public convenience and necessity under
section 7 of such Act (15 U.S.C. 717f)--
(i) consider any comments or other
information submitted by such agency for the
project-related NEPA review conducted by the
Commission; or
(ii) include any such comments or other
information in the record for such project-
related NEPA review.
(e) Water Quality Impacts.--
(1) In general.--Notwithstanding section 401 of the Federal
Water Pollution Control Act (33 U.S.C. 1341), an applicant for
a Federal authorization shall not be required to provide a
certification under such section with respect to the Federal
authorization.
(2) Coordination.--With respect to any NEPA review for a
Federal authorization to conduct an activity that will directly
result in a discharge into the navigable waters (within the
meaning of the Federal Water Pollution Control Act (33 U.S.C.
1251 et seq.)), the Commission shall identify as an agency
under subsection (d)(1) the State in which the discharge
originates or will originate, or, if appropriate, the
interstate water pollution control agency having jurisdiction
over the navigable waters at the point where the discharge
originates or will originate.
(3) Proposed conditions.--A State or interstate agency
designated as a participating agency pursuant to paragraph (2)
may propose to the Commission terms or conditions for inclusion
in an authorization under section 3 of the Natural Gas Act (15
U.S.C. 717b) or a certificate of public convenience and
necessity under section 7 of such Act (15 U.S.C. 717f) that the
State or interstate agency determines are necessary to ensure
that any activity described in paragraph (2) conducted pursuant
to such authorization or certification will comply with the
applicable provisions of sections 301, 302, 303, 306, and 307
of the Federal Water Pollution Control Act (33 U.S.C. 1311,
1312, 1316, 1317).
(4) Commission consideration of conditions.--The Commission
may include a term or condition in an authorization under
section 3 of the Natural Gas Act (15 U.S.C. 717b) or a
certificate of public convenience and necessity under section 7
of such Act (15 U.S.C. 717f) proposed by a State or interstate
agency under paragraph (3) only if the Commission finds that
the term or condition is necessary to ensure that any activity
described in paragraph (2) conducted pursuant to such
authorization or certification will comply with the applicable
provisions of sections 301, 302, 303, 306, and 307 of the
Federal Water Pollution Control Act (33 U.S.C. 1311, 1312,
1316, 1317).
(f) Schedule.--
(1) Deadline for federal authorizations.--A deadline for a
Federal authorization required with respect to an application
for authorization under section 3 of the Natural Gas Act (15
U.S.C. 717b) or a certificate of public convenience and
necessity under section 7 of such Act (15 U.S.C. 717f) set by
the Commission under section 15(c)(1) of such Act (15 U.S.C.
717n(c)(1)) shall be not later than 90 days after the
Commission completes its project-related NEPA review, unless an
applicable schedule is otherwise established by Federal law.
(2) Concurrent reviews.--Each Federal and State agency--
(A) that may consider an application for a Federal
authorization required with respect to an application
for authorization under section 3 of the Natural Gas
Act (15 U.S.C. 717b) or a certificate of public
convenience and necessity under section 7 of such Act
(15 U.S.C. 717f) shall formulate and implement a plan
for administrative, policy, and procedural mechanisms
to enable the agency to ensure completion of Federal
authorizations in compliance with schedules established
by the Commission under section 15(c)(1) of such Act
(15 U.S.C. 717n(c)(1)); and
(B) in considering an aspect of an application for
a Federal authorization required with respect to an
application for authorization under section 3 of the
Natural Gas Act (15 U.S.C. 717b) or a certificate of
public convenience and necessity under section 7 of
such Act (15 U.S.C. 717f), shall--
(i) formulate and implement a plan to
enable the agency to comply with the schedule
established by the Commission under section
15(c)(1) of such Act (15 U.S.C. 717n(c)(1));
(ii) carry out the obligations of that
agency under applicable law concurrently, and
in conjunction with, the project-related NEPA
review conducted by the Commission, and in
compliance with the schedule established by the
Commission under section 15(c)(1) of such Act
(15 U.S.C. 717n(c)(1)), unless the agency
notifies the Commission in writing that doing
so would impair the ability of the agency to
conduct needed analysis or otherwise carry out
such obligations;
(iii) transmit to the Commission a
statement--
(I) acknowledging receipt of the
schedule established by the Commission
under section 15(c)(1) of the Natural
Gas Act (15 U.S.C. 717n(c)(1)); and
(II) setting forth the plan
formulated under clause (i) of this
subparagraph;
(iv) not later than 30 days after the
agency receives such application for a Federal
authorization, transmit to the applicant a
notice--
(I) indicating whether such
application is ready for processing;
and
(II) if such application is not
ready for processing, that includes a
comprehensive description of the
information needed for the agency to
determine that the application is ready
for processing;
(v) determine that such application for a
Federal authorization is ready for processing
for purposes of clause (iv) if such application
is sufficiently complete for the purposes of
commencing consideration, regardless of whether
supplemental information is necessary to enable
the agency to complete the consideration
required by law with respect to such
application; and
(vi) not less often than once every 90
days, transmit to the Commission a report
describing the progress made in considering
such application for a Federal authorization.
(3) Failure to meet deadline.--If a Federal or State
agency, including the Commission, fails to meet a deadline for
a Federal authorization set forth in the schedule established
by the Commission under section 15(c)(1) of the Natural Gas Act
(15 U.S.C. 717n(c)(1)), not later than 5 days after such
deadline, the head of the relevant Federal agency (including,
in the case of a failure by a State agency, the Federal agency
overseeing the delegated authority) shall notify Congress and
the Commission of such failure and set forth a recommended
implementation plan to ensure completion of the action to which
such deadline applied.
(g) Consideration of Applications for Federal Authorization.--
(1) Issue identification and resolution.--
(A) Identification.--Federal and State agencies
that may consider an aspect of an application for a
Federal authorization shall identify, as early as
possible, any issues of concern that may delay or
prevent an agency from working with the Commission to
resolve such issues and granting such authorization.
(B) Issue resolution.--The Commission may forward
any issue of concern identified under subparagraph (A)
to the heads of the relevant agencies (including, in
the case of an issue of concern that is a failure by a
State agency, the Federal agency overseeing the
delegated authority, if applicable) for resolution.
(2) Remote surveys.--If a Federal or State agency
considering an aspect of an application for a Federal
authorization requires the person applying for such
authorization to submit data, the agency shall consider any
such data gathered by aerial or other remote means that the
person submits. The agency may grant a conditional approval for
the Federal authorization based on data gathered by aerial or
remote means, conditioned on the verification of such data by
subsequent onsite inspection.
(3) Application processing.--The Commission, and Federal
and State agencies, may allow a person applying for a Federal
authorization to fund a third-party contractor to assist in
reviewing the application for such authorization.
(h) Accountability, Transparency, Efficiency.--For an application
for an authorization under section 3 of the Natural Gas Act (15 U.S.C.
717b) or a certificate of public convenience and necessity under
section 7 of such Act (15 U.S.C. 717f) that requires multiple Federal
authorizations, the Commission, with input from any Federal or State
agency considering an aspect of the application, shall track and make
available to the public on the Commission's website information related
to the actions required to complete the Federal authorizations. Such
information shall include the following:
(1) The schedule established by the Commission under
section 15(c)(1) of the Natural Gas Act (15 U.S.C. 717n(c)(1)).
(2) A list of all the actions required by each applicable
agency to complete permitting, reviews, and other actions
necessary to obtain a final decision on the application.
(3) The expected completion date for each such action.
(4) A point of contact at the agency responsible for each
such action.
(5) In the event that an action is still pending as of the
expected date of completion, a brief explanation of the reasons
for the delay.
(i) Pipeline Security.--In considering an application for an
authorization under section 3 of the Natural Gas Act (15 U.S.C. 717b)
or a certificate of public convenience and necessity under section 7 of
such Act (15 U.S.C. 717f), the Commission shall consult with the
Administrator of the Transportation Security Administration regarding
the applicant's compliance with security guidance and best practice
recommendations of the Administration regarding pipeline infrastructure
security, pipeline cybersecurity, pipeline personnel security, and
other pipeline security measures.
SEC. 10009. INTERIM HAZARDOUS WASTE PERMITS FOR CRITICAL ENERGY
RESOURCE FACILITIES.
Section 3005(e) of the Solid Waste Disposal Act (42 U.S.C. 6925(e))
is amended--
(1) in paragraph (1)(A)--
(A) in clause (i), by striking ``or'' at the end;
(B) in clause (ii), by inserting ``or'' after
``this section,''; and
(C) by adding at the end the following:
``(iii) is a critical energy resource facility,'';
and
(2) by adding at the end the following:
``(4) Definitions.--For the purposes of this subsection:
``(A) Critical energy resource.--The term `critical energy
resource' means, as determined by the Secretary of Energy, any
energy resource--
``(i) that is essential to the energy sector and
energy systems of the United States; and
``(ii) the supply chain of which is vulnerable to
disruption.
``(B) Critical energy resource facility.--The term
`critical energy resource facility' means a facility that
processes or refines a critical energy resource.''.
SEC. 10010. FLEXIBLE AIR PERMITS FOR CRITICAL ENERGY RESOURCE
FACILITIES.
(a) In General.--The Administrator of the Environmental Protection
Agency shall, as necessary, revise regulations under parts 70 and 71 of
title 40, Code of Federal Regulations, to--
(1) authorize the owner or operator of a critical energy
resource facility to utilize flexible air permitting (as
described in the final rule entitled ``Operating Permit
Programs; Flexible Air Permitting Rule'' published by the
Environmental Protection Agency in the Federal Register on
October 6, 2009 (74 Fed. Reg. 51418)) with respect to such
critical energy resource facility; and
(2) facilitate flexible, market-responsive operations (as
described in the final rule identified in paragraph (1)) with
respect to critical energy resource facilities.
(b) Definitions.--In this section:
(1) Critical energy resource.--The term ``critical energy
resource'' means, as determined by the Secretary of Energy, any
energy resource--
(A) that is essential to the energy sector and
energy systems of the United States; and
(B) the supply chain of which is vulnerable to
disruption.
(2) Critical energy resource facility.--The term ``critical
energy resource facility'' means a facility that processes or
refines a critical energy resource.
SEC. 10011. NATIONAL SECURITY OR ENERGY SECURITY WAIVERS TO PRODUCE
CRITICAL ENERGY RESOURCES.
(a) Clean Air Act Requirements.--
(1) In general.--If the Administrator of the Environmental
Protection Agency, in consultation with the Secretary of
Energy, determines that, by reason of a sudden increase in
demand for, or a shortage of, a critical energy resource, or
another cause, the processing or refining of a critical energy
resource at a critical energy resource facility is necessary to
meet the national security or energy security needs of the
United States, then the Administrator may, with or without
notice, hearing, or other report, issue a temporary waiver of
any requirement under the Clean Air Act (42 U.S.C. 7401 et
seq.) with respect to such critical energy resource facility
that, in the judgment of the Administrator, will allow for such
processing or refining at such critical energy resource
facility as necessary to best meet such needs and serve the
public interest.
(2) Conflict with other environmental laws.--The
Administrator shall ensure that any waiver of a requirement
under the Clean Air Act (42 U.S.C. 7401 et seq.) under this
subsection, to the maximum extent practicable, does not result
in a conflict with a requirement of any other applicable
Federal, State, or local environmental law or regulation and
minimizes any adverse environmental impacts.
(3) Violations of other environmental laws.--To the extent
any omission or action taken by a party under a waiver issued
under this subsection is in conflict with any requirement of a
Federal, State, or local environmental law or regulation, such
omission or action shall not be considered a violation of such
environmental law or regulation, or subject such party to any
requirement, civil or criminal liability, or a citizen suit
under such environmental law or regulation.
(4) Expiration and renewal of waivers.--A waiver issued
under this subsection shall expire not later than 90 days after
it is issued. The Administrator may renew or reissue such
waiver pursuant to paragraphs (1) and (2) for subsequent
periods, not to exceed 90 days for each period, as the
Administrator determines necessary to meet the national
security or energy security needs described in paragraph (1)
and serve the public interest. In renewing or reissuing a
waiver under this paragraph, the Administrator shall include in
any such renewed or reissued waiver such conditions as are
necessary to minimize any adverse environmental impacts to the
extent practicable.
(5) Subsequent action by court.--If a waiver issued under
this subsection is subsequently stayed, modified, or set aside
by a court pursuant a provision of law, any omission or action
previously taken by a party under the waiver while the waiver
was in effect shall remain subject to paragraph (3).
(6) Critical energy resource; critical energy resource
facility defined.--In this subsection, the terms ``critical
energy resource'' and ``critical energy resource facility''
have the meanings given such terms in section 3025(f) of the
Solid Waste Disposal Act (as added by this section).
(b) Solid Waste Disposal Act Requirements.--
(1) Hazardous waste management.--The Solid Waste Disposal
Act (42 U.S.C. 6901 et seq.) is amended by inserting after
section 3024 the following:
``SEC. 3025. WAIVERS FOR CRITICAL ENERGY RESOURCE FACILITIES.
``(a) In General.--If the Administrator, in consultation with the
Secretary of Energy, determines that, by reason of a sudden increase in
demand for, or a shortage of, a critical energy resource, or another
cause, the processing or refining of a critical energy resource at a
critical energy resource facility is necessary to meet the national
security or energy security needs of the United States, then the
Administrator may, with or without notice, hearing, or other report,
issue a temporary waiver of any covered requirement with respect to
such critical energy resource facility that, in the judgment of the
Administrator, will allow for such processing or refining at such
critical energy resource facility as necessary to best meet such needs
and serve the public interest.
``(b) Conflict With Other Environmental Laws.--The Administrator
shall ensure that any waiver of a covered requirement under this
section, to the maximum extent practicable, does not result in a
conflict with a requirement of any other applicable Federal, State, or
local environmental law or regulation and minimizes any adverse
environmental impacts.
``(c) Violations of Other Environmental Laws.--To the extent any
omission or action taken by a party under a waiver issued under this
section is in conflict with any requirement of a Federal, State, or
local environmental law or regulation, such omission or action shall
not be considered a violation of such environmental law or regulation,
or subject such party to any requirement, civil or criminal liability,
or a citizen suit under such environmental law or regulation.
``(d) Expiration and Renewal of Waivers.--A waiver issued under
this section shall expire not later than 90 days after it is issued.
The Administrator may renew or reissue such waiver pursuant to
subsections (a) and (b) for subsequent periods, not to exceed 90 days
for each period, as the Administrator determines necessary to meet the
national security or energy security needs described in subsection (a)
and serve the public interest. In renewing or reissuing a waiver under
this subsection, the Administrator shall include in any such renewed or
reissued waiver such conditions as are necessary to minimize any
adverse environmental impacts to the extent practicable.
``(e) Subsequent Action by Court.--If a waiver issued under this
section is subsequently stayed, modified, or set aside by a court
pursuant a provision of law, any omission or action previously taken by
a party under the waiver while the waiver was in effect shall remain
subject to subsection (c).
``(f) Definitions.--In this section:
``(1) Covered requirement.--The term `covered requirement'
means--
``(A) any standard established under section 3002,
3003, or 3004;
``(B) the permit requirement under section 3005; or
``(C) any other requirement of this Act, as the
Administrator determines appropriate.
``(2) Critical energy resource.--The term `critical energy
resource' means, as determined by the Secretary of Energy, any
energy resource--
``(A) that is essential to the energy sector and
energy systems of the United States; and
``(B) the supply chain of which is vulnerable to
disruption.
``(3) Critical energy resource facility.--The term
`critical energy resource facility' means a facility that
processes or refines a critical energy resource.''.
(2) Table of contents.--The table of contents of the Solid
Waste Disposal Act (42 U.S.C. 6901 note; Public Law 89-272) is
amended by inserting after the item relating to section 3024
the following:
``Sec. 3025. Waivers for critical energy resource facilities.''.
SEC. 10012. ENDING FUTURE DELAYS IN CHEMICAL SUBSTANCE REVIEW FOR
CRITICAL ENERGY RESOURCES.
Section 5(a) of the Toxic Substances Control Act (15 U.S.C.
2604(a)) is amended by adding at the end the following:
``(6) Critical energy resources.--
``(A) Standard.--For purposes of a determination
under paragraph (3) with respect to a chemical
substance that is a critical energy resource, the
Administrator shall take into consideration economic,
societal, and environmental costs and benefits,
notwithstanding any requirement of this section to not
take such factors into consideration.
``(B) Failure to render determination.--
``(i) Actions authorized.--If, with respect
to a chemical substance that is a critical
energy resource, the Administrator fails to
make a determination on a notice under
paragraph (3) by the end of the applicable
review period and the notice has not been
withdrawn by the submitter, the submitter may
take the actions described in paragraph (1)(A)
with respect to the chemical substance, and the
Administrator shall be relieved of any
requirement to make such determination.
``(ii) Non-duplication.--A refund of
applicable fees under paragraph (4)(A) shall
not be made if a submitter takes an action
described in paragraph (1)(A) under this
subparagraph.
``(C) Prerequisite for suggestion of withdrawal or
suspension.--The Administrator may not suggest to, or
request of, a submitter of a notice under this
subsection for a chemical substance that is a critical
energy resource that such submitter withdraw such
notice, or request a suspension of the running of the
applicable review period with respect to such notice,
unless the Administrator has--
``(i) conducted a preliminary review of
such notice; and
``(ii) provided to the submitter a draft of
a determination under paragraph (3), including
any supporting information.
``(D) Definition.--For purposes of this paragraph,
the term `critical energy resource' means, as
determined by the Secretary of Energy, any energy
resource--
``(i) that is essential to the energy
sector and energy systems of the United States;
and
``(ii) the supply chain of which is
vulnerable to disruption.''.
SEC. 10013. NATURAL GAS TAX REPEAL.
(a) Repeal.--Section 136 of the Clean Air Act (42 U.S.C. 7436)
(relating to methane emissions and waste reduction incentive program
for petroleum and natural gas systems) is repealed.
(b) Rescission.--The unobligated balance of any amounts made
available under section 136 of the Clean Air Act (42 U.S.C. 7436) (as
in effect on the day before the date of enactment of this Act) is
rescinded.
SEC. 10014. REPEAL OF GREENHOUSE GAS REDUCTION FUND.
(a) Repeal.--Section 134 of the Clean Air Act (42 U.S.C. 7434)
(relating to the greenhouse gas reduction fund) is repealed.
(b) Rescission.--The unobligated balance of any amounts made
available under section 134 of the Clean Air Act (42 U.S.C. 7434) (as
in effect on the day before the date of enactment of this Act) is
rescinded.
(c) Conforming Amendment.--Section 60103 of Public Law 117-169
(relating to the greenhouse gas reduction fund) is repealed.
SEC. 10015. KEEPING AMERICA'S REFINERIES OPERATING.
(a) In General.--The owner or operator of a stationary source
described in subsection (b) of this section shall not be required by
the regulations promulgated under section 112(r)(7)(B) of the Clean Air
Act (42 U.S.C. 7412(r)(7)(B)) to include in any hazard assessment under
clause (ii) of such section 112(r)(7)(B) an assessment of safer
technology and alternative risk management measures with respect to the
use of hydrofluoric acid in an alkylation unit.
(b) Stationary Source Described.--A stationary source described in
this subsection is a stationary source (as defined in section
112(r)(2)(C) of the Clean Air Act (42 U.S.C. 7412(r)(2)(C))) in North
American Industry Classification System code 324--
(1) for which a construction permit or operating permit has
been issued pursuant to the Clean Air Act (42 U.S.C. 7401 et
seq.); or
(2) for which the owner or operator demonstrates to the
Administrator of the Environmental Protection Agency that such
stationary source conforms or will conform to the most recent
version of American Petroleum Institute Recommended Practice
751.
SEC. 10016. HOMEOWNER ENERGY FREEDOM.
(a) In General.--The following are repealed:
(1) Section 50122 of Public Law 117-169 (42 U.S.C. 18795a)
(relating to a high-efficiency electric home rebate program).
(2) Section 50123 of Public Law 117-169 (42 U.S.C. 18795b)
(relating to State-based home energy efficiency contractor
training grants).
(3) Section 50131 of Public Law 117-169 (136 Stat. 2041)
(relating to assistance for latest and zero building energy
code adoption).
(b) Rescissions.--The unobligated balances of any amounts made
available under each of sections 50122, 50123, and 50131 of Public Law
117-169 (42 U.S.C. 18795a, 18795b; 136 Stat. 2041) (as in effect on the
day before the date of enactment of this Act) are rescinded.
(c) Conforming Amendment.--Section 50121(c)(7) of Public Law 117-
169 (42 U.S.C. 18795(c)(7)) is amended by striking ``, including a
rebate provided under a high-efficiency electric home rebate program
(as defined in section 50122(d)),''.
DIVISION B--TRANSPARENCY, ACCOUNTABILITY, PERMITTING, AND PRODUCTION OF
AMERICAN RESOURCES
SEC. 20001. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This division may be cited as the ``Transparency,
Accountability, Permitting, and Production of American Resources Act''
or the ``TAPP American Resources Act''.
(b) Table of Contents.--The table of contents for this division is
as follows:
DIVISION B--TRANSPARENCY, ACCOUNTABILITY, PERMITTING, AND PRODUCTION OF
AMERICAN RESOURCES
Sec. 20001. Short title; table of contents.
TITLE I--ONSHORE AND OFFSHORE LEASING AND OVERSIGHT
Sec. 20101. Onshore oil and gas leasing.
Sec. 20102. Lease reinstatement.
Sec. 20103. Protested lease sales.
Sec. 20104. Suspension of operations.
Sec. 20105. Administrative protest process reform.
Sec. 20106. Leasing and permitting transparency.
Sec. 20107. Offshore oil and gas leasing.
Sec. 20108. Five-year plan for offshore oil and gas leasing.
Sec. 20109. Geothermal leasing.
Sec. 20110. Leasing for certain qualified coal applications.
Sec. 20111. Future coal leasing.
Sec. 20112. Staff planning report.
Sec. 20113. Prohibition on Chinese communist party ownership interest.
Sec. 20114. Effect on other law.
TITLE II--PERMITTING STREAMLINING
Sec. 20201. Definitions.
Sec. 20202. BUILDER Act.
Sec. 20203. Codification of National Environmental Policy Act
regulations.
Sec. 20204. Non-major Federal actions.
Sec. 20205. No net loss determination for existing rights-of-way.
Sec. 20206. Determination of National Environmental Policy Act
adequacy.
Sec. 20207. Determination regarding rights-of-way.
Sec. 20208. Terms of rights-of-way.
Sec. 20209. Funding to process permits and develop information
technology.
Sec. 20210. Offshore geological and geophysical survey licensing.
Sec. 20211. Deferral of applications for permits to drill.
Sec. 20212. Processing and terms of applications for permits to drill.
Sec. 20213. Amendments to the Energy Policy Act of 2005.
Sec. 20214. Access to Federal energy resources from non-Federal surface
estate.
Sec. 20215. Scope of environmental reviews for oil and gas leases.
Sec. 20216. Expediting approval of gathering lines.
Sec. 20217. Lease sale litigation.
Sec. 20218. Limitation on claims.
Sec. 20219. Government Accountability Office report on permits to
drill.
Sec. 20220. E-NEPA.
TITLE III--PERMITTING FOR MINING NEEDS
Sec. 20301. Definitions.
Sec. 20302. Minerals supply chain and reliability.
Sec. 20303. Federal Register process improvement.
Sec. 20304. Designation of mining as a covered sector for Federal
permitting improvement purposes.
Sec. 20305. Treatment of actions under Presidential Determination 2022-
11 for Federal permitting improvement
purposes.
Sec. 20306. Notice for mineral exploration activities with limited
surface disturbance.
Sec. 20307. Use of mining claims for ancillary activities.
Sec. 20308. Ensuring consideration of uranium as a critical mineral.
Sec. 20309. Barring foreign bad actors from operating on Federal lands.
TITLE IV--FEDERAL LAND USE PLANNING
Sec. 20401. Federal land use planning and withdrawals.
Sec. 20402. Prohibitions on delay of mineral development of certain
Federal land.
Sec. 20403. Definitions.
TITLE V--ENSURING COMPETITIVENESS ON FEDERAL LANDS
Sec. 20501. Incentivizing domestic production.
TITLE VI--ENERGY REVENUE SHARING
Sec. 20601. Gulf of Mexico outer Continental Shelf revenue.
Sec. 20602. Parity in offshore wind revenue sharing.
Sec. 20603. Elimination of administrative fee under the Mineral Leasing
Act.
TITLE I--ONSHORE AND OFFSHORE LEASING AND OVERSIGHT
SEC. 20101. ONSHORE OIL AND GAS LEASING.
(a) Requirement To Immediately Resume Onshore Oil and Gas Lease
Sales.--
(1) In general.--The Secretary of the Interior shall
immediately resume quarterly onshore oil and gas lease sales in
compliance with the Mineral Leasing Act (30 U.S.C. 181 et
seq.).
(2) Requirement.--The Secretary of the Interior shall
ensure--
(A) that any oil and gas lease sale pursuant to
paragraph (1) is conducted immediately on completion of
all applicable scoping, public comment, and
environmental analysis requirements under the Mineral
Leasing Act (30 U.S.C. 181 et seq.) and the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et
seq.); and
(B) that the processes described in subparagraph
(A) are conducted in a timely manner to ensure
compliance with subsection (b)(1).
(3) Lease of oil and gas lands.--Section 17(b)(1)(A) of the
Mineral Leasing Act (30 U.S.C. 226(b)(1)(A)) is amended by
inserting ``Eligible lands comprise all lands subject to
leasing under this Act and not excluded from leasing by a
statutory or regulatory prohibition. Available lands are those
lands that have been designated as open for leasing under a
land use plan developed under section 202 of the Federal Land
Policy and Management Act of 1976 (43 U.S.C. 1712) and that
have been nominated for leasing through the submission of an
expression of interest, are subject to drainage in the absence
of leasing, or are otherwise designated as available pursuant
to regulations adopted by the Secretary.'' after ``sales are
necessary.''.
(b) Quarterly Lease Sales.--
(1) In general.--In accordance with the Mineral Leasing Act
(30 U.S.C. 181 et seq.), each fiscal year, the Secretary of the
Interior shall conduct a minimum of 4 oil and gas lease sales
in each of the following States:
(A) Wyoming.
(B) New Mexico.
(C) Colorado.
(D) Utah.
(E) Montana.
(F) North Dakota.
(G) Oklahoma.
(H) Nevada.
(I) Alaska.
(J) Any other State in which there is land
available for oil and gas leasing under the Mineral
Leasing Act (30 U.S.C. 181 et seq.) or any other
mineral leasing law.
(2) Requirement.--In conducting a lease sale under
paragraph (1) in a State described in that paragraph, the
Secretary of the Interior shall offer all parcels nominated and
eligible pursuant to the requirements of the Mineral Leasing
Act (30 U.S.C. 181 et seq.) for oil and gas exploration,
development, and production under the resource management plan
in effect for the State.
(3) Replacement sales.--The Secretary of the Interior shall
conduct a replacement sale during the same fiscal year if--
(A) a lease sale under paragraph (1) is canceled,
delayed, or deferred, including for a lack of eligible
parcels; or
(B) during a lease sale under paragraph (1) the
percentage of acreage that does not receive a bid is
equal to or greater than 25 percent of the acreage
offered.
(4) Notice regarding missed sales.--Not later than 30 days
after a sale required under this subsection is canceled,
delayed, deferred, or otherwise missed, the Secretary of the
Interior shall submit to the Committee on Natural Resources of
the House of Representatives and the Committee on Energy and
Natural Resources of the Senate a report that states what sale
was missed and why it was missed.
SEC. 20102. LEASE REINSTATEMENT.
The reinstatement of a lease entered into under the Mineral Leasing
Act (30 U.S.C. 181 et seq.) or the Geothermal Steam Act of 1970 (30
U.S.C. 1001 et seq.) by the Secretary of the Interior shall be not
considered a major Federal action under section 102(2)(C) of the
National Environmental Policy Act of 1969 (42 U.S.C. 4332(2)(C)).
SEC. 20103. PROTESTED LEASE SALES.
Section 17(b)(1)(A) of the Mineral Leasing Act (30 U.S.C.
226(b)(1)(A)) is amended by inserting ``The Secretary shall resolve any
protest to a lease sale not later than 60 days after such payment.''
after ``annual rental for the first lease year.''.
SEC. 20104. SUSPENSION OF OPERATIONS.
Section 17 of the Mineral Leasing Act (30 U.S.C. 226) is amended by
adding at the end the following:
``(r) Suspension of Operations Permits.--In the event that an oil
and gas lease owner has submitted an expression of interest for
adjacent acreage that is part of the nature of the geological play and
has yet to be offered in a lease sale by the Secretary, they may
request a suspension of operations from the Secretary of the Interior
and upon request, the Secretary shall grant the suspension of
operations within 15 days. Any payment of acreage rental or of minimum
royalty prescribed by such lease likewise shall be suspended during
such period of suspension of operations and production; and the term of
such lease shall be extended by adding any such suspension period
thereto.''.
SEC. 20105. ADMINISTRATIVE PROTEST PROCESS REFORM.
Section 17 of the Mineral Leasing Act (30 U.S.C. 226) (as amended
by section 20104) is further amended by adding at the end the
following:
``(s) Protest Filing Fee.--
``(1) In general.--Before processing any protest filed
under this section, the Secretary shall collect a filing fee in
the amount described in paragraph (2) from the protestor to
recover the cost for processing documents filed for each
administrative protest.
``(2) Amount.--The amount described in this paragraph is
calculated as follows:
``(A) For each protest filed in a submission not
exceeding 10 pages in length, the base filing fee shall
be $150.
``(B) For each submission exceeding 10 pages in
length, in addition to the base filing fee, an
assessment of $5 per page in excess of 10 pages shall
apply.
``(C) For protests that include more than one oil
and gas lease parcel, right-of-way, or application for
permit to drill in a submission, an additional
assessment of $10 per additional lease parcel, right-
of-way, or application for permit to drill shall apply.
``(3) Adjustment.--
``(A) In general.--Beginning on January 1, 2024,
and annually thereafter, the Secretary shall adjust the
filing fees established in this subsection to whole
dollar amounts to reflect changes in the Producer Price
Index, as published by the Bureau of Labor Statistics,
for the previous 12 months.
``(B) Publication of adjusted filing fees.--At
least 30 days before the filing fees as adjusted under
this paragraph take effect, the Secretary shall publish
notification of the adjustment of such fees in the
Federal Register.''.
SEC. 20106. LEASING AND PERMITTING TRANSPARENCY.
(a) Report.--Not later than 30 days after the date of enactment of
this Act, and annually thereafter, the Secretary of the Interior shall
submit to the Committee on Natural Resources of the House of
Representatives and the Committee on Energy and Natural Resources of
the Senate a report that describes--
(1) the status of nominated parcels for future onshore oil
and gas and geothermal lease sales, including--
(A) the number of expressions of interest received
each month during the period of 365 days that ends on
the date on which the report is submitted with respect
to which the Bureau of Land Management--
(i) has not taken any action to review;
(ii) has not completed review; or
(iii) has completed review and determined
that the relevant area meets all applicable
requirements for leasing, but has not offered
the relevant area in a lease sale;
(B) how long expressions of interest described in
subparagraph (A) have been pending; and
(C) a plan, including timelines, for how the
Secretary of the Interior plans to--
(i) work through future expressions of
interest to prevent delays;
(ii) put expressions of interest described
in subparagraph (A) into a lease sale; and
(iii) complete review for expressions of
interest described in clauses (i) and (ii) of
subparagraph (A);
(2) the status of each pending application for permit to
drill received during the period of 365 days that ends on the
date on which the report is submitted, including the number of
applications received each month, by each Bureau of Land
Management office, including--
(A) a description of the cause of delay for pending
applications, including as a result of staffing
shortages, technical limitations, incomplete
applications, and incomplete review pursuant to the
National Environmental Policy Act of 1969 (42 U.S.C.
4321 et seq.) or other applicable laws;
(B) the number of days an application has been
pending in violation of section 17(p)(2) of the Mineral
Leasing Act (30 U.S.C. 226(p)(2)); and
(C) a plan for how the office intends to come into
compliance with the requirements of section 17(p)(2) of
the Mineral Leasing Act (30 U.S.C. 226(p)(2));
(3) the number of permits to drill issued each month by
each Bureau of Land Management office during the 5-year period
ending on the date on which the report is submitted;
(4) the status of each pending application for a license
for offshore geological and geophysical surveys received during
the period of 365 days that ends on the date on which the
report is submitted, including the number of applications
received each month, by each Bureau of Ocean Energy management
regional office, including--
(A) a description of any cause of delay for pending
applications, including as a result of staffing
shortages, technical limitations, incomplete
applications, and incomplete review pursuant to the
National Environmental Policy Act of 1969 (42 U.S.C.
4321 et seq.) or other applicable laws;
(B) the number of days an application has been
pending; and
(C) a plan for how the Bureau of Ocean Energy
Management intends to complete review of each
application;
(5) the number of licenses for offshore geological and
geophysical surveys issued each month by each Bureau of Ocean
Energy Management regional office during the 5-year period
ending on the date on which the report is submitted;
(6) the status of each pending application for a permit to
drill received during the period of 365 days that ends on the
date on which the report is submitted, including the number of
applications received each month, by each Bureau of Safety and
Environmental Enforcement regional office, including--
(A) a description of any cause of delay for pending
applications, including as a result of staffing
shortages, technical limitations, incomplete
applications, and incomplete review pursuant to the
National Environmental Policy Act of 1969 (42 U.S.C.
4321 et seq.) or other applicable laws;
(B) the number of days an application has been
pending; and
(C) steps the Bureau of Safety and Environmental
Enforcement is taking to complete review of each
application;
(7) the number of permits to drill issued each month by
each Bureau of Safety and Environmental Enforcement regional
office during the period of 365 days that ends on the date on
which the report is submitted;
(8) how, as applicable, the Bureau of Land Management, the
Bureau of Ocean Energy Management, and the Bureau of Safety and
Environmental Enforcement determines whether to--
(A) issue a license for geological and geophysical
surveys;
(B) issue a permit to drill; and
(C) issue, extend, or suspend an oil and gas lease;
(9) when determinations described in paragraph (8) are sent
to the national office of the Bureau of Land Management, the
Bureau of Ocean Energy Management, or the Bureau of Safety and
Environmental Enforcement for final approval;
(10) the degree to which Bureau of Land Management, Bureau
of Ocean Energy Management, and Bureau of Safety and
Environmental Enforcement field, State, and regional offices
exercise discretion on such final approval;
(11) during the period of 365 days that ends on the date on
which the report is submitted, the number of auctioned leases
receiving accepted bids that have not been issued to winning
bidders and the number of days such leases have not been
issued; and
(12) a description of the uses of application for permit to
drill fees paid by permit holders during the 5-year period
ending on the date on which the report is submitted.
(b) Pending Applications for Permits To Drill.--Not later than 30
days after the date of enactment of this Act, the Secretary of the
Interior shall--
(1) complete all requirements under the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) and
other applicable law that must be met before issuance of a
permit to drill described in paragraph (2); and
(2) issue a permit for all completed applications to drill
that are pending on the date of enactment of this Act.
(c) Public Availability of Data.--
(1) Mineral leasing act.--Section 17 of the Mineral Leasing
Act (30 U.S.C. 226) (as amended by section 20105) is further
amended by adding at the end the following:
``(t) Public Availability of Data.--
``(1) Expressions of interest.--Not later than 30 days
after the date of enactment of this subsection, and each month
thereafter, the Secretary shall publish on the website of the
Department of the Interior the number of pending, approved, and
not approved expressions of interest in nominated parcels for
future onshore oil and gas lease sales in the preceding month.
``(2) Applications for permits to drill.--Not later than 30
days after the date of enactment of this subsection, and each
month thereafter, the Secretary shall publish on the website of
the Department of the Interior the number of pending and
approved applications for permits to drill in the preceding
month in each State office.
``(3) Past data.--Not later than 30 days after the date of
enactment of this subsection, the Secretary shall publish on
the website of the Department of the Interior, with respect to
each month during the 5-year period ending on the date of
enactment of this subsection--
``(A) the number of approved and not approved
expressions of interest for onshore oil and gas lease
sales during such 5-year period; and
``(B) the number of approved and not approved
applications for permits to drill during such 5-year
period.''.
(2) Outer continental shelf lands act.--Section 8 of the
Outer Continental Shelf Lands Act (43 U.S.C. 1337) is amended
by adding at the end the following:
``(q) Public Availability of Data.--
``(1) Offshore geological and geophysical survey
licenses.--Not later than 30 days after the date of enactment
of this subsection, and each month thereafter, the Secretary
shall publish on the website of the Department of the Interior
the number of pending and approved applications for licenses
for offshore geological and geophysical surveys in the
preceding month.
``(2) Applications for permits to drill.--Not later than 30
days after the date of enactment of this subsection, and each
month thereafter, the Secretary shall publish on the website of
the Department of the Interior the number of pending and
approved applications for permits to drill on the outer
Continental Shelf in the preceding month in each regional
office.
``(3) Past data.--Not later than 30 days after the date of
enactment of this subsection, the Secretary shall publish on
the website of the Department of the Interior, with respect
each month during the 5-year period ending on the date of
enactment of this subsection--
``(A) the number of approved applications for
licenses for offshore geological and geophysical
surveys; and
``(B) the number of approved applications for
permits to drill on the outer Continental Shelf.''.
(d) Requirement To Submit Documents and Communications.--
(1) In general.--Not later than 60 days after the date of
the enactment of this Act, the Secretary of the Interior shall
submit to the Committee on Energy and Natural Resources of the
Senate and the Committee on Natural Resources of the House of
Representatives all documents and communications relating to
the comprehensive review of Federal oil and gas permitting and
leasing practices required under section 208 of Executive Order
14008 (42 U.S.C. 4321 note; relating to tackling the climate
crisis at home and abroad).
(2) Inclusions.--The submission under paragraph (1) shall
include all documents and communications submitted to the
Secretary of the Interior by members of the public in response
to any public meeting or forum relating to the comprehensive
review described in that paragraph.
SEC. 20107. OFFSHORE OIL AND GAS LEASING.
(a) In General.--The Secretary shall conduct all lease sales
described in the 2017-2022 Outer Continental Shelf Oil and Gas Leasing
Proposed Final Program (November 2016) that have not been conducted as
of the date of enactment of this Act by not later than September 30,
2023.
(b) Gulf of Mexico Region Annual Lease Sales.--Notwithstanding any
other provision of law, and except within areas subject to existing oil
and gas leasing moratoria beginning in fiscal year 2023, the Secretary
of the Interior shall annually conduct a minimum of 2 region-wide oil
and gas lease sales in the following planning areas of the Gulf of
Mexico region, as described in the 2017-2022 Outer Continental Shelf
Oil and Gas Leasing Proposed Final Program (November 2016):
(1) The Central Gulf of Mexico Planning Area.
(2) The Western Gulf of Mexico Planning Area.
(c) Alaska Region Annual Lease Sales.--Notwithstanding any other
provision of law, beginning in fiscal year 2023, the Secretary of the
Interior shall annually conduct a minimum of 2 region-wide oil and gas
lease sales in the Alaska region of the outer Continental Shelf, as
described in the 2017-2022 Outer Continental Shelf Oil and Gas Leasing
Proposed Final Program (November 2016).
(d) Requirements.--In conducting lease sales under subsections (b)
and (c), the Secretary of the Interior shall--
(1) issue such leases in accordance with the Outer
Continental Shelf Lands Act (43 U.S.C. 1332 et seq.); and
(2) include in each such lease sale all unleased areas that
are not subject to a moratorium as of the date of the lease
sale.
SEC. 20108. FIVE-YEAR PLAN FOR OFFSHORE OIL AND GAS LEASING.
Section 18 of the Outer Continental Shelf Lands Act (43 U.S.C.
1344) is amended--
(1) in subsection (a)--
(A) by striking ``subsections (c) and (d) of this
section, shall prepare and periodically revise,'' and
inserting ``this section, shall issue every five
years'';
(B) by adding at the end the following:
``(5) Each five-year program shall include at least 2 Gulf
of Mexico region-wide lease sales per year.''; and
(C) in paragraph (3), by inserting ``domestic
energy security,'' after ``between'';
(2) by redesignating subsections (f) through (i) as
subsections (h) through (k), respectively; and
(3) by inserting after subsection (e) the following:
``(f) Five-Year Program for 2023-2028.--The Secretary shall issue
the five-year oil and gas leasing program for 2023 through 2028 and
issue the Record of Decision on the Final Programmatic Environmental
Impact Statement by not later than July 1, 2023.
``(g) Subsequent Leasing Programs.--
``(1) In general.--Not later than 36 months after
conducting the first lease sale under an oil and gas leasing
program prepared pursuant to this section, the Secretary shall
begin preparing the subsequent oil and gas leasing program
under this section.
``(2) Requirement.--Each subsequent oil and gas leasing
program under this section shall be approved by not later than
180 days before the expiration of the previous oil and gas
leasing program.''.
SEC. 20109. GEOTHERMAL LEASING.
(a) Annual Leasing.--Section 4(b) of the Geothermal Steam Act of
1970 (30 U.S.C. 1003(b)) is amended--
(1) in paragraph (2), by striking ``2 years'' and inserting
``year'';
(2) by redesignating paragraphs (3) and (4) as paragraphs
(5) and (6), respectively; and
(3) after paragraph (2), by inserting the following:
``(3) Replacement sales.--If a lease sale under paragraph
(1) for a year is canceled or delayed, the Secretary of the
Interior shall conduct a replacement sale during the same year.
``(4) Requirement.--In conducting a lease sale under
paragraph (2) in a State described in that paragraph, the
Secretary of the Interior shall offer all nominated parcels
eligible for geothermal development and utilization under the
resource management plan in effect for the State.''.
(b) Deadlines for Consideration of Geothermal Drilling Permits.--
Section 4 of the Geothermal Steam Act of 1970 (30 U.S.C. 1003) is
amended by adding at the end the following:
``(h) Deadlines for Consideration of Geothermal Drilling Permits.--
``(1) Notice.--Not later than 30 days after the date on
which the Secretary receives an application for any geothermal
drilling permit, the Secretary shall--
``(A) provide written notice to the applicant that
the application is complete; or
``(B) notify the applicant that information is
missing and specify any information that is required to
be submitted for the application to be complete.
``(2) Issuance of decision.--If the Secretary determines
that an application for a geothermal drilling permit is
complete under paragraph (1)(A), the Secretary shall issue a
final decision on the application not later than 30 days after
the Secretary notifies the applicant that the application is
complete.''.
SEC. 20110. LEASING FOR CERTAIN QUALIFIED COAL APPLICATIONS.
(a) Definitions.--In this section:
(1) Coal lease.--The term ``coal lease'' means a lease
entered into by the United States as lessor, through the Bureau
of Land Management, and the applicant on Bureau of Land
Management Form 3400-012.
(2) Qualified application.--The term ``qualified
application'' means any application pending under the lease by
application program administered by the Bureau of Land
Management pursuant to the Mineral Leasing Act (30 U.S.C. 181
et seq.) and subpart 3425 of title 43, Code of Federal
Regulations (as in effect on the date of enactment of this
Act), for which the environmental review process under the
National Environmental Policy Act of 1969 (42 U.S.C. 4321 et
seq.) has commenced.
(b) Mandatory Leasing and Other Required Approvals.--As soon as
practicable after the date of enactment of this Act, the Secretary
shall promptly--
(1) with respect to each qualified application--
(A) if not previously published for public comment,
publish a draft environmental assessment, as required
under the National Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.) and any applicable implementing
regulations;
(B) finalize the fair market value of the coal
tract for which a lease by application is pending;
(C) take all intermediate actions necessary to
grant the qualified application; and
(D) grant the qualified application; and
(2) with respect to previously awarded coal leases, grant
any additional approvals of the Department of the Interior or
any bureau, agency, or division of the Department of the
Interior required for mining activities to commence.
SEC. 20111. FUTURE COAL LEASING.
Notwithstanding any judicial decision to the contrary or a
departmental review of the Federal coal leasing program, Secretarial
Order 3338, issued by the Secretary of the Interior on January 15,
2016, shall have no force or effect.
SEC. 20112. STAFF PLANNING REPORT.
The Secretary of the Interior and the Secretary of Agriculture
shall each annually submit to the Committee on Natural Resources of the
House of Representatives and the Committee on Energy and Natural
Resources of the Senate a report on the staffing capacity of each
respective agency with respect to issuing oil, gas, hardrock mining,
coal, and renewable energy leases, rights-of-way, claims, easements,
and permits. Each such report shall include--
(1) the number of staff assigned to process and issue oil,
gas, hardrock mining, coal, and renewable energy leases,
rights-of-way, claims, easements, and permits;
(2) a description of how many staff are needed to meet
statutory requirements for such oil, gas, hardrock mining,
coal, and renewable energy leases, rights-of-way, claims,
easements, and permits; and
(3) how, as applicable, the Department of the Interior or
the Department of Agriculture plans to address staffing
shortfalls and turnover to ensure adequate staffing to process
and issue such oil, gas, hardrock mining, coal, and renewable
energy leases, rights-of-way, claims, easements, and permits.
SEC. 20113. PROHIBITION ON CHINESE COMMUNIST PARTY OWNERSHIP INTEREST.
Notwithstanding any other provision of law, the Communist Party of
China (or a person acting on behalf of the Community Party of China)
may not acquire any interest with respect to lands leased for oil or
gas under the Mineral Leasing Act (30 U.S.C. 181 et seq.) or the Outer
Continental Shelf Lands Act (43 U.S.C. 1331 et seq.).
SEC. 20114. EFFECT ON OTHER LAW.
Nothing in this division, or any amendments made by this division,
shall affect--
(1) the Presidential memorandum entitled ``Memorandum on
Withdrawal of Certain Areas of the United States Outer
Continental Shelf From Leasing Disposition'' and dated
September 8, 2020;
(2) the Presidential memorandum entitled ``Memorandum on
Withdrawal of Certain Areas of the United States Outer
Continental Shelf From Leasing Disposition'' and dated
September 25, 2020;
(3) the Presidential memorandum entitled ``Memorandum on
Withdrawal of Certain Areas off the Atlantic Coast on the Outer
Continental Shelf From Leasing Disposition'' and dated December
20, 2016; or
(4) the ban on oil and gas development in the Great Lakes
described in section 386 of the Energy Policy Act of 2005 (42
U.S.C. 15941).
TITLE II--PERMITTING STREAMLINING
SEC. 20201. DEFINITIONS.
In this title:
(1) Energy facility.--The term ``energy facility'' means a
facility the primary purpose of which is the exploration for,
or the development, production, conversion, gathering, storage,
transfer, processing, or transportation of, any energy
resource.
(2) Energy storage device.--The term ``energy storage
device''--
(A) means any equipment that stores energy,
including electricity, compressed air, pumped water,
heat, and hydrogen, which may be converted into, or
used to produce, electricity; and
(B) includes a battery, regenerative fuel cell,
flywheel, capacitor, superconducting magnet, and any
other equipment the Secretary concerned determines may
be used to store energy which may be converted into, or
used to produce, electricity.
(3) Public lands.--The term ``public lands'' means any land
and interest in land owned by the United States within the
several States and administered by the Secretary of the
Interior or the Secretary of Agriculture without regard to how
the United States acquired ownership, except--
(A) lands located on the outer Continental Shelf;
and
(B) lands held in trust by the United States for
the benefit of Indians, Indian Tribes, Aleuts, and
Eskimos.
(4) Right-of-way.--The term ``right-of-way'' means--
(A) a right-of-way issued, granted, or renewed
under section 501 of the Federal Land Policy and
Management Act of 1976 (43 U.S.C. 1761); or
(B) a right-of-way granted under section 28 of the
Mineral Leasing Act (30 U.S.C. 185).
(5) Secretary concerned.--The term ``Secretary concerned''
means--
(A) with respect to public lands, the Secretary of
the Interior; and
(B) with respect to National Forest System lands,
the Secretary of Agriculture.
(6) Land use plan.--The term ``land use plan'' means--
(A) a land and resource management plan prepared by
the Forest Service for a unit of the National Forest
System pursuant to section 6 of the Forest and
Rangeland Renewable Resources Planning Act of 1974 (16
U.S.C. 1604);
(B) a Land Management Plan developed by the Bureau
of Land Management under the Federal Land Policy and
Management Act of 1976 (43 U.S.C. 1701 et seq.); or
(C) a comprehensive conservation plan developed by
the United States Fish and Wildlife Service under
section 4(e)(1)(A) of the National Wildlife Refuge
System Administration Act of 1966 (16 U.S.C.
668dd(e)(1)(A)).
SEC. 20202. BUILDER ACT.
(a) Paragraph (2) of Section 102.--Section 102(2) of the National
Environmental Policy Act of 1969 (42 U.S.C. 4332(2)) is amended--
(1) in subparagraph (A), by striking ``insure'' and
inserting ``ensure'';
(2) in subparagraph (B), by striking ``insure'' and
inserting ``ensure'';
(3) in subparagraph (C)--
(A) by inserting ``consistent with the provisions
of this Act and except as provided by other provisions
of law,'' before ``include in every'';
(B) by striking clauses (i) through (v) and
inserting the following:
``(i) reasonably foreseeable environmental effects
with a reasonably close causal relationship to the
proposed agency action;
``(ii) any reasonably foreseeable adverse
environmental effects which cannot be avoided should
the proposal be implemented;
``(iii) a reasonable number of alternatives to the
proposed agency action, including an analysis of any
negative environmental impacts of not implementing the
proposed agency action in the case of a no action
alternative, that are technically and economically
feasible, are within the jurisdiction of the agency,
meet the purpose and need of the proposal, and, where
applicable, meet the goals of the applicant;
``(iv) the relationship between local short-term
uses of man's environment and the maintenance and
enhancement of long-term productivity; and
``(v) any irreversible and irretrievable
commitments of Federal resources which would be
involved in the proposed agency action should it be
implemented.''; and
(C) in the undesignated matter following clause (v)
(as so amended), by striking ``the responsible Federal
official'' and inserting ``the head of the lead
agency'';
(4) in subparagraph (D), by striking ``Any'' and inserting
``any'';
(5) by redesignating subparagraphs (D) through (I) as
subparagraphs (F) through (K), respectively;
(6) by inserting after subparagraph (C) the following:
``(D) ensure the professional integrity, including
scientific integrity, of the discussion and analysis in an
environmental document;
``(E) make use of reliable existing data and resources in
carrying out this Act;'';
(7) by amending subparagraph (G), as redesignated, to read
as follows:
``(G) consistent with the provisions of this Act, study,
develop, and describe technically and economically feasible
alternatives within the jurisdiction and authority of the
agency;''; and
(8) in subparagraph (H), as redesignated, by inserting
``consistent with the provisions of this Act,'' before
``recognize''.
(b) New Sections.--Title I of the National Environmental Policy Act
of 1969 (42 U.S.C. 4331 et seq.) is amended by adding at the end the
following:
``SEC. 106. PROCEDURE FOR DETERMINATION OF LEVEL OF REVIEW.
``(a) Threshold Determinations.--An agency is not required to
prepare an environmental document with respect to a proposed agency
action if--
``(1) the proposed agency action is not a final agency
action within the meaning of such term in chapter 5 of title 5,
United States Code;
``(2) the proposed agency action is covered by a
categorical exclusion established by the agency, another
Federal agency, or another provision of law;
``(3) the preparation of such document would clearly and
fundamentally conflict with the requirements of another
provision of law;
``(4) the proposed agency action is, in whole or in part, a
nondiscretionary action with respect to which such agency does
not have authority to take environmental factors into
consideration in determining whether to take the proposed
action;
``(5) the proposed agency action is a rulemaking that is
subject to section 553 of title 5, United States Code; or
``(6) the proposed agency action is an action for which
such agency's compliance with another statute's requirements
serve the same or similar function as the requirements of this
Act with respect to such action.
``(b) Levels of Review.--
``(1) Environmental impact statement.--An agency shall
issue an environmental impact statement with respect to a
proposed agency action that has a significant effect on the
quality of the human environment.
``(2) Environmental assessment.--An agency shall prepare an
environmental assessment with respect to a proposed agency
action that is not likely to have a significant effect on the
quality of the human environment, or if the significance of
such effect is unknown, unless the agency finds that a
categorical exclusion established by the agency, another
Federal agency, or another provision of law applies. Such
environmental assessment shall be a concise public document
prepared by a Federal agency to set forth the basis of such
agency's finding of no significant impact.
``(3) Sources of information.--In making a determination
under this subsection, an agency--
``(A) may make use of any reliable data source; and
``(B) is not required to undertake new scientific
or technical research.
``SEC. 107. TIMELY AND UNIFIED FEDERAL REVIEWS.
``(a) Lead Agency.--
``(1) Designation.--
``(A) In general.--If there are 2 or more involved
Federal agencies, such agencies shall determine, by
letter or memorandum, which agency shall be the lead
agency based on consideration of the following factors:
``(i) Magnitude of agency's involvement.
``(ii) Project approval or disapproval
authority.
``(iii) Expertise concerning the action's
environmental effects.
``(iv) Duration of agency's involvement.
``(v) Sequence of agency's involvement.
``(B) Joint lead agencies.--In making a
determination under subparagraph (A), the involved
Federal agencies may, in addition to a Federal agency,
appoint such Federal, State, Tribal, or local agencies
as joint lead agencies as the involved Federal agencies
shall determine appropriate. Joint lead agencies shall
jointly fulfill the role described in paragraph (2).
``(C) Mineral projects.--This paragraph shall not
apply with respect to a mineral exploration or mine
permit.
``(2) Role.--A lead agency shall, with respect to a
proposed agency action--
``(A) supervise the preparation of an environmental
document if, with respect to such proposed agency
action, there is more than 1 involved Federal agency;
``(B) request the participation of each cooperating
agency at the earliest practicable time;
``(C) in preparing an environmental document, give
consideration to any analysis or proposal created by a
cooperating agency with jurisdiction by law or a
cooperating agency with special expertise;
``(D) develop a schedule, in consultation with each
involved cooperating agency, the applicant, and such
other entities as the lead agency determines
appropriate, for completion of any environmental
review, permit, or authorization required to carry out
the proposed agency action;
``(E) if the lead agency determines that a review,
permit, or authorization will not be completed in
accordance with the schedule developed under
subparagraph (D), notify the agency responsible for
issuing such review, permit, or authorization of the
discrepancy and request that such agency take such
measures as such agency determines appropriate to
comply with such schedule; and
``(F) meet with a cooperating agency that requests
such a meeting.
``(3) Cooperating agency.--The lead agency may, with
respect to a proposed agency action, designate any involved
Federal agency or a State, Tribal, or local agency as a
cooperating agency. A cooperating agency may, not later than a
date specified by the lead agency, submit comments to the lead
agency. Such comments shall be limited to matters relating to
the proposed agency action with respect to which such agency
has special expertise or jurisdiction by law with respect to an
environmental issue.
``(4) Request for designation.--Any Federal, State, Tribal,
or local agency or person that is substantially affected by the
lack of a designation of a lead agency with respect to a
proposed agency action under paragraph (1) may submit a written
request for such a designation to an involved Federal agency.
An agency that receives a request under this paragraph shall
transmit such request to each involved Federal agency and to
the Council.
``(5) Council designation.--
``(A) Request.--Not earlier than 45 days after the
date on which a request is submitted under paragraph
(4), if no designation has been made under paragraph
(1), a Federal, State, Tribal, or local agency or
person that is substantially affected by the lack of a
designation of a lead agency may request that the
Council designate a lead agency. Such request shall
consist of--
``(i) a precise description of the nature
and extent of the proposed agency action; and
``(ii) a detailed statement with respect to
each involved Federal agency and each factor
listed in paragraph (1) regarding which agency
should serve as lead agency.
``(B) Transmission.--The Council shall transmit a
request received under subparagraph (A) to each
involved Federal agency.
``(C) Response.--An involved Federal agency may,
not later than 20 days after the date of the submission
of a request under subparagraph (A), submit to the
Council a response to such request.
``(D) Designation.--Not later than 40 days after
the date of the submission of a request under
subparagraph (A), the Council shall designate the lead
agency with respect to the relevant proposed agency
action.
``(b) One Document.--
``(1) Document.--To the extent practicable, if there are 2
or more involved Federal agencies with respect to a proposed
agency action and the lead agency has determined that an
environmental document is required, such requirement shall be
deemed satisfied with respect to all involved Federal agencies
if the lead agency issues such an environmental document.
``(2) Consideration timing.--In developing an environmental
document for a proposed agency action, no involved Federal
agency shall be required to consider any information that
becomes available after the sooner of, as applicable--
``(A) receipt of a complete application with
respect to such proposed agency action; or
``(B) publication of a notice of intent or decision
to prepare an environmental impact statement for such
proposed agency action.
``(3) Scope of review.--In developing an environmental
document for a proposed agency action, the lead agency and any
other involved Federal agencies shall only consider the effects
of the proposed agency action that--
``(A) occur on Federal land; or
``(B) are subject to Federal control and
responsibility.
``(c) Request for Public Comment.--Each notice of intent to prepare
an environmental impact statement under section 102 shall include a
request for public comment on alternatives or impacts and on relevant
information, studies, or analyses with respect to the proposed agency
action.
``(d) Statement of Purpose and Need.--Each environmental impact
statement shall include a statement of purpose and need that briefly
summarizes the underlying purpose and need for the proposed agency
action.
``(e) Estimated Total Cost.--The cover sheet for each environmental
impact statement shall include a statement of the estimated total cost
of preparing such environmental impact statement, including the costs
of agency full-time equivalent personnel hours, contractor costs, and
other direct costs.
``(f) Page Limits.--
``(1) Environmental impact statements.--
``(A) In general.--Except as provided in
subparagraph (B), an environmental impact statement
shall not exceed 150 pages, not including any citations
or appendices.
``(B) Extraordinary complexity.--An environmental
impact statement for a proposed agency action of
extraordinary complexity shall not exceed 300 pages,
not including any citations or appendices.
``(2) Environmental assessments.--An environmental
assessment shall not exceed 75 pages, not including any
citations or appendices.
``(g) Sponsor Preparation.--A lead agency shall allow a project
sponsor to prepare an environmental assessment or an environmental
impact statement upon request of the project sponsor. Such agency may
provide such sponsor with appropriate guidance and assist in the
preparation. The lead agency shall independently evaluate the
environmental document and shall take responsibility for the contents
upon adoption.
``(h) Deadlines.--
``(1) In general.--Except as provided in paragraph (2),
with respect to a proposed agency action, a lead agency shall
complete, as applicable--
``(A) the environmental impact statement not later
than the date that is 2 years after the sooner of, as
applicable--
``(i) the date on which such agency
determines that section 102(2)(C) requires the
issuance of an environmental impact statement
with respect to such action;
``(ii) the date on which such agency
notifies the applicant that the application to
establish a right-of-way for such action is
complete; and
``(iii) the date on which such agency
issues a notice of intent to prepare the
environmental impact statement for such action;
and
``(B) the environmental assessment not later than
the date that is 1 year after the sooner of, as
applicable--
``(i) the date on which such agency
determines that section 106(b)(2) requires the
preparation of an environmental assessment with
respect to such action;
``(ii) the date on which such agency
notifies the applicant that the application to
establish a right-of-way for such action is
complete; and
``(iii) the date on which such agency
issues a notice of intent to prepare the
environmental assessment for such action.
``(2) Delay.--A lead agency that determines it is not able
to meet the deadline described in paragraph (1) may extend such
deadline with the approval of the applicant. If the applicant
approves such an extension, the lead agency shall establish a
new deadline that provides only so much additional time as is
necessary to complete such environmental impact statement or
environmental assessment.
``(3) Expenditures for delay.--If a lead agency is unable
to meet the deadline described in paragraph (1) or extended
under paragraph (2), the lead agency shall pay $100 per day, to
the extent funding is provided in advance in an appropriations
Act, out of the office of the head of the department of the
lead agency to the applicant starting on the first day
immediately following the deadline described in paragraph (1)
or extended under paragraph (2) up until the date that an
applicant approves a new deadline. This paragraph does not
apply when the lead agency misses a deadline solely due to
delays caused by litigation.
``(i) Report.--
``(1) In general.--The head of each lead agency shall
annually submit to the Committee on Natural Resources of the
House of Representatives and the Committee on Environment and
Public Works of the Senate a report that--
``(A) identifies any environmental assessment and
environmental impact statement that such lead agency
did not complete by the deadline described in
subsection (h); and
``(B) provides an explanation for any failure to
meet such deadline.
``(2) Inclusions.--Each report submitted under paragraph
(1) shall identify, as applicable--
``(A) the office, bureau, division, unit, or other
entity within the Federal agency responsible for each
such environmental assessment and environmental impact
statement;
``(B) the date on which--
``(i) such lead agency notified the
applicant that the application to establish a
right-of-way for the major Federal action is
complete;
``(ii) such lead agency began the scoping
for the major Federal action; or
``(iii) such lead agency issued a notice of
intent to prepare the environmental assessment
or environmental impact statement for the major
Federal action; and
``(C) when such environmental assessment and
environmental impact statement is expected to be
complete.
``SEC. 108. JUDICIAL REVIEW.
``(a) Limitations on Claims.--Notwithstanding any other provision
of law, a claim arising under Federal law seeking judicial review of
compliance with this Act, of a determination made under this Act, or of
Federal action resulting from a determination made under this Act,
shall be barred unless--
``(1) in the case of a claim pertaining to a proposed
agency action for which an environmental document was prepared
and an opportunity for comment was provided, the claim is--
``(A) filed by a party that participated in the
administrative proceedings regarding such environmental
document; or
``(B)(i) filed by a party that submitted a comment
during the public comment period for such
administrative proceedings and such comment was
sufficiently detailed to put the lead agency on notice
of the issue upon which the party seeks judicial
review; and
``(ii) related to such comment;
``(2) except as provided in subsection (b), such claim is
filed not later than 120 days after the date of publication of
a notice in the Federal Register of agency intent to carry out
the proposed agency action;
``(3) such claim is filed after the issuance of a record of
decision or other final agency action with respect to the
relevant proposed agency action;
``(4) such claim does not challenge the establishment or
use of a categorical exclusion under section 102; and
``(5) such claim concerns--
``(A) an alternative included in the environmental
document; or
``(B) an environmental effect considered in the
environmental document.
``(b) Supplemental Environmental Impact Statement.--
``(1) Separate final agency action.--The issuance of a
Federal action resulting from a final supplemental
environmental impact statement shall be considered a final
agency action for the purposes of chapter 5 of title 5, United
States Code, separate from the issuance of any previous
environmental impact statement with respect to the same
proposed agency action.
``(2) Deadline for filing a claim.--A claim seeking
judicial review of a Federal action resulting from a final
supplemental environmental review issued under section
102(2)(C) shall be barred unless--
``(A) such claim is filed within 120 days of the
date on which a notice of the Federal agency action
resulting from a final supplemental environmental
impact statement is issued; and
``(B) such claim is based on information contained
in such supplemental environmental impact statement
that was not contained in a previous environmental
document pertaining to the same proposed agency action.
``(c) Prohibition on Injunctive Relief.--Notwithstanding any other
provision of law, a violation of this Act shall not constitute the
basis for injunctive relief.
``(d) Rule of Construction.--Nothing in this section shall be
construed to create a right of judicial review or place any limit on
filing a claim with respect to the violation of the terms of a permit,
license, or approval.
``(e) Remand.--Notwithstanding any other provision of law, no
proposed agency action for which an environmental document is required
shall be vacated or otherwise limited, delayed, or enjoined unless a
court concludes allowing such proposed action will pose a risk of an
imminent and substantial environmental harm and there is no other
equitable remedy available as a matter of law.
``SEC. 109. DEFINITIONS.
``In this title:
``(1) Categorical exclusion.--The term `categorical
exclusion' means a category of actions that a Federal agency
has determined normally does not significantly affect the
quality of the human environment within the meaning of section
102(2)(C).
``(2) Cooperating agency.--The term `cooperating agency'
means any Federal, State, Tribal, or local agency that has been
designated as a cooperating agency under section 107(a)(3).
``(3) Council.--The term `Council' means the Council on
Environmental Quality established in title II.
``(4) Environmental assessment.--The term `environmental
assessment' means an environmental assessment prepared under
section 106(b)(2).
``(5) Environmental document.--The term `environmental
document' means an environmental impact statement, an
environmental assessment, or a finding of no significant
impact.
``(6) Environmental impact statement.--The term
`environmental impact statement' means a detailed written
statement that is required by section 102(2)(C).
``(7) Finding of no significant impact.--The term `finding
of no significant impact' means a determination by a Federal
agency that a proposed agency action does not require the
issuance of an environmental impact statement.
``(8) Involved federal agency.--The term `involved Federal
agency' means an agency that, with respect to a proposed agency
action--
``(A) proposed such action; or
``(B) is involved in such action because such
action is directly related, through functional
interdependence or geographic proximity, to an action
such agency has taken or has proposed to take.
``(9) Lead agency.--
``(A) In general.--Except as provided in
subparagraph (B), the term `lead agency' means, with
respect to a proposed agency action--
``(i) the agency that proposed such action;
or
``(ii) if there are 2 or more involved
Federal agencies with respect to such action,
the agency designated under section 107(a)(1).
``(B) Specification for mineral exploration or mine
permits.--With respect to a proposed mineral
exploration or mine permit, the term `lead agency' has
the meaning given such term in section 40206(a) of the
Infrastructure Investment and Jobs Act (30 U.S.C.
1607).
``(10) Major federal action.--
``(A) In general.--The term `major Federal action'
means an action that the agency carrying out such
action determines is subject to substantial Federal
control and responsibility.
``(B) Exclusion.--The term `major Federal action'
does not include--
``(i) a non-Federal action--
``(I) with no or minimal Federal
funding;
``(II) with no or minimal Federal
involvement where a Federal agency
cannot control the outcome of the
project; or
``(III) that does not include
Federal land;
``(ii) funding assistance solely in the
form of general revenue sharing funds which do
not provide Federal agency compliance or
enforcement responsibility over the subsequent
use of such funds;
``(iii) loans, loan guarantees, or other
forms of financial assistance where a Federal
agency does not exercise sufficient control and
responsibility over the effect of the action;
``(iv) farm ownership and operating loan
guarantees by the Farm Service Agency pursuant
to sections 305 and 311 through 319 of the
Consolidated Farm and Rural Development Act (7
U.S.C. 1925, 1941-1949);
``(v) business loan guarantees provided by
the Small Business Administration pursuant to
subsection (a) or (b) of section 7 of the Small
Business Act (15 U.S.C. 636), or title V of the
Small Business Investment Act of 1958 (15
U.S.C. 695 et seq.);
``(vi) bringing judicial or administrative
civil or criminal enforcement actions; or
``(vii) extraterritorial activities or
decisions, which means agency activities or
decisions with effects located entirely outside
of the jurisdiction of the United States.
``(C) Additional exclusions.--An agency action may
not be determined to be a major Federal action on the
basis of--
``(i) an interstate effect of the action or
related project; or
``(ii) the provision of Federal funds for
the action or related project.
``(11) Mineral exploration or mine permit.--The term
`mineral exploration or mine permit' has the meaning given such
term in section 40206(a) of the Infrastructure Investment and
Jobs Act (30 U.S.C. 1607).
``(12) Proposal.--The term `proposal' means a proposed
action at a stage when an agency has a goal, is actively
preparing to make a decision on 1 or more alternative means of
accomplishing that goal, and can meaningfully evaluate its
effects.
``(13) Reasonably foreseeable.--The term `reasonably
foreseeable' means likely to occur--
``(A) not later than 10 years after the lead agency
begins preparing the environmental document; and
``(B) in an area directly affected by the proposed
agency action such that an individual of ordinary
prudence would take such occurrence into account in
reaching a decision.
``(14) Special expertise.--The term `special expertise'
means statutory responsibility, agency mission, or related
program experience.''.
SEC. 20203. CODIFICATION OF NATIONAL ENVIRONMENTAL POLICY ACT
REGULATIONS.
The revisions to the Code of Federal Regulations made pursuant to
the final rule of the Council on Environmental Quality entitled
``Update to the Regulations Implementing the Procedural Provisions of
the National Environmental Policy Act'' and published on July 16, 2020
(85 Fed. Reg. 43304), shall have the same force and effect of law as if
enacted by an Act of Congress.
SEC. 20204. NON-MAJOR FEDERAL ACTIONS.
(a) Exemption.--An action by the Secretary concerned with respect
to a covered activity shall be not considered a major Federal action
under section 102(2)(C) of the National Environmental Policy Act of
1969 (42 U.S.C. 4332(2)(C)).
(b) Covered Activity.--In this section, the term ``covered
activity'' includes--
(1) geotechnical investigations;
(2) off-road travel in an existing right-of-way;
(3) construction of meteorological towers where the total
surface disturbance at the location is less than 5 acres;
(4) adding a battery or other energy storage device to an
existing or planned energy facility, if that storage resource
is located within the physical footprint of the existing or
planned energy facility;
(5) drilling temperature gradient wells and other
geothermal exploratory wells, including construction or making
improvements for such activities, where--
(A) the last cemented casing string is less than 12
inches in diameter; and
(B) the total unreclaimed surface disturbance at
any 1 time within the project area is less than 5
acres;
(6) any repair, maintenance, upgrade, optimization, or
minor addition to existing transmission and distribution
infrastructure, including--
(A) operation, maintenance, or repair of power
equipment and structures within existing substations,
switching stations, transmission, and distribution
lines;
(B) the addition, modification, retirement, or
replacement of breakers, transmission towers,
transformers, bushings, or relays;
(C) the voltage uprating, modification,
reconductoring with conventional or advanced
conductors, and clearance resolution of transmission
lines;
(D) activities to minimize fire risk, including
vegetation management, routine fire mitigation,
inspection, and maintenance activities, and removal of
hazard trees and other hazard vegetation within or
adjacent to an existing right-of-way;
(E) improvements to or construction of structure
pads for such infrastructure; and
(F) access and access route maintenance and repairs
associated with any activity described in subparagraph
(A) through (E);
(7) approval of and activities conducted in accordance with
operating plans or agreements for transmission and distribution
facilities or under a special use authorization for an electric
transmission and distribution facility right-of-way; and
(8) construction, maintenance, realignment, or repair of an
existing permanent or temporary access road--
(A) within an existing right-of-way or within a
transmission or utility corridor established by
Congress or in a land use plan;
(B) that serves an existing transmission line,
distribution line, or energy facility; or
(C) activities conducted in accordance with
existing onshore oil and gas leases.
SEC. 20205. NO NET LOSS DETERMINATION FOR EXISTING RIGHTS-OF-WAY.
(a) In General.--Upon a determination by the Secretary concerned
that there will be no overall long-term net loss of vegetation, soil,
or habitat, as defined by acreage and function, resulting from a
proposed action, decision, or activity within an existing right-of-way,
within a right-of-way corridor established in a land use plan, or in an
otherwise designated right-of-way, that action, decision, or activity
shall not be considered a major Federal action under section 102(2)(C)
of the National Environmental Policy Act of 1969 (42 U.S.C.
4332(2)(C)).
(b) Inclusion of Remediation.--In making a determination under
subsection (a), the Secretary concerned shall consider the effect of
any remediation work to be conducted during the lifetime of the action,
decision, or activity when determining whether there will be any
overall long-term net loss of vegetation, soil, or habitat.
SEC. 20206. DETERMINATION OF NATIONAL ENVIRONMENTAL POLICY ACT
ADEQUACY.
The Secretary concerned shall use previously completed
environmental assessments and environmental impact statements to
satisfy the requirements of section 102 of the National Environmental
Policy Act of 1969 (42 U.S.C. 4332) with respect to any major Federal
action, if such Secretary determines that--
(1) the new proposed action is substantially the same as a
previously analyzed proposed action or alternative analyzed in
a previous environmental assessment or environmental impact
statement; and
(2) the effects of the proposed action are substantially
the same as the effects analyzed in such existing environmental
assessments or environmental impact statements.
SEC. 20207. DETERMINATION REGARDING RIGHTS-OF-WAY.
Not later than 60 days after the Secretary concerned receives an
application to grant a right-of-way, the Secretary concerned shall
notify the applicant as to whether the application is complete or
deficient. If the Secretary concerned determines the application is
complete, the Secretary concerned may not consider any other
application to grant a right-of-way on the same or any overlapping
parcels of land while such application is pending.
SEC. 20208. TERMS OF RIGHTS-OF-WAY.
(a) Fifty-Year Terms for Rights-of-Way.--
(1) In general.--Any right-of-way for pipelines for the
transportation or distribution of oil or gas granted, issued,
amended, or renewed under Federal law may be limited to a term
of not more than 50 years before such right-of-way is subject
to renewal or amendment.
(2) Federal land policy and management act of 1976.--
Section 501 of the Federal Land Policy and Management Act of
1976 (43 U.S.C. 1761) is amended by adding at the end the
following:
``(e) Any right-of-way granted, issued, amended, or renewed under
subsection (a)(4) may be limited to a term of not more than 50 years
before such right-of-way is subject to renewal or amendment.''.
(b) Mineral Leasing Act.--Section 28(n) of the Mineral Leasing Act
(30 U.S.C. 185(n)) is amended by striking ``thirty'' and inserting
``50''.
SEC. 20209. FUNDING TO PROCESS PERMITS AND DEVELOP INFORMATION
TECHNOLOGY.
(a) In General.--In fiscal years 2023 through 2025, the Secretary
of Agriculture (acting through the Forest Service) and the Secretary of
the Interior, after public notice, may accept and expend funds
contributed by non-Federal entities for dedicated staff, information
resource management, and information technology system development to
expedite the evaluation of permits, biological opinions, concurrence
letters, environmental surveys and studies, processing of applications,
consultations, and other activities for the leasing, development, or
expansion of an energy facility under the jurisdiction of the
respective Secretaries.
(b) Effect on Permitting.--In carrying out this section, the
Secretary of the Interior shall ensure that the use of funds accepted
under subsection (a) will not impact impartial decision making with
respect to permits, either substantively or procedurally.
(c) Statement for Failure To Accept or Expend Funds.--Not later
than 60 days after the end of the applicable fiscal year, if the
Secretary of Agriculture (acting through the Forest Service) or the
Secretary of the Interior does not accept funds contributed under
subsection (a) or accepts but does not expend such funds, that
Secretary shall submit to the Committee on Natural Resources of the
House of Representatives and the Committee on Energy and Natural
Resources of the Senate a statement explaining why such funds were not
accepted, were not expended, or both, as the case may be.
SEC. 20210. OFFSHORE GEOLOGICAL AND GEOPHYSICAL SURVEY LICENSING.
The Secretary of the Interior shall authorize geological and
geophysical surveys related to oil and gas activities on the Gulf of
Mexico outer Continental Shelf, except within areas subject to existing
oil and gas leasing moratoria. Such authorizations shall be issued
within 30 days of receipt of a completed application and shall, as
applicable to survey type, comply with the mitigation and monitoring
measures in subsections (a), (b), (c), (d), (f), and (g) of section
217.184 of title 50, Code of Federal Regulations (as in effect on
January 1, 2022), and section 217.185 of title 50, Code of Federal
Regulations (as in effect on January 1, 2022). Geological and
geophysical surveys authorized pursuant to this section are deemed to
be in full compliance with the Marine Mammal Protection Act of 1972 (16
U.S.C. 1361 et seq.) and the Endangered Species Act of 1973 (16 U.S.C.
1531 et seq.), and their implementing regulations.
SEC. 20211. DEFERRAL OF APPLICATIONS FOR PERMITS TO DRILL.
Section 17(p)(3) of the Mineral Leasing Act (30 U.S.C. 226(p)(3))
is amended by adding at the end the following:
``(D) Deferral based on formatting issues.--A
decision on an application for a permit to drill may
not be deferred under paragraph (2)(B) as a result of a
formatting issue with the permit, unless such
formatting issue results in missing information.''.
SEC. 20212. PROCESSING AND TERMS OF APPLICATIONS FOR PERMITS TO DRILL.
(a) Effect of Pending Civil Actions.--Section 17(p) of the Mineral
Leasing Act (30 U.S.C. 226(p)) is amended by adding at the end the
following:
``(4) Effect of pending civil action on processing
applications for permits to drill.--Pursuant to the
requirements of paragraph (2), notwithstanding the existence of
any pending civil actions affecting the application or related
lease, the Secretary shall process an application for a permit
to drill or other authorizations or approvals under a valid
existing lease, unless a United States Federal court vacated
such lease. Nothing in this paragraph shall be construed as
providing authority to a Federal court to vacate a lease.''.
(b) Term of Permit To Drill.--Section 17 of the Mineral Leasing Act
(30 U.S.C. 226) (as amended by section 20106(c)(1)) is further amended
by adding at the end the following:
``(u) Term of Permit To Drill.--A permit to drill issued under this
section after the date of the enactment of this subsection shall be
valid for 1 4-year term from the date that the permit is approved, or
until the lease regarding which the permit is issued expires, whichever
occurs first.''.
SEC. 20213. AMENDMENTS TO THE ENERGY POLICY ACT OF 2005.
Section 390 of the Energy Policy Act of 2005 (42 U.S.C. 15942) is
amended to read as follows:
``SEC. 390. NATIONAL ENVIRONMENTAL POLICY ACT REVIEW.
``(a) National Environmental Policy Act Review.--Action by the
Secretary of the Interior, in managing the public lands, or the
Secretary of Agriculture, in managing National Forest System lands,
with respect to any of the activities described in subsection (c),
shall not be considered a major Federal action for the purposes of
section 102(2)(C) of the National Environmental Policy Act of 1969 (42
U.S.C. 4332(2)(C)), if the activity is conducted pursuant to the
Mineral Leasing Act (30 U.S.C. 181 et seq.) for the purpose of
exploration or development of oil or gas.
``(b) Application.--This section shall not apply to an action of
the Secretary of the Interior or the Secretary of Agriculture on Indian
lands or resources managed in trust for the benefit of Indian Tribes.
``(c) Activities Described.--The activities referred to in
subsection (a) are as follows:
``(1) Reinstating a lease pursuant to section 31 of the
Mineral Leasing Act (30 U.S.C. 188).
``(2) The following activities, provided that any new
surface disturbance is contiguous with the footprint of the
original authorization and does not exceed 20 acres or the
acreage has previously been evaluated in a document previously
prepared under section 102(2)(C) of the National Environmental
Policy Act of 1969 (42 U.S.C. 4332(2)(C)) with respect to such
activity:
``(A) Drilling an oil or gas well at a well pad
site at which drilling has occurred previously.
``(B) Expansion of an existing oil or gas well pad
site to accommodate an additional well.
``(C) Expansion or modification of an existing oil
or gas well pad site, road, pipeline, facility, or
utility submitted in a sundry notice.
``(3) Drilling of an oil or gas well at a new well pad
site, provided that the new surface disturbance does not exceed
20 acres and the acreage evaluated in a document previously
prepared under section 102(2)(C) of the National Environmental
Policy Act of 1969 (42 U.S.C. 4332(2)(C)) with respect to such
activity, whichever is greater.
``(4) Construction or realignment of a road, pipeline, or
utility within an existing right-of-way or within a right-of-
way corridor established in a land use plan.
``(5) The following activities when conducted from non-
Federal surface into federally owned minerals, provided that
the operator submits to the Secretary concerned certification
of a surface use agreement with the non-Federal landowner:
``(A) Drilling an oil or gas well at a well pad
site at which drilling has occurred previously.
``(B) Expansion of an existing oil or gas well pad
site to accommodate an additional well.
``(C) Expansion or modification of an existing oil
or gas well pad site, road, pipeline, facility, or
utility submitted in a sundry notice.
