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Maximizing Outcomes through Better Investments in Lifesaving Equipment for (MOBILE) Health Care Act This bill allows a health center that currently receives funding through a Health Resources & Services Administration Health Center Program grant to use a New Access Point grant to set up a mobile unit regardless of whether the health center also establishes a permanent health care delivery site. New Access Point grants help health centers establish new delivery sites to provide comprehensive primary care to medically underserved populations. Under current law, health centers may only use the grants to set up a mobile unit if they also establish a permanent site. | 117 S958 IS: Maximizing Outcomes through Better Investments in Lifesaving Equipment for (MOBILE) Health Care Act U.S. Senate 2021-03-24 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 117th CONGRESS 1st Session S. 958 IN THE SENATE OF THE UNITED STATES March 24, 2021 Ms. Rosen Ms. Collins Committee on Health, Education, Labor, and Pensions A BILL To amend the Public Health Service Act to expand the allowable use criteria for new access points grants for community health centers. 1. Short title This Act may be cited as the Maximizing Outcomes through Better Investments in Lifesaving Equipment for (MOBILE) Health Care Act 2. New access points grants Section 330(e)(6)(A) of the Public Health Service Act ( 42 U.S.C. 254b(e)(6)(A) (v) Mobile units (I) In general A mobile unit may qualify as a new delivery site under clause (i), regardless of whether the applicant additionally proposes to establish a permanent, full-time site. (II) Definition of mobile unit In this clause, the term mobile unit (aa) means a unit that is staffed by clinicians working for or on behalf of a health center to provide medical or oral health services at one or more locations— (AA) to a target population specified in the application for a grant under subparagraph (A) or (B) of paragraph (1); and (BB) for a total of not less than 40 hours per week; and (bb) may include a geographic rotation so long as access to medical or oral health services through such unit for such target population is available not less than 2 times per month for each geographic location. (vi) Costs for renovation and new construction The costs for which a grant described in clause (i) is made may include costs associated with— (I) acquiring, leasing, expanding, or renovating an existing building for providing health services to medically underserved populations; (II) constructing a new building for such purposes; or (III) acquiring, leasing, expanding, or renovating mobile medical equipment or vehicles to establish a new delivery site for such purposes. (vii) Requirements with respect to real property, equipment, and other capital assets (I) Real property A recipient of a grant described in clause (i) shall use any real property constructed, purchased, or significantly improved with funds awarded through such grant for the purposes for which the property was so constructed, purchased, or significantly improved for a period of 12 years. At the conclusion of such period, any Federal interest under this paragraph in such property shall expire. (II) Equipment and other capital assets A recipient of a grant described in clause (i) shall use any equipment or asset, other than real property, acquired with funds awarded through such grant for the purposes for which the equipment or asset was so acquired for a period that is the lesser of the remaining useful life of the equipment or asset or 6 years. At the conclusion of such period, any Federal interest under this paragraph in such equipment or asset shall expire. . | Maximizing Outcomes through Better Investments in Lifesaving Equipment for (MOBILE) Health Care Act |
Secure and Protect Act of 2021 This bill makes changes to the handling of unaccompanied alien children and asylum applications. The Flores settlement (a court settlement imposing conditions on the treatment of detained alien minors) shall not restrict any activities. The Department of Homeland Security (DHS) shall have sole discretion as to detention standards of alien minors. Statutory provisions governing the handling of unaccompanied alien children from U.S.-bordering countries shall now govern all unaccompanied alien children. The bill provides for requirements relating to the handling of such alien children. Certain immigration officer determinations relating to unaccompanied alien children shall be unreviewable. DHS may detain accompanied alien children pending the completion of removal proceedings (some courts have ruled that Flores limits the detention of certain alien children to 20 days). States may not impose licensing requirements for family detention facilities. An unaccompanied alien child shall not be released from custody while immigration or removal proceedings are pending, with some exceptions. The bill limits asylum eligibility to aliens entering the United States at a designated port of entry and provides for additional grounds for asylum ineligibility. A credible fear of persecution is redefined to mean that it is more likely than not that the alien would be able to establish eligibility for asylum. The Department of State shall establish refugee application and processing centers in Mexico and Central America. The bill requires the hiring of additional immigration judges, support staff, and U.S. Immigration and Customs Enforcement attorneys. | 117 S959 IS: Secure and Protect Act of 2021 U.S. Senate 2021-03-24 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 117th CONGRESS 1st Session S. 959 IN THE SENATE OF THE UNITED STATES March 24, 2021 Mr. Graham Mr. Tillis Mr. Barrasso Committee on the Judiciary A BILL To amend the William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008 to protect alien minors and to amend the Immigration and Nationality Act to end abuse of the asylum system and establish refugee application and processing centers outside the United States, and for other purposes. 1. Short title This Act may be cited as the Secure and Protect Act of 2021 2. Protection of minors (a) Promoting family unity Section 235 of the William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008 ( 8 U.S.C. 1232 (j) Promoting family unity (1) Detention of alien minors (A) In general Notwithstanding any other provision of law, judicial determination, consent decree, or settlement agreement, the Secretary of Homeland Security may detain any alien minor (other than an unaccompanied alien child) who is inadmissible to the United States under section 212(a) of the Immigration and Nationality Act ( 8 U.S.C. 1182(a) 8 U.S.C. 1227(a) (B) Priority removal cases The Attorney General shall— (i) prioritize the removal proceedings of an alien minor, or a family unit that includes an alien minor, detained under subparagraph (A); and (ii) set a case completion goal of not more than 100 days for such proceedings. (C) Detention and release decisions The decision to detain or release an alien minor described in subparagraph (A)— (i) shall be governed solely by sections 212(d)(5), 217, 235, 236, and 241 of the Immigration and Nationality Act ( 8 U.S.C. 1182(d)(5) (ii) shall not be governed by standards, requirements, restrictions, or procedures contained in a judicial decree or settlement relating to the authority to detain or release alien minors. (2) Conditions of detention (A) In general Notwithstanding any other provision of law, judicial determination, consent decree, or settlement agreement, the Secretary of Homeland Security shall determine, in the sole discretion of the Secretary, the conditions of detention applicable to an alien minor described in paragraph (1)(A) regardless of whether the alien minor was previously an unaccompanied alien child. (B) No judicial review A determination under subparagraph (A) shall not be subject to judicial review. (3) Rule of construction Nothing in this section— (A) affects the eligibility for bond or parole of an alien; or (B) limits the authority of a court to hear a claim arising under the Constitution of the United States. (4) Preemption of State licensing requirements Notwithstanding any other provision of law, judicial determination, consent decree, or settlement agreement, a State may not require an immigration detention facility used to detain families consisting of one or more children who have not attained 18 years of age and the parents or legal guardians of such children, that is located in the State, to be licensed by the State or any political subdivision thereof. (5) Conditions of custody The Secretary of Homeland Security shall ensure that each— (A) family residential facility is secure and safe; and (B) alien child and accompanying parent at a family residential facility has— (i) suitable living accommodations; (ii) access to drinking water and food; (iii) timely access to medical assistance, including mental health assistance; and (iv) access to any other service necessary for the adequate care of a minor child. (6) Authorization of appropriations There are authorized to be appropriated such sums as may be necessary to carry out this subsection. (k) Applicability of consent decrees, settlements, and judicial determinations (1) Flores settlement agreement inapplicable Any conduct or activity that was, before the date of the enactment of this subsection, subject to any restriction or obligation imposed by the stipulated settlement agreement filed on January 17, 1997, in the United States District Court for the Central District of California in Flores v. Reno, CV 85–4544–RJK, (commonly known as the Flores settlement agreement (A) shall be subject to the restrictions and obligations in subsection (j) or imposed by the William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008 ( Public Law 110–457 (B) shall not be subject to the restrictions and the obligations imposed by such settlement agreement or judicial determination. (2) Other settlement agreements or consent decrees In any civil action with respect to the conditions of detention of alien children, the court shall not enter or approve a settlement agreement or consent decree unless it complies with the limitations set forth in subsection (j). . (b) Safe and prompt return of unaccompanied alien children Section 235(a) of the William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008 ( 8 U.S.C. 1232(a) (1) in paragraph (2)— (A) by amending the paragraph heading to read as follows: Rules for repatriating unaccompanied alien children (B) in subparagraph (A), in the matter preceding clause (i), by striking who is a national or habitual resident of a country that is contiguous with the United States shall be treated in accordance with subparagraph (B) shall be treated in accordance with this paragraph or subsection (b), as applicable (C) in subparagraph (B)— (i) by redesignating clauses (i) and (ii) as subclauses (I) and (II), and moving the subclauses two ems to the right; (ii) in the matter preceding subclause (I), as so redesignated, by striking An immigration officer (i) In general An immigration officer ; and (iii) by adding at the end the following: (ii) Children unable to make decisions with respect to withdrawal of applications for admission If at the time of initial apprehension, an immigration officer determines, in the sole and unreviewable discretion of the immigration officer, that an unaccompanied alien child is not able to make an independent decision with respect to the withdrawal of his or her application for admission to the United States, the immigration officer shall refer the unaccompanied alien child for removal proceedings under section 240 of the Immigration and Nationality Act ( 8 U.S.C. 1229a (iii) Children able to make decisions with respect to withdrawal of applications for admission (I) In general Except as described in subclause (III)(aa), notwithstanding any other provision of law that requires removal proceedings under section 240 of the Immigration and Nationality Act ( 8 U.S.C. 1229a 8 U.S.C. 1225 (aa) make a record of any finding of inadmissibility or deportability, which shall be the basis of a repatriation order, which shall be carried out and the child shall be returned to his or her country of nationality or last habitual residence, unless the child is referred— (AA) for removal proceedings pursuant to subclause (III)(aa); or (BB) to an immigration judge for a determination pursuant to subclause (III)(bb); and (bb) refer the unaccompanied alien child for an interview under subclause (II) to determine whether it is more likely than not that the unaccompanied alien child— (AA) will be subjected to trafficking on return to his or her country of nationality or last habitual residence; and (BB) would be granted asylum under section 208 of the Immigration and Nationality Act ( 8 U.S.C. 1158 8 U.S.C. 1231(b)(3) Convention Against Torture (II) Interview (aa) In general An interview under subclause (I)(bb) shall be conducted by an immigration officer with specialized training relating to— (AA) applicable law; (BB) interviewing children; and (CC) child trafficking. (III) Determinations based on interview (aa) Removal proceedings An unaccompanied alien child described in subclause (I) shall be referred for removal proceedings under section 240 of the Immigration and Nationality Act ( 8 U.S.C. 1229a (bb) Asylum only determinations (AA) In general If, based on an interview under subclause (I)(bb), the immigration officer makes a determination that it is more likely than not that the claim of an unaccompanied alien child for asylum under section 208 of the Immigration and Nationality Act ( 8 U.S.C. 1158 8 U.S.C. 1231(b)(3) 8 U.S.C. 1158 8 U.S.C. 1231(b)(3) (BB) Repatriation An unaccompanied alien child referred to an immigration judge under subitem (AA) shall be returned to his or her country of nationality or last habitual residence if the immigration judge finds that the unaccompanied alien child is not entitled to asylum, withholding of removal, or protection under the regulations issued pursuant to the legislation implementing the Convention Against Torture. (IV) Discretion of immigration officer; no judicial review A decision of an immigration officer under this clause, and the issuance of a repatriation order, shall be in the sole, unreviewable discretion of the immigration officer. (iv) Detention during proceedings (I) In general Except as provided in subclauses (II) and (III), notwithstanding any other provision of law, settlement agreement, or consent decree, an unaccompanied alien child shall not be released from the custody of the Secretary of Homeland Security or the Director of the Office of Refugee Resettlement during the pendency of the immigration or removal proceedings of the unaccompanied alien child. (II) Release to sponsor (aa) In general Except as provided in item (bb), the Director of the Office of Refugee Resettlement may, in the sole, unreviewable discretion of the Director, release an unaccompanied alien child to a sponsor who is a verified parent or legal guardian or, in the case of an unaccompanied alien child who does not have a verified parent or legal guardian in the United States, a close relative, a distant relative, or an unrelated adult. (bb) Exception The Director of the Office of Refugee Resettlement shall not under any circumstance release an unaccompanied alien child to a sponsor or a member of the sponsor's household who has committed an offense described in section 236(c)(1) of the Immigration and Nationality Act ( 8 U.S.C. 1226(c)(1) 8 U.S.C. 1229a (cc) Provision of information to Secretary of Homeland Security The Secretary of Health and Human Services shall provide to the Secretary of Homeland Security information relating to the sponsor, potential sponsor, and each member of the household of the sponsor or potential sponsor, of each unaccompanied alien child. (III) Programs for unaccompanied alien children without sponsors In the case of an unaccompanied alien child who cannot be placed with a sponsor under item (aa), the Director of the Office of Refugee Resettlement may release the child to a program for unaccompanied alien minors, such as a program under section 412(d) of the Immigration and Nationality Act ( 8 U.S.C. 1522(d) ; and (D) in subparagraph (C)— (i) by amending the subparagraph heading to read as follows: Agreements with foreign countries.— (ii) in the matter preceding clause (i), by striking countries contiguous to the United States Canada, El Salvador, Guatemala, Honduras, Mexico, and any other foreign country the Secretary considers appropriate (2) by striking paragraph (3); (3) by redesignating paragraphs (4) and (5) as paragraphs (3) and (4), respectively; and (4) in paragraph (4)(D), as so redesignated, by striking from a contiguous country (c) Protecting integrity of special immigrant juvenile visa program Section 101(a)(27)(J) of the Immigration and Nationality Act ( 8 U.S.C. 1101(a)(27)(J) (1) in clause (i), by striking , and whose State law (2) in clause (iii)— (A) in subclause (I), by striking and (B) by adding at the end the following: (III) an alien may not be granted special immigrant juvenile status under this subparagraph if the juvenile court determines that the alien may be returned to the legal custody of any parent of the alien; and (IV) (aa) in assessing whether an alien is entitled to special immigrant juvenile classification under this subparagraph, the Secretary of Homeland Security may, in the discretion of the Secretary, determine whether— (AA) an order of dependency or custody issued for purposes of clause (i) was issued during juvenile court abuse and neglect proceedings for the purpose of providing permanency to an alien the parents of whom have been found to be unfit; and (BB) such order was issued by a court of appropriate jurisdiction ; and (bb) notwithstanding any other provision of law, no court shall have jurisdiction to review a determination made by the Secretary of Homeland Security under this subclause; . (d) Parole reform (1) In general Paragraph (5) of section 212(d) ( 8 U.S.C. 1182(d) (5) Humanitarian and significant public benefit parole (A) In general Subject to the provisions of this paragraph and section 214(f)(2), the Secretary of Homeland Security, in the sole discretion of the Secretary of Homeland Security, may, on an individual case-by-case basis and not according to eligibility criteria describing an entire class of potential parole recipients, parole an alien into the United States temporarily, under such conditions as the Secretary of Homeland Security may prescribe, only— (i) for an urgent humanitarian reason (as described under subparagraph (B)); or (ii) for a reason deemed strictly for the significant public benefit (as described under subparagraph (C)). (B) Humanitarian parole The Secretary of Homeland Security may parole an alien based on an urgent humanitarian reason described in this subparagraph only if— (i) the alien has a medical emergency and the alien cannot obtain necessary treatment in the foreign state in which the alien is residing or the medical emergency is life-threatening and there is insufficient time for the alien to be admitted through the normal visa process; (ii) the alien is the legal guardian or otherwise has legal authority to make medical decisions on behalf of an alien described in clause (i); (iii) the alien is needed in the United States in order to donate an organ or other tissue for transplant into an immediate family member and there is insufficient time for the alien to be admitted through the normal visa process; (iv) the alien has an immediate family member in the United States whose death is imminent and the alien could not arrive in the United States in time to see such family member alive if the alien were to be admitted through the normal visa process; (v) the alien is a lawful applicant for adjustment of status under section 245; or (vi) the alien was lawfully granted status under section 208 or lawfully admitted under section 207. (C) Significant public benefit parole The Secretary of Homeland Security may parole an alien based on a reason deemed strictly for the significant public benefit described in this subparagraph only if— (i) the presence of the alien is necessary in a matter such as a criminal investigation or prosecution, espionage activity, or other similar law enforcement or intelligence-related activity; (ii) the presence of the alien is necessary in a civil matter concerning the termination of parental rights; (iii) the alien has previously assisted the United States Government in a matter described in clause (i) and the life of the alien would be threatened if the alien were not permitted to enter the United States; (iv) in the case of an alien detained under section 235, it is necessary to release from detention and grant parole to the alien due to a safety concern or for the preservation of life and property, including in the case of— (I) lack of adequate bed space in a detention facility; or (II) an alien who has a serious medical condition such that continued detention would be life-threatening or would risk serious bodily injury, disfigurement, or permanent disability; or (v) in the case of an alien returned to a foreign territory contiguous to the United States pursuant to section 235(b)(2)(C), it is necessary to parole the alien into the United States for an immigration proceeding. (D) Limitation on the use of parole authority The Secretary of Homeland Security may not use the parole authority under this paragraph— (i) to circumvent immigration policy established by law; (ii) to admit classes of aliens who do not qualify for admission under established legal immigration categories; or (iii) to supplement established immigration categories without an Act of Congress. (E) Parole not an admission Parole of an alien under this paragraph shall not be considered an admission of the alien into the United States. When the purposes of the parole of an alien have been served, or such parole is revoked, as determined by the Secretary of Homeland Security, the alien shall immediately return or be returned to the custody from which the alien was paroled and the alien shall be considered for admission to the United States on the same basis as other similarly situated applicants for admission. (F) Report to Congress Not later than 90 days after the end of each fiscal year, the Secretary of Homeland Security shall submit a report to the Committee on the Judiciary of the Senate and the Committee on the Judiciary of the House of Representatives describing the number and categories of aliens paroled into the United States under this paragraph. Each such report shall contain information and data concerning the number and categories of aliens paroled, the duration of parole, and the current status of aliens paroled during the preceding fiscal year. . (2) Effective date The amendment made by paragraph (1) shall take effect on the first day of the first month beginning more than 60 days after the date of the enactment of this Act. 3. Ending abuse of asylum system (a) Standards To deter fraud and advance meritorious asylum claims Section 235(b)(1)(B) of the Immigration and Nationality Act ( 8 U.S.C. 1225(b)(1)(B) (1) by amending clause (v) to read as follows: (v) Credible fear of persecution (I) In general For purposes of this subparagraph, the term credible fear of persecution (aa) taking into account such facts as are known to the officer; and (bb) only if the officer has determined, under subsection (b)(1)(B)(iii) of such section, that it is more likely than not that the statements made by the alien or on behalf of the alien are true. (II) Bars to asylum An alien shall not be determined to have a credible fear of persecution if the alien is prohibited from applying for or receiving asylum, including an alien subject to a limitation or condition under subsection (a)(2) or (b)(2) (including a regulation promulgated under such subsection) of section 208. ; and (2) by adding at the end the following: (vi) Eligibility for relief (I) Credible fear review by immigration judge An alien determined to have a credible fear of persecution shall be referred to an immigration judge for review of such determination, which shall be limited to a determination whether the alien— (aa) is eligible for asylum under section 208, withholding of removal under section 241(b)(3), or protection under the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, done at New York, December 10, 1984 (referred to in this clause as the Convention Against Torture) (bb) merits a grant of asylum in the exercise of discretion. (II) Aliens with reasonable fear of persecution (aa) In general Except as provided in item (bb), if an alien referred under subparagraph (A)(ii) is determined to have a reasonable fear of persecution or torture, the alien shall be eligible only for consideration of an application for withholding of removal under section 241(b)(3) or protection under the Convention Against Torture. (bb) Exception An alien shall not be eligible for consideration of an application for relief under item (aa) if the failure of the alien to establish a credible fear of persecution precludes the alien from eligibility for such relief. (cc) Limitation An alien whose application for relief is adjudicated under item (aa) shall not be eligible for any other form of relief or protection from removal. (vii) Ineligibility for removal proceedings An alien referred under subparagraph (A)(ii) shall not be eligible for a hearing under section 240. . (b) Applications for asylum Section 208 of the Immigration and Nationality Act ( 8 U.S.C. 1158 (1) in subsection (a)— (A) by striking paragraph (1) and inserting the following: (1) In general Only an alien who has entered the United States through a designated port of entry may apply for asylum under this section or section 235(b), as applicable. ; and (B) in paragraph (2)— (i) in subparagraph (A), by striking , pursuant to a bilateral or multilateral agreement, (ii) in subparagraph (E), by striking Subparagraphs (A) and (B) Subparagraph (A) (2) in subsection (b)(3), by striking subparagraph (C). (c) Authority for certain aliens To apply for asylum Section 208(a)(2) of the Immigration and Nationality Act ( 8 U.S.C. 1158(a)(2) (F) Ineligibility for asylum (i) In general Notwithstanding any other provision of law, including paragraph (1), except as provided in clause (ii), an alien is ineligible for asylum if the alien— (I) has been convicted of a felony; (II) is inadmissible under section 212(a) (except paragraphs (4), (5), and (7)); (III) has been previously removed from the United States; or (IV) is a national or habitual resident of— (aa) a country in Central America that has a refugee application and processing center; or (bb) a country contiguous to such a country (other than Mexico). (ii) Exception Notwithstanding clause (i), paragraph (1) shall not apply to any alien who is present in the United States on the date of the enactment of this subparagraph. . 