``(6) Drilling of an oil or gas well from non-Federal
surface and non-Federal subsurface into Federal mineral estate.
``(7) Construction of up to 1 mile of new road on Federal
or non-Federal surface, not to exceed 2 miles in total.
``(8) Construction of up to 3 miles of individual pipelines
or utilities, regardless of surface ownership.''.
SEC. 20214. ACCESS TO FEDERAL ENERGY RESOURCES FROM NON-FEDERAL SURFACE
ESTATE.
(a) Oil and Gas Permits.--Section 17 of the Mineral Leasing Act (30
U.S.C. 226) (as amended by section 20212(b)) is further amended by
adding at the end the following:
``(v) No Federal Permit Required for Oil and Gas Activities on
Certain Land.--
``(1) In general.--The Secretary shall not require an
operator to obtain a Federal drilling permit for oil and gas
exploration and production activities conducted on non-Federal
surface estate, provided that--
``(A) the United States holds an ownership interest
of less than 50 percent of the subsurface mineral
estate to be accessed by the proposed action; and
``(B) the operator submits to the Secretary a State
permit to conduct oil and gas exploration and
production activities on the non-Federal surface
estate.
``(2) No federal action.--An oil and gas exploration and
production activity carried out under paragraph (1)--
``(A) shall not be considered a major Federal
action for the purposes of section 102(2)(C) of the
National Environmental Policy Act of 1969 (42 U.S.C.
4332(2)(C));
``(B) shall require no additional Federal action;
``(C) may commence 30 days after submission of the
State permit to the Secretary; and
``(D) shall not be subject to--
``(i) section 306108 of title 54, United
States Code (commonly known as the `National
Historic Preservation Act of 1966'); or
``(ii) section 7 of the Endangered Species
Act of 1973 (16 U.S.C. 1536).
``(3) Royalties and production accountability.--(A) Nothing
in this subsection shall affect the amount of royalties due to
the United States under this Act from the production of oil and
gas, or alter the Secretary's authority to conduct audits and
collect civil penalties pursuant to the Federal Oil and Gas
Royalty Management Act of 1982 (30 U.S.C. 1701 et seq.).
``(B) The Secretary may conduct onsite reviews and
inspections to ensure proper accountability, measurement, and
reporting of production of Federal oil and gas, and payment of
royalties.
``(4) Exceptions.--This subsection shall not apply to
actions on Indian lands or resources managed in trust for the
benefit of Indian tribes.
``(5) Indian land.--In this subsection, the term `Indian
land' means--
``(A) any land located within the boundaries of an
Indian reservation, pueblo, or rancheria; and
``(B) any land not located within the boundaries of
an Indian reservation, pueblo, or rancheria, the title
to which is held--
``(i) in trust by the United States for the
benefit of an Indian tribe or an individual
Indian;
``(ii) by an Indian tribe or an individual
Indian, subject to restriction against
alienation under laws of the United States; or
``(iii) by a dependent Indian community.''.
(b) Geothermal Permits.--The Geothermal Steam Act of 1970 (30
U.S.C. 1001 et seq.) is amended by adding at the end the following:
``SEC. 30. NO FEDERAL PERMIT REQUIRED FOR GEOTHERMAL ACTIVITIES ON
CERTAIN LAND.
``(a) In General.--The Secretary shall not require an operator to
obtain a Federal drilling permit for geothermal exploration and
production activities conducted on a non-Federal surface estate,
provided that--
``(1) the United States holds an ownership interest of less
than 50 percent of the subsurface geothermal estate to be
accessed by the proposed action; and
``(2) the operator submits to the Secretary a State permit
to conduct geothermal exploration and production activities on
the non-Federal surface estate.
``(b) No Federal Action.--A geothermal exploration and production
activity carried out under subsection (a)--
``(1) shall not be considered a major Federal action for
the purposes of section 102(2)(C) of the National Environmental
Policy Act of 1969 (42 U.S.C. 4332(2)(C));
``(2) shall require no additional Federal action;
``(3) may commence 30 days after submission of the State
permit to the Secretary; and
``(4) shall not be subject to--
``(A) section 306108 of title 54, United States
Code (commonly known as the `National Historic
Preservation Act of 1966'); or
``(B) section 7 of the Endangered Species Act of
1973 (16 U.S.C. 1536).
``(c) Royalties and Production Accountability.--(1) Nothing in this
section shall affect the amount of royalties due to the United States
under this Act from the production of electricity using geothermal
resources (other than direct use of geothermal resources) or the
production of any byproducts.
``(2) The Secretary may conduct onsite reviews and inspections to
ensure proper accountability, measurement, and reporting of the
production described in paragraph (1), and payment of royalties.
``(d) Exceptions.--This section shall not apply to actions on
Indian lands or resources managed in trust for the benefit of Indian
tribes.
``(e) Indian Land.--In this section, the term `Indian land' means--
``(1) any land located within the boundaries of an Indian
reservation, pueblo, or rancheria; and
``(2) any land not located within the boundaries of an
Indian reservation, pueblo, or rancheria, the title to which is
held--
``(A) in trust by the United States for the benefit
of an Indian tribe or an individual Indian;
``(B) by an Indian tribe or an individual Indian,
subject to restriction against alienation under laws of
the United States; or
``(C) by a dependent Indian community.''.
SEC. 20215. SCOPE OF ENVIRONMENTAL REVIEWS FOR OIL AND GAS LEASES.
An environmental review for an oil and gas lease or permit prepared
pursuant to the requirements of the National Environmental Policy Act
of 1969 (42 U.S.C. 4321 et seq.) and its implementing regulations--
(1) shall apply only to areas that are within or
immediately adjacent to the lease plot or plots and that are
directly affected by the proposed action; and
(2) shall not require consideration of downstream, indirect
effects of oil and gas consumption.
SEC. 20216. EXPEDITING APPROVAL OF GATHERING LINES.
Section 11318(b)(1) of the Infrastructure Investment and Jobs Act
(42 U.S.C. 15943(b)(1)) is amended by striking ``to be an action that
is categorically excluded (as defined in section 1508.1 of title 40,
Code of Federal Regulations (as in effect on the date of enactment of
this Act))'' and inserting ``to not be a major Federal action''.
SEC. 20217. LEASE SALE LITIGATION.
Notwithstanding any other provision of law, any oil and gas lease
sale held under section 17 of the Mineral Leasing Act (26 U.S.C. 226)
or the Outer Continental Shelf Lands Act (43 U.S.C. 1331 et seq.) shall
not be vacated and activities on leases awarded in the sale shall not
be otherwise limited, delayed, or enjoined unless the court concludes
allowing development of the challenged lease will pose a risk of an
imminent and substantial environmental harm and there is no other
equitable remedy available as a matter of law. No court, in response to
an action brought pursuant to the National Environmental Policy Act of
1969 (42 U.S.C. 4321 et seq.), may enjoin or issue any order preventing
the award of leases to a bidder in a lease sale conducted pursuant to
section 17 of the Mineral Leasing Act (26 U.S.C. 226) or the Outer
Continental Shelf Lands Act (43 U.S.C. 1331 et seq.) if the Department
of the Interior has previously opened bids for such leases or disclosed
the high bidder for any tract that was included in such lease sale.
SEC. 20218. LIMITATION ON CLAIMS.
(a) In General.--Notwithstanding any other provision of law, a
claim arising under Federal law seeking judicial review of a permit,
license, or approval issued by a Federal agency for a mineral project,
energy facility, or energy storage device shall be barred unless--
(1) the claim is filed within 120 days after publication of
a notice in the Federal Register announcing that the permit,
license, or approval is final pursuant to the law under which
the agency action is taken, unless a shorter time is specified
in the Federal law pursuant to which judicial review is
allowed; and
(2) the claim is filed by a party that submitted a comment
during the public comment period for such permit, license, or
approval and such comment was sufficiently detailed to put the
agency on notice of the issue upon which the party seeks
judicial review.
(b) Savings Clause.--Nothing in this section shall create a right
to judicial review or place any limit on filing a claim that a person
has violated the terms of a permit, license, or approval.
(c) Transportation Projects.--Subsection (a) shall not apply to or
supersede a claim subject to section 139(l)(1) of title 23, United
States Code.
(d) Mineral Project.--In this section, the term ``mineral project''
means a project--
(1) located on--
(A) a mining claim, millsite claim, or tunnel site
claim for any mineral;
(B) lands open to mineral entry; or
(C) a Federal mineral lease; and
(2) for the purposes of exploring for or producing
minerals.
SEC. 20219. GOVERNMENT ACCOUNTABILITY OFFICE REPORT ON PERMITS TO
DRILL.
(a) Report.--Not later than 1 year after the date of enactment of
this Act, the Comptroller General of the United States shall issue a
report detailing--
(1) the approval timelines for applications for permits to
drill issued by the Bureau of Land Management from 2018 through
2022;
(2) the number of applications for permits to drill that
were not issued within 30 days of receipt of a completed
application; and
(3) the causes of delays resulting in applications for
permits to drill pending beyond the 30-day deadline required
under section 17(p)(2) of the Mineral Leasing Act (30 U.S.C.
226(p)(2)).
(b) Recommendations.--The report issued under subsection (a) shall
include recommendations with respect to--
(1) actions the Bureau of Land Management can take to
streamline the approval process for applications for permits to
drill to approve applications for permits to drill within 30
days of receipt of a completed application;
(2) aspects of the Federal permitting process carried out
by the Bureau of Land Management to issue applications for
permits to drill that can be turned over to States to expedite
approval of applications for permits to drill; and
(3) legislative actions that Congress must take to allow
States to administer certain aspects of the Federal permitting
process described in paragraph (2).
SEC. 20220. E-NEPA.
(a) Permitting Portal Study.--The Council on Environmental Quality
shall conduct a study and submit a report to Congress within 1 year of
the date of enactment of this Act on the potential to create an online
permitting portal for permits that require review under section
102(2)(C) of the National Environmental Policy Act of 1969 (42 U.S.C.
4332(2)(C)) that would--
(1) allow applicants to--
(A) submit required documents or materials for
their application in 1 unified portal;
(B) upload additional documents as required by the
applicable agency; and
(C) track the progress of individual applications;
(2) enhance interagency coordination in consultation by--
(A) allowing for comments in 1 unified portal;
(B) centralizing data necessary for reviews; and
(C) streamlining communications between other
agencies and the applicant; and
(3) boost transparency in agency decisionmaking.
(b) Authorization of Appropriations.--There is authorized to be
appropriated $500,000 for the Council of Environmental Quality to carry
out the study directed by this section.
TITLE III--PERMITTING FOR MINING NEEDS
SEC. 20301. DEFINITIONS.
In this title:
(1) Byproduct.--The term ``byproduct'' has the meaning
given such term in section 7002(a) of the Energy Act of 2020
(30 U.S.C. 1606(a)).
(2) Indian tribe.--The term ``Indian Tribe'' has the
meaning given such term in section 4 of the Indian Self-
Determination and Education Assistance Act (25 U.S.C. 5304).
(3) Mineral.--The term ``mineral'' means any mineral
subject to sections 2319 through 2344 of the Revised Statutes
(commonly known as the ``Mining Law of 1872'') (30 U.S.C. 22 et
seq.) and any mineral located on lands acquired by the United
States (as defined in section 2 of the Mineral Leasing Act for
Acquired Lands (30 U.S.C. 351)).
(4) Secretary.--Except as otherwise provided, the term
``Secretary'' means the Secretary of the Interior.
(5) State.--The term ``State'' means--
(A) a State;
(B) the District of Columbia;
(C) the Commonwealth of Puerto Rico;
(D) Guam;
(E) American Samoa;
(F) the Commonwealth of the Northern Mariana
Islands; and
(G) the United States Virgin Islands.
SEC. 20302. MINERALS SUPPLY CHAIN AND RELIABILITY.
Section 40206 of the Infrastructure Investment and Jobs Act (30
U.S.C. 1607) is amended--
(1) in the section heading, by striking ``critical
minerals'' and inserting ``minerals'';
(2) by amending subsection (a) to read as follows:
``(a) Definitions.--In this section:
``(1) Lead agency.--The term `lead agency' means the
Federal agency with primary responsibility for issuing a
mineral exploration or mine permit or lease for a mineral
project.
``(2) Mineral.--The term `mineral' has the meaning given
such term in section 20301 of the TAPP American Resources Act.
``(3) Mineral exploration or mine permit.--The term
`mineral exploration or mine permit' means--
``(A) an authorization of the Bureau of Land
Management or the Forest Service, as applicable, for
exploration for minerals that requires analysis under
the National Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.);
``(B) a plan of operations for a mineral project
approved by the Bureau of Land Management or the Forest
Service; or
``(C) any other Federal permit or authorization for
a mineral project.
``(4) Mineral project.--The term `mineral project' means a
project--
``(A) located on--
``(i) a mining claim, millsite claim, or
tunnel site claim for any mineral;
``(ii) lands open to mineral entry; or
``(iii) a Federal mineral lease; and
``(B) for the purposes of exploring for or
producing minerals.'';
(3) in subsection (b), by striking ``critical'' each place
such term appears;
(4) in subsection (c)--
(A) by striking ``critical mineral production on
Federal land'' and inserting ``mineral projects'';
(B) by inserting ``, and in accordance with
subsection (h)'' after ``to the maximum extent
practicable'';
(C) by striking ``shall complete the'' and
inserting ``shall complete such'';
(D) in paragraph (1), by striking ``critical
mineral-related activities on Federal land'' and
inserting ``mineral projects'';
(E) in paragraph (8), by striking the ``and'' at
the end;
(F) in paragraph (9), by striking ``procedures.''
and inserting ``procedures; and''; and
(G) by adding at the end the following:
``(10) deferring to and relying on baseline data, analyses,
and reviews performed by State agencies with jurisdiction over
the environmental or reclamation permits for the proposed
mineral project.'';
(5) in subsection (d)--
(A) by striking ``critical'' each place such term
appears; and
(B) in paragraph (3), by striking ``mineral-related
activities on Federal land'' and inserting ``mineral
projects'';
(6) in subsection (e), by striking ``critical'';
(7) in subsection (f), by striking ``critical'' each place
such term appears;
(8) in subsection (g), by striking ``critical''; and
(9) by adding at the end the following:
``(h) Other Requirements.--
``(1) Memorandum of agreement.--For purposes of maximizing
efficiency and effectiveness of the Federal permitting and
review processes described under subsection (c), the lead
agency in the Federal permitting and review processes of a
mineral project shall (in consultation with any other Federal
agency involved in such Federal permitting and review
processes, and upon request of the project applicant, an
affected State government, local government, or an Indian
Tribe, or other entity such lead agency determines appropriate)
enter into a memorandum of agreement with a project applicant
where requested by the applicant to carry out the activities
described in subsection (c).
``(2) Timelines and schedules for nepa reviews.--
``(A) Extension.--A project applicant may enter
into 1 or more agreements with a lead agency to extend
the deadlines described in subparagraphs (A) and (B) of
subsection (h)(1) of section 107 of title I of the
National Environmental Policy Act of 1969 by, with
respect to each such agreement, not more than 6 months.
``(B) Adjustment of timelines.--At the request of a
project applicant, the lead agency and any other entity
which is a signatory to a memorandum of agreement under
paragraph (1) may, by unanimous agreement, adjust--
``(i) any deadlines described in
subparagraph (A); and
``(ii) any deadlines extended under
subparagraph (B).
``(3) Effect on pending applications.--Upon a written
request by a project applicant, the requirements of this
subsection shall apply to any application for a mineral
exploration or mine permit or mineral lease that was submitted
before the date of enactment of the TAPP American Resources
Act.''.
SEC. 20303. FEDERAL REGISTER PROCESS IMPROVEMENT.
Section 7002(f) of the Energy Act of 2020 (30 U.S.C. 1606(f)) is
amended--
(1) in paragraph (2), by striking ``critical'' both places
such term appears; and
(2) by striking paragraph (4).
SEC. 20304. DESIGNATION OF MINING AS A COVERED SECTOR FOR FEDERAL
PERMITTING IMPROVEMENT PURPOSES.
Section 41001(6)(A) of the FAST Act (42 U.S.C. 4370m(6)(A)) is
amended by inserting ``mineral production,'' before ``or any other
sector''.
SEC. 20305. TREATMENT OF ACTIONS UNDER PRESIDENTIAL DETERMINATION 2022-
11 FOR FEDERAL PERMITTING IMPROVEMENT PURPOSES.
(a) In General.--Except as provided by subsection (c), an action
described in subsection (b) shall be--
(1) treated as a covered project, as defined in section
41001(6) of the FAST Act (42 U.S.C. 4370m(6)), without regard
to the requirements of that section; and
(2) included in the Permitting Dashboard maintained
pursuant to section 41003(b) of that Act (42 U.S.C. 4370m-
2(b)).
(b) Actions Described.--An action described in this subsection is
an action taken by the Secretary of Defense pursuant to Presidential
Determination 2022-11 (87 Fed. Reg. 19775; relating to certain actions
under section 303 of the Defense Production Act of 1950) or the
Presidential Memorandum of February 27, 2023, entitled ``Presidential
Waiver of Statutory Requirements Pursuant to Section 303 of the Defense
Production Act of 1950, as amended, on Department of Defense Supply
Chains Resilience'' (88 Fed. Reg. 13015) to create, maintain, protect,
expand, or restore sustainable and responsible domestic production
capabilities through--
(1) supporting feasibility studies for mature mining,
beneficiation, and value-added processing projects;
(2) byproduct and co-product production at existing mining,
mine waste reclamation, and other industrial facilities;
(3) modernization of mining, beneficiation, and value-added
processing to increase productivity, environmental
sustainability, and workforce safety; or
(4) any other activity authorized under section 303(a)(1)
of the Defense Production Act of 1950 15 (50 U.S.C.
4533(a)(1)).
(c) Exception.--An action described in subsection (b) may not be
treated as a covered project or be included in the Permitting Dashboard
under subsection (a) if the project sponsor (as defined in section
41001(18) of the FAST Act (42 U.S.C. 4370m(18))) requests that the
action not be treated as a covered project.
SEC. 20306. NOTICE FOR MINERAL EXPLORATION ACTIVITIES WITH LIMITED
SURFACE DISTURBANCE.
(a) In General.--Not later than 15 days before commencing an
exploration activity with a surface disturbance of not more than 5
acres of public lands, the operator of such exploration activity shall
submit to the Secretary concerned a complete notice of such exploration
activity.
(b) Inclusions.--Notice submitted under subsection (a) shall
include such information the Secretary concerned may require, including
the information described in section 3809.301 of title 43, Code of
Federal Regulations (or any successor regulation).
(c) Review.--Not later than 15 days after the Secretary concerned
receives notice submitted under subsection (a), the Secretary concerned
shall--
(1) review and determine completeness of the notice; and
(2) allow exploration activities to proceed if--
(A) the surface disturbance of such exploration
activities on such public lands will not exceed 5
acres;
(B) the Secretary concerned determines that the
notice is complete; and
(C) the operator provides financial assurance that
the Secretary concerned determines is adequate.
(d) Definitions.--In this section:
(1) Exploration activity.--The term ``exploration
activity''--
(A) means creating surface disturbance greater than
casual use that includes sampling, drilling, or
developing surface or underground workings to evaluate
the type, extent, quantity, or quality of mineral
values present;
(B) includes constructing drill roads and drill
pads, drilling, trenching, excavating test pits, and
conducting geotechnical tests and geophysical surveys;
and
(C) does not include activities where material is
extracted for commercial use or sale.
(2) Secretary concerned.--The term ``Secretary concerned''
means--
(A) with respect to lands administered by the
Secretary, the Secretary; and
(B) with respect to National Forest System lands,
the Secretary of Agriculture.
SEC. 20307. USE OF MINING CLAIMS FOR ANCILLARY ACTIVITIES.
Section 10101 of the Omnibus Budget Reconciliation Act of 1993 (30
U.S.C. 28f) is amended by adding at the end the following:
``(e) Security of Tenure.--
``(1) In general.--
``(A) In general.--A claimant shall have the right
to use, occupy, and conduct operations on public land,
with or without the discovery of a valuable mineral
deposit, if--
``(i) such claimant makes a timely payment
of the location fee required by section 10102
and the claim maintenance fee required by
subsection (a); or
``(ii) in the case of a claimant who
qualifies for a waiver under subsection (d),
such claimant makes a timely payment of the
location fee and complies with the required
assessment work under the general mining laws.
``(B) Operations defined.--For the purposes of this
paragraph, the term `operations' means--
``(i) any activity or work carried out in
connection with prospecting, exploration,
processing, discovery and assessment,
development, or extraction with respect to a
locatable mineral;
``(ii) the reclamation of any disturbed
areas; and
``(iii) any other reasonably incident uses,
whether on a mining claim or not, including the
construction and maintenance of facilities,
roads, transmission lines, pipelines, and any
other necessary infrastructure or means of
access on public land for support facilities.
``(2) Fulfillment of federal land policy and management
act.--A claimant that fulfills the requirements of this section
and section 10102 shall be deemed to satisfy the requirements
of any provision of the Federal Land Policy and Management Act
of 1976 (43 U.S.C. 1701 et seq.) that requires the payment of
fair market value to the United States for use of public lands
and resources relating to use of such lands and resources
authorized by the general mining laws.
``(3) Savings clause.--Nothing in this subsection may be
construed to diminish the rights of entry, use, and occupancy,
or any other right, of a claimant under the general mining
laws.''.
SEC. 20308. ENSURING CONSIDERATION OF URANIUM AS A CRITICAL MINERAL.
(a) In General.--Section 7002(a)(3)(B)(i) of the Energy Act of 2020
(30 U.S.C. 1606(a)(3)(B)(i)) is amended to read as follows:
``(i) oil, oil shale, coal, or natural
gas;''.
(b) Update.--Not later than 60 days after the date of enactment of
this Act, the Secretary, acting through the Director of the United
States Geological Survey, shall publish in the Federal Register an
update to the final list established in section 7002(c)(3) of the
Energy Act of 2020 (30 U.S.C. 1606(c)(3)) in accordance with the
amendment made by subsection (a) of this section.
SEC. 20309. BARRING FOREIGN BAD ACTORS FROM OPERATING ON FEDERAL LANDS.
A mining claimant shall be barred from the right to use, occupy,
and conduct operations on Federal land if the Secretary finds the
claimant has a foreign parent company that has (including through a
subsidiary)--
(1) a known record of human rights violations; or
(2) knowingly operated an illegal mine in another country.
TITLE IV--FEDERAL LAND USE PLANNING
SEC. 20401. FEDERAL LAND USE PLANNING AND WITHDRAWALS.
(a) Resource Assessments Required.--Federal lands and waters may
not be withdrawn from entry under the mining laws or operation of the
mineral leasing and mineral materials laws unless--
(1) a quantitative and qualitative geophysical and
geological mineral resource assessment of the impacted area has
been completed during the 10-year period ending on the date of
such withdrawal;
(2) the Secretary, in consultation with the Secretary of
Commerce, the Secretary of Energy, and the Secretary of
Defense, conducts an assessment of the economic, energy,
strategic, and national security value of mineral deposits
identified in such mineral resource assessment;
(3) the Secretary conducts an assessment of the reduction
in future Federal revenues to the Treasury, States, the Land
and Water Conservation Fund, the Historic Preservation Fund,
and the National Parks and Public Land Legacy Restoration Fund
resulting from the proposed mineral withdrawal;
(4) the Secretary, in consultation with the Secretary of
Defense, conducts an assessment of military readiness and
training activities in the proposed withdrawal area; and
(5) the Secretary submits a report to the Committees on
Natural Resources, Agriculture, Energy and Commerce, and
Foreign Affairs of the House of Representatives and the
Committees on Energy and Natural Resources, Agriculture,
Nutrition, and forestry, and Foreign Affairs of the Senate,
that includes the results of the assessments completed pursuant
to this subsection.
(b) Land Use Plans.--Before a resource management plan under the
Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.)
or a forest management plan under the Forest and Rangeland Renewable
Resources Planning Act of 1974 (16 U.S.C. 1600 et seq.) is updated or
completed, the Secretary or Secretary of Agriculture, as applicable, in
consultation with the Director of the United States Geological Survey,
shall--
(1) review any quantitative and qualitative mineral
resource assessment that was completed or updated during the
10-year period ending on the date that the applicable land
management agency publishes a notice to prepare, revise, or
amend a land use plan by the Director of the United States
Geological Survey for the geographic area affected by the
applicable management plan;
(2) in consultation with the Secretary of Commerce, the
Secretary of Energy, and the Secretary of Defense, conducts an
assessment of the economic, energy, strategic, and national
security value of mineral deposits identified in such mineral
resource assessment; and
(3) submit a report to the Committees on Natural Resources,
Agriculture, Energy and Commerce, and Foreign Affairs of the
House of Representatives and the Committees on Energy and
Natural Resources, Agriculture, Nutrition, and Forestry, and
Foreign Affairs of the Senate, that includes the results of the
assessment completed pursuant to this subsection.
(c) New Information.--The Secretary shall provide recommendations
to the President on appropriate measures to reduce unnecessary impacts
that a withdrawal of Federal lands or waters from entry under the
mining laws or operation of the mineral leasing and mineral materials
laws may have on mineral exploration, development, and other mineral
activities (including authorizing exploration and development of such
mineral deposits) not later than 180 days after the Secretary has
notice that a resource assessment completed by the Director of the
United States Geological Survey, in coordination with the State
geological surveys, determines that a previously undiscovered mineral
deposit may be present in an area that has been withdrawn from entry
under the mining laws or operation of the mineral leasing and mineral
materials laws pursuant to--
(1) section 204 of the Federal Land Policy and Management
Act of 1976 (43 U.S.C. 1714); or
(2) chapter 3203 of title 54, United States Code.
SEC. 20402. PROHIBITIONS ON DELAY OF MINERAL DEVELOPMENT OF CERTAIN
FEDERAL LAND.
(a) Prohibitions.--Notwithstanding any other provision of law, the
President shall not carry out any action that would pause, restrict, or
delay the process for or issuance of any of the following on Federal
land, unless such lands are withdrawn from disposition under the
mineral leasing laws, including by administrative withdrawal:
(1) New oil and gas lease sales, oil and gas leases, drill
permits, or associated approvals or authorizations of any kind
associated with oil and gas leases.
(2) New coal leases (including leases by application in
process, renewals, modifications, or expansions of existing
leases), permits, approvals, or authorizations.
(3) New leases, claims, permits, approvals, or
authorizations for development or exploration of minerals.
(b) Prohibition on Rescission of Leases, Permits, or Claims.--The
President, the Secretary, or Secretary of Agriculture as applicable,
may not rescind any existing lease, permit, or claim for the extraction
and production of any mineral under the mining laws or mineral leasing
and mineral materials laws on National Forest System land or land under
the jurisdiction of the Bureau of Land Management, unless specifically
authorized by Federal statute, or upon the lessee's, permittee's, or
claimant's failure to comply with any of the provisions of the
applicable lease, permit, or claim.
(c) Mineral Defined.--In subsection (a)(3), the term ``mineral''
means any mineral subject to sections 2319 through 2344 of the Revised
Statutes (commonly known as the ``Mining Law of 1872'') (30 U.S.C. 22
et seq.) and any mineral located on lands acquired by the United States
(as defined in section 2 of the Mineral Leasing Act for Acquired Lands
(30 U.S.C. 351)).
SEC. 20403. DEFINITIONS.
In this title:
(1) Federal land.--The term ``Federal land'' means--
(A) National Forest System land;
(B) public lands (as defined in section 103 of the
Federal Land Policy and Management Act of 1976 (43
U.S.C. 1702));
(C) the outer Continental Shelf (as defined in
section 2 of the Outer Continental Shelf Lands Act (43
U.S.C. 1331)); and
(D) land managed by the Secretary of Energy.
(2) President.--The term ``President'' means--
(A) the President; and
(B) any designee of the President, including--
(i) the Secretary of Agriculture;
(ii) the Secretary of Commerce;
(iii) the Secretary of Energy; and
(iv) the Secretary.
(3) Previously undiscovered deposit.--The term ``previously
undiscovered mineral deposit'' means--
(A) a mineral deposit that has been previously
evaluated by the United States Geological Survey and
found to be of low mineral potential, but upon
subsequent evaluation is determined by the United
States Geological Survey to have significant mineral
potential; or
(B) a mineral deposit that has not previously been
evaluated by the United States Geological Survey.
(4) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
TITLE V--ENSURING COMPETITIVENESS ON FEDERAL LANDS
SEC. 20501. INCENTIVIZING DOMESTIC PRODUCTION.
(a) Offshore Oil and Gas Royalty Rate.--Section 8(a)(1) of the
Outer Continental Shelf Lands Act (43 U.S.C. 1337(a)(1)) is amended--
(1) in subparagraph (A), by striking ``not less than 16\2/
3\ percent, but not more than 18\3/4\ percent, during the 10-
year period beginning on the date of enactment of the Act
titled `An Act to provide for reconciliation pursuant to title
II of S. Con. Res. 14', and not less than 16\2/3\ percent
thereafter,'' and inserting ``not less than 12.5 percent'';
(2) in subparagraph (C), by striking ``not less than 16\2/
3\ percent, but not more than 18\3/4\ percent, during the 10-
year period beginning on the date of enactment of the Act
titled `An Act to provide for reconciliation pursuant to title
II of S. Con. Res. 14', and not less than 16\2/3\ percent
thereafter,'' and inserting ``not less than 12.5 percent'';
(3) in subparagraph (F), by striking ``not less than 16\2/
3\ percent, but not more than 18\3/4\ percent, during the 10-
year period beginning on the date of enactment of the Act
titled `An Act to provide for reconciliation pursuant to title
II of S. Con. Res. 14', and not less than 16\2/3\ percent
thereafter,'' and inserting ``not less than 12.5 percent''; and
(4) in subparagraph (H), by striking ``not less than 16\2/
3\ percent, but not more than 18\3/4\ percent, during the 10-
year period beginning on the date of enactment of the Act
titled `An Act to provide for reconciliation pursuant to title
II of S. Con. Res. 14', and not less than 16\2/3\ percent
thereafter,'' and inserting ``not less than 12.5 percent''.
(b) Mineral Leasing Act.--
(1) Onshore oil and gas royalty rates.--Section 17 of the
Mineral Leasing Act (30 U.S.C. 226) is amended--
(A) in subsection (b)(1)(A)--
(i) by striking ``not less than 16\2/3\''
and inserting ``not less than 12.5''; and
(ii) by striking ``or, in the case of a
lease issued during the 10-year period
beginning on the date of enactment of the Act
titled `An Act to provide for reconciliation
pursuant to title II of S. Con. Res. 14', 16\2/
3\ percent in amount or value of the production
removed or sold from the lease''; and
(B) by striking ``16\2/3\ percent'' each place it
appears and inserting ``12.5 percent''.
(2) Oil and gas minimum bid.--Section 17(b) of the Mineral
Leasing Act (30 U.S.C. 226(b)) is amended--
(A) in paragraph (1)(B), by striking ``$10 per acre
during the 10-year period beginning on the date of
enactment of the Act titled `An Act to provide for
reconciliation pursuant to title II of S. Con. Res.
14'.'' and inserting ``$2 per acre for a period of 2
years from the date of enactment of the Federal Onshore
Oil and Gas Leasing Reform Act of 1987.''; and
(B) in paragraph (2)(C), by striking ``$10 per
acre'' and inserting ``$2 per acre''.
(3) Fossil fuel rental rates.--Section 17(d) of the Mineral
Leasing Act (30 U.S.C. 226(d)) is amended to read as follows:
``(d) All leases issued under this section, as amended by the
Federal Onshore Oil and Gas Leasing Reform Act of 1987, shall be
conditioned upon payment by the lessee of a rental of not less than
$1.50 per acre per year for the first through fifth years of the lease
and not less than $2 per acre per year for each year thereafter. A
minimum royalty in lieu of rental of not less than the rental which
otherwise would be required for that lease year shall be payable at the
expiration of each lease year beginning on or after a discovery of oil
or gas in paying quantities on the lands leased.''.
(4) Expression of interest fee.--Section 17 of the Mineral
Leasing Act (30 U.S.C. 226) is further amended by repealing
subsection (q).
(5) Elimination of noncompetitive leasing.--Section 17 of
the Mineral Leasing Act (30 U.S.C. 226) is further amended--
(A) in subsection (b)--
(i) in paragraph (1)(A)--
(I) in the first sentence, by
striking ``paragraph (2)'' and
inserting ``paragraphs (2) and (3)'';
and
(II) by adding at the end ``Lands
for which no bids are received or for
which the highest bid is less than the
national minimum acceptable bid shall
be offered promptly within 30 days for
leasing under subsection (c) of this
section and shall remain available for
leasing for a period of 2 years after
the competitive lease sale.''; and
(ii) by adding at the end the following:
``(3)(A) If the United States held a vested future interest
in a mineral estate that, immediately prior to becoming a
vested present interest, was subject to a lease under which oil
or gas was being produced, or had a well capable of producing,
in paying quantities at an annual average production volume per
well per day of either not more than 15 barrels per day of oil
or condensate, or not more than 60,000 cubic feet of gas, the
holder of the lease may elect to continue the lease as a
noncompetitive lease under subsection (c)(1).
``(B) An election under this paragraph is effective--
``(i) in the case of an interest which vested after
January 1, 1990, and on or before October 24, 1992, if
the election is made before the date that is 1 year
after October 24, 1992;
``(ii) in the case of an interest which vests
within 1 year after October 24, 1992, if the election
is made before the date that is 2 years after October
24, 1992; and
``(iii) in any case other than those described in
clause (i) or (ii), if the election is made prior to
the interest becoming a vested present interest.'';
(B) by striking subsection (c) and inserting the
following:
``(c) Lands Subject to Leasing Under Subsection (b); First
Qualified Applicant.--
``(1) If the lands to be leased are not leased under
subsection (b)(1) of this section or are not subject to
competitive leasing under subsection (b)(2) of this section,
the person first making application for the lease who is
qualified to hold a lease under this chapter shall be entitled
to a lease of such lands without competitive bidding, upon
payment of a non-refundable application fee of at least $75. A
lease under this subsection shall be conditioned upon the
payment of a royalty at a rate of 12.5 percent in amount or
value of the production removed or sold from the lease. Leases
shall be issued within 60 days of the date on which the
Secretary identifies the first responsible qualified applicant.
``(2)(A) Lands (i) which were posted for sale under
subsection (b)(1) of this section but for which no bids were
received or for which the highest bid was less than the
national minimum acceptable bid and (ii) for which, at the end
of the period referred to in subsection (b)(1) of this section
no lease has been issued and no lease application is pending
under paragraph (1) of this subsection, shall again be
available for leasing only in accordance with subsection (b)(1)
of this section.
``(B) The land in any lease which is issued under paragraph
(1) of this subsection or under subsection (b)(1) of this
section which lease terminates, expires, is cancelled or is
relinquished shall again be available for leasing only in
accordance with subsection (b)(1) of this section.''; and
(C) by striking subsection (e) and inserting the
following:
``(e) Primary Term.--Competitive and noncompetitive leases issued
under this section shall be for a primary term of 10 years: Provided,
however, That competitive leases issued in special tar sand areas shall
also be for a primary term of 10 years. Each such lease shall continue
so long after its primary term as oil or gas is produced in paying
quantities. Any lease issued under this section for land on which, or
for which under an approved cooperative or unit plan of development or
operation, actual drilling operations were commenced prior to the end
of its primary term and are being diligently prosecuted at that time
shall be extended for 2 years and so long thereafter as oil or gas is
produced in paying quantities.''.
(6) Conforming amendments.--Section 31 of the Mineral
Leasing Act (30 U.S.C. 188) is amended--
(A) in subsection (d)(1), by striking ``section
17(b)'' and inserting ``subsection (b) or (c) of
section 17 of this Act'';
(B) in subsection (e)--
(i) in paragraph (2)--
(I) by inserting ``either'' after
``rentals and''; and
(II) by inserting ``or the
inclusion in a reinstated lease issued
pursuant to the provisions of section
17(c) of this Act of a requirement that
future rentals shall be at a rate not
less than $5 per acre per year, all''
before ``as determined by the
Secretary''; and
(ii) by amending paragraph (3) to read as
follows:
``(3)(A) payment of back royalties and the inclusion in a
reinstated lease issued pursuant to the provisions of section
17(b) of this Act of a requirement for future royalties at a
rate of not less than 16\2/3\ percent computed on a sliding
scale based upon the average production per well per day, at a
rate which shall be not less than 4 percentage points greater
than the competitive royalty schedule then in force and used
for royalty determination for competitive leases issued
pursuant to such section as determined by the Secretary:
Provided, That royalty on such reinstated lease shall be paid
on all production removed or sold from such lease subsequent to
the termination of the original lease;
``(B) payment of back royalties and inclusion in a
reinstated lease issued pursuant to the provisions of section
17(c) of this Act of a requirement for future royalties at a
rate not less than 16\2/3\ percent: Provided, That royalty on
such reinstated lease shall be paid on all production removed
or sold from such lease subsequent to the cancellation or
termination of the original lease; and'';
(C) in subsection (f)--
(i) in paragraph (1), by striking ``in the
same manner as the original lease issued
pursuant to section 17'' and inserting ``as a
competitive or a noncompetitive oil and gas
lease in the same manner as the original lease
issued pursuant to subsection (b) or (c) of
section 17 of this Act'';
(ii) by redesignating paragraphs (2) and
(3) as paragraph (3) and (4), respectively; and
(iii) by inserting after paragraph (1) the
following:
``(2) Except as otherwise provided in this section, the
issuance of a lease in lieu of an abandoned patented oil placer
mining claim shall be treated as a noncompetitive oil and gas
lease issued pursuant to section 17(c) of this Act.'';
(D) in subsection (g), by striking ``subsection
(d)'' and inserting ``subsections (d) and (f)'';
(E) by amending subsection (h) to read as follows:
``(h) Royalty Reductions.--
``(1) In acting on a petition to issue a noncompetitive oil
and gas lease, under subsection (f) of this section or in
response to a request filed after issuance of such a lease, or
both, the Secretary is authorized to reduce the royalty on such
lease if in his judgment it is equitable to do so or the
circumstances warrant such relief due to uneconomic or other
circumstances which could cause undue hardship or premature
termination of production.
``(2) In acting on a petition for reinstatement pursuant to
subsection (d) of this section or in response to a request
filed after reinstatement, or both, the Secretary is authorized
to reduce the royalty in that reinstated lease on the entire
leasehold or any tract or portion thereof segregated for
royalty purposes if, in his judgment, there are uneconomic or
other circumstances which could cause undue hardship or
premature termination of production; or because of any written
action of the United States, its agents or employees, which
preceded, and was a major consideration in, the lessee's
expenditure of funds to develop the property under the lease
after the rent had become due and had not been paid; or if in
the judgment of the Secretary it is equitable to do so for any
reason.'';
(F) by redesignating subsections (f) through (i) as
subsections (g) through (j), respectively; and
(G) by inserting after subsection (e) the
following:
``(f) Issuance of Noncompetitive Oil and Gas Lease; Conditions.--
Where an unpatented oil placer mining claim validly located prior to
February 24, 1920, which has been or is currently producing or is
capable of producing oil or gas, has been or is hereafter deemed
conclusively abandoned for failure to file timely the required
instruments or copies of instruments required by section 314 of the
Federal Land Policy and Management Act of 1976 (43 U.S.C. 1744), and it
is shown to the satisfaction of the Secretary that such failure was
inadvertent, justifiable, or not due to lack of reasonable diligence on
the part of the owner, the Secretary may issue, for the lands covered
by the abandoned unpatented oil placer mining claim, a noncompetitive
oil and gas lease, consistent with the provisions of section 17(e) of
this Act, to be effective from the statutory date the claim was deemed
conclusively abandoned. Issuance of such a lease shall be conditioned
upon--
``(1) a petition for issuance of a noncompetitive oil and
gas lease, together with the required rental and royalty,
including back rental and royalty accruing from the statutory
date of abandonment of the oil placer mining claim, being filed
with the Secretary (A) with respect to any claim deemed
conclusively abandoned on or before January 12, 1983, on or
before the 120th day after January 12, 1983, or (B) with
respect to any claim deemed conclusively abandoned after
January 12, 1983, on or before the 120th day after final
notification by the Secretary or a court of competent
jurisdiction of the determination of the abandonment of the oil
placer mining claim;
``(2) a valid lease not having been issued affecting any of
the lands covered by the abandoned oil placer mining claim
prior to the filing of such petition: Provided, however, That
after the filing of a petition for issuance of a lease under
this subsection, the Secretary shall not issue any new lease
affecting any of the lands covered by such abandoned oil placer
mining claim for a reasonable period, as determined in
accordance with regulations issued by him;
``(3) a requirement in the lease for payment of rental,
including back rentals accruing from the statutory date of
abandonment of the oil placer mining claim, of not less than $5
per acre per year;
``(4) a requirement in the lease for payment of royalty on
production removed or sold from the oil placer mining claim,
including all royalty on production made subsequent to the
statutory date the claim was deemed conclusively abandoned, of
not less than 12\1/2\ percent; and
``(5) compliance with the notice and reimbursement of costs
provisions of paragraph (4) of subsection (e) but addressed to
the petition covering the conversion of an abandoned unpatented
oil placer mining claim to a noncompetitive oil and gas
lease.''.
TITLE VI--ENERGY REVENUE SHARING
SEC. 20601. GULF OF MEXICO OUTER CONTINENTAL SHELF REVENUE.
(a) Distribution of Outer Continental Shelf Revenue to Gulf
Producing States.--Section 105 of the Gulf of Mexico Energy Security
Act of 2006 (43 U.S.C. 1331 note; Public Law 109-432) is amended--
(1) in subsection (a)--
(A) in paragraph (1), by striking ``50'' and
inserting ``37.5''; and
(B) in paragraph (2)--
(i) by striking ``50'' and inserting
``62.5'';
(ii) in subparagraph (A), by striking
``75'' and inserting ``80''; and
(iii) in subparagraph (B), by striking
``25'' and inserting ``20''; and
(2) by striking subsection (f) and inserting the following:
``(f) Treatment of Amounts.--Amounts disbursed to a Gulf producing
State under this section shall be treated as revenue sharing and not as
a Federal award or grant for the purposes of part 200 of title 2, Code
of Federal Regulations.''.
(b) Exemption of Certain Payments From Sequestration.--
(1) In general.--Section 255(g)(1)(A) of the Balanced
Budget and Emergency Deficit Control Act of 1985 (2 U.S.C.
905(g)(1)(A)) is amended by inserting after ``Payments to
Social Security Trust Funds (28-0404-0-1-651).'' the following:
``Payments to States pursuant to section 105(a)(2)(A) of
the Gulf of Mexico Energy Security Act of 2006 (43 U.S.C. 1331
note; Public Law 109-432) (014-5535-0-2-302).''.
(2) Applicability.--The amendment made by this subsection
shall apply to any sequestration order issued under the
Balanced Budget and Emergency Deficit Control Act of 1985 (2
U.S.C. 900 et seq.) on or after the date of enactment of this
Act.
SEC. 20602. PARITY IN OFFSHORE WIND REVENUE SHARING.
(a) Payments and Revenues.--Section 8(p)(2) of the Outer
Continental Shelf Lands Act (43 U.S.C. 1337(p)(2)) is amended--
(1) in subparagraph (A), by striking ``(A) The Secretary''
and inserting the following:
``(A) In general.--Subject to subparagraphs (B) and
(C), the Secretary'';
(2) in subparagraph (B), by striking ``(B) The Secretary''
and inserting the following:
``(B) Disposition of revenues for projects located
within 3 nautical miles seaward of state submerged
land.--The Secretary''; and
(3) by adding at the end the following:
``(C) Disposition of revenues for offshore wind
projects in certain areas.--
``(i) Definitions.--In this subparagraph:
``(I) Covered offshore wind
project.--The term `covered offshore
wind project' means a wind powered
electric generation project in a wind
energy area on the outer Continental
Shelf that is not wholly or partially
located within an area subject to
subparagraph (B).
``(II) Eligible state.--The term
`eligible State' means a State a point
on the coastline of which is located
within 75 miles of the geographic
center of a covered offshore wind
project.
``(III) Qualified outer continental
shelf revenues.--The term `qualified
outer Continental Shelf revenues' means
all royalties, fees, rentals, bonuses,
or other payments from covered offshore
wind projects carried out pursuant to
this subsection on or after the date of
enactment of this subparagraph.
``(ii) Requirement.--
``(I) In general.--The Secretary of
the Treasury shall deposit--
``(aa) 12.5 percent of
qualified outer Continental
Shelf revenues in the general
fund of the Treasury;
``(bb) 37.5 percent of
qualified outer Continental
Shelf revenues in the North
American Wetlands Conservation
Fund; and
``(cc) 50 percent of
qualified outer Continental
Shelf revenues in a special
account in the Treasury from
which the Secretary shall
disburse to each eligible State
an amount determined pursuant
to subclause (II).
``(II) Allocation.--
``(aa) In general.--Subject
to item (bb), for each fiscal
year beginning after the date
of enactment of this
subparagraph, the amount made
available under subclause
(I)(cc) shall be allocated to
each eligible State in amounts
(based on a formula established
by the Secretary by regulation)
that are inversely proportional
to the respective distances
between the point on the
coastline of each eligible
State that is closest to the
geographic center of the
applicable leased tract and the
geographic center of the leased
tract.
``(bb) Minimum
allocation.--The amount
allocated to an eligible State
each fiscal year under item
(aa) shall be at least 10
percent of the amounts made
available under subclause
(I)(cc).
``(cc) Payments to coastal
political subdivisions.--
``(AA) In
general.--The Secretary
shall pay 20 percent of
the allocable share of
each eligible State, as
determined pursuant to
item (aa), to the
coastal political
subdivisions of the
eligible State.
``(BB)
Allocation.--The amount
paid by the Secretary
to coastal political
subdivisions under
subitem (AA) shall be
allocated to each
coastal political
subdivision in
accordance with
subparagraphs (B) and
(C) of section 31(b)(4)
of this Act.
``(iii) Timing.--The amounts required to be
deposited under subclause (I) of clause (ii)
for the applicable fiscal year shall be made
available in accordance with such subclause
during the fiscal year immediately following
the applicable fiscal year.
``(iv) Authorized uses.--
``(I) In general.--Subject to
subclause (II), each eligible State
shall use all amounts received under
clause (ii)(II) in accordance with all
applicable Federal and State laws, only
for 1 or more of the following
purposes:
``(aa) Projects and
activities for the purposes of
coastal protection and
resiliency, including
conservation, coastal
restoration, estuary
management, beach nourishment,
hurricane and flood protection,
and infrastructure directly
affected by coastal wetland
losses.
``(bb) Mitigation of damage
to fish, wildlife, or natural
resources, including through
fisheries science and research.
``(cc) Implementation of a
federally approved marine,
coastal, or comprehensive
conservation management plan.
``(dd) Mitigation of the
impact of outer Continental
Shelf activities through the
funding of onshore
infrastructure projects.
``(ee) Planning assistance
and the administrative costs of
complying with this section.
``(ff) Infrastructure
improvements at ports,
including modifications to
Federal navigation channels, to
support installation of
offshore wind energy projects.
``(II) Limitation.--Of the amounts
received by an eligible State under
clause (ii)(II), not more than 3
percent shall be used for the purposes
described in subclause (I)(ee).
``(v) Administration.--Subject to clause
(vi)(III), amounts made available under items
(aa) and (cc) of clause (ii)(I) shall--
``(I) be made available, without
further appropriation, in accordance
with this subparagraph;
``(II) remain available until
expended; and
``(III) be in addition to any
amount appropriated under any other
Act.
``(vi) Reporting requirement.--
``(I) In general.--Not later than
180 days after the end of each fiscal
year, the Governor of each eligible
State that receives amounts under
clause (ii)(II) for the applicable
fiscal year shall submit to the
Secretary a report that describes the
use of the amounts by the eligible
State during the period covered by the
report.
``(II) Public availability.--On
receipt of a report submitted under
subclause (I), the Secretary shall make
the report available to the public on
the website of the Department of the
Interior.
``(III) Limitation.--If the
Governor of an eligible State that
receives amounts under clause (ii)(II)
fails to submit the report required
under subclause (I) by the deadline
specified in that subclause, any
amounts that would otherwise be
provided to the eligible State under
clause (ii)(II) for the succeeding
fiscal year shall be deposited in the
Treasury.
``(vii) Treatment of amounts.--Amounts
disbursed to an eligible State under this
subsection shall be treated as revenue sharing
and not as a Federal award or grant for the
purposes of part 200 of title 2, Code of
Federal Regulations.''.
(b) Wind Lease Sales for Areas of the Outer Continental Shelf
Offshore of Territories of the United States.--Section 33 of the Outer
Continental Shelf Lands Act (43 U.S.C. 1356c) is amended by adding at
the end the following:
``(b) Wind Lease Sale Procedure.--Any wind lease granted pursuant
to this section shall be considered a wind lease granted under section
8(p), including for purposes of the disposition of revenues pursuant to
subparagraphs (B) and (C) of section 8(p)(2).''.
(c) Exemption of Certain Payments From Sequestration.--
(1) In general.--Section 255(g)(1)(A) of the Balanced
Budget and Emergency Deficit Control Act of 1985 (2 U.S.C.
905(g)(1)(A)) is amended by inserting after ``Payments to
Social Security Trust Funds (28-0404-0-1-651).'' the following:
``Payments to States pursuant to subparagraph
(C)(ii)(I)(cc) of section 8(p)(2) of the Outer Continental
Shelf Lands Act (43 U.S.C. 1337(p)(2)).''.
(2) Applicability.--The amendment made by this subsection
shall apply to any sequestration order issued under the
Balanced Budget and Emergency Deficit Control Act of 1985 (2
U.S.C. 900 et seq.) on or after the date of enactment of this
Act.
SEC. 20603. ELIMINATION OF ADMINISTRATIVE FEE UNDER THE MINERAL LEASING
ACT.
(a) In General.--Section 35 of the Mineral Leasing Act (30 U.S.C.
191) is amended--
(1) in subsection (a), in the first sentence, by striking
``and, subject to the provisions of subsection (b),'';
(2) by striking subsection (b);
(3) by redesignating subsections (c) and (d) as subsections
(b) and (c), respectively;
(4) in paragraph (3)(B)(ii) of subsection (b) (as so
redesignated), by striking ``subsection (d)'' and inserting
``subsection (c)''; and
(5) in paragraph (3)(A)(ii) of subsection (c) (as so
redesignated), by striking ``subsection (c)(2)(B)'' and
inserting ``subsection (b)(2)(B)''.
(b) Conforming Amendments.--
(1) Section 6(a) of the Mineral Leasing Act for Acquired
Lands (30 U.S.C. 355(a)) is amended--
(A) in the first sentence, by striking ``Subject to
the provisions of section 35(b) of the Mineral Leasing
Act (30 U.S.C. 191(b)), all'' and inserting ``All'';
and
(B) in the second sentence, by striking ``of the
Act of February 25, 1920 (41 Stat. 450; 30 U.S.C.
191),'' and inserting ``of the Mineral Leasing Act (30
U.S.C. 191)''.
(2) Section 20(a) of the Geothermal Steam Act of 1970 (30
U.S.C. 1019(a)) is amended, in the second sentence of the
matter preceding paragraph (1), by striking ``the provisions of
subsection (b) of section 35 of the Mineral Leasing Act (30
U.S.C. 191(b)) and section 5(a)(2) of this Act'' and inserting
``section 5(a)(2)''.
(3) Section 205(f) of the Federal Oil and Gas Royalty
Management Act of 1982 (30 U.S.C. 1735(f)) is amended--
(A) in the first sentence, by striking ``this
Section'' and inserting ``this section''; and
(B) by striking the fourth, fifth, and sixth
sentences.
DIVISION C--WATER QUALITY CERTIFICATION AND ENERGY PROJECT IMPROVEMENT
SEC. 30001. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This division may be cited as the ``Water Quality
Certification and Energy Project Improvement Act of 2023''.
(b) Table of Contents.--The table of contents of this division is
as follows:
DIVISION C--WATER QUALITY CERTIFICATION AND ENERGY PROJECT IMPROVEMENT
Sec. 30001. Short title; table of contents.
Sec. 30002. Certification.
SEC. 30002. CERTIFICATION.
Section 401 of the Federal Water Pollution Control Act (33 U.S.C.
1341) is amended--
(1) in subsection (a)--
(A) in paragraph (1)--
(i) in the first sentence, by striking
``may result'' and inserting ``may directly
result'';
(ii) in the second sentence, by striking
``activity'' and inserting ``discharge'';
(iii) in the third sentence, by striking
``applications'' each place it appears and
inserting ``requests'';
(iv) in the fifth sentence, by striking
``act on'' and inserting ``grant or deny''; and
(v) by inserting after the fourth sentence
the following: ``Not later than 30 days after
the date of enactment of the Water Quality
Certification and Energy Project Improvement
Act of 2023, each State and interstate agency
that has authority to give such a
certification, and the Administrator, shall
publish requirements for certification to
demonstrate to such State, such interstate
agency, or the Administrator, as the case may
be, compliance with the applicable provisions
of sections 301, 302, 303, 306, and 307. A
decision to grant or deny a request for
certification shall be based only on the
applicable provisions of sections 301, 302,
303, 306, and 307, and the grounds for the
decision shall be set forth in writing and
provided to the applicant. Not later than 90
days after receipt of a request for
certification, the State, interstate agency, or
Administrator, as the case may be, shall
identify in writing all specific additional
materials or information that are necessary to
grant or deny the request.'';
(B) in paragraph (2)--
(i) in the second sentence, by striking
``notice of application for such Federal
license or permit'' and inserting ``receipt of
a notice under the preceding sentence'';
(ii) in the third sentence, by striking
``any water quality requirement'' and inserting
``any applicable provision of section 301, 302,
303, 306, or 307'';
(iii) in the fifth sentence, by striking
``insure compliance with applicable water
quality requirements.'' and inserting ``ensure
compliance with the applicable provisions of
sections 301, 302, 303, 306, and 307.'';
(iv) in the final sentence, by striking
``insure'' and inserting ``ensure''; and
(v) by striking the first sentence and
inserting ``On receipt of a request for
certification, the certifying State or
interstate agency, as applicable, shall
immediately notify the Administrator of the
request.'';
(C) in paragraph (3), in the second sentence, by
striking ``section'' and inserting ``any applicable
provision of section'';
(D) in paragraph (4)--
(i) in the first sentence, by striking
``assuring that applicable effluent limitations
or other limitations or other applicable water
quality requirements will not be violated'' and
inserting ``ensuring that no applicable
provision of section 301, 302, 303, 306, or 307
will be violated'';
(ii) in the second sentence, by striking
``will violate applicable effluent limitations
or other limitations or other water quality
requirements'' and inserting ``will directly
result in a discharge that violates an
applicable provision of section 301, 302, 303,
306, or 307,''; and
(iii) in the third sentence, by striking
``such facility or activity will not violate
the applicable provisions'' and inserting
``operation of such facility or activity will
not directly result in a discharge that
violates any applicable provision''; and
(E) in paragraph (5), by striking ``the applicable
provisions'' and inserting ``any applicable
provision'';
(2) in subsection (d), by striking ``any applicable
effluent limitations and other limitations, under section 301
or 302 of this Act, standard of performance under section 306
of this Act, or prohibition, effluent standard, or pretreatment
standard under section 307 of this Act, and with any other
appropriate requirement of State law set forth in such
certification, and'' and inserting ``the applicable provisions
of sections 301, 302, 303, 306, and 307, and any such
limitations or requirements''; and
(3) by adding at the end the following:
``(e) For purposes of this section, the applicable provisions of
sections 301, 302, 303, 306, and 307 are any applicable effluent
limitations and other limitations under section 301 or 302, standard of
performance under section 306, prohibition, effluent standard, or
pretreatment standard under section 307, and requirement of State law
implementing water quality criteria under section 303 necessary to
support the designated use or uses of the receiving navigable
waters.''.
<all>
</pre></body></html>
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[
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118S948
|
Healthy Moms and Babies Act
|
[
[
"G000386",
"Sen. Grassley, Chuck [R-IA]",
"sponsor"
],
[
"H001076",
"Sen. Hassan, Margaret Wood [D-NH]",
"cosponsor"
]
] |
<html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 948 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 948
To amend titles XIX and XXI of the Social Security Act to improve
maternal health coverage under Medicaid and CHIP, and for other
purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
March 22, 2023
Mr. Grassley (for himself and Ms. Hassan) introduced the following
bill; which was read twice and referred to the Committee on Finance
_______________________________________________________________________
A BILL
To amend titles XIX and XXI of the Social Security Act to improve
maternal health coverage under Medicaid and CHIP, and for other
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 ``Healthy Moms and
Babies Act''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
Sec. 3. Mandatory reporting by State Medicaid programs on adult health
care quality measures of maternal and
perinatal health.
Sec. 4. Medicaid quality improvement initiatives to reduce rates of
cesarean sections; Medicare requirement for
hospitals to report on data on cesarean
births.
Sec. 5. State option to provide coordinated care through a health home
for pregnant and postpartum women.
Sec. 6. Guidance on care coordination to support maternal health.
Sec. 7. National reskilling of the maternity care workforce.
Sec. 8. MACPAC study on doulas and community health workers; guidance
on increasing access to doula services
under Medicaid.
Sec. 9. Demonstration projects to improve the delivery of maternal
health care through telehealth.
Sec. 10. CMS report on coverage of remote physiologic monitoring
devices and impact on maternal and child
health outcomes under Medicaid.
Sec. 11. Guidance on community-based maternal health programs.
Sec. 12. Developing guidance on maternal mortality and severe morbidity
reduction for maternal care providers
receiving payment under the Medicaid
program.
Sec. 13. Program related to reducing cesarean births and increasing
rates of vaginal birth after cesarean.
Sec. 14. Collection of information related to social determinants of
the health of Medicaid and CHIP
beneficiaries.
Sec. 15. Report on payment methodologies for transferring pregnant
women between facilities before, during,
and after childbirth.
Sec. 16. Medicaid guidance on State options to address social
determinants of health for pregnant and
postpartum women.
Sec. 17. Payment error rate measurement (PERM) audit and improvement
requirements.
SEC. 2. DEFINITIONS.
In this Act:
(1) CHIP.--The term ``CHIP'' means the Children's Health
Insurance Program established under title XXI of the Social
Security Act (42 U.S.C. 1397aa et seq.).
(2) Comptroller general.--The term ``Comptroller General''
means the Comptroller General of the United States.
(3) Group health plan; health insurance issuer, etc.--The
terms ``group health plan'', ``health insurance coverage'',
``health insurance issuer'', ``group health insurance
coverage'', and ``individual health insurance coverage'' have
the meanings given such terms in section 2791 of the Public
Health Service Act (42 U.S.C. 300gg-91).
(4) Medicaid.--The term ``Medicaid'' means the Medicaid
program established under title XIX of the Social Security Act
(42 U.S.C. 1396 et seq.).
(5) Medicaid managed care organization.--The term
``medicaid managed care organization'' has the meaning given
that term in section 1903(m)(1)(A) of the Social Security Act
(42 U.S.C. 1396b(m)(1)(A)).
(6) Secretary.--The term ``Secretary'' means the Secretary
of Health and Human Services.
(7) State.--The term ``State'' has the meaning given that
term for purposes of titles V, XIX, and XXI of the Social
Security Act (42 U.S.C. 701 et seq. 1396 et seq., 1397aa et
seq.).
SEC. 3. MANDATORY REPORTING BY STATE MEDICAID PROGRAMS ON ADULT HEALTH
CARE QUALITY MEASURES OF MATERNAL AND PERINATAL HEALTH.
Section 1139B of the Social Security Act (42 U.S.C. 1320b-9b) is
amended--
(1) in subsection (b)--
(A) in paragraph (3)(B)--
(i) in the subparagraph heading, by
inserting ``and maternal and perinatal health''
after ``behavioral health'';
(ii) by striking ``all behavioral health''
and inserting ``all behavioral health and
maternal and perinatal health''; and
(iii) by inserting ``and of maternal and
perinatal health care for Medicaid eligible
adults'' after ``Medicaid eligible adults'';
and
(B) in paragraph (5)(C)--
(i) in the subparagraph heading, by
inserting ``and maternal and perinatal health''
after ``behavioral health''; and
(ii) by inserting ``and, with respect to
Medicaid eligible adults, maternal and
perinatal health measures'' after ``behavioral
health measures''; and
(2) in subsection (d)(1)(A), by inserting ``and maternal
and perinatal health'' after ``behavioral health''.
SEC. 4. MEDICAID QUALITY IMPROVEMENT INITIATIVES TO REDUCE RATES OF
CESAREAN SECTIONS; MEDICARE REQUIREMENT FOR HOSPITALS TO
REPORT ON DATA ON CESAREAN BIRTHS.
(a) Medicaid State Plan Amendment.--Section 1902(a) of the Social
Security Act (42 U.S.C. 1396a(a)) is amended--
(1) in paragraph (86), by striking ``and'' after the
semicolon;
(2) in paragraph (87), by striking the period at the end
and inserting ``; and''; and
(3) by inserting after paragraph (87) the following:
``(88) provide that, not later than January 1, 2025, and
annually thereafter through January 1, 2035, the State shall
submit a report to the Secretary, that shall be made publicly
available, which contains with respect to the preceding
calendar year--
``(A) the rate of low-risk cesarean delivery, as
defined by the Secretary in consultation with relevant
stakeholders, for pregnant women eligible for medical
assistance under the State plan or a waiver of such
plan in the State, as compared to the overall rate of
cesarean delivery in the State;
``(B) a description of the State's quality
improvement activities to safely reduce the rate of
low-risk cesarean delivery (as so defined) for pregnant
women eligible for medical assistance under the State
plan or a waiver of such plan in the State reported
under subparagraph (A), including initiatives aimed at
reducing racial and ethnic health disparities,
hospital-level quality improvement initiatives, taking
into account hospital type and the patient population
served, and, if applicable, partnerships with State or
regional perinatal quality collaboratives;
``(C) for each report submitted after January 1,
2025, the percentage change (if any) in the rate of
low-risk cesarean delivery (as so defined) for pregnant
women eligible for medical assistance under the State
plan or a waiver of such plan in the State reported
under subparagraph (A) from the rate reported for the
most recent previous report; and
``(D) such other relevant data and information as
determined by the Secretary, and in consultation with
relevant stakeholders, such as State initiatives and
evaluations of quality improvement activities, cesarean
delivery rates, and health outcomes.''.
(b) Gao Study Regarding Medicaid Payment Rates Cesarean Births.--
(1) Study.--The Comptroller General shall conduct a study
regarding payment rates for cesarean births and vaginal births
under State Medicaid programs. To the extent feasible and data
are available, the study shall include analyses of the
following:
(A) Payment rates for cesarean births and vaginal
births paid by fee-for-service Medicaid programs and by
Medicaid programs that contract with Medicaid managed
care organizations to furnish medical assistance under
such programs;
(B) What is known about how Medicaid payment rates
have changed over time;
(C) What is known about how payment rates for
cesarean and vaginal births by Medicaid programs
compare with the payment rates for such births by other
sources of insurance coverage;
(D) Such other factors related to payment rates for
cesarean and vaginal births under Medicaid as the
Comptroller General determines appropriate.
(2) Report.--Not later than 18 months after the date of
enactment of this Act, the Comptroller General shall submit to
Congress a report containing the results of the study conducted
under paragraph (1), together with recommendations for such
legislation and administrative action as the Comptroller
General determines appropriate.
(c) Gao Study on Racial Disparities in Cesarean Births.--
(1) In general.--The Comptroller General shall conduct a
study on racial disparities in the frequency of cesarean
births. To the extent feasible and data are available, the
study shall compare such information on low- and high-risk
cesarean births, differences by payer (such as Medicaid and
private payers), and hospital characteristics (such as location
or hospital type). Such study may consider other factors
related to racial disparities in maternal health as the
Comptroller General deems appropriate.
(2) Report.--Not later than 2 years after the date of
enactment of this Act, the Comptroller General shall submit to
Congress a report containing the results of the study conducted
under paragraph (1), together with recommendations for such
legislation and administrative action as the Comptroller
General determines appropriate.
(d) Medicare Requirement for Hospitals To Report Data on Cesarean
Births.--
(1) Requirement.--Section 1866(a)(1) of the Social Security
Act (42 U.S.C. 1395cc(a)(1)) is amended--
(A) by moving the indentation of subparagraph (W) 2
ems to the left;
(B) in subparagraph (X)--
(i) by moving the indentation 2 ems to the
left; and
(ii) by striking ``and'' at the end;
(C) in subparagraph (Y), by striking the period at
the end and inserting ``; and''; and
(D) by inserting after subparagraph (Y) the
following new subparagraph:
``(Z) in the case of a hospital, to submit, in a form and
manner, and at a time, specified by the Secretary, data on the
Nulliparous, Term, Singleton, Vertex Cesarean section (NTSV C-
section) rate with respect to the hospital for the preceding
year.''.
(2) Incorporation into hospital quality reporting.--Section
1886(b)(3)(B)(viii) of the Social Security Act (42 U.S.C.
1395ww(b)(3)(B)(viii)) is amended by adding at the end the
following new subclause:
``(XIII) Effective for payments beginning with fiscal year 2025, in
expanding the number of measures under subclause (III), the Secretary
shall adopt a measure relating to the Nulliparous, Term, Singleton,
Vertex Cesarean section (NTSV C-section) rate for hospitals in
inpatient settings. Not later than 2025, the Secretary shall
incorporate such measure into the designation of maternity care quality
hospitals, as described in the final rule entitled `Medicare Program;
Hospital Inpatient Prospective Payment Systems for Acute Care Hospitals
and the Long Term Care Hospital Prospective Payment System and Policy
Changes and Fiscal Year 2023 Rates; Quality Programs and Medicare
Promoting Interoperability Program Requirements for Eligible Hospitals
and Critical Access Hospitals; Costs Incurred for Qualified and Non-
Qualified Deferred Compensation Plans; and Changes to Hospital and
Critical Access Hospital Conditions of Participation' (87 Fed. Reg.
48780 (August 10, 2022)).''.
SEC. 5. STATE OPTION TO PROVIDE COORDINATED CARE THROUGH A HEALTH HOME
FOR PREGNANT AND POSTPARTUM WOMEN.
Title XIX of the Social Security Act (42 U.S.C. 1396 et seq.) is
amended by inserting after section 1945A the following new section:
``SEC. 1945B. STATE OPTION TO PROVIDE COORDINATED CARE THROUGH A HEALTH
HOME FOR PREGNANT AND POSTPARTUM WOMEN.
``(a) State Option.--
``(1) In general.--Notwithstanding section 1902(a)(1)
(relating to statewideness) and section 1902(a)(10)(B)
(relating to comparability), beginning April 1, 2026, a State,
at its option as a State plan amendment, may provide for
medical assistance under this title to an eligible woman who
chooses to--
``(A) enroll in a maternity health home under this
section by selecting a designated provider, a team of
health care professionals operating with such a
provider, or a health team as the woman's maternity
health home for purposes of providing the woman with
pregnancy and postpartum coordinated care services; or
``(B) receive such services from a designated
provider, a team of health care professionals operating
with such a provider, or a health team that has
voluntarily opted to participate in a maternity health
home for eligible women under this section.
``(2) Eligible woman defined.--In this section, the term
`eligible woman' means an individual--
``(A) who is eligible for medical assistance under
the State plan (or under a waiver of such plan) for all
items and services covered under the State plan (or
waiver) that are not less in amount, duration, or
scope, or are determined by the Secretary to be
substantially equivalent, to the medical assistance
available for an individual described in subsection
(a)(10)(A)(i); and
``(B) who--
``(i) is pregnant; or
``(ii) had a pregnancy end within the last
365 days.
``(b) Qualification Standards.--The Secretary shall establish
standards for qualification as a maternity health home or as a
designated provider, team of health care professionals operating with
such a provider, or a health team eligible for participation in a
maternity health home for purposes of this section. In establishing
such standards, the Secretary shall consider best practices and models
of care used by recipients of grants under section 330P of the Public
Health Service Act. Such standards shall include requiring designated
providers, teams of health care professionals operating with such
providers, and health teams (designated as a maternity health home) to
demonstrate to the State the ability to do the following:
``(1) Coordinate prompt care and access to necessary
maternity care services, including services provided by
specialists, and programs for an eligible woman during her
pregnancy and the 365-day period beginning on the last day of
her pregnancy.
``(2) Develop an individualized, comprehensive, patient-
centered care plan for each eligible woman that accommodates
patient preferences and, if applicable, reflects adjustments to
the payment methodology described in subsection (c)(2)(B).
``(3) Develop and incorporate into each eligible woman's
care plan, in a culturally and linguistically appropriate
manner consistent with the needs of the eligible woman, ongoing
home care, community-based primary care, inpatient care, social
support services, health-related social needs services,
behavioral health services, local hospital emergency care, and,
in the event of a change in income that would result in the
eligible woman losing eligibility for medical assistance under
the State plan or waiver, care management and planning related
to a change in the eligible woman's health insurance coverage.
``(4) Coordinate with pediatric care providers, as
appropriate.
``(5) Collect and report information under subsection
(f)(1).
``(c) Payments.--
``(1) In general.--A State shall provide a designated
provider, a team of health care professionals operating with
such a provider, or a health team with payments for the
provision of pregnancy and postpartum coordinated care
services, to each eligible woman that selects such provider,
team of health care professionals, or health team as the
woman's maternity health home or care provider. Payments made
to a maternity health home or care provider for such services
shall be treated as medical assistance for purposes of section
1903(a).
``(2) Methodology.--The State shall specify in the State
plan amendment the methodology the State will use for
determining payment for the provision of pregnancy and
postpartum coordinated care services or treatment during an
eligible woman's pregnancy and the 365-day period beginning on
the last day of her pregnancy. Such methodology for determining
payment--
``(A) may be based on--
``(i) a per-member per-month basis for each
eligible woman enrolled in the maternity health
home;
``(ii) a prospective payment model, in the
case of payments to Federally qualified health
centers or a rural health clinics; or
``(iii) an alternate model of payment
(which may include a model developed under a
waiver under section 1115) proposed by the
State and approved by the Secretary;
``(B) may be adjusted to reflect, with respect to
each eligible woman--
``(i) the severity of the risks associated
with the woman's pregnancy;
``(ii) the severity of the risks associated
with the woman's postpartum health care needs;
and
``(iii) the level or amount of time of care
coordination required with respect to the
woman; and
``(C) shall be established consistent with section
1902(a)(30)(A).
``(d) Coordinating Care.--
``(1) Hospital notification.--A State with a State plan
amendment approved under this section shall require each
hospital that is a participating provider under the State plan
(or under a waiver of such plan) to establish procedures in the
case of an eligible woman who seeks treatment in the emergency
department of such hospital for--
``(A) providing the woman with culturally and
linguistically appropriate information on the
respective treatment models and opportunities for the
woman to access a maternity health home and its
associated benefits; and
``(B) notifying the maternity health home in which
the woman is enrolled, or the designated provider, team
of health care professionals operating with such a
provider, or health team treating the woman, of the
woman's treatment in the emergency department and of
the protocols for the maternity health home, designated
provider, or team to be involved in the woman's
emergency care or post-discharge care.
``(2) Education with respect to availability of a maternity
health home.--
``(A) In general.--In order for a State plan
amendment to be approved under this section, a State
shall include in the State plan amendment a description
of the State's process for--
``(i) educating providers participating in
the State plan (or a waiver of such plan) on
the availability of maternity health homes for
eligible women, including the process by which
such providers can participate in or refer
eligible women to an approved maternity health
home or a designated provider, team of health
care professionals operating such a provider,
or health team; and
``(ii) educating eligible women, in a
culturally and linguistically appropriate
manner, on the availability of maternity health
homes.
``(B) Outreach.--The process established by the
State under subparagraph (A) shall include the
participation of entities or other public or private
organizations or entities that provide outreach and
information on the availability of health care items
and services to families of individuals eligible to
receive medical assistance under the State plan (or a
waiver of such plan).
``(3) Mental health coordination.--A State with a State
plan amendment approved under this section shall consult and
coordinate, as appropriate, with the Secretary in addressing
issues regarding the prevention, identification, and treatment
of mental health conditions and substance use disorders among
eligible women.
``(4) Social and support services.--A State with a State
plan amendment approved under this section shall consult and
coordinate, as appropriate, with the Secretary in establishing
means to connect eligible women receiving pregnancy and
postpartum coordinated care services under this section with
social and support services, including services made available
under maternal, infant, and early childhood home visiting
programs established under section 511, and services made
available under section 330H or title X of the Public Health
Service Act.
``(e) Monitoring.--A State shall include in the State plan
amendment--
``(1) a methodology for tracking reductions in inpatient
days and reductions in the total cost of care resulting from
improved care coordination and management under this section;
``(2) a proposal for use of health information technology
in providing an eligible woman with pregnancy and postpartum
coordinated care services as specified under this section and
improving service delivery and coordination across the care
continuum; and
``(3) a methodology for tracking prompt and timely access
to medically necessary care for eligible women from out-of-
State providers.
``(f) Data Collection.--
``(1) Provider reporting requirements.--In order to receive
payments from a State under subsection (c), a maternity health
home, or a designated provider, a team of health care
professionals operating with such a provider, or a health team,
shall report to the State, at such time and in such form and
manner as may be required by the State, including through a
health information exchange or other public health data sharing
entity, the following information:
``(A) With respect to each such designated
provider, team of health care professionals operating
with such a provider, and health team (designated as a
maternity health home), the name, National Provider
Identification number, address, and specific health
care services offered to be provided to eligible women
who have selected such provider, team of health care
professionals, or health team as the women's maternity
health home.
``(B) Information on measures from the core sets of
child health quality measures and adult health quality
measures under sections 1139A and 1139B that are
identified by the Secretary as being relevant to
maternal, perinatal, or infant health.
``(C) Information on all other applicable measures
for determining the quality of services provided by
such provider, team of health care professionals, or
health team.
``(D) Such other information as the Secretary shall
specify in guidance.
``(2) State reporting requirements.--
``(A) Comprehensive report.--A State with a State
plan amendment approved under this section shall report
to the Secretary (and, upon request, to the Medicaid
and CHIP Payment and Access Commission), at such time,
but at a minimum frequency of every 12 months, and in
such form and manner determined by the Secretary to be
reasonable and minimally burdensome, including through
a health information exchange or other public health
data sharing entity, the following information:
``(i) Information described in paragraph
(1).
``(ii) The number and, to the extent
available and while maintaining all relevant
protecting privacy and confidentially
protections, disaggregated demographic
information of eligible women who have enrolled
in a maternity health home pursuant to this
section.
``(iii) The number of maternity health
homes in the State.
``(iv) The medical conditions or factors
that contribute to severe maternal morbidity
among eligible women enrolled in maternity
health homes in the State.
``(v) The extent to which such women
receive health care items and services under
the State plan before, during, and after the
women's enrollment in such a maternity health
home.
``(vi) Where applicable, mortality data and
data for the associated causes of death for
eligible women enrolled in a maternity health
home under this section, in accordance with
subsection (g). For deaths occurring
postpartum, such data shall distinguish between
deaths occurring up to 42 days postpartum and
deaths occurring between 43 days to up to 1
year postpartum. Where applicable, data
reported under this clause shall be reported
alongside comparable data from a State's
maternal mortality review committee, as
established in accordance with section 317K(d)
of the Public Health Service Act, for purposes
of further identifying and comparing statewide
trends in maternal mortality among populations
participating in the maternity health home
under this section.
``(B) Implementation report.--Not later than 18
months after a State has a State plan amendment
approved under this section, the State shall submit to
the Secretary, and make publicly available on the
appropriate State website, a report on how the State is
implementing the option established under this section,
including through any best practices adopted by the
State.
``(g) Confidentiality.--A State with a State plan amendment under
this section shall establish confidentiality protections for the
purposes of subsection (f)(2)(A) to ensure, at a minimum, that there is
no disclosure by the State of any identifying information about any
specific eligible woman enrolled in a maternity health home or any
maternal mortality case, and that all relevant confidentiality and
privacy protections, including the requirements under 1902(a)(7)(A),
are maintained.
``(h) Rule of Construction.--Nothing in this section shall be
construed to require--
``(1) an eligible woman to enroll in a maternity health
home under this section; or
``(2) a designated provider or health team to act as a
maternity health home and provide services in accordance with
this section if the provider or health team does not
voluntarily agree to act as a maternity health home.
``(i) Planning Grants.--
``(1) In general.--Beginning October 1, 2025, from the
amount appropriated under paragraph (2), the Secretary shall
award planning grants to States for purposes of developing and
submitting a State plan amendment under this section. The
Secretary shall award a grant to each State that applies for a
grant under this subsection, but the Secretary may determine
the amount of the grant based on the merits of the application
and the goal of the State to prioritize health outcomes for
eligible women. A planning grant awarded to a State under this
subsection shall remain available until expended.
``(2) Appropriation.--There are authorized to be
appropriated to the Secretary $50,000,000 for the period of
fiscal years 2024 through 2026, for the purposes of making
grants under this subsection, to remain available until
expended.
``(3) Limitation.--The total amount of payments made to
States under this subsection shall not exceed $50,000,000.
``(j) Additional Definitions.--In this section:
``(1) Designated provider.--The term `designated provider'
means a physician (including an obstetrician-gynecologist),
hospital, clinical practice or clinical group practice, a
medicaid managed care organization, as defined in section
1903(m)(1)(A), a prepaid inpatient health plan, as defined in
section 438.2 of title 42, Code of Federal Regulations (or any
successor regulation), a prepaid ambulatory health plan, as
defined in such section (or any successor regulation), rural
clinic, community health center, community mental health
center, or any other entity or provider that is determined by
the State and approved by the Secretary to be qualified to be a
maternity health home on the basis of documentation evidencing
that the entity has the systems, expertise, and infrastructure
in place to provide pregnancy and postpartum coordinated care
services. Such term may include providers who are employed by,
or affiliated with, a hospital.
``(2) Maternity health home.--The term `maternity health
home' means a designated provider (including a provider that
operates in coordination with a team of health care
professionals) or a health team is selected by an eligible
woman to provide pregnancy and postpartum coordinated care
services.
``(3) Health team.--The term `health team' has the meaning
given such term for purposes of section 3502 of Public Law 111-
148.
``(4) Pregnancy and postpartum coordinated care services.--
``(A) In general.--The term `pregnancy and
postpartum coordinated care services' means items and
services related to the coordination of care for
comprehensive and timely high-quality, culturally and
linguistically appropriate, services described in
subparagraph (B) that are provided by a designated
provider, a team of health care professionals operating
with such a provider, or a health team (designated as a
maternity health home).
``(B) Services described.--
``(i) In general.--The services described
in this subparagraph shall include with respect
to a State electing the State plan amendment
option under this section, any medical
assistance for items and services for which
payment is available under the State plan or
under a waiver of such plan.
``(ii) Other items and services.--In
addition to medical assistance described in
clause (i), the services described in this
subparagraph shall include the following:
``(I) Any item or service for which
medical assistance is otherwise
available under the State plan (or a
waiver of such plan) related to the
treatment of a woman during the woman's
pregnancy and the 1-year period
beginning on the last day of her
pregnancy, including mental health and
substance use disorder services.
``(II) Comprehensive care
management.
``(III) Care coordination
(including with pediatricians as
appropriate), health promotion, and
providing access to the full range of
maternal, obstetric, and gynecologic
services, including services from out-
of-State providers.
``(IV) Comprehensive transitional
care, including appropriate follow-up,
from inpatient to other settings.