4. Establishment of refugee application and processing centers (a) Definition Section 101(a) of the Immigration and Nationality Act ( 8 U.S.C. 1101(a) (53) The term refugee application and processing center (A) means a facility designated under section 207(g) by the Secretary of State to accept and process applications for refugee admissions to the United States; and (B) may include a United States embassy, consulate, or other diplomatic facility. . (b) Designation Section 207 of the Immigration and Nationality Act ( 8 U.S.C. 1157 (g) Refugee application and processing centers (1) Designation Not later than 240 days after the date of the enactment of this subsection, the Secretary of State, in consultation with the Secretary of Homeland Security, shall designate refugee application and processing centers outside the United States. (2) Locations The Secretary of State shall establish— (A) not fewer than 1 refugee application and processing center in Mexico; and (B) not fewer than 3 refugee application and processing centers in Central America at locations selected by the Secretary of State, in consultation with the Secretary of Homeland Security. (3) Duties of Secretary of State The Secretary of State, in coordination with the Secretary of Homeland Security, shall ensure that any alien who is a national or habitual resident of a country in which a refugee application and processing center is located, or a country contiguous to such a country, may apply for refugee status at a refugee application and processing center. (4) Adjudication by refugee officers An application for refugee status submitted to a refugee application and processing center shall be adjudicated by a refugee officer. (5) Priority The Secretary of State shall ensure that refugee application and processing centers accord priority to applications submitted— (A) by aliens who have been referred by an authorized nongovernmental organization, as determined by the Secretary of State; (B) not later than 90 days after the date on which such referral is made; and (C) in accordance with the requirements and procedures established by the Secretary of State under this subsection. (6) Application fees (A) In general The Secretary of State and the Secretary of Homeland Security shall charge, collect, and account for fees prescribed by each such Secretary pursuant to subsections (m) and (n) of section 286 and section 9701 of title 31, United States Code, for the purpose of receiving, docketing, processing, and adjudicating an application under this subsection. (B) Basis for fees The fees prescribed under subparagraph (A) shall be based on a consideration of the amount necessary to deter frivolous applications and the cost for processing the application, including the implementation of program integrity and anti-fraud measures. . (c) Sunset The amendments made by this section shall cease to be effective beginning on the date that is three years and 240 days after the date of the enactment of this Act. 5. Regulations Notwithstanding section 553(b) of title 5, United States Code, not later than 210 days after the date of the enactment of this Act, the Secretary of Homeland Security and the Attorney General shall, jointly or separately, publish in the Federal Register interim final rules to implement the amendments made by section 3(c) and section 4. 6. Hiring authority (a) Immigration judges The Attorney General shall increase— (1) the number of immigration judges by not fewer than an additional 500 judges, as compared to the number of immigration judges as of the date of the enactment of this Act; and (2) the corresponding number of support staff, as necessary. (b) Immigration and Customs Enforcement attorneys The Director of U.S. Immigration and Customs Enforcement shall increase the number of attorneys and staff employed by U.S. Immigration and Customs Enforcement by the number that is consistent with the workload staffing model to support the increase in immigration judges. (c) Authorization of appropriations There are authorized to be appropriated such sums as may be necessary for— (1) the hiring of immigration judges, support staff, and U.S. Immigration and Customs Enforcement attorneys under this section; and (2) the lease, purchase, or construction of facilities or equipment (including video teleconferencing equipment and equipment for electronic filing of immigration cases), and the transfer of federally owned temporary housing units to serve as facilities, for— (A) the increased number of immigration judges, attorneys, and support staff under this section; and (B) conducting immigration court proceedings in close proximity to the locations at which aliens are apprehended and detained. | Secure and Protect Act of 2021 |
Reopen and Rebuild America's Schools Act of 2021 This bill provides support for long-term improvements to public elementary and secondary school facilities. First, the bill sets forth allocations to states and establishes a need-based grant program for local educational agencies (LEAs) to improve school facilities. Further, the bill specifies allowable uses of grant funds, including carrying out major repairs, improving indoor air quality, and making facilities accessible to disabled individuals. Additionally, the bill requires LEAs that receive funds for new construction, modernization, or renovation projects to comply with hazard-resistance building codes and performance criteria under the WaterSense program of the Environmental Protection Agency. Further, the bill requires LEAs to adopt certain green practices (environmental standards) and requires the use of iron, steel, and manufactured products that are made in the United States (Buy America). The bill restores school infrastructure tax credit bonds. The bill also sets forth reporting requirements, including annual reports on grant program projects and a report by the Government Accountability Office that requires a study of the geographic distribution of projects, the impact of projects on student and staff health and safety, and the accessibility of projects to high-poverty schools. Next, the bill extends through FY2026 the Impact Aid Construction program. Finally, the bill establishes a grant program to assist LEAs with repairing or replacing concrete foundations affected by pyrrhotite (an iron sulfide material linked to crumbling foundations). | 115 S96 IS: Reopen and Rebuild America’s Schools Act of 2021 U.S. Senate 2021-01-28 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 117th CONGRESS 1st Session S. 96 IN THE SENATE OF THE UNITED STATES January 28, 2021 Mr. Reed Mr. Brown Mr. Merkley Ms. Cortez Masto Mr. Cardin Ms. Smith Mr. Booker Mr. Van Hollen Mr. Murphy Ms. Hirono Ms. Rosen Mrs. Gillibrand Mr. Whitehouse Mrs. Shaheen Ms. Klobuchar Mr. Luján Mr. Casey Mr. Durbin Ms. Warren Mr. Blumenthal Ms. Hassan Ms. Duckworth Mr. Heinrich Mr. Leahy Mr. Coons Ms. Stabenow Committee on Finance A BILL To provide for the long-term improvement of public school facilities, and for other purposes. 1. Short title; table of contents (a) Short title This Act may be cited as the Reopen and Rebuild America’s Schools Act of 2021 (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—Grants for the long-term improvement of public school facilities Sec. 101. Purpose and reservation. Sec. 102. Allocation to States. Sec. 103. Need-based grants to qualified local educational agencies. Sec. 104. Annual report on grant program. Sec. 105. Authorization of appropriations. TITLE II—School infrastructure bonds Sec. 201. Restoration of certain qualified tax credit bonds. Sec. 202. School infrastructure bonds. Sec. 203. Annual report on bond program. TITLE III—Uses of funds Sec. 301. Allowable uses of funds. Sec. 302. Prohibited uses. Sec. 303. Requirements for hazard-resistance and energy and water conservation. Sec. 304. Green Practices. Sec. 305. Use of American iron, steel, and manufactured products. TITLE IV—Reports and other matters Sec. 401. Comptroller General report. Sec. 402. Study and report on physical condition of public schools. Sec. 403. Development of data standards. Sec. 404. Information clearinghouse. TITLE V—Impact aid construction Sec. 501. Temporary increase in funding for impact aid construction. TITLE VI—Assistance for repair of school foundations affected by pyrrhotite Sec. 601. Allocations to States. Sec. 602. Grants to local educational agencies. Sec. 603. Definitions. Sec. 604. Authorization of appropriations. 2. Definitions In this Act: (1) Appropriate congressional committees The term appropriate congressional committees (2) Bureau-funded school The term Bureau-funded school 25 U.S.C. 2021 (3) Covered funds The term covered funds (A) under title I of this Act; (B) from a school infrastructure bond; or (C) from a qualified zone academy bond (as such term is defined in section 54E (4) ESEA Terms The terms elementary school outlying area secondary school 20 U.S.C. 7801 (5) Local educational agency The term local educational agency 20 U.S.C. 7801 (6) Public school facilities The term public school facilities (7) Qualified local educational agency The term qualified local educational agency 20 U.S.C. 6311 (8) School infrastructure bond The term school infrastructure bond section 54BB (9) Secretary The term Secretary (10) State The term State (11) Zero energy school The term zero energy school (A) generates renewable energy on-site; and (B) on an annual basis, exports an amount of such renewable energy that equals or exceeds the total amount of renewable energy that is delivered to the school from outside sources. I Grants for the long-term improvement of public school facilities 101. Purpose and reservation (a) Purpose Funds made available under this title shall be for the purpose of supporting long-term improvements to public school facilities in accordance with this Act. (b) Reservation for outlying areas and bureau-Funded schools (1) In general For each of fiscal years 2022 through 2026, the Secretary shall reserve, from the amount appropriated to carry out this title— (A) one-half of 1 percent, to make allocations to the outlying areas in accordance with paragraph (3); and (B) one-half of 1 percent, for payments to the Secretary of the Interior to provide assistance to Bureau-funded schools. (2) Use of reserved funds (A) In general Funds reserved under paragraph (1) shall be used in accordance with title III. (B) Special rules for Bureau-funded schools (i) Applicability The provisions of title III shall apply to a Bureau-funded school that receives assistance under paragraph (1)(B) in the same manner that such provisions apply to a qualified local educational agency that receives covered funds. The facilities of a Bureau-funded school shall be treated as public school facilities for purposes of the application of such provisions. (ii) Treatment of tribally operated schools The Secretary of the Interior shall provide assistance to Bureau-funded schools under paragraph (1)(B) without regard to whether such schools are operated by the Bureau of Indian Education or by an Indian Tribe. In the case of a Bureau-funded school that is a contract or grant school (as that term is defined in section 1141 of the Education Amendments of 1978 ( 25 U.S.C. 2021 (3) Allocation to outlying areas From the amount reserved under paragraph (1)(A) for a fiscal year, the Secretary shall allocate to each outlying area an amount in proportion to the amount received by the outlying area under part A of title I of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6311 102. Allocation to States (a) Allocation to states (1) State-by-state allocation (A) Fiscal year 2022 Of the amount appropriated to carry out this title for fiscal year 2022 and not reserved under section 101(b), not later than 30 days after such funds are appropriated, each State that provides an assurance to the Secretary that the State will comply with the requirements of subsection (c) shall be allocated an amount in proportion to the amount received by all local educational agencies in the State under part A of title I of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6311 (B) Other fiscal years Of the amount appropriated to carry out this title for each fiscal year other than fiscal year 2022 and not reserved under section 101(b), each State that has a plan approved by the Secretary under subsection (b) shall be allocated an amount in proportion to the amount received by all local educational agencies in the State under part A of title I of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6311 (2) State reservation A State may reserve not more than 1 percent of its allocation under paragraph (1) to carry out its responsibilities under this Act, which— (A) shall include— (i) providing technical assistance to local educational agencies, including by— (I) identifying which State agencies have programs, resources, and expertise relevant to the activities supported by the allocation under this section; and (II) coordinating the provision of technical assistance across such agencies; (ii) in accordance with the guidance issued by the Secretary under section 403, developing an online, publicly searchable database that contains an inventory of the infrastructure of all public school facilities in the State (including the facilities of Bureau-funded schools, as appropriate), including, with respect to each such facility, an identification of— (I) the information described in subclauses (I) through (VII) of clause (vi); (II) the age (including an identification of the date of any retrofits or recent renovations) of— (aa) the facility; (bb) its roof; (cc) its lighting system; (dd) its windows; (ee) its ceilings; (ff) its plumbing; and (gg) its heating, ventilation, and air conditioning system; (III) fire safety inspection results; (IV) the proximity of the facilities to toxic sites or the vulnerability of the facilities to natural disasters, including the extent to which facilities that are vulnerable to seismic natural disasters are seismically retrofitted; (V) any previous inspections showing the presence of toxic substances; and (VI) any improvements that are needed to support indoor and outdoor social distancing, personal hygiene, and building hygiene (including with respect to heating, ventilation, and air conditioning usage) in school facilities, consistent with guidance issued by the Centers for Disease Control and Prevention; (iii) updating the database developed under clause (ii) not less frequently than once every 2 years; (iv) ensuring that the information in the database developed under clause (ii)— (I) is posted on a publicly accessible State website; and (II) is regularly distributed to local educational agencies and Tribal governments in the State; (v) issuing and reviewing regulations to ensure the health and safety of students and staff during construction or renovation projects; (vi) issuing or reviewing regulations to ensure safe, healthy, and high-performing school buildings, including regulations governing— (I) indoor environmental quality and ventilation, including exposure to carbon monoxide, carbon dioxide, lead-based paint, and other combustion by-products such as oxides of nitrogen; (II) mold, mildew, and moisture control; (III) the safety of drinking water at the tap and water used for meal preparation, including regulations that— (aa) address the presence of lead and other contaminants in such water; and (bb) require the regular testing of the potability of water at the tap; (IV) energy and water efficiency; (V) excessive classroom noise due to activities allowable under section 301; (VI) the levels of maintenance work, operational spending, and capital investment needed to maintain the quality of public school facilities; and (VII) the construction or renovation of such facilities, including applicable building codes; and (vii) creating a plan to reduce or eliminate exposure to toxic substances, including mercury, radon, PCBs, lead, vapor intrusions, and asbestos; and (B) may include the development of a plan to increase the number of zero energy schools in the State. (b) State plan (1) In general Except as provided in paragraph (2), to be eligible to receive an allocation under this section, a State shall submit to the Secretary a plan that— (A) describes how the State will use the allocation to make long-term improvements to public school facilities; (B) explains how the State will carry out each of its responsibilities under subsection (a)(2); (C) explains how the State will make the determinations under subsections (b) through (d) of section 103; (D) identifies how long, and at what levels, the State will maintain fiscal effort for the activities supported by the allocation after the State no longer receives the allocation; and (E) includes such other information as the Secretary may require. (2) Expedited process for fiscal year 2022 (A) Assurance to Secretary To be eligible to receive an allocation for fiscal year 2022 under section 101(a)(1)(A), a State shall provide to the Secretary an assurance that the State will comply with the requirements of section 103(c). (B) Submittal of State plan A State shall not be required to submit a State plan under paragraph (1) before receiving an allocation for fiscal year 2022 under subsection (a)(1)(A). A State that receives an allocation under such section for such fiscal year shall submit to the Secretary the State plan described in paragraph (1) not later than 90 days after the date on which such allocation is received. (3) Approval and disapproval The Secretary shall have the authority to approve or disapprove a State plan submitted under paragraph (1). (c) Conditions As a condition of receiving an allocation under this section, a State shall agree to the following: (1) Matching requirement (A) In general The State shall contribute, from non-Federal sources, an amount equal to 10 percent of the amount of the allocation received under this section to carry out the activities supported by the allocation. (B) Deadline The State shall provide any contribution required under subparagraph (A) not later than September 30, 2030. (C) Certain fiscal years With respect to a fiscal year for which more than $7,000,000,000 are appropriated to carry out this title, subparagraph (A) shall be applied as if , from non-Federal sources, (D) Commitment to proportional State investment in school facilities (i) In general The State shall provide an assurance to the Secretary that for each fiscal year that the State receives an allocation under this section, the State’s share of school facilities capital outlay will be not less than 90 percent of the average of the State’s share of school facilities capital outlay for the 5 years preceding the fiscal year for which the allocation is received. (ii) State’s share of school facilities capital outlay In this subparagraph, the term State’s share of school facilities capital outlay (I) the total State expenditures on school facilities capital outlay projects; divided by (II) the total school facilities capital expenditures in the State on school facilities capital outlay projects. (iii) Total State expenditures In this subparagraph, the term total State expenditures (I) any direct expenditures by the State for the purpose of school facilities capital outlay projects; and (II) funds provided by the State to local educational agencies for the purpose of school facilities capital outlay projects. (iv) Total school facilities capital expenditures in the State In this subparagraph, the term total school facilities capital expenditures in the State (I) the total State expenditures calculated under clause (iii); plus (II) all additional expenditures (from funds other than an allocation under this section) on school facilities capital outlay projects by local educational agencies in the State that were not included in the calculation of total State expenditures under clause (iii). (2) Supplement not supplant The State shall use an allocation under this section only to supplement the level of Federal, State, and local public funds that would, in absence of such allocation, be made available for the activities supported by the allocation, and not to supplant such funds. 103. Need-based grants to qualified local educational agencies (a) Grants to local educational agencies (1) In general Subject to paragraph (2), from the amounts allocated to a State under section 102(a) and contributed by the State under section 102(c)(1), the State shall award grants to qualified local educational agencies, on a competitive basis, to carry out the activities described in section 301(a). (2) Allowance for digital learning A State may use up to 10 percent of the amount described in paragraph (1) to make grants to qualified local educational agencies carry out activities to improve digital learning in accordance with section 301(b). (b) Eligibility (1) In general To be eligible to receive a grant under this section a qualified local educational agency— (A) shall be among the local educational agencies in the State with the highest numbers or percentages of students counted under section 1124(c) of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6333(c) (B) shall agree to prioritize the improvement of the facilities of public schools that serve the highest percentages of students who are eligible for a free or reduced price lunch under the Richard B. Russell National School Lunch Act ( 42 U.S.C. 1751 (C) shall be among the local educational agencies in the State with the most limited capacity to raise funds for the long-term improvement of public school facilities, as determined by an assessment of— (i) the current and historic ability of the agency to raise funds for construction, renovation, modernization, and major repair projects for schools; (ii) whether the agency has been able to issue bonds or receive other funds to support school construction projects; and (iii) the bond rating of the agency. (2) Equitable distribution (A) Numbers and percentages of certain students In making the determination under paragraph (1)(A), the State shall ensure that grants under this section are equitably distributed among— (i) qualified local educational agencies in the State with the highest numbers of students counted under section 1124(c) of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6333(c) (ii) qualified local educational agencies in the State with the highest percentages of students counted under such section. (B) Geographic diversity The State shall ensure that grants under this section are awarded to qualified local educational agencies that represent the geographic diversity of the State. (3) Statewide thresholds The State shall establish reasonable thresholds for determining whether a local educational agency is among agencies in the State with the highest numbers or percentages of students counted under section 1124(c) of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6333(c) (c) Priority of grants for fiscal year 2022 In awarding grants under this section for fiscal year 2022— (1) the State shall first award grants to qualified local educational agencies that meet the requirements of subsection (d)(1) that will use the grant to improve the facilities of schools described in subsection (d)(1)(B) to support indoor and outdoor social distancing, personal hygiene, and building hygiene (including with respect to heating, ventilation, and air conditioning usage) in school facilities, consistent with guidance issued by the Centers for Disease Control and Prevention; and (2) from any funds remaining after making grants to qualified local educational agencies that meet the requirements of paragraph (1), the State may award grants to other qualified local educational agencies in accordance with the priorities established under subsection (d). (d) Priority of grants for other fiscal years Except as provided in subsection (c), in awarding grants under this section, the State shall give priority to qualified local educational agencies that— (1) (A) demonstrate the greatest need for such a grant, as determined by a comparison of the factors described in subsection (b)(1) and other indicators of need in the public school facilities of such local educational agencies, including— (i) the