``(V) Patient and family support
(including authorized representatives).
``(VI) Referrals to community and
social support services, if relevant.
``(VII) Use of health information
technology to link services, as
feasible and appropriate.
``(5) Team of health care professionals.--The term `team of
health care professionals' means a team of health care
professionals (as described in the State plan amendment under
this section) that may--
``(A) include--
``(i) physicians, including gynecologist-
obstetricians, pediatricians, and other
professionals such as physicians assistants,
advance practice nurses, including certified
nurse midwives, nurses, nurse care
coordinators, dietitians, nutritionists, social
workers, behavioral health professionals,
physical counselors, physical therapists,
occupational therapists, or any professionals
that assist in prenatal care, delivery, or
postpartum care for which medical assistance is
available under the State plan or a waiver of
such plan and determined to be appropriate by
the State and approved by the Secretary;
``(ii) an entity or individual who is
designated to coordinate such care delivered by
the team; and
``(iii) when appropriate and if otherwise
eligible to furnish items and services that are
reimbursable as medical assistance under the
State plan or under a waiver of such plan,
doulas, community health workers, translators
and interpreters, and other individuals with
culturally appropriate and trauma-informed
expertise; and
``(B) provide care at a facility that is
freestanding, virtual, or based at a hospital,
community health center, community mental health
center, rural clinic, clinical practice or clinical
group practice, academic health center, or any entity
determined to be appropriate by the State and approved
by the Secretary.''.
SEC. 6. GUIDANCE ON CARE COORDINATION TO SUPPORT MATERNAL HEALTH.
Not later than 2 years after the date of enactment of this Act, the
Secretary shall issue guidance for State Medicaid programs on improved
care coordination, continuity of care, and clinical integration to
support the needs of pregnant and postpartum women for services
eligible for Medicaid payment. Such guidance shall identify best
practices for care coordination for such women, both with respect to
fee-for-service State Medicaid programs and State Medicaid programs
that contract with Medicaid managed care organizations or other
specified entities to furnish medical assistance for such women, and
shall illustrate strategies for--
(1) enhancing primary care and maternity care coordination
with specialists, including cardiologists, specialists in
gestational diabetes, dentists, lactation specialists, genetic
counselors, and behavioral health providers;
(2) integrating behavioral health providers to provide
screening, assessment, treatment, and referral for behavioral
health needs, including substance use disorders, maternal
depression, anxiety, intimate partner violence, and other
trauma;
(3) integrating into care teams or coordinating with
nonclinical professionals, including (if licensed or
credentialed by a State or State-authorized organization)
doulas, peer support specialists, and community health workers,
and how these services provided by such professionals may be
eligible for Federal financial participation under Medicaid;
(4) screening pregnant and postpartum women for social
needs and coordinating related services during the prenatal and
postpartum periods to ensure social and physical supports are
provided for such women during such periods and for their
children;
(5) supporting women who have had a stillbirth;
(6) screening for maternal health, behavioral health, and
social needs during well-child and pediatric care visits; and
(7) streamlining and reducing duplication in care
coordination efforts across and among providers, plans, and
other entities for such women.
SEC. 7. NATIONAL RESKILLING OF THE MATERNITY CARE WORKFORCE.
Part B of title III of the Public Health Service Act (42 U.S.C. 243
et seq.) is amended by inserting after section 317L-1 the following:
``SEC. 317L-2. NATIONAL RESKILLING OF THE MATERNITY CARE WORKFORCE.
``(a) Establishment of National Expert Group.--
``(1) In general.--The Secretary shall establish a national
expert group to evaluate national education on, and practice
of, best birthing practices.
``(2) Members.--
``(A) In general.--The group established under
paragraph (1) shall be composed of such members as the
Secretary appoints, including--
``(i) obstetricians and gynecologists,
family medicine physicians, midwifes, and
nursing leaders;
``(ii) hospital administrators;
``(iii) graduate medical education leaders;
``(iv) doula leaders;
``(v) individuals with experience in
community birth settings;
``(vi) patients;
``(vii) high-risk birth experts; and
``(viii) quality improvement leaders.
``(B) Geographic diversity.--In appointing members
under subparagraph (A), the Secretary shall ensure a
balance of members representing rural areas and members
representing urban areas.
``(b) Duties.--The group established under subsection (a) shall--
``(1) examine evidence, trends, and differential use or
access by income, geographic area, and race and ethnicity
associated with birthing practices that include--
``(A) cesarean sections, repeat cesarean, and
vaginal birth after cesarean;
``(B) electronic fetal monitoring and intermittent
auscultation;
``(C) birth positions, including upright
positioning and ambulation;
``(D) labor with doula support;
``(E) evaluating indications for cesarean delivery,
including cervical dilation and duration of pushing;
``(F) operative vaginal deliveries;
``(G) manual fetal rotation;
``(H) amnioinfusion and scalp stimulation; and
``(I) cervical ripening methods;
``(2) assess the role of the culture of care, maternity
care financing, and health education with respect to the trends
under paragraph (1); and
``(3) identify case studies of the provision of exemplary
birthing care.
``(c) Recommendations.--The group established under subsection (a)
shall, not later than 1 year after such establishment, issue--
``(1) best practices for--
``(A) evaluating birthing skills;
``(B) improving curricula for health professionals
engaged in birthing; and
``(C) the incorporation of midwives and doulas into
residency curricula for obstetricians; and
``(2) recommendations for policies and practices to improve
maternity care overall.''.
SEC. 8. MACPAC STUDY ON DOULAS AND COMMUNITY HEALTH WORKERS; GUIDANCE
ON INCREASING ACCESS TO DOULA SERVICES UNDER MEDICAID.
(a) MACPAC Study on Doulas and Community Health Workers.--
(1) In general.--As part of the first report required under
section 1900(b)(1) of the Social Security Act (42 U.S.C.
1396(b)(1)) after the date that is 1 year after the date of
enactment of this Act, the Medicaid and CHIP Payment and Access
Commission (referred to in this section as ``MACPAC'') shall
include with such report a report on the coverage of doula
services and the role of community health workers under State
Medicaid programs, which shall include the following:
(A) Information about coverage for doula services
and community health worker services under State
Medicaid programs that currently provide coverage for
such services, including the type of doula services
offered (such as prenatal, labor and delivery,
postpartum support, and traditional doula services) and
information on the prevalence of doulas that care for
individuals in their own communities.
(B) An analysis of strategies to facilitate the
appropriate use of doula services in order to provide
better care and achieve better maternal and infant
health outcomes, including strategies that States may
use to assist with services for which Federal financial
participation is eligible under a State Medicaid plan
or a waiver of such a plan by recruiting, training, and
certifying a diverse doula workforce, particularly from
underserved communities, communities of color, and
communities facing linguistic or cultural barriers.
(C) Provide examples of community health worker
access in State Medicaid programs and strategies
employed by States to encourage a broad care team to
manage Medicaid patients.
(D) An assessment of the impact of the involvement
of doulas and community health workers on maternal
health outcomes.
(E) Recommendations, as MACPAC deems appropriate,
for legislative and administrative actions to increase
access to services that improve maternal health.
(2) Stakeholder consultation.--In developing the report
required under paragraph (1), MACPAC shall consult with
relevant stakeholders.
(b) Guidance on Increasing Access to Doula Services Under
Medicaid.--
(1) In general.--Not later than 1 year after the date that
MACPAC publishes the report required under subsection (a), the
Secretary shall issue guidance to States on increasing access
to doula services under Medicaid. Such guidance shall at a
minimum include--
(A) options for States to provide medical
assistance for doula services under State Medicaid
programs;
(B) best practices for ensuring that doulas,
including community-based doulas, receive reimbursement
for doula services provided under a State Medicaid
program, at a level that allows doulas to earn a living
wage that accounts for their time and costs associated
with providing care and community-based doula program
administration; and
(C) best practices for increasing access to doula
services, including services provided by community-
based doulas, under State Medicaid programs.
(2) Stakeholder consultation.--In developing the report
required under paragraph (1), the Secretary shall consult with
relevant stakeholders.
(c) Relevant Stakeholders.--For purposes of subsections (a)(2) and
(b)(2), relevant stakeholders shall include--
(1) States;
(2) organizations representing consumers, including those
that are disproportionately impacted by poor maternal health
outcomes;
(3) organizations and individuals representing doula
services providers and community health workers, including
community-based doula programs and those who serve underserved
communities, communities of color and communities facing
linguistic or cultural barriers; and
(4) organizations representing health care providers.
SEC. 9. DEMONSTRATION PROJECTS TO IMPROVE THE DELIVERY OF MATERNAL
HEALTH CARE THROUGH TELEHEALTH.
(a) In General.--Not later than 18 months after the date of
enactment of this Act, the Secretary shall award grants to States to
conduct demonstration projects under this section that are designed to
expand the use of telehealth in State Medicaid programs for the
delivery of health care to eligible pregnant or postpartum women.
(b) Eligible Pregnant or Postpartum Woman Defined.--
(1) In general.--In this section, the term ``eligible
pregnant or postpartum woman'' means a woman who is eligible
for and receiving medical assistance under a State Medicaid
plan (or waiver of such plan) and who is or becomes pregnant.
(2) Postpartum women.--Such term includes a woman described
in paragraph (1) through the end of the month in which the 365-
day period beginning on the last day of the woman's pregnancy
ends, without regard to any change in income of the family of
which she is a member.
(c) Application; Selection of States; Duration.--
(1) Application.--
(A) In general.--To conduct a demonstration project
under this section, a State shall submit an application
to the Secretary at such time and in such manner as the
Secretary shall require. Under the demonstration
project, a State may include multiple proposed uses of
grant funds, and propose to focus on multiple
populations, as otherwise allowable under this section,
within a single application.
(B) Required information.--A State application to
conduct a demonstration project under this section
shall include the following:
(i) The population (such as individuals
residing in rural or medically underserved
areas) that the demonstration project will
target.
(ii) A description of how the State
proposes to use funds awarded under this
section to conduct the demonstration project to
integrate or increase the integration of
telehealth into the State Medicaid program's
existing delivery system for furnishing medical
assistance to and improving the health care
outcomes of eligible pregnant or postpartum
women.
(iii) A description of how the State will
use funds to address racial or ethnic
disparities in access to maternal health
services or maternal health outcomes, barriers
to care, including in rural or medically
underserved communities, other barriers to
using telehealth, such as those experienced by
individuals with disabilities and individuals
with limited English proficiency, and as
applicable, barriers to the use of telehealth
in tribal communities.
(iv) A certification that the application
meets the requirements of subparagraph (C).
(v) Such other information as the Secretary
shall require.
(C) Consultation with health care stakeholders.--
Prior to the submission of an application to conduct a
demonstration project under this section, a State shall
consult with health care systems and providers, health
plans (if relevant), consumer organizations and
beneficiary advocates, and community-based
organizations or other stakeholders in the area that
the demonstration project will target to ensure that
the proposed project addresses the health care needs of
eligible pregnant or postpartum women in such area.
(2) Selection of states and duration of projects.--
(A) In general.--The Secretary shall award grants
to States that apply and meet the application
requirements to conduct 4-year demonstration projects
under this section. A State may request, and the
Secretary shall determine the appropriateness of, an
application of up to $10,000,000.
(B) Selection of projects.--In selecting a State to
conduct a demonstration project under this section, the
Secretary shall ensure that the State is aware of the
4-year duration of the project and shall determine the
State has satisfied the application requirements.
(3) Waiver of statewideness and comparability
requirement.--The Secretary shall waive compliance with section
1902(a)(1) of the Social Security Act (42 U.S.C. 1396a(a)(1))
(relating to statewideness) and section 1902(a)(10)(B) of such
Act (42 U.S.C. 1396a(a)(10)(B)) (relating to comparability) to
the extent necessary to allow selected States to conduct
demonstration projects under this section.
(d) Use of Grant Funds.--A State may use funds from a grant awarded
under this section to connect eligible pregnant or postpartum women to
telehealth services delivered via telehealth that are furnished by--
(1) primary and maternity care providers;
(2) health care specialists;
(3) behavioral health providers; and
(4) other categories of health care providers identified by
the Secretary.
(e) Reports.--
(1) State reports.--Each State that is awarded a grant to
conduct a demonstration project under this section shall submit
the following reports to the Secretary:
(A) Initial report.--An initial report on the first
18 months during which the demonstration project is
conducted, not later than the last day of the 19th
month of the demonstration project, as described in
subparagraph (B).
(B) Final report.-- Not later than 6 months after
the date on which the State's demonstration project
ends, a final report that includes the following:
(i) The number of eligible pregnant or
postpartum women served under the demonstration
project.
(ii) The activities and services funded
under the demonstration project, including the
providers that received funds under the
demonstration project.
(iii) Demographic information about the
eligible pregnant or postpartum women served
under the demonstration project, if available.
(iv) A description of the types of models
or programs developed under the demonstration
project.
(v) How such models or programs impacted
access to, and utilization of, telehealth
services by eligible pregnant or postpartum
women, including a description of how such
models or programs addressed racial or ethnic
disparities in access or utilization.
(vi) Qualitative information on beneficiary
experience.
(vii) Challenges faced and lessons learned
by the State in integrating (or increasing the
integration of) telehealth into the delivery
system for furnishing medical assistance to
eligible pregnant or postpartum women in the
areas targeted under the demonstration project.
(2) Reports to congress.--
(A) Initial report.--Not later than 2 years after
the date of enactment of this Act, the Secretary shall
submit a report to Congress summarizing the information
reported by States under paragraph (1)(A).
(B) Final report.--Not later than 5 years after the
date of enactment of this Act, the Secretary shall
submit a report to Congress summarizing the information
reported by States under paragraph (1)(B).
SEC. 10. CMS REPORT ON COVERAGE OF REMOTE PHYSIOLOGIC MONITORING
DEVICES AND IMPACT ON MATERNAL AND CHILD HEALTH OUTCOMES
UNDER MEDICAID.
(a) In General.--Not later than 18 months after the date of
enactment of this Act, the Secretary 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.
SEC. 11. GUIDANCE ON COMMUNITY-BASED MATERNAL HEALTH PROGRAMS.
Not later than 3 years after the date of enactment of this Act, the
Secretary shall issue guidance to State Medicaid programs to support
the use of evidence-based community-based maternal health programs,
including programs that offer group prenatal care, home visiting
services, childbirth and parenting education, peer supports, stillbirth
prevention activities, and substance use disorder and recovery
supports, under such programs, and any other programs as determined by
the Secretary.
SEC. 12. DEVELOPING GUIDANCE ON MATERNAL MORTALITY AND SEVERE MORBIDITY
REDUCTION FOR MATERNAL CARE PROVIDERS RECEIVING PAYMENT
UNDER THE MEDICAID PROGRAM.
(a) In General.--Subject to the availability of appropriations, not
later than 36 months after the date of enactment of this Act, the
Secretary shall, in consultation with the Advisory Committee on
Reducing Maternal Deaths established under subsection (c) and the Task
Force on Maternal Mental Health established under section 1113 of
division FF of the Consolidated Appropriations Act, 2023 (Public Law
117-328), publish on a public website of the Centers for Medicare &
Medicaid Services guidance for States on resources and strategies for
hospitals, freestanding birth centers (as defined in section
1905(l)(3)(B) of the Social Security Act (42 U.S.C. 1396d(l)(3)(B))),
and other maternal care providers as determined by the Secretary for
reducing maternal mortality and severe morbidity in individuals who are
eligible for and receiving medical assistance under Medicaid or CHIP.
(b) Updates.--The Secretary shall, in consultation with the
Advisory Committee on Reducing Maternal Deaths established under
subsection (c) and the Task Force on Maternal Mental Health established
under section 1113 of division FF of the Consolidated Appropriations
Act, 2023 (Public Law 117-328), update the guidance and resources
described in subsection (a) at least once every 3 years.
(c) Consultation With Advisory Committee.--
(1) Establishment.--Subject to the availability of
appropriations, not later than 18 months after the date of
enactment of this Act, the Secretary shall establish an
advisory committee to be known as the ``National Advisory
Committee on Reducing Maternal Deaths'' (referred to in this
section as the ``Advisory Committee'').
(2) Duties.--The Advisory Committee shall provide consensus
advice and guidance to the Secretary on the development and
compilation of the guidance described in subsection (a) (and
any updates to such guidance).
(3) Membership.--
(A) In general.--The Secretary, in consultation
with such other heads of agencies, as the Secretary
deems appropriate and in accordance with this
paragraph, shall appoint not more than 41 members to
the Advisory Committee. In appointing such members, the
Secretary shall ensure that--
(i) the total number of members of the
Advisory Committee is an odd number; and
(ii) the total number of voting members who
are not Federal officials does not exceed the
total number of voting Federal members who are
Federal officials.
(B) Required members.--
(i) Federal officials.--The Advisory
Committee shall include as voting members the
following Federal officials, or their
designees:
(I) The Secretary.
(II) The Administrator of the
Centers for Medicare & Medicaid
Services.
(III) The Director of the Centers
for Disease Control and Prevention.
(IV) The Associate Administrator of
the Maternal and Child Health Bureau of
the Health Resources and Services
Administration.
(V) The Director of the Agency for
Healthcare Research and Quality.
(VI) The National Coordinator for
Health Information Technology.
(VII) The Director of the National
Institutes of Health.
(VIII) The Secretary of Veterans
Affairs.
(IX) The Director of the Indian
Health Service.
(X) The Deputy Assistant Secretary
for Minority Health.
(XI) The Administrator of the
Substance Abuse and Mental Health
Services Administration.
(XII) The Deputy Assistant
Secretary for Women's Health.
(XIII) Such other Federal officials
or their designees as the Secretary
determines appropriate.
(ii) Non-federal officials.--
(I) In general.--The Advisory
Committee shall include the following
as voting members:
(aa) At least 1
representative from a
professional organization
representing hospitals and
health systems.
(bb) At least 1
representative from a medical
professional organization
representing primary care
providers.
(cc) At least 1
representative from a medical
professional organization
representing general
obstetrician-gynecologists.
(dd) At least 1
representative from a medical
professional organization
representing certified nurse-
midwives.
(ee) At least 1
representative from a medical
professional organization
representing other maternal
fetal medicine providers.
(ff) At least 1
representative from a medical
professional organization
representing anesthesiologists.
(gg) At least 1
representative from a medical
professional organization
representing emergency medicine
physicians and urgent care
providers.
(hh) At least 1
representative from a medical
professional organization
representing nurses.
(ii) At least 1
representative from a
professional organization
representing community health
workers.
(jj) At least 1
representative from a
professional organization
representing doulas.
(kk) At least 1
representative from a
professional organization
representing perinatal
psychiatrists.
(ll) At least 1
representative from State-
affiliated programs or existing
collaboratives with
demonstrated expertise or
success in improving maternal
health.
(mm) At least 1 director of
a State Medicaid agency that
has had demonstrated success in
improving maternal health.
(nn) At least 1
representative from an
accrediting organization for
maternal health quality and
safety standards.
(oo) At least 1
representative from a maternal
patient advocacy organization
with lived experience of severe
maternal morbidity.
(pp) At least 1 medical
professional who is an expert
in the treatment of pregnant
women with substance use
disorder.
(II) Requirements.--Each individual
selected to be a member under this
clause shall--
(aa) have expertise in
maternal health;
(bb) not be a Federal
official; and
(cc) have experience
working with populations that
are at higher risk for maternal
mortality or severe morbidity,
such as populations that
experience racial, ethnic, and
geographic health disparities,
pregnant and postpartum women
experiencing a mental health
disorder, or pregnant or
postpartum women with other
comorbidities such as substance
use disorders, hypertension,
thyroid disorders, and sickle
cell disease.
(C) Additional members.--
(i) In general.--In addition to the members
required to be appointed under subparagraph
(B), the Secretary may appoint as non-voting
members to the Advisory Committee such other
individuals with relevant expertise or
experience as the Secretary shall determine
appropriate, which may include, but is not
limited to, individuals described in clause
(ii).
(ii) Suggested additional members.--The
individuals described in this clause are the
following:
(I) Representatives from State
maternal mortality review committees
and perinatal quality collaboratives.
(II) Medical providers who care for
women and infants during pregnancy and
the postpartum period, such as family
practice physicians, cardiologists,
pulmonology critical care specialists,
endocrinologists, pediatricians, and
neonatologists.
(III) Representatives from State
and local public health departments,
including State Medicaid Agencies.
(IV) Subject matter experts in
conducting outreach to women who are
African American or belong to another
minority group.
(V) Directors of State agencies
responsible for administering a State's
maternal and child health services
program under title V of the Social
Security Act (42 U.S.C. 701 et seq.).
(VI) Experts in medical education
or physician training.
(VII) Representatives from Medicaid
managed care organizations.
(4) Applicability of faca.--Chapter 10 of title 5, United
States Code, shall apply to the committee established under
this subsection.
(d) Contents.--The guidance described in subsection (a) shall
include, with respect to hospitals, freestanding birth centers, and
other maternal care providers, the following:
(1) Best practices regarding evidence-based screening and
clinician education initiatives relating to screening and
treatment protocols for individuals who are at risk of
experiencing complications related to pregnancy, with an
emphasis on individuals with preconditions directly linked to
pregnancy complications and maternal mortality and severe
morbidity, including--
(A) methods to identify individuals who are at risk
of maternal mortality or severe morbidity, including
risk stratification;
(B) evidence-based risk factors associated with
maternal mortality or severe morbidity and racial,
ethnic, and geographic health disparities;
(C) evidence-based strategies to reduce risk
factors associated with maternal mortality or severe
morbidity through services which may be covered under
Medicaid or CHIP, including, but not limited to,
activities by community health workers (as such term is
defined in section 2113 of the Social Security Act (42
U.S.C. 1397mm)) that are funded by a grant awarded
under such section;
(D) resources available to such individuals, such
as nutrition assistance and education, home visitation,
mental health and substance use disorder services,
smoking cessation programs, pre-natal care, and other
evidence-based maternal mortality or severe morbidity
reduction programs;
(E) examples of educational materials used by
providers of obstetrics services;
(F) methods for improving community centralized
care, including providing telehealth services or home
visits to increase and facilitate access to and
engagement in prenatal and postpartum care and
collaboration with home health agencies, community
health centers, local public health departments, or
clinics;
(G) guidance on medical record diagnosis codes
linked to maternal mortality and severe morbidity,
including, if applicable, codes related to social risk
factors, and methods for educating clinicians on the
proper use of such codes;
(H) risk appropriate transfer protocols during
pregnancy, childbirth, and the postpartum period; and
(I) any other information related to prevention and
treatment of at-risk individuals determined appropriate
by the Secretary.
(2) Guidance on monitoring programs for individuals who
have been identified as at risk of complications related to
pregnancy.
(3) Best practices for such hospitals, freestanding birth
centers, and providers to make pregnant women aware of the
complications related to pregnancy.
(4) A fact sheet for providing pregnant women who are
receiving care on an outpatient basis with a notice during the
prenatal stage of pregnancy that--
(A) explains the risks associated with pregnancy,
birth, and the postpartum period (including the risks
of hemorrhage, preterm birth, sepsis, eclampsia,
obstructed labor), chronic conditions (including high
blood pressure, diabetes, heart disease, depression,
and obesity) correlated with adverse pregnancy
outcomes, risks associated with advanced maternal age,
and the importance of adhering to a personalized plan
of care;
(B) highlights multimodal and evidence-based
prevention and treatment techniques;
(C) highlights evidence-based programs and
activities to reduce the incidence of stillbirth
(including tracking and awareness of fetal movements,
improvement of birth timing for pregnancies with risk
factors, initiatives that encourage safe sleeping
positions during pregnancy, screening and surveillance
for fetal growth restriction, efforts to achieve
smoking cessation during pregnancy, community-based
programs that provide home visits or other types of
support, and any other research or evidence-based
programming to prevent stillbirths);
(D) provides for a method (through signature or
otherwise) for such an individual, or a person acting
on such individual's behalf, to acknowledge receipt of
such fact sheet;
(E) is worded in an easily understandable manner
and made available in multiple languages and accessible
formats determined appropriate by the Secretary; and
(F) includes any other information determined
appropriate by the Secretary.
(5) A template for a voluntary clinician checklist that
outlines the minimum responsibilities that clinicians, such as
physicians, certified nurse-midwives, emergency room and urgent
care providers, nurses and others, are expected to meet in
order to promote quality and safety in the provision of
obstetric services.
(6) A template for a voluntary checklist that outlines the
minimum responsibilities that hospital leadership responsible
for direct patient care, such as the institution's president,
chief medical officer, chief nursing officer, or other hospital
leadership that directly report to the president or chief
executive officer of the institution, should meet to promote
hospital-wide initiatives that improve quality and safety in
the provision of obstetric services.
(7) Information on multi-stakeholder quality improvement
initiatives, such as the Alliance for Innovation on Maternal
Health, State perinatal quality improvement initiatives, and
other similar initiatives determined appropriate by the
Secretary, including--
(A) information about such improvement initiatives
and how to join;
(B) information about public maternal data
collection centers;
(C) information about quality metrics used and
outcomes achieved by such improvement initiatives;
(D) information about data sharing techniques used
by such improvement initiatives;
(E) information about data sources used by such
improvement initiatives to identify maternal mortality
and severe morbidity risks;
(F) information about interventions used by such
improvement initiatives to mitigate risks of maternal
mortality and severe morbidity;
(G) information about data collection techniques on
race, ethnicity, geography, age, income, and other
demographic information used by such improvement
initiatives; and
(H) any other information determined appropriate by
the Secretary.
(e) Inclusion of Best Practices.--Not later than 18 months after
the date of the publication of the guidance required under subsection
(a), the Secretary shall update such guidance to include best practices
identified by the Secretary for such hospitals, freestanding birth
centers, and providers to track maternal mortality and severe morbidity
trends by clinicians at such hospitals, freestanding birth centers, and
providers including--
(1) ways to establish scoring systems, which may include
quality triggers and safety and quality metrics to score case
and patient outcome metrics, for such clinicians;
(2) methods to identify, educate, and improve such
clinicians who may have higher rates of maternal mortality or
severe morbidity compared to their regional or State peers
(taking into account differences in patient risk for adverse
outcomes, which may include social risk factors);
(3) methods for using such data and tracking to enhance
research efforts focused on maternal health, while also
improving patient outcomes, clinician education and training,
and coordination of care; and
(4) any other information determined appropriate by the
Secretary.
(f) Cultural and Linguistic Appropriateness.--To the extent
practicable, the Secretary should develop the guidance, best practices,
fact sheets, templates, and other materials that are required under
this section in a trauma-informed, culturally and linguistically
appropriate manner.
SEC. 13. PROGRAM RELATED TO REDUCING CESAREAN BIRTHS AND INCREASING
RATES OF VAGINAL BIRTH AFTER CESAREAN.
Section 317K(a) of the Public Health Service Act (42 U.S.C. 247b-
12(a)) is amended--
(1) in paragraph (1)--
(A) by striking ``and to develop or support'' and
inserting ``to develop or support''; and
(B) by inserting ``, and to establish a grant
program, or extend the Alliance for Innovation on
Maternal Health, for the establishment of perinatal
quality collaboratives to reduce cesarean section rates
and increase vaginal birth after cesarean rates''
before the period at the end; and
(2) in paragraph (2), by adding at the end the following:
``(E) The Secretary may establish a competitive
grant program, or extend existing programs, including
the Alliance for Innovation on Maternal Health, for the
establishment or support of perinatal quality
collaboratives, with a focus on maternity care health
professional target areas and other areas with limited
birthing resources, to reduce cesarean birth rates and
increase vaginal birth after cesarean rates, including
through--
``(i) coordination with hospitals, clinical
teams, obstetricians and gynecologists,
birthing centers and community-based maternal
health organizations, public health agencies,
midwives, doulas, patients and families, and
other relevant entities;
``(ii) providing support and training to
hospital and clinical teams for quality
improvement, as appropriate;
``(iii) employing strategies that provide
opportunities for health care professionals and
clinical teams to collaborate across health
care settings and disciplines, including
midwifery care, doula support, the integration
of primary care and mental health, and blended
case payment rates;
``(iv) using data, disaggregated by race
and ethnicity, to provide timely feedback
across hospital and clinical teams, document
baseline cesarean and vaginal birth rates, and
measure progress; and
``(v) promotion of existing evidence on the
best practices for the safe reduction of
primary cesarean births.''.
SEC. 14. COLLECTION OF INFORMATION RELATED TO SOCIAL DETERMINANTS OF
THE HEALTH OF MEDICAID AND CHIP BENEFICIARIES.
(a) Implementation Assessment Report to Congress.--
(1) In general.--Not later than 2 years after the date of
enactment of this Act, the Secretary shall submit a report to
Congress that includes a description of whether and how
information related to the social determinants of health for
individuals eligible for medical assistance under Medicaid or
child health assistance or pregnancy-related assistance under
CHIP may be captured under the data systems for such programs
as in effect on the date such report is submitted, including--
(A) a description of whether and how ICD-10 codes
(or successor codes) may be used to identify social
determinants of health in programs such as Medicaid and
CHIP, and whether other claims file or demographic
information may be employed; and
(B) a description of whether existing data systems
under Medicaid and CHIP could be employed to capture
such information, whether program or system changes
would be required, how privacy and confidentiality as
required under applicable law and regulations would be
maintained, and the resources and timeframes at the
Federal and State levels that would be needed to make
such changes.
(2) Guidance for states.--The Secretary shall issue
detailed guidance for States concurrent with the submission of
the report to Congress under paragraph (1). Such guidance shall
address--
(A) whether and how information related to the
social determinants of health for individuals eligible
for medical assistance under Medicaid or child health
assistance or pregnancy-related assistance under CHIP
could be captured employing existing systems under such
programs; and
(B) implementation considerations for capturing
such information, including whether program or system
changes would be required, whether additional steps
would be needed to maintain privacy and confidentiality
as required under relevant laws and regulations, and
the resources and timeframes at that would be needed to
make such changes.
(3) Stakeholder input.--The Secretary shall develop the
report required under paragraph (1) and the guidance required
under paragraph (2) with the input of relevant stakeholders,
such as State Medicaid directors, Medicaid managed care
organizations, and other relevant Federal agencies such as the
Centers for Disease Control and Prevention, the Health
Resources Services Administration, and the Agency for
Healthcare Research and Quality.
(4) Action plan report.--
(A) In general.--If the Secretary determines in the
report required under paragraph (1) that information
related to the social determinants of health for
individuals eligible for medical assistance under
Medicaid or child health assistance or pregnancy-
related assistance under CHIP cannot be captured under
the data systems for such programs as in effect on the
date such report is submitted, then, not later than 6
months after such date, the Secretary shall submit a
second report to Congress that contains an action plan
for implementing the program or data systems changes
needed in order for such information to be collected
while maintaining privacy and confidentiality as
required under relevant laws and regulations. The
action plan should be prepared so as to be implemented
by the Federal Government and States not later than 2
years after the date on which the report required under
this paragraph is submitted to Congress.
(B) Revised guidance for states.--The Secretary
shall revise and reissue the guidance for States
required under paragraph (2) to take into account the
action plan included in the report submitted to
Congress under subparagraph (A).
(5) Authorization of appropriations.--
(A) Federal costs.--There are authorized to be
appropriated to the Secretary, $40,000,000 for purposes
of preparing the reports required under this subsection
and implementing the collection of information related
to the social determinants of health for individuals
eligible for medical assistance under Medicaid or child
health assistance or pregnancy-related assistance under
CHIP.
(B) State costs.--There are authorized to be
appropriated to the Secretary, $50,000,000 for purposes
of making payments to States in accordance with a
methodology established by the Secretary for State
expenditures attributable to planning for and
implementing the collection of such information in
accordance with subsection (d) of section 1946 of the
Social Security Act (42 U.S.C. 1396w-5) (as added by
subsection (b)).
(b) Application to States.--Section 1946 of the Social Security Act
(42 U.S.C. 1396w-5) is amended by adding at the end the following:
``(d) Collection of Information Related to Social Determinants of
Health.--
``(1) Development of collection methods.--
``(A) In general.--Subject to paragraph (5), the
Secretary, in consultation with the States, shall
develop a method for collecting standardized and
aggregated State-level information related to social
determinants that may factor into the health of
beneficiaries under this title and beneficiaries under
title XXI which the States, notwithstanding section
1902(a)(7) and as a condition for meeting the
requirements of section 1902(a)(6) and section
2107(b)(1), shall use to annually report such
information:
``(i) A model uniform reporting field
through the transformed Medicaid Statistical
Information System (T-MSIS) (or a successor
system) or another appropriate reporting
platform, as approved by the Secretary.
``(ii) A model uniform questionnaire or
survey (which may be included as part of an
existing survey, questionnaire, or form
administered by the Secretary), for purposes of
the State or the Secretary collecting such
information by administering regularly but not
less than annually a questionnaire or survey of
beneficiaries under this title and
beneficiaries under title XXI.
``(iii) A model uniform form to be adapted
for inclusion in the Medicaid and CHIP
Scorecard developed by the Centers for Medicare
& Medicaid Services, for purposes of the
Secretary collecting such information.
``(iv) An alternative method identified by
the Secretary for collecting such information.
``(B) Implementation.--In carrying out the
requirements of subparagraph (A), the Secretary shall--
``(i) for purposes of the method described
in clause (i) of such subparagraph, determine
the appropriate providers and frequency with
which such providers shall complete the
reporting field identified and report the
information to the State;
``(ii) for purposes of the method described
in clause (ii) of such subparagraph, identify
the means and frequency (which shall be no less
frequent than once per year) with which a
questionnaire or survey of beneficiaries is to
be conducted;
``(iii) with respect to any method
described in such subparagraph, issue guidance
for ensuring compliance with applicable laws
regarding beneficiary informed consent,
privacy, and anonymity with respect to the
information collected under such method;
``(iv) with respect to the collection of
information relating to beneficiaries who are
children, issue guidance on the collection of
such information from a parent, legal guardian,
or any other person who is legally authorized
to share such information on behalf of the
child when the direct collection of such
information from children may not otherwise be
feasible or appropriate; and
``(v) regularly evaluate the method under
such subparagraph and the information reported
using such method, and, as needed, make updates
to the method and the information reported.
``(2) Social determinants of health.--The information
collected in accordance with the method made available under
paragraph (1) shall, to the extent practicable, include
standardized definitions for identifying social determinants of
health needs identified in the ICD-10 diagnostic codes Z55
through Z65 (or any such successor diagnostic codes), as
defined by the Healthy People 2020 and related initiatives of
the Office of Disease Prevention and Health Promotion of the
Department of Health and Human Services, or any other
standardized set of definitions for social determinants of
health identified by the Secretary. Such definitions shall
incorporate measures for quantifying the relative severity of
any such social determinant of health need identified in an
individual.
``(3) Federal privacy requirements.--Nothing in this
subsection shall be construed to supersede any Federal privacy
or confidentiality requirement, including the regulations
promulgated under section 264(c) of the Health Insurance
Portability and Accountability Act of 1996 and section 543 of
the Public Health Service Act and any regulations promulgated
thereunder.
``(4) Application to territories.--
``(A) In general.--To the extent that the Secretary
determines that it is not practicable for a State
specified in subparagraph (B) to report information in
accordance with the method made available under
paragraph (1), this subsection shall not apply with
respect to such State.
``(B) Territories specified.--The States specified
in this subparagraph are Puerto Rico, the Virgin
Islands, Guam, American Samoa, and the Northern Mariana
Islands.
``(5) Application.--
``(A) In general.--Subject to subparagraph (B), the
requirement for a State to collect information in
accordance with the method made available under
paragraph (1) shall not apply to the State before the
date that is 4 years after the date of enactment of
this subsection.
``(B) Alternative date.--If an action plan is
submitted to Congress under section 14(a)(4) of the
Healthy Moms and Babies Act, in lieu of the date
described in subparagraph (A), the requirement for a
State to collect information in accordance with the
method made available under paragraph (1) shall not
apply to the State before the date specified in such
action plan.
``(6) Appropriation.--There is appropriated to the
Secretary for fiscal year 2024 and each fiscal year thereafter
$1,000,000 to carry out the provisions of this section and
subsection (b)(2)(B).''.
(c) Report on Data Analyses.--Section 1946(b)(2) of such Act (42
U.S.C. 1396w-5(b)(2)) is amended--
(1) by striking ``Not later than'' and inserting the
following:
``(A) Initial reports.--Not later than''; and
(2) by adding at the end the following:
``(B) Reports on collection of information related
to social determinants of health.--
``(i) In general.--Not later than 5 years
after the date on which the requirement to
collect information under subsection (d) is
first applicable to States, the Secretary shall
submit to Congress a report that includes
aggregate findings and trends across respective
beneficiary populations for improving the
identification of social determinants of health
for beneficiaries under this title and
beneficiaries under title XXI based on analyses
of the data collected under subsection (d).
``(ii) Interim report.--Not later than 3
years after the date of enactment of this
subparagraph, the Secretary shall submit to
Congress an interim report on progress in
developing, implementing, and utilizing the
method selected by the Secretary under
subsection (d)(1) along with any available,
preliminary information that has been collected
using such method.''.
(d) Conforming Amendment.--Section 2107(e)(1) of the Social
Security Act (42 U.S.C. 1397gg(e)(1)) is amended by adding at the end
the following:
``(U) Section 1946 (relating to addressing health
care disparities).''.
SEC. 15. REPORT ON PAYMENT METHODOLOGIES FOR TRANSFERRING PREGNANT
WOMEN BETWEEN FACILITIES BEFORE, DURING, AND AFTER
CHILDBIRTH.
(a) In General.--Subject to the availability of appropriations, not
later than 36 months after the date of enactment of this Act, the
Secretary shall submit to Congress a report on the payment
methodologies under Medicaid for the antepartum, intrapartum, and
postpartum transfer of pregnant women from one health care facility to
another, including any potential disincentives or regulatory barriers
to such transfers.
(b) Consultation.--In developing the report required under
subsection (a), the Secretary shall consult with the advisory committee
established under section 12(c).
SEC. 16. MEDICAID GUIDANCE ON STATE OPTIONS TO ADDRESS SOCIAL
DETERMINANTS OF HEALTH FOR PREGNANT AND POSTPARTUM WOMEN.
(a) In General.--Not later than 2 years after the date of enactment
of this Act, the Secretary shall issue guidance to States and conduct
one or more learning collaboratives to promote cross-state learning
regarding options States may employ to address social determinants of
health, as defined by the Healthy People 2030 and related initiatives
of the Office of Disease Prevention and Health Promotion of the
Department of Health and Human Services, including for pregnant and
postpartum women.
(b) Guidance Requirements.--The guidance required under subsection
(a) shall, at a minimum, describe the authorities that States may
leverage to support addressing the social determinants of health for
pregnant and postpartum women and outline best practices for such
efforts.
(c) Learning Collaborative Requirements.--The learning
collaboratives required under subsection (a) shall, at a minimum,
include opportunities for States and other stakeholders to share
innovative practices and approaches as they are being considered and
developed, share solutions related to challenges that multiple urban
and rural States face, and promote the uptake of approved, effective
interventions addressing social needs and determinants covered by the
Medicaid program.
SEC. 17. PAYMENT ERROR RATE MEASUREMENT (PERM) AUDIT AND IMPROVEMENT
REQUIREMENTS.
(a) Biennial PERM Audit Requirement.--Beginning with fiscal year
2025, the Administrator shall conduct payment error rate measurement
(``PERM'') audits of each State Medicaid program on a biennial basis.
(b) PERM Error Rate Reduction Plan Requirement.--Beginning with
fiscal year 2025, any State with an overall PERM error rate exceeding
15 percent in a PERM audit conducted with respect to the State in the
previous fiscal year shall publish a plan, in coordination with, and
subject to the approval of, the Administrator, for how the State will
reduce its PERM error rate below 15 percent in the current fiscal year.
(c) Notification; Identification of Sources of Improper Payments.--
(1) Notification.--Not later than 6 months after the date
of enactment of this Act, the Administrator shall notify the
contractor conducting PERM audits of the Administrator's intent
to modify contracts to require PERM audits not less than once
every other year in each State.
(2) Identification of sources of improper payments.--The
Administrator shall direct the contractor conducting PERM
audits of State Medicaid programs to identify areas known to be
sources of improper payments under such programs to identify
program areas or components known to be sources of high risk
for improper payments under such programs.
(d) State Medicaid Director Letter.--Not later than 12 months after
the date of enactment of this Act, the Administrator shall issue a
State Medicaid Director letter regarding State requirements under
Federal law and regulations regarding avoiding and responding to
improper payments under State Medicaid programs.
(e) State Improper Payment Mitigation Plans.--
(1) In general.--Not later than January 1, 2024, each State
Medicaid program shall submit to the Administrator a plan,
which shall include specific actions and timeframes for taking
such actions and achieving specified results, for mitigating
improper payments under such program.
(2) Publication of state plans.--The Administrator shall
make State plans submitted under paragraph (1) available to the
public.
(f) Definitions.--In this section:
(1) Administrator.--The term ``Administrator'' means the
Administrator of the Centers for Medicare & Medicaid Services.
(2) State.--The term ``State'' has the meaning given such
term for purposes of title XIX of the Social Security Act (42
U.S.C. 1396 et seq.).
(3) State medicaid program.--The term ``State Medicaid
program'' means a State plan under title XIX of the Social
Security Act (42 U.S.C. 1396 et seq.), and includes any waiver
of such a plan.
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118S949
|
Puerto Rico Nutrition Assistance Fairness Act of 2023
|
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[
"L000570",
"Sen. Lujan, Ben Ray [D-NM]",
"cosponsor"
]
] |
<html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 949 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 949
To amend the Food and Nutrition Act of 2008 to transition the
Commonwealth of Puerto Rico to the supplemental nutrition assistance
program, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
March 22, 2023
Mrs. Gillibrand (for herself, Mr. Booker, Ms. Warren, Mr. Sanders, Mr.
Fetterman, Mr. Menendez, Mr. Blumenthal, and Mr. Schumer) introduced
the following bill; which was read twice and referred to the Committee
on Agriculture, Nutrition, and Forestry
_______________________________________________________________________
A BILL
To amend the Food and Nutrition Act of 2008 to transition the
Commonwealth of Puerto Rico to the supplemental nutrition assistance
program, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Puerto Rico Nutrition Assistance
Fairness Act of 2023''.
SEC. 2. AMENDMENTS TO THE FOOD AND NUTRITION ACT OF 2008.
(a) Definitions.--Section 3 of the Food and Nutrition Act of 2008
(7 U.S.C. 2012) is amended--
(1) in subsection (r) by inserting ``Puerto Rico,'' after
``Guam,'', and
(2) in subsection (u)(2) by inserting ``, Puerto Rico,''
after ``Hawaii''.
(b) Eligible Households.--Section 5 of the Food and Nutrition Act
of 2008 (7 U.S.C. 2014) is amended--
(1) in subsection (b) by inserting ``Puerto Rico,'' after
``Guam,'',
(2) in subsection (c)(1) by striking ``and Guam'' and
inserting ``Guam, and Puerto Rico'', and
(3) in subsection (e)--
(A) in paragraph (1)(A) by inserting ``Puerto
Rico,'' after ``Hawaii,'' each place it appears, and
(B) in paragraph (6)(B) by inserting ``Puerto
Rico,'' after ``Guam,''.
SEC. 3. SUBMISSION OF PLAN OF OPERATION; TECHNICAL ASSISTANCE;
DETERMINATION AND CERTIFICATION BY SECRETARY OF
AGRICULTURE.
(a) Submission of Plan of Operation.--On designating an agency of
the kind described in section 3(s)(1) of the Food and Nutrition Act of
2008 (7 U.S.C. 2012(s)(1)), the Commonwealth of Puerto Rico shall have
60 days to submit to the Secretary of Agriculture (in this Act referred
to as the ``Secretary'') its plan of operation, including a plan to
transition to the supplemental nutrition assistance program under
section 4(a) of such Act (7 U.S.C. 2013(a)) as a request to participate
in the supplemental nutrition assistance program under the Food and
Nutrition Act of 2008 (7 U.S.C. 2011 et seq.).
(b) Technical Assistance.--Within the 60-day period specified in
subsection (a) and upon request from the Commonwealth of Puerto Rico,
the Secretary shall provide appropriate training and technical
assistance to enable the Commonwealth of Puerto Rico to formulate a
plan of operation described in subsection (a).
(c) Determination by the Secretary of Agriculture.--Not later than
180 days after receiving a plan of operation described in subsection
(a), the Secretary shall approve if such plan satisfies the
requirements for a supplemental nutrition assistance program State plan
in accordance with subsections (d) and (e) of section 11 of the Food
and Nutrition Act of 2008 (7 U.S.C. 2020). If the Secretary does not
approve such plan, the Secretary shall provide, not later than 30 days
after disapproval, a statement that specifies each of the requirements
that were not satisfied by such plan.
(d) Certification by the Secretary of Agriculture.--If the
Secretary approves the plan submitted by the Commonwealth of Puerto
Rico under subsection (a), the Secretary shall submit to the Congress,
not later than 60 days thereafter, a certification that the
Commonwealth of Puerto Rico qualifies to participate in the
supplemental nutrition assistance program as a State as defined in
section 3(r) of the Food and Nutrition Act of 2008 (7 U.S.C. 2012(r)).
SEC. 4. TRANSITION FROM THE CONSOLIDATED BLOCK GRANT FOR PUERTO RICO.
(a) Covered Period.--The Secretary may continue to implement the
then most recent approved consolidated block grant specified in section
19(b)(1)(A) of the Food and Nutrition Act of 2008 (7 U.S.C.
2028(b)(1)(A)) for a period ending no later than 5 years after the
effective date of the amendments made by this Act, or on the date the
Secretary determines that the Commonwealth of Puerto Rico no longer
needs to operate the consolidated block grant to complete the
transition described in section 3(a), whichever occurs first.
(b) Report.--For each year a plan is continued under subsection
(a), the Secretary shall submit to the Congress an annual report on the
operation of such plan. The Secretary shall include in such report
information related to increases in funding that are required to
accommodate the transition of the Commonwealth of Puerto Rico from the
receipt of block grant payments to the implementation of supplemental
nutrition assistance program.
SEC. 5. CONSOLIDATED BLOCK GRANT FOR PUERTO RICO AND AMERICAN SAMOA.
Section 19 of the Food and Nutrition Act of 2008 (7 U.S.C. 2028) is
amended--
(1) in subsection (a)--
(A) in paragraph (1)(A) by inserting ``until the
end of the period described in section 4(a) of the
Puerto Rico Nutrition Assistance Fairness Act of
2023,'' after ``(A)'',
(B) in paragraph (2)--
(i) in subparagraph (A)--
(I) in clause (i) by striking
``and'' at the end, and
(II) in clause (ii)--
(aa) by inserting ``, until
the end of the period described
in section 4(a) of the Puerto
Rico Nutrition Assistance
Fairness Act of 2023'' after
``thereafter'',
(bb) by striking the period
at the end and inserting ``;
and'', and
(cc) by adding at the end
the following:
``(iii) subject to the availability of
appropriations under section 18(a), for each
fiscal year beginning after the end of the
period described in section 4(a) of the Puerto
Rico Nutrition Assistance Fairness Act of 2023,
0.4 percent of the aggregate amount specified
in clause (i) and adjusted under clause (ii),
as further adjusted by the percentage by which
the thrifty food plan has been adjusted under
section 3(u)(4) between June 30 of the
penultimate fiscal year preceding such
effective date and June 30 of the fiscal year
for which the adjustment is made under this
clause.'',
(ii) in subparagraph (B)(i) by inserting
``until the end of the period described in
section 4(a) of the Puerto Rico Nutrition
Assistance Fairness Act of 2023'' after
``thereafter'', and
(iii) in subparagraph (C)--
(I) by striking ``For'' and
inserting the following:
``(i) For'',
(II) by inserting ``until the end
of the period described in section 4(a)
of the Puerto Rico Nutrition Assistance
Fairness Act of 2023'' after
``thereafter'', and
(III) by adding at the end, the
following:
``(ii) For each fiscal year beginning after
the end of the period described in section 4(a)
of the Puerto Rico Nutrition Assistance
Fairness Act of 2023, the Secretary shall use
100 percent of the funds made available under
subparagraph (A) for payment to American Samoa
to pay 100 percent of the expenditures by
American Samoa for a nutrition assistance
program extended under section 601(c) of Public
Law 96-597 (48 U.S.C. 1469d(c)).'', and
(C) in paragraph (3) by striking ``year,'' and
inserting ``year, until the end of the period described
in section 4(a) of the Puerto Rico Nutrition Assistance
Fairness Act of 2023, and'' after ``year'', and
(2) in subsection (b)(1)(A) by inserting ``until the end of
the period described in section 4(a) of the Puerto Rico
Nutrition Assistance Fairness Act of 2023'' after ``year'' the
first place it appears.
SEC. 6. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to carry out this Act such
sums as may be necessary until the end of the period described in
section 4(a).
SEC. 7. EFFECTIVE DATES.
(a) In General.--Except as provided in subsection (b), this Act
shall take effect on the date of the enactment of this Act.
(b) Effective Date of Amendments.--The amendments made by this Act
shall take effect on October 1 of the 1st fiscal year that begins 1
year after the Secretary submits to Congress the certification
described in section 3(d).
<all>
</pre></body></html>
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118S95
|
SAVE Moms and Babies Act of 2023
|
[
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"sponsor"
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<p><b>Support And Value Expectant Moms and Babies Act of 2023 or the SAVE Moms and Babies Act of 2023</b></p> <p>This bill prohibits the Food and Drug Administration (FDA) from approving any new drug (either as a brand-name drug or a generic) intended to terminate a pregnancy and imposes additional restrictions on such drugs that are already approved.</p> <p>Under the bill, an already-approved drug intended to terminate a pregnancy may be dispensed to a patient only with a prescription. Furthermore, the FDA may not approve any labeling change that would authorize (1) using the drug after 70 days of gestation, or (2) dispensing the drug by any means other than in-person administration by the prescribing health care practitioner. </p> <p>The FDA must also impose additional restrictions on such already-approved drugs, including by (1) requiring the prescribing health care practitioner to receive a special certification, (2) prohibiting the practitioner from also acting as the dispensing pharmacist, and (3) requiring the practitioner to have the ability to provide surgical intervention to the patient. </p> <p>The bill also rescinds any investigational use exemption already granted to such a drug if the bill would have prohibited the FDA from granting the exemption. (Currently, the FDA may grant an exemption to certain market approval requirements if a drug is intended solely for use in safety and effectiveness investigations.)</p>
|
<html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 95 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 95
To amend the Federal Food, Drug, and Cosmetic Act to prohibit the
approval of new abortion drugs, to prohibit investigational use
exemptions for abortion drugs, and to impose additional regulatory
requirements with respect to previously approved abortion drugs, and
for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
January 26, 2023
Mrs. Hyde-Smith (for herself, Mr. Daines, Mr. Risch, Mr. Braun, Mrs.
Fischer, Mr. Crapo, Mr. Hoeven, Mr. Cramer, Mr. Rubio, Mr. Wicker, Mr.
Hawley, Mr. Marshall, Mr. Cotton, Mr. Lankford, Mr. Lee, Mr. Barrasso,
Mr. Cornyn, Mr. Scott of Florida, Mr. Cruz, Mr. Thune, Mr. Hagerty, Ms.
Lummis, Mrs. Blackburn, Mr. Young, and Mr. Graham, and Mr. Ricketts)
introduced the following bill; which was read twice and referred to the
Committee on Health, Education, Labor, and Pensions
_______________________________________________________________________
A BILL
To amend the Federal Food, Drug, and Cosmetic Act to prohibit the
approval of new abortion drugs, to prohibit investigational use
exemptions for abortion drugs, and to impose additional regulatory
requirements with respect to previously approved abortion drugs, and
for other 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 ``Support And Value Expectant Moms and
Babies Act of 2023'' or the ``SAVE Moms and Babies Act of 2023''.
SEC. 2. ABORTION DRUGS PROHIBITED.
(a) In General.--Section 505 of the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 355) is amended by adding at the end the
following:
``(z) Abortion Drugs.--
``(1) Prohibitions.--The Secretary shall not approve--
``(A) any application submitted under subsection
(b) or (j) for marketing an abortion drug; or
``(B) grant an investigational use exemption under
subsection (i) for--
``(i) an abortion drug; or
``(ii) any investigation in which the
unborn child of a woman known to be pregnant is
knowingly destroyed.
``(2) Previously approved abortion drugs.--If an approval
described in paragraph (1) is in effect for an abortion drug as
of the date of enactment of the Support And Value Expectant
Moms and Babies Act of 2023, the Secretary shall--
``(A) not approve any labeling change--
``(i) to approve the use of such abortion
drug after 70 days gestation; or
``(ii) to approve the dispensing of such
abortion drug by any means other than in-person
administration by the prescribing health care
practitioner;
``(B) treat such abortion drug as subject to
section 503(b)(1); and
``(C) require such abortion drug to be subject to a
risk evaluation and mitigation strategy under section
505-1 that at a minimum--
``(i) requires health care practitioners
who prescribe such abortion drug--
``(I) to be certified in accordance
with the strategy; and
``(II) to not be acting in their
capacity as a pharmacist;
``(ii) as part of the certification process
referred to in clause (i), requires such
practitioners--
``(I) to have the ability to assess
the duration of pregnancy accurately;
``(II) to have the ability to
diagnose ectopic pregnancies;
``(III) to have the ability to
provide surgical intervention in cases
of incomplete abortion or severe
bleeding;
``(IV) to have the ability to
ensure patient access to medical
facilities equipped to provide blood
transfusions and resuscitation, if
necessary; and
``(V) to report any deaths or other
adverse events associated with the use
of such abortion drug to the Food and
Drug Administration and to the
manufacturer of such abortion drug,
identifying the patient by a non-
identifiable reference and the serial
number from each package of such
abortion drug;
``(iii) limits the dispensing of such
abortion drug to patients--
``(I) in a clinic, medical office,
or hospital by means of in-person
administration by the prescribing
health care practitioner; and
``(II) not in pharmacies or any
setting other than the health care
settings described in subclause (I);
``(iv) requires the prescribing health care
practitioner to give to the patient
documentation on any risk of serious
complications associated with use of such
abortion drug and receive acknowledgment of
such receipt from the patient;
``(v) requires all known adverse events
associated with such abortion drug to be
reported, excluding any individually
identifiable patient information, to the Food
and Drug Administration by the--
``(I) manufacturers of such
abortion drug; and
``(II) prescribers of such abortion
drug; and
``(vi) requires reporting of administration
of the abortion drug as required by State law,
or in the absence of a State law regarding such
reporting, in the same manner as a surgical
abortion.
``(3) Reporting on adverse events by other health care
practitioners.--The Secretary shall require all other health
care practitioners to report to the Food and Drug
Administration any adverse events experienced by their patients
that are connected to use of an abortion drug, excluding any
individually identifiable patient information.
``(4) Rule of construction.--Nothing in this section shall
be construed to restrict the authority of the Federal
Government, or of a State, to establish, implement, and enforce
requirements and restrictions with respect to abortion drugs
under provisions of law other than this section that are in
addition to the requirements and restrictions under this
section.
``(5) Definitions.--In this section:
``(A) The term `abortion drug' means any drug,
substance, or combination of drugs or substances that
is intended for use or that is in fact used
(irrespective of how the product is labeled) to
intentionally kill the unborn child of a woman known to
be pregnant, or to intentionally terminate the
pregnancy of a woman known to be pregnant, with an
intention other than--
``(i) to produce a live birth;
``(ii) to remove a dead unborn child; or
``(iii) to treat an ectopic pregnancy.
``(B) The term `adverse event' includes each of the
following:
``(i) A fatality.
``(ii) An ectopic pregnancy.
``(iii) A hospitalization.
``(iv) A blood loss requiring a
transfusion.
``(v) An infection, including endometritis,
pelvic inflammatory disease, and pelvic
infections with sepsis.
``(vi) A severe infection.
``(C) The term `gestation' means the period of days
beginning on the first day of the last menstrual
period.
``(D) The term `health care practitioner' means any
individual who is licensed, registered, or otherwise
permitted, by the United States or the jurisdiction in
which the individual practices, to prescribe drugs
subject to section 503(b)(1).
``(E) The term `unborn child' means an individual
organism of the species homo sapiens, beginning at
fertilization, until the point of being born alive as
defined in section 8(b) of title 1, United States
Code.''.
(b) Ongoing Investigational Use.--In the case of any
investigational use of a drug pursuant to an investigational use
exemption under section 505(i) of the Federal Food, Drug, and Cosmetic
Act (21 U.S.C. 355(i)) that was granted before the date of enactment of
this Act, such exemption is deemed to be rescinded as of the day that
is 3 years after the date of enactment of this Act if the Secretary
would be prohibited by section 505(z)(1)(B) of the Federal Food, Drug,
and Cosmetic Act, as added by subsection (a), from granting such
exemption as of such day.
<all>
</pre></body></html>
|
[
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"Abortion",
"Drug safety, medical device, and laboratory regulation",
"Health information and medical records",
"Health personnel",
"Health technology, devices, supplies",
"Marketing and advertising",
"Prescription drugs"
] |
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118S950
|
Technical Correction to the Shoshone-Paiute Tribes of the Duck Valley Reservation Water Rights Settlement Act of 2023
|
[
[
"C001113",
"Sen. Cortez Masto, Catherine [D-NV]",
"sponsor"
],
[
"C000880",
"Sen. Crapo, Mike [R-ID]",
"cosponsor"
],
[
"R000584",
"Sen. Risch, James E. [R-ID]",
"cosponsor"
],
[
"R000608",
"Sen. Rosen, Jacky [D-NV]",
"cosponsor"
]
] |
<html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 950 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 950
To amend the Omnibus Public Land Management Act of 2009 to make a
technical correction to the water rights settlement for the Shoshone-
Paiute Tribes of the Duck Valley Reservation, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
March 22, 2023
Ms. Cortez Masto (for herself, Mr. Crapo, Mr. Risch, and Ms. Rosen)
introduced the following bill; which was read twice and referred to the
Committee on Indian Affairs
_______________________________________________________________________
A BILL
To amend the Omnibus Public Land Management Act of 2009 to make a
technical correction to the water rights settlement for the Shoshone-
Paiute Tribes of the Duck Valley Reservation, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Technical Correction to the
Shoshone-Paiute Tribes of the Duck Valley Reservation Water Rights
Settlement Act of 2023''.
SEC. 2. AUTHORIZATION OF PAYMENT OF ADJUSTED INTEREST ON DEVELOPMENT
FUND.
Section 10807(b)(3) of the Omnibus Public Land Management Act of
2009 (Public Law 111-11; 123 Stat. 1409) is amended--
(1) by striking ``There is'' and inserting the following:
``(A) In general.--There is''; and
(2) by adding at the end the following:
``(B) Adjusted interest payments.--
``(i) In general.--There is authorized to
be appropriated to the Secretary for deposit
into the Development Fund $5,124,902.12.
``(ii) Cost indexing.--All amounts made
available to carry out clause (i) shall, on
deposit into the Development Fund, be adjusted
to reflect changes since January 25, 2016, in
the Consumer Price Index for All Urban
Consumers West Urban 50,000 to 1,500,000
published by the Bureau of Labor Statistics.''.
<all>
</pre></body></html>
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|
118S951
|
Office of Gun Violence Prevention Act of 2023
|
[
[
"M001169",
"Sen. Murphy, Christopher [D-CT]",
"sponsor"
],
[
"B001277",
"Sen. Blumenthal, Richard [D-CT]",
"cosponsor"
]
] |
<p><b>Office of Gun Violence Prevention Act of 2023</b></p> <p>This bill establishes an Office of Gun Violence Prevention within the Department of Justice's Office of Legal Policy. </p> <p>Among its duties, the office must coordinate various gun violence prevention efforts that are administered by the Department of Justice, recommend policy options to promote evidence-based gun violence prevention strategies, and promote related data collection. </p>
|
<html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 951 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 951
To establish the Office of Gun Violence Prevention, and for other
purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
March 22, 2023
Mr. Murphy (for himself and Mr. Blumenthal) introduced the following
bill; which was read twice and referred to the Committee on the
Judiciary
_______________________________________________________________________
A BILL
To establish the Office of Gun Violence Prevention, and for other
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 ``Office of Gun Violence Prevention
Act of 2023''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Advisory council.--The term ``Advisory Council'' means
the advisory council established under section 3(c)(1).
(2) Director.--The term ``Director'' means the Director of
the Office.
(3) Gun violence.--The term ``gun violence'' includes
homicide, violent crime, domestic violence, attempted suicide,
suicide, and unintentional death or injury involving a firearm.
(4) Office.--The term ``Office'' means the Office of Gun
Violence Prevention established under section 3(a).
SEC. 3. OFFICE OF GUN VIOLENCE PREVENTION.
(a) Establishment.--
(1) In general.--The Attorney General shall establish
within the Office of Legal Policy of the Department of Justice
the Office of Gun Violence Prevention.
(2) Director.--The Attorney General shall appoint a
Director to be the head of the Office.
(b) Duties.--
(1) In general.--The Director, in consultation with the
Advisory Council, shall coordinate, integrate, and maximize the
efficacy of each responsibility, program, and service relating
to gun violence prevention administered by the Attorney General
to maximize an integrated approach to reducing gun violence and
serving victims of gun violence, including--
(A) the responsibilities of the heads of the
Criminal and Civil Divisions of the Department of
Justice, the Director of the Office of Community
Oriented Policing Services, each United States
Attorney, Director of the Bureau of Alcohol, Tobacco,
Firearms and Explosives, the Director of the Office on
Violence Against Women, the Director of the Office of
Victims of Crime, and the Director of the Office of
Justice Programs; and
(B) the administration of the national instant
criminal background check system established under
section 103 of the Brady Handgun Violence Prevention
Act (34 U.S.C. 40901).
(2) Evaluation.--The Director, in consultation with the
Advisory Council, shall evaluate laws, regulations, Federal
programs, offices, data sources, and grant programs relating to
gun violence prevention administered by the Attorney General to
assess how each such law, regulation, Federal program, office,
data source, and grant program can be maximized, modernized,
and coordinated to reduce gun violence.
(3) Policy recommendations.--The Director shall recommend
to Congress and the President legislative and executive policy
options to promote evidence-based gun violence prevention
strategies, including the implementation of existing laws,
regulations, and grant programs.
(4) Data.--The Director, in consultation with the Advisory
Council, shall--
(A) identify gaps in available data needed for gun
violence prevention research, policy development, and
the implementation of evidence-based gun violence
prevention strategies; and
(B) develop a plan to collect and analyze the data
described in subparagraph (A).
(5) Assessment.--The Director, in consultation with the
Advisory Council, shall assess ongoing research efforts of the
Department of Justice relating to gun violence to establish a
comprehensive research agenda on the causes and solutions of
gun violence.
(6) Education.--The Director, in consultation with the
Advisory Council, shall educate the general public about
Federal laws, regulations, and grant programs relating to gun
violence prevention, including by conducting education and
awareness campaigns--
(A) directed at--
(i) owners of firearms;
(ii) parents and legal guardians of minors;
and
(iii) professionals who provide services to
individuals and communities disproportionately
impacted by gun violence; and
(B) that include education relating to the secure
storage or firearms and suicide prevention.
(7) Coordination.--In carrying out the duties under this
subsection, the Director shall coordinate with Federal agencies
and commissions that have jurisdiction over gun violence
prevention, including--
(A) the Department of Health and Human Services;
(B) the Department of Veterans Affairs;
(C) the Department of Education;
(D) the Department of Housing and Urban
Development;
(E) the Department of Commerce;
(F) the Department of Homeland Security;
(G) the Department of Defense;
(H) the Department of the Interior;
(I) the Consumer Product Safety Commission;
(J) the Federal Trade Commission; and
(K) the United States Sentencing Commission.
(8) Annual report.--Not later than 1 year after the date of
enactment of this Act, and annually thereafter, the Director
shall submit to Congress a report that includes--
(A) information on the state of gun violence in the
United States;
(B) recommendations for policy initiatives and
legislation to reduce gun violence in the United
States; and
(C) a description of the efforts of the Director to
carry out the duties under this subsection.
(c) Advisory Council.--
(1) In general.--Not later than 180 days after the date of
enactment of this Act, and not less frequently than quarterly
thereafter, the Attorney General shall convene an advisory
council--
(A) chaired by the Director; and
(B) the membership of which includes the following
individuals or a designee of the individual:
(i) The Deputy Attorney General.
(ii) The Associate Attorney General.
(iii) The Assistant Attorney General for
the Office of Legal Policy.
(iv) The Assistant Attorney General for the
Office of Justice Programs.
(v) The Assistant Attorney General for the
Criminal Division.
(vi) The Director of the Bureau of Alcohol,
Tobacco, Firearms and Explosives.
(vii) The Director of the Federal Bureau of
Investigation.
(viii) The Director of the Bureau of
Justice Assistance.
(ix) The Director of the Office on Violence
Against Women.
(x) The Director of the Office of Victims
of Crime.
(xi) The Director of the Bureau of Justice
Statistics.
(xii) The Director of the National
Institute of Justice.
(2) Additional members.--
(A) In general.--The Director shall make every
reasonable effort to include as members of the Advisory
Council not fewer than 12 additional individuals.
(B) Representatives.--The additional members
described in subparagraph (A) shall include not fewer
than 1--
(i) survivor of gun violence;
(ii) community violence intervention
service provider;
(iii) public health official;
(iv) medical professional who provides
trauma care;
(v) mental health clinician;
(vi) official from a department of justice
of a State;
(vii) State or local public health
department official;
(viii) teacher;
(ix) member of a student group; and
(x) veteran.
(d) Authorization of Appropriations.--There are authorized to be
appropriated such sums as are necessary to carry out this section.
<all>
</pre></body></html>
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118S952
|
Kids in Classes Act
|
[
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"S001184",
"Sen. Scott, Tim [R-SC]",
"sponsor"
]
] |
<p><strong>Kids in Classes Act</strong></p> This bill prohibits a state educational agency from receiving specified federal education funds unless funds are provided directly to a parent or guardian of an eligible child for certain qualified educational expenses (e.g., educational materials, tutoring, or private school tuition). <em>Eligible child </em>refers to a child who attends a public elementary or secondary school and such school (1) receives specified federal education funds; and (2) does not provide, for reasons related to a public health emergency or collective bargaining action, in-person instruction for all students who wish to attend.
|
<html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 952 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 952
To establish an alternative use of certain Federal education funds when
in-person instruction is not available.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
March 23, 2023
Mr. Scott of South Carolina introduced the following bill; which was
read twice and referred to the Committee on Health, Education, Labor,
and Pensions
_______________________________________________________________________
A BILL
To establish an alternative use of certain Federal education funds when
in-person instruction is not available.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Kids in Classes Act''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) Research indicates that children living in the poorest
20 percent of neighborhoods in the United States will
experience the most negative and long-lasting effects of school
closures.
(2) Researchers predict that 1 year of school closures will
cost ninth graders in the poorest communities a 25 percent
decrease in their post-educational earning potential, even if
that year of closure is followed by 3 years of normal
schooling. By contrast, the same researchers predict no
substantial losses for students from the richest 20 percent of
neighborhoods.
(3) Long periods of school closures during the COVID-19
pandemic deprive low-income students and students of color the
equalizing force of education.
(4) School closures will widen educational inequality and
the learning gaps created by these closures will persist as
students progress through high school, putting their future
prospects at risk.
(5) Data shows that closed classrooms were
disproportionately composed of disadvantaged students, as well
as students with low mathematics scores, students with limited
English proficiency, or students who qualify for a free or
reduced priced lunch.
(6) School shutdowns contribute to disproportionate
learning loss for disadvantaged students, compounding existing
gaps.
SEC. 3. USE OF TITLE I FUNDS IF IN-PERSON INSTRUCTION IS NOT AVAILABLE.
(a) Title I Funds To Follow Eligible Children.--Notwithstanding any
other provision of law, a State educational agency shall not receive
grant funds provided under title I of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 6311 et seq.), unless the State has
provided for the allocation of those funds directly to the parent or
guardian of an eligible child for qualified educational expenses
(including curriculum and curricular materials, books or instructional
materials, technological educational materials, online educational
materials, tutoring or educational classes outside the home, private
school tuition, testing fees, diagnostic tools, and educational
therapies for students with disabilities) for the purposes of ensuring
that funding under such title follows eligible children.
(b) Eligible Child.--In this section the term ``eligible child''
means a child who attends a public elementary school or secondary
school that--
(1) receives funds provided under title I of the Elementary
and Secondary Education Act of 1965 (20 U.S.C. 6311 et seq.);
and
(2) fails, for reasons related to a collective bargaining
action or public health emergency, to make available in-person
instruction for all students who wish to attend.
<all>
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|
118S953
|
Rural Health Innovation Act of 2023
|
[
[
"B001243",
"Sen. Blackburn, Marsha [R-TN]",
"sponsor"
],
[
"H000273",
"Sen. Hickenlooper, John W. [D-CO]",
"cosponsor"
]
] |
<p><b>Rural Health Innovation Act of 2023</b></p> <p>This bill establishes two grant programs to increase access to emergency care in rural areas. The Federal Office of Rural Health Policy within the Health Resources and Services Administration must manage these programs.</p> <p>First, the office must provide grants to federally qualified health centers and rural health clinics to enhance the provision of walk-in urgent care, triage, and other emergency services in rural areas.</p> <p>Second, the office must provide grants to health departments in rural areas for emergency services (including triage and transport to emergency departments), primary care services, and similar services provided by emergency departments.</p> <p>Recipients of these grants may use funds for staffing, equipment, and other necessary expenses to provide emergency services.</p>
|
<html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 953 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 953
To amend the Public Health Service Act to establish a rural health
center innovation awards program and a rural health department
enhancement program, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
March 23, 2023
Mrs. Blackburn (for herself and Mr. Hickenlooper) introduced the
following bill; which was read twice and referred to the Committee on
Health, Education, Labor, and Pensions
_______________________________________________________________________
A BILL
To amend the Public Health Service Act to establish a rural health
center innovation awards program and a rural health department
enhancement 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 ``Rural Health Innovation Act of
2023''.
SEC. 2. RURAL HEALTH CENTER INNOVATION AWARDS PROGRAM.
Subpart I of part D of title III of the Public Health Service Act
(42 U.S.C. 254b et seq.) is amended by adding at the end the following:
``SEC. 330Q. RURAL HEALTH CENTER INNOVATION AWARDS PROGRAM.
``(a) Definitions.--In this section:
``(1) Eligible entity.--The term `eligible entity' means an
entity that--
``(A) is a Federally qualified health center;
``(B) is a rural health clinic; or
``(C) agrees (as a condition of receiving a grant
under this section) to establish such a center or
clinic, including a hospital that agrees (as such a
condition) to convert to a Federally qualified health
center or rural health clinic.
``(2) Federally qualified health center.--The term
`Federally qualified health center' has the meaning given such
term in section 1861(aa) of the Social Security Act.
``(3) Rural area.--The term `rural area' means any area
that is rural, within the meaning of such term as used by the
Office of Rural Health Policy of the Health Resources and
Services Administration for purposes of determining eligibility
for grants or services, including any area that is rural within
such meaning as used by such Office for fiscal year 2023 or any
area that is rural within such meaning as amended for a
subsequent fiscal year.
``(4) Rural health clinic.--The term `rural health clinic'
has the meaning given such term in section 1861(aa) of the
Social Security Act.
``(b) Establishment.--
``(1) In general.--The Secretary, acting through the
Director of the Office of Rural Health Policy of the Health
Resources and Services Administration, shall establish a grant
program to be known as the `Rural Health Center Innovation
Awards program' to award grants to eligible entities that
submit an application in accordance with subsection (c) to
enable such entities to establish or maintain a Federally
qualified health center or rural health clinic that--
``(A) serves individuals in a rural area as a walk-
in urgent care center and as a triage center or staging
facility for necessary air or ambulance transport to an
emergency department; and
``(B) includes--
``(i) professional clinical staff,
including physicians, physician interns,
residents, nurse practitioners, physician
assistants, nurse midwives, or other health
care providers providing walk-in urgent care
and emergency triage; and
``(ii) resources, including laboratories,
x-ray machines, and cardiac monitors.
``(2) Permissible uses of funds.--The funds of a grant
awarded under this section may be used to--
``(A) expand the hours of operation of a Federally
qualified health center or rural health clinic;
``(B) pay for the costs of construction and
renovation of a Federally qualified health center or
rural health clinic; or
``(C) carry out any other activity for the purposes
described in paragraph (1).
``(c) Applications and Selection.--
``(1) In general.--An eligible entity seeking a grant under
this section shall submit to the Secretary an application at
such time, in such manner, and containing such information as
the Secretary may reasonably require.
``(2) Start up centers and clinics.--An application
submitted under paragraph (1) by an eligible entity that is not
a Federally qualified health center, or a rural health clinic,
on the date on which the entity submits the application under
paragraph (1) shall include in such application a demonstration
of the costs of the equipment and staffing needed to establish
the center or clinic.
``(3) Consideration of overlap.--In the case an eligible
entity submits an application under paragraph (1) that proposes
to serve an area that is served by another eligible entity
through a grant under this section, the Secretary may consider
whether an award to the eligible entity serving such same area
can be justified based on the unmet need for additional
services in such area.
``(4) Priority.--In selecting recipients of grants under
this section, the Secretary shall give priority to an eligible
entity that is operating as a Federally qualified health
center, or a rural health clinic, on the date on which the
entity submits the application under paragraph (1).
``(d) Grant Period and Amounts.--
``(1) Period.--Each grant awarded under this section shall
be for a period of 5 years.
``(2) Amount.--
``(A) In general.--A grant awarded under this
section to an eligible entity shall not exceed--
``(i) for the first year of the grant--
``(I) $500,000 if the entity is a
Federally qualified health center, or a
rural health clinic, on the date on
which the award is made; and
``(II) $750,000 if the entity is
using the grant to establish a
Federally qualified health center or a
rural health clinic; and
``(ii) for each of the second through fifth
years of the grant, $500,000.
``(B) Considerations.--In determining the amount of
a grant under this section for an eligible entity for
each year after the first year in which the grant is
awarded, the Secretary shall, subject to subparagraph
(A)(ii), consider the number of patients treated, and
the type of treatment provided, by the entity in the
prior year.
``(e) Reporting.--
``(1) In general.--Not later than 3 years after the date of
enactment of this section, the Secretary shall report to the
committees described in paragraph (2) on the grant program
under this section, including--
``(A) an assessment of the success of the program,
challenges with respect to the program, and any action
for regulatory flexibility or legislative authority
needed to improve the program;
``(B) any savings to Federal health care programs;
``(C) any increase in access to care; and
``(D) any increase in utilization of health
services in rural areas.
``(2) Committees.--The committees described in this
paragraph are--
``(A) the Committee on Health, Education, Labor,
and Pensions, and the Committee on Finance, of the
Senate; and
``(B) the Committee on Energy and Commerce, and the
Committee on Ways and Means, of the House of
Representatives.
``(f) Rule of Construction.--No entity receiving a grant under this
section shall lose status as a Federally qualified health center, or a
rural health clinic, on account of carrying out any activities under
this section.
``(g) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $25,000,000 for each of fiscal
years 2024 through 2028.''.
SEC. 3. RURAL HEALTH DEPARTMENT ENHANCEMENT PROGRAM.
Subpart I of part D of title III of the Public Health Service Act
(42 U.S.C. 254b et seq.), as amended by section 2, is further amended
by adding at the end the following:
``SEC. 330R. RURAL HEALTH DEPARTMENT ENHANCEMENT PROGRAM.
``(a) Definitions.--In this section:
``(1) Rural area.--The term `rural area' has the meaning
given the term in section 330Q(a).
``(2) Rural health department.--The term `rural health
department' means a local public health department that is
located in a rural area.
``(b) Establishment.--The Secretary, acting through the Director of
the Office of Rural Health Policy of the Health Resources and Services
Administration, shall award grants, on a competitive basis, to rural
health departments that submit an application in accordance with
subsection (c) to enhance such departments and enable them to provide
individuals in rural areas with emergency services, triage and
transport to emergency departments, primary care services, and other
services similar to services provided by emergency departments.
``(c) Applications.--A rural health department seeking a grant
under this section shall submit an application to the Secretary at such
time, in such manner, and containing such information as the Secretary
may reasonably require, including--
``(1) an indication of the estimated cost of the equipment
and staffing needed by the department for the first year of the
award to set up the activities and services under this section;
``(2) a demonstration that the department has, on the date
on which the application is submitted, a facility operating
that is located in a rural area; and
``(3) a demonstration that, on the date on which the
application is submitted, the department--
``(A) has a nursing staff and medical equipment;
and
``(B) agrees to use such staff and equipment
towards providing the services and carrying out the
activities under this section.
``(d) Grants.--
``(1) Annual awards.--The funds awarded through a grant
under this section to a rural health department shall be
awarded on an annual basis for each of 5 years.
``(2) Maximum amounts.--The funds awarded through a grant
under this section to a rural health department shall be in an
amount that for a year does not exceed $500,000.
``(3) Considerations.--The Secretary shall determine the
amount awarded to a rural health department through a grant
under this section for a year in accordance with the following:
``(A) For the first year of the award, the amount
shall be based on the amount the rural health
department estimates for the cost of equipment and
staffing needed to set up the activities and services
supported under this section, as specified in the
application under subsection (c).
``(B) For the second through fifth years of the
award, the amount shall be based on the number of
patients treated, and the type of treatment provided,
by the department in the prior year.
``(e) Use of Funds.--
``(1) In general.--A rural health department receiving a
grant under this section shall use the funds awarded through
the grant to provide the services and carry out the activities
described in subsection (b) at a facility that is located in a
rural area, including by--
``(A) obtaining additional medical equipment and
resources necessary for providing the services and
activities described in subsection (b), such as
laboratories, x-ray machines, and cardiac monitors;
``(B) hiring additional providers to provide the
services and carry out the activities described in
subsection (b), such as physician interns, residents,
nurse practitioners, physician assistants, and nurse
midwives, which hiring may be through a partnership
described in paragraph (2)(A); and
``(C) providing outreach to the community regarding
the services and activities of the rural health
department as supported under this section.
``(2) Limitations.--
``(A) Partnerships.--Not more than 3 percent of the
funds awarded through a grant under this section for a
year may be used towards the rural health department
entering into a partnership with an academic medical
center to assist with the hiring described in paragraph
(1)(B).
``(B) Community outreach.--For each of the first 2
years of a grant awarded under this section, not more
than 3 percent of the funds may be used by the rural
health department receiving the grant for the outreach
described in paragraph (1)(C).
``(f) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section $25,000,000 for each of fiscal
years 2024 through 2028.''.
<all>
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118S954
|
Affordable Insulin Now Act of 2023
|
[
[
"W000790",
"Sen. Warnock, Raphael G. [D-GA]",
"sponsor"
],
[
"K000393",
"Sen. Kennedy, John [R-LA]",
"cosponsor"
],
[
"F000479",
"Sen. Fetterman, John [D-PA]",
"cosponsor"
],
[
"B001319",
"Sen. Britt, Katie Boyd [R-AL]",
"cosponsor"
]
] |
<html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 954 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 954
To provide for appropriate cost-sharing for insulin products covered
under private health plans, and to establish a program to support
health care providers and pharmacies in providing discounted insulin
products to uninsured individuals.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
March 23, 2023
Mr. Warnock (for himself and Mr. Kennedy) introduced the following
bill; which was read twice and referred to the Committee on Health,
Education, Labor, and Pensions
_______________________________________________________________________
A BILL
To provide for appropriate cost-sharing for insulin products covered
under private health plans, and to establish a program to support
health care providers and pharmacies in providing discounted insulin
products to uninsured individuals.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Affordable Insulin Now Act of
2023''.
SEC. 2. APPROPRIATE COST-SHARING FOR INSULIN PRODUCTS COVERED UNDER
PRIVATE HEALTH PLANS.
(a) In General.--Part D of title XXVII of the Public Health Service
Act (42 U.S.C. 300gg-111 et seq.) is amended by adding at the end the
following:
``SEC. 2799A-11. REQUIREMENTS WITH RESPECT TO COST-SHARING FOR CERTAIN
INSULIN PRODUCTS.
``(a) In General.--For plan years beginning on or after January 1,
2024, a group health plan or health insurance issuer offering group or
individual health insurance coverage shall provide coverage of selected
insulin products, and with respect to such products, shall not--
``(1) apply any deductible; or
``(2) impose any cost-sharing in excess of the lesser of,
per 30-day supply--
``(A) $35; or
``(B) the amount equal to 25 percent of the
negotiated price of the selected insulin product net of
all price concessions received by or on behalf of the
plan or coverage, including price concessions received
by or on behalf of third-party entities providing
services to the plan or coverage, such as pharmacy
benefit management services.
``(b) Definitions.--In this section:
``(1) Selected insulin products.--The term `selected
insulin products' means at least one of each dosage form (such
as vial, pump, or inhaler dosage forms) of each different type
(such as rapid-acting, short-acting, intermediate-acting, long-
acting, ultra long-acting, and premixed) of insulin (as defined
below), when available, as selected by the group health plan or
health insurance issuer.
``(2) Insulin defined.--The term `insulin' means insulin
that is licensed under subsection (a) or (k) of section 351 and
continues to be marketed under such section.
``(c) Out-of-Network Providers.--Nothing in this section requires a
plan or issuer that has a network of providers to provide benefits for
selected insulin products described in this section that are delivered
by an out-of-network provider, or precludes a plan or issuer that has a
network of providers from imposing higher cost-sharing than the levels
specified in subsection (a) for selected insulin products described in
this section that are delivered by an out-of-network provider.
``(d) Rule of Construction.--Subsection (a) shall not be construed
to require coverage of, or prevent a group health plan or health
insurance coverage from imposing cost-sharing other than the levels
specified in subsection (a) on, insulin products that are not selected
insulin products, to the extent that such coverage is not otherwise
required and such cost-sharing is otherwise permitted under Federal and
applicable State law.
``(e) Application of Cost-Sharing Towards Deductibles and Out-of-
Pocket Maximums.--Any cost-sharing payments made pursuant to subsection
(a)(2) shall be counted toward any deductible or out-of-pocket maximum
that applies under the plan or coverage.''.
(b) No Effect on Other Cost-Sharing.--Section 1302(d)(2) of the
Patient Protection and Affordable Care Act (42 U.S.C. 18022(d)(2)) is
amended by adding at the end the following new subparagraph:
``(D) Special rule relating to insulin coverage.--
The exemption of coverage of selected insulin products
(as defined in section 2799A-11(b) of the Public Health
Service Act) from the application of any deductible
pursuant to section 2799A-11(a)(1) of such Act, section
726(a)(1) of the Employee Retirement Income Security
Act of 1974, or section 9826(a)(1) of the Internal
Revenue Code of 1986 shall not be considered when
determining the actuarial value of a qualified health
plan under this subsection.''.
(c) Coverage of Certain Insulin Products Under Catastrophic
Plans.--Section 1302(e) of the Patient Protection and Affordable Care
Act (42 U.S.C. 18022(e)) is amended by adding at the end the following:
``(4) Coverage of certain insulin products.--
``(A) In general.--Notwithstanding paragraph
(1)(B)(i), a health plan described in paragraph (1)
shall provide coverage of selected insulin products, in
accordance with section 2799A-11 of the Public Health
Service Act, before an enrolled individual has
incurred, during the plan year, cost-sharing expenses
in an amount equal to the annual limitation in effect
under subsection (c)(1) for the plan year.
``(B) Terminology.--For purposes of subparagraph
(A)--
``(i) the term `selected insulin products'
has the meaning given such term in section
2799A-11(b) of the Public Health Service Act;
and
``(ii) the requirements of section 2799A-11
of such Act shall be applied by deeming each
reference in such section to `individual health
insurance coverage' to be a reference to a plan
described in paragraph (1).''.
(d) ERISA.--
(1) In general.--Subpart B of part 7 of subtitle B of title
I of the Employee Retirement Income Security Act of 1974 (29
U.S.C. 1185 et seq.) is amended by adding at the end the
following:
``SEC. 726. REQUIREMENTS WITH RESPECT TO COST-SHARING FOR CERTAIN
INSULIN PRODUCTS.
``(a) In General.--For plan years beginning on or after January 1,
2024, a group health plan or health insurance issuer offering group
health insurance coverage shall provide coverage of selected insulin
products, and with respect to such products, shall not--
``(1) apply any deductible; or
``(2) impose any cost-sharing in excess of the lesser of,
per 30-day supply--
``(A) $35; or
``(B) the amount equal to 25 percent of the
negotiated price of the selected insulin product net of
all price concessions received by or on behalf of the
plan or coverage, including price concessions received
by or on behalf of third-party entities providing
services to the plan or coverage, such as pharmacy
benefit management services.
``(b) Definitions.--In this section:
``(1) Selected insulin products.--The term `selected
insulin products' means at least one of each dosage form (such
as vial, pump, or inhaler dosage forms) of each different type
(such as rapid-acting, short-acting, intermediate-acting, long-
acting, ultra long-acting, and premixed) of insulin (as defined
below), when available, as selected by the group health plan or
health insurance issuer.
``(2) Insulin defined.--The term `insulin' means insulin
that is licensed under subsection (a) or (k) of section 351 of
the Public Health Service Act (42 U.S.C. 262) and continues to
be marketed under such section.
``(c) Out-of-Network Providers.--Nothing in this section requires a
plan or issuer that has a network of providers to provide benefits for
selected insulin products described in this section that are delivered
by an out-of-network provider, or precludes a plan or issuer that has a
network of providers from imposing higher cost-sharing than the levels
specified in subsection (a) for selected insulin products described in
this section that are delivered by an out-of-network provider.
``(d) Rule of Construction.--Subsection (a) shall not be construed
to require coverage of, or prevent a group health plan or health
insurance coverage from imposing cost-sharing other than the levels
specified in subsection (a) on, insulin products that are not selected
insulin products, to the extent that such coverage is not otherwise
required and such cost-sharing is otherwise permitted under Federal and
applicable State law.
``(e) Application of Cost-Sharing Towards Deductibles and Out-of-
Pocket Maximums.--Any cost-sharing payments made pursuant to subsection
(a)(2) shall be counted toward any deductible or out-of-pocket maximum
that applies under the plan or coverage.''.
(2) 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 725 the following:
``Sec. 726. Requirements with respect to cost-sharing for certain
insulin products.''.
(e) Internal Revenue Code.--
(1) In general.--Subchapter B of chapter 100 of the
Internal Revenue Code of 1986 is amended by adding at the end
the following new section:
``SEC. 9826. REQUIREMENTS WITH RESPECT TO COST-SHARING FOR CERTAIN
INSULIN PRODUCTS.
``(a) In General.--For plan years beginning on or after January 1,
2024, a group health plan shall provide coverage of selected insulin
products, and with respect to such products, shall not--
``(1) apply any deductible; or
``(2) impose any cost-sharing in excess of the lesser of,
per 30-day supply--
``(A) $35; or
``(B) the amount equal to 25 percent of the
negotiated price of the selected insulin product net of
all price concessions received by or on behalf of the
plan, including price concessions received by or on
behalf of third-party entities providing services to
the plan, such as pharmacy benefit management services.
``(b) Definitions.--In this section:
``(1) Selected insulin products.--The term `selected
insulin products' means at least one of each dosage form (such
as vial, pump, or inhaler dosage forms) of each different type
(such as rapid-acting, short-acting, intermediate-acting, long-
acting, ultra long-acting, and premixed) of insulin (as defined
below), when available, as selected by the group health plan.
``(2) Insulin defined.--The term `insulin' means insulin
that is licensed under subsection (a) or (k) of section 351 of
the Public Health Service Act (42 U.S.C. 262) and continues to
be marketed under such section.
``(c) Out-of-Network Providers.--Nothing in this section requires a
plan that has a network of providers to provide benefits for selected
insulin products described in this section that are delivered by an
out-of-network provider, or precludes a plan that has a network of
providers from imposing higher cost-sharing than the levels specified
in subsection (a) for selected insulin products described in this
section that are delivered by an out-of-network provider.
``(d) Rule of Construction.--Subsection (a) shall not be construed
to require coverage of, or prevent a group health plan from imposing
cost-sharing other than the levels specified in subsection (a) on,
insulin products that are not selected insulin products, to the extent
that such coverage is not otherwise required and such cost-sharing is
otherwise permitted under Federal and applicable State law.
``(e) Application of Cost-Sharing Towards Deductibles and Out-of-
Pocket Maximums.--Any cost-sharing payments made pursuant to subsection
(a)(2) shall be counted toward any deductible or out-of-pocket maximum
that applies under the plan.''.
(2) Clerical amendment.--The table of sections for
subchapter B of chapter 100 of such Code is amended by adding
at the end the following new item:
``Sec. 9826. Requirements with respect to cost-sharing for certain
insulin products.''.
(f) Implementation.--The Secretary of Health and Human Services,
the Secretary of Labor, and the Secretary of the Treasury may implement
the provisions of, including the amendments made by, this subsection
through sub-regulatory guidance, program instruction or otherwise.
SEC. 3. REIMBURSEMENT FOR INSULIN FURNISHED TO UNINSURED INDIVIDUALS.
(a) In General.--The Secretary of Health and Human Services (in
this section referred to as the ``Secretary'') shall establish a
program under which the Secretary enters into agreements with
qualifying entities for purposes of furnishing insulin products to
uninsured individuals.
(b) Payment.--The Secretary shall pay to each qualifying entity
with an agreement in effect under this section, with respect to each
30-day supply of insulin products furnished to an uninsured individual
by such entity on or after January 1, 2024, an amount equal to the
difference between the out-of-pocket cost to the individual for a 30-
day supply of such insulin products and $35.
(c) Definitions.--In this section:
(1) Insulin product.--The term ``insulin product'' has the
meaning given the term ``insulin'' in section 2799A-11 of the
Public Health Service Act, as added by section 2.
(2) Qualifying entity.--The term ``qualifying entity''
means a health care provider or pharmacy that--
(A) agrees, with respect to an insulin product
furnished by such provider or pharmacy to an uninsured
individual after January 1, 2024, for which payment is
made by the Secretary under this section, not to hold
such individual liable for any payment amount for such
product; and
(B) meets such other standards and requirements as
may be determined appropriate by the Secretary.
(3) Specified health plan.--The term ``specified health
plan'' means a Federal health care program (as defined in
section 1128B of the Social Security Act (42 U.S.C. 1320a-7b)),
the health program established under chapter 89 of title 5,
United States Code, a group health plan (as defined in section
2791 of the Public Health Service Act (42 U.S.C. 300gg-91), and
group or individual health insurance coverage (as defined in
such section 2791).
(4) Uninsured individual.--The term ``uninsured
individual'' means, with respect to an individual and an
insulin product, an individual who does not have benefits
available for such product (or for another insulin product of
the same dosage form (such as vial, pump, or inhaler dosage
forms) and type (such as rapid-acting, short-acting,
intermediate-acting, long-acting, ultra-long-acting, and
premixed)) under a specified health plan.
SEC. 4. SENSE OF CONGRESS.
It is the sense of Congress that subsequent legislation should be
enacted by Congress that provides for an offset for any costs to the
Federal Government resulting from the enactment of this Act.
<all>
</pre></body></html>
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118S955
|
Senior Security Act of 2023
|
[
[
"S001191",
"Sen. Sinema, Kyrsten [I-AZ]",
"sponsor"
],
[
"C001035",
"Sen. Collins, Susan M. [R-ME]",
"cosponsor"
]
] |
<p><b>National Senior Investor Initiative Act of 2023 or the Senior Security Act of 2023</b></p> <p>This bill establishes the Senior Investor Taskforce within the Securities and Exchange Commission. The taskforce must report on topics relating to investors over the age of 65, including industry trends and serious issues impacting such investors, and make recommendations for legislative or regulatory actions to address problems encountered by senior investors. </p> <p>The Government Accountability Office must report on the financial exploitation of senior citizens. </p>
|
<html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 955 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 955
To amend the Securities Exchange Act of 1934 to create an
interdivisional taskforce at the Securities and Exchange Commission for
senior investors, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
March 23, 2023
Ms. Sinema (for herself and Ms. Collins) introduced the following bill;
which was read twice and referred to the Committee on Banking, Housing,
and Urban Affairs
_______________________________________________________________________
A BILL
To amend the Securities Exchange Act of 1934 to create an
interdivisional taskforce at the Securities and Exchange Commission for
senior investors, and for other 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 ``National Senior Investor Initiative
Act of 2023'' or the ``Senior Security Act of 2023''.
SEC. 2. SENIOR INVESTOR TASKFORCE.
Section 4 of the Securities Exchange Act of 1934 (15 U.S.C. 78d) is
amended by adding at the end the following:
``(l) Senior Investor Taskforce.--
``(1) Definitions.--In this subsection--
``(A) the term `appropriate committees of Congress'
means--
``(i) the Committee on Banking, Housing,
and Urban Affairs of the Senate;
``(ii) the Special Committee on Aging of
the Senate; and
``(iii) the Committee on Financial Services
of the House of Representatives; and
``(B) the term `senior investor' means an investor
who is older than 65 years of age.
``(2) Establishment.--There is established within the
Commission the Senior Investor Taskforce (referred to in this
subsection as the `Taskforce').
``(3) Director of the taskforce.--The head of the Taskforce
shall be the Director, who shall--
``(A) report directly to the Chairman; and
``(B) be appointed by the Chairman, in consultation
with the Commission, from among individuals--
``(i) currently employed by the Commission
or from outside of the Commission; and
``(ii) having experience in advocating for
the interests of senior investors.
``(4) Staffing.--
``(A) In general.--The Chairman shall ensure that--
``(i) the Taskforce is staffed sufficiently
to carry out fully the requirements of this
subsection; and
``(ii) the staff described in clause (i)
includes individuals from the Division of
Enforcement, the Office of Compliance
Inspections and Examinations, and the Office of
Investor Education and Advocacy.
``(B) Members of the public.--
``(i) In general.--A member of the public
may serve as a member of the Taskforce.
``(ii) Travel expenses.--The Chairman shall
provide to any member of the public serving as
a member of the Taskforce travel expenses,
including per diem in lieu of subsistence, at
rates authorized for an employee of an agency
under subchapter I of chapter 57 of title 5,
United States Code, while away from the home or
regular place of business of the member in the
performance of the duties of the Taskforce.
``(C) Federal employees.--A member of the Taskforce
who is an employee of any agency, office, or other
establishment in the executive, legislative, or
judicial branch of the Federal Government shall receive
no additional compensation for performing the duties of
the member with respect to the Taskforce.
``(5) Minimizing duplication of efforts.--In organizing and
staffing the Taskforce, the Chairman shall take such actions as
may be necessary to minimize the duplication of efforts within
the divisions and offices described in paragraph (4)(A)(ii) and
any other divisions, offices, or taskforces of the Commission.
``(6) Functions of the taskforce.--The Taskforce shall--
``(A) identify challenges that senior investors
encounter, including problems associated with financial
exploitation and cognitive decline;
``(B) identify areas in which senior investors
would benefit from changes in the regulations of the
Commission or the rules of self-regulatory
organizations;
``(C) coordinate, as appropriate, with other
offices within the Commission, other taskforces that
may be established within the Commission, self-
regulatory organizations, and the Elder Justice
Coordinating Council; and
``(D) consult, as appropriate, with State
securities and law enforcement authorities, State
insurance regulators, and other Federal agencies.
``(7) Report.--
``(A) In general.--Subject to subparagraphs (B) and
(C), the Taskforce, in coordination, as appropriate,
with the Office of the Investor Advocate and self-
regulatory organizations, and in consultation, as
appropriate, with State securities and law enforcement
authorities, State insurance regulators, and Federal
agencies, shall submit to the Secretary of the Senate,
the Clerk of the House of Representatives, and the
appropriate committees of Congress a biennial report
containing--
``(i) appropriate statistical information
and full and substantive analysis;
``(ii) a summary of recent trends and
innovations that have impacted the investment
landscape for senior investors;
``(iii) a summary of regulatory initiatives
that have concentrated on senior investors and
industry practices relating to senior
investors;
``(iv) key observations, best practices,
and areas needing improvement involving senior
investors identified during examinations,
enforcement actions, and investor education
outreach;
``(v) a summary of the most serious issues
encountered by senior investors, including
issues involving financial products and
services;
``(vi) an analysis with respect to--
``(I) existing policies and
procedures of brokers, dealers,
investment advisers, and other market
participants relating to senior
investors and topics involving senior
investors; and
``(II) whether the policies and
procedures described in subclause (I)
need to be further developed or
refined;
``(vii) recommendations for any legislative
action, and any changes to the regulations,
guidance, and orders of the Commission and
self-regulatory organizations, as may be
appropriate to resolve problems encountered by
senior investors; and
``(viii) any other information, as
determined appropriate by the Director of the
Taskforce.
``(B) First report.--The first report required
under this paragraph may not be submitted until after
the Comptroller General of the United States has
submitted, and the Taskforce has considered, the report
required under section 3 of the National Senior
Investor Initiative Act of 2023.
``(C) Electronic copies.--Each report submitted
under this paragraph to the Secretary of the Senate and
the Clerk of the House of Representatives shall include
an electronic version of the report, which any Member
of Congress may obtain, upon request to the applicable
official.
``(8) Use of existing funds.--The Commission shall carry
out this subsection using amounts otherwise made available to
the Commission and no additional funds are authorized to be
appropriated to carry out this subsection.
``(9) Sunset.--The Taskforce shall terminate on the date
that is 10 years after the date of enactment of this
subsection.''.
SEC. 3. GAO STUDY.
(a) Definitions.--In this section--
(1) the term ``senior citizen'' means an individual who is
older than 65 years of age; and
(2) the term ``Taskforce'' means the Senior Investor
Taskforce established under subsection (l) of section 4 of the
Securities Exchange Act of 1934 (15 U.S.C. 78d), as added by
section 2 of this Act.
(b) Study.--Not later than 2 years after the date of enactment of
this Act, the Comptroller General of the United States shall submit to
Congress and the Taskforce the results of a study of financial
exploitation of senior citizens.
(c) Contents.--The study required under subsection (b) shall
include information with respect to--
(1) the economic costs of the financial exploitation of
senior citizens, including--
(A) costs associated with losses by victims that
were incurred as a result of the financial exploitation
of senior citizens;
(B) costs incurred by State and Federal agencies,
law enforcement and investigatory agencies, public
benefit programs, public health programs, and other
public programs as a result of the financial
exploitation of senior citizens;
(C) costs incurred by the private sector as a
result of the financial exploitation of senior
citizens; and
(D) any other relevant costs that--
(i) result from the financial exploitation
of senior citizens; and
(ii) the Comptroller General of the United
States determines are necessary and appropriate
to include in order to provide Congress and the
public with a full and accurate understanding
of the economic costs resulting from the
financial exploitation of senior citizens in
the United States;
(2) the frequency of the financial exploitation of senior
citizens and correlated or contributing factors with respect to
that exploitation, including information regarding--
(A) the percentage of senior citizens financially
exploited each year; and
(B) factors that may contribute to an increased
risk of exploitation of senior citizens, including
race, social isolation, income, net worth, religion,
geographic location, occupation, education, home-
ownership, illness, and loss of spouse; and
(3) policy responses to, and the reporting of, the
financial exploitation of senior citizens, including--
(A) the degree to which financial exploitation of
senior citizens is not reported to the appropriate
authorities;
(B) the reasons that financial exploitation of
senior citizens may not be reported to the appropriate
authorities;
(C) to the extent that suspected financial
exploitation of senior citizens is reported,
information regarding--
(i) which entities receive those reports,
including--
(I) Federal, State, and local
agencies, including adult protective
services agencies and law enforcement
agencies; and
(II) private sector entities,
professional licensing boards, and
other regulators;
(ii) the specific types of information the
entities described in clause (i) collect;
(iii) the actions that the entities
described in clause (i) take upon the receipt
of such a report; and
(iv) any limits on the ability of the
entities described in clause (i) to prevent
that exploitation, such as jurisdictional
limits, a lack of expertise, resource
challenges, or limiting criteria with respect
to the types of victims the agencies are
permitted to serve;
(D) an analysis of gaps that may exist in
empowering Federal, State, and local agencies to--
(i) prevent the financial exploitation of
senior citizens; or
(ii) respond effectively to the suspected
financial exploitation of senior citizens; and
(E) an analysis of the legal hurdles that prevent
Federal, State, and local agencies from effectively
partnering with each other and private professionals to
effectively respond to the financial exploitation of
senior citizens.
<all>
</pre></body></html>
|
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118S956
|
Health Care Fairness for Military Families Act of 2023
|
[
[
"K000377",
"Sen. Kelly, Mark [D-AZ]",
"sponsor"
],
[
"T000464",
"Sen. Tester, Jon [D-MT]",
"cosponsor"
],
[
"M001153",
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"cosponsor"
],
[
"W000817",
"Sen. Warren, Elizabeth [D-MA]",
"cosponsor"
]
] |
<html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 956 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 956
To amend title 10, United States Code, to improve dependent coverage
under the TRICARE Young Adult Program.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
March 23, 2023
Mr. Kelly (for himself, Mr. Tester, Ms. Murkowski, and Ms. Warren)
introduced the following bill; which was read twice and referred to the
Committee on Armed Services
_______________________________________________________________________
A BILL
To amend title 10, United States Code, to improve dependent coverage
under the TRICARE Young Adult 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 ``Health Care Fairness for Military
Families Act of 2023''.
SEC. 2. IMPROVEMENTS TO DEPENDENT COVERAGE UNDER TRICARE YOUNG ADULT
PROGRAM.
(a) Expansion of Eligibility.--Subsection (b) of section 1110b of
title 10, United States Code, is amended--
(1) by striking paragraph (3); and
(2) by redesignating paragraphs (4) and (5) as paragraphs
(3) and (4), respectively.
(b) Elimination of Separate Premium for a Young Adult.--Such
section is further amended by striking subsection (c).
(c) Conforming Amendment.--Section 1075(c)(3) of such title is
amended by striking ``section 1076d, 1076e, or 1110b'' and inserting
``section 1076d or 1076e''.
<all>
</pre></body></html>
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|
118S957
|
Federal Reserve Independence Act
|
[
[
"S000033",
"Sen. Sanders, Bernard [I-VT]",
"sponsor"
]
] |
<html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 957 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 957
To amend the Federal Reserve Act to restrict conflicts of interest on
the boards of directors of Federal reserve banks, and for other
purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
March 23, 2023
Mr. Sanders introduced the following bill; which was read twice and
referred to the Committee on Banking, Housing, and Urban Affairs
_______________________________________________________________________
A BILL
To amend the Federal Reserve Act to restrict conflicts of interest on
the boards of directors of Federal reserve banks, and for other
purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Federal Reserve Independence Act''.
SEC. 2. ENDING CONFLICTS OF INTEREST.
(a) Class A Members.--The tenth undesignated paragraph of section 4
of the Federal Reserve Act (12 U.S.C. 302) (relating to Class A) is
amended by striking ``chosen by and be representative of the
stockholding banks'' and inserting ``designated by the Board of
Governors of the Federal Reserve System, from among persons who are not
employed in any capacity by a stockholding bank''.
(b) Class B.--The eleventh undesignated paragraph of section 4 of
the Federal Reserve Act (12 U.S.C. 302) (relating to Class B) is
amended by striking ``be elected'' and inserting ``be designated by the
Board of Governors of the Federal Reserve System''.
(c) Limitations on Boards of Directors.--The fourteenth and
fifteenth undesignated paragraphs of section 4 of the Federal Reserve
Act (12 U.S.C. 303) (relating to Class B and Class C, respectively) are
amended to read as follows:
``No employee of a bank holding company or other entity regulated
by the Board of Governors of the Federal Reserve System may serve on
the board of directors of any Federal reserve bank.
``No employee of the Federal Reserve System or board member of a
Federal reserve bank may own any stock or invest in any company that is
regulated by the Board of Governors of the Federal Reserve System,
without exception.''.
SEC. 3. REPORTS TO CONGRESS.
Not later than 1 year after the date of enactment of this Act, and
annually thereafter, the Comptroller General of the United States shall
submit to Congress a report regarding the adherence to the provisions
of this Act and the amendments made by this Act.
<all>
</pre></body></html>
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118S958
|
American Economic Diplomacy Act
|
[
[
"L000575",
"Sen. Lankford, James [R-OK]",
"sponsor"
],
[
"M000639",
"Sen. Menendez, Robert [D-NJ]",
"cosponsor"
]
] |
<html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 958 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 958
To amend the Trade Act of 1974 to modify the requirements for the
annual report on the trade agreements program and the national trade
policy agenda to include an assessment of impacts on the national
defense strategy and the national security strategy of the United
States, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
March 23, 2023
Mr. Lankford (for himself and Mr. Menendez) introduced the following
bill; which was read twice and referred to the Committee on Finance
_______________________________________________________________________
A BILL
To amend the Trade Act of 1974 to modify the requirements for the
annual report on the trade agreements program and the national trade
policy agenda to include an assessment of impacts on the national
defense strategy and the national security strategy of the United
States, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``American Economic Diplomacy Act''.
SEC. 2. MODIFICATION TO ANNUAL REPORT ON TRADE AGREEMENTS PROGRAM AND
NATIONAL TRADE POLICY AGENDA.
Section 163(a)(3)(A) of the Trade Act of 1974 (19 U.S.C.
2213(a)(3)(A)) is amended--
(1) by redesignating clause (iv) as clause (v);
(2) in clause (iii), by striking ``and'' at the end; and
(3) by inserting after clause (iii) the following:
``(iv) how such objectives and priorities support
and advance the objectives of--
``(I) the national defense strategy under
113(g) of title 10, United States Code; and
``(II) the national security strategy of
the United States under section 108 of the
National Security Act of 1947 (50 U.S.C. 3043);
and''.
<all>
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118S959
|
Stopping Traffickers and Their Accomplices Act of 2023
|
[
[
"B001305",
"Sen. Budd, Ted [R-NC]",
"sponsor"
],
[
"S001217",
"Sen. Scott, Rick [R-FL]",
"cosponsor"
],
[
"M001198",
"Sen. Marshall, Roger [R-KS]",
"cosponsor"
],
[
"R000584",
"Sen. Risch, James E. [R-ID]",
"cosponsor"
],
[
"R000595",
"Sen. Rubio, Marco [R-FL]",
"cosponsor"
],
[
"L000575",
"Sen. Lankford, James [R-OK]",
"cosponsor"
],
[
"H001079",
"Sen. Hyde-Smith, Cindy [R-MS]",
"cosponsor"
],
[
"H001089",
"Sen. Hawley, Josh [R-MO]",
"cosponsor"
]
] |
<html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 959 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 959
To amend the Justice for Victims of Trafficking Act of 2015 to require
abortion providers to notify the National Human Trafficking Hotline of
victims of trafficking, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
March 23, 2023
Mr. Budd (for himself, Mr. Scott of Florida, Mr. Marshall, Mr. Risch,
Mr. Rubio, Mr. Lankford, Mrs. Hyde-Smith, and Mr. Hawley) introduced
the following bill; which was read twice and referred to the Committee
on the Judiciary
_______________________________________________________________________
A BILL
To amend the Justice for Victims of Trafficking Act of 2015 to require
abortion providers to notify the National Human Trafficking Hotline of
victims of trafficking, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Stopping Traffickers and Their
Accomplices Act of 2023''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) Slavery and involuntary servitude are incompatible with
the society and law of the United States.
(2) The 13th Amendment to the Constitution of the United
States abolished legal slavery and involuntary servitude in the
United States.
(3) Despite slavery being abolished in 1865, modern forms
of slavery still exist throughout the United States.
(4) Every year, hundreds of thousands of people of the
United States and immigrants are coerced into commercial sex
acts against their will.
(5) In addition to sexual exploitation, victims of
trafficking suffer repeated physical, mental, and emotional
abuse at the hands of their traffickers.
(6) Abortion providers and facilities aid sex traffickers
by turning a blind eye to the plight of abused women.
(7) The Department of State's 2017 Trafficking in Persons
Report indicated that sex traffickers coerce women into
receiving abortions against their will.
(8) Research conducted by Laura J. Lederer and Christopher
A. Wetzel entitled ``The Health Consequences of Sex Trafficking
and Their Implications for Identifying Victims in Healthcare
Facilities'' and published in the Annals of Health Law Journal
indicated that 71 percent of women coerced into commercial sex
acts reported at least 1 pregnancy, and 21 percent reported 5
or more pregnancies while being trafficked.
(9) Lederer and Wetzel's research found that almost a third
of trafficked women reported undergoing numerous abortions as
victims of trafficking. More than half of respondents answered
that their abortion while a victim of sex trafficking was a
result of coercion. One victim of sex trafficking recounted,
``[in most of my 6 abortions], I was under serious pressure
from my pimps to abort the babies''.
(10) A moral obligation exists to report suspected
instances of sex trafficking to authorities.
(11) Section 2 of the 13th Amendment to the Constitution of
the United States empowers Congress to enact appropriate
legislation to combat all forms of slavery and involuntary
servitude, including forced sex trafficking.
SEC. 3. COMBAT HUMAN TRAFFICKING.
Section 114 of the Justice for Victims of Trafficking Act of 2015
(34 U.S.C. 20709) is amended by adding at the end the following:
``(g) National Human Trafficking Hotline Notification by Abortion
Providers.--
``(1) Definitions.--In this subsection:
``(A) Abortion provider.--The term `abortion
provider' means a person who performs an abortion,
including by providing to a pregnant woman a drug that
induces abortion.
``(B) Victim of trafficking.--The term `victim of
trafficking' has the meaning given the term in section
103 of the Trafficking Victims Protection Act of 2000
(22 U.S.C. 7102).
``(2) Requirement.--
``(A) Notification to national human trafficking
hotline.--Not later than 24 hours after consulting with
a patient, an abortion provider shall notify the
National Human Trafficking Hotline if the provider has
a reasonable suspicion that the patient is a victim of
trafficking.
``(B) Report to attorney general and local law
enforcement.--
``(i) Notification to attorney general.--
Not later than 24 hours after an abortion
provider notifies the national human
trafficking hotline under subparagraph (A), the
Secretary of Health and Human Services shall
notify the Attorney General of the
notification.
``(ii) Notification to law enforcement
agencies.--Not later than 24 hours after
receipt of a notification from the Secretary of
Health and Human Services under clause (i), the
Attorney General shall notify the appropriate
State and local law enforcement agencies.
``(C) Penalty.--An abortion provider who violates
subparagraph (A) shall be fined $10,000 for each
violation, imprisoned not more than 6 months, or both.
``(3) Training.--
``(A) Availability.--The Secretary of Health and
Human Services shall make available to abortion
providers the training entitled `Foundational (101)
Human Trafficking Trainings--SOAR For Health Care' (or
any substantially similar successor training).
``(B) Requirement.--On an annual basis and not
later than January 30 of each year, each abortion
provider shall--
``(i) require each employee of the abortion
provider to complete the training provided
under subparagraph (A);
``(ii) submit to the Director of the Office
on Trafficking in Persons of the Department of
Health and Human Services a certification of
the completion of the training required under
clause (i); and
``(iii) include in the certification
required under clause (ii) the protocols that
the abortion provider has in place to identify
and assist victims of trafficking.
``(C) Penalty.--An abortion provider who fails to
comply with subparagraph (B) shall be subject to a fine
in an amount of $1,000 for each day of noncompliance.
``(4) State enforcement.--
``(A) In general.--In any case in which the
attorney general of a State has reason to believe that
an interest of the residents of the State has been or
is threatened or adversely affected by an action of an
abortion provider that violates this subsection, the
attorney general of the State may, as parens patriae,
bring a civil action on behalf of the residents of the
State in an appropriate district court of the United
States.
``(B) Jurisdiction.--The attorney general of a
State may bring a civil action under subparagraph (A)
against any abortion provider that violates paragraph
(2)(A) or (3)(B) within that State.
``(C) Relief.--In a civil action under subparagraph
(A), the court may fine an abortion provider--
``(i) in the case of a violation of
paragraph (2)(A), $10,000 for each violation;
and
``(ii) in the case of a violation of
paragraph (3)(B), $1,000 for each day during
which the abortion provider is in violation of
that paragraph.
``(5) Rules of construction.--
``(A) No requirement for victims of trafficking to
self-report.--Nothing in this subsection may be
construed to require a victim of trafficking to self-
report.
``(B) No right to abortion.--Nothing in this
subsection may be construed to provide a right to an
abortion.''.
<all>
</pre></body></html>
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118S96
|
Justice for Black Farmers Act of 2023
|
[
[
"B001288",
"Sen. Booker, Cory A. [D-NJ]",
"sponsor"
],
[
"W000817",
"Sen. Warren, Elizabeth [D-MA]",
"cosponsor"
],
[
"G000555",
"Sen. Gillibrand, Kirsten E. [D-NY]",
"cosponsor"
],
[
"S001203",
"Sen. Smith, Tina [D-MN]",
"cosponsor"
],
[
"W000790",
"Sen. Warnock, Raphael G. [D-GA]",
"cosponsor"
],
[
"S000033",
"Sen. Sanders, Bernard [I-VT]",
"cosponsor"
],
[
"B001277",
"Sen. Blumenthal, Richard [D-CT]",
"cosponsor"
],
[
"M001176",
"Sen. Merkley, Jeff [D-OR]",
"cosponsor"
]
] |
<p><strong>Justice for Black Farmers Act of 202</strong><b>3</b></p> <p>This bill directs the Department of Agriculture (USDA) to provide a variety of assistance to address historical discrimination and disparities in the agricultural sector. </p> <p>For example, the bill establishes an equity commission in USDA to examine discrimination by the agency against Black farmers and ranchers and recommend actions to end the systematic disparities in the treatment of Black farmers and ranchers.</p> <p>USDA must also establish a Farm Conservation Corps to provide young adults who are from socially disadvantaged groups with the skills necessary to pursue careers in farming and ranching.</p> <p>The bill provides funding for historically Black colleges and universities to commence and expand courses of study that are focused on careers in agriculture or related disciplines. The bill also increases the authorization of appropriations for a program to resolve issues relating to ownership and succession on farmland. Additionally, it expands credit assistance for socially disadvantaged farmers and ranchers.</p> <p>Further, the bill (1) establishes that a minimum of 50% of a covered packer's (not including a packer that owns only one livestock processing plant) daily volume of livestock slaughter must be purchased through spot market sales from nonaffiliated producers; (2) increases funding for the Local Agriculture Market Program; and (3) gives priority to socially disadvantaged farmers and ranchers for conservation technical assistance, the Conservation Stewardship Program, and the Rural Energy for America Program. </p>
|
<html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 96 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 96
To address the history of discrimination against Black farmers and
ranchers, to require reforms within the Department of Agriculture to
prevent future discrimination, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
January 26, 2023
Mr. Booker (for himself, Ms. Warren, Mrs. Gillibrand, Ms. Smith, Mr.
Warnock, Mr. Sanders, and Mr. Blumenthal) introduced the following
bill; which was read twice and referred to the Committee on
Agriculture, Nutrition, and Forestry
_______________________________________________________________________
A BILL
To address the history of discrimination against Black farmers and
ranchers, to require reforms within the Department of Agriculture to
prevent future discrimination, and for other 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 ``Justice for Black
Farmers Act of 2023''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
TITLE I--DEPARTMENT OF AGRICULTURE CIVIL RIGHTS REFORMS
Sec. 101. Definitions.
Sec. 102. Independent Civil Rights Oversight Board.
Sec. 103. Equity Commission.
Sec. 104. Office of the Assistant Secretary for Civil Rights reforms.
Sec. 105. Data collection and reporting.
TITLE II--BLACK FARMER LAND GRANTS
Sec. 201. Definitions.
Sec. 202. Establishment of the Under Secretary of Agriculture for
Equitable Land Access and the Equitable
Land Access Service.
Sec. 203. Provision of land grants.
Sec. 204. Identification of land.
Sec. 205. Restrictions on conveyed land.
Sec. 206. Eligibility for assistance.
Sec. 207. Completion of farmer training program and succession
planning.
Sec. 208. Grants for qualified entities.
Sec. 209. Farm Conservation Corps.
Sec. 210. Annual report to Congress.
TITLE III--FUNDING FOR HISTORICALLY BLACK COLLEGES AND UNIVERSITIES
Sec. 301. Funding for historically Black colleges and universities.
Sec. 302. USDA/1890 National Scholars Program.
TITLE IV--LAND RETENTION AND CREDIT ASSISTANCE
Sec. 401. Protections for land ownership.
Sec. 402. Access to credit for socially disadvantaged farmers and
ranchers.
Sec. 403. Additional credit assistance.
Sec. 404. Foreclosure moratorium.
TITLE V--AGRICULTURAL SYSTEM REFORMS
Subtitle A--Amendments to Packers and Stockyards Act, 1921
Sec. 501. Definitions.
Sec. 502. Unlawful practices.
Sec. 503. Spot market purchases of livestock by packers.
Sec. 504. Investigation of live poultry dealers.
Sec. 505. Award of attorney fees.
Sec. 506. Technical amendments.
Subtitle B--Local Agriculture Market Program
Sec. 511. Local Agriculture Market Program.
Subtitle C--Conservation and Renewable Energy Programs
Sec. 521. Conservation technical assistance.
Sec. 522. Conservation Stewardship Program.
Sec. 523. Rural Energy for America Program.
Sec. 524. Conservation and renewable energy programs priority.
SEC. 2. DEFINITIONS.
In this Act:
(1) Secretary.--The term ``Secretary'' means the Secretary
of Agriculture.
(2) Socially disadvantaged farmer or rancher.--The term
``socially disadvantaged farmer or rancher'' means a farmer or
rancher who is a member of a socially disadvantaged group.
(3) Socially disadvantaged group.--The term ``socially
disadvantaged group'' means a group whose members have been
subjected to racial or ethnic prejudice because of their
identity as members of a group without regard to their
individual qualities.
TITLE I--DEPARTMENT OF AGRICULTURE CIVIL RIGHTS REFORMS
SEC. 101. DEFINITIONS.
In this title:
(1) Assistant secretary.--The term ``Assistant Secretary''
means the Assistant Secretary of Agriculture for Civil Rights.
(2) Board.--The term ``Board'' means the Department of
Agriculture Civil Rights Oversight Board established by section
102(a).
(3) Commission.--The term ``Commission'' means the Equity
Commission established by section 103(a)(1).
(4) Office.--The term ``Office'' means the Office of the
Assistant Secretary.
SEC. 102. INDEPENDENT CIVIL RIGHTS OVERSIGHT BOARD.
(a) In General.--There is established in the Department of
Agriculture an independent board, to be known as the ``Department of
Agriculture Civil Rights Oversight Board''--
(1) to oversee the Office; and
(2) to protect the rights of individuals who seek to file,
or do file, a discrimination complaint with the Office.
(b) Duties.--The Board shall--
(1)(A) conduct a de novo review with fact finding power,
including notice and opportunity for a hearing, of any appeal
of a decision made by the Office, including any appeal of a
dismissal of a complaint; and
(B) issue a written decision within 180 days of receipt of
an appeal or dismissal described in subparagraph (A);
(2) investigate reports of discrimination within the
Department of Agriculture, make findings of fact and
conclusions of law in accordance with the findings, and
recommend to the Secretary appropriate actions relative to
specific findings;
(3) recommend improvements to Department of Agriculture
policies and procedures to address patterns and practices of
discrimination and to prevent further discrimination;
(4) conduct regular reviews to assess the compliance of the
Office with civil rights, fair employment, and pay equity laws
and policies applicable to the Office;
(5) provide oversight over Farm Service Agency county
committees;
(6)(A) assess the progress made by the programs and
policies established under this Act and the amendments made by
this Act; and
(B) submit recommendations for improvements to those
programs or policies to the Secretary; and
(7)(A) prepare an annual report on the status of socially
disadvantaged farmers and ranchers and the treatment of
socially disadvantaged farmers and ranchers by the Department
of Agriculture;
(B) make each report prepared under subparagraph (A)
publicly available; and
(C) submit each report prepared under subparagraph (A) to
the Attorney General.
(c) Authorization of Appropriations.--There are authorized to be
appropriated for each of fiscal years 2023 through 2032 such sums as
are necessary to carry out this section.
SEC. 103. EQUITY COMMISSION.
(a) Establishment.--
(1) In general.--There is established in the Department of
Agriculture the Equity Commission, the purposes of which are--
(A) to study historical and continuing
discrimination by the Department of Agriculture against
Black farmers and ranchers that is fostered or
perpetuated by the laws, policies, or practices of the
Department of Agriculture; and
(B) to recommend actions to end the systematic
disparities in treatment of Black farmers and ranchers,
particularly by the Department of Agriculture.
(2) Membership.--
(A) Composition.--The Commission shall be composed
of 9 members, to be appointed by the Secretary, of
whom--
(i) 3 shall be Black farmers or ranchers
with not less than 10 years of experience in
farming or ranching;
(ii) 3 shall be employees or board members
of nonprofit organizations that have not less
than 7 years of experience providing meaningful
agricultural, business assistance, legal
assistance, or advocacy services to Black
farmers or ranchers; and
(iii) 3 shall be faculty or staff from 1890
Institutions (as defined in section 2 of the
Agricultural Research, Extension, and Education
Reform Act of 1998 (7 U.S.C. 7601)) or the
University of the District of Columbia.
(B) Date.--The appointments of the members of the
Commission shall be made not later than 90 days after
the date of enactment of this Act.
(3) Period of appointment; vacancies.--
(A) In general.--A member of the Commission shall
be appointed for the life of the Commission.
(B) Vacancies.--A vacancy in the Commission--
(i) shall not affect the powers of the
Commission; and
(ii) shall be filled in the same manner as
the original appointment.
(4) Meetings.--
(A) Initial meeting.--Not later than 30 days after
the date on which all members of the Commission have
been appointed, the Commission shall hold the first
meeting of the Commission.
(B) Frequency.--The Commission shall meet at the
call of the Chairperson.
(C) Quorum.--A majority of the members of the
Commission shall constitute a quorum, but a lesser
number of members may hold hearings.
(5) Chairperson and vice chairperson.--The Commission shall
select a Chairperson and Vice Chairperson from among the
members of the Commission.
(b) Duties of the Commission.--
(1) Study.--The Commission shall study discrimination
against Black farmers and ranchers by the Department of
Agriculture, including by conducting investigations of--
(A) the prevalence of discrimination against Black
farmers and ranchers in Department of Agriculture
agencies and programs, including Farm Service Agency
county committees; and
(B) the status of claimants who filed for relief
under the settlement agreement and consent decree in
Pigford v. Glickman, 185 F.R.D. 82 (D.D.C. 1999) or the
settlement agreement in In re Black Farmers
Discrimination Litigation, Misc. No. 08-mc-0511 (PLF),
with a particular focus on the status of claimants who
did not receive payments.
(2) Recommendations.--The Commission shall develop
recommendations for--
(A) ending the systematic disparities in treatment
of Black farmers and ranchers, particularly by the
Department of Agriculture;
(B) improving the structure of Farm Service Agency
county committees to better serve socially
disadvantaged farmers and ranchers, including, if
necessary, recommending the elimination and replacement
of those committees; and
(C) addressing any mishandling of payments
identified through studying the matters under paragraph
(1)(B).
(3) Outreach.--In studying the matters under paragraph (1)
and developing recommendations under paragraph (2), the
Commission shall--
(A) consult with the Socially Disadvantaged Farmers
and Ranchers Policy Research Center; and
(B) hold town hall meetings with socially
disadvantaged farmers and ranchers, researchers, and
civil rights advocates.
(4) Report.--Not later than 2 years after the date of
enactment of this Act, the Commission shall make publicly
available a detailed report that describes--
(A) the findings of the study under paragraph (1);
and
(B) the recommendations developed under paragraph
(2).
(c) Powers of Commission.--
(1) Hearings.--The Commission shall hold open, televised,
and public hearings, during which the Commission may sit and
act at such times and places, take such testimony, and receive
such evidence as the Commission considers advisable to carry
out this section.
(2) Information from federal agencies.--
(A) In general.--The Commission may secure directly
from a Federal department or agency such information as
the Commission considers necessary to carry out this
section.
(B) Furnishing information.--On request of the
Chairperson of the Commission, the head of the
department or agency shall furnish the information to
the Commission.
(3) Postal services.--The Commission may use the United
States mails in the same manner and under the same conditions
as other departments and agencies of the Federal Government.
(4) Gifts.--The Commission may accept, use, and dispose of
gifts or donations of services or property.
(d) Commission Personnel Matters.--
(1) Compensation of members.--A member of the Commission
who is not an officer or employee of the Federal Government
shall be compensated at a rate equal to the daily equivalent of
the annual rate of basic pay prescribed for level IV of the
Executive Schedule under section 5315 of title 5, United States
Code, for each day (including travel time) during which the
member is engaged in the performance of the duties of the
Commission.
(2) Travel expenses.--A member of the Commission shall be
allowed travel expenses, including per diem in lieu of
subsistence, at rates authorized for employees of agencies
under subchapter I of chapter 57 of title 5, United States
Code, while away from their homes or regular places of business
in the performance of services for the Commission.
(3) Staff.--
(A) In general.--The Chairperson of the Commission
may, without regard to the civil service laws
(including regulations), appoint and terminate an
executive director and such other additional personnel
as may be necessary to enable the Commission to perform
its duties, except that the employment of an executive
director shall be subject to confirmation by the
Commission.
(B) Compensation.--The Chairperson of the
Commission may fix the compensation of the executive
director and other personnel without regard to chapter
51 and subchapter III of chapter 53 of title 5, United
States Code, relating to classification of positions
and General Schedule pay rates, except that the rate of
pay for the executive director and other personnel may
not exceed the rate payable for level V of the
Executive Schedule under section 5316 of that title.
(4) Detail of government employees.--A Federal Government
employee may be detailed to the Commission without
reimbursement, and such detail shall be without interruption or
loss of civil service status or privilege.
(5) Procurement of temporary and intermittent services.--
The Chairperson of the Commission may procure temporary and
intermittent services under section 3109(b) of title 5, United
States Code, at rates for individuals that do not exceed the
daily equivalent of the annual rate of basic pay prescribed for
level V of the Executive Schedule under section 5316 of that
title.
(e) Termination of Commission.--The Commission shall terminate on
the date that is 30 days after the date on which the Commission makes
publicly available the report under subsection (b)(4).
(f) Authorization of Appropriations.--There are authorized to be
appropriated for each of fiscal years 2023 through 2032 such sums as
are necessary to carry out this section.
SEC. 104. OFFICE OF THE ASSISTANT SECRETARY FOR CIVIL RIGHTS REFORMS.
(a) Ombudsman.--The Secretary shall establish in the Department of
Agriculture a position of Civil Rights Ombudsman--
(1) to assist individuals in navigating Office programs;
and
(2) to provide recommendations to the Secretary for grants
provided under subsection (g).
(b) Deadline for Decisions.--Not later than 180 days after the date
on which the Office receives a civil rights complaint, the Assistant
Secretary shall make a final decision of the Assistant Secretary
regarding the merit of the complaint and the appropriate disposition of
the matter.
(c) Appeals to Board.--
(1) In general.--A person that receives an adverse decision
or dismissal by the Office on a civil rights complaint filed by
the person may appeal the decision or dismissal to the Board
for a final decision.
(2) Deadline.--An appeal under paragraph (1) shall be filed
not later than 1 year after the date of the adverse decision or
dismissal described in that paragraph.
(3) Effect of board decision.--A decision of the Board on
an appeal filed under paragraph (1), or a dismissal of such an
appeal for lack of jurisdiction, shall constitute exhaustion of
administrative remedies and be reviewable in Federal court.
(d) Moratorium on Foreclosures.--The Secretary shall not take any
action on a foreclosure proceeding against any farmer or rancher during
any period that a civil rights complaint filed by the farmer or rancher
with the Office is outstanding, including an appeal to the Board under
subsection (c)(1).
(e) Reports.--The Assistant Secretary shall--
(1) publish on the website of the Office and submit to the
Board a report of each civil rights complaint filed with the
Office and the results of each such complaint; and
(2) include in each report described in paragraph (1) a
description of the race, ethnicity, gender, and geographic
region of the complainant.
(f) Prohibition on Interference by the Office of the General
Counsel.--The Office of General Counsel of the Department of
Agriculture shall not have any involvement with the investigation,
adjudication, or resolution of any civil rights complaint brought
against the Secretary.
(g) Grants.--
(1) In general.--The Secretary, based on recommendations
from the Civil Rights Ombudsman, shall provide grants to
community-based organizations and advocates with a history of
working with socially disadvantaged farmers and ranchers to
provide technical assistance to farmers and ranchers seeking to
file a civil rights complaint with the Office.
(2) Funding.--There is authorized to be appropriated, and
there is appropriated, out of amounts in the Treasury not
otherwise appropriated, $50,000,000 for each of fiscal years
2023 through 2032 to carry out this subsection.
(h) Direct Reporting to the Secretary of Agriculture.--Section
218(c) of the Department of Agriculture Reorganization Act of 1994 (7
U.S.C. 6918(c)) is amended--
(1) in the subsection heading, by striking ``Duties of'';
(2) by redesignating paragraphs (1) through (3) as
subparagraphs (A) through (C), respectively, and indenting
appropriately;
(3) in the matter preceding subparagraph (A) (as so
redesignated), by striking ``The Secretary'' and inserting the
following:
``(1) Duties.--The Secretary''; and
(4) by adding at the end the following:
``(2) Direct reporting to the secretary.--If the Secretary
establishes the position of Assistant Secretary for Civil
Rights under subsection (a)(3), the Assistant Secretary for
Civil Rights shall report directly to the Secretary.''.
(i) Authorization of Appropriations.--In addition to amounts made
available under subsection (g)(2), there are authorized to be
appropriated for each of fiscal years 2023 through 2032 such sums as
are necessary to carry out this section and the amendments made by this
section.
SEC. 105. DATA COLLECTION AND REPORTING.
(a) In General.--The Secretary shall make publicly available annual
reports describing data on the recipients of Department of Agriculture
assistance, including assistance from farm subsidy programs, and the
amounts of the assistance, delineated by the race, ethnicity, and
gender of the recipients.
(b) ERS Research of Socially Disadvantaged Farmers and Ranchers.--
The Secretary, acting through the Administrator of the Economic
Research Service, shall conduct research on the status of socially
disadvantaged farmers and ranchers, including--
(1) the share of land ownership of those socially
disadvantaged farmers and ranchers as compared to all farmers
and ranchers, delineated by the race, ethnicity, and gender of
the landowners;
(2) the share of the amount of assistance those socially
disadvantaged farmers and ranchers receive from the Department
of Agriculture as compared to all farmers and ranchers,
delineated by the race, ethnicity, and gender of the
recipients;
(3) the share, status, and receipt of Farm Credit System
loans by socially disadvantaged farmers and ranchers as
compared to all farmers and ranchers, delineated by the race,
ethnicity, and gender of the recipients; and
(4) an assessment of the reasons for disparities in land
ownership, assistance from the Department of Agriculture, and
Farm Credit System loans for socially disadvantaged farmers and
ranchers compared to all farmers and ranchers.
(c) ERS Research of Farmworkers.--The Secretary, acting through the
Administrator of the Economic Research Service, shall conduct research
on the demographics and status of farmworkers, including--
(1) the races, ethnicities, ages, localities, wages and
benefits, and working conditions of farmworkers;
(2) the economic contributions of farmworkers to the United
States economy; and
(3) satisfaction of farmworkers with their employment.
(d) Census of Agriculture.--The Secretary, acting through the
Administrator of the National Agricultural Statistics Service, shall--
(1) investigate historical changes in reporting methodology
and misreporting of Black farmers and ranchers in the census of
agriculture;
(2) develop procedures to ensure that census of agriculture
surveys accurately capture the status of socially disadvantaged
farmers and ranchers engaged in urban agriculture; and
(3) conduct, concurrently with each census of agriculture,
a review to assess--
(A) the outreach and methodologies used in
conducting the census of agriculture; and
(B) how such outreach and methodologies have
affected the counting of socially disadvantaged farmers
and ranchers.
(e) Corporate Ownership of Farmland.--The Secretary shall annually
conduct, and annually make publicly available reports describing, in-
depth research and analysis of corporate (domestic and foreign) land
investment and ownership in the United States, with specific attention
given to the impact of corporate land investment and ownership on--
(1) land consolidation trends in the United States;
(2) challenges and opportunities for new and beginning
farmers and ranchers accessing land for farming or ranching;
(3) challenges and opportunities for members of socially
disadvantaged groups accessing land for farming or ranching;
and
(4) crop selection and production trends.
(f) Funding.--There is authorized to be appropriated, and there is
appropriated, out of amounts in the Treasury not otherwise
appropriated, $10,000,000 for each of fiscal years 2023 through 2032 to
carry out this section.
TITLE II--BLACK FARMER LAND GRANTS
SEC. 201. DEFINITIONS.
In this title:
(1) Animal feeding operation.--The term ``animal feeding
operation'' means a lot or facility at which--
(A) for not less than a total of 45 days in any 12-
month period, animals (other than aquatic animals)
are--
(i) stabled or confined; and
(ii) fed or maintained; and
(B) crops, vegetation, forage growth, or
postharvest residues are not sustained in the normal
growing season over any portion of the lot or facility.
(2) Eligible black individual.--The term ``eligible Black
individual'' means a person who--
(A) was born in the United States;
(B) is at least 21 years of age;
(C) has previously identified as Black or African
American; and
(D) has at least 1 parent of African ancestry.
(3) Farmer training.--The term ``farmer training'' means a
program that--
(A) provides eligible Black individuals and other
enrollees with the basic skills to operate a farm or
ranch profitably with a primary focus on regenerating
the soil, ecosystem, and local community;
(B) provides a course of study that is equivalent
to not less than 30 academic credit hours of study,
which may be provided as direct in-field instruction;
(C) is approved by the Undersecretary of the
Equitable Land Access Service as an authorized program
to meet the farmer training program requirement under
section 207(a) for recipients of land grants under
section 203(a)(2);
(D) focuses training on low-capital-intensive
techniques and technologies; and
(E) includes a robust study of local and regional
food systems and the market opportunities those systems
present.
(4) Qualified entity.--The term ``qualified entity''
means--
(A) an organization--
(i)(I) described in section 501(c)(3) of
the Internal Revenue Code of 1986 and exempt
from taxation under 501(a) of that Code; or
(II) that has a fiscal sponsor that is an
organization described in subclause (I);
(ii) that has not less than 3 years of
experience providing meaningful agricultural,
business assistance, legal assistance, or
advocacy services to Black farmers or ranchers;
and
(iii) at least 50 percent of the members of
the board of directors of which are Black; and
(B) an 1890 Institution (as defined in section 2 of
the Agricultural Research, Extension, and Education
Reform Act of 1998 (7 U.S.C. 7601)), including the
University of the District of Columbia.
(5) Secretary.--The term ``Secretary'' means the Secretary,
acting through the Under Secretary of Agriculture for Equitable
Land Access.
SEC. 202. ESTABLISHMENT OF THE UNDER SECRETARY OF AGRICULTURE FOR
EQUITABLE LAND ACCESS AND THE EQUITABLE LAND ACCESS
SERVICE.
(a) Establishment.--The Department of Agriculture Reorganization
Act of 1994 (7 U.S.C. 6901 et seq.) is amended by adding at the end the
following:
``Subtitle L--Equitable Land Access
``SEC. 297. UNDER SECRETARY OF AGRICULTURE FOR EQUITABLE LAND ACCESS.
``(a) In General.--The Secretary shall establish in the Department
the position of Under Secretary of Agriculture for Equitable Land
Access.
``(b) Confirmation Required.--The Under Secretary of Agriculture
for Equitable Land Access shall be appointed by the President, by and
with the advice and consent of the Senate.
``(c) Functions.--The Secretary shall delegate to the Under
Secretary of Agriculture for Equitable Land Access the functions of the
Department carried out through the Equitable Land Access Service.
``SEC. 297A. EQUITABLE LAND ACCESS SERVICE.
``(a) Establishment.--There is established in the Department the
Equitable Land Access Service.
``(b) Under Secretary.--The Equitable Land Access Service shall be
headed by the Under Secretary of Agriculture for Equitable Land Access.
``(c) Functions.--The Secretary shall carry out through the
Equitable Land Access Service title II of the Justice for Black Farmers
Act of 2023.''.
(b) Technical and Conforming Amendments.--
(1) Subtitle A of the Department of Agriculture
Reorganization Act of 1994 is amended by redesignating section
225 (7 U.S.C. 6925) as section 224A.
(2) Section 296(b) of the Department of Agriculture
Reorganization Act of 1994 (7 U.S.C. 7014(b)) is amended by
adding at the end the following:
``(11) The authority of the Secretary to carry out the
amendments made to this Act by the Justice for Black Farmers
Act of 2023.''.
(3) Section 5314 of title 5, United States Code, is amended
by inserting after the item relating to the Under Secretary of
Agriculture for Marketing and Regulatory Programs the
following:
``Under Secretary of Agriculture for Equitable Land
Access.''.
SEC. 203. PROVISION OF LAND GRANTS.
(a) In General.--The Secretary shall--
(1) purchase from willing sellers, at a price not greater
than fair market value, available agricultural land in the
United States; and
(2) subject to section 205, convey grants of that land to
eligible Black individuals at no cost to the eligible Black
individuals.
(b) Requirement.--To the maximum extent practicable, if sufficient
applications are submitted by eligible Black individuals, the Secretary
shall convey not less than 20,000 land grants to eligible Black
individuals under subsection (a)(2) for each of fiscal years 2023
through 2032.
(c) Maximum Acreage.--A land grant to an eligible Black individual
under subsection (a)(2) shall be not more than 160 acres.
(d) Applications.--
(1) In general.--An eligible Black individual seeking a
land grant under subsection (a)(2) shall submit to the
Secretary an application at such time, in such manner, and
containing such information as the Secretary may require,
including a legal description of the land identified under
section 204 of which the eligible Black individual is seeking
the grant.
(2) Qualified entities.--
(A) In general.--A qualified entity that receives a
grant under section 208 may submit to the Secretary an
application under paragraph (1) on behalf of 1 or more
eligible Black individuals seeking a land grant under
subsection (a)(2).
(B) Applications to subdivide and convey.--If
applicable, an application submitted under subparagraph
(A) shall include a proposal for how the land will be
subdivided and conveyed separately to eligible Black
individuals as described in section 204(b).
(e) Priority.--The Secretary shall give priority to applications
submitted under subsection (c) for land grants to--
(1) eligible Black individuals who are currently farmers or
ranchers;
(2) eligible Black individuals with a family history of
land dispossession;
(3) eligible Black individuals with experience in
agriculture, including experience obtained through
participation in the Farm Conservation Corps established under
section 209; and
(4) eligible Black individuals who are veterans.
(f) Funding.--There is authorized to be appropriated, and there is
appropriated, out of amounts in the Treasury not otherwise
appropriated, $8,000,000,000 for each of fiscal years 2023 through 2032
to carry out this section.
SEC. 204. IDENTIFICATION OF LAND.
(a) In General.--The Secretary shall refer an eligible Black
individual seeking a land grant under section 203 to a qualified entity
that receives a grant under section 208 to assist the eligible Black
individual in identifying available agricultural land in the United
States that is suitable for purchase by the Secretary and conveyance to
the eligible Black individual under section 203.
(b) Subdivisions.--In carrying out subsection (a), a qualified
entity may assist eligible Black individuals in identifying land
described in that subsection that is suitable to be subdivided and
conveyed separately to multiple eligible Black individuals under
section 203.
SEC. 205. RESTRICTIONS ON CONVEYED LAND.
(a) In General.--Before conveying a land grant under section
203(a)(2), the Secretary shall attach to the land an easement requiring
that the land be--
(1) restricted in perpetuity for agricultural use, but with
an allowance for constructing or improving and maintaining 1
primary residence and housing for farmworkers on the land; and
(2) subject in perpetuity to the conservation requirements
that--
(A) an animal feeding operation may not be operated
on the land, with the exception that an animal feeding
operation with fewer than 299 animal units may be
operated during times of the year that outdoor access
is not possible due to weather conditions; and
(B) the land shall be subject to applicable highly
erodible land and wetland conservation requirements in
effect on the date of enactment of this Act under
subtitles B and C of title XII of the Food Security Act
of 1985 (16 U.S.C. 3811 et seq.).
(b) Right of Reentry.--
(1) In general.--A deed conveying a land grant under
section 203(a)(2) shall include a right of reentry for the
Secretary if the Secretary--
(A) determines, after giving notice and a
reasonable opportunity for a hearing, that a
requirement described in subsection (a) of an easement
attached to that land has been violated; and
(B) determines that the violation has not been
remedied within 60 days after the date of the
determination under subparagraph (A).
(2) Expiration.--The right of reentry described in
paragraph (1) shall expire on the date that is 5 years after
the date of conveyance.
(c) Right of First Refusal.--
(1) In general.--Beginning on the day after the expiration
date described in subsection (b)(2)--
(A) the recipient of the land grant may sell the
land; but
(B) the Secretary shall have a right of first
refusal to purchase the land at the appraised value of
the land.
(2) Delegation.--The Secretary may, on a case-by-case
basis, delegate the right of first refusal under paragraph
(1)(B) to a qualified entity that requests the delegation.
(d) Requirement.--If the Secretary purchases land under subsection
(c)(1)(B), the Secretary shall convey the land to another eligible
Black individual under section 203(a)(2).
SEC. 206. ELIGIBILITY FOR ASSISTANCE.
(a) Farm Operating Loans.--
(1) Eligible black individuals.--Beginning on the date of
conveyance of a land grant under section 203(a)(2), the
eligible Black individual that receives the land grant shall be
eligible for a direct operating loan under subtitle B of the
Consolidated Farm and Rural Development Act (7 U.S.C. 1941 et
seq.), notwithstanding any borrower eligibility requirements
under subparagraph (B) or (D) of section 311(a)(1) of that Act
(7 U.S.C. 1941(a)(1)) for such a loan.
(2) Socially disadvantaged farmers and ranchers.--During
the 5-year period beginning on the date of enactment of this
Act, any socially disadvantaged farmer or rancher shall be
eligible for a direct operating loan under subtitle B of the
Consolidated Farm and Rural Development Act (7 U.S.C. 1941 et
seq.), notwithstanding any borrower eligibility requirements
under subparagraph (B) or (D) of section 311(a)(1) of that Act
(7 U.S.C. 1941(a)(1)) for such a loan.
(3) Interest and deferment.--In the case of an operating
loan under paragraph (1) or (2)--
(A) the interest rate shall be zero percent for the
first 7 years of the term of the loan; and
(B) the Secretary of Agriculture shall defer
payments for the first 24 months.
(b) Single Family Home Mortgages.--Beginning on the date of
conveyance of a land grant under section 203(a)(2), the eligible Black
individual that receives the land grant shall be eligible for a direct
loan under section 502 of the Housing Act of 1949 (42 U.S.C. 1472),
notwithstanding any borrower eligibility requirements for such a loan,
for the construction or improvement of a single family home on the
conveyed land.
(c) Funding.--There are authorized to be appropriated such sums as
are necessary to carry out this section for each of fiscal years 2023
through 2032.
SEC. 207. COMPLETION OF FARMER TRAINING PROGRAM AND SUCCESSION
PLANNING.
(a) Required Training.--As a condition on the receipt of a land
grant under section 203(a)(2), any recipient who does not have at least
2 years of prior experience in agriculture shall be required to
complete, at no cost, a farmer training program established pursuant to
section 208(a)(4).
(b) Optional Training.--Any eligible Black individual who has at
least 2 years of prior experience in agriculture, and any socially
disadvantaged farmer or rancher, may complete, at no cost, a farmer
training program established pursuant to section 208(a)(4).
(c) Succession Planning.--As a condition on the receipt of a land
grant under section 203(a)(2), each recipient shall collaborate with a
qualified entity to develop a succession plan.
SEC. 208. GRANTS FOR QUALIFIED ENTITIES.
(a) In General.--The Secretary shall establish a program to provide
grants to qualified entities to use as operating amounts--
(1) to support eligible Black individuals in identifying
land under section 204, including developing proposals for how
land may be subdivided as described in subsection (b) of that
section;
(2) to support eligible Black individuals in acquiring that
land through a land grant under section 203(a)(2), including by
submitting applications on behalf of eligible Black individuals
under section 203(d)(2);
(3) to support eligible Black individuals in starting up
farm operations on that land;
(4) to provide eligible Black individuals and socially
disadvantaged farmers and ranchers with farmer training; and
(5) to provide other assistance, including legal advocacy,
succession planning, and support for the development of farmer
cooperatives, to eligible Black individuals and other Black
farmers and ranchers.
(b) Funding.--There is authorized to be appropriated, and there is
appropriated, out of amounts in the Treasury not otherwise
appropriated, $1,000,000,000 for each of fiscal years 2023 through 2032
to carry out this section.
SEC. 209. FARM CONSERVATION CORPS.
(a) In General.--The Secretary shall establish a civilian
conservation corps, to be known as the ``Farm Conservation Corps'' to
provide young adults ages 18 to 29 from socially disadvantaged groups
with the academic, vocational, and social skills necessary to pursue
long-term, productive careers in farming and ranching.
(b) Requirement.--To the maximum extent practicable, the Secretary
shall enroll not fewer than 20,000 young adults in the Farm
Conservation Corps pursuant to subsection (a) in each of fiscal years
2023 through 2032.
(c) Farmworker Services.--Members of the Farm Conservation Corps
shall serve as on-farm apprentices, at no cost, to--
(1) socially disadvantaged farmers and ranchers, the annual
gross farm income of whom is less than $250,000;
(2) beginning farmers and ranchers, the annual gross farm
income of whom is less than $250,000; and
(3) farmers and ranchers operating certified organic farms
(as defined in section 2103 of the Organic Foods Production Act
of 1990 (7 U.S.C. 6502)), the annual gross farm income of whom
is less than $250,000.
(d) Duration of Participation.--An individual shall serve in the
Farm Conservation Corps for not more than 2 years.
(e) Housing and Care.--The Secretary shall provide to each member
of the Farm Conservation Corps, for the duration of the participation--
(1) housing, subsistence, clothing, medical attention
(including hospitalization), and transportation; or
(2) a cash allowance sufficient for the applicable locality
to cover costs described in paragraph (1).
(f) Compensation.--Members of the Farm Conservation Corps shall be
paid for their services as a farmworker at a rate consistent with the
minimum wage applicable to a nonimmigrant described in section
101(a)(15)(H)(ii) of the Immigration and Nationality Act (8 U.S.C.
1101(a)(15)(H)(ii)) for services as a farmworker in the applicable
locality.
(g) Funding.--There is authorized to be appropriated, and there is
appropriated, out of amounts in the Treasury not otherwise
appropriated, $1,000,000,000 for each of fiscal years 2023 through 2032
to carry out this section.
SEC. 210. ANNUAL REPORT TO CONGRESS.
The Secretary shall submit to Congress and make publicly available
annual reports describing data on land grants under this title,
including--
(1) the number of land grants;
(2) the recipients of land grants;
(3) the total number of acres of land granted;
(4) the number of acres of land granted by county; and
(5) the types of new farming or ranching operations
established on the granted land.
TITLE III--FUNDING FOR HISTORICALLY BLACK COLLEGES AND UNIVERSITIES
SEC. 301. FUNDING FOR HISTORICALLY BLACK COLLEGES AND UNIVERSITIES.
(a) In General.--There is authorized to be appropriated, and there
is appropriated, out of amounts in the Treasury not otherwise
appropriated, $500,000,000 for fiscal year 2023 and each of the
succeeding 9 fiscal years for the Secretary of Education to provide
funding to part B institutions (as defined in section 322 of the Higher
Education Act of 1965 (20 U.S.C. 1061)).
(b) Use of Funding.--The funding provided by subsection (a) shall
be used by part B institutions described in that subsection--
(1)(A) to commence new courses of study and expand existing
courses of study focused on careers in agriculture,
agriculture-related fields, or other related disciplines; and
(B) to recruit students for those courses of study; and
(2) to commence research to further the study of--
(A) regenerative agricultural practices; and
(B) market opportunities for socially disadvantaged
farmers and ranchers.
SEC. 302. USDA/1890 NATIONAL SCHOLARS PROGRAM.
The National Agricultural Research, Extension, and Teaching Policy
Act of 1977 is amended by inserting after section 1446 (7 U.S.C. 3222a)
the following:
``SEC. 1446A. USDA/1890 NATIONAL SCHOLARS PROGRAM.
``(a) Definition of Program.--In this section, the term `program'
means the USDA/1890 National Scholars Program established by the
Secretary.
``(b) Authorization.--The Secretary shall continue to carry out the
program.
``(c) Funding.--There is authorized to be appropriated, and there
is appropriated, out of amounts in the Treasury not otherwise
appropriated, $20,000,000 for each fiscal year to carry out the
program.''.
TITLE IV--LAND RETENTION AND CREDIT ASSISTANCE
SEC. 401. PROTECTIONS FOR LAND OWNERSHIP.
(a) Relending Program To Resolve Ownership and Succession on
Farmland.--Section 310I(g) of the Consolidated Farm and Rural
Development Act (7 U.S.C. 1936c(g)) is amended by striking ``2023'' and
inserting ``2022 and $50,000,000 for fiscal year 2023''.
(b) Reports on Land Access and Farmland Ownership Data
Collection.--Section 12607(c) of the Agriculture Improvement Act of
2018 (7 U.S.C. 2204i(c)) is amended by striking ``each fiscal years
2019 through 2023'' and inserting ``each of fiscal years 2019 through
2022 and $10,000,000 for fiscal year 2023''.
(c) Family Farmer Income.--Section 101(18)(A) of title 11, United
States Code, is amended, in the matter preceding clause (i), by
striking ``50 percent'' and inserting ``30 percent''.
SEC. 402. ACCESS TO CREDIT FOR SOCIALLY DISADVANTAGED FARMERS AND
RANCHERS.
(a) National Socially Disadvantaged Farmer and Rancher Bank.--
(1) Definitions.--In this subsection--
(A) the term ``Bank'' means the National Socially
Disadvantaged Farmer and Rancher Bank established under
paragraph (2);
(B) the term ``community development financial
institution'' has the meaning given the term in section
103 of the Community Development Banking and Financial
Institutions Act of 1994 (12 U.S.C. 4702); and
(C) the term ``eligible entity'' means--
(i) a credit union, mutual savings bank, or
mutual savings and loan association--
(I) that--
(aa) is operated on a
cooperative, not-for-profit
basis; and
(bb) provides financial
services or facilities for the
benefit of--
(AA) the members of
the entity; or
(BB) voting
stockholders who are
the ultimate recipients
of those financial
services or facilities;
and
(II) not less than 60 percent of
the members or voting stockholders of
which are socially disadvantaged
farmers or ranchers; or
(ii) a not-for-profit community development
financial institution, if not less than 75
percent of the total dollar value of the loans
made by the institution consist of loans made
to socially disadvantaged farmers or ranchers.
(2) Establishment of bank.--
(A) In general.--Congress hereby creates and
charters a bank to be known as the National Socially
Disadvantaged Farmer and Rancher Bank, the sole mission
of which shall be to provide financing and other
assistance in accordance with the requirements of this
subsection.
(B) Board of directors.--
(i) In general.--The Bank shall be governed
by a Board of Directors--
(I) which shall consist of 13
members; and
(II) each member of which shall be
appointed by the President, by and with
the advice and consent of the Senate.
(ii) Term.--Each member of the Board of
Directors of the Bank shall serve for a term of
3 years.
(3) Lending authority.--
(A) In general.--The Bank may make loans and loan
guarantees to eligible entities.
(B) Terms.--With respect to a loan made by the Bank
to an eligible entity--
(i) the term of the loan shall be 30 years;
(ii) the interest rate with respect to the
loan shall be the interest rate on 30-year
Treasury bonds, as of the date on which the
loan is made; and
(iii) before the end of the term described
in clause (i), the eligible entity--
(I) shall not be required to make
any principal payments with respect to
the loan; and
(II) shall make interest payments
with respect to the loan.
(C) Condition of financing for certain eligible
entities.--With respect to a loan or loan guarantee
made under this paragraph to an eligible entity
described in paragraph (1)(C)(ii), the Bank, as a
condition of the financing, shall require the eligible
entity to ensure that, for the full term of the loan or
loan guarantee made by the Bank, not less than 75
percent of the total dollar value of the loans made by
the eligible entity consist of loans made to socially
disadvantaged farmers or ranchers.
(4) Grant program.--
(A) In general.--The Bank shall establish a program
through which the Bank may make a grant to assist--
(i) an entity in becoming an eligible
entity; or
(ii) an eligible entity with the
commencement or expansion of operations of the
eligible entity, including with respect to
outreach, education, and training activities.
(B) Grant amount.--The amount of a grant made under
the program established under subparagraph (A) shall be
not more than $3,000,000.
(C) First award.--The first grant made by the Bank
under the program established under subparagraph (A)
shall be to an entity, not less than 60 percent of the
members or stockholders of which are Black farmers or
ranchers.
(5) Technical assistance.--The Bank shall establish a
program to provide technical assistance to eligible entities,
including assistance in obtaining--
(A) approval from the National Credit Union
Administration Board under section 104 of the Federal
Credit Union Act (12 U.S.C. 1754); and
(B) certification from the Community Development
Financial Institutions Fund established under section
104(a) of the Community Development Banking and
Financial Institutions Act of 1994 (12 U.S.C. 4701 et
seq.).
(6) Funding.--
(A) In general.--There are appropriated to the
Bank, out of any amounts in the Treasury not otherwise
appropriated, $1,000,000,000 to carry out this
subsection--
(i) which shall remain available until
expended; and
(ii) of which--
(I) not less than $50,000,000 shall
be used to make grants under the
program established under paragraph
(4); and
(II) not less than $50,000,000
shall be used to provide technical
assistance under paragraph (5).
(B) Emergency designation.--
(i) In general.--The amounts provided under
this paragraph are designated as an emergency
requirement pursuant to section 4(g) of the
Statutory Pay-As-You-Go Act of 2010 (2 U.S.C.
933(g)).
(ii) Designation in senate.--In the Senate,
this subsection is designated as an emergency
requirement pursuant to section 4112(a) of H.
Con. Res. 71 (115th Congress), the concurrent
resolution on the budget for fiscal year 2018.
(b) CFPB Authority To Investigate Claims of Discrimination by Farm
Credit System Institutions.--Section 5.31 of the Farm Credit Act of
1971 (12 U.S.C. 2267) is amended--
(1) in the first sentence, by striking ``The Farm'' and
inserting the following:
``(a) In General.--Except as provided in subsection (b), the
Farm''; and
(2) by adding at the end the following:
``(b) Bureau of Consumer Financial Protection.--The Bureau of
Consumer Financial Protection shall have enforcement authority over
institutions and institution-affiliated parties with respect to claims
of discrimination.''.
(c) Establishment of Funding Goals.--The Secretary shall establish
goals for the funding of programs to address racial disparities in the
recipients of assistance provided by the Department of Agriculture,
including the programs under section 2501 of the Food, Agriculture,
Conservation, and Trade Act of 1990 (7 U.S.C. 2279), to ensure that
those programs directly support socially disadvantaged farmers and
ranchers.
(d) Public Awareness Campaigns.--
(1) In general.--The Secretary shall--
(A) conduct public awareness campaigns for socially
disadvantaged farmers and ranchers relating to programs
available for socially disadvantaged farmers and
ranchers through the Department of Agriculture; and
(B) use 50 percent of the amount made available
under paragraph (2) to provide funding for community
organizations with history of working with socially
disadvantaged farmers and ranchers to conduct
community-based outreach.
(2) Authorization of appropriations.--There is authorized
to be appropriated to carry out this subsection $50,000,000.
SEC. 403. ADDITIONAL CREDIT ASSISTANCE.
(a) Refinancing of Debt With Farm Loans.--
(1) Purposes of farm ownership loans.--Section 303(a)(1) of
the Consolidated Farm and Rural Development Act (7 U.S.C.
1923(a)(1)) is amended by striking subparagraph (E) and
inserting the following:
``(E) refinancing indebtedness.''.
(2) Purposes of operating loans.--Section 312(a) of the
Consolidated Farm and Rural Development Act (7 U.S.C. 1942(a))
is amended by striking paragraph (9) and inserting the
following:
``(9) refinancing the indebtedness of a borrower; or''.
(b) Removal of Eligibility Restriction Based on Previous Debt
Write-Down or Other Loss.--Section 373 of the Consolidated Farm and
Rural Development Act (7 U.S.C. 2008h) is amended--
(1) in subsection (b)--
(A) in paragraph (1), in the matter preceding
subparagraph (A), by inserting ``and subsection (d)''
after ``paragraph (2)''; and
(B) in paragraph (2)(A)--
(i) by striking clause (i);
(ii) in clause (ii), by striking ``chapters
11, 12, or 13 of Title 11 of the'' and
inserting ``chapter 11, 12, or 13 of title
11,''; and
(iii) by redesignating clauses (ii) and
(iii) as clauses (i) and (ii), respectively;
and
(2) by adding at the end the following:
``(d) Prohibition on Eligibility Restriction Based on Debt Write-
Down or Other Loss.--The Secretary shall not restrict the eligibility
of a borrower for a farm ownership or operating loan under subtitle A
or B based on a previous debt write-down or other loss to the
Secretary.''.
(c) Authorization for Loans.--Section 346(b)(1) of the Consolidated
Farm and Rural Development Act (7 U.S.C. 1994(b)(1)) is amended--
(1) in the matter preceding subparagraph (A), by striking
``$10,000,000,000 for each of fiscal years 2019 through 2023,
of which, for each fiscal year--'' and inserting
``$20,000,000,000 for fiscal year 2023, of which--''; and
(2) by striking subparagraphs (A) and (B) and inserting the
following:
``(A) $10,000,000,000 shall be for farm ownership
loans under subtitle A; and
``(B) $10,000,000,000 shall be for operating loans
under subtitle B.''.
(d) Loan Forgiveness for Settlements Applicants in Pigford I.--
(1) Definition of covered borrower.--In this subsection,
the term ``covered borrower'' means a Black farmer or rancher
that--
(A) submitted a claim under the settlement
agreement and consent decree in Pigford v. Glickman,
185 F.R.D. 82 (D.D.C. 1999); and
(B) as of the date of enactment of this Act, has
indebtedness on a loan made or guaranteed by the
Secretary.
(2) Loan forgiveness.--The Secretary shall--
(A) forgive the indebtedness of a covered borrower
on a loan made by the Secretary; and
(B) require a lender of a loan guaranteed by the
Secretary for a covered borrower to forgive the
indebtedness of that covered borrower on that loan.
(3) Reimbursement for payments and other funds seized.--The
Secretary shall provide to a covered borrower a payment equal
to the amount, if any, of payments of tax refunds, payments
under the old-age, survivors, and disability insurance benefits
program established under title II of the Social Security Act
(42 U.S.C. 401 et seq.), and any other funds of the covered
borrower that were seized after the date of the settlement
agreement and consent decree described in paragraph (1)(A) in
partial or full satisfaction of debt that, if the payments or
other funds had not been seized, would have been forgiven under
this subsection.