median age of facilities; (ii) the extent to which student enrollment exceeds physical and instructional capacity; (iii) the condition of major building systems such as heating, ventilation, air conditioning, electrical, water, and sewer systems; (iv) the condition of roofs, windows, and doors; and (v) other critical health and safety conditions; (B) will use the grant to improve the facilities of— (i) elementary schools or middle schools that have an enrollment of students who are eligible for a free or reduced price lunch under the Richard B. Russell National School Lunch Act ( 42 U.S.C. 1751 (ii) high schools that have an enrollment of students who are eligible for a free or reduced price lunch under such Act that constitutes not less than 30 percent of the total student enrollment at such schools (which may be calculated using comparable data from the schools that feed into the high school); and (C) operate public school facilities that pose a severe health and safety threat to students and staff, which may include consideration of threats posed by the proximity of the facilities to toxic sites or brownfield sites or the vulnerability of the facilities to natural disasters; or (2) (A) will use the grant to improve access to high-speed broadband sufficient to support digital learning in accordance with section 301(b); (B) serve elementary schools or secondary schools, including rural schools, that lack such access; and (C) meet one or more of the requirements set forth in subparagraphs (A) through (C) of paragraph (1). (e) Application To be considered for a grant under this section, a qualified local educational agency shall submit an application to the State at such time, in such manner, and containing such information as the State may require. Such application shall include, at minimum— (1) the information necessary for the State to make the determinations under subsections (b) through (d); (2) a description of the projects that the agency plans to carry out with the grant; (3) an explanation of how such projects will reduce risks to the health and safety of staff and students at schools served by the agency; and (4) in the case of a local educational agency that proposes to fund a repair, renovation, or construction project for a public charter school, the extent to which— (A) the public charter school lacks access to funding for school repair, renovation, and construction through the financing methods available to other public schools or local educational agencies in the State; and (B) the charter school operator owns or has care and control of the facility that is to be repaired, renovated, or constructed. (f) Facilities master plan (1) Plan required Not later than 180 days after receiving a grant under this section, a qualified local educational agency shall submit to the State a comprehensive 10-year facilities master plan. (2) Elements The facilities master plan required under paragraph (1) shall include, with respect to all public school facilities of the qualified local educational agency, a description of— (A) the extent to which public school facilities meet students’ educational needs and support the agency’s educational mission and vision; (B) the physical condition of the public school facilities; (C) the current health, safety, and environmental conditions of the public school facilities, including— (i) indoor air quality; (ii) the presence of toxic substances; (iii) the safety of drinking water at the tap and water used for meal preparation, including the level of lead and other contaminants in such water; (iv) energy and water efficiency; (v) excessive classroom noise; and (vi) other health, safety, and environmental conditions that would impact the health, safety, and learning ability of students; (D) how the local educational agency will address any conditions identified under subparagraph (C); (E) the impact of current and future student enrollment levels (as of the date of application) on the design of current and future public school facilities, as well as the financial implications of such enrollment levels; (F) the dollar amount and percentage of funds the local educational agency will dedicate to capital construction projects for public school facilities, including— (i) any funds in the budget of the agency that will be dedicated to such projects; and (ii) any funds not in the budget of the agency that will be dedicated to such projects, including any funds available to the agency as the result of a bond issue; and (G) the dollar amount and percentage of funds the local educational agency will dedicate to the maintenance and operation of public school facilities, including— (i) any funds in the budget of the agency that will be dedicated to the maintenance and operation of such facilities; and (ii) any funds not in the budget of the agency that will be dedicated to the maintenance and operation of such facilities. (3) Consultation In developing the facilities master plan required under paragraph (1)— (A) a qualified local educational agency shall consult with teachers, principals and other school leaders, custodial and maintenance staff, emergency first responders, school facilities directors, students and families, community residents, and Indian Tribes; and (B) in addition to the consultation required under subparagraph (A), a Bureau-funded school shall consult with the Bureau of Indian Education. (g) Supplement not supplant A qualified local educational agency shall use a grant received under this section only to supplement the level of Federal, State, and local public funds that would, in the absence of such grant, be made available for the activities supported by the grant, and not to supplant such funds. 104. Annual report on grant program (a) In general Not later than September 30 of each fiscal year beginning after the date of the enactment of this Act, the Secretary shall submit to the appropriate congressional committees a report on the projects carried out with funds made available under this title. (b) Elements The report under subsection (a) shall include, with respect to the fiscal year preceding the year in which the report is submitted, the following: (1) An identification of each local educational agency that received a grant under this title. (2) With respect to each such agency, a description of— (A) the demographic composition of the student population served by the agency, disaggregated by— (i) race; (ii) the number and percentage of students counted under section 1124(c) of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6333(c) (iii) the number and percentage of students who are eligible for a free or reduced price lunch under the Richard B. Russell National School Lunch Act ( 42 U.S.C. 1751 (B) the population density of the geographic area served by the agency; (C) the projects for which the agency used the grant received under this title, described using measurements of school facility quality from the most recent available version of the Common Education Data Standards published by the National Center for Education Statistics; (D) the demonstrable or expected benefits of the projects; and (E) the estimated number of jobs created by the projects. (3) The total dollar amount of all grants received by local educational agencies under this title. (c) LEA information collection A local educational agency that receives a grant under this title shall— (1) annually compile the information described in subsection (b)(2); (2) make the information available to the public, including by posting the information on a publicly accessible agency website; and (3) submit the information to the State. (d) State information distribution A State that receives information from a local educational agency under subsection (c) shall— (1) compile the information and report it annually to the Secretary at such time and in such manner as the Secretary may require; (2) make the information available to the public, including by posting the information on a publicly accessible State website; and (3) regularly distribute the information to local educational agencies and Tribal governments in the State. 105. Authorization of appropriations There are authorized to be appropriated $20,000,000,000 for each of fiscal years 2022 through 2026 to carry out this title. Amounts so appropriated are authorized to remain available through fiscal year 2031. II School infrastructure bonds 201. Restoration of certain qualified tax credit bonds (a) Allowance of credit (1) In general Section 54A Public Law 115–97 (2) Credit limited to certain bonds (A) In general Section 54A(d)(1) of such Code, as revived by paragraph (1), is amended by striking means— which is part means a qualified zone academy bond which is part (B) Conforming amendment Section 54A(c)(2)(C) of such Code, as revived by paragraph (1), is amended by striking means— a purpose specified in section 54E(a)(1) (3) Conforming amendments (A) The Internal Revenue Code of 1986 is amended by inserting before section 54A (as revived by paragraph (1)) the following: I Qualified tax credit bonds Sec. 54A. Credit to holder of qualified tax credit bonds. . (B) Section 6401(b)(1) of such Code is amended by striking and G G, and I (C) The table of subparts for part IV of subchapter A of chapter 1 of such Code is amended by adding at the end the following: SUBPART I—Qualified tax credit bonds . (b) Credit allowed to issuer (1) In general Section 6431 Public Law 115–97 (2) Conforming amendment Section 6211(b)(4) of such Code is amended by striking and 6428A 6428A, and 6431 (c) Qualified zone academy bonds (1) In general Section 54E Public Law 115–97 (2) Extension of limitation Section 54(E)(c)(1) of such Code is amended— (A) by striking and $400,000,000 $400,000,000 (B) by striking and, except as provided , and $1,400,000,000 for 2022 and each calendar year thereafter. (3) Removal of private business contribution requirement Section 54E (A) in subsection (a)(3), by inserting and (B) by striking subsection (b), and (C) by redesignating subsections (c) and (d) as subsections (b) and (c), respectively. (4) Construction of a public school facility Section 54E(c)(3)(A) rehabilitating or repairing constructing, rehabilitating, retrofitting, or repairing (d) Conforming amendment related to application of certain labor standards (1) In general Subchapter IV of chapter 31 of the title 40, United States Code, shall apply to projects financed with the proceeds of any qualified zone academy bond (as defined in section 54E (2) Conforming amendment Section 1601 of the American Recovery and Reinvestment Tax Act of 2009 is amended by striking paragraph (3) and redesignating paragraphs (4) and (5) as paragraphs (3) and (4), respectively. (e) Effective date The amendments made by this section shall apply to obligations issued after December 31, 2022. 202. School infrastructure bonds (a) In general The Internal Revenue Code of 1986 is amended by inserting after subpart I (as revived by section 201) of part IV of subchapter A of chapter 1 the following new subpart: J School infrastructure bonds Sec. 54BB. School infrastructure bonds. 