(4) Farmer grants.--The Secretary shall provide to a
covered borrower a grant equal to 30 percent of the amount of
the debt forgiven with respect to the covered borrower under
this subsection.
(e) Farm Service Agency Loan Eligibility for Heirs With Undivided
Property Ownership Interests.--Subtitle D of the Consolidated Farm and
Rural Development Act is amended by inserting after section 331F (7
U.S.C. 1981f) the following:
``SEC. 331G. ELIGIBILITY OF TENANTS IN COMMON FOR LOANS.
``Notwithstanding any other provision of law, a tenant in common
shall be eligible for a direct or guaranteed farm ownership loan under
subtitle A, a direct or guaranteed operating loan under subtitle B, or
a direct or guaranteed emergency loan under subtitle C if the tenant in
common submits to the Secretary an agreement--
``(1) entered into by each person that owns a property
interest in or to the applicable property; and
``(2) that includes--
``(A) clear identification of--
``(i) the owners of the property, as of the
date on which the agreement is submitted; and
``(ii) the percentages of ownership of each
owner described in clause (i);
``(B) identification of the property and a
description of the proposed use of the property;
``(C) a process for payment of expenses and
application and disbursement of any proceeds or profits
among the owners of the property;
``(D) appointment of a lead responsible person for
farm management;
``(E) a dispute resolution process; and
``(F) a buy-out provision that allows an heir of
the property to sell the property interest of the heir
in and to the property.''.
SEC. 404. FORECLOSURE MORATORIUM.
Effective during the period beginning on the date of enactment of
this Act and ending on the date that is 1 year after the date on which
the public health emergency declared by the Secretary of Health and
Human Services under section 319 of the Public Health Service Act (42
U.S.C. 247d) on January 31, 2020, with respect to COVID-19 (or any
successor declaration) is lifted, there shall be a moratorium on the
Department of Agriculture instituting or completing any foreclosure
action on a loan secured by a first or subordinate lien on real
property that includes a residence and farmland.
TITLE V--AGRICULTURAL SYSTEM REFORMS
Subtitle A--Amendments to Packers and Stockyards Act, 1921
SEC. 501. DEFINITIONS.
Section 2(a) of the Packers and Stockyards Act, 1921 (7 U.S.C.
182(a)) is amended--
(1) in paragraph (8), by striking ``for slaughter'' and all
that follows through ``of such poultry'' and inserting ``under
a poultry growing arrangement, regardless of whether the
poultry is owned by that person or another person'';
(2) in paragraph (9), by striking ``and cares for live
poultry for delivery, in accord with another's instructions,
for slaughter'' and inserting ``or cares for live poultry in
accordance with the instructions of another person'';
(3) in each of paragraphs (1) through (9), by striking the
semicolon at the end and inserting a period;
(4) in paragraph (10)--
(A) by striking ``for the purpose of either
slaughtering it or selling it for slaughter by
another''; and
(B) by striking ``; and'' at the end and inserting
a period; and
(5) by adding at the end the following:
``(15) Formula price.--
``(A) In general.--The term `formula price' means
any price term that establishes a base from which a
purchase price is calculated on the basis of a price
that will not be determined or reported until a date
that is after the date on which the forward price is
established.
``(B) Exclusion.--The term `formula price' does not
include--
``(i) any price term that establishes a
base from which a purchase price is calculated
on the basis of a futures market price; or
``(ii) any adjustment to the base for
quality, grade, or other factors relating to
the value of livestock or livestock products
that are readily verifiable market factors and
are outside the control of the packer.
``(16) Forward contract.--The term `forward contract' means
an oral or written contract for the purchase of livestock that
provides for the delivery of the livestock to a packer at a
date that is more than 7 days after the date on which the
contract is entered into, without regard to whether the
contract is for--
``(A) a specified lot of livestock; or
``(B) a specified number of livestock over a
certain period of time.''.
SEC. 502. UNLAWFUL PRACTICES.
(a) In General.--Section 202 of the Packers and Stockyards Act,
1921 (7 U.S.C. 192) is amended--
(1) by redesignating subsections (a) through (f) and (g) as
paragraphs (1) through (6) and (10), respectively, and
indenting appropriately;
(2) by striking the section designation and all that
follows through ``It shall be'' in the matter preceding
paragraph (1) (as so redesignated) and inserting the following:
``SEC. 202. UNLAWFUL ACTS.
``(a) In General.--It shall be'';
(3) in subsection (a)--
(A) in the matter preceding paragraph (1) (as so
redesignated), by striking ``to:'' and inserting ``to
do any of the following:'';
(B) in each of paragraphs (1) through (6) (as so
redesignated), by striking ``; or'' each place it
appears and inserting a period;
(C) in paragraph (6) (as so redesignated)--
(i) by striking ``(1)'' and inserting
``(A)'';
(ii) by striking ``(2)'' and inserting
``(B)''; and
(iii) by striking ``(3)'' and inserting
``(C)'';
(D) by inserting after paragraph (6) the following:
``(7) Use, in effectuating any sale of livestock, a forward
contract that--
``(A) does not contain a firm base price that may
be equated to a fixed dollar amount on the date on
which the forward contract is entered into;
``(B) is not offered for bid in an open, public
manner under which--
``(i) buyers and sellers have the
opportunity to participate in the bid;
``(ii) more than 1 blind bid is solicited;
and
``(iii) buyers and sellers may witness bids
that are made and accepted;
``(C) is based on a formula price; or
``(D) provides for the sale of livestock in a
quantity in excess of--
``(i) in the case of cattle, 40 cattle;
``(ii) in the case of swine, 30 swine; and
``(iii) in the case of another type of
livestock, a comparable quantity of that type
of livestock, as determined by the Secretary.
``(8) Own or feed livestock directly, through a subsidiary,
or through an arrangement that gives a packer operational,
managerial, or supervisory control over the livestock, or over
the farming operation that produces the livestock, to such an
extent that the producer of the livestock is not materially
participating in the management of the operation with respect
to the production of the livestock, except that this paragraph
shall not apply to--
``(A) an arrangement entered into not more than 7
business days before slaughter of the livestock by a
packer, a person acting through the packer, or a person
that directly or indirectly controls, or is controlled
by or under common control with, the packer;
``(B) a cooperative or entity owned by a
cooperative, if a majority of the ownership interest in
the cooperative is held by active cooperative members
that--
``(i) own, feed, or control the livestock;
and
``(ii) provide the livestock to the
cooperative for slaughter;
``(C) a packer that is not required to report to
the Secretary on each reporting day (as defined in
section 212 of the Agricultural Marketing Act of 1946
(7 U.S.C. 1635a)) information on the price and quantity
of livestock purchased by the packer; or
``(D) a packer that owns only 1 livestock
processing plant.
``(9) Take any action that adversely affects or is likely
to adversely affect competition, regardless of whether there is
a business justification for the action.''; and
(E) in paragraph (10) (as so redesignated), by
striking ``subdivision (a), (b), (c), (d), or (e)'' and
inserting ``paragraphs (1) through (9)''; and
(4) by adding at the end the following:
``(b) Unfair, Discriminatory, and Deceptive Practices and
Devices.--Acts by a packer, swine contractor, or live poultry dealer
that violate subsection (a)(1) include the following:
``(1) Refusal to provide, on the request of a livestock
producer, swine production contract grower, or poultry grower
with which the packer, swine contractor, or live poultry dealer
has a marketing or delivery contract, the relevant statistical
information and data used to determine the compensation paid to
the livestock producer, swine production contract grower, or
poultry grower, as applicable, under the contract, including--
``(A) feed conversion rates by house, lot, or pen;
``(B) feed analysis;
``(C) breeder history;
``(D) quality grade;
``(E) yield grade; and
``(F) delivery volume for any certified branding
program (such as programs for angus beef or certified
grassfed or Berkshire pork).
``(2) Conduct or action that limits or attempts to limit by
contract the legal rights and remedies of a livestock producer,
swine production contract grower, or poultry grower, including
the right--
``(A) to a trial by jury, unless the livestock
producer, swine production contract grower, or poultry
grower, as applicable, is voluntarily bound by an
arbitration provision in a contract;
``(B) to pursue all damages available under
applicable law; and
``(C) to seek an award of attorneys' fees, if
available under applicable law.
``(3) Termination of a poultry growing arrangement or swine
production contract with no basis other than an allegation that
the poultry grower or swine production contract grower failed
to comply with an applicable law, rule, or regulation.
``(4) A representation, omission, or practice that is
likely to mislead a livestock producer, swine production
contract grower, or poultry grower regarding a material
condition or term in a contract or business transaction.
``(c) Undue or Unreasonable Preferences, Advantages, Prejudices,
and Disadvantages.--
``(1) In general.--Acts by a packer, swine contractor, or
live poultry dealer that violate subsection (a)(2) include the
following:
``(A) A retaliatory action (including coercion or
intimidation) or the threat of retaliatory action--
``(i) in connection with the execution,
termination, extension, or renewal of a
contract or agreement with a livestock
producer, swine production contract grower, or
poultry grower aimed to discourage the exercise
of the rights of the livestock producer, swine
production contract grower, or poultry grower
under this Act or any other law; and
``(ii) in response to lawful communication
(including as described in paragraph (2)),
association, or assertion of rights by a
livestock producer, swine production contract
grower, or poultry grower.
``(B) Use of the tournament system for poultry as
described in paragraph (3).
``(2) Lawful communication described.--A lawful
communication referred to in paragraph (1)(A)(ii) includes--
``(A) a communication with officials of a Federal
agency or Members of Congress;
``(B) any lawful disclosure that demonstrates a
reasonable belief of a violation of this Act or any
other law; and
``(C) any other communication that assists in
carrying out the purposes of this Act.
``(3) Use of tournament system for poultry.--
``(A) In general.--Subject to subparagraph (B), a
live poultry dealer shall be in violation of subsection
(a)(2) if the live poultry dealer determines the
formula for calculating the pay of a poultry grower in
a tournament group by comparing the performance of the
birds of other poultry growers in the group using
factors outside the control of the poultry grower and
within the control of the live poultry dealer.
``(B) Exception.--Under subparagraph (A), a live
poultry dealer shall not be found in violation of
subsection (a)(2) if the live poultry dealer
demonstrates through clear and convincing evidence that
the inputs and services described in subparagraph (C)
that were used in the comparative evaluation were
substantially the same in quality, quantity, and
timing, as applicable, for all poultry growers in the
tournament group.
``(C) Inputs and services described.--The inputs
and services referred to in subparagraph (B) include,
with respect to poultry growers in the same tournament
group--
``(i) the quantity, breed, sex, and age of
chicks delivered to each poultry grower;
``(ii) the breed and age of the breeder
flock from which chicks are drawn for each
poultry grower;
``(iii) the quality, type (such as starter
feed), and quantity of feed delivered to each
poultry grower;
``(iv) the quality of and access to
medications for the birds of each poultry
grower;
``(v) the number of birds in a flock
delivered to each poultry grower;
``(vi) the timing of the pick-up of birds
for processing (including the age of the birds
and the number of days that the birds are in
the care of the poultry grower) for each
poultry grower;
``(vii) the death loss of birds during
pick-up, transport, and time spent at the
processing plant for each poultry grower;
``(viii) condemnations of parts of birds
due to actions in processing for each poultry
grower;
``(ix) condemnations of whole birds due to
the fault of the poultry grower;
``(x) the death loss of birds due to the
fault of the poultry grower;
``(xi) the stated reasons for the cause of
the death losses and condemnations described in
clauses (vii) through (x);
``(xii) the type and classification of each
poultry grower; and
``(xiii) any other input or service that
may have an impact on feed conversion to weight
gain efficiency or the life span of the birds
of each poultry grower.
``(d) Harm to Competition Not Required.--In determining whether an
act, device, or conduct is a violation under paragraph (1) or (2) of
subsection (a), a finding that the act, device, or conduct adversely
affected or is likely to adversely affect competition is not
required.''.
(b) Effective Date.--
(1) In general.--Subject to paragraph (2), paragraph (8) of
section 202(a) of the Packers and Stockyards Act, 1921 (7
U.S.C. 192) (as designated by subsection (a)(2)) shall take
effect on the date of enactment of this Act.
(2) Transition rules.--In the case of a packer that, on the
date of enactment of this Act, owns, feeds, or controls
livestock intended for slaughter in violation of paragraph (8)
of section 202(a) of the Packers and Stockyards Act, 1921 (7
U.S.C. 192) (as designated by subsection (a)(2)), that
paragraph shall take effect--
(A) in the case of a packer of swine, beginning on
the date that is 18 months after the date of enactment
of this Act; and
(B) in the case of a packer of any other type of
livestock, beginning not later than 180 days after the
date of enactment of this Act, as determined by the
Secretary.
SEC. 503. SPOT MARKET PURCHASES OF LIVESTOCK BY PACKERS.
The Packers and Stockyards Act, 1921, is amended by inserting after
section 202 (7 U.S.C. 192) the following:
``SEC. 202A. SPOT MARKET PURCHASES OF LIVESTOCK BY PACKERS.
``(a) Definitions.--In this section:
``(1) Covered packer.--
``(A) In general.--The term `covered packer' means
a packer that is required under subtitle B of the
Agricultural Marketing Act of 1946 (7 U.S.C. 1635 et
seq.) to report to the Secretary each reporting day
information on the price and quantity of livestock
purchased by the packer.
``(B) Exclusion.--The term `covered packer' does
not include a packer that owns only 1 livestock
processing plant.
``(2) Nonaffiliated producer.--The term `nonaffiliated
producer' means a producer of livestock--
``(A) that sells livestock to a packer;
``(B) that has less than 1 percent equity interest
in the packer;
``(C) that has no officers, directors, employees,
or owners that are officers, directors, employees, or
owners of the packer;
``(D) that has no fiduciary responsibility to the
packer; and
``(E) in which the packer has no equity interest.
``(3) Spot market sale.--
``(A) In general.--The term `spot market sale'
means a purchase and sale of livestock by a packer from
a producer--
``(i) under an agreement that specifies a
firm base price that may be equated with a
fixed dollar amount on the date the agreement
is entered into;
``(ii) under which the livestock are
slaughtered not more than 7 days after the date
on which the agreement is entered into; and
``(iii) under circumstances in which a
reasonable competitive bidding opportunity
exists on the date on which the agreement is
entered into.
``(B) Reasonable competitive bidding opportunity.--
For the purposes of subparagraph (A)(iii), a reasonable
competitive bidding opportunity shall be considered to
exist if--
``(i) no written or oral agreement
precludes the producer from soliciting or
receiving bids from other packers; and
``(ii) no circumstance, custom, or practice
exists that--
``(I) establishes the existence of
an implied contract (as determined in
accordance with the Uniform Commercial
Code); and
``(II) precludes the producer from
soliciting or receiving bids from other
packers.
``(b) General Rule.--Of the quantity of livestock that is
slaughtered by a covered packer during each reporting day in each
plant, the covered packer shall slaughter not less than the applicable
percentage specified in subsection (c) of the quantity through spot
market sales from nonaffiliated producers.
``(c) Applicable Percentages.--
``(1) In general.--Except as provided in paragraph (2), the
applicable percentage shall be 50 percent.
``(2) Exceptions.--In the case of a covered packer that
reported to the Secretary in the 2018 annual report that more
than 60 percent of the livestock of the covered packer were
committed procurement livestock, the applicable percentage
shall be the greater of--
``(A) the difference between the percentage of
committed procurement so reported and 100 percent; and
``(B)(i) during calendar year 2021, 20 percent;
``(ii) during each of calendar years 2022 and 2023,
30 percent; and
``(iii) during calendar year 2024 and each calendar
year thereafter, 50 percent.
``(d) Nonpreemption.--This section does not preempt any requirement
of a State or political subdivision of a State that requires a covered
packer to purchase on the spot market a greater percentage of the
livestock purchased by the covered packer than is required under this
section.''.
SEC. 504. INVESTIGATION OF LIVE POULTRY DEALERS.
(a) Administrative Enforcement Authority Over Live Poultry
Dealers.--Sections 203, 204, and 205 of the Packers and Stockyards Act,
1921 (7 U.S.C. 193, 194, 195) are amended by inserting ``, live poultry
dealer,'' after ``packer'' each place it appears.
(b) Authority To Request Temporary Injunction or Restraining
Order.--Section 408(a) of the Packers and Stockyards Act, 1921 (7
U.S.C. 228a(a)) is amended by inserting ``or poultry care'' after ``on
account of poultry''.
(c) Violations by Live Poultry Dealers.--Section 411 of the Packers
and Stockyards Act, 1921 (7 U.S.C. 228b-2) is amended--
(1) in subsection (a), in the first sentence, by striking
``any provision of section 207 or section 410 of''; and
(2) in subsection (b), in the first sentence, by striking
``any provisions of section 207 or section 410'' and inserting
``any provision''.
SEC. 505. AWARD OF ATTORNEY FEES.
Section 204 of the Packers and Stockyards Act, 1921 (7 U.S.C. 194)
is amended by adding at the end the following:
``(i) Attorney's Fee.--The court shall award a reasonable
attorney's fee as part of the costs to a prevailing plaintiff in a
civil action under this section.''.
SEC. 506. TECHNICAL AMENDMENTS.
(a) Section 203 of the Packers and Stockyards Act, 1921 (7 U.S.C.
193) is amended--
(1) in subsection (a), in the first sentence--
(A) by striking ``he shall cause'' and inserting
``the Secretary shall cause''; and
(B) by striking ``his charges'' and inserting ``the
charges'';
(2) in subsection (b), in the first sentence, by striking
``he shall make a report in writing in which he shall state his
findings'' and inserting ``the Secretary shall make a report in
writing in which the Secretary shall state the findings of the
Secretary''; and
(3) in subsection (c), by striking ``he'' and inserting
``the Secretary''.
(b) Section 204 of the Packers and Stockyards Act, 1921 (7 U.S.C.
194) is amended--
(1) in subsection (a), by striking ``he has his'' and
inserting ``the packer, live poultry dealer, or swine
contractor has the'';
(2) in subsection (c), by striking ``his officers,
directors, agents, and employees'' and inserting ``the
officers, directors, agents, and employees of the packer, live
poultry dealer, or swine packer'';
(3) in subsection (f), in the second sentence--
(A) by striking ``his findings'' and inserting
``the findings of the Secretary''; and
(B) by striking ``he'' and inserting ``the
Secretary''; and
(4) in subsection (g), by striking ``his officers,
directors, agents, and employees'' and inserting ``the
officers, directors, agents, and employees of the packer, live
poultry dealer, or swine packer''.
Subtitle B--Local Agriculture Market Program
SEC. 511. LOCAL AGRICULTURE MARKET PROGRAM.
Section 210A(i)(1) of the Agricultural Marketing Act of 1946 (7
U.S.C. 1627c(i)(1)) is amended by striking ``fiscal year 2019'' and
inserting ``each of fiscal years 2019 through 2022, and $500,000,000
for fiscal year 2023''.
Subtitle C--Conservation and Renewable Energy Programs
SEC. 521. CONSERVATION TECHNICAL ASSISTANCE.
Section 6 of the Soil Conservation and Domestic Allotment Act (16
U.S.C. 590f) is amended--
(1) by striking the section designation and heading and all
that follows through ``There is'' in subsection (a) and
inserting the following:
``SEC. 6. FUNDING; CONSERVATION TECHNICAL ASSISTANCE FUND.
``(a) Funding.--
``(1) Mandatory funding.--Of the funds of the Commodity
Credit Corporation, the Secretary of Agriculture shall use to
carry out this Act $2,100,000,000 for each fiscal year.
``(2) Authorization of appropriations.--There are''; and
(2) in the undesignated matter following paragraph (2) (as
so designated) of subsection (a), by striking
``Appropriations'' and inserting the following:
``(3) Availability of appropriations for nursery stock.--
Appropriations''.
SEC. 522. CONSERVATION STEWARDSHIP PROGRAM.
(a) Supplemental Payments for Climate Stewardship Practices.--
Section 1240L(d) of the Food Security Act of 1985 (16 U.S.C. 3839aa-
24(d)) is amended--
(1) in the subsection heading, by striking ``Rotations and
Advanced Grazing Management'' and inserting ``Rotations,
Advanced Grazing Management, and Climate Stewardship
Practices'';
(2) in paragraph (1)--
(A) by redesignating subparagraphs (B) and (C) as
subparagraphs (C) and (D), respectively; and
(B) by inserting after subparagraph (A) the
following:
``(B) Climate stewardship practice.--The term
`climate stewardship practice' means any of the
following practices:
``(i) Alley cropping.
``(ii) Biochar incorporation.
``(iii) Conservation cover.
``(iv) Conservation crop rotation.
``(v) Contour buffer strips.
``(vi) Contour farming.
``(vii) Cover crops.
``(viii) Critical area planting.
``(ix) Cross wind trap strips.
``(x) Field borders.
``(xi) Filter strips.
``(xii) Forage and biomass planting,
including the use of native prairie seed
mixtures.
``(xiii) Forest stand improvements.
``(xiv) Grassed waterways.
``(xv) Hedgerow planting.
``(xvi) Herbaceous wind barriers.
``(xvii) Multistory cropping.
``(xviii) Nutrient management, including
nitrogen stewardship activities.
``(xix) Prescribed grazing.
``(xx) Range planting.
``(xxi) Residue and tillage management with
no till.
``(xxii) Residue and tillage management
with reduced till.
``(xxiii) Riparian forest buffers.
``(xxiv) Riparian herbaceous buffers.
``(xxv) Silvopasture establishment.
``(xxvi) Stripcropping.
``(xxvii) Tree and shrub establishment,
including planting for a high rate of carbon
sequestration.
``(xxviii) Upland wildlife habitat.
``(xxix) Vegetative barriers.
``(xxx) Wetland restoration.
``(xxxi) Windbreak renovation.
``(xxxii) Windbreaks and shelterbelts.
``(xxxiii) Woody residue treatment.
``(xxxiv) Any other vegetative or
management conservation activity that
significantly--
``(I) reduces greenhouse gas
emissions;
``(II) increases carbon
sequestration; or
``(III) enhances resilience to
increased weather volatility.'';
(3) in paragraph (2)--
(A) in subparagraph (A), by striking ``or'' at the
end;
(B) in subparagraph (B), by striking the period at
the end and inserting ``; or''; and
(C) by adding at the end the following:
``(C) conservation activities relating to climate
stewardship practices.''; and
(4) in paragraph (3), by striking ``rotations or advanced
grazing management'' and inserting ``rotations, advanced
grazing management, or conservation activities relating to
climate stewardship practices''.
(b) Payment Limitations.--Section 1240L(f) of the Food Security Act
of 1985 (16 U.S.C. 3839aa-24(f)) is amended by striking ``fiscal years
2019 through 2023'' and inserting ``the period of fiscal years 2019
through 2023, the period of fiscal years 2024 through 2028, or the
period of fiscal years 2029 through 2033''.
(c) Funding.--Section 1241 of the Food Security Act of 1985 (16
U.S.C. 3841) is amended--
(1) in subsection (a)(3)(B)(v), by striking
``$1,000,000,000'' and inserting ``$3,000,000,000''; and
(2) by adding at the end the following:
``(k) Funding for Climate Stewardship Practices.--Of the funds made
available under subsection (a)(3)(B), the Secretary shall set aside
$2,000,000,000 for each of fiscal years 2023 through 2031 to be used
exclusively to enroll in the conservation stewardship program contracts
comprised predominantly of conservation activities relating to climate
stewardship practices (as defined in section 1240L(d)(1)) or bundles of
practices comprised predominantly of conservation activities relating
to climate stewardship practices (as so defined).''.
SEC. 523. RURAL ENERGY FOR AMERICA PROGRAM.
Section 9007 of the Farm Security and Rural Investment Act of 2002
(7 U.S.C. 8107) is amended--
(1) in subsection (c)(3)(A), by striking ``25'' and
inserting ``40''; and
(2) in subsection (f)(1)--
(A) in subparagraph (D), by striking ``and'' at the
end;
(B) in subparagraph (E), by striking ``for fiscal''
and all that follows through the period at the end and
inserting ``for each of fiscal years 2014 through 2022;
and''; and
(C) by adding at the end the following:
``(F) $500,000,000 for fiscal year 2023 and each
fiscal year thereafter.''.
SEC. 524. CONSERVATION AND RENEWABLE ENERGY PROGRAMS PRIORITY.
Each socially disadvantaged farmer or rancher, including each
eligible Black individual that receives a land grant under section
203(a)(2), shall be given priority--
(1) for conservation technical assistance under the Soil
Conservation and Domestic Allotment Act (16 U.S.C. 590a et
seq.);
(2) under the conservation stewardship program under
subchapter B of that chapter (16 U.S.C. 3839aa-21 et seq.); and
(3) under the Rural Energy for America Program established
under section 9007 of the Farm Security and Rural Investment
Act of 2002 (7 U.S.C. 8107).
<all>
</pre></body></html>
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118S960
|
NIH Reform Act
|
[
[
"P000603",
"Sen. Paul, Rand [R-KY]",
"sponsor"
],
[
"L000577",
"Sen. Lee, Mike [R-UT]",
"cosponsor"
],
[
"B001310",
"Sen. Braun, Mike [R-IN]",
"cosponsor"
],
[
"B001243",
"Sen. Blackburn, Marsha [R-TN]",
"cosponsor"
],
[
"H001089",
"Sen. Hawley, Josh [R-MO]",
"cosponsor"
]
] |
<p><b>NIH Reform Act</b></p> <p>This bill separates the National Institute of Allergy and Infectious Diseases (NIAID) into three separate institutes: the National Institute of Allergic Diseases, the National Institute of Infectious Diseases, and the National Institute of Immunologic Diseases.</p> <p>The bill also requires that the President appoint the directors of the new institutes (under current law, the Director of NIAID is appointed by the Director of the National Institutes of Health). It further requires that the Senate confirm the appointment of the directors of the new institutes and the National Cancer Institute.</p>
|
<html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 960 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 960
To replace the National Institute of Allergy and Infectious Diseases
with 3 separate national research institutes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
March 23, 2023
Mr. Paul (for himself, Mr. Lee, Mr. Braun, Mrs. Blackburn, and Mr.
Hawley) introduced the following bill; which was read twice and
referred to the Committee on Health, Education, Labor, and Pensions
_______________________________________________________________________
A BILL
To replace the National Institute of Allergy and Infectious Diseases
with 3 separate national research institutes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``NIH Reform Act''.
SEC. 2. DIVISION OF NATIONAL INSTITUTE OF ALLERGY AND INFECTIOUS
DISEASES.
(a) Organization of National Research Institutes.--Section 401 of
the Public Health Service Act (42 U.S.C. 281) is amended--
(1) in subsection (b)--
(A) in paragraph (6), by striking ``Allergy and
Infectious Diseases'' and inserting ``Allergic
Diseases'';
(B) by redesignating paragraph (25) as paragraph
(27); and
(C) by inserting after paragraph (24) the
following:
``(25) The National Institute of Infectious Diseases.
``(26) The National Institute of Immunologic Diseases.'';
and
(2) in subsection (d)(1), by striking ``27'' and inserting
``29''.
(b) Appointment of Directors.--
(1) In general.--Section 405(a)(1) of the Public Health
Service Act (42 U.S.C. 284(a)(1)) is amended--
(A) by inserting ``, the Director of the National
Institute of Allergic Diseases, the Director of the
National Institute of Infectious Diseases, and the
Director of the National Institute of Immunologic
Diseases'' after ``National Cancer Institute''; and
(B) by inserting ``by and with the advice and
consent of the Senate,'' after ``the President,''.
(2) Terms.--Section 405(a) of the Public Health Service Act
(42 U.S.C. 284(a)) is amended by adding at the end the
following:
``(4) Certain appointments by the president.--The
appointments by the President of the Director of the National
Institute of Allergic Diseases, the Director of the National
Institute of Infectious Diseases, and the Director of the
National Institute of Immunologic Diseases shall be for terms
of 5 years. Each such Director may be reappointed for not more
than 1 additional term, in accordance paragraph (1).''.
(3) Transition.--Effective on the date of enactment of this
Act, the position of Director of the National Institute of
Allergy and Infectious Diseases is terminated, and the National
Institute of Allergic Diseases, the National Institute of
Infectious Diseases, and the National Institute of Immunologic
Diseases shall be overseen by the Director of the National
Institutes of Health until such time as the directors of each
such national institutes is appointed pursuant to section
405(a)(1) of the Public Health Service Act (42 U.S.C.
284(a)(1)), as amended by paragraph (1).
(c) Duties of the National Institutes.--
(1) National institute of allergic diseases.--Subpart 6 of
part C of title IV of the Public Health Service Act (42 U.S.C.
285f et seq.) is amended--
(A) in the subpart heading, by striking ``Allergy
and Infectious Diseases'' and inserting ``Allergic
Diseases''; and
(B) in section 446--
(i) by striking ``Allergy and Infectious
Diseases'' and inserting ``Allergic Diseases'';
and
(ii) by striking ``allergic and immunologic
diseases and disorders and infectious diseases,
including tropical diseases'' and inserting
``allergic diseases and disorders''.
(2) National institute of infectious diseases.--
(A) In general.--Part C of title IV of the Public
Health Service Act (42 U.S.C. 285 et seq.) is amended
by adding at the end the following:
``Subpart 21--National Institute of Infectious Diseases
``SEC. 464Z-10. PURPOSE OF THE INSTITUTE.
``The general purpose of the National Institute of Infectious
Diseases is the conduct and support of research, training, health
information dissemination, and other programs with respect to
infectious diseases, including tropical diseases.''.
(B) Transfer of authorities.--Sections 447A and
447B of the Public Health Service Act (42 U.S.C. 285f-
2; 285f-3) are--
(i) redesignated as sections 464z-11 and
464z-12, respectively; and
(ii) transferred to appear after section
464z-10 of such Act, as added by subparagraph
(A).
(C) Orderly transition.--The Director of the
National Institutes of Health shall take such steps as
are necessary to provide for the orderly transition to
the authority of the National Institute of Infectious
Diseases established under section 464z-10 of the
Public Health Service Act, as added by subparagraph
(A), from any authority related to infectious diseases
of the National Institute of Allergy and Infectious
Diseases, as in effect on the day before the date of
enactment of this Act.
(3) National institute of immunologic diseases.--
(A) In general.--Part C of title IV of the Public
Health Service Act (42 U.S.C. 285 et seq.), as amended
by paragraph (2), is further amended by adding at the
end the following:
``Subpart 22--National Institute of Immunologic Diseases
``SEC. 464Z-15. PURPOSE OF THE INSTITUTE.
``The general purpose of the National Institute of Immunologic
Diseases is the conduct and support of research, training, health
information dissemination, and other programs with respect to
immunologic diseases and disorders.''.
(B) Transfer of authorities.--Sections 447 and 447C
of the Public Health Service Act (42 U.S.C. 285f-1;
285f-4) are--
(i) redesignated as sections 464z-16 and
464z-17, respectively; and
(ii) transferred to appear after section
464z-15 of such Act, as added by subparagraph
(A).
(C) Orderly transition.--The Director of the
National Institutes of Health shall take such steps as
are necessary to provide for the orderly transition to
the authority of the National Institute of Immunologic
Diseases established under section 464z-15 of the
Public Health Service Act, as added by subparagraph
(A), from any authority related to immunologic diseases
and disorders of the National Institute of Allergy and
Infectious Diseases, as in effect on the day before the
date of enactment of this Act.
(d) Conforming Amendments.--
(1) Section 404B of the Public Health Service Act (42
U.S.C. 283d) is amended by striking ``National Institute for
Allergy and Infectious Diseases'' and inserting ``National
Institute for Infectious Diseases''.
(2) Section 404I of the Public Health Service Act (42
U.S.C. 283k) is amended--
(A) in subsection (a)(1), by striking ``or the
Director of the National Institute for Allergy and
Infectious Diseases''; and
(B by striking ``or the National Institute for
Allergy and Infectious Diseases'' each place it
appears.
(3) Section 442A(a) of the Public Health Service Act (42
U.S.C. 285d-8(a)) is amended by striking ``Allergy and
Infectious Diseases'' and inserting ``Immunologic Diseases''.
(4) Any reference in any law (including a regulation),
guidance, map, document, record, or other paper of the United
States to the National Institute of Allergy and Infectious
Diseases, including with respect to the Director of such
Institute, shall be deemed to be a reference to, as applicable,
the National Institute of Allergic Diseases, the National
Institute of Infectious Diseases, or the National Institute of
Immunologic Diseases, including with respect to the Directors
of such Institutes.
<all>
</pre></body></html>
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118S961
|
Salem Maritime National Historical Park Redesignation and Boundary Study Act
|
[
[
"M000133",
"Sen. Markey, Edward J. [D-MA]",
"sponsor"
]
] |
<html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 961 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 961
To redesignate the Salem Maritime National Historic Site in Salem,
Massachusetts, as the ``Salem Maritime National Historical Park'', and
for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
March 23, 2023
Mr. Markey introduced the following bill; which was read twice and
referred to the Committee on Energy and Natural Resources
_______________________________________________________________________
A BILL
To redesignate the Salem Maritime National Historic Site in Salem,
Massachusetts, as the ``Salem Maritime National Historical Park'', and
for other 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 ``Salem Maritime National Historical
Park Redesignation and Boundary Study Act''.
SEC. 2. SALEM MARITIME NATIONAL HISTORICAL PARK.
(a) Redesignation.--The Salem Maritime National Historic Site in
Salem, Massachusetts, shall be known and designated as the ``Salem
Maritime National Historical Park''.
(b) References.--Any reference in a law, map, regulation, document,
paper, or other record of the United States to the national historic
site referred to in subsection (a) shall be deemed to be a reference to
the ``Salem Maritime National Historical Park''.
SEC. 3. BOUNDARY STUDY.
(a) Definitions.--In this section:
(1) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(2) Study area.--
(A) In general.--The term ``study area'' means the
city of Salem, Massachusetts, and the vicinity of that
city.
(B) Inclusions.--The term ``study area'' includes--
(i) the Salem Armory Visitor Center
building; and
(ii) the park located adjacent to that
building, known as ``Salem Armory Park''.
(b) Study.--The Secretary shall conduct a boundary study to
evaluate the suitability and feasibility of including in the National
Park System, as part of the Salem Maritime National Historical Park (as
redesignated by section 2(a)), any sites and resources located in the
study area that are associated with--
(1) the maritime history of the study area;
(2) coastal defenses of the study area; or
(3) military history of the study area, including National
Guard and militia activity.
(c) Report.--Not later than 3 years after the date on which funds
are initially made available to conduct the study under subsection (b),
the Secretary shall submit to the Committee on Energy and Natural
Resources of the Senate and the Committee on Natural Resources of the
House of Representatives a report describing--
(1) the results of the study; and
(2) any findings, conclusions, and recommendations of the
Secretary.
<all>
</pre></body></html>
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118S962
|
Global Voices of Freedom Act of 2023
|
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"Sen. Menendez, Robert [D-NJ]",
"sponsor"
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[
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"Sen. Cardin, Benjamin L. [D-MD]",
"cosponsor"
],
[
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"Sen. Shaheen, Jeanne [D-NH]",
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[
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"Sen. Coons, Christopher A. [D-DE]",
"cosponsor"
],
[
"M001169",
"Sen. Murphy, Christopher [D-CT]",
"cosponsor"
]
] |
<html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 962 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 962
To protect individuals who face reprisals for defending human rights
and democracy by enhancing the capacity of the United States Government
to prevent, mitigate, and respond in such cases.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
March 23, 2023
Mr. Menendez (for himself, Mr. Cardin, Mrs. Shaheen, Mr. Coons, and Mr.
Murphy) introduced the following bill; which was read twice and
referred to the Committee on Foreign Relations
_______________________________________________________________________
A BILL
To protect individuals who face reprisals for defending human rights
and democracy by enhancing the capacity of the United States Government
to prevent, mitigate, and respond in such cases.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Global Voices of Freedom Act of
2023''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) Seventy-five years ago, the United Nations General
Assembly, with leadership from the United States, adopted the
Universal Declaration of Human Rights, done at Paris December
10, 1948 (referred to in this section as the ``Declaration''),
and since the adoption of the Declaration, human rights
defenders have mobilized communities around the vision of a
world ``free and equal in dignity and rights'' described in the
Declaration.
(2) Twenty-five years ago, the United Nations unanimously
adopted the United Nations Declaration on Human Rights
Defenders, which calls upon all States to respect the role of
individual citizens and civil society organizations in
defending human rights and democratic principles.
(3) Human rights defenders advocate for human rights and
democratic principles, fight corruption, support good
governance, seek to end impunity, support victims of human
rights violations, and speak truth to power, creating
safeguards against autocratic regimes and backsliding
democracies.
(4) Increasingly, human rights defenders around the world
face threats and violence in retaliation for exercising their
civil and political rights, and reprisals against such
defenders have grown in number, scale, and sophistication, with
online and digital threats evolving rapidly.
(5) According to the United Nations High Commissioner for
Human Rights, every year hundreds of human rights defenders are
murdered and thousands more are subjected to torture, enforced
disappearance, sexual violence, hate crimes, unlawful or
arbitrary detention, judicial harassment, unlawful or arbitrary
digital surveillance, and forced exile.
(6) Today, autocratic regimes are engaging in increasingly
brutal crackdowns on human rights defenders by co-opting states
or collaborating with transnational criminal organizations,
paramilitary groups, and other actors to silence critical
voices.
(7) Such tactics are not limited to autocratic regimes and
are now used in every region of the world, accelerating a
global decline in respect for human rights and democratic
principles.
(8) Few attacks against human rights defenders are
investigated or prosecuted, and rampant impunity has only
spurred further violence, creating a chilling effect on the
work of others seeking to promote human rights and democratic
principles.
(9) Human rights defenders who speak up on behalf of
communities that have historically faced discrimination face
the highest levels of violence, such as those advocating for
Indigenous communities, environmental and climate change
justice, and respect for LGBTQ+, women's, and religious rights.
(10) Attacks on human rights defenders are not limited to
individuals residing in-country, and many foreign governments
engage in transnational repression, reaching across borders to
target human rights defenders outside of their country of
origin.
(11) Although the United States has long played a critical
role in supporting human rights defenders, the United States
must increase support at United States embassies, consulates,
and foreign missions in order to meet the needs of the growing
number of human rights defenders at risk.
(12) Diplomats of the United States often lack sufficient
training or guidance on how to best respond to reprisals
against human rights defenders, while human rights defenders
often lack clear guidance on how to safely contact United
States officials abroad and what support human rights defenders
can request when threatened, imprisoned, in exile, or in
hiding.
(13) Given the dramatic increase in attacks on human rights
defenders globally, the current approach by the United States
Government to address such attacks is insufficient to
adequately respond to the threats human rights defenders face,
weakening the ability of the United States to advance human
rights and democratic principles at a time when
authoritarianism is on the rise.
SEC. 3. DEFINITIONS.
In this Act--
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means the Committee on
Foreign Relations of the Senate and the Committee on Foreign
Affairs of the House of Representatives.
(2) Human rights defender.--
(A) In general.--The term ``human rights defender''
means an individual, working alone or in a group, who
uses nonviolent means to promote or protect human
rights and fundamental freedoms, in a manner consistent
with the principles described in the United Nations
Declaration on Human Rights Defenders.
(B) Inclusions.--The term ``human rights defender''
may include members of civil society organizations,
journalists, activists, lawyers, community leaders,
whistleblowers, and others.
(3) Reprisal.--The term ``reprisal'' means an act or
omission that--
(A) violates, intends to violate, or encourages a
violation of the rights of a human rights defender; or
(B) otherwise prevents a human rights defender from
carrying out his or her work.
(4) Strategy.--The term ``Strategy'' means the Global
Voices of Freedom Strategy submitted in accordance with section
5.
(5) United nations declaration on human rights defenders.--
The term ``United Nations Declaration on Human Rights
Defenders'' means the Declaration on the Right and
Responsibility of Individuals, Groups and Organs of Society to
Promote and Protect Universally Recognized Human Rights and
Fundamental Freedoms (United Nations General Assembly
Resolution 53/144 (1998)), adopted by the United Nations
General Assembly on December 9, 1998.
SEC. 4. STATEMENT OF POLICY.
It shall be the policy of the United States--
(1) to reaffirm the commitment of the United States to the
United Nations Declaration on Human Rights Defenders and to
human rights defenders, who, often at great risk to themselves,
work to protect and advance human rights and democratic
principles;
(2) to integrate support for human rights defenders and
their protection from reprisals as part of bilateral and
multilateral diplomatic, economic, humanitarian, development,
law enforcement, security assistance, and anti-corruption
activities of the United States; and
(3) to view support for human rights defenders and their
protection from reprisals as critical foreign policy interests
of the United States.
SEC. 5. DEVELOPMENT OF A GOVERNMENT-WIDE STRATEGY FOR HUMAN RIGHTS
DEFENDERS.
(a) In General.--Not later than 180 days after the date of the
enactment of this Act, the President, in consultation with the heads of
relevant Federal agencies, shall develop and submit to the appropriate
congressional committees a comprehensive interagency strategy to
support and protect human rights defenders abroad to be known as the
Global Voices of Freedom Strategy.
(b) Elements of the Strategy.--The Strategy shall include detailed
information on the following elements:
(1) How the United States intends to implement the policy
objectives under section 4, including--
(A) specific and measurable goals;
(B) metrics to measure progress against such goals;
and
(C) a timeline for implementation.
(2) An assessment of tools and resources available at
United States embassies and missions to support human rights
defenders, including--
(A) measures to monitor and respond to reprisals
against human rights defenders; and
(B) information on implementation of the training
required by subparagraph (E) of section 708(a)(1) of
the Foreign Service Act of 1980 (22 U.S.C. 4028(a)(1)),
as added by section 8.
(3) Bolstering the ability of United States embassies and
missions to prioritize the protection of human rights
defenders, including--
(A) ensuring the policy objectives under section 4
are addressed in each country-specific Integrated
Country Strategy of the Department of State;
(B) developing guidance for United States embassies
and missions on assessing when and how to respond to
reprisals against human rights defenders;
(C) identifying a designated point of contact at
each United States embassy or mission who--
(i) reports directly to the chief of
mission; and
(ii) shall be responsible for--
(I) conducting regular
consultations with human rights
defenders, including individuals based
outside of major urban areas; and
(II) tracking patterns of reprisals
and managing responses to reprisals,
including by assessing the impact of
such responses;
(D) integrating consideration of reprisals against
human rights defenders into engagements by United
States embassies and missions with the private sector;
(E) providing a secure means, where feasible, by
which human rights defenders can contact each United
States embassy or mission, respectively publicized on
the website of each United States embassy or mission;
(F) including requests for additional resources to
engage with and support human rights defenders in
annual Mission Resource Requests; and
(G) acknowledging and rewarding efforts by United
States diplomatic personnel to protect human rights
defenders as part of annual performance reviews.
(4) Seeking to reduce impunity for reprisals against human
rights defenders by strengthening accountability for
perpetrators, including--
(A) using diplomatic pressure to encourage foreign
governments to investigate and prosecute persons who
order, plan, and carry out reprisals;
(B) using diplomatic pressure to respond to
patterns of non-lethal reprisals that have an adverse
impact on civic space, including the criminalization of
nonviolent advocacy, smear campaigns, and illegal
surveillance; and
(C) increasing support for multilateral initiatives
that seek to curb the misuse of dual-use technologies
by foreign governments to monitor, harass, or threaten
human rights defenders and their families.
(c) Implementation.--In implementing the Strategy, the President
shall--
(1) establish within the National Security Council an
interagency working group that shall be responsible for
coordinating implementation of the Strategy;
(2) require each relevant Federal agency to provide a
specific implementation plan for the Strategy; and
(3) consult with human rights defenders and civil society
organizations on the design and implementation of the Strategy.
(d) Form and Availability.--
(1) Form.--The Strategy shall be submitted in unclassified
form, but may include a classified annex, if necessary.
(2) Briefing.--Not later than 30 days prior to publication
of the Strategy in accordance with paragraph (3), the Under
Secretary for Civilian Security, Democracy, and Human Rights
shall brief the appropriate congressional committees on the
Strategy.
(3) Public availability.--The unclassified portion of the
Strategy shall be made available to the public, including
through publication in the Federal Register.
SEC. 6. PROTECTING HUMAN RIGHTS DEFENDERS AT THE UNITED NATIONS AND
OTHER MULTILATERAL BODIES.
The Secretary of State and the United States Permanent
Representative to the United Nations shall use the voice, vote, and
influence of the United States at the United Nations and other
multilateral bodies--
(1) to promote full participation and oppose efforts that
prevent the full participation of human rights defenders and
block the accreditation of bona fide human rights organizations
at the United Nations and other multilateral bodies;
(2) to ensure that the United Nations bolsters the
protection and safe participation of human rights defenders who
are subject to transnational repression, state harassment, and
reprisals;
(3) to increase monitoring and reporting to identify and
track reprisals against human rights defenders, including human
rights defenders who engage with the United Nations and other
multilateral bodies;
(4) to urge member states to engage with the mandate for
the Special Rapporteur on the situation of human rights
defenders (referred to in this section as the ``Special
Rapporteur''), to cooperate with the Special Rapporteur, and to
take steps to implement the recommendations of the Special
Rapporteur; and
(5) to support the use of targeted sanctions, censure of
member states, and all diplomatic tools available to hold
responsible persons that engage in reprisals against human
rights defenders.
SEC. 7. ANNUAL COUNTRY REPORTS ON HUMAN RIGHTS PRACTICES.
Section 116(f)(1) of the Foreign Assistance Act of 1961 (22 U.S.C.
2151n(f)(1)) is amended--
(1) by redesignating subparagraph (C) as subparagraph (E);
and
(2) by inserting after subparagraph (B) the following:
``(C) A description of the treatment of human rights
defenders (as defined in section 3 of the Global Voices of
Freedom Act of 2023), in each foreign country including
patterns of reprisals (as defined in such section) against
human rights defenders residing in-country, including
information on the underlying types of activities targeted and
the types of tactics being used.
``(D) When feasible, details on the total number of
investigations opened into reprisals against human rights
defenders, including, for such reprisals, the number of
prosecutions, the details of the individuals sentenced, and the
percentage of individuals acquitted.''.
SEC. 8. TRAINING.
Section 708(a)(1) of the Foreign Service Act of 1980 (22 U.S.C.
4028(a)(1)) is amended--
(1) in subparagraph (C), by striking ``and'' at the end;
(2) in subparagraph (D), by striking the period at the end
and inserting a semicolon; and
(3) by adding at the end the following new subparagraph:
``(E) for Foreign Service Officers and Presidential
appointees, including chiefs of mission, in missions
abroad who work on political, economic, public
diplomacy, security, or development issues, a dedicated
module of instruction on support for human rights
defenders; and''.
SEC. 9. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated $5,000,000 for each of
fiscal years 2024 through 2028 to carry out--
(1) the Strategy and reporting requirements described in
sections 5 and 7; and
(2) the training required by section 8.
<all>
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|
118S963
|
Loan Forgiveness for Educators Act
|
[
[
"L000570",
"Sen. Lujan, Ben Ray [D-NM]",
"sponsor"
],
[
"B001230",
"Sen. Baldwin, Tammy [D-WI]",
"cosponsor"
],
[
"B001288",
"Sen. Booker, Cory A. [D-NJ]",
"cosponsor"
],
[
"B000944",
"Sen. Brown, Sherrod [D-OH]",
"cosponsor"
],
[
"B001277",
"Sen. Blumenthal, Richard [D-CT]",
"cosponsor"
],
[
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[
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"cosponsor"
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[
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"Sen. Feinstein, Dianne [D-CA]",
"cosponsor"
],
[
"H001046",
"Sen. Heinrich, Martin [D-NM]",
"cosponsor"
],
[
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"Sen. Kaine, Tim [D-VA]",
"cosponsor"
],
[
"K000377",
"Sen. Kelly, Mark [D-AZ]",
"cosponsor"
],
[
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"cosponsor"
],
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"cosponsor"
],
[
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"cosponsor"
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[
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"W000800",
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"cosponsor"
]
] |
<html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 963 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 963
To provide enhanced student loan relief to educators.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
March 23, 2023
Mr. Lujan (for himself, Ms. Baldwin, Mr. Booker, Mr. Brown, Mr.
Blumenthal, Mr. Casey, Ms. Duckworth, Mrs. Feinstein, Mr. Heinrich, Mr.
Kaine, Mr. Kelly, Mr. Markey, Mr. Menendez, Mr. Merkley, Mr. Padilla,
Mr. Reed, Mr. Van Hollen, and Mr. Wyden) introduced the following bill;
which was read twice and referred to the Committee on Health,
Education, Labor, and Pensions
_______________________________________________________________________
A BILL
To provide enhanced student loan relief to educators.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Loan Forgiveness for Educators
Act''.
SEC. 2. LOAN FORGIVENESS AND CANCELLATION FOR EDUCATORS.
(a) Enhanced Teacher Loan Forgiveness Under the FFEL Program.--
Section 428J of the Higher Education Act of 1965 (20 U.S.C. 1078-10) is
amended to read as follows:
``SEC. 428J. LOAN FORGIVENESS FOR EDUCATORS.
``(a) Purpose.--It is the purpose of this section to enhance
student access to a well-prepared, diverse, and stable educator
workforce by eliminating debt burdens for educators in return for
service teaching and leading in high need schools or early childhood
education programs.
``(b) Program Authorized.--Not later than 270 days after the date
of enactment of the Loan Forgiveness for Educators Act, the Secretary
shall carry out a program, through the holder of the loan, of assuming,
as required under subsection (c), the obligation to repay a covered
loan for qualifying educators engaged in qualifying service. A
qualifying educator may apply for the program under this section after
the Secretary has begun carrying out the program.
``(c) Forgiveness of Covered Loans.--
``(1) Forgiveness of loans upon completion of qualifying
service.--
``(A) In general.--For each qualifying educator who
has completed 5 years of qualifying service (including
any qualifying service, as defined under this section
as in effect after the date of implementation of the
Loan Forgiveness for Educators Act, that may have been
completed or performed before or after such date of
implementation, or a combination of qualifying
service), the Secretary shall assume the obligation to
repay an amount equal to 100 percent of the aggregate
of the loan obligations (including interest and fees)
on all covered loans that are outstanding as of the
date of completion of such fifth year of qualifying
service.
``(B) Timing.--The years of qualifying service
required under subparagraph (A) may be consecutive or
nonconsecutive, and the qualifying educator may elect
which years of qualifying service to use for purposes
of subparagraph (A).
``(2) Monthly loan forgiveness.--Upon application by any
qualifying educator who has a covered loan and who is engaged
in qualifying service, and in addition to any loan forgiveness
under paragraph (1), the Secretary shall enter into an
agreement with such qualifying educator, under which--
``(A) during the period of qualifying service (for
qualifying service that occurs after the date of
implementation of this Act), the Secretary agrees to
assume the obligation to repay the minimum monthly
obligation on all covered loans of the qualifying
educator, based on the repayment plan selected by the
qualifying educator, for--
``(i) each month of qualifying service; and
``(ii) any summer or other school or
program year calendar breaks scheduled by a
high need school or early childhood education
program during a school or program year in
which the qualifying educator is engaged in
qualifying service;
``(B) during the period of qualifying service, the
assumption of the monthly loan obligation provided will
serve as a monthly payment, considered paid in full by
the qualifying educator, based on the repayment plan
selected by the qualifying educator (which, if the
qualifying educator chooses, shall include any income
driven repayment plan); and
``(C) during the period of qualifying service, each
monthly obligation that is repaid by the Secretary
under this paragraph on a covered loan shall be deemed
to be a qualifying monthly payment made by the
qualifying educator for purposes of the loan
forgiveness program under section 455(m), if
applicable.
``(3) Application.--The Secretary shall develop and make
publicly available an application for qualifying educators who
wish to receive loan forgiveness under this subsection. The
application shall--
``(A) be available for qualifying educators to file
for loan forgiveness under paragraph (1) and for
monthly loan forgiveness under paragraph (2);
``(B) include any certification requirements that
the Secretary determines are necessary to verify
qualifying service; and
``(C) allow for the verification of the qualifying
service--
``(i) in the case of an early childhood
educator or an elementary or secondary school
teacher serving in a high need school, by a
school leader or the administrator of a local
educational agency, educational service agency,
Bureau of Indian Education, Native Hawaiian
education system, or State educational agency
that serves the school (or the administrator's
designee);
``(ii) in the case of an early childhood
educator serving in an early childhood
education program, by the director of that
program (or the director's designee);
``(iii) in the case of a school leader
serving in a high need school, by the
administrator of a local educational agency,
educational service agency, Bureau of Indian
Education, Native Hawaiian education system, or
State educational agency that serves the school
(or the administrator's designee);
``(iv) in the case of a director of an
early childhood education program, a leader of
the entity overseeing the early childhood
education program; and
``(v) in the case of a family child care
provider or the director of an early childhood
education program that operates as a standalone
center-based program (for example, a case in
which the center is not part of a larger
company) that is an early childhood education
program, by self-certification with supporting
documents, such as a business license, a
listing with a public Child Care Resources and
Referral website, or proof of participation in
a Federal child care or preschool subsidy
program.
``(4) Parent plus loans.--
``(A) Parent plus loan on behalf of a student who
is a qualifying educator.--A borrower of a parent loan
under section 428B issued on behalf of a student who is
a qualifying educator shall qualify for loan
forgiveness and any other benefits under this section
for the qualifying service of the student in the same
manner and to the same extent as the student borrower
qualifies for such loan forgiveness and other benefits.
``(B) Parent plus loan borrowed by a parent who is
a qualifying educator.--The borrower of a parent loan
under section 428B issued on behalf of a student who is
not a qualifying educator shall also qualify for loan
forgiveness and any other benefits under this section
for qualifying service if that parent borrower is
engaged in qualifying service and meets the
requirements of this section.
``(5) Recipients of prior forgiveness.--A qualifying
educator who received loan forgiveness under this section as in
effect before the date of enactment of the Loan Forgiveness for
Educators Act of 2022--
``(A) shall be eligible for loan forgiveness of
covered loans in accordance with paragraph (1),
including any remaining covered loans; and
``(B) may count the service completed that
qualified the qualifying educator for previous loan
forgiveness as qualifying service for purposes of
paragraph (1).
``(6) Prohibition on requiring repayment.--A qualifying
educator shall not be required to repay any amounts paid under
this subsection if that qualifying educator who engages in
qualifying service ends the qualifying service before the end
of a school or program year, or before the end of the 5-year
period described in paragraph (1).
``(d) Regulations.--The Secretary is authorized to issue such
regulations as may be necessary to carry out the provisions of this
section.
``(e) Construction.--Nothing in this section shall be construed to
authorize any refunding of any repayment of a loan.
``(f) List.--
``(1) In general.--The Secretary, shall--
``(A) as soon as practicable, produce and make
publicly available a list of high need schools for
purposes of this section; and
``(B) annually update such list.
``(2) List from previous year.--If the list of high need
schools in which a qualifying educator may perform qualifying
service is not available before May 1 of any year, the
Secretary may use the list for the year preceding the year for
which the determination is made to make a determination about
whether an individual meets the requirements for qualifying
service.
``(g) Additional Eligibility Provisions.--
``(1) Continued eligibility.--Any qualifying educator who
performs qualifying service in a school that--
``(A) is a high need school in any school year
during such service; and
``(B) in a subsequent school year fails to meet the
definition of a high need school
may continue to serve in such school and shall be eligible for
loan forgiveness pursuant to subsection (b).
``(2) Prevention of double benefits.--No qualifying
educator may, for the same service, receive a benefit under
both this section and--
``(A) section 428K; or
``(B) subtitle D of title I of the National and
Community Service Act of 1990 (42 U.S.C. 12601 et
seq.).
``(3) No penalty for promotions.--Any qualifying educator
who performs qualifying service in an early childhood education
program or high need school and who is promoted to another
position within that early childhood program or high need
school after 1 or more years of qualifying service may continue
to be employed in such position in such program or school and
shall be eligible to count the period of employment in such
position as qualifying service for loan forgiveness pursuant to
subsection (b).
``(h) Definitions.--In this section:
``(1) Bureau of indian education funded elementary or
secondary school.--The term `Bureau of Indian Education funded
elementary or secondary school' means--
``(A) an elementary or secondary school or
dormitory operated by the Bureau of Indian Education;
``(B) an elementary or secondary school or
dormitory operated pursuant to a grant under the
Tribally Controlled Schools Act of 1988 (25 U.S.C. 2501
et seq.); and
``(C) an elementary or secondary school or
dormitory operated pursuant to a contract under the
Indian Self-Determination and Education Assistance Act
(25 U.S.C. 5301 et seq.).
``(2) Bureau of indian education early childhood
development program.--The term `Bureau of Indian Education
early childhood development program' means--
``(A) a program operating under a grant authorized
by section 1139 of the Education Amendments of 1978 (25
U.S.C. 2019); or
``(B) an early childhood education program operated
or funded by the Bureau of Indian Education (including
Family and Child Education programs at schools funded
by the Bureau of Indian Education authorized under
section 1121 of the Education Amendments of 1978 (25
U.S.C. 2001)).
``(3) Covered loan.--The term `covered loan' means a loan
made, insured, or guaranteed under this part.
``(4) Early childhood education program.--The term `early
childhood education program' means--
``(A) a high-need early childhood education program
as defined in section 200;
``(B) a Head Start program (including an Early Head
Start program) carried out under the Head Start Act (42
U.S.C. 9831 et seq.);
``(C) an early childhood education program, as
defined in section 103;
``(D) a Bureau of Indian Education early childhood
development program;
``(E) a Native Hawaiian education system early
childhood education program;
``(F) a Tribal early childhood education program;
or
``(G) a consortium of entities described in any of
subparagraphs (A) through (F).
``(5) High need school.--The term `high need school'
means--
``(A) a public elementary or secondary school--
``(i) with respect to which the number of
children meeting a measure of poverty under
section 1113(a)(5) of the Elementary and
Secondary Education Act of 1965, exceeds 30
percent of the total number of children
enrolled in such school; and
``(ii) that is served by a local
educational agency that is eligible for
assistance pursuant to part A of title I of the
Elementary and Secondary Education Act of 1965;
``(B) a public elementary or secondary school or
location operated by an educational service agency in
which the number of children meeting a measure of
poverty under section 1113(a)(5) of the Elementary and
Secondary Education Act of 1965 exceeds 30 percent of
the total number of children enrolled in such school or
location;
``(C) a public elementary or secondary school
identified by the State for comprehensive support and
improvement, targeted support and improvement, or
additional targeted support and improvement, under
section 1111 of the Elementary and Secondary Education
Act of 1965;
``(D) a Bureau of Indian Education funded
elementary or secondary school;
``(E) an elementary or secondary school operated by
a Tribal educational agency; or
``(F) a Native Hawaiian education system.
``(6) Indian tribe.--The term `Indian Tribe' 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) in the list published most recently as of the
date of enactment of this subtitle pursuant to section 104 of
the Federally Recognized Indian Tribe List Act of 1994 (25
U.S.C. 5131).
``(7) Native hawaiian education system.--The term `Native
Hawaiian education system' means an entity eligible to receive
direct grants or enter into contracts with the Secretary under
section 6205 of the Elementary and Secondary Education Act of
1965 (20 U.S.C. 7515) to carry out the authorized activities
under that section.
``(8) Qualifying educator.--Subject to subsection (i), the
term `qualifying educator' means--
``(A) an elementary or secondary school teacher
who--
``(i) has obtained full State or Tribal
certification and licensure requirements for
such employment; and
``(ii) has not had such certification or
licensure requirements waived on an emergency,
temporary, or provisional basis;
``(B) an early childhood educator who provides care
or instruction to children;
``(C) a school leader of an elementary or secondary
school who--
``(i) has obtained full State or Tribal
certification and licensure requirements for
such employment; and
``(ii) has not had such certification or
licensure requirements waived on an emergency,
temporary, or provisional basis; or
``(D) an early childhood education program director
(including a family child care provider).
``(9) Qualifying service.--
``(A) In general.--Subject to subparagraph (B), the
term `qualifying service' means--
``(i) in the case of a qualifying educator
described in subparagraph (A) or (C) of
paragraph (8), employment as a full-time
qualifying educator in a high need school; and
``(ii) in the case of a qualifying educator
described in subparagraph (B) or (D) of
paragraph (8), employment as a full-time
qualifying educator in an early childhood
education program (including school-based
programs).
``(B) Exception.--In the case of a qualifying
educator who is unable to complete a full school or
program year of service, that year may still be counted
toward the required qualifying service period under
paragraphs (1) and (2) of subsection (c) if--
``(i) the qualifying educator completed at
least one-half of the school or program year;
``(ii) the employer considers the
qualifying educator to have fulfilled the
contract requirements for the school or program
year for the purposes of salary increases,
tenure, and retirement; and
``(iii) the qualifying educator was unable
to complete the school or program year
because--
``(I) the qualifying educator
returned to postsecondary education, on
at least a half-time basis, in an area
of study directly related to the
performance of the qualifying service;
``(II) the qualifying educator
experienced a condition described in
section 102 of the Family and Medical
Leave Act of 1993 (29 U.S.C. 2612);
``(III) the qualifying educator was
called or ordered to Federal or State
active duty status, or Active Service
as a member of a Reserve Component of
the Armed Forces named in section 10101
of title 10, United States Code, or
service as a member of the National
Guard on full-time National Guard duty,
as defined in section 101(d)(5) of
title 10, United States Code; or
``(IV) the qualifying educator
resides in or is employed in a disaster
area, as declared by any Federal,
State, or local official in connection
with a national emergency.
``(10) School leader.--The term `school leader' has the
meaning given that term in section 8101 of the Elementary and
Secondary Education Act of 1965.
``(11) Tribal early childhood education program.--The term
`Tribal early childhood education program' means any of the
following programs:
``(A) An American Indian or Alaska Native Head
Start or Early Head Start program carried out under the
Head Start Act (42 U.S.C. 9831 et seq.).
``(B) A Tribal child care and development program
carried out under the Child Care and Development Block
Grant of 1990 (42 U.S.C. 9858 et seq.).
``(C) A program serving children from birth through
age 6 that--
``(i) receives funding support from the
Native American language preservation and
maintenance program carried out under section
803C of the Native American Programs Act of
1974 (42 U.S.C. 2991b-3);
``(ii) is a Tribal prekindergarten program;
``(iii) is a program authorized under
section 619 or part C of the Individuals with
Disabilities Education Act; or
``(iv) is a center-based or group-based
early childhood learning or development program
that the Secretary determines shall be included
under this definition, after receiving a
request from an Indian Tribe.
``(12) Tribal educational agency.--The term `Tribal
educational agency' has the meaning given the term (without
respect to capitalization) in section 6132(b) of the Elementary
and Secondary Education Act of 1965.
``(13) Year.--The term `year', when applied to service as a
qualifying educator, means a school or program year as defined
by the Secretary or the Secretary of Health and Human Services,
as applicable.
``(i) Special Rule.--An educator that provides instruction or
curricular development in an Alaska Native, American Indian, or Native
Hawaiian language or a Native American language as defined in the
Native American Languages Act (25 U.S.C. 2902) shall be considered to
be a qualifying educator regardless of whether the educator has
achieved full State or Tribal certification and licensure requirements
for such employment.''.
(b) Enhanced Teacher Loan Cancellation Under the Direct Loan
Program.--Section 460 of the Higher Education Act of 1965 (20 U.S.C.
1087j) is amended to read as follows:
``SEC. 460. LOAN CANCELLATION FOR EDUCATORS.
``(a) Purpose.--It is the purpose of this section to enhance
student access to a well-prepared, diverse, and stable educator
workforce by eliminating debt burdens for educators in return for
service teaching and leading in high need schools or early childhood
education programs.
``(b) Program Authorized.--Not later than 270 days after the date
of enactment of the Loan Forgiveness for Educators Act, the Secretary
shall carry out a program of canceling, as required under subsection
(c), the obligation to repay a covered loan for qualifying educators
engaged in qualifying service. A qualifying educator may apply for the
program under this section after the Secretary has begun carrying out
the program.
``(c) Cancellation of Covered Loans.--
``(1) Cancellation of loans upon completion of qualifying
service.--
``(A) In general.--For each qualifying educator who
has completed 5 years of qualifying service (including
any qualifying service, as defined under this section
as in effect after the date of implementation of the
Loan Forgiveness for Educators Act, that may have been
completed or performed before or after such date of
implementation, or a combination of qualifying
service), the Secretary shall cancel an amount equal to
100 percent of the aggregate of the loan obligations
(including interest and fees) on all covered loans that
are outstanding as of the date of completion of such
fifth year of qualifying service.
``(B) Timing.--The years of qualifying service
required under subparagraph (A) may be consecutive or
nonconsecutive, and the qualifying educator may elect
which years of qualifying service to use for purposes
of this section.
``(2) Monthly loan cancellation.--Upon application by any
qualifying educator of a covered loan who is engaged in
qualifying service, and in addition to any loan cancellation
under paragraph (1), the Secretary shall enter into an
agreement with such qualifying educator, under which--
``(A) during the period of qualifying service (for
qualifying service that occurs after the date of
implementation of this Act), the Secretary agrees to
cancel the minimum monthly obligation on all covered
loans of the qualifying educator based on the repayment
plan selected by the qualifying educator (which, if the
educator chooses, shall include any income driven
repayment plan), for--
``(i) each month of qualifying service; and
``(ii) any summer or other school or
program year calendar breaks scheduled by a
qualifying school or early childhood education
program during a school or program year in
which the qualifying educator is engaged in
qualifying service;
``(B) during the period of qualifying service,
interest shall not accrue on the qualifying educator's
covered loans; and
``(C) during the period of qualifying service, each
monthly obligation that is cancelled by the Secretary
under this paragraph on a covered loan shall be deemed
to be a qualifying monthly payment made by the
qualifying educator for purposes of the loan
forgiveness program under section 455(m), if
applicable.
``(3) Application.--The Secretary shall develop and make
publicly available an application for qualifying educators who
wish to receive loan cancellation under this subsection. The
application shall--
``(A) be available for qualifying educators to file
for loan cancellation under paragraph (1) and for
monthly loan cancellation under paragraph (2);
``(B) include any certification requirements that
the Secretary determines are necessary to verify
qualifying service; and
``(C) allow for the verification of the qualifying
service--
``(i) in the case of an early childhood
educator or an elementary or secondary school
teacher serving in a high need school, by a
school leader or the administrator of a local
educational agency, educational service agency,
Bureau of Indian Education, Native Hawaiian
education system, or State educational agency
that serves the school (or the administrator's
designee);
``(ii) in the case of an early childhood
educator serving in a early childhood education
program, by the director of that program (or
the director's designee);
``(iii) in the case of a school leader
serving in a high need school, by the
administrator of a local educational agency,
educational service agency, Bureau of Indian
Education, Native Hawaiian education system, or
State educational agency that serves the school
(or the administrator's designee);
``(iv) in the case of a director of an
early childhood education program, a leader of
the entity overseeing the early childhood
education program; and
``(v) in the case of a family child care
provider or the director of an early childhood
education program that operates as a standalone
center-based program (for example, a case in
which the center is not part of a larger
company) that is an early childhood education
program, by self-certification with supporting
documents, such as a business license, a
listing with a public Child Care Resources and
Referral website, or proof of participation in
a Federal child care or preschool subsidy
program.
``(4) Parent plus loans.--
``(A) Parent plus loan on behalf of a student who
is a qualifying educator.--A borrower of a parent
Federal Direct PLUS Loan issued on behalf of a student
who is a qualifying educator shall qualify for loan
forgiveness and any other benefits under this section
for the qualifying service of the student in the same
manner and to the same extent as the student borrower
qualifies for such loan forgiveness and other benefits.
``(B) Parent plus loan borrowed by a parent who is
a qualifying educator.--The borrower of a parent
Federal Direct PLUS Loan issued on behalf of a student
who is not a qualifying educator shall also qualify for
loan forgiveness and any other benefits under this
section for qualifying service if that parent borrower
is engaged in qualifying service and meets the
requirements of this section.
``(5) Recipients of prior loan cancellation.--A qualifying
educator who received loan cancellation under this section as
in effect before the date of enactment of the Loan Forgiveness
for Educators Act--
``(A) shall be eligible for loan cancellation of
covered loans in accordance with subsection (c)(1),
including any remaining covered loans; and
``(B) may count the service completed that
qualified the qualifying educator for previous loan
cancellation as qualifying service for purposes of
subsection (c)(1).
``(6) Prohibition on requiring repayment.--A qualifying
educator shall not be required to repay any amounts paid under
this subsection if that qualifying educator who engages in
qualifying service ends the qualifying service before the end
of a school or program year, or before the end of the 5-year
period described in paragraph (1).
``(d) Regulations.--The Secretary is authorized to issue such
regulations as may be necessary to carry out the provisions of this
section.
``(e) Construction.--Nothing in this section shall be construed to
authorize any refunding of any canceled loan.
``(f) List.--
``(1) In General.--The Secretary shall--
``(A) as soon as practicable, produce and make
publicly available a list of high need schools for
purposes of this section; and
``(B) annually update such list.
``(2) List from previous year.--If the list of high need
schools in which a qualifying educator may perform qualifying
service is not available before May 1 of any year, the
Secretary may use the list for the year preceding the year for
which the determination is made to make a determination about
whether an individual meets the requirements for qualifying
service.
``(g) Additional Eligibility Provisions.--
``(1) Continued eligibility.--Any qualifying educator who
performs qualifying service in a school that--
``(A) is a high need school in any school year
during such service; and
``(B) in a subsequent school year fails to meet the
definition of a high need school
may continue to serve in such school and shall be eligible for
loan cancellation pursuant to subsection (b).
``(2) Prevention of double benefits.--No qualifying
educator may, for the same service, receive a benefit under
both this section and--
``(A) section 428K; or
``(B) subtitle D of title I of the National and
Community Service Act of 1990 (42 U.S.C. 12601 et
seq.).
``(3) No penalty for promotions.--Any qualifying educator
who performs qualifying service in an early childhood education
program or high need school and who is promoted to another
position within that early childhood program or high need
school after 1 or more years of qualifying service may continue
to be employed in such position in such program or school and
shall be eligible to count the period of employment in such
position as qualifying service for loan cancellation pursuant
to subsection (b).
``(h) Definitions.--In this section:
``(1) Bureau of indian education funded elementary or
secondary school.--The term `Bureau of Indian Education funded
elementary or secondary school' means--
``(A) an elementary or secondary school or
dormitory operated by the Bureau of Indian Education;
``(B) an elementary or secondary school or
dormitory operated pursuant to a grant under the
Tribally Controlled Schools Act of 1988 (25 U.S.C. 2501
et seq.); and
``(C) an elementary or secondary school or
dormitory operated pursuant to a contract under the
Indian Self-Determination and Education Assistance Act
(25 U.S.C. 5301 et seq.).
``(2) Bureau of indian education early childhood
development program.--The term `Bureau of Indian Education
early childhood development program' means--
``(A) a program operating under a grant authorized
by section 1139 of the Education Amendments of 1978 (25
U.S.C. 2019); or
``(B) an early childhood education program operated
or funded by the Bureau of Indian Education (including
Family and Child Education programs at schools funded
by the Bureau of Indian Education authorized under
section 1121 of the Education Amendments of 1978 (25
U.S.C. 2001)).
``(3) Covered loan.--The term `covered loan' means a loan
made, insured, or guaranteed under this part.
``(4) Early childhood education program.--The term `early
childhood education program' means--
``(A) a high-need early childhood education program
as defined in section 200;
``(B) a Head Start program (including an Early Head
Start program) carried out under the Head Start Act (42
U.S.C. 9831 et seq.);
``(C) an early childhood education program, as
defined in section 103;
``(D) a Bureau of Indian Education early childhood
development program;
``(E) a Native Hawaiian education system early
childhood education program;
``(F) a Tribal early childhood education program;
or
``(G) a consortium of entities described in any of
subparagraphs (A) through (F).
``(5) High need school.--The term `high need school'
means--
``(A) a public elementary or secondary school--
``(i) with respect to which the number of
children meeting a measure of poverty under
section 1113(a)(5) of the Elementary and
Secondary Education Act of 1965, exceeds 30
percent of the total number of children
enrolled in such school; and
``(ii) that is served by a local
educational agency that is eligible for
assistance pursuant to part A of title I of the
Elementary and Secondary Education Act of 1965;
``(B) a public elementary or secondary school or
location operated by an educational service agency in
which the number of children meeting a measure of
poverty under section 1113(a)(5) of the Elementary and
Secondary Education Act of 1965 exceeds 30 percent of
the total number of children enrolled in such school or
location;
``(C) a public elementary or secondary school
identified by the State for comprehensive support and
improvement, targeted support and improvement, or
additional targeted support and improvement, under
section 1111 of the Elementary and Secondary Education
Act of 1965;
``(D) a Bureau of Indian Education funded
elementary or secondary school;
``(E) an elementary or secondary school operated by
a Tribal educational agency; or
``(F) a Native Hawaiian education system.
``(6) Indian tribe.--The term `Indian Tribe' 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) in the list published most recently as of the
date of enactment of this subtitle pursuant to section 104 of
the Federally Recognized Indian Tribe List Act of 1994 (25
U.S.C. 5131).
``(7) Native hawaiian education system.--The term `Native
Hawaiian education system' means an entity eligible to receive
direct grants or enter into contracts with the Secretary under
section 6205 of the Elementary and Secondary Education Act of
1965 (20 U.S.C. 7515) to carry out the authorized activities
under that section.
``(8) Qualifying educator.--Subject to subsection (i), the
term `qualifying educator' means--
``(A) an elementary or secondary school teacher
who--
``(i) has obtained full State or Tribal
certification and licensure requirements for
such employment; and
``(ii) has not had such certification or
licensure requirements waived on an emergency,
temporary, or provisional basis;
``(B) an early childhood educator who provides care
or instruction to children;
``(C) a school leader of an elementary or secondary
school who--
``(i) has obtained full State or Tribal
certification and licensure requirements for
such employment; and
``(ii) has not had such certification or
licensure requirements waived on an emergency,
temporary, or provisional basis; or
``(D) an early childhood education program director
(including a family child care provider).
``(9) Qualifying service.--
``(A) In general.--Subject to subparagraph (B), the
term `qualifying service' means--
``(i) in the case of a qualifying educator
described in subparagraph (A) or (C) of
paragraph (8), employment as a full-time
qualifying educator in a high need school; and
``(ii) in the case of a qualifying educator
described in subparagraph (B) or (D) of
paragraph (8), employment as a full-time
qualifying educator in an early childhood
education program (including school-based
programs).
``(B) Exception.--In the case of a qualifying
educator who is unable to complete a full school or
program year of service, that year may still be counted
toward the required qualifying service period under
paragraphs (1) and (2) of subsection (c) if--
``(i) the qualifying educator completed at
least one-half of the school or program year;
``(ii) the employer considers the
qualifying educator to have fulfilled the
contract requirements for the school or program
year for the purposes of salary increases,
tenure, and retirement; and
``(iii) the qualifying educator was unable
to complete the school or program year
because--
``(I) the qualifying educator
returned to postsecondary education, on
at least a half-time basis, in an area
of study directly related to the
performance of the qualifying service;
``(II) the qualifying educator
experienced a condition described in
section 102 of the Family and Medical
Leave Act of 1993 (29 U.S.C. 2612);
``(III) the qualifying educator was
called or ordered to Federal or State
active duty status, or Active Service
as a member of a Reserve Component of
the Armed Forces named in section 10101
of title 10, United States Code, or
service as a member of the National
Guard on full-time National Guard duty,
as defined in section 101(d)(5) of
title 10, United States Code; or
``(IV) the qualifying educator
resides in or is employed in a disaster
area, as declared by any Federal,
State, or local official in connection
with a national emergency.
``(10) School leader.--The term `school leader' has the
meaning given that term in section 8101 of the Elementary and
Secondary Education Act of 1965.
``(11) Tribal early childhood education program.--The term
`Tribal early childhood education program' means any of the
following programs:
``(A) An American Indian or Alaska Native Head
Start or Early Head Start program carried out under the
Head Start Act (42 U.S.C. 9831 et seq.).
``(B) A Tribal child care and development program
carried out under the Child Care and Development Block
Grant of 1990 (42 U.S.C. 9858 et seq.).
``(C) A program serving children from birth through
age 6 that--
``(i) receives funding support from the
Native American language preservation and
maintenance program carried out under section
803C of the Native American Programs Act of
1974 (42 U.S.C. 2991b-3);
``(ii) is a Tribal prekindergarten program;
``(iii) is a program authorized under
section 619 or part C of the Individuals with
Disabilities Education Act; or
``(iv) is a center-based or group-based
early childhood learning or development program
that the Secretary determines shall be included
under this definition, after receiving a
request from an Indian Tribe.
``(12) Tribal educational agency.--The term `Tribal
educational agency' has the meaning given the term (without
respect to capitalization) in section 6132(b) of the Elementary
and Secondary Education Act of 1965.
``(13) Year.--The term `year', when applied to service as a
qualifying educator, means a school or program year as defined
by the Secretary or the Secretary of Health and Human Services,
as applicable.
``(i) Special Rule.--An educator that provides instruction or
curricular development in an Alaska Native, American Indian, or Native
Hawaiian language or a Native American language as defined in the
Native American Languages Act (25 U.S.C. 2902) shall be considered to
be a qualifying educator regardless of whether the educator has
achieved full State or Tribal certification and licensure requirements
for such employment.''.
(c) Effective Date; Program Name.--
(1) Effective date.--The amendments made by subsections (a)
and (b) shall take effect on the day that is 180 days after the
date of enactment of this Act.
(2) Program name.--The programs under section 428J and 460
of the Higher Education Act of 1965, as amended by subsections
(a) and (b), shall be known as Educator Loan Forgiveness
Programs.
(d) Technical Amendment.--Section 455(m)(4) of the Higher Education
Act of 1965 (20 U.S.C. 1087e(m)(4)) is amended by striking ``section
428J, 428K, 428L, or 460'' and inserting ``section 428K or 428L''.
SEC. 3. NOTICE TO BORROWERS.
Not later than 180 days after the Secretary of Education implements
the programs under this Act, the Secretary, in coordination with the
Secretary of Health and Human Services, shall take such steps as may be
necessary to inform high need schools and early childhood education
programs (as defined in section 460 of the Higher Education Act of
1965, as amended by this Act), Head Start programs (including Early
Head Start programs) carried out under the Head Start Act (42 U.S.C.
9831 et seq.), early childhood educators and program directors
(including family child care providers and program directors), public
school teachers, public school leaders, Bureau of Indian Education
school teachers, Bureau of Indian Education school leaders, Native
Hawaiian education system school teachers, Native Hawaiian education
system school leaders, local educational agency leaders (such as
superintendents), local educational agencies, educational service
agencies, educational service agency leaders, chief State school
officers, State educational agencies, students attending institutions
of higher education, and other student loan borrowers, of the
amendments made by this Act to the loan forgiveness and loan
cancellation programs under sections 428J and 460 of the Higher
Education Act of 1965 (20 U.S.C. 1078-10; 1087j), including an
explanation of how loans accrued before the date of enactment of this
Act may qualify for loan forgiveness or loan cancellation under such
sections, as amended by this Act, and an explanation of how service
performed before the date of enactment of this Act may count toward
qualifying service requirements for purposes of such sections, as
amended by this Act.
SEC. 4. WAIVER OF NEGOTIATED RULEMAKING.