54BB. School infrastructure bonds (a) In general If a taxpayer holds a school infrastructure bond on one or more interest payment dates of the bond during any taxable year, there shall be allowed as a credit against the tax imposed by this chapter for the taxable year an amount equal to the sum of the credits determined under subsection (b) with respect to such dates. (b) Amount of credit The amount of the credit determined under this subsection with respect to any interest payment date for a school infrastructure bond is 100 percent of the amount of interest payable by the issuer with respect to such date. (c) Limitation Based on Amount of Tax (1) In general The credit allowed under subsection (a) for any taxable year shall not exceed the excess of— (A) the sum of the regular tax liability of the taxpayer (as defined in section 26(b)) plus the tax imposed by section 55, over (B) the sum of the credits allowable under this part (other than subpart C and this subpart). (2) Carryover of unused credit If the credit allowable under subsection (a) exceeds the limitation imposed by paragraph (1) for such taxable year, such excess shall be carried to the succeeding taxable year and added to the credit allowable under subsection (a) for such taxable year (determined before the application of paragraph (1) for such succeeding taxable year). (d) School infrastructure bond (1) In general For purposes of this section, the term school infrastructure bond (A) 100 percent of the available project proceeds of such issue are to be used for the purposes described in section 301 of the Reopen and Rebuild America’s Schools Act of 2021 (B) the interest on such obligation would (but for this section) be excludable from gross income under section 103, (C) the issue meets the requirements of paragraph (3), and (D) the issuer designates such bond for purposes of this section. (2) Applicable rules For purposes of applying paragraph (1)— (A) for purposes of section 149(b), a school infrastructure bond shall not be treated as federally guaranteed by reason of the credit allowed under section 6431(a), (B) for purposes of section 148, the yield on a school infrastructure bond shall be determined without regard to the credit allowed under subsection (a), and (C) a bond shall not be treated as a school infrastructure bond if the issue price has more than a de minimis amount (determined under rules similar to the rules of section 1273(a)(3)) of premium over the stated principal amount of the bond. (3) 6-year expenditure period (A) In general An issue shall be treated as meeting the requirements of this paragraph if, as of the date of issuance, the issuer reasonably expects 100 percent of the available project proceeds to be spent for purposes described in section 301 of the Reopen and Rebuild America’s Schools Act of 2021 (B) Failure to spend required amount of bond proceeds within 6 years To the extent that less than 100 percent of the available project proceeds of the issue are expended at the close of the period described in subparagraph (A) with respect to such issue, the issuer shall redeem all of the nonqualified bonds within 90 days after the end of such period. For purposes of this paragraph, the amount of the nonqualified bonds required to be redeemed shall be determined in the same manner as under section 142. (e) Limitation on amount of bonds designated The maximum aggregate face amount of bonds issued during any calendar year which may be designated under subsection (d)(1)(D) by any issuer shall not exceed the limitation amount allocated under subsection (g) for such calendar year to such issuer. (f) National limitation on amount of bonds designated The national qualified school infrastructure bond limitation for each calendar year is— (1) $10,000,000,000 for 2022, (2) $10,000,000,000 for 2023, and (3) $10,000,000,000 for 2024. (g) Allocation of limitation (1) Allocations (A) States After application of subparagraph (B) and paragraph (3)(A), the limitation applicable under subsection (f) for a calendar year shall be allocated by the Secretary among the States in proportion to the respective amounts received by all local educational agencies in each State under part A of title I of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6311 (B) Certain possessions One-half of 1 percent of the amount of the limitation applicable under subsection (f) for a calendar year shall be allocated by the Secretary to possessions of the United States other than Puerto Rico for such calendar year. (2) Allocations to schools The limitation amount allocated to a State or possession under paragraph (1) shall be allocated by the State educational agency (or such other agency as is authorized under State law to make such allocation) to issuers within such State or possession in accordance with the priorities described in subsections (c) and (d) of section 103 the of the Reopen and Rebuild America’s Schools Act of 2021 (3) Allocations for Indian schools (A) In general One-half of 1 percent of the amount of the limitation applicable under subsection (f) for any calendar year shall be allocated by the Secretary to the Secretary of the Interior for schools funded by the Bureau of Indian Affairs for such calendar year. (B) Allocation to schools The limitation amount allocated to the Secretary of the Interior under paragraph (1) shall be allocated by such Secretary to issuers or schools funded as described in paragraph (2). In the case of amounts allocated under the preceding sentence, Indian tribal governments shall be treated as qualified issuers for purposes of this subchapter. (4) Digital learning Up to 10 percent of the limitation amount allocated under paragraph (1) or (3)(A) may be allocated by the State to issuers within such State (in the case of an amount allocated under paragraph (1)) or by the Secretary of the Interior to issuers or schools funded by the Bureau of Indian Affairs (in the case of an amount allocated under paragraph (3)(A)) to carry out activities to improve digital learning in accordance with section 301(b) of the Reopen and Rebuild America’s Schools Act of 2021 (h) Interest Payment Date For purposes of this section, the term interest payment date (i) Special Rules (1) Interest on school infrastructure bonds includible in gross income for federal income tax purposes For purposes of this title, interest on any school infrastructure bond shall be includible in gross income. (2) Application of certain rules Rules similar to the rules of subsections (f), (g), (h), and (i) of section 54A shall apply for purposes of the credit allowed under subsection (a). . (b) Credit allowed to issuer Section 6431(f)(3)(A) of such Code, as revived by section 201(b)(1), is amended by striking means any qualified tax credit bond means any bond if— (A) such bond is— (i) qualified tax credit bond which is a qualified zone academy bond (as defined in section 54E) determined without regard to any allocation relating to the national zone academy bond limitation for years after 2010 or any carryforward of any such allocation, or (ii) any school infrastructure bond (as defined in section 54BB), and . (c) Application of certain labor standards Subchapter IV of chapter 31 of the title 40, United States Code, shall apply to projects financed with the proceeds of any qualified zone academy bond (as defined in section 54E (d) Conforming amendments (1) Section 6401(b)(1) and I I, and J (2) The table of subparts for part IV of subchapter A of chapter 1 of such Code, as amended by section 201(a), is amended by adding at the end the following: Subpart J—School infrastructure bonds . (e) Effective Date The amendments made by this section shall apply to obligations issued after December 31, 2022. 203. Annual report on bond program (a) In general Not later than September 30 of each fiscal year beginning after the date of the enactment of this Act, the Secretary of the Treasury shall submit to the appropriate congressional committees a report on the amendments made by sections 201 and 202. (b) Elements The report under paragraph (1) shall include, with respect to the fiscal year preceding the year in which the report is submitted, the following: (1) An identification of— (A) each local educational agency (if any) that received an allocation under section 54E(b)(2) or 54BB(g) of the Internal Revenue Code of 1986, and (B) each local educational agency (if any) that was eligible to receive such funds but did not receive such funds. (2) With respect to each local educational agency described in paragraph (1)— (A) an assessment of the capacity of the agency to raise funds for the long-term improvement of public school facilities, as determined by an assessment of— (i) the current and historic ability of the agency to raise funds for construction, renovation, modernization, and major repair projects for schools, including the ability of the agency to raise funds through imposition of property taxes, (ii) whether the agency has been able to issue bonds to fund construction projects, including— (I) qualified zone academy bonds under section 54E (II) school infrastructure bonds under section 54BB (iii) the bond rating of the agency, (B) the demographic composition of the student population served by the agency, disaggregated by— (i) race, (ii) the number and percentage of students counted under section 1124(c) of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6333(c) (iii) the number and percentage of students who are eligible for a free or reduced price lunch under the Richard B. Russell National School Lunch Act ( 42 U.S.C. 1751 (C) the population density of the geographic area served by the agency, (D) a description of the projects carried out with funds received from school infrastructure bonds, (E) a description of the demonstrable or expected benefits of the projects, and (F) the estimated number of jobs created by the projects. (3) The total dollar amount of all funds received by local educational agencies from school infrastructure bonds. (4) Any other factors that the Secretary of the Treasury determines to be appropriate. (c) Information collection A State or local educational agency that receives an allocation under section 54E(b)(2) or 54BB(g) of the Internal Revenue Code of 1986 shall— (1) annually compile the information necessary for the Secretary of the Treasury to determine the elements described in subsection (b), and (2) report the information to the Secretary of the Treasury at such time and in such manner as the Secretary of the Treasury may require. (d) Secretary of the Treasury For purposes of this section, the term Secretary of the Treasury III Uses of funds 301. Allowable uses of funds (a) In general Except as provided in section 302, a local educational agency that receives covered funds may use such funds to— (1) develop the facilities master plan required under section 103(f); (2) construct, modernize, renovate, or retrofit public school facilities, which may include seismic retrofitting for schools vulnerable to seismic natural disasters; (3) carry out major repairs of public school facilities; (4) install furniture or fixtures with at least a 10-year life in public school facilities; (5) construct new public school facilities; (6) acquire and prepare sites on which new public school facilities will be constructed; (7) extend the life of basic systems and components of public school facilities; (8) ensure current or anticipated enrollment does not exceed the physical and instructional capacity of public school facilities; (9) ensure the building envelopes and interiors of public school facilities protect occupants from natural elements and human threats, and are structurally sound and secure; (10) compose building design plans that strengthen the safety and security on school premises by utilizing design elements, principles, and technology that— (A) guarantee layers of security throughout the school premises; and (B) uphold the aesthetics of the school premises as a learning and teaching environment; (11) improve energy and water efficiency to lower the costs of energy and water consumption in public school facilities; (12) improve indoor air quality in public school facilities; (13) reduce or eliminate the presence of— (A) toxic substances, including mercury, radon, PCBs, lead, and asbestos; (B) mold and mildew; or (C) rodents and pests; (14) ensure the safety of drinking water at the tap and water used for meal preparation in public school facilities, which may include testing of the potability of water at the tap for the presence of lead and other contaminants; (15) bring public school facilities into compliance with applicable fire, health, and safety codes; (16) make public school facilities accessible to people with disabilities through compliance with the Americans with Disabilities Act of 1990 ( 42 U.S.C. 12101 29 U.S.C. 794 (17) provide instructional program space improvements for programs relating to early learning (including early learning programs operated by partners of the agency), special education, science, technology, career and technical education, physical education, music, the arts, and literacy (including library programs); (18) increase the use of public school facilities for the purpose of community-based partnerships that provide students with academic, health, and social services; (19) ensure the health of students and staff during the construction or modernization of public school facilities; or (20) reduce or eliminate excessive classroom noise due to activities allowable under this section. (b) Allowance for digital learning A local educational agency may use covered funds to leverage existing public programs or public-private partnerships to expand access to high-speed broadband sufficient for digital learning. 302. Prohibited uses (a) In general A local educational agency that receives covered funds may not use such funds for— (1) payment of routine and predictable maintenance costs and minor repairs; (2) any facility that is primarily used for athletic contests or exhibitions or other events for which admission is charged to the general public; (3) vehicles; or (4) central offices, operation centers, or other facilities that are not primarily used to educate students. (b) Additional prohibitions relating to charter schools No covered funds may be used— (1) for the facilities of a public charter school that is operated by a for-profit entity; or (2) for the facilities of a public charter school if— (A) the school leases the facilities from an individual or private sector entity; and (B) such individual, or an individual with a direct or indirect financial interest in such entity, has a management or governance role in such school. 