In carrying out this Act and any amendments made by this Act, or
any regulations promulgated under this Act or under such amendments,
the Secretary of Education may waive the application of negotiated
rulemaking under section 492 of the Higher Education Act of 1965 (20
U.S.C. 1098a).
<all>
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118S964
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Mothers and Newborns Success Act
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"Sen. Murkowski, Lisa [R-AK]",
"cosponsor"
]
] |
<html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 964 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 964
To amend the Public Health Service Act to improve maternal health and
promote safe motherhood.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
March 23, 2023
Mr. Kaine (for himself and Ms. Murkowski) 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 improve maternal health and
promote safe motherhood.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Mothers and Newborns Success Act''.
SEC. 2. FINDINGS AND SENSE OF THE SENATE.
(a) Findings.--Congress finds the following:
(1) Among developed nations, the United States has
disturbingly high rates of maternal and infant mortality.
(2) The United States maternal mortality rate in 2020 was
23.8 deaths per 100,000 live births, which is significantly
higher than the Organisation for Economic Co-operation and
Development (referred to in this section as the ``OECD'')
average of 9.8, according to the Commonwealth Fund.
(3) The United States infant mortality rate in 2020 was 5.4
deaths per 1,000 live births, while the OECD average was 4.1
deaths per 1,000 live births.
(4) In the United States, there are significant maternal
mortality and infant mortality inequities.
(5) The maternal mortality rate for non-Hispanic Black
women in 2020 was 55.3 deaths per 100,000 live births. This
rate is 2.89 times higher than the maternal mortality rate of
19.1 deaths per 100,000 live births for non-Hispanic white
women and more than 3 times higher than the maternal mortality
rate of 18.2 deaths per 100,000 live births for Hispanic women
of any race.
(6) The Centers for Disease Control and Prevention data
from 2016 through 2018 shows that American Indian/Alaska Native
women also have significantly higher rates of pregnancy-related
deaths than white, Hispanic, and Asian/Pacific Islander women.
American Indian/Alaska Native women had a rate of 26.5
pregnancy-related deaths per 100,000 live births from 2016
through 2018, which is 1.9 times higher than the rate of 13.7
deaths per 100,000 live births for white women during the same
time period.
(7) The mortality rate for infants of non-Hispanic Black
women is 10.6 deaths per 1,000 live births and for infants of
American Indian or Alaska Native women it is 7.9 deaths per
1,000 live births. These rates are significantly higher than
the infant mortality rate of non-Hispanic white infants at 4.5
deaths per 1,000 live births and the infant mortality rate of
Hispanic infants of any race at 5 deaths per 1,000 live births.
(b) Sense of the Senate.--It is the sense of the Senate that the
following should apply:
(1) The United States should dramatically reduce maternal
and infant mortality, ensure that all infants can grow up
healthy and safe, and protect women's health before, during,
and after pregnancy.
(2) Any pregnant woman choosing to have a child should be
able to do so safely without regard to income, race, ethnicity,
employment status, geographic location, ability, or any other
socio-economic factor. United States policy should support
women's health so that women thrive and newborns have the
maximum chance for a healthy life.
(3) The evidence of serious racial inequities in maternal
and infant mortality, especially between Black women and white
women demonstrates the persistence of racism and racial bias in
our society and health care system. A 2017 systemic review of
implicit bias in health care professionals found that 35
studies found evidence of negative implicit biases towards
people of color among health care professionals. Those biases
were correlated with ``lower quality of care''. Therefore, the
programs authorized by this Act should be specifically deployed
in ways to counter such inequities.
(4) In the next 5 years, the United States should aim to
reduce its overall maternal and infant mortality rates such
that they are no higher than the OECD average. The United
States should dramatically reduce the maternal mortality and
infant mortality inequities between Black and American Indian/
Alaskan Native women and white women.
(5) By advancing evidence-based policies to improve
maternal and infant health outcomes, the United States can work
to reduce and eliminate preventable maternal and infant
mortality and severe maternal morbidity.
SEC. 3. STATE MATERNAL HEALTH INNOVATION.
Title III of the Public Health Service Act is amended by inserting
after section 330P (42 U.S.C. 254c-22) the following:
``SEC. 330Q. STATE MATERNAL HEALTH INNOVATION.
``(a) In General.--The Secretary, acting through the Administrator
of the Health Resources and Services Administration, shall continue in
effect the State Maternal Health Innovation Program and the Supporting
Maternal Health Innovation Program to award competitive grants to
eligible entities for the purpose of assisting States to implement
State-specific actions that address racial, ethnic and geographic
inequities in maternal health and improve maternal health outcomes,
including the prevention and reduction of maternal mortality and severe
maternal morbidity.
``(b) Use of Funds.--An entity receiving a grant under this section
may use such funds--
``(1) to translate recommendations on addressing maternal
mortality and severe maternal morbidity into action through
activities which may include--
``(A) establishing a State- or regional multi-
State-focused Maternal Health Task Force to create and
implement a strategic plan;
``(B) improving the collection, analysis, and
application of State- or regional multi-State-level
data on maternal mortality and severe maternal
morbidity; and
``(C) promoting and executing innovation in
maternal health service delivery, such as improving
access to maternal health care services, identifying
and addressing workforce needs, including maternal
health provider shortages; identifying and addressing
implicit and explicit bias based on race or ethnicity;
or supporting postpartum and inter-pregnancy care
services; or
``(2) to provide support to entities receiving assistance
under paragraph (1), and other initiatives of the Department of
Health and Human Services to improve maternal health outcomes
as the Secretary determines appropriate, States, multi-State
regions and other stakeholders working to reduce and prevent
maternal mortality and severe maternal morbidity through
activities which may include--
``(A) providing capacity-building assistance to
such entities to implement innovative and evidence-
informed strategies; and
``(B) establishing or continuing the operation of a
resource center to provide national guidance to such
entities, States, and key stakeholders to improve
maternal health.
``(c) Alignment of Activities.--An entity carrying out activities
under subsection (b)(1) shall coordinate and align such activities with
the activities to improve maternal health outcomes carried out by such
entities under title V of the Social Security Act.
``(d) Eligible Entities.--To be eligible for a grant under
subsection (a), a domestic public or non-profit private entity, Indian
Tribe, or Tribal serving organization, such as a Tribal health
department or other organization fulfilling similar functions for the
Tribe, shall submit to the Secretary an application at such time, in
such manner, and containing such information as the Secretary may
require. In the case of applicants intending to carry out activities
described in subsection (b)(1), such applicants shall demonstrate in
such application that the entity has a commitment from a State or group
of States to collaborate as part of the project on strengthening State-
level capacity in achieving the program aims.
``(e) Report to Congress.--Not later than January 1, 2027, the
Secretary shall submit to the Committee on Health, Education, Labor,
and Pensions of the Senate and the Committee on Energy and Commerce of
the House of Representatives, and make publicly available, a report
concerning the impact of the programs continued under this section on
addressing inequities in maternal health and improving maternal health
outcomes, including the prevention and reduction of maternal mortality
and severe maternal morbidity, together with recommendations on whether
to expand such programs to additional recipients and the estimated
amount of funds needed to expand such programs.
``(f) Authorization of Appropriations.--To carry out this section,
including carrying out the programs referred to in subsection (a) on a
national basis (subject to the availability of appropriations), there
is authorized to be appropriated $53,000,000 for each of fiscal years
2024 through 2027.''.
SEC. 4. SAFE MOTHERHOOD.
Section 317K of the Public Health Service Act (42 U.S.C. 247b-12)
is amended--
(1) by redesignating subsections (e) and (f) as subsections
(h) and (i), respectively;
(2) by inserting after subsection (d) the following:
``(e) Levels of Maternal and Neonatal Care.--
``(1) In general.--The Secretary, acting through the
Director of the Centers for Disease Control and Prevention,
shall establish or continue in effect a program to award
competitive grants to eligible entities to assist with the
classification of birthing facilities based on the level of
risk-appropriate maternal and neonatal care such entities can
provide in order to strategically improve maternal and infant
care delivery and health outcomes.
``(2) Use of funds.--An eligible entity receiving a grant
under this subsection shall use such funds to--
``(A) coordinate an assessment of the risk-
appropriate maternal and neonatal care of a State,
jurisdiction, or region, based on the most recent
guidelines and policy statements issued by the
professional associations representing relevant
clinical specialties, including obstetrics and
gynecology and pediatrics; and
``(B) work with relevant stakeholders, such as
hospitals, hospital associations, perinatal quality
collaboratives, members of the communities most
affected by racial, ethnic, and geographic maternal
health inequities, maternal mortality review
committees, and maternal and neonatal health care
providers and community-based birth workers to review
the findings of the assessment made of activities
carried out under paragraph (1) and implement changes,
as appropriate, based on identified gaps in perinatal
services and differences in maternal and neonatal
outcomes in the State, jurisdiction, or region for
which such an assessment was conducted to support the
provision of risk-appropriate care.
``(3) Eligible entities.--To be eligible for a grant under
this subsection, a State health department, Indian Tribe or
other Tribal serving organization, such as a Tribal health
department or other organization fulfilling similar functions
for the Tribe, shall submit to the Secretary an application at
such time, in such manner, and containing such information as
the Secretary may require.
``(4) Period.--A grant awarded under this subsection shall
be made for a period of 3 years. Any supplemental award made to
a grantee under this subsection may be made for a period of
less than 3 years.
``(5) Report to congress.--Not later than January 1, 2026,
the Secretary shall submit to the Committee on Health,
Education, Labor, and Pensions of the Senate and the Committee
on Energy and Commerce of the House of Representatives, and
make publicly available, a report concerning the impact of the
programs established or continued under this subsection.
``(f) Pregnancy Checkbox Quality Assurance.--
``(1) In general.--The Secretary, acting through the
Director of the Centers for Disease Control and Prevention, may
establish or continue a program to award competitive grants and
provide technical assistance to eligible entities to implement
a quality assurance process to improve the validity of the
pregnancy checkbox data from death certificates.
``(2) Use of funds.--Eligible entities receiving a grant
under this subsection shall use grant funds to implement a
quality assurance process to improve the validity of the
pregnancy checkbox data from death certificates in the State or
within the Indian Tribe. Activities funded under the grant may
include the following:
``(A) Reviewing death certificates for women of
reproductive age and individuals with a pregnancy
checkbox marked.
``(B) Attempting to confirm the pregnancy of a
decedent by searching for a matching birth or fetal
death record (or other matching state administrative
data source), contacting the death certifier, or
reviewing the medical record.
``(C) Amending death certificates or death record
files, as appropriate, and sending the updated file to
the National Center for Health Statistics.
``(D) Providing training to death certifiers about
completing the death certificate.
``(E) Building awareness among death certifiers and
health department staff about the pregnancy checkbox.
``(F) Coordinating quality assurance activities
among State maternal and child health programs, State
vital records offices, and maternal mortality review
committee members and abstractors.
``(3) Eligible entities.--To be eligible for a grant under
this subsection, a State health department, Indian Tribe, or
other Tribal serving organization, such as a Tribal health
department or other organization fulfilling similar functions
for the Tribe, shall submit to the Secretary an application at
such time, in such manner, and containing such information as
the Secretary may require.
``(4) Report to congress.--Not later than January 1, 2026,
the Secretary shall submit to the Committee on Health,
Education, Labor, and Pensions of the Senate and the Committee
on Energy and Commerce of the House of Representatives, and
make publicly available, a report concerning the impact of the
programs established or continued under this subsection.''; and
(3) in subsection (i) (as so redesignated), by striking
``$58,000,000 for each of fiscal years 2019 through 2023'' and
inserting ``$81,000,000 for each of fiscal years 2024 through
2026''.
SEC. 5. PREGNANCY RISK ASSESSMENT MONITORING SYSTEM.
Section 317K of the Public Health Service Act (42 U.S.C. 247b-12)
is amended by inserting after subsection (f) (as added by section 4)
the following:
``(g) Pregnancy Risk Assessment Monitoring System.--
``(1) In general.--The Secretary, acting through the
Director of the Centers for Disease Control and Prevention, may
establish or continue activities to collect data on maternal
attitudes and experiences during the prepregnancy, pregnancy,
labor and delivery, and postpartum periods. The Secretary may
expand data collection to all States, Indian Tribes, and
territories, and to the extent practicable, compile and publish
population-based findings on the health and well-being of
women, mothers and infants.
``(2) Enhanced surveillance activities and technical
assistance.--The Secretary, acting through the Director of the
Centers for Disease Control and Prevention may support enhanced
surveillance activities and provide technical assistance to
States and Indian Tribes to improve data collection and ensure
an adequate representation of racial, ethnic and other
communities of color in related datasets.''.
SEC. 6. POSTPARTUM CARE COORDINATION PILOT PROGRAM.
Title III of the Public Health Service Act is amended by inserting
after section 330Q (as added by section 3) the following:
``SEC. 330R. POSTPARTUM CARE COORDINATION PILOT PROGRAM.
``(a) In General.--The Secretary, acting through the Administrator
of the Health Resources and Services Administration, and in
consultation with experts representing a variety of clinical
specialties, including obstetrics and gynecology, State, Tribal, or
local public health officials, and in coordination with existing
efforts to address postpartum care, including activities conducted
under section 330H, shall establish a program to award competitive
grants to not more than 10 eligible entities for the purpose of--
``(1) identifying and disseminating best practices to
improve care and outcomes for women, including women with
chronic health conditions prepregnancy and those with ongoing
pregnancy-related conditions, in the postpartum period of at
least one year following birth, which may include--
``(A) information on evidence-based and evidence-
informed practices to improve the quality of care;
``(B) best practices for connecting women to
primary or specialized care, including behavioral
health services, in the postpartum period;
``(C) information on addressing social and clinical
determinants of health that impact women in the
postpartum period; and
``(D) information on the most appropriate course of
care during the postpartum period, including continued
access to maternity care providers and ways to
strengthen capabilities of primary care providers and
specialists, including cardiologists and
endocrinologists to recognize and treat conditions that
may result from or be exacerbated by pregnancy;
``(2) collaborating with State-based maternal mortality
review committees, State-based perinatal quality care
collaboratives and other relevant initiatives to--
``(A) identify risk factors and systems issues for
the development of best practices; and
``(B) disseminate best practices;
``(3) providing technical assistance and supporting the
implementation of best practices identified in paragraph (1) to
entities and providers providing health care and social support
services to postpartum women;
``(4) identifying, developing, and evaluating new models of
care that improve maternal health outcomes, which may include
the integration of community-based services, behavioral health,
and clinical care, including interprofessional education for
team-based care; and
``(5) developing condition-specific consumer materials
directed toward women to help them better manage their physical
and behavioral health in the postpartum period.
``(b) Eligible Entities.--To be eligible for a grant under
subsection (a), an entity shall--
``(1) submit to the Secretary an application at such time,
in such manner, and containing such information as the
Secretary may require; and
``(2) demonstrate in such application that the entity is
capable of carrying out data-driven maternal safety and quality
improvement initiatives in the areas of obstetrics and
gynecology or maternal health.
``(c) Report to Congress.--Not later than January 1, 2028, the
Secretary shall submit to the Committee on Health, Education, Labor,
and Pensions of the Senate and the Committee on Energy and Commerce of
the House of Representatives, and make publicly available, a report
concerning the impact of the programs established or continued under
this section.
``(d) Authorization of Appropriations.--To carry out this section,
there is authorized to be appropriated $5,000,000 for each of fiscal
years 2024 through 2028.''.
SEC. 7. MATERNAL HEALTH RESEARCH NETWORK.
Subpart 7 of part C of title IV of the Public Health Service Act
(42 U.S.C. 285g et seq.) is amended by adding at the end the following:
``SEC. 452H. MATERNAL HEALTH RESEARCH NETWORK.
``(a) Establishment.--The Secretary, acting through the Director of
the National Institutes of Health, shall establish a National Maternal
Health Research Network (referred to in this section as the `Network'),
to more effectively support innovative research to reduce maternal
mortality and promote maternal health.
``(b) Activities.--The Secretary, acting through the Network, may
carry out activities to support mechanistic, translational, clinical,
behavioral, or epidemiologic research, as well as community-informed
research on structural risk factors to address unmet maternal health
research needs specific to the underlying causes of maternal mortality
and severe maternal morbidity and their treatment. Such activities
should be focused on optimizing improved diagnostics and clinical
treatments, improving health outcomes, and reducing inequities.
``(c) Existing Networks.--In carrying out this section, the
Secretary may utilize or coordinate with the Maternal Fetal Medicine
Units Network and the Obstetric-Fetal Pharmacology Research Centers
Network.
``(d) Use of Funds.--Amounts appropriated to carry out this section
may be used to support the Network for activities related to maternal
mortality or severe maternal morbidity that lead to potential therapies
or clinical practices that will improve maternal health outcomes and
reduce inequities. Amounts provided to such Network shall be used to
supplement, and not supplant, other funding provided to such Network
for such activities.
``(e) Authorization of Appropriations.--To carry out this section,
there is authorized to be appropriated $50,000,000 for each of fiscal
years 2024 through 2028.''.
SEC. 8. TELEHEALTH DEMONSTRATION PROGRAM.
Section 330A of the Public Health Service Act (42 U.S.C. 254c) is
amended--
(1) by redesignating subsections (h) through (j) as
subsections (i) through (k), respectively; and
(2) by inserting after subsection (g), the following:
``(h) Telehealth Demonstration Program.--
``(1) In general.--The Secretary, acting through the
Administrator of the Health Resources and Services
Administration, shall continue in effect the Rural Maternity
and Obstetrics Management Strategies (RMOMS) Program to award
competitive grants to eligible entities for the purpose of
improving access to, and continuity of, maternal and obstetrics
care in rural communities.
``(2) Use of funds.--An entity receiving a grant under this
subsection shall use grant funds to develop a sustainable
consortium approach to coordinate maternal and obstetrics care
within a rural region--
``(A) through a focus on--
``(i) rural regional approaches to risk
appropriate care;
``(ii) an approach to coordinating a
continuum of care for prepregnancy, pregnancy,
labor and delivery, postpartum, and
interpregnancy services;
``(iii) leveraging telehealth and specialty
care to enhance case management of higher-risk
expectant mothers living in geographically
isolated areas; and
``(iv) demonstrating financial
sustainability through improved maternal and
neonatal outcomes and potential cost savings;
and
``(B) by testing and improving upon strategies to
improve access to, and continuity of, obstetrics care
in rural communities and reduce geographic inequities
in maternal health through the use of data and outcome
measures spanning the continuum of care from
prepregnancy through pregnancy, labor, delivery, and
the postpartum period.
``(3) Eligible entities.--To be eligible for a grant under
paragraph (1), a domestic public or non-profit private entity,
including Indian Tribes, and Tribal serving organizations such
as a Tribal health department or other organization fulfilling
similar functions for the Tribe, shall--
``(A) submit to the Secretary an application at
such time, in such manner, and containing such
information as the Secretary may require;
``(B) propose to carry out activities that
exclusively target populations residing in rural
counties or rural census tracts in urban counties as
designated by the Health Resources and Services
Administration; and
``(C) demonstrate a formal arrangement among a
consortium of three or more entities, including the
applicant, to build a rural based system of perinatal
and maternal care.
``(4) Report to congress.--Not later than January 1, 2026,
the Secretary shall submit to the Committee on Health,
Education, Labor, and Pensions of the Senate and the Committee
on Energy and Commerce of the House of Representatives, and
make publicly available, a report concerning the impact of the
programs continued under this subsection together with
recommendations on whether to expand such programs and the
estimated amount of funds needed to expand such programs.
``(5) Authorization of appropriations.--To carry out this
subsection, there is authorized to be appropriated $12,000,000
for each of fiscal years 2024 through 2026.''.
SEC. 9. PUBLIC AND PROVIDER AWARENESS CAMPAIGN PROMOTING MATERNAL AND
CHILD HEALTH.
(a) In General.--The Secretary of Health and Human Services, acting
through the Director of the Centers for Disease Control and Prevention,
and in coordination with State, local, territorial, health departments,
Indian Tribes, Tribal serving organizations, public health experts and
associations, the medical and allied professional community, and
minority health organizations, shall award competitive grants to
eligible entities to establish a national evidence-based public and
provider awareness campaign on the importance of maternal and child
health, including identifying and responding to maternal health warning
signs and vaccinations for the health of pregnant women and their
children, with the goal of increasing vaccination rates among pregnant
women and children, reducing racism and racial, ethnic, and geographic
inequities in maternal and child health, and reducing maternal
mortality and severe maternal morbidity.
(b) Use of Funds.--An entity receiving a grant under this section
shall use grant funds to supplement, not supplant, any Federal, State,
or local funds supporting the establishment of a national evidence-
based public and provider awareness campaign with all resources in an
accessible format that--
(1) increases awareness and knowledge of maternal health
warning signs and how to respond to those signs as well as the
safety and effectiveness of vaccines for pregnant women and
their children;
(2) provides targeted evidence-based, culturally- and
linguistically-appropriate resources to pregnant women,
particularly in communities with low rates of vaccination and
in rural and underserved areas; and
(3) provides evidence-based information and resources on
the importance of maternal and child health, including maternal
health warning signs and the safety of vaccinations for
pregnant women and their children to public health departments
and health care providers that care for pregnant women.
(c) Eligible Entities.--To be eligible for a grant under this
section, a public or private entity shall submit to the Secretary of
Health and Human Services an application at such time, in such manner,
and containing such information as the Secretary may require.
(d) Collaboration.--The Secretary of Health and Human Services
shall ensure that the information and resources developed for the
campaign under this section are disseminated to other divisions of the
Department of Health and Human Services working to improve maternal and
child health outcomes.
(e) Evaluation.--Not later than January 1, 2027, the Secretary of
Health and Human Services shall establish quantitative and qualitative
metrics to evaluate the campaign under this section and shall submit a
report detailing the campaign's impact to the Committee on Health,
Education, Labor, and Pensions of the Senate and the Committee on
Energy and Commerce of the House of Representatives.
(f) Authorization of Appropriations.--To carry out this section,
there is authorized to be appropriated $2,000,000 for each of fiscal
years 2024 through 2028.
<all>
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118S965
|
Success for Rural Students and Communities Act of 2023
|
[
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"C001035",
"Sen. Collins, Susan M. [R-ME]",
"sponsor"
],
[
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"Sen. Hassan, Margaret Wood [D-NH]",
"cosponsor"
],
[
"C001056",
"Sen. Cornyn, John [R-TX]",
"cosponsor"
],
[
"S001203",
"Sen. Smith, Tina [D-MN]",
"cosponsor"
]
] |
<html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 965 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 965
To establish a rural postsecondary and economic development grant
program.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
March 23, 2023
Ms. Collins (for herself, Ms. Hassan, Mr. Cornyn, and Ms. Smith)
introduced the following bill; which was read twice and referred to the
Committee on Health, Education, Labor, and Pensions
_______________________________________________________________________
A BILL
To establish a rural postsecondary and economic development grant
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 ``Success for Rural Students and
Communities Act of 2023''.
SEC. 2. RURAL POSTSECONDARY AND ECONOMIC DEVELOPMENT GRANT PROGRAM.
Part Q of title VIII of the Higher Education Act of 1965 (20 U.S.C.
1161q) is amended by adding at the end the following:
``SEC. 862. RURAL POSTSECONDARY AND ECONOMIC DEVELOPMENT GRANT PROGRAM.
``(a) Purposes.--The purposes of this section are to--
``(1) increase enrollment and graduation rates of secondary
school graduates and nontraditional students from rural areas
at 2-year and 4-year institutions of higher education, their
articulation from 2-year degree programs into 4-year degree
programs, and their attainment of market-relevant credentials
and certificates;
``(2) ensure rural communities benefit from their students'
success by advancing rural economic development and cultivation
of a skilled local workforce with employment opportunities for
college graduates;
``(3) promote economic growth and development in the rural
United States through partnership grants to consortia of rural
serving institutions of higher education, local educational
agencies, and regional economic development entities;
``(4) foster innovation and development of effective
practices, identify and document effective practices for the
purpose of continuous quality improvement, and ensure that
additional rural areas benefit from innovations through
dissemination of practices that are most effective in rural
areas; and
``(5) foster elevated levels of investment in rural
students and communities by State, private sector, and
philanthropic partners.
``(b) Definitions.--For the purposes of this section:
``(1) Nontraditional student.--The term `nontraditional
student' means an individual who--
``(A) delays enrollment in an institution of higher
education by 3 or more years after secondary school
graduation;
``(B) attends an institution of higher education
part-time; or
``(C) attends an institution of higher education
and--
``(i) works full-time;
``(ii) is an independent student, as
defined in section 480;
``(iii) has 1 or more dependents other than
a spouse;
``(iv) is a single parent or is the primary
caregiver for a family member;
``(v) is aging out of foster care;
``(vi) has been involved in the juvenile
justice system or the adult criminal justice
system; or
``(vii) is in recovery from a substance use
disorder.
``(2) Regional economic development entity.--The term
`regional economic development entity' means an entity working
to promote economic development in, or employing residents of,
a rural area, which may include local boards (as defined in
section 3 of the Workforce Innovation and Opportunity Act),
Chambers of Commerce, and employers in the rural region covered
by the grant.
``(3) Rural area.--The term `rural area' means an area that
is defined, identified, or otherwise recognized as rural by a
governmental agency of the State in which the area is located.
``(4) Rural serving institution of higher education.--The
term `rural serving institution of higher education' means an
institution of higher education that serves rural areas.
``(c) Eligible Partnership.--
``(1) Eligible partnership.--A partnership eligible to
apply for a grant and carry out activities under this section
(referred to in this section as an `eligible partnership')
shall include partners representing not less than 3 of the
following types of organizations:
``(A) A local educational agency or educational
service agency (as such term is defined in section 8101
of the Elementary and Secondary Education Act of 1965)
serving a rural area.
``(B) An institution of higher education.
``(C) A regional economic development entity.
``(D) A rural community-serving organization,
including a philanthropy, with demonstrated success
supporting rural students in accessing higher education
and attaining 2-year or 4-year degrees, including
supporting students articulating from a 2-year to a 4-
year college.
``(2) Optional partners.--Other organizations serving rural
students, families, or communities, including agencies of
Tribal, State, or local government, community action agencies,
or other non-governmental agencies, and local elected officials
may participate in the eligible partnership as optional
partners.
``(3) Lead applicant.--Any required partner in an eligible
partnership described in paragraph (1) may be designated by the
eligible partnership to serve as the lead applicant and submit
a competitive application on behalf of the eligible partnership
of which that partner entity is a member.
``(4) Limitation.--No more than 1 partner may submit a
grant application under this section on behalf of an eligible
partnership.
``(d) Grants Authorized.--
``(1) In general.--From amounts made available under
subsection (j), the Secretary may award grants, on a
competitive basis, to eligible partnerships to carry out the
activities described in subsection (f).
``(2) Duration.--A grant awarded under this section shall
be awarded for a period of not less than 5 years and not more
than 9 years.
``(3) Minimum grants.--A grant awarded under this section
shall be in an amount not less than $1,000,000.
``(e) Applications.--
``(1) In general.--Each eligible partnership desiring a
grant under this section shall submit to the Secretary an
application at such time, in such manner, and containing such
information as the Secretary may reasonably require.
``(2) Special considerations.--In awarding grants under
this section, the Secretary shall give special consideration to
applications that demonstrate the most potential and propose
the most promising and innovative approaches for--
``(A) increasing the number and percentage of
graduates from rural secondary schools who enroll in
and graduate from institutions of higher education;
``(B) increasing the number of market-relevant
credentials and certificates awarded to students in
rural communities;
``(C) meeting the employment needs of regional
employers;
``(D) strengthening the regional economy of a rural
area;
``(E) utilizing Labor Market Information data to
determine regional job growth opportunities and connect
that information to education and other partners; and
``(F) creating shared data systems accessible to
all partners.
``(f) Match.--As part of the application, each eligible partnership
applying for a grant under this section shall secure and document
commitments of matching funds, in cash or in kind, totaling not less
than 20 percent of the amount of grant funding that the eligible
partnership is requesting in the application. Matching funds may be
contributed from any non-Federal source, including a State, local,
private, nonprofit, or philanthropic source.
``(g) Use of Funds.--An eligible partnership that receives a grant
under this section shall use grant and matching funds to carry out not
less than 2 of the following 4 activities:
``(1) Improving postsecondary enrollment rates for rural
secondary school students by providing supports to students,
beginning as early as middle school, but in no case later than
grade 11, and continuing through completion of postsecondary
education. Such supports may include--
``(A) providing students and families with
counseling related to applying for postsecondary
education, and Federal and State financial assistance
for postsecondary education;
``(B) providing students at rural high schools, and
their families, with exposure and access to campuses,
courses, programs, and internships of institutions of
higher education, including covering the cost of
transportation to and from such institutions;
``(C) providing students of rural high schools
exposure and access to courses offering dual or
concurrent enrollment that will earn credits towards
postsecondary degrees, credentials, or certificates;
``(D) supporting early connectivity to regional
employment opportunities for rural students, including
early opportunities for career exploration and
exposure, expanding career counseling and opportunities
for work-based learning experiences, opportunities
available through career and technical education
schools, and designing and implementing college and
career pathways in secondary schools that align to
local labor market demands;
``(E) supporting the transition of students from
high school to postsecondary education;
``(F) supporting students in completing their
postsecondary degree or credential;
``(G) supporting the transition of students
articulating from 2-year degree programs to 4-year
degree programs; and
``(H) other initiatives that assist students and
families in developing interest in, applying for,
attending, and graduating from rural serving
institutions of higher education.
``(2) Increasing enrollment and completion rates of rural
nontraditional students in degree programs at institutions of
higher education, which may include--
``(A) programs to provide nontraditional students
with counseling related to applying for postsecondary
education, and Federal and State financial assistance
for postsecondary education;
``(B) community outreach initiatives to encourage
nontraditional students to enroll in an institution of
higher education;
``(C) programs to increase rural nontraditional
student persistence in and completion of postsecondary
education; or
``(D) programs to improve the enrollment of
nontraditional students in 2-year degree programs and
the transition of nontraditional students articulating
from 2-year degree programs to 4-year degree programs.
``(3) Creating or strengthening academic programs at rural
serving institutions of higher education to prepare graduates
to enter into high-need occupations in the regional and local
economies, and to provide additional career training to such
students in fields relevant to the regional economy. Such
activities may include--
``(A) developing and expanding work-based learning
opportunities, such as apprenticeships or paid
internships, including covering the cost of
transportation or the cost of internet access for
virtual opportunities;
``(B) establishing policies and processes for
assessing and awarding course credit for prior
learning;
``(C) developing and expanding programs that
accelerate learning and recognized postsecondary
credential attainment, including competency-based
education, corequisite remediation, and other
strategies for acceleration;
``(D) developing and expanding efficient career
pathways to credentials, including the development of
stackable credentials and integrated education and
training strategies;
``(E) working with local boards on the use of labor
market information for making program decisions; or
``(F) engaging employers in the development of
programs and curricula.
``(4) Generating local and regional economic development
that creates employment opportunities for rural students with
postsecondary degrees, which may include--
``(A) promoting and incentivizing remote work
opportunities to connect local talent with non-local
employers;
``(B) supporting entrepreneurship as a part of
career pathways in secondary school and postsecondary
academic and career programs;
``(C) developing strategies to address
transportation and internet connectivity gaps that
create barriers to employment opportunities in rural
areas;
``(D) designing and implementing marketing efforts
to attract employers and talent to the region or
community; or
``(E) developing strategies to identify start-up
funding for local entrepreneurs.
``(h) Technical Assistance.--The Secretary may reserve not more
than 5 percent of funds authorized to be appropriated to carry out this
section to provide technical assistance to assist eligible partnerships
in preparing and submitting successful applications, and to support
grantees in the successful implementation of grant awards under this
section.
``(i) Research, Evaluation, and Dissemination of Promising
Practices.--
``(1) Ongoing data collection and research.--The Secretary
shall reserve not less than 10 percent of the amount
appropriated to carry out this section for the purpose of--
``(A) ongoing data collection and research to--
``(i) identify innovative practices that
improve attainment of market-relevant
credentials, certificates, and degrees for
rural students; or
``(ii) enhance rural economic development
that results in employment opportunities for
graduates of postsecondary education in rural
areas; and
``(B) dissemination of the findings related to that
data collection and research on a regular basis
throughout the duration of the grant period.
``(2) Data collection and research by grantees.--At the
Secretary's discretion, data collection and research under this
subsection may be conducted by eligible partnerships.
``(3) Purpose; prohibited use.--
``(A) In general.--The purpose of data collection
and research under this subsection shall be to
identify, document, and disseminate effective practices
throughout the duration of the grant period in order to
support continuous quality improvement of programs
funded under this section.
``(B) Prohibited use.--To incentivize innovation,
experimentation, and collaboration, findings that
result from data collection and research under this
subsection shall not be used for the purpose of denying
subsequent applications for Federal funds.
``(j) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section $60,000,000 for fiscal year 2024
and each of the 5 succeeding fiscal years.''.
<all>
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|
118S966
|
Northwest Energy Security Act
|
[
[
"R000584",
"Sen. Risch, James E. [R-ID]",
"sponsor"
],
[
"D000618",
"Sen. Daines, Steve [R-MT]",
"cosponsor"
],
[
"C000880",
"Sen. Crapo, Mike [R-ID]",
"cosponsor"
]
] |
<p><b>Northwest Energy Security Act</b></p> <p>This bill requires Federal Columbia River Power System (FCRPS) operations to be consistent with a specified decision. The system includes dams in the Columbia and Snake rivers in the Pacific Northwest.</p> <p> Specifically, the Bureau of Reclamation, the Bonneville Power Administration, and the U.S. Army Corps of Engineers must operate the FCRPS consistent with the Columbia River System Operations Environmental Impact Statement Record of Decision dated September 2020. The preferred alternative outlined in that decision would allow specified dams in the lower Snake River to remain in place.</p> <p>The decision may be amended if each agency determines that (1) changes are necessary for public safety or electrical grid reliability, or (2) certain requirements in the decision are no longer necessary.</p> <p>Further, the bill requires statutory authorization for any structural modification, action, study, or engineering plan that (1) restricts FCRPS hydroelectric dam generation; or (2) limits navigation on the Snake River in Washington, Oregon, or Idaho.</p>
|
<html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 966 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 966
To provide for operations of the Federal Columbia River Power System
pursuant to a certain operation plan for a specified period of time,
and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
March 23, 2023
Mr. Risch (for himself and Mr. Daines) introduced the following bill;
which was read twice and referred to the Committee on Environment and
Public Works
_______________________________________________________________________
A BILL
To provide for operations of the Federal Columbia River Power System
pursuant to a certain operation plan for a specified period of time,
and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
The Act may be cited as the ``Northwest Energy Security Act''.
SEC. 2. DEFINITIONS.
In this Act:
(1) FCRPS.--The term ``FCRPS'' means those portions of the
Federal Columbia River Power System that are the subject of the
Supplemental Opinion.
(2) Secretaries.--The term ``Secretaries'' means--
(A) the Secretary of the Interior, acting through
the Commissioner of Reclamation;
(B) the Secretary of Energy, acting through the
Administrator of the Bonneville Power Administration;
and
(C) the Secretary of the Army, acting through the
Chief of Engineers.
(3) Supplemental opinion.--The term ``Supplemental
Opinion'' means the document entitled ``Columbia River System
Operations Environmental Impact Statement Record of Decision''
and dated September 2020.
SEC. 3. OPERATION OF FCRPS.
The Secretaries shall operate the FCRPS in a manner consistent with
the reasonable and prudent alternative described in the Supplemental
Opinion.
SEC. 4. AMENDMENTS TO SUPPLEMENTAL OPINION.
(a) In General.--Notwithstanding section 3, the Secretaries may
amend portions of the Supplemental Opinion and operate the FCRPS in
accordance with those amendments if all of the Secretaries determine,
in the sole discretion of each Secretary, that--
(1) the amendment is necessary for public safety or
transmission and grid reliability; or
(2) the actions, operations, or other requirements that the
amendment would remove are no longer warranted.
(b) Restriction on Amendments.--The process described in subsection
(a) shall be the only method by which the Secretaries may operate the
FCRPS in any way that is not consistent with the reasonable and prudent
alternative set forth in the Supplemental Opinion.
SEC. 5. LIMITATION ON RESTRICTING FCRPS ELECTRICAL GENERATION;
CLARIFICATION.
(a) Restricting FCRPS Electrical Generation.--No structural
modification, action, study, or engineering plan that restricts
electrical generation at any FCRPS hydroelectric dam, or that limits
navigation on the Snake River in the State of Washington, Oregon, or
Idaho, shall proceed unless such proposal is specifically and expressly
authorized by a Federal statute enacted after the date of the enactment
of this Act.
(b) Clarification.--Nothing in this section affects or interferes
with the authority of the Secretaries to conduct operation and
maintenance activities or make capital improvements necessary to meet
authorized project purposes of FCRPS facilities.
<all>
</pre></body></html>
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118S967
|
No CBDC Act
|
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] |
<html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 967 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 967
To amend the Federal Reserve Act to limit the ability of Federal
Reserve banks to issue central bank digital currency.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
March 23, 2023
Mr. Lee (for himself, Mr. Braun, and Mr. Cruz) introduced the following
bill; which was read twice and referred to the Committee on Banking,
Housing, and Urban Affairs
_______________________________________________________________________
A BILL
To amend the Federal Reserve Act to limit the ability of Federal
Reserve banks to issue central bank digital currency.
Be it enacted by the Senate 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 Central Bank Digital Currency
Act'' or the ``No CBDC Act''.
SEC. 2. CENTRAL BANK DIGITAL CURRENCY.
Section 13 of the Federal Reserve Act is amended by adding after
the 14th undesignated paragraph (12 U.S.C. 347d) the following:
``No Federal reserve bank, the Board, the Secretary of the
Treasury, any other agency, or any entity directed to act on
behalf of the Federal reserve bank, the Board, the Secretary,
or other agency, may mint or issue a central bank digital
currency directly to an individual (including central bank
digital currency issued to an individual through a custodial
intermediary) or a digital currency intermediary, offer related
products or services directly to an individual, or maintain an
account on behalf of an individual (including an account in a
specially designated account at a digital currency intermediary
or supervised commercial bank). No Federal reserve bank may
hold digital currencies minted or issued by the United States
Government as assets or liabilities on a balance sheet of the
bank or use such digital currencies as part of fulfilling the
requirements under section 2A.''.
<all>
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|
118S968
|
Keep China Out of Solar Energy Act of 2023
|
[
[
"S001217",
"Sen. Scott, Rick [R-FL]",
"sponsor"
],
[
"H001089",
"Sen. Hawley, Josh [R-MO]",
"cosponsor"
],
[
"R000595",
"Sen. Rubio, Marco [R-FL]",
"cosponsor"
],
[
"C001095",
"Sen. Cotton, Tom [R-AR]",
"cosponsor"
]
] |
<p><strong>Keep China Out of Solar Energy Act of 2023</strong></p> <p>This bill prohibits federal procurement of solar panels manufactured or assembled in China.</p> <p>Specifically, the bill directs the Office of Management and Budget (OMB) to develop standards and guidelines for executive agencies to prohibit (1) federal funds from being awarded for the procurement of solar panels that are manufactured or assembled by any entity domiciled in China or subject to influence or control by the government of China or the Chinese Communist Party, and (2) the use of government-issued purchase cards to purchase solar panels that are manufactured or assembled by any such entity.</p> <p>The Federal Acquisition Regulatory Council shall amend the Federal Acquisition Regulation to implement the prohibition with respect to federal contracts and subcontracts.</p> <p>The bill sets forth provisions regarding waivers, quarterly reports by the OMB to Congress, and a report by the Government Accountability Office.</p> <p>The OMB shall seek to enter into a contract with a federally funded research and development center under which the center will study (1) the current and future domestic market of solar panel production, (2) the ability of the solar panel domestic market to keep pace with technological advancements across the industry, and (3) the current global supply chain and workforce involved with solar panel production. </p>
|
<html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 968 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 968
To prohibit the procurement of solar panels manufactured or assembled
in the People's Republic of China.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
March 23, 2023
Mr. Scott of Florida (for himself, Mr. Hawley, Mr. Rubio, and Mr.
Cotton) introduced the following bill; which was read twice and
referred to the Committee on Homeland Security and Governmental Affairs
_______________________________________________________________________
A BILL
To prohibit the procurement of solar panels manufactured or assembled
in the People's Republic of China.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Keep China Out of Solar Energy Act
of 2023''.
SEC. 2. PROHIBITION ON PROCUREMENT OF SOLAR PANELS FROM COVERED FOREIGN
ENTITIES.
(a) In General.--Not later than 180 days after the date of the
enactment of this Act, the Director of the Office of Management and
Budget, in consultation with the Administrator of General Services,
shall develop standards and guidelines for executive agencies to--
(1) prohibit Federal funds from being awarded by contract,
subcontract, grant, or subgrant for the procurement of solar
panels that are manufactured or assembled by a covered entity;
and
(2) prohibit the use of Government-issued purchase cards to
purchase solar panels that are manufactured or assembled by a
covered entity.
(b) Amendment of Federal Acquisition Regulation.--Not later than
180 days after the date of the enactment of this Act, the Federal
Acquisition Regulatory Council shall amend the Federal Acquisition
Regulation to implement the prohibition established pursuant to
subsection (a)(1) with respect to Federal contracts and subcontracts.
SEC. 3. EXEMPTION WAIVER.
(a) In General.--The head of an executive agency may obtain a
waiver from the prohibition implemented pursuant to section 2 if the
agency head certifies to the Secretary of State and the Secretary of
Homeland Security that the covered entity is the only viable source for
the solar panels and the Secretary of State and the Secretary of
Homeland Security jointly approve the waiver request.
(b) Notification Requirements.--
(1) In general.--The head of an agency requesting a waiver
under this section shall notify the Director of the Office of
Management and Budget of the request. The Director of the
Office of Management and Budget shall submit to the appropriate
congressional committees a quarterly report listing requests
listing under subsection (a), including whether each such
request was approved or rejected.
(2) Appropriate congressional committees.--In this
subsection, the term ``appropriate congressional committees''
means--
(A) the Committee on Foreign Relations and the
Committee on Homeland Security and Governmental Affairs
of the Senate; and
(B) the Committee on Foreign Affairs and the
Committee on Oversight and Reform of the House of
Representatives.
SEC. 4. COMPTROLLER GENERAL REPORT.
Not later than 275 days after the date of the enactment of this
Act, the Comptroller General of the United States shall submit to
Congress a report on the amount of solar panels procured by Federal
departments and agencies from covered entities.
SEC. 5. STUDY.
(a) Independent Study.--Not later than one year after the date of
the enactment of this Act, the Director of the Office of Management and
Budget shall seek to enter into a contract with a federally funded
research and development center under which the center will conduct a
study of--
(1) the current and future domestic market of solar panel
production;
(2) the ability of the solar panel domestic market to keep
pace with technological advancements across the industry; and
(3) the current global supply chain and workforce involved
with solar panel production.
(b) Submission to Congress.--Not later than 30 days after the date
on which the Director of the Office of Management and Budget receives
the study under subsection (b), the Director shall submit the study
to--
(1) the Committee on Homeland Security and Governmental
Affairs and the Committee on Energy and Natural Resources of
the Senate; and
(2) the Committee on Homeland Security, the Committee on
Oversight and Reform, and the Committee on Energy and Commerce
of the House of Representatives.
SEC. 6. DEFINITIONS.
In this Act:
(1) Covered entity.--The term ``covered entity'' means any
entity domiciled in the People's Republic of China or subject
to influence or control by the Government of the People
Republic of China or the Communist Party of the People's
Republic of China, as determined by the Secretary of Homeland
Security.
(2) Executive agency.-- The term ``executive agency'' has
the meaning given the term in section 133 of title 41, United
States Code.
(3) Solar panel.--The term ``solar panel'' means
crystalline silicon photovoltaic (PV) cells and modules.
<all>
</pre></body></html>
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[
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118S969
|
Quantum in Practice Act
|
[
[
"Y000064",
"Sen. Young, Todd [R-IN]",
"sponsor"
],
[
"W000790",
"Sen. Warnock, Raphael G. [D-GA]",
"cosponsor"
],
[
"H001076",
"Sen. Hassan, Margaret Wood [D-NH]",
"cosponsor"
],
[
"T000250",
"Sen. Thune, John [R-SD]",
"cosponsor"
]
] |
<html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 969 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 969
To amend the National Quantum Initiative Act to make certain additions
relating to quantum modeling and simulation, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
March 23, 2023
Mr. Young (for himself and Mr. Warnock) introduced the following bill;
which was read twice and referred to the Committee on Commerce,
Science, and Transportation
_______________________________________________________________________
A BILL
To amend the National Quantum Initiative Act to make certain additions
relating to quantum modeling and simulation, and for other 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 ``Quantum in Practice Act''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) Quantum computing has the potential to spur
advancements in molecular modeling and simulation that will
benefit people in the United States.
(2) Quantum molecular simulations and modeling will enable
scientists to study chemical elements and reactions with
accuracy and speed that is far beyond the abilities of existing
supercomputers.
(3) Advances in molecular simulations and modeling would
give researchers tools that could lead to breakthroughs across
industries and sectors, including--
(A) modeling the nitrogen fixation process utilized
by bacteria, which could be used to develop synthetic
fertilizers without the high energy and material costs
of current methods, creating the next generation of
fertilizers;
(B) creating more effective medications and
reducing harmful interactions or side effects;
(C) developing new materials to increase energy
storage capacity and create more powerful battery
technologies;
(D) developing lighter, stronger metals;
(E) creating materials for more durable protective
gear for law enforcement and military; and
(F) developing new types of superconductors.
SEC. 3. QUANTUM MODELING AND SIMULATION.
(a) Definition of Quantum Information Science.--Section 2(6) of the
National Quantum Initiative Act (15 U.S.C. 8801(6)) is amended by
inserting ``modeling, simulation,'' after ``computing,''.
(b) Quantum Information Science Research Program.--Section
401(b)(3) of such Act (15 U.S.C. 8851(b)(3)) is amended--
(1) in subparagraph (F), by striking ``; and'' and
inserting a semicolon;
(2) in subparagraph (G), by striking the semicolon and
inserting ``; and''; and
(3) by adding at the end the following:
``(H) quantum molecular modeling or simulation;''.
<all>
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118S97
|
A bill to establish procedures for the removal of the Architect of the Capitol.
|
[
[
"K000367",
"Sen. Klobuchar, Amy [D-MN]",
"sponsor"
],
[
"F000463",
"Sen. Fischer, Deb [R-NE]",
"cosponsor"
]
] |
<p>This bill provides for the removal of the Architect of the Capitol through impeachment or through a joint resolution of Congress. The grounds for removal through a joint resolution are limited to permanent disability, inefficiency, neglect of duty, malfeasance, or a felony or conduct involving moral turpitude.</p>
|
<html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 97 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 97
To establish procedures for the removal of the Architect of the
Capitol.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
January 26, 2023
Ms. Klobuchar (for herself and Mrs. Fischer) introduced the following
bill; which was read twice and referred to the Committee on Rules and
Administration
_______________________________________________________________________
A BILL
To establish procedures for the removal of the Architect of the
Capitol.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. REMOVAL OF THE ARCHITECT OF THE CAPITOL.
Section 319 of the Legislative Branch Appropriations Act, 1990 (2
U.S.C. 1801) is amended--
(1) by redesignating subsection (b) as subsection (c); and
(2) by inserting after subsection (a) the following:
``(b) Removal.--The Architect of the Capitol may be removed at any
time by--
``(1) impeachment; or
``(2) joint resolution of Congress, only for--
``(A) permanent disability;
``(B) inefficiency;
``(C) neglect of duty;
``(D) malfeasance; or
``(E) a felony or conduct involving moral
turpitude.''.
<all>
</pre></body></html>
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118S970
|
DATA Act
|
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"sponsor"
],
[
"C001113",
"Sen. Cortez Masto, Catherine [D-NV]",
"cosponsor"
]
] |
<p><b>Documenting Adversarial Trade Aggression Act or the DATA Act</b></p> <p>This bill requires the Department of Commerce to establish a China Economic Data Coordination Center within the Bureau of Economic Analysis.</p> <p>The center must collect, synthesize, and report on specified Chinese economic data regarding developments in China's financial markets and U.S. exposure to risks and vulnerabilities in China's financial system. </p>
|
<html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 970 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 970
To direct the Secretary of Commerce to establish within the Bureau of
Economic Analysis of the Department of Commerce a China Economic Data
Coordination Center.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
March 23, 2023
Mr. Wicker (for himself and Ms. Cortez Masto) introduced the following
bill; which was read twice and referred to the Committee on Banking,
Housing, and Urban Affairs
_______________________________________________________________________
A BILL
To direct the Secretary of Commerce to establish within the Bureau of
Economic Analysis of the Department of Commerce a China Economic Data
Coordination Center.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Documenting Adversarial Trade
Aggression Act'' or the ``DATA Act''.
SEC. 2. CHINA ECONOMIC DATA COORDINATION CENTER.
(a) In General.--The Secretary of Commerce, in coordination with
the Secretary of the Treasury, shall establish within the Bureau of
Economic Analysis of the Department of Commerce a China Economic Data
Coordination Center (in this section referred to as the ``Center'').
(b) Duties.--The Center, in coordination with the heads of other
relevant Federal agencies and the private sector, shall collect and
synthesize official and unofficial economic data on developments in the
financial markets of the People's Republic of China and the United
States exposure to risks and vulnerabilities in the financial system of
the People's Republic of China, including data on--
(1) baseline economic statistics such as gross domestic
product and other indicators of economic health;
(2) national and local government debt;
(3) nonperforming loan amounts;
(4) the composition of shadow banking assets;
(5) the composition of the foreign exchange reserves of the
People's Republic of China;
(6) bank loan interest rates;
(7) United States retirement accounts tied to Chinese
investments;
(8) the exposure of the People's Republic of China to
foreign borrowers and flows of official financing for the Belt
and Road Initiative and other trade-related initiatives of the
Government of the People's Republic of China, including data
from the Export-Import Bank of China, the China Export and
Credit Insurance Corporation (Sinosure), and the China
Development Bank;
(9) sovereign or near-sovereign loans made by the People's
Republic of China to other countries or guaranteed by sovereign
entities; and
(10) retirement accounts and investments in the People's
Republic of China.
(c) Briefings.--The Center shall provide to the appropriate
congressional committees and the private sector on a biannual basis
briefings on implementation of the duties of the Center.
(d) Reports and Public Updates.--
(1) Reports.--
(A) In general.--The Center shall submit to the
appropriate congressional committees on a quarterly
basis a report in writing on implementation of the
duties of the Center.
(B) Matters to be included.--The report required by
this subsection shall include--
(i) key findings and data;
(ii) a description of the research and
development activities of the affiliates of
United States multinational enterprises
operating in the People's Republic of China,
and an assessment of the implications of such
activities for production and employment in the
United States and the economy of the United
States; and
(iii) a description of interactions of
United States industry with--
(I) entities owned or controlled
by, or affiliated with, the Government
of the People's Republic of China; and
(II) investments by entities of the
People's Republic of China in the
United States.
(2) Public updates.--The Center shall provide to the public
on a monthly basis updates on implementation of the duties of
the Center.
(e) Recommendations and Strategies.--The Secretary of the Treasury,
using data collected and synthesized by the Center under subsection (b)
and in consultation with the Center, shall--
(1) develop recommendations and strategies for ways in
which the United States can respond to potential risks and
exposures within the financial system of the People's Republic
of China; and
(2) submit to the appropriate congressional committees a
report that contains such recommendations and strategies.
(f) Appropriate Congressional Committees Defined.--In this section,
the term ``appropriate congressional committees'' means--
(1) the Committee on Foreign Relations, the Committee on
Banking, Housing, and Urban Affairs, and the Committee on
Commerce, Science, and Transportation of the Senate; and
(2) the Committee on Foreign Affairs, the Committee on
Financial Services, and the Committee on Energy and Commerce of
the House of Representatives.
<all>
</pre></body></html>
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118S971
|
Due Process Continuity of Care Act
|
[
[
"C001075",
"Sen. Cassidy, Bill [R-LA]",
"sponsor"
],
[
"M001176",
"Sen. Merkley, Jeff [D-OR]",
"cosponsor"
],
[
"M000133",
"Sen. Markey, Edward J. [D-MA]",
"cosponsor"
],
[
"T000476",
"Sen. Tillis, Thomas [R-NC]",
"cosponsor"
],
[
"W000790",
"Sen. Warnock, Raphael G. [D-GA]",
"cosponsor"
]
] |
<p><b>Due Process Continuity of Care Act</b></p> <p>This bill allows an otherwise eligible individual who is in custody pending disposition of charges (i.e., pretrial detainees) to receive Medicaid benefits at the option of the state. The bill also provides for state planning grants to support the provision of such benefits.</p>
|
<html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 971 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 971
To amend title XIX of the Social Security Act to remove the Medicaid
coverage exclusion for inmates in custody pending disposition of
charges, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
March 23, 2023
Mr. Cassidy (for himself, Mr. Merkley, Mr. Markey, and Mr. Tillis)
introduced the following bill; which was read twice and referred to the
Committee on Finance
_______________________________________________________________________
A BILL
To amend title XIX of the Social Security Act to remove the Medicaid
coverage exclusion for inmates in custody pending disposition of
charges, and for other 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 ``Due Process Continuity of Care
Act''.
SEC. 2. REMOVAL OF INMATE LIMITATION ON BENEFITS UNDER MEDICAID.
(a) In General.--The subdivision (A) of section 1905(a) of the
Social Security Act (42 U.S.C. 1396d(a)) following the last numbered
paragraph of such section is amended by inserting ``, or, at the option
of the State, while in custody pending disposition of charges'' after
``patient in a medical institution''.
(b) Conforming Amendments.--Section 5122 of division FF of the
Consolidated Appropriations Act, 2023 (Public Law 117-328) is amended--
(1) in subsection (a), by striking ``Medicaid'' and all
that follows through ``Section 1902(a)(84)(A)'' and inserting
``Medicaid.--Section 1902(a)(84)(A)''; and
(2) in subsection (c), by inserting ``, except that if such
date is later than the effective date described in section 2(c)
of the Due Process Continuity of Care Act then the amendment
made by subsection (a) shall take effect and apply to items and
services furnished for periods beginning on or after the
effective date described in such section'' before the period.
(c) Effective Date.--The amendments made by subsections (a) and (b)
shall take effect on the 1st day of the 1st calendar quarter that
begins on or after the date that is 60 days after the date of the
enactment of this Act and shall apply to items and services furnished
for periods beginning on or after such date.
SEC. 3. PLANNING GRANTS.
(a) In General.--The Secretary shall award planning grants to
States to support providing medical assistance under the State Medicaid
program to individuals who are eligible for such assistance as a result
of the amendment made by section 2(a). The grants shall be used to
prepare an application that meets the requirements of subsection (b).
(b) Application Requirements.--In order to be awarded a planning
grant under this section, a State shall submit an application to the
Secretary at such time and in such form and manner as the Secretary
shall require, that includes the following information along with such
additional information, provisions, and assurances, as the Secretary
may require:
(1) A proposed process for carrying out each of the
activities described in subsection (c) in the State.
(2) A review of State policies regarding the population of
individuals who are eligible for medical assistance under the
State Medicaid program as a result of the amendment made by
section 2(a) with respect to whether such policies may create
barriers to increasing the number of health care providers who
can provide items and services for that population.
(3) The development of a plan, taking into account
activities described in subsection (c)(2), that will ensure a
sustainable number of Medicaid-enrolled providers under the
State Medicaid program that can offer a full array of treatment
and services to the patient population described in paragraph
(2) as needed. Such plan shall include the following:
(A) Specific activities to increase the number of
providers that will offer physical health treatment, as
well as services related to behavioral health
treatment, including substance use disorder treatment,
recovery, or support services (including short-term
detoxification services, outpatient substance use
disorder services, and evidence-based peer recovery
services).
(B) Milestones and timeliness for implementing
activities set forth in the plan.
(C) Specific measurable targets for increasing the
number of providers under the State Medicaid program
who will treat the patient population described in
paragraph (2).
(4) An assurance that the State consulted with relevant
stakeholders, including the State agency responsible for
administering the State Medicaid program, Medicaid managed care
plans, health care providers, law enforcement personnel,
officials from jails, and Medicaid beneficiary advocates, with
respect to the preparation and completion of the application
and a description of such consultation.
(c) Activities Described.--For purposes of subsection (b)(1), the
activities described in this subsection are the following:
(1) Activities that support the development of an initial
assessment of the health treatment needs of patients who are in
custody pending disposition of charges to determine the extent
to which providers are needed (including the types of such
providers and geographic area of need) to improve the number of
providers that will treat patients in custody pending
disposition of charges under the State Medicaid program,
including the following:
(A) An estimate of the number of individuals
enrolled under the State Medicaid program who are in
custody pending disposition of charges.
(B) Information on the capacity of providers to
provide treatment or services to such individuals
enrolled under the State Medicaid program, including
information on providers who provide such services and
their participation under the State Medicaid program.
(C) Information on the health care services
provided under programs other than the State Medicaid
program in jails to individuals who are in custody
pending disposition of charges.
(2) Activities that, taking into account the results of the
assessment described in paragraph (1) with respect to the
provision of treatment or services under the State Medicaid
program, support the development of State infrastructure to
recruit or contract with prospective health care providers,
provide training and technical assistance to such providers,
and secure a process for an electronic health record system for
billing to reimburse for services provided by the correctional
facility, outpatient providers, medical vendors, and contracted
telehealth service providers to patients who are in custody
pending disposition of charges that are compliant with
applicable requirements and regulations for State Medicaid
programs.
(3) Activities that ensure the quality of care for patients
who are in custody pending disposition of charges, including
formal reporting mechanisms for patient outcomes, and
activities that promote participation in learning
collaboratives among providers treating this population.
(d) Geographic Diversity.--The Secretary shall select States for
planning grants under this section in a manner that ensures geographic
diversity.
(e) Funding.--There are authorized to be appropriated $50,000,000
to carry out this section.
(f) Definitions.--In this section:
(1) Medicaid program.--The term ``Medicaid program'' means,
with respect to a State, the State program under title XIX of
the Social Security Act (42 U.S.C. 1396 et seq.) including any
waiver or demonstration under such title or under section 1115
of such Act (42 U.S.C. 1315) relating to such title.
(2) Secretary.--The term ``Secretary'' means the Secretary
of Health and Human Services.
(3) State.--The term ``State'' has the meaning given that
term for purposes of title XIX of the Social Security Act (42
U.S.C. 1396 et seq.) in section 1101(a)(1) of such Act (42
U.S.C. 1301(a)(1)).
<all>
</pre></body></html>
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118S972
|
Filling Public Safety Vacancies Act
|
[
[
"O000174",
"Sen. Ossoff, Jon [D-GA]",
"sponsor"
],
[
"B001243",
"Sen. Blackburn, Marsha [R-TN]",
"cosponsor"
]
] |
<html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 972 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 972
Making emergency supplemental appropriations for the hiring and
rehiring of additional career law enforcement officers for the fiscal
year ending September 30, 2023, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
March 23, 2023
Mr. Ossoff (for himself and Mrs. Blackburn) introduced the following
bill; which was read twice and referred to the Committee on
Appropriations
_______________________________________________________________________
A BILL
Making emergency supplemental appropriations for the hiring and
rehiring of additional career law enforcement officers for the fiscal
year ending September 30, 2023, and for other 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 ``Filling Public Safety Vacancies
Act''.
SEC. 2. APPROPRIATION.
(a) In General.--There is appropriated, out of amounts in the
Treasury not otherwise appropriated, for the fiscal year ending
September 30, 2023, to remain available until expended, $162,000,000
for additional amounts for grants for the hiring and rehiring of
additional career law enforcement officers under section 1701 of title
I of the Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C.
10381).
(b) Background Checks and Psychological Evaluations.--A law
enforcement agency using amounts appropriated under subsection (a) to
hire or rehire a law enforcement officer--
(1) shall--
(A) perform a background check on the law
enforcement officer; and
(B) ensure that the law enforcement officer
undergoes a psychological evaluation; and
(2) shall use amounts appropriated under subsection (a) or
other funds of the law enforcement agency to cover the cost of
carrying out the requirements under paragraph (1).
SEC. 3. EMERGENCY DESIGNATION.
(a) In General.--The amounts provided by this Act are designated as
an emergency requirement pursuant to section 4(g) of the Statutory Pay-
As-You-Go Act of 2010 (2 U.S.C. 933(g)).
(b) Designation in House and Senate.--The amounts provided by this
Act are designated as being for an emergency requirement pursuant to
section 4001(a)(1) of S. Con. Res. 14 (117th Congress), the concurrent
resolution on the budget for fiscal year 2022, and section 1(e) of H.
Res. 1151 (117th Congress), as engrossed in the House of
Representatives on June 8, 2022.
<all>
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|
118S973
|
Protecting Equal Opportunity from ESG Act
|
[
[
"C001095",
"Sen. Cotton, Tom [R-AR]",
"sponsor"
],
[
"S001217",
"Sen. Scott, Rick [R-FL]",
"cosponsor"
],
[
"H000601",
"Sen. Hagerty, Bill [R-TN]",
"cosponsor"
],
[
"H001089",
"Sen. Hawley, Josh [R-MO]",
"cosponsor"
],
[
"C001098",
"Sen. Cruz, Ted [R-TX]",
"cosponsor"
]
] |
<html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 973 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 973
To prohibit Federal contractors from imposing racial hiring quotas,
benchmarks, or goals.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
March 23, 2023
Mr. Cotton (for himself, Mr. Scott of Florida, Mr. Hagerty, and Mr.
Hawley) introduced the following bill; which was read twice and
referred to the Committee on Homeland Security and Governmental Affairs
_______________________________________________________________________
A BILL
To prohibit Federal contractors from imposing racial hiring quotas,
benchmarks, or goals.
Be it enacted by the Senate 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 Equal Opportunity from
ESG Act''.
SEC. 2. PURPOSE.
Acknowledging that distinctions between citizens solely because of
their ancestry are, by their very nature, odious to a free people whose
institutions are founded upon the doctrine of equality, and recognizing
that existing regulations have failed to eradicate the use of racial
hiring quotas among Federal contractors, the purpose of this Act is to
require contracts with the Federal Government to include an equal
opportunity clause prohibiting racial hiring quotas, benchmarks, or
goals.
SEC. 3. DEFINITIONS.
For purposes of this Act:
(1) Contractor.--The term ``contractor''--
(A) means any person that is awarded a contract
with the Federal Government or a subcontract under such
a contract, including any subcontractor (at any tier)
of such person; and
(B) includes a person that--
(i) is a lessor or lessee; or
(ii) is an employer of a worker performing
work on a contract with the Federal Government
whose wages are calculated pursuant to a
special certificate issued under section 14(c)
of the Fair Labor Standards Act of 1938 (29
U.S.C. 214(c)).
(2) Employment practices.--The term ``employment
practices''--
(A) means all terms and conditions of employment
(including of any paid or unpaid fellowship or
internship), including all practices relating to the
screening, recruitment, referral, nomination,
selection, training, appointment, promotion, demotion,
and assignment of personnel; and
(B) includes advertising, hiring, assignments,
classification, discipline, layoff and termination,
upgrading, transfer, leave practices, rate of pay,
fringe benefits, or other forms of pay or credit for
services rendered and use of facilities.
(3) Executive agency.--The term ``executive agency'' has
the meaning given that term in section 133 of title 41, United
States Code.
(4) National interest.--The term ``national interest''--
(A) means a national security interest, economic
interest, or public health and welfare interest; and
(B) does not include any purported interest in--
(i) racial or social justice objectives,
affirmative action agendas, or any other race-
based considerations; or
(ii) promoting, enabling, or excusing any
policy, initiative, or practice of an employer
concerning--
(I) environmental, social, and
governance (commonly known as ``ESG'');
(II) diversity, equity, and
inclusion (commonly known as ``DEI'');
or
(III) corporate social
responsibility (commonly known as
``CSR'').
(5) Secretary.--The term ``Secretary'' means the Secretary
of Labor.
SEC. 4. PROHIBITION ON IMPOSING RACIAL HIRING QUOTAS.
(a) In General.--The head of each executive agency shall, except as
provided in subsection (b), ensure that each contract entered into by
the executive agency on or after the date of enactment of this Act
includes requirements that the contractor shall--
(1) certify that, during the 5-year period immediately
preceding the date on which the contract is entered into, the
contractor did not initiate, carry out, or enforce any system
of quotas, benchmarks, or goals in regard to employment
practices that encourage or require any discrimination on the
basis of race; and
(2) not, during the performance of the contract, initiate,
carry out, or enforce any system of quotas, benchmarks, or
goals in regard to employment practices which encourage or
require any discrimination on the basis of race.
(b) Exception for Lookback Requirement.--Notwithstanding subsection
(a), the Secretary may exempt the head of an executive agency from the
requirement to include the certification described in subsection (a)(1)
in a specific contract, subcontract, or purchase order if the Secretary
determines that special circumstances in the national interest so
require.
SEC. 5. REGULATIONS AND IMPLEMENTATION.
(a) Regulations Required.--
(1) Department of labor.--Not later than 90 days after the
date of enactment of this Act, the Secretary shall issue such
regulations as are necessary to implement this Act.
(2) Federal acquisition regulation.--Not later than 90 days
after the date on which the Secretary issues regulations under
paragraph (1), the Federal Acquisition Regulatory Council shall
amend the Federal Acquisition Regulation, consistent with such
regulations, to provide for inclusion in any Federal
procurement solicitation or contract the requirements under
section 4.
(b) Agency Implementation.--Not later than 90 days after the date
on which the Secretary issues any regulations under subsection (a)(1)
and except as provided in section 4(b), the head of each executive
agency shall ensure that any contract entered into by the executive
agency complies with the requirements set forth in section 4(a).
SEC. 6. ENFORCEMENT.
(a) In General.--The Secretary shall have the authority to
investigate potential violations of this Act and obtain compliance,
including as provided in subsection (b).
(b) Penalties for Noncompliance.--In the case of a contractor that
violates a contract requirement under section 4--
(1) the relevant executive agency may cancel, terminate, or
suspend (in whole or in part) the applicable contract; and
(2) the Secretary may initiate a debarment proceeding with
respect to the contractor.
<all>
</pre></body></html>
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[
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118S974
|
WIC Healthy Beginnings Act of 2023
|
[
[
"M001198",
"Sen. Marshall, Roger [R-KS]",
"sponsor"
],
[
"G000555",
"Sen. Gillibrand, Kirsten E. [D-NY]",
"cosponsor"
]
] |
<html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 974 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 974
To amend the Child Nutrition Act of 1966 to require the Secretary of
Agriculture to make publicly available information on infant formula
procurement under the special supplemental nutrition program for women,
infants, and children.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
March 27, 2023
Mr. Marshall (for himself and Mrs. Gillibrand) introduced the following
bill; which was read twice and referred to the Committee on
Agriculture, Nutrition, and Forestry
_______________________________________________________________________
A BILL
To amend the Child Nutrition Act of 1966 to require the Secretary of
Agriculture to make publicly available information on infant formula
procurement under the special supplemental nutrition program for women,
infants, and children.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``WIC Healthy Beginnings Act of
2023''.
SEC. 2. INFANT FORMULA PROCUREMENT ONLINE SOURCE OF INFORMATION.
Section 17(h)(8)(A) of the Child Nutrition Act of 1966 (42 U.S.C.
1786(h)(8)(A)) is amended by adding at the end the following:
``(xi) Infant formula procurement online
source of information.--
``(I) In general.--Not later than
180 days after the date of enactment of
this clause, the Secretary shall make
available to the public the information
described in items (aa) through (dd) of
subclause (II) relating to bid
solicitations of State agencies for
infant formula under the program.
``(II) State agencies.--In
soliciting bids for infant formula
under the program, a State agency, or a
State agency on behalf of a State
alliance, shall submit to the
Secretary, not later than 5 business
days after the date on which a bid
solicitation is made available online
to bidders by the State, a description
of the bid solicitation, including--
``(aa) the title of the bid
solicitation and the State
agency administering the bid
solicitation;
``(bb) the website
hyperlink and other information
needed for the purpose of
submitting a bid in response to
the bid solicitation;
``(cc) the contact
information and website
hyperlink for the State agency
administering the bid
solicitation, for the purpose
of gathering additional
information relating to the bid
solicitation; and
``(dd) the period during
which bids are accepted or the
due date for bids, as
applicable, under the bid
solicitation.
``(III) Publication.--Not later
than 5 days after receiving a
description of a bid solicitation under
subclause (II), the Secretary shall
make that description publicly
available.
``(IV) Guidance.--The Secretary
shall issue guidance to implement this
clause.''.
<all>
</pre></body></html>
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[
"Agriculture and Food"
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|
118S975
|
Reforming Broadband Connectivity Act of 2023
|
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"K000367",
"Sen. Klobuchar, Amy [D-MN]",
"sponsor"
],
[
"T000250",
"Sen. Thune, John [R-SD]",
"cosponsor"
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[
"C000880",
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]
] |
<html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 975 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 975
To require the Federal Communications Commission to reform the
contribution system of the Universal Service Fund, and for other
purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
March 27, 2023
Ms. Klobuchar (for herself, Mr. Thune, Mr. Hickenlooper, and Mr. Moran)
introduced the following bill; which was read twice and referred to the
Committee on Commerce, Science, and Transportation
_______________________________________________________________________
A BILL
To require the Federal Communications Commission to reform the
contribution system of the Universal Service Fund, and for other
purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Reforming Broadband Connectivity Act
of 2023''.
SEC. 2. STUDY AND REPORT.
Not later than 120 days after the date of enactment of this Act,
the Federal Communications Commission (referred to in this Act as the
``Commission'') shall--
(1) conduct a study assessing the need to expand the
contribution base of the Universal Service Fund to ensure that
the contribution requirement under section 254(d) of the
Communications Act of 1934 (47 U.S.C. 254(d)) is imposed fairly
and equitably; and
(2) submit to Congress a report on the results of the study
conducted under paragraph (1).
SEC. 3. UNIVERSAL SERVICE FUND CONTRIBUTION SYSTEM REFORM.
(a) In General.--Not later than 1 year after the date of enactment
of this Act, the Commission shall complete a rulemaking to reform the
contribution system of the Universal Service Fund, including by
expanding the contribution base of the Universal Service Fund.
(b) Considerations.--In conducting the rulemaking required under
subsection (a), the Commission shall consider--
(1) the relative equities and burdens of the proposed
changes to the contribution system of the Universal Service
Fund with respect to consumers and businesses;
(2) the impact of the proposed changes to the contribution
system of the Universal Service Fund on seniors; and
(3) the findings and recommendations in the report
submitted under section 2(2).
<all>
</pre></body></html>
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[
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|
|
118S976
|
After Hours Child Care Act
|
[
[
"Y000064",
"Sen. Young, Todd [R-IN]",
"sponsor"
],
[
"H001076",
"Sen. Hassan, Margaret Wood [D-NH]",
"cosponsor"
]
] |
<html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 976 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 976
To establish and expand child care programs for parents who work
nontraditional hours, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
March 27, 2023
Mr. Young (for himself and Ms. Hassan) introduced the following bill;
which was read twice and referred to the Committee on Health,
Education, Labor, and Pensions
_______________________________________________________________________
A BILL
To establish and expand child care programs for parents who work
nontraditional hours, and for other 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 ``After Hours Child Care Act''.
SEC. 2. CHILD CARE AND DEVELOPMENT INNOVATION FUND.
(a) Establishment.--The Child Care and Development Block Grant Act
of 1990 (42 U.S.C. 9857 et seq.) is amended--
(1) by redesignating section 658P as section 658T, and
moving that section 658T to follow section 658S; and
(2) by adding at the end the following:
``SEC. 658U. CHILD CARE AND DEVELOPMENT INNOVATION FUND.
``(a) Purpose.--The purpose of this section is to--
``(1) improve child care access for parents working hours
outside of traditional 9 to 5 work hours, such as parents
working an evening, night, or weekend shift; and
``(2) address the needs of working parents with young
children, so that the parents are able to stay attached to the
workforce, attain eligibility for promotions and salary
increases, and amass savings.
``(b) Definitions.--In this section:
``(1) Child care program.--The term `child care program'
means the child care activities of an eligible child care
provider.
``(2) Nontraditional work hours.--The term `nontraditional
work hours' means work hours at least 25 percent of which--
``(A) are before 9 a.m. or after 5 p.m. on a
weekday;
``(B) are on a Saturday or Sunday; or
``(C) are scheduled within 7 days before required
attendance at work for those work hours.
``(3) Secretary.--The term `Secretary' means the Secretary
of Health and Human Services.
``(4) State educational agency; local educational agency.--
The terms `State educational agency' and `local educational
agency' have the meanings given the terms in section 8101 of
the Elementary and Secondary Education Act of 1965 (20 U.S.C.
7801 et seq.).
``(c) General Authority.--
``(1) Grants.--Not later than 90 days after the date of
enactment of the After Hours Child Care Act, the Secretary
shall establish a pilot program, through which the Secretary
shall award grants on a competitive basis to eligible entities
to pay for the Federal share of the cost of--
``(A) expanding capacity for an existing (as of
January 1, 2024) child care program, including such a
program of a family child care provider to serve
families in which a parent is working nontraditional
work hours;
``(B) entering into an enrollment-based contract
with--
``(i) an eligible child care provider to
serve such families; or
``(ii) a fiscal intermediary such as a
staffed network of family child care providers,
child care resource and referral organization,
or entity operating a child care facilities
fund for the services of multiple eligible
child care providers to serve such families;
``(C) planning activities, including conducting a
needs assessment and outreach to existing eligible
child care providers (existing on the date of the
outreach);
``(D) establishing an onsite child care program at
a workplace to serve such families;
``(E) expanding capacity for an onsite child care
program at a workplace to serve such families; or
``(F) establishing a child care program, including
a program of a family child care provider with the
primary goal of serving such families.
``(2) Duration.--The Secretary shall award the grant for a
period of 5 years. A grant awarded under this section may not
be renewed.
``(3) Amount.--The Secretary shall award the grant in an
amount of not less than $25,000 and not more than $500,000.
``(d) Eligible Entities.--To be eligible to receive a grant under
this section, an entity shall be--
``(1) an eligible child care provider; or
``(2) a partnership of--
``(A) an eligible child care provider; and
``(B) a lead agency, business, child care resource
and referral organization, community development
financial institution, staffed network of family child
care providers, another intermediary with experience
supporting child care providers, or another appropriate
entity.
``(e) Application.--To be eligible to receive a grant under this
section, an entity shall submit an application to the Secretary at such
time, in such manner, and containing such information as the Secretary
may require.
``(f) Use of Funds.--An entity that receives a grant under this
section may use the grant funds for activities that may include--
``(1) staffing the child care program involved;
``(2) improving the child care facility and related
equipment;
``(3) establishing or improving the curriculum of the child
care program;
``(4) assisting eligible child care providers in meeting
health and safety requirements, achieving licensure or
registration as a child care provider, or improving quality;
``(5) acquiring other items needed for the child care
program; and
``(6) providing training in the prevention of sudden infant
death syndrome and safe sleep practices.
``(g) Match.--The non-Federal share of the cost described in
subsection (c)(1) shall be 25 percent.
``(h) Report.--Not less often than every 2 years, the Secretary
shall prepare and submit to Congress a report that includes information
on the number of children served under this section, the employment
status of their parents, general information to demonstrate the impact
of activities carried out under grants under this section on child care
availability, and other information relevant to the grants made under
this section.
``(i) Relationship to Other Requirements.--None of the requirements
of this subchapter, other than section 658T, shall apply to this
section. No reference in this subchapter to `this subchapter' shall be
considered to include this section.
``(j) Authorization.--There is authorized to be appropriated to
carry out this section $10,000,000 for the period of fiscal years 2024
through 2028.''.
(b) Conforming Amendments.--
(1) Application provisions.--Section 658E(c)(2) of the
Child Care and Development Block Grant Act of 1990 (42 U.S.C.
9858c(c)(2)) is amended--
(A) in subparagraph (A)(i)(II), by striking
``658P(2)'' and inserting ``658T(2)''; and
(B) in subparagraph (K)(i)(IV), by striking
``658P(6)(B)'' and inserting ``658T(6)(B)''.
(2) Report provisions.--Section 658K(a)(2) of the Child
Care and Development Block Grant Act of 1990 (42 U.S.C.
9858i(a)(2)) is amended--
(A) in subparagraph (A), by striking ``658P(6)''
and inserting ``658T(6)''; and
(B) in subparagraph (F), by striking ``658P(6)(B)''
and inserting ``658T(6)(B)''.
<all>
</pre></body></html>
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|
118S977
|
FIRE STATION Act
|
[
[
"V000128",
"Sen. Van Hollen, Chris [D-MD]",
"sponsor"
],
[
"M001153",
"Sen. Murkowski, Lisa [R-AK]",
"cosponsor"
],
[
"C001070",
"Sen. Casey, Robert P., Jr. [D-PA]",
"cosponsor"
],
[
"B000944",
"Sen. Brown, Sherrod [D-OH]",
"cosponsor"
],
[
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"Sen. Cardin, Benjamin L. [D-MD]",
"cosponsor"
],
[
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"Sen. Stabenow, Debbie [D-MI]",
"cosponsor"
],
[
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"Sen. Reed, Jack [D-RI]",
"cosponsor"
],
[
"T000464",
"Sen. Tester, Jon [D-MT]",
"cosponsor"
],
[
"C001088",
"Sen. Coons, Christopher A. [D-DE]",
"cosponsor"
],
[
"W000802",
"Sen. Whitehouse, Sheldon [D-RI]",
"cosponsor"
],
[
"W000817",
"Sen. Warren, Elizabeth [D-MA]",
"cosponsor"
],
[
"C001035",
"Sen. Collins, Susan M. [R-ME]",
"cosponsor"
]
] |
<html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 977 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 977
To provide grants for fire station construction through the
Administrator of the Federal Emergency Management Agency, and for other
purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
March 27, 2023
Mr. Van Hollen (for himself, Ms. Murkowski, Mr. Casey, Mr. Brown, Mr.
Cardin, Ms. Stabenow, Mr. Reed, and Mr. Tester) introduced the
following bill; which was read twice and referred to the Committee on
Homeland Security and Governmental Affairs
_______________________________________________________________________
A BILL
To provide grants for fire station construction through the
Administrator of the Federal Emergency Management Agency, and for other
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 ``Facilitating Investments Required
for Emergency Services To All Towns In Our Nation Act'' or the ``FIRE
STATION Act''.
SEC. 2. ASSISTANCE TO FIREFIGHTERS FIRE STATION CONSTRUCTION GRANTS.
(a) Definitions.--In this section:
(1) Administrator.--The term ``Administrator'' means the
Administrator of the Federal Emergency Management Agency.
(2) Career fire department.--The term ``career fire
department'' means a fire department that has an all-paid force
of firefighting personnel other than paid-on-call firefighters.
(3) Combination fire department.--The term ``combination
fire department'' means a fire department that has--
(A) paid firefighting personnel; and
(B) volunteer firefighting personnel.
(4) EMS.--The term ``EMS'' means emergency medical
services.
(5) Nonaffiliated ems organization.--The term
``nonaffiliated EMS organization'' means a public or private
nonprofit EMS organization that is not affiliated with a
hospital and does not serve a geographic area in which the
Administrator finds that EMS are adequately provided by a fire
department.
(6) Volunteer fire department.--The term ``volunteer fire
department'' means a fire department that has an all-volunteer
force of firefighting personnel.
(b) Grant Program.--The Administrator shall establish a grant
program to provide financial assistance to entities described in
subsection (c) to modify, upgrade, and construct fire and EMS
department facilities.
(c) Eligible Applicants.--The Administrator may make a grant under
this section to the following:
(1) Career, volunteer, and combination fire departments.
(2) Fire training facilities.
(3) Nonaffiliated EMS organizations, combination and
volunteer emergency medical stations (except that for-profit
EMS organizations are not eligible for a grant under this
section).
(d) Applications.--An entity described in subsection (c) seeking a
grant under this section shall submit to the Administrator an
application in such form, at such time, and containing such information
as the Administrator determines appropriate.
(e) Meeting for Recommendations.--
(1) In general.--The Administrator shall convene a meeting
of qualified members of national fire service organizations
and, at the discretion of the Administrator, qualified members
of EMS organizations to obtain recommendations regarding the
criteria for the awarding of grants under this section.
(2) Qualifications.--For purposes of this subsection, a
qualified member of an organization is a member who--
(A) is recognized for firefighting or EMS
expertise;
(B) is not an employee of the Federal Government;
and
(C) in the case of a member of an EMS organization,
is a member of an organization that represents--
(i) EMS providers that are affiliated with
fire departments; or
(ii) nonaffiliated EMS providers.
(f) Peer Review of Grant Application.--The Administrator shall, in
consultation with national fire service and EMS organizations, appoint
fire service personnel to conduct peer reviews of applications received
under subsection (d).
(g) Priority of Grants.--In awarding grants under this section, the
Administrator shall consider the findings and recommendations of the
peer reviews carried out under subsection (f).
(h) Uses of Funds.--
(1) In general.--A recipient of a grant under this section
may use funds received for the following:
(A) Building, rebuilding, or renovating fire and
EMS department facilities.
(B) Upgrading existing facilities to install
exhaust emission control systems, install backup power
systems, upgrade or replace environmental control
systems (such as HVAC systems), remove or remediate
mold, and construct or modify living quarters for use
by male and female personnel.
(C) Upgrading fire and EMS stations or building new
stations.
(2) Code compliant.--In using funds under paragraph (1), a
recipient of a grant under this section shall meet 1 of the 2
most recently published editions of relevant codes and
standards, especially codes and standards that--
(A) require up-to-date hazard resistant and safety
provisions; and
(B) are relevant for protecting firefighter health
and safety.
(i) Grant Funding.--
(1) In general.--The Administrator shall allocate grant
funds under this section as follows:
(A) 25 percent for career fire and EMS departments.
(B) 25 percent for combination fire and EMS
departments.
(C) 25 percent for volunteer fire and EMS
departments.
(D) 25 percent to remain available for competition
between the various department types.
(2) Insufficient applications.--If the Administrator does
not receive sufficient funding requests from a particular
department type described in subparagraphs (A) through (C) of
paragraph (1), the Administrator may make awards to other
departments described in such subparagraphs.
(3) Limitation on awards amounts.--A recipient of a grant
under this section may not receive more than $7,500,000 under
this section.
(j) Prevailing Rate of Wage and Public Contracts.--
(1) In general.--All laborers and mechanics employed by
contractors or subcontractors in the performance of
construction work financed with the assistance of any
contribution of Federal funds made by the Administrator under
this section shall be paid wages at rates not less than those
prevailing on similar construction in the locality as
determined by the Secretary of Labor in accordance with
subchapter IV of chapter 31 of title 40, United States Code
(commonly known as the ``Davis-Bacon Act'').
(2) Overtime.--Each employee described in paragraph (1)
shall receive compensation at a rate not less than one and \1/
2\ times the basic rate of pay of the employee for all hours
worked in any workweek in excess of 8 hours in any workday or
40 hours in the workweek, as the case may be.
(3) Assurances.--The Administrator shall make no
contribution of Federal funds without first obtaining adequate
assurance that the labor standards described in paragraphs (1)
and (2) will be maintained upon the construction work.
(4) Authority of secretary of labor.--The Secretary of
Labor shall have, with respect to the labor standards described
in paragraphs (1) and (2), the authority and functions set
forth in Reorganization Plan Numbered 14 of 1950 (5 U.S.C.
App.) and section 3145 of title 40, United States Code.
(5) Public contracts.--Contractors and subcontractors
performing construction work pursuant to this section shall
procure only manufactured articles, materials, and supplies
that have been manufactured in the United States substantially
all from articles, materials, or supplies mined, produced, or
manufactured in the United States in accordance with the
requirements (and exceptions thereto) applicable to Federal
agencies under chapter 83 of title 41, United States Code.
(k) Applicability.--Chapter 10 of title 5, United States Code,
shall not apply to activities carried out pursuant to this section.
(l) Reporting Requirements.--
(1) Annual report to administrator of fema.--Not later than
1 year after the date of enactment of this Act, and annually
thereafter during the term of a grant awarded under this
section, the recipient of the grant shall submit to the
Administrator a report describing how the recipient used the
amounts from the grant.
(2) Annual report to congress.--Not later than 1 year after
the date of enactment of this Act, and annually thereafter
until the date on which the rebuilding or renovation of fire
facilities and stations are completed using grant funds under
this section, the Administrator shall submit to the Committee
on Homeland Security and Governmental Affairs of the Senate and
the Committees on Transportation and Infrastructure and
Science, Space, and Technology of the House of Representatives
a report that provides an evaluation of the effectiveness of
the grants awarded under this section.
(m) Authorization of Appropriations.--There is authorized to be
appropriated $750,000,000 for fiscal year 2024 to carry out this
section. Funds appropriated under this Act shall remain available until
expended.
<all>
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"Building construction",
"Buy American requirements",
"Emergency medical services and trauma care",
"Government buildings, facilities, and property",
"Health facilities and institutions",
"Housing industry and standards",
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118S978
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Affordable College Textbook Act
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[
[
"D000563",
"Sen. Durbin, Richard J. [D-IL]",
"sponsor"
],
[
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"Sen. King, Angus S., Jr. [I-ME]",
"cosponsor"
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[
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"Sen. Smith, Tina [D-MN]",
"cosponsor"
],
[
"S001191",
"Sen. Sinema, Kyrsten [I-AZ]",
"cosponsor"
]
] |
<html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 978 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 978
To expand the use of open textbooks in order to achieve savings for
students and improve textbook price information.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
March 27, 2023
Mr. Durbin (for himself, Mr. King, Ms. Smith, and Ms. Sinema)
introduced the following bill; which was read twice and referred to the
Committee on Health, Education, Labor, and Pensions
_______________________________________________________________________
A BILL
To expand the use of open textbooks in order to achieve savings for
students and improve textbook price information.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Affordable College Textbook Act''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) The high cost of college textbooks continues to be a
barrier for many students in achieving higher education.
(2) According to the College Board, during the 2022-2023
academic year, the average student budget for college books and
supplies at 4-year public institutions of higher education was
$1,240.
(3) The Government Accountability Office found that new
textbook prices increased 82 percent between 2002 and 2012 and
that although Federal efforts to increase price transparency
have provided students and families with more and better
information, more must be done to address rising costs.
(4) The growth of the internet has enabled the creation and
sharing of digital content, including open educational
resources that can be freely used by students, teachers, and
members of the public.
(5) According to the Student PIRGs, expanded use of open
educational resources has the potential to save students more
than a billion dollars annually.
(6) Federal investment in expanding the use of open
educational resources has lowered college textbook costs and
reduced financial barriers to higher education, while making
efficient use of taxpayer funds.
(7) Educational materials, including open educational
resources, must be accessible to the widest possible range of
individuals, including those with disabilities.
SEC. 3. OPEN TEXTBOOK GRANT PROGRAM.
(a) Definitions.--In this section:
(1) Institution of higher education.--The term
``institution of higher education'' has the meaning given the
term in section 101 of the Higher Education Act of 1965 (20
U.S.C. 1001).
(2) Open educational resource.--The term ``open educational
resource'' has the meaning given the term in section 133 of the
Higher Education Act of 1965 (20 U.S.C. 1015b).
(3) Open textbook.--The term ``open textbook'' means an
open educational resource or set of open educational resources
that either is a textbook or can be used in place of a textbook
for a postsecondary course at an institution of higher
education.
(4) Relevant faculty.--The term ``relevant faculty'' means
both tenure track and contingent faculty members who may be
involved in the creation or use of open textbooks created as
part of an application under subsection (d).
(5) Secretary.--The term ``Secretary'' means the Secretary
of Education.
(6) Supplemental material.--The term ``supplemental
material'' has the meaning given the term in section 133 of the
Higher Education Act of 1965 (20 U.S.C. 1015b).
(b) Grants Authorized.--From the amounts appropriated under
subsection (k), the Secretary shall make grants, on a competitive
basis, to eligible entities to support projects that expand the use of
open textbooks in order to achieve savings for students while
maintaining or improving instruction and student learning outcomes.
(c) Eligible Entity.--In this section, the term ``eligible entity''
means an institution of higher education, a consortium of institutions
of higher education, or a consortium of States on behalf of
institutions of higher education.
(d) Applications.--
(1) In general.--Each eligible entity desiring a grant
under this section, after consultation with relevant faculty,
shall submit an application to the Secretary at such time, in
such manner, and accompanied by such information as the
Secretary may reasonably require.
(2) Contents.--Each application submitted under paragraph
(1) shall include a description of the project to be completed
with grant funds and--
(A) a plan for promoting and tracking the use of
open textbooks in postsecondary courses offered by the
eligible entity and across participating members of the
consortium, where applicable, including an estimate of
the projected savings that will be achieved for
students;
(B) a plan for identifying gaps in the open
textbook marketplace in courses that are part of
degree-granting programs, which may include a plan for
evaluating, before creating new open textbooks, whether
existing open textbooks could be used or adapted for
the same purpose, and in the case that a gap exists,
creating new open textbooks;
(C) a plan for quality review and review of
accuracy of any open textbooks to be created or adapted
through the grant;
(D) a plan for assessing the impact of open
textbooks on instruction, student learning outcomes,
course outcomes, and educational costs at the eligible
entity and across participating members of the
consortium, where applicable;
(E) a plan for disseminating information about the
results of the project to institutions of higher
education outside of the eligible entity, including
promoting the adoption of any open textbooks created or
adapted through the grant;
(F) a statement on consultation with relevant
faculty, including those engaged in the creation of
open textbooks, in the development of the application;
(G) a plan for professional development to build
the capacity of faculty, instructors, and other staff
to adapt and use open textbooks; and
(H) a plan for updating the open textbooks beyond
the funded period.
(e) Special Consideration.--In awarding grants under this section,
the Secretary shall give special consideration to applications that
demonstrate the greatest potential to--
(1) achieve the highest level of savings for students
through sustainable expanded use of open textbooks in
postsecondary courses offered by the eligible entity;
(2) expand the use of open textbooks at institutions of
higher education outside of the eligible entity; and
(3) produce--
(A) the highest quality open textbooks;
(B) open textbooks that can be most easily utilized
and adapted by faculty members at institutions of
higher education;
(C) open textbooks that correspond to the highest
enrollment courses at institutions of higher education;
(D) open textbooks created or adapted in
partnership with entities within institutions of higher
education, including campus bookstores, that will
assist in marketing and distribution of the open
textbook; and
(E) open textbooks that are accessible to students
with disabilities.
(f) Use of Funds.--An eligible entity that receives a grant under
this section shall use the grant funds to carry out any of the
following activities to expand the use of open textbooks:
(1) Professional development for any faculty and staff
members at institutions of higher education, including the
search for and review of open textbooks.
(2) Creation or adaptation of open textbooks.
(3) Development or improvement of supplemental materials
and informational resources that are necessary to support the
use of open textbooks, including accessible instructional
materials for students with disabilities.
(4) Research evaluating the efficacy of the use of open
textbooks for achieving savings for students and the impact on
instruction and student learning outcomes.
(g) License.--For each open textbook, supplemental material, or
informational resource created or adapted wholly or in part under this
section that constitutes a new copyrightable work, the eligible entity
receiving the grant shall release such textbook, material, or resource
to the public under a non-exclusive, royalty-free, perpetual, and
irrevocable license to exercise any of the rights under copyright
conditioned only on the requirement that attribution be given as
directed by the copyright owner.
(h) Access and Distribution.--The full and complete digital content
of each open textbook, supplemental material, or informational resource
created or adapted wholly or in part under this section shall be made
available free of charge to the public--
(1) on an easily accessible and interoperable website,
which shall be identified to the Secretary by the eligible
entity;
(2) in a machine readable, digital format that anyone can
directly download, edit with attribution, and redistribute;
(3) in a format that conforms to accessibility standards
under section 508 of the Rehabilitation Act of 1973 (29 U.S.C.
794d), where feasible; and
(4) with identifying information, including the title,
edition, author, publisher, copyright date, and International
Standard Book Number, if available.
(i) Report.--Upon an eligible entity's completion of a project
supported under this section, the eligible entity shall prepare and
submit a report to the Secretary regarding--
(1) the effectiveness of the project in expanding the use
of open textbooks and in achieving savings for students;
(2) the impact of the project on expanding the use of open
textbooks at institutions of higher education outside of the
eligible entity;
(3) open textbooks, supplemental materials, and
informational resources created or adapted wholly or in part
under the grant, including instructions on where the public can
access each educational resource under the terms of subsection
(h);
(4) the impact of the project on instruction and student
learning outcomes; and
(5) all project costs, including the value of any volunteer
labor and institutional capital used for the project.
(j) Annual Report to Congress.--Not later than 2 years after the
date of enactment of this Act, and annually thereafter, the Secretary
shall prepare and submit a report to the Committee on Health,
Education, Labor, and Pensions of the Senate and the Committee on
Education and the Workforce of the House of Representatives detailing--
(1) the open textbooks, supplemental materials, and
informational resources created or adapted wholly or in part
under this section;
(2) the adoption of such open textbooks, including outside
of the eligible entity;
(3) the savings generated for students, States, and the
Federal Government through projects supported under this
section; and
(4) the impact of projects supported under this section on
instruction and student learning outcomes.
(k) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section such sums as are necessary.
SEC. 4. TEXTBOOK PRICE INFORMATION.
Section 133 of the Higher Education Act of 1965 (20 U.S.C. 1015b)
is amended--
(1) in subsection (b)--
(A) by striking paragraph (6) and inserting the
following:
``(6) Open educational resource.--The term `open
educational resource' means a teaching, learning, or research
resource that is offered freely to users in at least one form
and that resides in the public domain or has been released
under an open copyright license that allows for its free use,
reuse, modification, and sharing with attribution.''; and
(B) in paragraph (9), by striking ``textbook that''
and all that follows through the period at the end and
inserting ``textbook that may include printed
materials, website access, and electronically
distributed materials.'';
(2) in subsection (c)(1)--
(A) in the matter preceding subparagraph (A), by
striking ``or other person or adopting entity in charge
of selecting course materials'' and inserting ``or
other person or entity in charge of selecting or aiding
in the discovery and procurement of course materials'';
(B) in subparagraph (A), by inserting ``such
institution of higher education or to'' after ``would
make the college textbook or supplemental material
available to''; and
(C) by adding at the end the following:
``(E) Whether the college textbook or supplemental
material is an open educational resource.
``(F) For a college textbook or supplemental
material delivered primarily in a digital format, a
summary of terms and conditions under which a publisher
collects and uses student data through the student's
use of such college textbook or supplemental material,
including whether a student can opt out of such terms
and conditions.'';
(3) in subsection (d)--
(A) in the subsection heading, by striking
``ISBN''; and
(B) by striking paragraph (1) and inserting the
following:
``(1) verify and disclose, on (or linked from) the
institution's Internet course schedule, for each course listed
in such course schedule, and in a manner of the institution's
choosing (except that if the institution determines that the
disclosure of the information described in this subsection is
not practicable or available for a college textbook or
supplemental material, then the institution shall indicate the
status of such information in lieu of the information required
under this subsection)--
``(A) the International Standard Book Number of
required and recommended college textbooks and
supplemental materials, except that if the
International Standard Book Number is not available for
such college textbook or supplemental material, then
the institution shall include in the Internet course
schedule the author, title, publisher, and copyright
date for such college textbook or supplemental
material;
``(B) the retail price of required and recommended
college textbooks and supplemental materials;
``(C) any applicable fee information of required
and recommended college textbooks and supplemental
materials;
``(D) whether each required and recommended college
textbook and supplemental material is an open
educational resource; and
``(E) for a college textbook or supplemental
material delivered primarily in a digital format, a
link to the summary required to be provided by the
publisher under subsection (c)(1)(F); and'';
(4) by striking subsection (e) and inserting the following:
``(e) Availability of Information for College Bookstores.--
``(1) In general.--An institution of higher education
receiving Federal financial assistance shall assist a college
bookstore that is operated by, or in a contractual relationship
or otherwise affiliated with, the institution, in obtaining
required and recommended course materials information and such
course schedule and enrollment information as is reasonably
required to implement this section so that such bookstore may--
``(A) verify availability of such materials;
``(B) source lower cost options, including
presenting lower cost alternatives to faculty for
faculty to consider, when practicable; and
``(C) maximize the availability of format options
for students.
``(2) Due dates.--In carrying out paragraph (1), an
institution of higher education may establish due dates for
faculty or departments to notify the campus bookstore of
required and recommended course materials.''; and
(5) in subsection (f)--
(A) by redesignating paragraphs (3) and (4) as
paragraphs (4) and (5); and
(B) by inserting after paragraph (2) the following:
``(3) available open educational resources;''.
SEC. 5. SENSE OF CONGRESS.
It is the sense of Congress that institutions of higher education
should encourage the consideration of open textbooks by faculty within
the generally accepted principles of academic freedom that establishes
the right and responsibility of faculty members, individually and
collectively, to select course materials that are pedagogically most
appropriate for their classes.
SEC. 6. GAO REPORT.
Not later than 3 years after the date of enactment of this Act, the
Comptroller General of the United States shall prepare and submit a
report to the Committee on Health, Education, Labor, and Pensions of
the Senate and the Committee on Education and the Workforce of the
House of Representatives on the cost of textbooks to students at
institutions of higher education. The report shall particularly
examine--
(1) the implementation of section 133 of the Higher
Education Act of 1965 (20 U.S.C. 1015b), as amended by section
4, including--
(A) the availability of college textbook and open
educational resource information on course schedules;
(B) the compliance of publishers with applicable
requirements under such section; and
(C) the costs and benefits to institutions of
higher education and to students;
(2) the change in the cost of textbooks;
(3) the factors, including open textbooks, that have
contributed to the change of the cost of textbooks;
(4) the extent to which open textbooks are used at
institutions of higher education; and
(5) how institutions are tracking the impact of open
textbooks on instruction and student learning outcomes.
<all>
</pre></body></html>
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|
118S979
|
H–1B and L–1 Visa Reform Act of 2023
|
[
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"Sen. Durbin, Richard J. [D-IL]",
"sponsor"
],
[
"G000386",
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[
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"Sen. Brown, Sherrod [D-OH]",
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],
[
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"Sen. Blumenthal, Richard [D-CT]",
"cosponsor"
]
] |
<html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 979 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 979
To amend the Immigration and Nationality Act to reform and reduce fraud
and abuse in certain visa programs for aliens working temporarily in
the United States, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
March 27, 2023
Mr. Durbin (for himself, Mr. Grassley, Mr. Sanders, Mr. Tuberville, Mr.
Brown, and Mr. Blumenthal) introduced the following bill; which was
read twice and referred to the Committee on the Judiciary
_______________________________________________________________________
A BILL
To amend the Immigration and Nationality Act to reform and reduce fraud
and abuse in certain visa programs for aliens working temporarily in
the United States, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``H-1B and L-1 Visa
Reform Act of 2023''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
TITLE I--H-1B VISA FRAUD AND ABUSE PROTECTIONS
Subtitle A--H-1B Employer Application Requirements
Sec. 101. Modification of application requirements.
Sec. 102. New application requirements.
Sec. 103. Application review requirements.
Sec. 104. H-1B visa allocation.
Sec. 105. H-1B workers employed by institutions of higher education.
Sec. 106. Specialty occupation to require an actual degree.
Sec. 107. Labor condition application fee.
Sec. 108. H-1B subpoena authority for the Department of Labor.
Sec. 109. Limitation on extension of H-1B petition.
Sec. 110. Elimination of B-1 visas in lieu of H-1 visas.
Subtitle B--Investigation and Disposition of Complaints Against H-1B
Employers
Sec. 111. General modification of procedures for investigation and
disposition.
Sec. 112. Investigation, working conditions, and penalties.
Sec. 113. Waiver requirements.
Sec. 114. Initiation of investigations.
Sec. 115. Information sharing.
Sec. 116. Conforming amendment.
Subtitle C--Other Protections
Sec. 121. Posting available positions through the Department of Labor.
Sec. 122. Transparency and report on wage system.
Sec. 123. Requirements for information for H-1B and L-1 nonimmigrants.
Sec. 124. Additional Department of Labor employees.
Sec. 125. Technical correction.
Sec. 126. Application.
TITLE II--L-1 VISA FRAUD AND ABUSE PROTECTIONS
Sec. 201. Prohibition on displacement of United States workers and
restricting outplacement of L-1
nonimmigrants.
Sec. 202. L-1 employer petition requirements for employment at new
offices.
Sec. 203. Cooperation with Secretary of State.
Sec. 204. Investigation and disposition of complaints against L-1
employers.
Sec. 205. Wage rate and working conditions for L-1 nonimmigrants.
Sec. 206. Penalties.
Sec. 207. Prohibition on retaliation against L-1 nonimmigrants.
Sec. 208. Adjudication by Department of Homeland Security of petitions
under blanket petition.
Sec. 209. Reports on employment-based nonimmigrants.
Sec. 210. Specialized knowledge.
Sec. 211. Technical amendments.
Sec. 212. Application.
TITLE I--H-1B VISA FRAUD AND ABUSE PROTECTIONS
Subtitle A--H-1B Employer Application Requirements
SEC. 101. MODIFICATION OF APPLICATION REQUIREMENTS.
(a) General Application Requirements.--Section 212(n)(1)(A) of the
Immigration and Nationality Act (8 U.S.C. 1182(n)(1)(A)) is amended to
read as follows:
``(A) The employer--
``(i) is offering and will offer to H-1B
nonimmigrants, during the period of authorized
employment for each H-1B nonimmigrant, wages that are
determined based on the best information available at
the time the application is filed and which are not
less than the highest of--
``(I) the locally determined prevailing
wage level for the occupational classification
in the area of employment;
``(II) the median wage for all workers in
the occupational classification in the area of
employment; and
``(III) the median wage for skill level 2
in the occupational classification found in the
most recent Occupational Employment Statistics
survey; and
``(ii) will provide working conditions for such H-
1B nonimmigrant that will not adversely affect the
working conditions of United States workers similarly
employed by the employer or by an employer with which
such H-1B nonimmigrant is placed pursuant to a waiver
under paragraph (2)(E).''.
(b) Internet Posting Requirement.--Section 212(n)(1)(C) of such Act
(8 U.S.C. 1182(n)(1)(C)) is amended--
(1) by redesignating clause (ii) as subclause (II);
(2) by striking ``(i) has provided'' and inserting the
following:
``(ii)(I) has provided''; and
(3) by inserting before clause (ii), as redesignated by
paragraph (2), the following:
``(i) has posted on the internet website described
in paragraph (3), for at least 30 calendar days, a
detailed description of each position for which a
nonimmigrant is sought that includes a description of--
``(I) the wages and other terms and
conditions of employment;
``(II) the minimum education, training,
experience, and other requirements for the
position; and
``(III) the process for applying for the
position; and''.
(c) Wage Determination Information.--Section 212(n)(1)(D) of such
Act (8 U.S.C. 1182(n)(1)(D)) is amended by inserting ``the wage
determination methodology used under subparagraph (A)(i),'' after
``shall contain''.
(d) Application of Requirements to All Employers.--
(1) Nondisplacement.--Section 212(n)(1)(E) of such Act (8
U.S.C. 1182(n)(1)(E)) is amended to read as follows:
``(E)(i) The employer--
``(I) will not at any time displace a United States
worker with 1 or more H-1B nonimmigrants; and
``(II) did not displace and will not displace a
United States worker employed by the employer within
the period beginning 180 days before and ending 180
days after the date of the placement of the
nonimmigrant with the employer.
``(ii) The 180-day periods referred to in clause (i) may
not include any period of on-site or virtual training of H-1B
nonimmigrants by employees of the employer.''.
(2) Recruitment.--Section 212(n)(1)(G)(i) of such Act (8
U.S.C. 1182(n)(1)(G)(i)) is amended by striking ``In the case
of an application described in subparagraph (E)(ii), subject''
and inserting ``Subject''.
(e) Waiver Requirement.--Section 212(n)(1)(F) of such Act (8 U.S.C.
1182(n)(1)(F)) is amended to read as follows:
``(F) The employer will not place, outsource, lease, or
otherwise contract for the services or placement of H-1B
nonimmigrants with another employer, regardless of the physical
location where such services will be performed, unless the
employer of the alien has been granted a waiver under paragraph
(2)(E).''.
SEC. 102. NEW APPLICATION REQUIREMENTS.
Section 212(n)(1) of the Immigration and Nationality Act (8 U.S.C.
1182(n)(1)), as amended by section 101, is further amended by inserting
after subparagraph (G) the following:
``(H)(i) The employer, or a person or entity acting on the
employer's behalf, has not advertised any available position
specified in the application in an advertisement that states or
indicates that--
``(I) such position is only available to an
individual who is or will be an H-1B nonimmigrant; or
``(II) an individual who is or will be an H-1B
nonimmigrant shall receive priority or a preference in
the hiring process for such position.
``(ii) The employer has not primarily recruited individuals
who are or who will be H-1B nonimmigrants to fill such
position.
``(I) If the employer employs 50 or more employees in the
United States--
``(i) the sum of the number of such employees who
are H-1B nonimmigrants plus the number of such
employees who are nonimmigrants described in section
101(a)(15)(L) does not exceed 50 percent of the total
number of employees; and
``(ii) the employer's corporate organization has
not been restructured to evade the limitation under
clause (i).
``(J) If the employer, in such previous period as the
Secretary shall specify, employed 1 or more H-1B nonimmigrants,
the employer shall submit to the Secretary the Internal Revenue
Service Form W-2 Wage and Tax Statements filed by the employer
with respect to the H-1B nonimmigrants for such period.''.
SEC. 103. APPLICATION REVIEW REQUIREMENTS.
(a) Technical Amendment.--Section 212(n)(1) of the Immigration and
Nationality Act (8 U.S.C. 1182(n)(1)), as amended by sections 101 and
102, is further amended, in the undesignated paragraph at the end, by
striking ``The employer'' and inserting the following:
``(K) The employer.''.
(b) Application Review Requirements.--Section 212(n)(1)(K), as
designated by subsection (a), is amended--
(1) in the fourth sentence, by inserting ``and through the
Department of Labor's website, without charge.'' after
``D.C.'';
(2) in the fifth sentence, by striking ``only for
completeness'' and inserting ``for completeness, indicators of
fraud or misrepresentation of material fact,'';
(3) in the sixth sentence--
(A) by striking ``or obviously inaccurate'' and
inserting ``, presents indicators of fraud or
misrepresentation of material fact, or is obviously
inaccurate''; and
(B) by striking ``within 7 days of'' and inserting
``not later than 14 days after''; and
(4) by adding at the end the following: ``If the Secretary
of Labor's review of an application identifies indicators of
fraud or misrepresentation of material fact, the Secretary may
conduct an investigation and hearing in accordance with
paragraph (2).''.
SEC. 104. H-1B VISA ALLOCATION.
Section 214(g)(3) of the Immigration and Nationality Act (8 U.S.C.
1184(g)(3)), is amended--
(1) by striking the first sentence and inserting the
following:
``(A) Subject to subparagraph (B), aliens who are subject
to the numerical limitations under paragraph (1)(A) shall be
issued visas, or otherwise provided nonimmigrant status, in a
manner and order established by the Secretary of Homeland
Security, by regulation.''; and
(2) by adding at the end the following:
``(B) The Secretary shall consider petitions for
nonimmigrant status under section 101(a)(15)(H)(i)(b) in the
following order:
``(i) Petitions for nonimmigrants described in
section 101(a)(15)(F) who, while physically present in
the United States, have earned an advanced degree in a
field of science, technology, engineering, or
mathematics from a United States institution of higher
education (as defined in section 101(a) of the Higher
Education Act of 1965 (20 U.S.C. 1001(a))) that has
been accredited by an accrediting entity that is
recognized by the Department of Education.
``(ii) Petitions certifying that the employer will
be paying the nonimmigrant the median wage for skill
level 4 in the occupational classification found in the
most recent Occupational Employment Statistics survey.
``(iii) Petitions for nonimmigrants described in
section 101(a)(15)(F) who are graduates of any other
advanced degree program, undertaken while physically
present in the United States, from an institution of
higher education described in clause (i).
``(iv) Petitions certifying that the employer will
be paying the nonimmigrant the median wage for skill
level 3 in the occupational classification found in the
most recent Occupational Employment Statistics survey.
``(v) Petitions for nonimmigrants described in
section 101(a)(15)(F) who are graduates of a bachelor's
degree program, undertaken while physically present in
the United States, in a field of science, technology,
engineering, or mathematics from an institution of
higher education described in clause (i).
``(vi) Petitions for nonimmigrants described in
section 101(a)(15)(F) who are graduates of bachelor's
degree programs, undertaken while physically present in
the United States, in any other fields from an
institution of higher education described in clause
(i).
``(vii) Petitions for aliens who will be working in
occupations listed in Group I of the Department of
Labor's Schedule A of occupations in which the
Secretary of Labor has determined there are not
sufficient United States workers who are able, willing,
qualified, and available.
``(viii) Petitions filed by employers meeting the
following criteria of good corporate citizenship and
compliance with the immigration laws:
``(I) The employer is in possession of--
``(aa) a valid E-Verify company
identification number; or
``(bb) if the enterprise is using a
designated agent to perform E-Verify
queries, a valid E-Verify client
company identification number and
documentation from U.S. Citizenship and
Immigration Services that the
commercial enterprise is a participant
in good standing in the E-Verify
program.
``(II) The employer is not under
investigation by any Federal agency for
violation of the immigration laws or labor
laws.
``(III) A Federal agency has not
determined, during the immediately preceding 5
years, that the employer violated the
immigration laws or labor laws.
``(IV) During each of the preceding 3
fiscal years, at least 90 percent of the
petitions filed by the employer under section
101(a)(15)(H)(i)(b) were approved.
``(V) The employer has filed, pursuant to
section 204(a)(1)(F), employment-based
immigrant petitions, including an approved
labor certification application under section
212(a)(5)(A), for at least 90 percent of
employees imported under section
101(a)(15)(H)(i)(b) during the preceding 3
fiscal years.
``(ix) Any remaining petitions.
``(C) In this paragraph the term `field of science,
technology, engineering, or mathematics' means a field included
in the Department of Education's Classification of
Instructional Programs taxonomy within the summary groups of
computer and information sciences and support services,
engineering, biological and biomedical sciences, mathematics
and statistics, and physical sciences.''.
SEC. 105. H-1B WORKERS EMPLOYED BY INSTITUTIONS OF HIGHER EDUCATION.
Section 214(g)(5) of the Immigration and Nationality Act (8 U.S.C.
1184(g)(5)) is amended by striking ``is employed (or has received an
offer of employment) at'' each place such phrase appears and inserting
``is employed by (or has received an offer of employment from)''.
SEC. 106. SPECIALTY OCCUPATION TO REQUIRE AN ACTUAL DEGREE.
Section 214(i) of the Immigration and Nationality Act (8 U.S.C.
1184(i)) is amended--
(1) in paragraph (1), by amending subparagraph (B) to read
as follows:
``(B) attainment of a bachelor's or higher degree in the
specific specialty directly related to the occupation as a
minimum for entry into the occupation in the United States.'';
and
(2) by striking paragraph (2) and inserting the following:
``(2) For purposes of section 101(a)(15)(H)(i)(b), the requirements
under this paragraph, with respect to a specialty occupation, are--
``(A) full State licensure to practice in the occupation,
if such licensure is required to practice in the occupation; or
``(B) if a license is not required to practice in the
occupation--
``(i) completion of a United States degree
described in paragraph (1)(B) for the occupation; or
``(ii) completion of a foreign degree that is
equivalent to a United States degree described in
paragraph (1)(B) for the occupation.''.
SEC. 107. LABOR CONDITION APPLICATION FEE.
Section 212(n) of the Immigration and Nationality Act (8 U.S.C.
1182(n)), as amended by sections 101 through 103, is further amended by
adding at the end the following:
``(6)(A) The Secretary of Labor shall promulgate a regulation that
requires applicants under this subsection to pay a reasonable
application processing fee.
``(B) All of the fees collected under this paragraph shall be
deposited as offsetting receipts within the general fund of the
Treasury in a separate account, which shall be known as the `H-1B
Administration, Oversight, Investigation, and Enforcement Account' and
shall remain available until expended. The Secretary of the Treasury
shall refund amounts in such account to the Secretary of Labor for
salaries and related expenses associated with the administration,
oversight, investigation, and enforcement of the H-1B nonimmigrant visa
program.''.
SEC. 108. H-1B SUBPOENA AUTHORITY FOR THE DEPARTMENT OF LABOR.
Section 212(n)(2) of the Immigration and Nationality Act (8 U.S.C.
1182(n)(2)) is amended--
(1) by redesignating subparagraph (I) as subparagraph (J);
and
(2) by inserting after subparagraph (H) the following:
``(I) The Secretary of Labor is authorized to take such actions,
including issuing subpoenas and seeking appropriate injunctive relief
and specific performance of contractual obligations, as may be
necessary to ensure employer compliance with the terms and conditions
under this subsection. The rights and remedies provided to H-1B
nonimmigrants under this subsection are in addition to any other
contractual or statutory rights and remedies of such nonimmigrants and
are not intended to alter or affect such rights and remedies.''.
SEC. 109. LIMITATION ON EXTENSION OF H-1B PETITION.
Section 214(g)(4) of the Immigration and Nationality Act (8 U.S.C.
1184(g)(4)) is amended to read as follows:
``(4)(A) Except as provided in subparagraph (B), the period of
authorized admission of a nonimmigrant described in section
101(a)(15)(H)(i)(b) may not exceed 3 years.
``(B) The period of authorized admission of a nonimmigrant
described in subparagraph (A) who is the beneficiary of an approved
employment-based immigrant petition under section 204(a)(1)(F) may be
authorized for a period of up to 3 additional years if the total period
of stay does not exceed six years, except for an extension under
section 104(c) or 106(b) of the American Competitiveness in the Twenty-
first Century Act of 2000 (8 U.S.C. 1184 note).''.
SEC. 110. ELIMINATION OF B-1 VISAS IN LIEU OF H-1 VISAS.
Section 214(g) of the Immigration and Nationality Act (8 U.S.C.
1184(g)) is amended by adding at the end the following:
``(12) Unless otherwise authorized by law, an alien normally
classifiable under section 101(a)(15)(H)(i) who seeks admission to the
United States to provide services in a specialty occupation described
in paragraph (1) or (3) of subsection (i) may not be issued a visa or
admitted under section 101(a)(15)(B) for such purpose. Nothing in this
paragraph may be construed to authorize the admission of an alien under
section 101(a)(15)(B) who is coming to the United States for the
purpose of performing skilled or unskilled labor if such admission is
not otherwise authorized by law.''.
Subtitle B--Investigation and Disposition of Complaints Against H-1B
Employers
SEC. 111. GENERAL MODIFICATION OF PROCEDURES FOR INVESTIGATION AND
DISPOSITION.
Section 212(n)(2)(A) of the Immigration and Nationality Act (8
U.S.C. 1182(n)(2)(A)) is amended--
(1) by striking ``(A) Subject'' and inserting the
following:
``(A)(i) Subject'';
(2) by striking ``12 months'' and inserting ``two years'';
(3) by striking the last sentence; and
(4) by adding at the end the following:
``(ii)(I) Upon the receipt of a complaint under clause (i), the
Secretary may initiate an investigation to determine if such failure or
misrepresentation has occurred.
``(II) In conducting an investigation under subclause (I), the
Secretary may--
``(aa) conduct surveys of the degree to which employers
comply with the requirements under this subsection; and
``(bb) conduct compliance audits of employers that employ
H-1B nonimmigrants.
``(III) The Secretary shall--
``(aa) conduct annual compliance audits of not fewer than 1
percent of the employers that employ H-1B nonimmigrants during
the applicable calendar year;
``(bb) conduct annual compliance audits of each employer
with more than 100 employees who work in the United States if
more than 15 percent of such employees are H-1B nonimmigrants;
and
``(cc) make available to the public an executive summary or
report describing the general findings of the audits carried
out pursuant to this subclause.
``(iii) The process for receiving complaints under clause (i) shall
include a hotline that is accessible 24 hours a day, by telephonic and
electronic means.''.
SEC. 112. INVESTIGATION, WORKING CONDITIONS, AND PENALTIES.
Section 212(n)(2)(C) of the Immigration and Nationality Act (8
U.S.C. 1182(n)(2)(C)) is amended--
(1) in clause (i)--
(A) in the matter preceding subclause (I), by
striking ``a condition of paragraph (1)(B), (1)(E), or
(1)(F), a substantial failure to meet a condition of
paragraph (1)(C), (1)(D), or (1)(G)(i)(I)'' and
inserting ``a condition under subparagraph (A), (B),
(C), (D), (E), (F), (G)(i), (H), (I), or (J) of
paragraph (1)'';
(B) in subclause (I)--
(i) by striking ``$1,000'' and inserting
``$5,000''; and
(ii) by striking ``and'' at the end;
(C) in subclause (II)--
(i) by striking ``the Attorney General
shall not approve petitions'' and inserting
``the Secretary of Homeland Security or the
Secretary of State, as appropriate, shall not
approve petitions or applications'';
(ii) by striking ``under section 204 or
214(c)'' and inserting ``under section
101(a)(15)(E)(iii), 101(a)(15)(H)(i)(b1), 204,
214(c), or 214(e)''; and
(iii) by striking the period at the end and
inserting ``; and''; and
(D) by adding at the end the following:
``(III) an employer that violates paragraph (1)(A) shall be
liable to the employees harmed by such violation for lost wages
and benefits.'';
(2) in clause (ii)--
(A) in subclause (I)--
(i) by striking ``may'' and inserting
``shall''; and
(ii) by striking ``$5,000'' and inserting
``$25,000'';
(B) in subclause (II)--
(i) by striking ``the Attorney General
shall not approve petitions'' and inserting
``the Secretary of Homeland Security or the
Secretary of State, as appropriate, shall not
approve petitions or applications'';
(ii) by striking ``under section 204 or
214(c)'' and inserting ``under section
101(a)(15)(E)(iii), 101(a)(15)(H)(i)(b1), 204,
214(c), or 214(e)''; and
(iii) by striking the period at the end and
inserting ``; and''; and
(C) by adding at the end the following:
``(III) an employer that violates paragraph (1)(A) shall be
liable to the employees harmed by such violation for lost wages
and benefits.'';
(3) in clause (iii)--
(A) in the matter preceding subclause (I), by
striking ``the employer displaced a United States
worker employed by the employer within the period
beginning 90 days before and ending 90 days after the
date of filing of any visa petition supported by the
application'' and inserting ``a United States worker
employed at a worksite that the employer supplies with
nonimmigrant workers was displaced in violation of
paragraph (1)(E) or the conditions of a waiver under
subparagraph (E)'';
(B) in subclause (I)--
(i) by striking ``may'' and inserting
``shall'';
(ii) by striking ``$35,000'' and inserting
``$150,000''; and
(iii) by striking ``and'' at the end;
(C) in subclause (II)--
(i) by striking ``the Attorney General
shall not approve petitions'' and inserting
``the Secretary of Homeland Security or the
Secretary of State, as appropriate, shall not
approve petitions or applications'';
(ii) by striking ``under section 204 or
214(c)'' and inserting ``under section
101(a)(15)(E)(iii), 101(a)(15)(H)(i)(b1), 204,
214(c), or 214(e)''; and
(iii) by striking the period at the end and
inserting ``; and''; and
(D) by adding at the end the following:
``(III) an employer that violates paragraph (1)(A) shall be
liable to the employees harmed by such violation for lost wages
and benefits.'';
(4) by striking clause (iv) and inserting the following:
``(iv)(I) An employer that has filed an application under this
subsection violates this clause by taking, failing to take, or
threatening to take or fail to take a personnel action, or
intimidating, threatening, restraining, coercing, blacklisting,
discharging, or discriminating in any other manner against an employee
because the employee--
``(aa) disclosed information that the employee reasonably
believes evidences a violation of this subsection or any rule
or regulation pertaining to this subsection; or
``(bb) cooperated or sought to cooperate with the
requirements under this subsection or any rule or regulation
pertaining to this subsection.
``(II) In this subparagraph, the term `employee' includes--
``(aa) a current employee;
``(bb) a former employee; and
``(cc) an applicant for employment.
``(III) An employer that violates this clause shall be liable to
the employee harmed by such violation for lost wages and benefits.'';
and
(5) in clause (v)--
(A) by inserting ``(I)'' after ``(v)''; and
(B) by adding at the end the following:
``(II) Upon the termination of an H-1B nonimmigrant's employment on
account of such alien's disclosure of information or cooperation in an
investigation described in clause (iv), the nonimmigrant stay of any
beneficiary and any dependents listed on the beneficiary's petition
will be authorized and the alien will not accrue any period of unlawful
presence under section 212(a)(9) for a 90-day period or until the
expiration of the authorized validity period, whichever comes first,
following the date of such termination for the purpose of departure or
extension of nonimmigrant status based upon a subsequent offer of
employment.''; and
(6) in clause (vi)--
(A) by amending subclause (I) to read as follows:
``(I) It is a violation of this clause for an employer that has
filed an application under this subsection--
``(aa) to require an H-1B nonimmigrant to pay a penalty or
liquidated damages for ceasing employment with the employer
before a date agreed to by the nonimmigrant and the employer;
or
``(bb) to fail to offer to an H-1B nonimmigrant, during the
nonimmigrant's period of authorized employment, on the same
basis, and in accordance with the same criteria, as the
employer offers to United States workers, benefits and
eligibility for benefits, including--
``(AA) the opportunity to participate in health,
life, disability, and other insurance plans;
``(BB) the opportunity to participate in retirement
and savings plans; and
``(CC) cash bonuses and noncash compensation, such
as stock options (whether or not based on
performance).''; and
(B) in subclause (III), by striking ``$1,000'' and
inserting ``$5,000''.
SEC. 113. WAIVER REQUIREMENTS.
(a) In General.--Section 212(n)(2)(E) of the Immigration and
Nationality Act (8 U.S.C. 1182(n)(2)(E)) is amended to read as follows:
``(E)(i) The Secretary of Labor may waive the prohibition under
paragraph (1)(F) if the Secretary determines that the employer seeking
such waiver has established that--
``(I) the employer with which the H-1B nonimmigrant would
be placed--
``(aa) will not at any time displace a United
States worker with 1 or more H-1B nonimmigrants; and
``(bb) has not displaced and will not displace a
United States worker employed by the employer within
the period beginning 180 days before the date of the
placement of the nonimmigrant with the employer and
ending 180 days after such date (not including any
period of on-site or virtual training of H-1B
nonimmigrants by employees of the employer);
``(II) the H-1B nonimmigrant will be principally controlled
and supervised by the petitioning employer; and
``(III) the placement of the H-1B nonimmigrant is not
essentially an arrangement to provide labor for hire for the
employer with which the H-1B nonimmigrant will be placed.
``(ii) The Secretary shall grant or deny a waiver under this
subparagraph not later than seven days after the date on which the
Secretary receives an application for such waiver.''.
(b) Rulemaking.--
(1) Rules for waivers.--The Secretary of Labor, after
notice and a period for comment, shall promulgate a final rule
for an employer to apply for a waiver under section
212(n)(2)(E) of the Immigration and Nationality Act, as amended
by subsection (a).
(2) Requirement for publication.--The Secretary of Labor
shall submit to Congress, and publish in the Federal Register
and in other appropriate media, a notice of the date on which
the rules required under paragraph (1) are promulgated.
SEC. 114. INITIATION OF INVESTIGATIONS.
Section 212(n)(2)(G) of the Immigration and Nationality Act (8
U.S.C. 1182(n)(2)(G)) is amended--
(1) in clause (i), by striking ``if the Secretary of
Labor'' and all that follows and inserting ``with regard to the
employer's compliance with the requirements under this
subsection.'';
(2) in clause (ii), by striking ``and whose identity'' and
all that follows through ``failure or failures.'' and inserting
``the Secretary may conduct an investigation into the
employer's compliance with the requirements under this
subsection.'';
(3) in clause (iii), by striking the last sentence;
(4) by striking clauses (iv) and (v);
(5) by redesignating clauses (vi), (vii), and (viii) as
clauses (iv), (v), and (vi), respectively;
(6) in clause (iv), as redesignated, by striking ``meet a
condition described in clause (ii), unless the Secretary of
Labor receives the information not later than 12 months'' and
inserting ``comply with the requirements under this subsection
unless the Secretary of Labor receives the information not
later than 2 years'';
(7) by amending clause (v), as redesignated, to read as
follows:
``(v)(I) Except as provided in subclause (II), the Secretary of
Labor shall provide notice to an employer of the intent to conduct an
investigation under this subparagraph. Such notice shall be provided in
such a manner, and shall contain sufficient detail, to permit the
employer to respond to the allegations before an investigation is
commenced.
``(II) The Secretary of Labor is not required to comply with
subclause (I) if the Secretary determines that such compliance would
interfere with an effort by the Secretary to investigate or secure
compliance by the employer with the requirements under this subsection.
``(III) A determination by the Secretary of Labor under this clause
shall not be subject to judicial review.'';
(8) in clause (vi), as redesignated, by striking ``An
investigation'' and all that follows through ``the
determination.'' and inserting ``If the Secretary of Labor,
after an investigation under clause (i) or (ii), determines
that a reasonable basis exists to make a finding that the
employer has failed to comply with the requirements under this
subsection, the Secretary, not later than 120 days after the
date of such determination, shall provide interested parties
with notice of such determination and an opportunity for a
hearing in accordance with section 556 of title 5, United
States Code.''; and
(9) by adding at the end the following:
``(vii) If the Secretary of Labor, after a hearing, finds a
reasonable basis to believe that the employer has violated the
requirements under this subsection, the Secretary shall impose a
penalty in accordance with subparagraph (C).''.
SEC. 115. INFORMATION SHARING.
Section 212(n)(2)(H) of the Immigration and Nationality Act (8
U.S.C. 1182(n)(2)(H)) is amended to read as follows:
``(H) The Director of U.S. Citizenship and Immigration Services
shall provide the Secretary of Labor with any information contained in
the materials submitted by employers of H-1B nonimmigrants as part of
the petition adjudication process that indicates that the employer is
not complying with visa program requirements for H-1B nonimmigrants.
The Secretary may initiate and conduct an investigation and hearing
under this paragraph after receiving information of noncompliance under
this subparagraph.''.
SEC. 116. CONFORMING AMENDMENT.
Section 212(n)(2)(F) of the Immigration and Nationality Act (8
U.S.C. 1182(n)(2)(F)) is amended by striking ``The preceding sentence
shall apply to an employer regardless of whether or not the employer is
an H-1B-dependent employer.''.
Subtitle C--Other Protections
SEC. 121. POSTING AVAILABLE POSITIONS THROUGH THE DEPARTMENT OF LABOR.
(a) Department of Labor Website.--Section 212(n)(3) of the
Immigration and Nationality Act (8 U.S.C. 1182(n)(3)) is amended to
read as follows:
``(3)(A) Not later than 90 days after the date of the enactment of
the H-1B and L-1 Visa Reform Act of 2023, the Secretary of Labor shall
establish a searchable internet website for posting positions in
accordance with paragraph (1)(C) that is available to the public
without charge.
``(B) The Secretary may work with private companies or nonprofit
organizations to develop and operate the internet website described in
subparagraph (A).
``(C) The Secretary may promulgate rules, after notice and a period
for comment, to carry out this paragraph.''.
(b) Publication Requirement.--The Secretary of Labor shall submit
to Congress, and publish in the Federal Register and in other
appropriate media, a notice of the date on which the internet website
required under section 212(n)(3) of the Immigration and Nationality
Act, as amended by subsection (a), will be operational.
(c) Application.--The amendment made by subsection (a) shall apply
to any application filed on or after the date that is 30 days after the
date described in subsection (b).
SEC. 122. TRANSPARENCY AND REPORT ON WAGE SYSTEM.
(a) Immigration Documents.--Section 204 of the Immigration and
Nationality Act (8 U.S.C. 1154) is amended by adding at the end the
following:
``(m) Employer To Provide Immigration Paperwork Exchanged With
Federal Agencies.--
``(1) In general.--Not later than 21 business days after
receiving a written request from a former, current, or
prospective employee listed as the beneficiary of an
employment-based nonimmigrant petition, the employer who filed
such petition shall provide such beneficiary with the original
(or a certified copy of the original) of all petitions,
notices, and other written communication exchanged between the
employer and the Department of Labor, the Department of
Homeland Security, or any other Federal agency or department
that is related to an immigrant or nonimmigrant petition filed
by the employer for such employee or beneficiary.
``(2) Withholding of financial or proprietary
information.--If a document required to be provided to an
employee or prospective employee under paragraph (1) includes
any sensitive financial or proprietary information of the
employer, the employer may redact such information from the
copies provided to such person.''.
(b) GAO Report on Job Classification and Wage Determinations.--Not
later than 1 year after the date of the enactment of this Act, the
Comptroller General of the United States shall prepare a report that--
(1) analyzes the accuracy and effectiveness of the
Secretary of Labor's current job classification and wage
determination system;
(2) specifically addresses whether the systems in place
accurately reflect the complexity of current job types and
geographic wage differences; and
(3) makes recommendations concerning necessary updates and
modifications.
SEC. 123. REQUIREMENTS FOR INFORMATION FOR H-1B AND L-1 NONIMMIGRANTS.
Section 214 of the Immigration and Nationality Act (8 U.S.C. 1184),
as amended by this Act, is further amended by adding at the end the
following:
``(s) Requirements for Information for H-1B and L-1
Nonimmigrants.--
``(1) In general.--Upon issuing a visa to an applicant, who
is outside the United States, for nonimmigrant status pursuant
to subparagraph (H)(i)(b) or (L) of section 101(a)(15), the
issuing office shall provide the applicant with--
``(A) a brochure outlining the obligations of the
applicant's employer and the rights of the applicant
with regard to employment under Federal law, including
labor and wage protections;
``(B) the contact information for appropriate
Federal agencies or departments that offer additional
information or assistance in clarifying such
obligations and rights; and
``(C) a copy of the petition submitted for the
nonimmigrant under section 212(n) or the petition
submitted for the nonimmigrant under subsection
(c)(2)(A), as appropriate.
``(2) Applicants inside the united states.--Upon the
approval of an initial petition filed for an alien who is in
the United States and seeking status under subparagraph
(H)(i)(b) or (L) of section 101(a)(15), the Secretary of
Homeland Security shall provide the applicant with the material
described in subparagraphs (A), (B), and (C) of paragraph
(1).''.
SEC. 124. ADDITIONAL DEPARTMENT OF LABOR EMPLOYEES.
(a) In General.--The Secretary of Labor is authorized to hire up to
200 additional employees to administer, oversee, investigate, and
enforce programs involving nonimmigrant employees described in section
101(a)(15)(H)(i)(b) of the Immigration and Nationality Act (8 U.S.C.
1101(a)(15)(H)(i)(b)).
(b) Source of Funds.--The cost of hiring the additional employees
authorized to be hired under subsection (a) shall be recovered with
funds from the H-1B Administration, Oversight, Investigation, and
Enforcement Account established under section 212(n)(6) of the
Immigration and Nationality Act, as added by section 107.
SEC. 125. TECHNICAL CORRECTION.
Section 212 of the Immigration and Nationality Act (8 U.S.C. 1182)
is amended by redesignating the second subsection (t), as added by
section 1(b)(2)(B) of the Act entitled ``An Act to amend and extend the
Irish Peace Process Cultural and Training Program Act of 1998'' (Public
Law 108-449; 118 Stat. 3470), as subsection (u).
SEC. 126. APPLICATION.
Except as specifically otherwise provided, the amendments made by
this title shall apply to petitions and applications filed on or after
the date of the enactment of this Act.
TITLE II--L-1 VISA FRAUD AND ABUSE PROTECTIONS
SEC. 201. PROHIBITION ON DISPLACEMENT OF UNITED STATES WORKERS AND
RESTRICTING OUTPLACEMENT OF L-1 NONIMMIGRANTS.
(a) Restriction on Outplacement of L-1 Workers.--Section
214(c)(2)(F) of the Immigration and Nationality Act (8 U.S.C.
1184(c)(2)(F)) is amended to read as follows:
``(F)(i) Unless an employer receives a waiver under clause (ii), an
employer may not employ an alien, for a cumulative period exceeding 1
year, who--
``(I) will serve in a capacity involving specialized
knowledge with respect to an employer for purposes of section
101(a)(15)(L); and
``(II) will be stationed primarily at the worksite of an
employer other than the petitioning employer or its affiliate,
subsidiary, or parent, including pursuant to an outsourcing,
leasing, or other contracting agreement.
``(ii) The Secretary of Labor may grant a waiver of the
requirements under clause (i) if the Secretary determines that the
employer requesting such waiver has established that--
``(I) the employer with which the alien referred to in
clause (i) would be placed--
``(aa) will not at any time displace (as defined in
section 212(n)(4)(B)) a United States worker (as
defined in section 212(n)(4)(E)) with 1 or more
nonimmigrants described in section 101(a)(15)(L); and
``(bb) has not displaced and will not displace (as
defined in section 212(n)(4)(B)) a United States worker
(as defined in section 212(n)(4)(E)) employed by the
employer within the period beginning 180 days before
the date of the placement of such alien with the
employer and ending 180 days after such date (not
including any period of on-site or virtual training of
nonimmigrants described in section 101(a)(15)(L) by
employees of the employer);
``(II) such alien will be principally controlled and
supervised by the petitioning employer; and
``(III) the placement of the nonimmigrant is not
essentially an arrangement to provide labor for hire for an
unaffiliated employer with which the nonimmigrant will be
placed, rather than a placement in connection with the
provision of a product or service for which specialized
knowledge specific to the petitioning employer is necessary.
``(iii) The Secretary shall grant or deny a waiver under clause
(ii) not later than seven days after the date on which the Secretary
receives the application for the waiver.''.
(b) Prohibition on Displacement of United States Workers.--Section
214(c)(2) of the Immigration and Nationality Act (8 U.S.C. 1184(c)(2))
is amended by adding at the end the following:
``(G)(i) An employer importing an alien as a nonimmigrant under
section 101(a)(15)(L)--
``(I) may not at any time displace (as defined in section
212(n)(4)(B)) a United States worker (as defined in section
212(n)(4)(E)) with 1 or more such nonimmigrants; and
``(II) may not displace (as defined in section
212(n)(4)(B)) a United States worker (as defined in section
212(n)(4)(E)) employed by the employer during the period
beginning 180 days before and ending 180 days after the date of
the placement of such a nonimmigrant with the employer.
``(ii) The 180-day periods referenced in clause (i) may not include
any period of on-site or virtual training of nonimmigrants described in
clause (i) by employees of the employer.''.
(c) Rulemaking.--The Secretary of Homeland Security, after notice
and a period for comment, shall promulgate rules for an employer to
apply for a waiver under section 214(c)(2)(F)(ii), as added by
subsection (a).
SEC. 202. L-1 EMPLOYER PETITION REQUIREMENTS FOR EMPLOYMENT AT NEW
OFFICES.
Section 214(c)(2) of the Immigration and Nationality Act (8 U.S.C.
1184(c)(2)), as amended by section 201, is further amended by adding at
the end the following:
``(H)(i) If the beneficiary of a petition under this paragraph is
coming to the United States to open, or to be employed in, a new
office, the petition may be approved for up to 12 months only if--
``(I) the alien has not been the beneficiary of 2 or more
petitions under this subparagraph during the immediately
preceding 2 years; and
``(II) the employer operating the new office has--
``(aa) an adequate business plan;
``(bb) sufficient physical premises to carry out
the proposed business activities; and
``(cc) the financial ability to commence doing
business immediately upon the approval of the petition.
``(ii) An extension of the approval period under clause (i) may not
be granted until the importing employer submits an application to the
Secretary of Homeland Security that contains--
``(I) evidence that the importing employer meets the
requirements of this subsection;
``(II) evidence that the beneficiary of the petition is
eligible for nonimmigrant status under section 101(a)(15)(L);
``(III) a statement summarizing the original petition;
``(IV) evidence that the importing employer has fully
complied with the business plan submitted under clause (i)(I);
``(V) evidence of the truthfulness of any representations
made in connection with the filing of the original petition;
``(VI) evidence that the importing employer, for the entire
period beginning on the date on which the petition was approved
under clause (i), has been doing business at the new office
through regular, systematic, and continuous provision of goods
and services;
``(VII) a statement of the duties the beneficiary has
performed at the new office during the approval period under
clause (i) and the duties the beneficiary will perform at the
new office during the extension period granted under this
clause;
``(VIII) a statement describing the staffing at the new
office, including the number of employees and the types of
positions held by such employees;
``(IX) evidence of wages paid to employees;
``(X) evidence of the financial status of the new office;
and
``(XI) any other evidence or data prescribed by the
Secretary.
``(iii) A new office employing the beneficiary of an L-1 petition
approved under this paragraph shall do business only through regular,
systematic, and continuous provision of goods and services for the
entire period for which the petition is sought.
``(iv) Notwithstanding clause (ii), and subject to the maximum
period of authorized admission set forth in subparagraph (D), the
Secretary of Homeland Security, in the Secretary's discretion, may
approve a subsequently filed petition on behalf of the beneficiary to
continue employment at the office described in this subparagraph for a
period beyond the initially granted 12-month period if the importing
employer has been doing business at the new office through regular,
systematic, and continuous provision of goods and services for the 6
months immediately preceding the date of extension petition filing and
demonstrates that the failure to satisfy any of the requirements
described in those subclauses was directly caused by extraordinary
circumstances, as determined by the Secretary in the Secretary's
discretion.''.
SEC. 203. COOPERATION WITH SECRETARY OF STATE.
Section 214(c)(2) of the Immigration and Nationality Act (8 U.S.C.
1184(c)(2)), as amended by sections 201 and 202, is further amended by
adding at the end the following:
``(I) The Secretary of Homeland Security shall work cooperatively
with the Secretary of State to verify the existence or continued
existence of a company or office in the United States or in a foreign
country for purposes of approving petitions under this paragraph.''.
SEC. 204. INVESTIGATION AND DISPOSITION OF COMPLAINTS AGAINST L-1
EMPLOYERS.
Section 214(c)(2) of the Immigration and Nationality Act (8 U.S.C.
1184(c)(2)), as amended by sections 201 through 203, is further amended
by adding at the end the following:
``(J)(i) The Secretary of Homeland Security may initiate an
investigation of any employer that employs nonimmigrants described in
section 101(a)(15)(L) with regard to the employer's compliance with the
requirements under this subsection.
``(ii) If the Secretary receives specific credible information from
a source who is likely to have knowledge of an employer's practices,
employment conditions, or compliance with the requirements under this
subsection, the Secretary may conduct an investigation into the
employer's compliance with the requirements of this subsection. The
Secretary may withhold the identity of the source from the employer,
and the source's identity shall not be subject to disclosure under
section 552 of title 5, United States Code.
``(iii) The Secretary shall establish a procedure for any person
desiring to provide to the Secretary information described in clause
(ii) that may be used, in whole or in part, as the basis for the
commencement of an investigation described in such clause, to provide
the information in writing on a form developed and provided by the
Secretary and completed by or on behalf of the person.
``(iv) No investigation described in clause (ii) (or hearing
described in clause (vi) based on such investigation) may be conducted
with respect to information about a failure to comply with the
requirements under this subsection, unless the Secretary receives the
information not later than 24 months after the date of the alleged
failure.
``(v) Before commencing an investigation of an employer under
clause (i) or (ii), the Secretary shall provide notice to the employer
of the intent to conduct such investigation. The notice shall be
provided in such a manner, and shall contain sufficient detail, to
permit the employer to respond to the allegations before an
investigation is commenced. The Secretary is not required to comply
with this clause if the Secretary determines that to do so would
interfere with an effort by the Secretary to investigate or secure
compliance by the employer with the requirements of this subsection.
There shall be no judicial review of a determination by the Secretary
under this clause.
``(vi) If the Secretary, after an investigation under clause (i) or
(ii), determines that a reasonable basis exists to make a finding that
the employer has failed to comply with the requirements under this
subsection, the Secretary shall provide the interested parties with
notice of such determination and an opportunity for a hearing in
accordance with section 556 of title 5, United States Code, not later
than 120 days after the date of such determination. If such a hearing
is requested, the Secretary shall make a finding concerning the matter
by not later than 120 days after the date of the hearing.
``(vii) If the Secretary, after a hearing, finds a reasonable basis
to believe that the employer has violated the requirements under this
subsection, the Secretary shall impose a penalty under subparagraph
(L).
``(viii)(I) The Secretary may conduct surveys of the degree to
which employers comply with the requirements under this section.
``(II) The Secretary shall--
``(aa) conduct annual compliance audits of not less than 1
percent of the employers that employ nonimmigrants described in
section 101(a)(15)(L) during the applicable fiscal year;
``(bb) conduct annual compliance audits of each employer
with more than 100 employees who work in the United States if
more than 15 percent of such employees are nonimmigrants
described in section 101(a)(15)(L); and
``(cc) make available to the public an executive summary or
report describing the general findings of the audits carried
out pursuant to this subclause.
``(ix) The Secretary is authorized to take other such actions,
including issuing subpoenas and seeking appropriate injunctive relief
and specific performance of contractual obligations, as may be
necessary to assure employer compliance with the terms and conditions
under this paragraph. The rights and remedies provided to nonimmigrants
described in section 101(a)(15)(L) under this paragraph are in addition
to, and not in lieu of, any other contractual or statutory rights and
remedies of such nonimmigrants, and are not intended to alter or affect
such rights and remedies.''.
SEC. 205. WAGE RATE AND WORKING CONDITIONS FOR L-1 NONIMMIGRANTS.
(a) In General.--Section 214(c)(2) of the Immigration and
Nationality Act (8 U.S.C. 1184(c)(2)), as amended by sections 201
through 204, is further amended by adding at the end the following:
``(K)(i) An employer that employs a nonimmigrant described in
section 101(a)(15)(L) for a cumulative period of time in excess of 1
year shall--
``(I) offer such nonimmigrant, during the period of
authorized employment, wages, based on the best information
available at the time the application is filed, which are not
less than the highest of--
``(aa) the locally determined prevailing wage level
for the occupational classification in the area of
employment;
``(bb) the median wage for all workers in the
occupational classification in the area of employment;
and
``(cc) the median wage for skill level 2 in the
occupational classification found in the most recent
Occupational Employment Statistics survey; and
``(II) provide working conditions for such nonimmigrant
that will not adversely affect the working conditions of
workers similarly employed by the employer or by an employer
with which such nonimmigrant is placed pursuant to a waiver
under subparagraph (F)(ii).
``(ii) If an employer, in such previous period specified by the
Secretary of Homeland Security, employed 1 or more such nonimmigrants,
the employer shall provide to the Secretary of Homeland Security the
Internal Revenue Service Form W-2 Wage and Tax Statement filed by the
employer with respect to such nonimmigrants for such period.
``(iii) It is a failure to meet a condition under this subparagraph
for an employer who has filed a petition to import 1 or more aliens as
nonimmigrants described in section 101(a)(15)(L)--
``(I) to require such a nonimmigrant to pay a penalty or
liquidated damages for ceasing employment with the employer
before a date mutually agreed to by the nonimmigrant and the
employer; or
``(II) to fail to offer to such a nonimmigrant, during the
nonimmigrant's period of authorized employment, on the same
basis, and in accordance with the same criteria, as the
employer offers to United States workers, benefits and
eligibility for benefits, including--
``(aa) the opportunity to participate in health,
life, disability, and other insurance plans;
``(bb) the opportunity to participate in retirement
and savings plans; and
``(cc) cash bonuses and noncash compensation, such
as stock options (whether or not based on
performance).''.
(b) Rulemaking.--The Secretary of Homeland Security, after notice
and a period of comment and taking into consideration any special
circumstances relating to intracompany transfers, shall promulgate
rules to implement the requirements under section 214(c)(2)(K) of the
Immigration and Nationality Act, as added by subsection (a).
SEC. 206. PENALTIES.
Section 214(c)(2) of the Immigration and Nationality Act (8 U.S.C.
1184(c)(2)), as amended by sections 201 through 205, is further amended
by adding at the end the following:
``(L)(i) If the Secretary of Homeland Security determines, after
notice and an opportunity for a hearing, that an employer failed to
meet a condition under subparagraph (F), (G), (K), or (M), or
misrepresented a material fact in a petition to employ 1 or more aliens
as nonimmigrants described in section 101(a)(15)(L)--
``(I) the Secretary shall impose such administrative
remedies (including civil monetary penalties in an amount not
to exceed $5,000 per violation) as the Secretary determines to
be appropriate;
``(II) the Secretary of Homeland Security or the Secretary
of State, as appropriate, shall not approve petitions or
applications filed with respect to that employer during a
period of at least 1 year for 1 or more aliens to be employed
as such nonimmigrants by the employer; and
``(III) in the case of a violation of subparagraph (K) or
(M), the employer shall be liable to the employees harmed by
such violation for lost wages and benefits.
``(ii) If the Secretary finds, after notice and an opportunity for
a hearing, a willful failure by an employer to meet a condition under
subparagraph (F), (G), (K), or (M) or a willful misrepresentation of
material fact in a petition to employ 1 or more aliens as nonimmigrants
described in section 101(a)(15)(L)--
``(I) the Secretary shall impose such administrative
remedies (including civil monetary penalties in an amount not
to exceed $25,000 per violation) as the Secretary determines to
be appropriate;
``(II) the Secretary of Homeland Security or the Secretary
of State, as appropriate, shall not approve petitions or
applications filed with respect to that employer during a
period of at least 2 years for 1 or more aliens to be employed
as such nonimmigrants by the employer; and
``(III) in the case of a violation of subparagraph (K) or
(M), the employer shall be liable to the employees harmed by
such violation for lost wages and benefits.''.
SEC. 207. PROHIBITION ON RETALIATION AGAINST L-1 NONIMMIGRANTS.
Section 214(c)(2) of the Immigration and Nationality Act (8 U.S.C.
1184(c)(2)), as amended by sections 201 through 206, is further amended
by adding at the end the following:
``(M)(i) An employer that has filed a petition to import 1 or more
aliens as nonimmigrants described in section 101(a)(15)(L) violates
this subparagraph by taking, failing to take, or threatening to take or
fail to take, a personnel action, or intimidating, threatening,
restraining, coercing, blacklisting, discharging, or discriminating in
any other manner against an employee because the employee--
``(I) has disclosed information that the employee
reasonably believes evidences a violation of this subsection,
or any rule or regulation pertaining to this subsection; or
``(II) cooperates or seeks to cooperate with the
requirements under this subsection, or any rule or regulation
pertaining to this subsection.
``(ii) Upon termination of the employment of an alien described in
section 101(a)(15)(L) on account of actions by such alien described in
subclauses (I) and (II) of clause (i), such alien's nonimmigrant stay
and the stay of any beneficiary and any dependents listed on the
beneficiary's petition or application will be authorized and the aliens
will not accrue any period of unlawful presence under section 212(a)(9)
for a 90-day period or upon the expiration of the authorized validity
period, whichever comes first, following the date of such termination
for the purpose of departure or extension of nonimmigrant status based
upon a subsequent offer of employment.
``(iii) In this subparagraph, the term `employee' includes--
``(I) a current employee;
``(II) a former employee; and
``(III) an applicant for employment.''.
SEC. 208. ADJUDICATION BY DEPARTMENT OF HOMELAND SECURITY OF PETITIONS
UNDER BLANKET PETITION.
(a) In General.--Section 214(c)(2)(A) of the Immigration and
Nationality Act (8 U.S.C. 1184(c)(2)(A)) is amended to read as follows:
``(A) The Secretary of Homeland Security shall establish a
procedure under which an importing employer that meets the requirements
established by the Secretary may file a blanket petition with the
Secretary to authorize aliens to enter the United States as
nonimmigrants described in section 101(a)(15)(L) instead of filing
individual petitions under paragraph (1) on behalf of such aliens. Such
procedure shall permit--
``(i) the expedited adjudication by the Secretary of
Homeland Security of individual petitions covered under such
blanket petitions; and
``(ii) the expedited processing by the Secretary of State
of visas for admission of aliens covered under such blanket
petitions.''.
(b) Effective Date.--The amendment made by subsection (a) shall
apply to petitions filed on or after the date of the enactment of this
Act.
SEC. 209. REPORTS ON EMPLOYMENT-BASED NONIMMIGRANTS.
(a) In General.--Section 214(c)(8) of the Immigration and
Nationality Act (8 U.S.C. 1184(c)(8)) is amended to read as follows--
``(8) The Secretary of Homeland Security or Secretary of State, as
appropriate, shall submit an annual report to the Committee on the
Judiciary of the Senate and the Committee on the Judiciary of the House
of Representatives that describes, with respect to petitions under
subsection (e) and each subcategory of subparagraphs (H), (L), (O),
(P), and (Q) of section 101(a)(15)--
``(A) the number of such petitions (or applications for
admission, in the case of applications by Canadian nationals
seeking admission under subsection (e) or section
101(a)(15)(L)) which have been filed;
``(B) the number of such petitions which have been approved
and the number of workers (by occupation) included in such
approved petitions;
``(C) the number of such petitions which have been denied
and the number of workers (by occupation) requested in such
denied petitions;
``(D) the number of such petitions which have been
withdrawn;
``(E) the number of such petitions which are awaiting final
action;
``(F) the number of aliens in the United States under each
subcategory under section 101(a)(15)(H); and
``(G) the number of aliens in the United States under each
subcategory under section 101(a)(15)(L).''.
(b) Nonimmigrant Characteristics Report.--Section 416(c) of the
American Competitiveness and Workforce Improvement Act of 1998 (8
U.S.C. 1184 note) is amended--
(1) by amending paragraph (2) to read as follows:
``(2) Annual h-1b nonimmigrant characteristics report.--The
Secretary of Homeland Security shall submit an annual report to
the Committee on the Judiciary of the Senate and the Committee
on the Judiciary of the House of Representatives that
contains--
``(A) for the previous fiscal year--
``(i) information on the countries of
origin of, occupations of, educational levels
attained by, and compensation paid to, aliens
who were issued visas or provided nonimmigrant
status under section 101(a)(15)(H)(i)(b) of the
Immigration and Nationality Act (8 U.S.C.
1101(a)(15)(H)(i)(b));
``(ii) a list of all employers who
petitioned for H-1B workers, the number of such
petitions filed and approved for each such
employer, the occupational classifications for
the approved positions, and the number of H-1B
nonimmigrants for whom each such employer filed
an employment-based immigrant petition pursuant
to section 204(a)(1)(F) of the Immigration and
Nationality Act (8 U.S.C. 1154(a)(1)(F)); and
``(iii) the number of employment-based
immigrant petitions filed pursuant to such
section 204(a)(1)(F) on behalf of H-1B
nonimmigrants;
``(B) a list of all employers for whom more than 15
percent of their United States workforce is H-1B or L-1
nonimmigrants;
``(C) a list of all employers for whom more than 50
percent of their United States workforce is H-1B or L-1
nonimmigrants;
``(D) a gender breakdown by occupation and by
country of origin of H-1B nonimmigrants;
``(E) a list of all employers who have been granted
a waiver under section 214(n)(2)(E) of the Immigration
and Nationality Act (8 U.S.C. 1184(n)(2)(E)); and
``(F) the number of H-1B nonimmigrants categorized
by their highest level of education and whether such
education was obtained in the United States or in a
foreign country.'';
(2) by redesignating paragraph (3) as paragraph (5);
(3) by inserting after paragraph (2) the following:
``(3) Annual l-1 nonimmigrant characteristics report.--The
Secretary of Homeland Security shall submit an annual report to
the Committee on the Judiciary of the Senate and the Committee
on the Judiciary of the House of Representatives that
contains--
``(A) for the previous fiscal year--
``(i) information on the countries of
origin of, occupations of, educational levels
attained by, and compensation paid to, aliens
who were issued visas or provided nonimmigrant
status under section 101(a)(15)(L) of the
Immigration and Nationality Act (8 U.S.C.
1101(a)(15)(L));
``(ii) a list of all employers who
petitioned for L-1 workers, the number of such
petitions filed and approved for each such
employer, the occupational classifications for
the approved positions, and the number of L-1
nonimmigrants for whom each such employer filed
an employment-based immigrant petition pursuant
to section 204(a)(1)(F) of the Immigration and
Nationality Act (8 U.S.C. 1154(a)(1)(F)); and
``(iii) the number of employment-based
immigrant petitions filed pursuant to such
section 204(a)(1)(F) on behalf of L-1
nonimmigrants;
``(B) a gender breakdown by occupation and by
country of L-1 nonimmigrants;
``(C) a list of all employers who have been granted
a waiver under section 214(c)(2)(F)(ii) of the
Immigration and Nationality Act (8 U.S.C.
1184(c)(2)(F)(ii));
``(D) the number of L-1 nonimmigrants categorized
by their highest level of education and whether such
education was obtained in the United States or in a
foreign country;
``(E) the number of applications that have been
filed for each subcategory of nonimmigrant described
under section 101(a)(15)(L) of the Immigration and
Nationality Act (8 U.S.C. 1101(a)(15)(L)), based on an
approved blanket petition under section 214(c)(2)(A) of
such Act; and
``(F) the number of applications that have been
approved for each subcategory of nonimmigrant described
under such section 101(a)(15)(L), based on an approved
blanket petition under such section 214(c)(2)(A).
``(4) Annual h-1b employer survey.--The Secretary of Labor
shall--
``(A) conduct an annual survey of employers hiring
foreign nationals under the H-1B visa program; and
``(B) issue an annual report that--
``(i) describes the methods employers are
using to meet the requirement under section
212(n)(1)(G)(i) of the Immigration and
Nationality Act (8 U.S.C. 1182(n)(1)(G)(i)) of
taking good faith steps to recruit United
States workers for the occupational
classification for which the nonimmigrants are
sought, using procedures that meet industry-
wide standards;
``(ii) describes the best practices for
recruiting among employers; and
``(iii) contains recommendations on which
recruiting steps employers can take to maximize
the likelihood of hiring American workers.'';
and
(4) in paragraph (5), as redesignated, by striking
``paragraph (2)'' and inserting ``paragraphs (2) and (3)''.
SEC. 210. SPECIALIZED KNOWLEDGE.
Section 214(c)(2)(B) of the Immigration and Nationality Act (8
U.S.C. 1184(c)(2)(B)) is amended to read as follows:
``(B)(i) For purposes of section 101(a)(15)(L), the term
`specialized knowledge'--
``(I) means knowledge possessed by an individual whose
advanced level of expertise and proprietary knowledge of the
employer's product, service, research, equipment, techniques,
management, or other interests of the employer are not readily
available in the United States labor market;
``(II) is clearly unique from those held by others employed
in the same or similar occupations; and
``(III) does not apply to persons who have general
knowledge or expertise which enables them merely to produce a
product or provide a service.
``(ii)(I) The ownership of patented products or copyrighted works
by a petitioner under section 101(a)(15)(L) does not establish that a
particular employee has specialized knowledge. In order to meet the
definition under clause (i), the beneficiary shall be a key person with
knowledge that is critical for performance of the job duties and is
protected from disclosure through patent, copyright, or company policy.
``(II) Unique procedures are not proprietary knowledge within this
context unless the entire system and philosophy behind the procedures
are clearly different from those of other firms, they are relatively
complex, and they are protected from disclosure to competition.''.
SEC. 211. TECHNICAL AMENDMENTS.
(a) Delegation of Authority.--Section 212(n)(5)(F) of the
Immigration and Nationality Act (8 U.S.C. 1182(n)(5)(F)) is amended by
striking ``Department of Justice'' and inserting ``Department of
Homeland Security''.
(b) Petitions for Certain Nonimmigrant Visas.--Section 214(c) of
such Act (8 U.S.C. 1184(c)) is amended by striking ``Attorney General''
each place such term appears and inserting ``Secretary of Homeland
Security''.
SEC. 212. APPLICATION.
Except as otherwise specifically provided, the amendments made by
this title shall apply to petitions and applications filed on or after
the date of the enactment of this Act.
<all>
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|
118S98
|
Agriculture Innovation Act of 2023
|
[
[
"K000367",
"Sen. Klobuchar, Amy [D-MN]",
"sponsor"
],
[
"T000250",
"Sen. Thune, John [R-SD]",
"cosponsor"
]
] |
<p><b>Agriculture Innovation Act of 2023</b></p> <p>This bill requires the Department of Agriculture (USDA) to identify, collect, link, and analyze certain data on the impact of conservation practices and other production practices on farm, ranch, and other working land profitability, including the effect on enhancing crop yields, soil health, ecosystem services, and other risk-reducing factors.</p> <p>Additionally, USDA must</p> <ul> <li>establish a conservation and farm productivity secure data center that ensures the security, privacy, and integrity of data;</li> <li>make the results of the data collection and analysis available through the secure data center to academic institutions and researchers; and</li> <li> provide technical assistance, including through internet-based tools, based on the analysis conducted and other relevant data, to assist producers in improving sustainable production practices that increase yields and enhance environmental outcomes.</li> </ul>
|
<html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 98 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 98
To amend the Food Security Act of 1985 to authorize the Secretary of
Agriculture to improve agricultural productivity, profitability,
resilience, and ecological outcomes through modernized data
infrastructure and analysis, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
January 26, 2023
Ms. Klobuchar (for herself and Mr. Thune) 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 authorize the Secretary of
Agriculture to improve agricultural productivity, profitability,
resilience, and ecological outcomes through modernized data
infrastructure and analysis, and for other 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 ``Agriculture Innovation Act of
2023''.
SEC. 2. DATA ON CONSERVATION AND OTHER PRODUCTION PRACTICES.
Subtitle E of title XII of the Food Security Act of 1985 (16 U.S.C.
3841 et seq.) is amended by adding at the end the following:
``SEC. 1248. DATA ON CONSERVATION AND OTHER PRODUCTION PRACTICES.
``(a) Purpose.--The purpose of this section is to improve
conservation outcomes, increase agricultural productivity and
resilience, and accelerate the development of carbon and other
ecosystem service markets by collecting, analyzing, and providing
data--
``(1) to better understand how covered conservation
practices and suites of covered conservation practices and
other production practices impact farm, ranch, and other
working land productivity and profitability (such as crop
yields, soil health, and other risk-reducing factors);
``(2) to support the measurement and quantification of
ecosystem services provided by working land, such as carbon
sequestration, water filtration, and habitat, that result from
covered conservation practices and other production practices;
and
``(3) to improve the implementation of Department programs
to optimize productivity, profitability, and ecological
benefits.
``(b) Definitions.--In this section:
``(1) Covered conservation practice.--The term `covered
conservation practice' means a specific conservation practice
or enhancement that is designed to protect soil health, farm
and ranch productivity, or both (including the protection of
wildlife habitat) while maintaining or enhancing crop yields in
an economically sustainable manner (including such a
conservation practice or enhancement that is supported by the
Department or used independently by a producer), as determined
by the Secretary.