303. Requirements for hazard-resistance and energy and water conservation A local educational agency that receives covered funds shall ensure that any new construction, modernization, or renovation project carried out with such funds meets or exceeds the requirements of the following: (1) Requirements for such projects set forth in the most recent published edition of a nationally recognized, consensus-based model building code. (2) Requirements for such projects set forth in the most recent published edition of a nationally recognized, consensus-based model energy conservation code. (3) Performance criteria under the WaterSense program, established under section 324B of the of the Energy Policy and Conservation Act ( 42 U.S.C. 6294b (4) Indoor environmental air quality requirements applicable to such projects as set forth in the most recent published edition of a nationally recognized, consensus-based standard. 304. Green practices (a) In general In a given fiscal year, a local educational agency that uses covered funds for a new construction project or renovation project shall use not less than the applicable percentage (as described in subsection (b)) of the funds used for such project for construction or renovation that is certified, verified, or consistent with the applicable provisions of— (1) the United States Green Building Council Leadership in Energy and Environmental Design green building rating standard (commonly known as the LEED Green Building Rating System (2) the Living Building Challenge developed by the International Living Future Institute; (3) a green building rating program developed by the Collaborative for High-Performance Schools (commonly known as CHPS (4) a program that— (A) has standards that are equivalent to or more stringent than the standards of a program described in paragraphs (1) through (3); (B) is adopted by the State or another jurisdiction with authority over the agency; and (C) includes a verifiable method to demonstrate compliance with such program. (b) Applicable percentage The applicable percentage described in this subsection is— (1) for fiscal year 2022, 60 percent; (2) for fiscal year 2023, 70 percent; (3) for fiscal year 2024; 80 percent; (4) for fiscal year 2025, 90 percent; and (5) for each of fiscal years 2026 through 2031, 100 percent. 305. Use of American iron, steel, and manufactured products (a) In general A local educational agency that receives covered funds shall ensure that any iron, steel, and manufactured products used in projects carried out with such funds are produced in the United States. (b) Waiver authority (1) In general The Secretary may waive the requirement of subsection (a) if the Secretary determines that— (A) applying subsection (a) would be inconsistent with the public interest; (B) iron, steel, and manufactured products produced in the United States are not produced in a sufficient and reasonably available amount or are not of a satisfactory quality; or (C) using iron, steel, and manufactured products produced in the United States will increase the cost of the overall project by more than 25 percent. (2) Publication Before issuing a waiver under paragraph (1), the Secretary shall publish in the Federal Register a detailed written explanation of the waiver determination. (c) Consistency with international agreements This section shall be applied in a manner consistent with the obligations of the United States under international agreements. (d) Definitions In this section: (1) Produced in the United States The term produced in the United States (A) When used with respect to a manufactured product, the product was manufactured in the United States and the cost of the components of such product that were mined, produced, or manufactured in the United States exceeds 60 percent of the total cost of all components of the product. (B) When used with respect to iron or steel products, or an individual component of a manufactured product, all manufacturing processes for such iron or steel products or components, from the initial melting stage through the application of coatings, occurred in the United States, except that the term does not include— (i) steel or iron material or products manufactured abroad from semi-finished steel or iron from the United States; and (ii) steel or iron material or products manufactured in the United States from semi-finished steel or iron of foreign origin. (2) Manufactured product The term manufactured product (A) electrical components; and (B) non-ferrous building materials, including, aluminum and polyvinylchloride (PVC), glass, fiber optics, plastic, wood, masonry, rubber, manufactured stone, any other non-ferrous metals, and any unmanufactured construction material. IV Reports and other matters 401. Comptroller General report (a) In general 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 on the projects carried out with covered funds. (b) Elements The report under subsection (a) shall include an assessment of— (1) State activities, including— (A) the types of public school facilities data collected by each State, if any; (B) technical assistance with respect to public school facilities provided by each State, if any; (C) future plans of each State with respect to public school facilities; (D) criteria used by each State to determine high-need students and facilities for purposes of the projects carried out with covered funds; and (E) whether the State issued new regulations to ensure the health and safety of students and staff during construction or renovation projects or to ensure safe, healthy, and high-performing school buildings; (2) the types of projects carried out with covered funds, including— (A) the square footage of the improvements made with covered funds; (B) the total cost of each such project; and (C) the cost described in subparagraph (B), disaggregated by, with respect to such project, the cost of planning, design, construction, site purchase, and improvements; (3) the geographic distribution of the projects; (4) the demographic composition of the student population served by the projects, disaggregated by— (A) race; (B) the number and percentage of students counted under section 1124(c) of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6333(c) (C) the number and percentage of students who are eligible for a free or reduced price lunch under the Richard B. Russell National School Lunch Act ( 42 U.S.C. 1751 (5) an assessment of the impact of the projects on the health and safety of school staff and students; and (6) how the Secretary or States could make covered funds more accessible— (A) to schools with the highest numbers and percentages of students counted under section 1124(c) of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6333(c) (B) to schools with fiscal challenges in raising capital for school infrastructure projects. (c) Updates The Comptroller General shall update and resubmit the report to the appropriate congressional committees— (1) on a date that is between 5 and 6 years after the date of the enactment of this Act; and (2) on a date that is between 10 and 11 years after such date of enactment. 402. Study and report on physical condition of public schools (a) Study and report Not less frequently than once in each 5-year period beginning after the date of the enactment of this Act, the Secretary, acting through the Director of the Institute of Education Sciences, shall— (1) carry out a comprehensive study of the physical conditions of all public schools in each State and outlying area; and (2) submit a report to the appropriate congressional committees that includes the results of the study. (b) Elements Each study and report under subsection (a) shall include— (1) an assessment of— (A) the effect of school facility conditions on student and staff health and safety; (B) the effect of school facility conditions on student academic outcomes; (C) the condition of school facilities, set forth separately by geographic region; (D) the condition of school facilities for economically disadvantaged students as well as students from major racial and ethnic subgroups; (E) the accessibility of school facilities for students and staff with disabilities; (F) the prevalence of school facilities at which student enrollment exceeds the physical and instructional capacity of the facility and the effect of such excess enrollment on instructional quality and delivery of school wraparound services; (G) the condition of school facilities affected by natural disasters; (H) the effect that projects carried out with covered funds have on the communities in which such projects are conducted, including the vitality, jobs, population, and economy of such communities; and (I) the ability of building envelopes and interiors of public school facilities to protect occupants from natural elements and human threats; (2) an explanation of any differences observed with respect to the factors described in subparagraphs (A) through (I) of paragraph (1); and (3) a cost estimate for bringing school facilities to a state of good repair, as determined by the Secretary. 403. Development of data standards (a) Data standards Not later than 120 days after the date of the enactment of this Act, the Secretary, in consultation with the officials described in subsection (b), shall— (1) identify the data that States should collect and include in the databases developed under section 102(a)(2)(A)(ii); (2) develop standards for the measurement of such data; and (3) issue guidance to States concerning the collection and measurement of such data. (b) Officials The officials described in this subsection are— (1) the Administrator of the Environmental Protection Agency; (2) the Secretary of Energy; (3) the Director of the Centers for Disease Control and Prevention; and (4) the Director of the National Institute for Occupational Safety and Health. 404. Information clearinghouse (a) In general Not later than 120 days after the date of the enactment of this Act, the Secretary shall establish a clearinghouse to disseminate information on Federal programs and financing mechanisms that may be used to assist schools in initiating, developing, and financing— (1) energy efficiency projects; (2) distributed generation projects; and (3) energy retrofitting projects. (b) Elements In carrying out subsection (a), the Secretary shall— (1) consult with the officials described in section 403(b) to develop a list of Federal programs and financing mechanisms to be included in the clearinghouse; and (2) coordinate with such officials to develop a collaborative education and outreach effort to streamline communications and promote the Federal programs and financing mechanisms included in the clearinghouse, which may include the development and maintenance of a single online resource that includes contact information for relevant technical assistance that may be used by States, outlying areas, local educational agencies, and Bureau-funded schools effectively access and use such Federal programs and financing mechanisms. V Impact aid construction 501. Temporary increase in funding for impact aid construction Section 7014(d) of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7714(d) (d) Construction For the purpose of carrying out section 7007, there are authorized to be appropriated $100,000,000 for each of fiscal years 2022 through 2026. . VI Assistance for repair of school foundations affected by pyrrhotite 601. Allocations to States (a) In general Beginning not later than 180 days after the date of the enactment of this Act, the Secretary shall carry out a program under which the Secretary makes allocations to States to pay the Federal share of the costs of making grants to local educational agencies under section 602. (b) Website Not later than 180 days after the date of enactment of this Act, the Secretary shall publish, on a publicly accessible website of the Department of Education, instructions describing how a State may receive an allocation under this section. 