``(2) Department.--The term `Department' means the
Department of Agriculture.
``(3) Other production practice.--The term `other
production practice' means a practice used to produce a crop or
livestock, including pest control, nutrient management, manure
management, water and irrigation management, seed, feed and
nutrition, and crop residue management.
``(c) Data Collection, Review, Analysis, and Technical
Assistance.--The Secretary, acting through the 1 or more applicable
Under Secretaries that head mission areas relating to farm and ranch
productivity and conservation, in coordination with the Chief Data
Officer of the Department, the Chief Economist, and the Under Secretary
for Research, Education, and Economics, shall carry out the following
activities:
``(1) Identify in the data inventory maintained by the
Secretary under section 3511 of title 44, United States Code,
data relating to the impacts of covered conservation practices
and other production practices on enhancing crop yields, soil
health, and ecosystem services, reducing risk, and improving
farm, ranch, and other working land profitability generated or
collected by the Department, including the Farm Service Agency,
the Risk Management Agency, the Natural Resources Conservation
Service, the National Agricultural Statistics Service, the
Economic Research Service, the Forest Service, and any other
relevant agency, as determined by the Secretary.
``(2) Collect or acquire, using other authorities of the
Secretary, and using technology and a modernized survey system,
to the greatest extent practicable, or another appropriate
method, any additional producer data, baseline data, or other
data relating to the impacts of covered conservation practices
and other production practices on enhancing crop yields, soil
health, and ecosystem services, reducing risk, and improving
farm, ranch, and other working land profitability necessary to
achieve the purpose described in subsection (a), ensuring that
data is collected from all types and sizes of operations.
``(3) Ensure that producer data identified or collected
under paragraph (1) or (2) are collected in a compatible format
that is machine-readable (as defined in section 3502 of title
44, United States Code) at the field- and farm-level and in a
manner that places the lowest practicable burden on producers
and improves the interoperability of the data collected by the
Department for the purposes of this section and optimizes the
interoperability, to the extent practicable, with data relating
to conservation practices generated by other organizations and
other activities of the Department.
``(4) Establish procedures for producers to voluntarily
provide supplemental data that may be useful in statistical
activities (as defined in section 311 of title 5, United States
Code) and activities to build evidence (as defined in that
section) of the impacts of covered conservation practices on--
``(A) enhancing crop yields, soil health, and
ecosystem services;
``(B) reducing risk; and
``(C) improving farm, ranch, and other working land
profitability.
``(5) Integrate, collate, and link, to the greatest extent
practicable, data identified or collected under this subsection
with other government or nongovernmental data sources that
include crop yields, soil health, covered conservation
practices, and other production practices.
``(6) Establish a conservation and farm productivity secure
data center designed to carry out the purposes of this section
that ensures the security, privacy, and integrity of data.
``(7) Make available data through the secure data center
established under paragraph (6) to academic institutions and
researchers that meet the user permission requirements
described in subsection (d)(2)(A) for the provision of
technical assistance.
``(8) Analyze, consistent with the scientific integrity
policy of the Department, the data identified or collected
under this subsection to consider the impacts of covered
conservation practices and other production practices on
enhancing crop yields, soil health, and ecosystem services and
improving farm, ranch, and other working land profitability.
``(9) Use the results of the analyses under paragraph (8)
to improve the implementation of Department programs to
increase productivity, profitability, and ecological benefits
of farm, ranch, and other working land, including relating to
issues identified in the evidence-building plan of the
Department required under section 312 of title 5, United States
Code.
``(10) Promptly make available on the public-facing
component of the secure data center established under paragraph
(6) the research, analysis, evaluation products, and other
information generated in carrying out this section (including
open Government data assets (as defined in section 3502 of
title 44, United States Code), to the extent permissible by
law)--
``(A) that demonstrates the impacts of covered
conservation practices and other production practices
on enhancing crop yields, soil health, and ecosystem
services, reducing risk, and improving farm, ranch, and
other working land profitability; and
``(B) in a manner that is easily accessed by
producers, researchers, and other stakeholders.
``(d) Secure Agricultural Data Center Establishment.--
``(1) In general.--The Secretary may enter into 1 or more
agreements with 1 or more academic institutions, organizations,
government agencies, or other experts determined necessary by
the Secretary to provide technical assistance, expertise, and
technology infrastructure, as needed, to develop the secure
data center under subsection (c)(6).
``(2) Requirement to modernize data security, storage, and
access.--
``(A) In general.--In establishing the secure data
center described in paragraph (1), the Secretary shall
use industry-standard data security protocols and user
permissions to protect the security and confidentiality
of proprietary producer data while automating and
standardizing data collection, storage, and sharing, to
the greatest extent practicable, for the purpose of
carrying out this section and encouraging agriculture
innovation.
``(B) Additional requirements.--In carrying out
subparagraph (A), the Secretary shall establish
procedures for the operation and use of the secure data
center that includes--
``(i) prohibiting the sale of any
individual or identifiable producer data;
``(ii) requiring any published research to
release only aggregated data, consistent with
best practices for disclosure avoidance and
reducing the risk of re-identification; and
``(iii) periodically consulting with
experts and stakeholders to consider necessary
modifications to security protocols or
confidentiality protections for identifiable
data accessed or maintained by the secure data
center and improvements to access for approved
users.
``(e) Producer Tools.--
``(1) In general.--Not later than 3 years after the date of
enactment of this section, the Secretary shall provide
technical assistance, including through internet-based tools,
based on the analysis conducted in carrying out this section
and other sources of relevant data, to assist producers in
improving sustainable production practices that increase yields
and enhance environmental outcomes.
``(2) Internet-based tools.--Internet-based tools described
in paragraph (1) shall provide to producers, to the greatest
extent practicable--
``(A) confidential data specific to each farm or
ranch of the producer; and
``(B) general data relating to the impacts of
covered conservation practices on enhancing crop
yields, soil health, and otherwise reducing risk and
improving farm and ranch profitability.
``(f) Effect on Privacy Protection Laws.--Nothing in this section
affects the applicability to this section of--
``(1) section 1770;
``(2) section 1619 of the Food, Conservation, and Energy
Act of 2008 (7 U.S.C. 8791);
``(3) section 502(c) of the Federal Crop Insurance Act (7
U.S.C. 1502(c));
``(4) section 552a of title 5, United States Code; or
``(5) any other applicable privacy law that protects
personally identifiable information of producers.
``(g) Reporting.--Not later than 1 year after the date of enactment
of this section, and each year thereafter, the Secretary shall submit
to the Committee on Agriculture, Nutrition, and Forestry of the Senate
and the Committee on Agriculture of the House of Representatives a
report that includes--
``(1) a summary of the analysis conducted under this
section;
``(2) the number and regions of producers that voluntarily
provided data under subsection (c)(4);
``(3) a description of any additional or new activities
planned to be conducted under this section in the next fiscal
year, including--
``(A) research relating to any additional
conservation practices;
``(B) any new types of data to be collected;
``(C) any improved or streamlined data collection
efforts associated with this section; and
``(D) any new research projects; and
``(4) in the case of the first 2 reports submitted under
this subsection, a description of the current status of the
implementation of activities under subsection (c).
``(h) Funding and Administration.--The Secretary shall use the
existing funds and authorities of the Department to carry out this
section.
``(i) Effect.--Nothing in this section authorizes the Secretary to
compel a producer--
``(1) to provide data to the Department; or
``(2) to receive technical assistance.''.
<all>
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|
118S980
|
Industrial Hemp Act of 2023
|
[
[
"T000464",
"Sen. Tester, Jon [D-MT]",
"sponsor"
],
[
"B001310",
"Sen. Braun, Mike [R-IN]",
"cosponsor"
],
[
"C001070",
"Sen. Casey, Robert P., Jr. [D-PA]",
"cosponsor"
],
[
"D000618",
"Sen. Daines, Steve [R-MT]",
"cosponsor"
]
] |
<html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 980 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 980
To amend the Agricultural Marketing Act of 1946 to exempt industrial
hemp from certain requirements under the hemp production program, and
for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
March 27, 2023
Mr. Tester (for himself and Mr. Braun) introduced the following bill;
which was read twice and referred to the Committee on Agriculture,
Nutrition, and Forestry
_______________________________________________________________________
A BILL
To amend the Agricultural Marketing Act of 1946 to exempt industrial
hemp from certain requirements under the hemp production 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 ``Industrial Hemp Act of 2023''.
SEC. 2. EXEMPTIONS OF INDUSTRIAL HEMP UNDER HEMP PRODUCTION PROGRAM.
(a) Definitions.--Section 297A of the Agricultural Marketing Act of
1946 (7 U.S.C. 1639o) is amended--
(1) in paragraph (1)--
(A) by striking the period at the end and inserting
``; and'';
(B) by striking ``means the plant'' and inserting
the following: ``means--
``(A) the plant''; and
(C) by adding at the end the following:
``(B) industrial hemp.'';
(2) by redesignating paragraphs (3) through (6) as
paragraphs (4) through (7), respectively; and
(3) by inserting after paragraph (2) the following:
``(3) Industrial hemp.--The term `industrial hemp' means
the plant Cannabis sativa L. if the harvested material is
only--
``(A)(i) the stalks of that plant;
``(ii) fiber produced from those stalks; or
``(iii) any other manufacture, derivative, mixture,
or preparation of those stalks (except cannabinoid
resin extracted from those stalks);
``(B) whole grain, oil, cake, nut, hull, or any
other compound, manufacture, derivative, mixture, or
preparation of the seeds of that plant (except
cannabinoid resin extracted from the seeds of that
plant); or
``(C) viable seeds of that plant produced solely
for production or manufacture of any material described
in subparagraph (A) or (B).''.
(b) State and Tribal Plans.--Section 297B of the Agricultural
Marketing Act of 1946 (7 U.S.C. 1639p) is amended--
(1) in subsection (a)--
(A) in paragraph (2)(A)--
(i) by redesignating clauses (ii) through
(vii) as clauses (iii) through (viii),
respectively;
(ii) by inserting after clause (i) the
following:
``(ii) a procedure by which a hemp producer
shall designate the type of production of the
hemp producer as--
``(I) industrial hemp; or
``(II) hemp for any purpose;'';
(iii) in clause (iii) (as so redesignated),
by inserting ``, excluding industrial hemp,''
after ``hemp''; and
(iv) in clause (viii) (as so redesignated),
by striking ``(vi)'' and inserting ``(vii)'';
(B) in paragraph (3)--
(i) in subparagraph (A), in the matter
preceding clause (i), by striking ``Nothing''
and inserting ``Except as provided in
subparagraph (C), nothing''; and
(ii) by adding at the end the following:
``(C) Preemption.--
``(i) In general.--Except as provided in
clause (ii), no State or Indian tribe may
establish or continue in effect any law that--
``(I) regulates the production of
industrial hemp in compliance with this
subtitle; and
``(II) is more stringent than this
subtitle.
``(ii) Violations with higher
culpability.--Clause (i) shall not apply to any
law relating to any violation of or described
in subsection (e)(3).''; and
(C) by adding at the end the following:
``(4) Inspections of industrial hemp producers.--With
respect to annual inspections of industrial hemp producers
under paragraph (2)(A)(vi)--
``(A) the inspection shall be a visual inspection;
``(B) if a producer fails a visual inspection under
subparagraph (A), the State or Indian tribe may require
the producer to provide to the State or Indian tribe
documentation that demonstrates a clear intent and in-
field practices consistent with the designation of the
type of production as industrial hemp under paragraph
(2)(A)(ii)(I), including seed tags, sales contracts, a
Farm Service Agency report, harvest techniques, or a
harvest inspection; and
``(C) if a producer fails to provide documentation
demonstrating a clear intent and in-field practices
described in subparagraph (B), the State or Indian
tribe may require chemical testing on harvested
material of the producer that failed the visual
inspection under subparagraph (A).'';
(2) in subsection (e)--
(A) in paragraph (2)(A)(iii), by striking
``basis.'' and inserting ``basis, unless the hemp
producer designated the type of production as
industrial hemp under subsection (a)(2)(A)(ii)(I).'';
and
(B) in paragraph (3)--
(i) in subparagraph (A), in the matter
preceding clause (i), by striking
``negligence--'' and inserting ``negligence, or
knowingly produced a crop that is inconsistent
with the designation of the type of production
of the hemp producer as industrial hemp under
subsection (a)(2)(A)(ii)(I)--'';
(ii) in subparagraph (B)(ii)--
(I) in the clause heading, by
striking ``Exception'' and inserting
``Exceptions'';
(II) by striking ``person growing''
and inserting the following: ``person--
``(I) growing'';
(III) in subclause (I) (as so
designated), by striking the period at
the end and inserting ``; or''; and
(IV) by adding at the end the
following:
``(II) that designates the type of
production of the person as industrial
hemp under subsection
(a)(2)(A)(ii)(I).''; and
(iii) by adding at the end the following:
``(D) Production inconsistent with industrial hemp
designation.--Any person who knowingly produces a crop
that is inconsistent with the designation of the type
of production of the person as industrial hemp under
subsection (a)(2)(A)(ii)(I) shall be ineligible to
participate in the program established under this
section for a period of 5 years beginning on the date
of the violation.''; and
(3) in subsection (f)(2), by inserting ``, excluding
industrial hemp,'' after ``hemp''.
(c) Department of Agriculture.--Section 297C of the Agricultural
Marketing Act of 1946 (7 U.S.C. 1639q) is amended--
(1) in subsection (a)--
(A) in paragraph (2)--
(i) by redesignating subparagraphs (B)
through (F) as subparagraphs (C) through (G),
respectively;
(ii) by inserting after subparagraph (A)
the following:
``(B) a procedure by which a hemp producer shall
designate the type of production of the hemp producer
as--
``(i) industrial hemp; or
``(ii) hemp for any purpose;''; and
(iii) in subparagraph (C) (as so
redesignated), by inserting ``, excluding
industrial hemp,'' after ``hemp''; and
(B) by adding at the end the following:
``(3) Inspections of industrial hemp producers.--With
respect to annual inspections of industrial hemp producers
under paragraph (2)(F)--
``(A) the inspection shall be a visual inspection;
``(B) if a producer fails a visual inspection under
subparagraph (A), the Secretary may require the
producer to provide to the Secretary documentation that
demonstrates a clear intent and in-field practices
consistent with the designation of the type of
production as industrial hemp under paragraph
(2)(B)(i), including seed tags, sales contracts, a Farm
Service Agency report, harvest techniques, or a harvest
inspection; and
``(C) if a producer fails to provide documentation
demonstrating a clear intent and in-field practices
described in subparagraph (B), the Secretary may
require chemical testing on harvested material of the
producer that failed the visual inspection under
subparagraph (A).'';
(2) in subsection (c)(3)--
(A) by striking ``report the production'' and
inserting the following: ``report to the Attorney
General--
``(A) the production''; and
(B) in subparagraph (A) (as so designated), by
striking ``subsection (b) to the Attorney General.''
and inserting the following: ``subsection (b); and
``(B) the production of a crop inconsistent with
the designation of the type of production of the
producer of the crop as industrial hemp under
subsection (a)(2)(B)(i).''; and
(3) in subsection (d)(2)--
(A) by redesignating subparagraphs (B) and (C) as
subparagraphs (C) and (D), respectively; and
(B) by inserting after subparagraph (A) the
following:
``(B) for each hemp producer described in
subparagraph (A), the designation of the type of
production of the hemp producer under subsection
(a)(2)(B);''.
SEC. 3. REGULATIONS AND GUIDELINES.
The Secretary of Agriculture shall promulgate regulations and
guidelines to implement the amendments made by this Act as
expeditiously as practicable.
<all>
</pre></body></html>
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118S981
|
CURD Act
|
[
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[
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],
[
"S001203",
"Sen. Smith, Tina [D-MN]",
"cosponsor"
]
] |
<p><b>Codifying Useful Regulatory Definitions Act or the</b> <b>CURD Act</b></p> <p>This bill establishes a statutory definition for <em>natural cheese</em>. Under the bill, natural cheese is defined as cheese (ripened or unripened soft, semi-soft, or hard) that is produced from animal milk or certain dairy ingredients and is produced in accordance with established cheese-making standards. The definition excludes pasteurized process cheeses, cheese foods, and cheese spreads.</p> <p>A food is deemed misbranded and may not be sold if it does not meet this definition and its label includes the term<i> natural cheese</i> as a factual descriptor of a category of cheese.</p>
|
<html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 981 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 981
To amend the Federal Food, Drug, and Cosmetic Act to define the term
natural cheese.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
March 27, 2023
Mr. Johnson (for himself, Mr. Wyden, Mr. Risch, Ms. Baldwin, Mr. Crapo,
Mr. Braun, and Mr. Welch) introduced the following bill; which was read
twice and referred to the Committee on Health, Education, Labor, and
Pensions
_______________________________________________________________________
A BILL
To amend the Federal Food, Drug, and Cosmetic Act to define the term
natural cheese.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Codifying Useful Regulatory
Definitions Act'' or the ``CURD Act''.
SEC. 2. FINDINGS.
Congress finds as follows:
(1) There is a need to define the term ``natural cheese''
in order to maintain transparency and consistency for consumers
so that they may differentiate ``natural cheese'' from
``process cheese''.
(2) The term ``natural cheese'' has been used within the
cheese making industry for more than 50 years and is well-
established.
SEC. 3. DEFINITION OF NATURAL CHEESE.
(a) Definition.--Section 201 of the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 321) is amended by adding at the end the
following:
``(tt)(1) The term `natural cheese' means cheese that is a ripened
or unripened soft, semi-soft, or hard product, which may be coated,
that is produced--
``(A) by--
``(i) coagulating wholly or partly the protein of
milk, skimmed milk, partly skimmed milk, cream, whey
cream, or buttermilk, or any combination of such
ingredients, through the action of rennet or other
suitable coagulating agents, and by partially draining
the whey resulting from the coagulation, while
respecting the principle that cheese-making results in
a concentration of milk protein (in particular, the
casein portion), and that consequently, the protein
content of the cheese will be distinctly higher than
the protein level of the blend of the above milk
materials from which the cheese was made; or
``(ii) processing techniques involving coagulation
of the protein of milk or products obtained from milk
to produce an end-product with similar physical,
chemical, and organoleptic characteristics as the
product described in subclause (i); and
``(iii) including the addition of safe and suitable
non-milk derived ingredients of the type permitted in
the standards of identity described in clause (B) as
natural cheese; or
``(B) in accordance with standards of identity under part
133 of title 21, Code of Federal Regulations (or any successor
regulations), other than the standards described in
subparagraph (2) or any future standards adopted by the
Secretary in accordance with subparagraph (2)(I).
``(2) Such term does not include--
``(A) pasteurized process cheeses as defined in section
133.169, 133.170, or 133.171 of title 21, Code of Federal
Regulations (or any successor regulations);
``(B) pasteurized process cheese foods as defined in
section 133.173 or 133.174 of title 21, Code of Federal
Regulations (or any successor regulations);
``(C) pasteurized cheese spreads as defined in section
133.175, 133.176, or 133.178 of title 21, Code of Federal
Regulations (or any successor regulations);
``(D) pasteurized process cheese spreads as defined in
section 133.179 or 133.180 of title 21, Code of Federal
Regulations (or any successor regulations);
``(E) pasteurized blended cheeses as defined in section
133.167 or 133.168 of title 21, Code of Federal Regulations (or
any successor regulations);
``(F) any products comparable to any product described in
any of clauses (A) through (E);
``(G) cold pack cheeses as defined in section 133.123,
133.124, or 133.125 title 21, Code of Federal Regulations (or
any successor regulations);
``(H) grated American cheese food as defined in section
133.147 of title 21, Code of Federal Regulations (or any
successor regulations); or
``(I) any other product the Secretary may designate as a
process cheese.
``(3) For purposes of this paragraph, the term `milk' has the
meaning given such term in section 133.3 of title 21, Code of Federal
Regulations (or any successor regulations) and includes the lacteal
secretions from animals other than cows.''.
(b) Labeling.--Section 403 of the Federal Food Drug and Cosmetic
Act (21 U.S.C. 343) is amended by adding at the end the following:
``(z) If its label or labeling includes the term `natural cheese'
as a factual descriptor of a category of cheese unless the food meets
the definition of natural cheese under section 201(tt), except that
nothing in this paragraph shall prohibit the use of the term `natural'
or `all-natural', or a similar claim or statement with respect to a
food in a manner that is consistent with regulations, guidance, or
policy statements issued by the Secretary.''.
(c) National Uniformity.--Section 403A(a)(2) of the Federal Food,
Drug, and Cosmetic Act (21 U.S.C. 343-1(a)(2)) is amended by striking
``or 403(x)'' and inserting ``403(x), or 403(z)''.
<all>
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118S982
|
A bill to establish an FBI hotline to receive tips about persons trying to engage in certain activities in the United States on behalf of the Government of China or the Chinese Communist Party, and to criminalize the performance of the functions of a law enforcement agency in the United States on behalf of the Government of China or the Chinese Communist Party.
|
[
[
"M001198",
"Sen. Marshall, Roger [R-KS]",
"sponsor"
],
[
"B001243",
"Sen. Blackburn, Marsha [R-TN]",
"cosponsor"
],
[
"K000393",
"Sen. Kennedy, John [R-LA]",
"cosponsor"
]
] |
<html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 982 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 982
To establish an FBI hotline to receive tips about persons trying to
engage in certain activities in the United States on behalf of the
Government of China or the Chinese Communist Party, and to criminalize
the performance of the functions of a law enforcement agency in the
United States on behalf of the Government of China or the Chinese
Communist Party.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
March 27, 2023
Mr. Marshall (for himself, Mrs. Blackburn, and Mr. Kennedy) introduced
the following bill; which was read twice and referred to the Committee
on the Judiciary
_______________________________________________________________________
A BILL
To establish an FBI hotline to receive tips about persons trying to
engage in certain activities in the United States on behalf of the
Government of China or the Chinese Communist Party, and to criminalize
the performance of the functions of a law enforcement agency in the
United States on behalf of the Government of China or the Chinese
Communist Party.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. FBI HOTLINE.
The Director of the Federal Bureau of Investigation shall establish
a hotline to receive anonymous tips about any person who is, on behalf
of the Government of China or the Chinese Communist Party, surveilling,
harassing, intimidating, or coercing another person, or performing law
enforcement activities, in the United States, including by coercing
current or former Chinese nationals to return to China.
SEC. 2. CRIMINAL PROHIBITION ON PERFORMING FUNCTIONS OF LAW ENFORCEMENT
AGENCY ON BEHALF OF GOVERNMENT OF CHINA OR CHINESE
COMMUNIST PARTY.
(a) In General.--Chapter 45 of title 18, United States Code, is
amended by inserting after section 967 the following:
``Sec. 968. Performing functions of law enforcement agency on behalf of
Government of China or Chinese Communist Party
``(a) Offense.--It shall be unlawful for any person in the United
States, on behalf of the Government of China or the Chinese Communist
Party, to--
``(1) perform any function of a law enforcement agency; or
``(2) engage in surveillance, harassment, intimidation, or
coercion of another person in the United States.
``(b) Penalty.--Any person who violates subsection (a) shall be
fined under this title, imprisoned not more than 10 years, or both.''.
(b) Technical and Conforming Amendment.--The table of sections for
chapter 45 of title 18, United States Code, is amended by inserting
after the item relating to section 967 the following:
``968. Performing functions of law enforcement agency on behalf of
Government of China or Chinese Communist
Party.''.
<all>
</pre></body></html>
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|
118S983
|
OPIOIDS Act
|
[
[
"S001217",
"Sen. Scott, Rick [R-FL]",
"sponsor"
],
[
"W000800",
"Sen. Welch, Peter [D-VT]",
"cosponsor"
]
] |
<html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 983 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 983
To permit the Attorney General to award grants for accurate date on
opioid-related overdoses, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
March 27, 2023
Mr. Scott of Florida (for himself and Mr. Welch) introduced the
following bill; which was read twice and referred to the Committee on
the Judiciary
_______________________________________________________________________
A BILL
To permit the Attorney General to award grants for accurate date on
opioid-related overdoses, and for other 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 ``Overcoming Prevalent Inadequacies in
Overdose Information Data Sets Act'' or the ``OPIOIDS Act''.
SEC. 2. ACCURATE DATA ON OPIOID-RELATED OVERDOSES.
The Attorney General may award grants to States, territories, and
localities to support improved data and surveillance on opioid-related
overdoses, including for activities to improve postmortem toxicology
testing, data linkage across data systems throughout the United States,
electronic death reporting, or the comprehensiveness of data on fatal
and nonfatal opioid-related overdoses.
SEC. 3. LAW ENFORCEMENT GRANTS.
(a) In General.--The Attorney General shall make grants to local
law enforcement agencies and forensic laboratories in communities with
high rates of drug overdoses for the purpose of--
(1) training to help officers identify overdoses;
(2) upgrading essential systems for tracing drugs and
processing samples in forensic laboratories to provide timely,
accurate, and standard data reporting to the National Forensic
Laboratory Information System; or
(3) training to better trace criminals through the darknet.
(b) Mandatory Reporting.--None of the funds made under subsection
(a) may be used by grantees that do not submit to the National Forensic
Laboratory Information System reports on overdose data.
(c) Federal Law Enforcement Training Centers.--Federal Law
Enforcement Training Centers shall provide training to State and local
law enforcement agencies on how to best coordinate with State and
Federal partners for tracking drug-related activity.
(d) COPS Grants.--Section 1701(b) of the Omnibus Crime Control and
Safe Streets Act of 1968 (34 U.S.C. 10381) is amended--
(1) in paragraph (22), by striking ``and'' at the end;
(2) in paragraph (23), by striking the period at the end
and inserting ``; and''; and
(3) by adding at the end the following:
``(24) to provide training and resources for containment
devices to prevent secondary exposure to fentanyl and other
substances for first responders.''.
SEC. 4. OFFICE OF NATIONAL DRUG CONTROL POLICY REFORM.
(a) In General.--The Drug Enforcement Administration shall develop
uniform reporting standards for inputting data into the National
Forensic Laboratory Information System for purity, formulation, and
weight to allow for better comparison across jurisdictions and between
agencies and the sharing of data.
(b) Clarification.--Nothing in subsection (a) may be construed to
require the creation of new or increased obligations or reporting
requirements on State or local laboratories.
SEC. 5. DEA TESTING.
The Drug Enforcement Administration shall submit to Congress, as
part of the annual budget process, a specific line item for the level
of funding necessary for the Fentanyl Signature Profiling Program.
<all>
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118S984
|
MODERN WIC Act of 2023
|
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"sponsor"
],
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"M001198",
"Sen. Marshall, Roger [R-KS]",
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]
] |
<html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 984 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 984
To amend the Child Nutrition Act of 1966 to permit video or telephone
certifications under the special supplemental nutrition program for
women, infants, and children, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
March 27, 2023
Mrs. Gillibrand (for herself and Mr. Marshall) introduced the following
bill; which was read twice and referred to the Committee on
Agriculture, Nutrition, and Forestry
_______________________________________________________________________
A BILL
To amend the Child Nutrition Act of 1966 to permit video or telephone
certifications 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 ``More Options to Develop and Enhance
Remote Nutrition in WIC Act of 2023'' or the ``MODERN WIC Act of
2023''.
SEC. 2. REDEFINING PRESENCE AT CERTIFICATION.
(a) In General.--Section 17(d)(3) of the Child Nutrition Act of
1966 (42 U.S.C. 1786(d)(3)) is amended by striking subparagraph (C) and
inserting the following:
``(C) Presence for certain determinations and
evaluations.--
``(i) In general.--Each individual seeking
certification, recertification, or a
nutritional risk evaluation for participation
in the program authorized under this section
shall be provided an appointment that is, at
the option of the individual, through any of
the following formats:
``(I) In person.
``(II) By telephone.
``(III) Through video technology
that permits 2-way, real-time
interactive communications.
``(IV) Through other formats that
permit 2-way, real-time interactive
communications, as determined by the
Secretary.
``(ii) ADA compliance.--Any format made
available for an appointment under clause (i)
shall be accessible to an individual in
accordance with the Americans with Disabilities
Act of 1990 (42 U.S.C. 12101 et seq.) and
section 504 of the Rehabilitation Act of 1973
(29 U.S.C. 794).
``(iii) Nutritional risk evaluations for
remote certification.--If an individual
certifies for participation in the program
under clause (i) through a format other than
in-person, the State agency shall--
``(I) plan to collect the
anthropometric data necessary to
evaluate the nutritional risk of that
individual within 30 days of the
appointment; and
``(II) collect such data not later
than 90 days after the appointment.
``(iv) Interim eligibility for nutritional
risk.--
``(I) In general.--A State agency
may--
``(aa) consider an
applicant who meets the income
eligibility standards under
this section to be temporarily
eligible on an interim basis to
participate in the program
authorized under this section;
and
``(bb) temporarily certify
that individual for
participation in the program
immediately, without delaying
temporary certification until a
nutritional risk evaluation is
carried out.
``(II) Timing for nutritional risk
evaluation.--A nutritional risk
evaluation for an individual
temporarily certified pursuant to
subclause (I) shall be completed not
later than 90 days after the date of
temporary certification of the
individual.
``(III) Termination of temporary
certification.--The temporary
certification of an individual
certified pursuant to subclause (I)
shall terminate on the earliest of--
``(aa) 91 days after the
date of temporary certification
if the State agency does not
collect data on the individual
pursuant to clause (iii); and
``(bb) the date of a
determination by the State
agency that the individual does
not meet the nutritional risk
criteria.''.
(b) Technical Amendment.--Section 17(d)(3) of the Child Nutrition
Act of 1966 (42 U.S.C. 1786(d)(3)) is amended by conforming the margin
of subparagraph (B) to the margin of subparagraph (C).
SEC. 3. REMOTE BENEFIT ISSUANCE.
(a) In General.--Section 17(f)(6)(B) of the Child Nutrition Act of
1966 (42 U.S.C. 1786(f)(6)(B)) is amended--
(1) in the third sentence--
(A) by striking ``vouchers by mail'' and inserting
``food instruments by mail, remote issuance, or other
means''; and
(B) by striking ``The Secretary'' and inserting the
following:
``(iii) Disapproval of state plan.--The
Secretary'';
(2) in the second sentence--
(A) by striking ``vouchers by mail in its plan''
and inserting ``food instruments by mail, remote
issuance, or other means in the State plan''; and
(B) by striking ``The State'' and inserting the
following:
``(ii) State plan.--The State''; and
(3) by striking ``(B) State agencies'' and all that follows
through ``to obtain vouchers.'' and inserting the following:
``(B) Delivery of food instruments.--
``(i) In general.--State agencies may
provide for the delivery of food instruments,
including electronic benefit transfer cards, to
any participant through means that do not
require the participant to travel to the local
agency to obtain the food instruments, such as
through mailing or remote issuance.''.
(b) Regulations.--The Secretary of Agriculture shall revise section
246.12(r) of title 7, Code of Federal Regulations, by striking
paragraph (4).
SEC. 4. REPORT TO CONGRESS.
(a) In General.--Not later than 1 year after the date of enactment
of this Act, the Secretary of Agriculture shall submit to the Committee
on Agriculture, Nutrition, and Forestry of the Senate and the Committee
on Education and Labor of the House of Representatives a report on the
use of remote technologies under the special supplemental nutrition
program for women, infants, and children established by section 17 of
the Child Nutrition Act of 1966 (42 U.S.C. 1786) (referred to in this
section as the ``program'').
(b) Content of Report.--The report submitted under subsection (a)
shall include a description of--
(1) the use of remote technologies and other digital tools,
including video, telephone, and online platforms--
(A) to certify eligible individuals for program
services; and
(B) to provide nutrition education and
breastfeeding support to program participants;
(2) the impact of remote technologies, including video,
telephone, and online platforms, on certifications,
appointments, and participant satisfaction under the program;
and
(3) best practices--
(A) to certify program participants for program
services using remote technologies;
(B) to incorporate the use of digital tools into
the program certification process;
(C) to integrate nutrition education and
breastfeeding support services for program participants
into remote technologies and platforms; and
(D) to securely manage program participant data.
<all>
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118S985
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Equal Campus Access Act of 2023
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[
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"cosponsor"
],
[
"D000618",
"Sen. Daines, Steve [R-MT]",
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] |
<p><b>Equal Campus Access Act of 2023</b></p> <p>This bill prohibits funding made available under the Higher Education Act of 1965 from being provided to any public institution of higher education (IHE) that denies to religious student organizations any right, benefit, or privilege that is otherwise afforded to other student organizations at the IHE because of the religious beliefs, practices, speech, leadership standards, or standards of conduct of the religious student organization.</p>
|
<html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 985 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 985
To amend the Higher Education Act of 1965 to ensure campus access at
public institutions of higher education for religious groups.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
March 27, 2023
Mr. Lankford (for himself, Mr. Scott of South Carolina, Mr. Scott of
Florida, Mr. Risch, Mr. Cruz, Mr. Graham, Mr. Crapo, Mrs. Hyde-Smith,
Ms. Ernst, Mr. Cramer, Mr. Hawley, Mr. Tillis, Mrs. Fischer, Mr.
Grassley, Mr. Cotton, and Mr. Rubio) introduced the following bill;
which was read twice and referred to the Committee on Health,
Education, Labor, and Pensions
_______________________________________________________________________
A BILL
To amend the Higher Education Act of 1965 to ensure campus access at
public institutions of higher education for religious groups.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Equal Campus Access Act of 2023''.
SEC. 2. CAMPUS ACCESS FOR RELIGIOUS GROUPS.
Part B of title I of the Higher Education Act of 1965 (20 U.S.C.
1011 et seq.) is amended by adding at the end the following:
``SEC. 124. CAMPUS ACCESS FOR RELIGIOUS GROUPS.
``None of the funds made available under this Act may be provided
to any public institution of higher education that denies to a
religious student organization any right, benefit, or privilege that is
otherwise afforded to other student organizations at the institution
(including full access to the facilities of the institution and
official recognition of the organization by the institution) because of
the religious beliefs, practices, speech, leadership standards, or
standards of conduct of the religious student organization.''.
<all>
</pre></body></html>
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118S986
|
STOP Act 2.0
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]
] |
<html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 986 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 986
To increase the criminal penalty for mail fraud involving
misrepresentation of the country of origin, to terminate the authority
to exclude countries from the requirement to transmit advance
electronic information for 100 percent of mail shipments under the STOP
Act of 2018, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
March 27, 2023
Ms. Klobuchar (for herself and Mrs. Capito) introduced the following
bill; which was read twice and referred to the Committee on Finance
_______________________________________________________________________
A BILL
To increase the criminal penalty for mail fraud involving
misrepresentation of the country of origin, to terminate the authority
to exclude countries from the requirement to transmit advance
electronic information for 100 percent of mail shipments under the STOP
Act of 2018, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``STOP Act 2.0''.
SEC. 2. CRIMINAL PENALTY FOR MAIL FRAUD INVOLVING MISREPRESENTATION OF
COUNTRY OF ORIGIN.
Section 1341 of title 18, United States Code, is amended--
(1) by striking ``Whoever'' and inserting the following:
``(a) In General.--Whoever''; and
(2) by adding at the end the following:
``(b) Misrepresentation of Country of Origin of International Mail
Shipments.--
``(1) In general.--A person that, in violating subsection
(a) or conspiring under section 371 or 1349 to violate
subsection (a), knowingly misrepresents the country of origin
of an international mail shipment in information required to be
submitted under section 343(a) of the Trade Act of 2002 (19
U.S.C. 1415(a)), shall in addition to any other penalty for the
offense, be fined under this title, imprisoned not more than 5
years, or both.
``(2) Seizure and forfeiture.--The authority of the
Department of Homeland Security under subsection (c)(14) of
section 592 of the Tariff Act of 1930 (19 U.S.C. 1592) with
respect to seizure and forfeiture shall apply with respect to
international mail shipments described in paragraph (1) to the
same extent that such authority applies with respect to
merchandise entered or attempted to be entered in violation of
subsection (a) of such section 592.''.
SEC. 3. TERMINATION OF AUTHORITY TO EXCLUDE COUNTRIES FROM REQUIREMENT
TO TRANSMIT ADVANCE ELECTRONIC INFORMATION FOR 100
PERCENT OF MAIL SHIPMENTS.
Section 343(a)(3)(K)(vi) of the Trade Act of 2002 (19 U.S.C.
1415(a)(3)(K)(vi)) is amended by adding at the end the following:
``(V) The authority provided by subclause (II) to
exclude a country from the requirement described in
subclause (I) shall terminate on the date that is 5
years after the date of the enactment of the STOP Act
2.0.''.
SEC. 4. ANNUAL REPORT ON COMPLIANCE WITH ADVANCE ELECTRONIC INFORMATION
REQUIREMENTS.
Section 8003 of the STOP Act of 2018 (subtitle A of title VIII of
Public Law 115-271; 132 Stat. 4077) is amended by striking subsections
(c) through (f) and inserting the following:
``(c) Annual Report on Compliance.--
``(1) In general.--Not later than one year after the date
of the enactment of the STOP Act 2.0, and annually thereafter,
the Secretary of Homeland Security shall submit to the
appropriate congressional committees a report on compliance
with the requirements of section 343(a) of the Trade Act of
2002 (19 U.S.C. 1415(a)) that includes the following:
``(A) An update regarding new and existing
agreements reached with foreign postal operators for
the transmission of the information required by
paragraph (3)(K) of that section.
``(B) A summary of deliberations between the United
States Postal Service and foreign postal operators with
respect to issues relating to the transmission of that
information.
``(C) A summary of the progress made in achieving
the transmission of that information for the percentage
of shipments required by that paragraph, including the
results of random checks and information disaggregated
by postal and nonpostal data.
``(D) An assessment of the quality of that
information being received by foreign postal operators,
as determined by the Secretary, and actions taken to
improve the quality of that information, including
estimates of--
``(i) the amount of information required by
section 343(a) of the Trade Act of 2002 that is
missing elements, incomplete, inaccurate, or
apparently false;
``(ii) the number of shipments that U.S.
Customs and Border Protection requested to be
searched as a result of information required by
that section;
``(iii) how many shipments were actually
searched pursuant to such a request; and
``(iv) the results of such searches,
including the number of illicit narcotics and
counterfeit goods identified during such
searches.
``(E) A description of the results of randomized
tests of packages entering the United States to assess
the rate of compliance with the requirements of section
343(a) of the Trade Act of 2002--
``(i) disaggregated by packages transported
by the United States Postal Service and
packages transported by private carriers; and
``(ii) that takes into account, as
relevant, the way that the factors set forth in
paragraph (3) of that section may affect any
differences identified between packages
transported by the United States Postal Service
and packages transported by private carriers.
``(F) For each report submitted during the 5-year
period beginning on the date of the enactment of the
STOP Act 2.0--
``(i) a list of the countries that, during
the year preceding submission of the report,
were excluded from the requirement under
subclause (I) of section 343(a)(3)(K)(vi) of
the Trade Act of 2002 that advance information
be provided for 100 percent of international
mail shipments pursuant to subclause (II) of
that section; and
``(ii) for any country on the list required
by clause (i) that has been excluded from the
requirement described in that clause for each
of the preceding 3 years--
``(I) an identification of the
reasons why the country remains on the
list; and
``(II) a description of steps that
are being taken to ensure that the
country is prepared for the termination
of the authority to exclude countries
from that requirement terminates under
subclause (V) of that section (as added
by section 3 of the STOP Act 2.0).
``(G) A summary of policies established by the
Universal Postal Union that may affect the ability of
the Postmaster General to obtain the transmission of
the information required by section 343(a) of the Trade
Act of 2002.
``(H) A summary of the use of technology to detect
illicit synthetic opioids and other illegal substances
in international mail parcels and planned acquisitions
and advancements in such technology.
``(I) Such other information as the Secretary of
Homeland Security and the Postmaster General consider
appropriate with respect to obtaining the transmission
of information required by section 343(a)(3)(K) of the
Trade Act of 2002.
``(2) Form of report.--
``(A) In general.--Each report required by
paragraph (1) shall be submitted in unclassified form
but may include a classified annex.
``(B) Public availability.--The unclassified
portion of the report required by paragraph (1) may be
made available on a publicly accessible internet
website of the United States Postal Service.
``(3) Appropriate congressional committees defined.--In
this subsection, the term `appropriate congressional
committees' means--
``(A) the Committee on the Judiciary and the
Committee on Homeland Security and Governmental Affairs
of the Senate; and
``(B) the Committee on the Judiciary and the
Committee on Homeland Security of the House of
Representatives.''.
SEC. 5. PUBLIC-PRIVATE PARTNERSHIPS.
The Secretary of Homeland Security, the Attorney General, and the
Postmaster General may enter into a public-private partnership with
private parcel services or other private information technology
entities to develop technology and processes for identifying
information that could be used to identify the origin of fentanyl,
other synthetic opioids, and other narcotics and psychoactive
substances, and precursors to such substances, including information on
the origin of parcels and shipping information.
SEC. 6. INTERNATIONAL COLLABORATION AND INFORMATION SHARING.
The Secretary of Homeland Security, in consultation with Secretary
of State, may, as appropriate, share with and receive from the
governments of foreign countries that are allies of the United States,
consistent with existing law (including contractual obligations),
information with respect to--
(1) shippers with a history of transporting illicit
fentanyl, other synthetic opioids, and other narcotics and
psychoactive substances, and precursors to such substances; and
(2) best practices regarding the detection of such
substances, including such substances moving through the mail.
SEC. 7. TRAINING OF U.S. CUSTOMS AND BORDER PROTECTION OFFICERS WITH
RESPECT TO DETECTING SYNTHETIC OPIOIDS.
The Commissioner of U.S. Customs and Border Protection shall
provide to officers of U.S. Customs and Border Protection training in
detecting illicit fentanyl, other synthetic opioids, and other
narcotics and psychoactive substances, and precursors to such
substances, entering the United States, including training with respect
to the use of detection equipment and trends in the transportation of
such substances.
SEC. 8. EVALUATION OF IMPLEMENTATION OF STOP ACT OF 2018.
Not later than one year after the date of the enactment of this
Act, the Comptroller General of the United States shall submit to
Congress a report evaluating the implementation of the provisions of
and amendments made by the STOP Act of 2018 (subtitle A of title VIII
of Public Law 115-271; 132 Stat. 4073) that includes--
(1) identification of potential areas of risk with respect
to the entry of illicit fentanyl, other synthetic opioids, and
other narcotics and psychoactive substances into the United
States by mail, including any gaps that drug traffickers have
found in the system established under the STOP Act of 2018,
that takes into account, as relevant, the factors set forth in
section 343(a)(3) of the Trade Act of 2002 (19 U.S.C.
1415(a)(3));
(2)(A) a description--
(i) of any significant differences in rates of
compliance with that section between packages
transported by the United States Postal Service and
packages transported by private carriers; and
(ii) that takes into account, as relevant, the way
that the factors set forth in paragraph (3) of that
section may affect any such differences; and
(B) an analysis of how, if at all, those differences may
contribute to the risks identified in paragraph (1); and
(3) an assessment of--
(A) the use of the authority provided under
subclause (II) of section 343(a)(3)(K)(vi) of the Trade
Act of 2002 (19 U.S.C. 1415(a)(3)(K)(vi)) to exclude
countries from the requirement under subclause (I) of
that section that advance information be provided for
100 percent of international mail shipments; and
(B) whether the use of that authority should be
decreased during the period before that authority
terminates under subclause (V) of that section (as
added by section 3).
SEC. 9. SEVERABILITY.
If any provision of or amendment made by this Act, or the
application of such provision or amendment to any person or
circumstance, is held to be unconstitutional, the remainder of the
provisions of and amendments made by this Act, and the application of
such provisions and amendments to any person or circumstance, shall not
be affected.
<all>
</pre></body></html>
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118S987
|
PREVENT Fentanyl Act
|
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<html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 987 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 987
To expand the HERO Child-Rescue Corps Program, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
March 27, 2023
Ms. Klobuchar (for herself, Mr. Scott of Florida, Mr. Peters, and Mrs.
Capito) introduced the following bill; which was read twice and
referred to the Committee on Homeland Security and Governmental Affairs
_______________________________________________________________________
A BILL
To expand the HERO Child-Rescue Corps 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 ``Providing Resources for Exceptional
Veterans to End Narcotic Trafficking of Fentanyl Act'' or the ``PREVENT
Fentanyl Act''.
SEC. 2. EXPANSION OF THE HERO CHILD-RESCUE CORPS.
Section 890A of the Homeland Security Act of 2002 (6 U.S.C. 473) is
amended--
(1) by striking ``Child-Rescue'' each place it appears; and
(2) in subsection (e)--
(A) in the subsection heading, by striking ``HERO
Child-Rescue Corps'' and inserting ``HERO Corps
Program'';
(B) in paragraph (1)(B), by inserting ``, as
relevant'' after ``participants'';
(C) in paragraph (2), by inserting ``and fentanyl
trafficking'' after ``child exploitation'';
(D) in paragraph (3)--
(i) in the matter preceding subparagraph
(A), by inserting ``Corps'' before ``Program'';
and
(ii) in subparagraph (B)--
(I) in clause (v), by striking
``and'';
(II) in clause (vi), by striking
the period at the end and inserting ``;
and''; and
(III) by adding at the end the
following:
``(vii) fentanyl trafficking.''; and
(E) by adding at the end the following:
``(4) Limitation.--Investigations and analysis described in
paragraph (3)(B)(vii) may not make up more than 40 percent of
the investigations and analysis conducted by participants of
the HERO Corps Program.''.
<all>
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118S988
|
Promoting Interagency Coordination for Review of Natural Gas Projects Act
|
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[
"M001153",
"Sen. Murkowski, Lisa [R-AK]",
"cosponsor"
]
] |
<html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 988 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 988
To provide for coordination by the Federal Energy Regulatory Commission
of the process for reviewing certain natural gas projects under the
jurisdiction of the Commission, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
March 27, 2023
Mr. Hoeven (for himself and Mr. Sullivan) introduced the following
bill; which was read twice and referred to the Committee on Energy and
Natural Resources
_______________________________________________________________________
A BILL
To provide for coordination by the Federal Energy Regulatory Commission
of the process for reviewing certain natural gas projects under the
jurisdiction of the Commission, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Promoting Interagency Coordination
for Review of Natural Gas Projects Act''.
SEC. 2. FERC PROCESS COORDINATION FOR NATURAL GAS PROJECTS.
(a) Definitions.--In this section:
(1) Certificate of public convenience and necessity.--The
term ``certificate of public convenience and necessity'' means
a certificate of public convenience and necessity issued under
section 7 of the Natural Gas Act (15 U.S.C. 717f).
(2) Commission.--The term ``Commission'' means the Federal
Energy Regulatory Commission.
(3) Federal authorization.--The term ``Federal
authorization'' has the meaning given the term in section 15(a)
of the Natural Gas Act (15 U.S.C. 717n(a)).
(4) NEPA review.--The term ``NEPA review'' means the
process of reviewing a proposed Federal action under section
102 of the National Environmental Policy Act of 1969 (42 U.S.C.
4332).
(5) Project-related nepa review.--The term ``project-
related NEPA review'' means any NEPA review required to be
conducted with respect to the issuance of--
(A) an authorization under section 3 of the Natural
Gas Act (15 U.S.C. 717b); or
(B) a certificate of public convenience and
necessity.
(b) Commission NEPA Review Responsibilities.--In acting as the lead
agency under section 15(b)(1) of the Natural Gas Act (15 U.S.C.
717n(b)(1)) for the purposes of complying with the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) with respect
to an authorization under section 3 of the Natural Gas Act (15 U.S.C.
717b) or a certificate of public convenience and necessity, the
Commission shall, in accordance with this section and other applicable
Federal law--
(1) be the only lead agency;
(2) coordinate as early as practicable with each agency
designated as a participating agency under subsection (d)(3) to
ensure that the Commission develops information in conducting
project-related NEPA review that is usable by the participating
agency in considering an aspect of an application for a Federal
authorization for which the agency is responsible; and
(3) take such actions as are necessary and proper to
facilitate the expeditious resolution of project-related NEPA
review.
(c) Deference to Commission.--In making a decision with respect to
a Federal authorization required with respect to an application for an
authorization under section 3 of the Natural Gas Act (15 U.S.C. 717b)
or a certificate of public convenience and necessity, each agency shall
give deference, to the maximum extent authorized by law, to the scope
of the project-related NEPA review that the Commission determines to be
appropriate.
(d) Participating Agencies.--
(1) Identification.--Not later than 30 days after receiving
an application for an authorization under section 3 of the
Natural Gas Act (15 U.S.C. 717b) or a certificate of public
convenience and necessity, the Commission shall identify any
Federal or State agency, local government, or Indian Tribe
that--
(A) may issue a Federal authorization with respect
to the application; or
(B) is required by Federal law to consult with the
Commission in conjunction with the issuance of an
authorization under section 3 of that Act (15 U.S.C.
717b) or a Federal authorization required for the
certificate of public convenience and necessity.
(2) Invitation.--
(A) In general.--Not later than 45 days after
receiving an application for an authorization under
section 3 of the Natural Gas Act (15 U.S.C. 717b) or a
certificate of public convenience and necessity, the
Commission shall invite any agency identified under
paragraph (1) to participate in the review process for
the applicable Federal authorization.
(B) Deadline.--An invitation issued under
subparagraph (A) shall establish a deadline by which a
response to the invitation shall be submitted to the
Commission, which may be extended by the Commission for
good cause.
(3) Designation as participating agencies.--Not later than
60 days after the Commission receives an application for an
authorization under section 3 of the Natural Gas Act (15 U.S.C.
717b) or a certificate of public convenience and necessity, the
Commission shall designate an agency identified under paragraph
(1) as a participating agency with respect to an application
for an authorization under section 3 of that Act (15 U.S.C.
717b) or a certificate of public convenience and necessity
unless the agency informs the Commission, in writing, by the
deadline established pursuant to paragraph (2)(B), that the
agency--
(A) has no jurisdiction or authority with respect
to the applicable Federal authorization;
(B) has no special expertise or information
relevant to any project-related NEPA review; or
(C) does not intend to submit comments for the
record for the project-related NEPA review conducted by
the Commission.
(4) Effect of non-designation.--
(A) Effect on agency.--Any agency that is not
designated as a participating agency under paragraph
(3) with respect to an application for an authorization
under section 3 of the Natural Gas Act (15 U.S.C. 717b)
or a certificate of public convenience and necessity
may not request or conduct a NEPA review that is
supplemental to the project-related NEPA review
conducted by the Commission, unless the agency--
(i) demonstrates that such review is
legally necessary for the agency to carry out
responsibilities in considering an aspect of an
application for a Federal authorization; and
(ii) requires information that could not
have been obtained during the project-related
NEPA review conducted by the Commission.
(B) Comments; record.--The Commission shall not,
with respect to an agency that is not designated as a
participating agency under paragraph (3) with respect
to an application for an authorization under section 3
of the Natural Gas Act (15 U.S.C. 717b) or a
certificate of public convenience and necessity--
(i) consider any comments or other
information submitted by the agency for the
project-related NEPA review conducted by the
Commission; or
(ii) include any such comments or other
information in the record for the project-
related NEPA review.
(e) Schedule.--
(1) Deadline for federal authorizations.--The deadline for
a Federal authorization required with respect to an application
for an authorization under section 3 of the Natural Gas Act (15
U.S.C. 717b) or a certificate of public convenience and
necessity set by the Commission under section 15(c)(1) of the
Natural Gas Act (15 U.S.C. 717n(c)(1)) shall be not later than
90 days after the date on which the Commission completes the
applicable project-related NEPA review, unless an applicable
schedule is otherwise established by Federal law.
(2) Concurrent reviews.--Each Federal and State agency--
(A) that may consider an application for a Federal
authorization required with respect to an application
for an authorization under section 3 of the Natural Gas
Act (15 U.S.C. 717b) or a certificate of public
convenience and necessity shall formulate and implement
a plan for administrative, policy, and procedural
mechanisms to enable the agency to ensure completion of
Federal authorizations in compliance with the schedule
established by the Commission under section 15(c)(1) of
the Natural Gas Act (15 U.S.C. 717n(c)(1)); and
(B) in considering an aspect of an application for
a Federal authorization required with respect to an
application for an authorization under section 3 of the
Natural Gas Act (15 U.S.C. 717b) or a certificate of
public convenience and necessity, shall--
(i) develop and implement a plan to enable
the agency to comply with the schedule;
(ii) carry out the obligations of the
agency under applicable law concurrently, and
in conjunction with, the project-related NEPA
review conducted by the Commission, and in
compliance with the schedule;
(iii) transmit to the Commission a
statement--
(I) acknowledging receipt of the
schedule; and
(II) describing the plan developed
under clause (i); and
(iv) not less frequently than once every 90
days, transmit to the Commission a report
describing the progress made in considering the
application for a Federal authorization.
(3) Failure to meet deadline.--
(A) In general.--If a Federal or State agency,
including the Commission, fails to meet a deadline for
a Federal authorization required in the applicable
schedule established by the Commission under section
15(c)(1) of the Natural Gas Act (15 U.S.C. 717n(c)(1)),
not later than 5 days after the deadline, the head of
the relevant Federal agency (including, in the case of
a failure by a State agency, the Federal agency
overseeing the delegated authority) shall--
(i) notify Congress and the Commission of
the failure; and
(ii) include in that notification a
description of the recommended implementation
plan to ensure completion of the action to
which the deadline applied, unless the
Commission deems the requirement to complete
the action has been waived.
(B) Requirement.--In cases in which a requirement
has not been waived under clause (ii) of subparagraph
(A), not later than 5 days after the date on which the
Commission receives the notification under that
subparagraph, the Commission shall--
(i) accept the recommended implementation
plan; or
(ii) if the Commission does not accept the
recommended implementation plan, establish a
revised schedule for completion of the action
and notify the head of the relevant Federal
agency.
(f) Consideration of Applications for Federal Authorization.--
(1) Issue identification and resolution.--
(A) Identification.--Federal and State agencies
that may consider an aspect of an application for a
Federal authorization shall identify, as early as
practicable, any issues of concern that may delay or
prevent an agency from--
(i) working with the Commission to resolve
the issues; and
(ii) granting the Federal authorization.
(B) Issue resolution.--The Commission may forward
any issue of concern identified under subparagraph (A)
to the heads of the relevant agencies (including, in
the case of an issue of concern that is a failure by a
State agency, the Federal agency overseeing the
delegated authority, if applicable) for resolution.
(2) Remote surveys.--
(A) In general.--If a Federal or State agency
considering an aspect of an application for a Federal
authorization requires the person applying for the
Federal authorization to submit data, subject to
subparagraph (B), the agency shall consider any data
gathered by aerial or other remote means that the
person submits.
(B) Consideration.--Aerial or remote survey data
shall be considered under subparagraph (A) in cases in
which property access is not permitted or available and
therefore onsite inspection is not possible at the time
of the application review.
(C) Conditional approval.--If appropriate and
necessary for compliance with the mandate of the
agency, a Federal or State agency may condition
approval for a Federal authorization based in part on
data gathered by aerial or remote means on the
verification of the data by subsequent onsite
inspection.
(3) Application processing.--The Commission, and Federal
and State agencies, may allow a person applying for a Federal
authorization to fund a third-party contractor to assist in
reviewing the application for the Federal authorization.
(g) Accountability, Transparency, Efficiency.--
(1) In general.--For an application for an authorization
under section 3 of the Natural Gas Act (15 U.S.C. 717b) or a
certificate of public convenience and necessity that requires
multiple Federal authorizations, the Commission, with input
from any Federal or State agency considering an aspect of the
application, shall track and make available to the public on
the website of the Commission information relating to the
actions required to complete the Federal authorizations.
(2) Inclusions.--Information tracked and included under
paragraph (1) shall include the following:
(A) The schedule established by the Commission
under section 15(c)(1) of the Natural Gas Act (15
U.S.C. 717n(c)(1)).
(B) A list of all the actions required by each
applicable agency to complete permitting, reviews, and
other actions necessary to obtain a final decision on
the application.
(C) The expected completion date for each action.
(D) A point of contact at the agency responsible
for each action.
(E) In the event that an action is still pending as
of the expected date of completion, a brief explanation
of the reasons for the delay.
<all>
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<html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 989 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 989
To establish a more uniform, transparent, and modern process to
authorize the construction, connection, operation, and maintenance of
international border-crossing facilities for the import and export of
oil and natural gas and the transmission of electricity.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
March 27, 2023
Mr. Hoeven (for himself, Mr. Mullin, Mr. Sullivan, and Mr. Budd)
introduced the following bill; which was read twice and referred to the
Committee on Energy and Natural Resources
_______________________________________________________________________
A BILL
To establish a more uniform, transparent, and modern process to
authorize the construction, connection, operation, and maintenance of
international border-crossing facilities for the import and export of
oil and natural gas and the transmission of electricity.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``North American Energy Act''.
SEC. 2. APPROVAL FOR BORDER-CROSSING FACILITIES.
(a) Authorization of Certain Energy Infrastructure Projects at an
International Boundary of the United States.--
(1) Authorization.--Except as provided in paragraph (3) and
subsection (e), no person may construct, connect, or operate, a
border-crossing facility for the import or export of oil or
natural gas, or the transmission of electricity, across an
international border of the United States without obtaining a
certificate of crossing for the border-crossing facility under
this subsection.
(2) Certificate of crossing.--
(A) Requirement.--Not later than 90 days after
final action is taken, by the relevant official or
agency identified under subparagraph (B), under the
National Environmental Policy Act of 1969 (42 U.S.C.
4321 et seq.) with respect to a border-crossing
facility for which a person requests a certificate of
crossing under this subsection, the relevant official
or agency, in consultation with appropriate Federal
agencies, shall issue a certificate of crossing for the
border-crossing facility unless the relevant official
or agency finds that the construction, connection, or
operation, of the border-crossing facility is not in
the public interest of the United States.
(B) Relevant official or agency.--The relevant
official or agency referred to in subparagraph (A) is--
(i) the Federal Energy Regulatory
Commission with respect to border-crossing
facilities consisting of oil or natural gas
pipelines; and
(ii) the Secretary of Energy with respect
to border-crossing facilities consisting of
electric transmission facilities.
(C) Additional requirement for electric
transmission facilities.--In the case of a request for
a certificate of crossing for a border-crossing
facility consisting of an electric transmission
facility, the Secretary of Energy shall require, as a
condition of issuing the certificate of crossing under
subparagraph (A), that the border-crossing facility be
constructed, connected, operated, or maintained
consistent with all applicable policies and standards
of--
(i) the Electric Reliability Organization
and the applicable regional entity; and
(ii) any Regional Transmission Organization
or Independent System Operator with operational
or functional control over the border-crossing
facility.
(3) Exclusions.--This subsection shall not apply to any
construction, connection, operation, or maintenance of a
border-crossing facility for the import or export of oil or
natural gas, or the transmission of electricity--
(A) if the border-crossing facility is operating
for such import, export, or transmission as of the date
of enactment of this Act;
(B) if a permit described in subsection (d) for the
construction, connection, operation, or maintenance has
been issued; or
(C) if an application for a permit described in
subsection (d) for the construction, connection,
operation, or maintenance is pending on the date of
enactment of this Act, until the earlier of--
(i) the date on which such application is
denied; or
(ii) 2 years after the date of enactment of
this Act, if such a permit has not been issued
by such date.
(4) Effect of other laws.--
(A) Application to projects.--Nothing in this
subsection or subsection (e) shall affect the
application of any other Federal statute to a project
for which a certificate of crossing for a border-
crossing facility is requested under this subsection.
(B) Natural gas act.--Nothing in this subsection or
subsection (e) shall affect the requirement to obtain
approval or authorization under sections 3 and 7 of the
Natural Gas Act (15 U.S.C. 717b, 717f) for the siting,
construction, or operation of any facility to import or
export natural gas.
(C) Oil pipelines.--Nothing in this subsection or
subsection (e) shall affect the authority of the
Federal Energy Regulatory Commission with respect to
oil pipelines under section 60502 of title 49, United
States Code.
(D) Scope of nepa review.--Nothing in this Act, or
the amendments made by this Act, shall affect the scope
of any review required to be conducted under section
102 of the National Environmental Policy Act of 1969
(42 U.S.C. 4332) with respect to a project for which a
certificate of crossing for a border-crossing facility
is requested under this subsection.
(b) Importation or Exportation of Natural Gas to Canada and
Mexico.--Section 3(c) of the Natural Gas Act (15 U.S.C. 717b(c)) is
amended by adding at the end the following: ``In the case of an
application for the importation of natural gas from, or the exportation
of natural gas to, Canada or Mexico, the Commission shall grant the
application not later than 30 days after the date on which the
Commission receives the complete application.''.
(c) Transmission of Electric Energy to Canada and Mexico.--
(1) Repeal of requirement to secure order.--Section 202(e)
of the Federal Power Act (16 U.S.C. 824a(e)) is repealed.
(2) Conforming amendments.--
(A) State regulations.--Section 202(f) of the
Federal Power Act (16 U.S.C. 824a(f)) is amended by
striking ``insofar as such State regulation does not
conflict with the exercise of the Commission's powers
under or relating to subsection (e)''.
(B) Seasonal diversity electricity exchange.--
Section 602(b) of the Public Utility Regulatory
Policies Act of 1978 (16 U.S.C. 824a-4(b)) is amended
by striking ``the Commission has conducted hearings and
made the findings required under section 202(e) of the
Federal Power Act'' and all that follows through the
period at the end and inserting ``the Secretary has
conducted hearings and finds that the proposed
transmission facilities would not impair the
sufficiency of electric supply within the United States
or would not impede or tend to impede the coordination
in the public interest of facilities subject to the
jurisdiction of the Secretary.''.
(d) No Presidential Permit Required.--No Presidential permit (or
similar permit) shall be required pursuant to any provision of law or
Executive order for the construction, connection, operation, or
maintenance of an oil or natural gas pipeline or electric transmission
facility, or any border-crossing facility thereof.
(e) Modifications to and Maintenance of Existing Projects.--No
certificate of crossing under subsection (a), or permit described in
subsection (d), shall be required for a modification to or maintenance
of--
(1) an oil or natural gas pipeline or electric transmission
facility that is operating for the import or export of oil or
natural gas or the transmission of electricity as of the date
of enactment of this Act;
(2) an oil or natural gas pipeline or electric transmission
facility for which a permit described in subsection (d) has
been issued; or
(3) a border-crossing facility for which a certificate of
crossing has previously been issued under subsection (a).
(f) Effective Dates; Rulemaking Deadlines.--
(1) Effective date.--Subsections (a) through (e) and the
amendments made by such subsections shall take effect on the
date that is 1 year after the date of enactment of this Act.
(2) Rulemaking deadlines.--Each relevant official or agency
described in subsection (a)(2)(B) shall--
(A) not later than 180 days after the date of
enactment of this Act, publish in the Federal Register
notice of a proposed rulemaking to carry out the
applicable requirements of subsection (a); and
(B) not later than 1 year after the date of
enactment of this Act, publish in the Federal Register
a final rule to carry out the applicable requirements
of subsection (a).
(g) Judicial Review.--Any entity aggrieved by a final agency action
taken under this section may obtain a review of such action by filing a
petition for review in the United States Court of Appeals for any
circuit wherein an applicant for authorization under this section is
located or has its principal place of business, or in the United States
Court of Appeals for the District of Columbia. The petition must be
filed not later than 60 days after such action is taken.
(h) Definitions.--In this section:
(1) Appropriate federal agencies.--The term ``appropriate
Federal agencies'' in subsection (a)(2)(A) means the Secretary
of Defense, the Attorney General, the Secretary of the
Interior, the Secretary of Commerce, the Secretary of
Transportation, the Secretary of Energy, the Secretary of
Homeland Security, the Administrator of the Environmental
Protection Agency, and, for applications concerning the border
with Mexico, the United States Commissioner of the
International Boundary and Water Commission.
(2) Border-crossing facility.--The term ``border-crossing
facility'' means--
(A) the portion of an oil pipeline between an
international boundary and the first mainline valve on
the United States side of an international boundary;
and
(B) the portion of a natural gas pipeline or
electric transmission facility that is located at an
international boundary of the United States.
(3) Electric reliability organization; regional entity.--
The terms ``Electric Reliability Organization'' and ``regional
entity'' have the meanings given those terms in section 215 of
the Federal Power Act (16 U.S.C. 824o).
(4) Independent system operator; regional transmission
organization.--The terms ``Independent System Operator'' and
``Regional Transmission Organization'' have the meanings given
those terms in section 3 of the Federal Power Act (16 U.S.C.
796).
(5) Modification.--The term ``modification'' includes a
reversal of flow direction, change in ownership, change in flow
volume, change in product delivered, addition or removal of an
interconnection, or an adjustment to regulate flow (such as a
reduction or increase in the number of pump or compressor
stations or valves).
(6) Natural gas.--The term ``natural gas'' has the meaning
given that term in section 2 of the Natural Gas Act (15 U.S.C.
717a).
(7) Oil.--The term ``oil'' means petroleum or a petroleum
product.
<all>
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118S99
|
National Development Strategy and Coordination Act of 2023
|
[
[
"R000595",
"Sen. Rubio, Marco [R-FL]",
"sponsor"
]
] |
<p><b>National Development Strategy and Coordination Act of 2023</b></p> <p>This bill establishes the Interagency Committee for the Coordination of National Development Financing Programs within the Executive Office of the President. The committee must develop a national strategy to (1) address vulnerabilities in the domestic supply chains of critical industries, (2) strengthen U.S. industrial and manufacturing capabilities, and (3) support targeted job growth and economic development.</p> <p>The bill authorizes the Federal Financing Bank to provide financing assistance to carry out certain directives made by the committee.</p>
|
<html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 99 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 99
To establish a National Development Strategy, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
January 26, 2023
Mr. Rubio introduced the following bill; which was read twice and
referred to the Committee on Banking, Housing, and Urban Affairs
_______________________________________________________________________
A BILL
To establish a National Development Strategy, and for other 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 ``National Development Strategy and
Coordination Act of 2023''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Appropriate congressional committee.--The term
``appropriate congressional committee'' means--
(A) the Committee on Banking, Housing, and Urban
Affairs, the Committee on Finance, the Committee on
Commerce, Science, and Transportation, and the Select
Committee on Intelligence of the Senate; and
(B) the Committee on Financial Services, the
Committee on Energy and Commerce, and the Permanent
Select Committee on Intelligence of the House of
Representatives.
(2) Country of concern.--The term ``country of concern''
means--
(A) the People's Republic of China and any other
foreign government or foreign non-government person
determined to be a foreign adversary under section 7.4
of title 15, Code of Federal Regulations, or any
successor regulation; or
(B) any country determined by the Secretary of
Commerce, in consultation with the United States Trade
Representative, the Secretary of Defense, and the
Director of National Intelligence, to have inadequate
safeguards in place to protect United States funds (or
intellectual property developed using such funds) from
theft or transfer to a foreign government or foreign
non-government person described in subparagraph (A).
(3) Entity of concern.--The term ``entity of concern''
means--
(A) an entity headquartered in a country of
concern;
(B) an entity that is more than 25-percent owned by
individuals or entities in countries of concern;
(C) an entity on the list of specially designated
nationals and blocked persons maintained by the Office
of Foreign Assets Control of the Department of the
Treasury (commonly referred to as the ``SDN list'');
(D) an entity on the Non-SDN Chinese Military-
Industrial Complex Companies List--
(i) established pursuant to Executive Order
13959 (50 U.S.C. 1701 note; relating to
addressing the threat from securities
investments that finance Communist Chinese
military companies), as amended before, on, or
after the date of the enactment of this Act;
and
(ii) maintained by the Office of Foreign
Assets Control;
(E) a Chinese military company on the list required
by section 1260H of the William M. (Mac) Thornberry
National Defense Authorization Act for Fiscal Year 2021
(Public Law 116-283; 10 U.S.C. 113 note);
(F) an entity on the Entity List maintained by the
Bureau of Industry and Security of the Department of
Commerce and set forth in Supplement No. 4 to part 744
of title 15, Code of Federal Regulations, or any
successor regulation;
(G) an entity that produces equipment or services
on the list of communications equipment and services
that pose an unacceptable risk to the national security
of the United States or the security and safety of
United States persons maintained by the Federal
Communications Commission under section 2 of the Secure
and Trusted Communications Networks Act of 2019 (47
U.S.C. 1601); or
(H) any entity that is majority owned or controlled
by, or under common ownership or control with, an
entity described in any of subparagraphs (A) through
(G).
SEC. 3. ESTABLISHMENT OF THE INTERAGENCY COMMITTEE FOR THE COORDINATION
OF NATIONAL DEVELOPMENT FINANCING PROGRAMS.
(a) Establishment.--There is established in the Executive Office of
the President a Committee to be known as the Interagency Committee for
the Coordination of National Development Financing Programs (referred
to in this Act as the ``Committee'').
(b) Membership.--
(1) Composition.--The Committee shall consist of the
following members:
(A) The Secretary of Transportation or a designee
of the Secretary.
(B) The Secretary of Energy or a designee of the
Secretary.
(C) The Secretary of Commerce or a designee of the
Secretary.
(D) The Secretary of Labor or a designee of the
Secretary.
(E) The Secretary of the Treasury or a designee of
the Secretary.
(F) The Administrator of the Small Business
Administration or a designee of the Administrator.
(G) The Secretary of Defense or a designee of the
Secretary.
(H) The Director of National Intelligence or a
designee of the Director.
(I) The Secretary of Agriculture or a designee of
the Secretary.
(J) The United States Trade Representative or their
designee.
(K) The Chair of the Board of Governors of the
Federal Reserve or a designee of the Chair, who shall
serve as a nonvoting member.
(L) The Secretary of the Treasury or a designee of
the Secretary, who shall serve as the chair of the
Committee.
(2) Tie vote.--In the event of a tie vote, the vote of the
chair of the Committee shall serve as the tie-breaker.
(c) Duties.--The Committee--
(1) shall submit to Congress the National Development
Strategy described in subsection (d);
(A) not later than 1 year after the date of
enactment of this Act; and
(B) not later than 1 year after January 20, 2025,
and every 4 years thereafter, and in each such year not
earlier than the latest date on which the budget of the
President may be submitted to Congress under section
1105(a) of title 31, United States Code, submit to
Congress the National Development Strategy described in
subsection (d); and
(2) shall identify economic sectors of the United States,
regions of the United States, and, as necessary and supported
by substantial evidence, projects or partnerships that advance
the goals of the National Development Strategy described in
subsection (d), to which financing assistance should be
prioritized by member agencies of the Committee and should be
provided or supported by the Federal Financing Bank.
(d) National Development Strategy.--The Committee shall develop a
publicly available (except for an allowable classified annex) National
Development Strategy, which shall--
(1) identify and address vulnerabilities in United States
supply chains in industries critical to national security;
(2) identify and address vulnerabilities and shortfalls in
domestic manufacturing capabilities that threaten the ability
of the United States to maintain a global advantage in
innovation and manufacturing;
(3) identify weaknesses and discuss opportunities to
strengthen the broad industrial base of the United States,
which may include--
(A) strengthening supply chain resiliency;
(B) supporting industries critical for the national
security;
(C) developing technologies that provide scientific
or commercial value to the United States;
(D) supporting job growth and development of
critical manufacturing capabilities within the United
States workforce;
(E) supporting the development and adoption of
innovative resource extraction technologies, including
for renewable energy; and
(F) supporting job growth and economic development
in critical industries in communities designated as
qualified opportunity zones under section 1400Z-1 of
the Internal Revenue Code of 1986;
(4) identify industries and regions in the United States
that require assistance in order to address vulnerabilities and
advance the goals described in paragraphs (1), (2), and (3);
and
(5) outline a strategic plan to promote investment in the
industries described in paragraph (4), which shall include--
(A) an estimate of the amount and nature of public
financing needed to achieve the goals and address
vulnerabilities described in paragraphs (1), (2), and
(3);
(B) an inventory of all Federal programs in
existence as of the date of the National Development
Strategy that are capable of providing the financing
described in subparagraph (A), the level of investment
from each such Federal program in the preceding 5-year
period, and a detailed description of how each such
program is advancing development goals in the United
States;
(C) recommendations as to how Federal agencies may,
under existing Federal authorities, leverage and
attract private investment to accomplish the goals
described in this subsection;
(D) recommendations, if applicable, on any changes
to Federal financing programs, including changes to how
financing decisions are prioritized or creation of new
financing programs, that may be needed to advance the
goals of the National Development Strategy;
(E) directives to the Federal Financing Bank to
accomplish the goals of the National Development
Strategy; and
(F) performance metrics to evaluate and monitor
projects supported by the Federal Financing Bank in
alignment with the National Development Strategy.
(e) Advice and Input.--The Committee shall seek the advice and
input of industry partners, manufacturing policy experts, State and
local development officials, and manufacturing worker interests when
preparing the National Development Strategy described in subsection
(d), including by--
(1) holding not less than 4 public hearings per year,
either virtually or in-person, during which industry
representatives, worker groups, and regional representatives
can provide insight into strategic development prioritization;
and
(2) establishing an Industry Advisory Board of not more
than 10 members appointed by the President, which shall
include--
(A) an expert in industry competitiveness and
national security;
(B) a manufacturing trade association
representative;
(C) a representative of small business government
contractors;
(D) a manufacturing worker representative;
(E) a representative from a private investment firm
investing in critical industries and frontier
technology; and
(F) such other representatives as the President may
appoint.
(f) Assessment of National Development Strategy.--In January of
each year in which the Committee does not submit a new National
Development Strategy as required under subsection (d), the Committee
shall submit to the appropriate congressional committees an assessment
of the most recently published National Development Strategy, which
shall include--
(1) an accounting of any new investments made by the
Federal Financing Bank or member agencies of the Committee in
the preceding year, including ZIP Code, North American Industry
Classification System code, and financing stage;
(2) the performance of such investments, in accordance with
performance metrics established by the Committee;
(3) an assessment of the implementation of the National
Development Strategy, including an assessment by each agency
represented on the Committee, supported by sufficient evidence,
of steps taken to align such agencies' financing, research, and
development activities with the goals of the National
Development Strategy; and
(4) a determination on whether or not an update is needed
to the National Development Strategy as a result of a change in
assumptions, geopolitical dynamics, or other factors.
(g) Memorandum of Coordination With Federal Agencies Engaged in
Investment and Financing Activities.--Not later than 1 year after the
date of enactment of this Act, the Committee shall negotiate a
memorandum of understanding among the Federal agencies represented on
the Committee, which shall--
(1) establish procedures for--
(A) aligning their respective investment and
financing authorities to ensure maximum efficiency and
comply with the goals of the National Development
Strategy;
(B) resolving conflicts in cases of overlapping
jurisdiction between their respective agencies; and
(C) avoiding conflicting or duplicative operation
of services.
(2) be reviewed and updated annually in coordination with
the submission of the assessment outlined in subsection (f).
(h) Meetings.--The Committee shall meet regularly and as required
by the President, but not less frequently than annually.
(i) Strategic Alignment.--Each Federal agency represented on the
Committee shall--
(1) consult on a regular basis the most recently published
National Development Strategy described in subsection (d); and
(2) to the extent practicable, give priority consideration
to projects that align with the goals of the National
Development Strategy when engaged in financing, research, and
development activities.
SEC. 4. REQUIREMENTS OF THE FEDERAL FINANCING BANK RELATING TO THE
NATIONAL DEVELOPMENT STRATEGY.
(a) In General.--The Federal Financing Bank Act of 1973 (12 U.S.C.
2281 et seq.) is amended by adding at the end the following:
``SEC. 21. FUNCTIONS WITH RESPECT TO THE COMMITTEE.
``(a) In General.--The Bank shall carry out any directives made to
the Bank by the Interagency Committee for the Coordination of National
Development Financing Programs pursuant to subsections (c)(2) and
(d)(5)(E) of section 3 of the National Development Strategy and
Coordination Act of 2023.
``(b) Activities.--Pursuant to subsection (a), the Bank is
authorized, upon direction by the Interagency Committee for the
Coordination of National Development Financing Programs, to--
``(1) issue securities that are backed by financing
assistance through any member agency of the Committee;
``(2) purchase from the private market loans or other debt
or equity instruments guaranteed in whole or in part by any
member agency of the Committee; and
``(3) participate in agency loans or loan guarantees in an
amount less than 100 percent of the principal amount of
financing.
``(c) Purchase Not for Resale.--As directed by the Interagency
Committee for the Coordination of National Development Financing
Programs in accordance with the National Development Strategy
established under section 3(d) of the National Development Strategy and
Coordination Act of 2023, the Bank may, as necessary, purchase not for
resale to the private market any loans or other debt or equity
instruments described in subsection (b)(2).
``SEC. 22. SECONDARY MARKET OPERATIONS.
``Except as otherwise provided in the National Development Strategy
and Coordination Act of 2023, obligations purchased by the Bank may be
resold in the secondary market in a similar manner to secondary market
sales of Treasury notes.
``SEC. 23. OMBUDSMAN.
``The Board of Directors of the Bank shall designate an official as
the Ombudsman who shall--
``(1) review investments made by the Bank on projects or
partnerships identified by the Interagency Committee for the
Coordination of National Development Financing Programs;
``(2) review the risk profiles and performance of any such
projects or partnerships;
``(3) provide oversight relating to any such projects or
partnerships; and
``(4) provide annually to the appropriate congressional
committees a report detailing investments made by the Bank in
projects or partnerships identified by the Committee described
in paragraph (1), the performance of such investments, and any
new or existing investments that may present cause for concern
regarding the potential of repayment or lack of alignment with
strategic directives.''.
(b) Federal Credit Reform Act.--If the Committee determines that a
project or partnership receiving financial assistance through any
member agency is investing in frontier technologies for which no
reasonable market comparison exists, obligations purchased in
connection with such project or partnership by the Federal Financing
Bank under section 21 of the Federal Financing Bank Act of 1973, as
added by subsection (a) of this section, shall not be subject to the
Federal Credit Reform Act of 1990 (2 U.S.C. 661 et seq.).
SEC. 5. AUTHORIZATION OF APPROPRIATIONS FOR THE FEDERAL FINANCING BANK.
(a) In General.--There is authorized to be appropriated to the
Federal Financing Bank, to remain available for 10 years after the date
of distribution, to carry out projects and partnerships selected by the
National Development Strategy established under section 3(d) of this
Act--
(1) for fiscal year 2024, $5,000,000,000;
(2) for fiscal year 2025, $5,000,000,000;
(3) for fiscal year 2026, $5,000,000,000; and
(4) for fiscal year 2027, $5,000,000,000;
(b) Set Aside.--Not more than 2 percent of funds appropriated under
this section shall be utilized for administrative costs, including the
hiring of new staff to oversee and accomplish the functions of the
Federal Financing Bank.
(c) Sense of Congress.--It is the sense of Congress that the
Federal Financing Bank should use amounts appropriated under this
section as soon as possible.
SEC. 6. PROHIBITIONS AND POLICY.
(a) Prohibition.--No funding or authorities provided under this Act
may be used to support projects or partnerships with any entity of
concern.
(b) Policies.--Not later than 180 days after the date of enactment
of this Act, the Committee shall establish policies to ensure that any
support to projects or partnerships provided by the Federal Financing
Bank in accordance with this Act--
(1) includes assurances that no support provided in such
project or partnership shall be used to expand operations in a
country of concern;
(2) includes protections to ensure against transfer of
intellectual property to countries of concern; and
(3) includes requirements that any firm participating in a
project or partnership funded by this Act disclose any
affiliate, parent company, or subsidiary located in a country
of concern.
<all>
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