602. Grants to local educational agencies (a) In general From the amounts allocated to a State under section 601(a) and contributed by the State under subsection (e)(2), the State shall award grants to local educational agencies— (1) to pay the future costs of repairing concrete school foundations damaged by the presence of pyrrhotite; or (2) to reimburse such agencies for costs incurred by the agencies in making such repairs in the five-year period preceding the date of enactment of this Act. (b) Local educational agency eligibility (1) Eligibility for grants for future repairs To be eligible to receive a grant under subsection (a)(1), a local educational agency shall— (A) with respect to each school for which the agency seeks to use grant funds, demonstrate to the State that— (i) the school is a pyrrhotite-affected school; and (ii) any laboratory tests, core tests, and visual inspections of the school’s foundation used to determine that the school is a pyrrhotite-affected school were conducted— (I) by a professional engineer licensed in the State in which the school is located; and (II) in accordance with applicable State standards or standards approved by any independent, nonprofit, or private entity authorized by the State to oversee construction, testing, or financial relief efforts for damaged building foundations; and (B) provide an assurance that— (i) the local educational agency will use the grant only for the allowable uses described in subsection (f)(1); and (ii) all work funded with the grant will be conducted by a qualified contractor or architect licensed in the State. (2) Eligibility for reimbursement grants To be eligible to receive a grant under subsection (a)(2), a local educational agency shall demonstrate that it met the requirements of paragraph (1) at the time it carried out the project for which the agency seeks reimbursement. (c) Application (1) In general A local educational agency that seeks a grant under this section shall submit to the State an application at such time, in such manner, and containing such information as the State may require, which upon approval by the State under subsection (d)(1)(A), the State shall submit to the Secretary for approval under subsection (d)(1)(B). (2) Contents At minimum, each application shall include— (A) information and documentation sufficient to enable the State to determine if the local educational agency meets the eligibility criteria under subsection (b); (B) in the case of an agency seeking a grant under subsection (a)(1), an estimate of the costs of carrying out the activities described in subsection (f); (C) in the case of an agency seeking a grant under subsection (a)(2)— (i) an itemized explanation of— (I) the costs incurred by the agency in carrying out any activities described subsection (f); and (II) any amounts contributed from other Federal, State, local, or private sources for such activities; and (ii) the amount for which the local educational agency seeks reimbursement; and (D) the percentage of any costs described in subparagraph (B) or (C) that are covered by an insurance policy. (d) Approval and disbursement (1) Approval (A) State The State shall approve the application of each local educational agency for submission to the Secretary that— (i) submits a complete and correct application under subsection (c); and (ii) meets the criteria for eligibility under subsection (b). (B) Secretary Not later than 60 days after receiving an application of a local educational agency submitted by a State under subsection (c)(1), the Secretary shall— (i) approve such application, in a case in which the Secretary determines that such application meets the requirements of subparagraph (A); or (ii) deny such application, in the case of an application that does not meet such requirements. (2) Disbursement (A) Allocation The Secretary shall disburse an allocation to a State not later than 60 days after the date on which the Secretary approves an application under paragraph (1)(B). (B) Grant The State shall disburse grant funds to a local educational agency not later than 60 days after the date on which the State receives an allocation under subparagraph (A). (e) Federal and State Share (1) Federal share The Federal share of each grant under this section shall be an amount that is not more than 50 percent of the total cost of the project for which the grant is awarded. (2) State share (A) In general Subject to subparagraph (B), the State share of each grant under this section shall be an amount that is not less than 40 percent of the total cost of the project for which the grant is awarded, which the State shall contribute from non-Federal sources. (B) Special rule for reimbursement grants In the case of a reimbursement grant made to a local educational agency under subsection (a)(2), a State shall be treated as meeting the requirement of subparagraph (A) if the State demonstrates that it contributed, from non-Federal sources, not less than 40 percent of the total cost of the project for which the reimbursement grant is awarded. (f) Uses of funds (1) Allowable uses of funds A local educational agency that receives a grant under this section shall use such grant only for costs associated with— (A) the repair or replacement of the concrete foundation or other affected areas of a pyrrhotite-affected school in the jurisdiction of such agency to the extent necessary— (i) to restore the structural integrity of the school to the safety and health standards established by the professional licensed engineer or architect associated with the project; and (ii) to restore the school to the condition it was in before the school’s foundation was damaged due to the presence of pyrrhotite; and (B) engineering reports, architectural design, core tests, and other activities directly related to the repair or replacement project. (2) Prohibited uses of funds A local educational agency that receives a grant under this section may not use the grant for any costs associated with— (A) work done to outbuildings, sheds, or barns, swimming pools (whether in-ground or above-ground), playgrounds or ballfields, or any ponds or water features; (B) the purchase of items not directly associated with the repair or replacement of the school building or its systems, including items such as desks, chairs, electronics, sports equipment, or other school supplies; or (C) any other activities not described in paragraph (1). (g) Limitation A local educational agency may not, for the same project, receive a grant under both— (1) this section; and (2) title I. 603. Definitions In this title: (1) Pyrrhotite-affected school The term pyrrhotite-affected school (A) The school has a concrete foundation. (B) Pyrrhotite is present in the school’s concrete foundation, as demonstrated by a petrographic or other type of laboratory core analysis or core inspection. (C) A visual inspection of the school’s concrete foundation indicates that the presence of pyrrhotite is causing the foundation to deteriorate at an unsafe rate. (D) A qualified engineer determined that the deterioration of the school’s foundation, due to the presence of pyrrhotite— (i) caused the school to become structurally unsound; or (ii) will result in the school becoming structurally unsound within the next five years. (2) Qualified contractor The term qualified contractor 604. Authorization of appropriations There are authorized to be appropriated to carry out this title such sums as may be necessary for fiscal year 2022 and each fiscal year thereafter. | Reopen and Rebuild America’s Schools Act of 2021 |
Domestic Terrorism and Hate Crimes Prevention Act of 2021 This bill establishes new requirements to expand the availability of information on domestic terrorism, as well as the relationship between domestic terrorism and hate crimes. The bill also facilitates the expedited review of COVID-19 hate crimes and reports of COVID-19 hate crimes. It authorizes domestic terrorism components within the Department of Homeland Security, the Department of Justice (DOJ), and the Federal Bureau of Investigation (FBI) to monitor, analyze, investigate, and prosecute domestic terrorism. The bill creates an interagency task force to analyze and combat white supremacist and neo-Nazi infiltration of the uniformed services and federal law enforcement agencies. It directs the FBI to assign a special agent or hate crimes liaison to each field office to investigate hate crimes incidents with a nexus to domestic terrorism. Finally, the bill requires a designated officer or employee of DOJ to facilitate the expedited review of COVID-19 hate crimes and reports of COVID-19 hate crimes. It defines COVID-19 hate crime as a violent crime that is motivated by two things: (1) the actual or perceived characteristic (e.g., race or ethnicity) of any person, and (2) the actual or perceived relationship to the spread of COVID-19 of any person because of that characteristic. | 117 S963 PCS: Domestic Terrorism and Hate Crimes Prevention Act of 2021 U.S. Senate 2021-03-24 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II Calendar No. 30 117th CONGRESS 1st Session S. 963 IN THE SENATE OF THE UNITED STATES March 24, 2021 Mr. Durbin Ms. Hirono Ms. Duckworth March 25, 2021 Read the second time and placed on the calendar A BILL To authorize dedicated domestic terrorism offices within the Department of Homeland Security, the Department of Justice, and the Federal Bureau of Investigation to analyze and monitor domestic terrorist activity and require the Federal Government to take steps to prevent domestic terrorism, and for other purposes. 1. Short title This Act may be cited as the Domestic Terrorism and Hate Crimes Prevention Act of 2021 2. Definitions In this Act— (1) the term Director (2) the term domestic terrorism (A) a foreign person or organization designated as a foreign terrorist organization under section 219 of the Immigration and Nationality Act ( 8 U.S.C. 1189 (B) an individual or organization designated under Executive Order 13224 ( 50 U.S.C. 1701 (C) a state sponsor of terrorism as determined by the Secretary of State under section 6(j) of the Export Administration Act of 1979 ( 50 U.S.C. 4605 22 U.S.C. 2780 22 U.S.C. 2371 (3) the term Domestic Terrorism Executive Committee (4) the term hate crime incident 42 U.S.C. 3631 (5) the term Secretary (6) the term uniformed services 3. Offices to combat domestic terrorism (a) Authorization of offices To monitor, analyze, investigate, and prosecute domestic terrorism (1) Domestic terrorism unit There is authorized a Domestic Terrorism Unit in the Office of Intelligence and Analysis of the Department of Homeland Security, which shall be responsible for monitoring and analyzing domestic terrorism activity. (2) Domestic terrorism office There is authorized a Domestic Terrorism Office in the Counterterrorism Section of the National Security Division of the Department of Justice— (A) which shall be responsible for investigating and prosecuting incidents of domestic terrorism; and (B) which shall be headed by the Domestic Terrorism Counsel. (3) Domestic terrorism section of the fbi There is authorized a Domestic Terrorism Section within the Counterterrorism Division of the Federal Bureau of Investigation, which shall be responsible for investigating domestic terrorism activity. (4) Staffing The Secretary, the Attorney General, and the Director shall each ensure that each office authorized under this section in their respective agencies shall— (A) have adequate number of employees to perform the required duties; (B) have not less than one employee dedicated to ensuring compliance with civil rights and civil liberties laws and regulations; and (C) require that all employees undergo annual anti-bias training. (5) Sunset The offices authorized under this subsection shall terminate on the date that is 10 years after the date of enactment of this Act. (b) Joint report on domestic terrorism (1) Biannual report required Not later than 180 days after the date of enactment of this Act, and each 6 months thereafter for the 10-year period beginning on the date of enactment of this Act, the Secretary of Homeland Security, the Attorney General, and the Director of the Federal Bureau of Investigation shall submit a joint report authored by the domestic terrorism offices authorized under paragraphs (1), (2), and (3) of subsection (a) to— (A) the Committee on the Judiciary, the Committee on Homeland Security and Governmental Affairs, and the Select Committee on Intelligence of the Senate; and (B) the Committee on the Judiciary, the Committee on Homeland Security, and the Permanent Select Committee on Intelligence of the House of Representatives. (2) Contents Each report submitted under paragraph (1) shall include— (A) an assessment of the domestic terrorism threat posed by White supremacists and neo-Nazis, including White supremacist and neo-Nazi infiltration of Federal, State, and local law enforcement agencies and the uniformed services; and (B) (i) in the first report, an analysis of incidents or attempted incidents of domestic terrorism that have occurred in the United States since April 19, 1995, including any White-supremacist-related incidents or attempted incidents; and (ii) in each subsequent report, an analysis of incidents or attempted incidents of domestic terrorism that occurred in the United States during the preceding 6 months, including any White-supremacist-related incidents or attempted incidents; and (C) a quantitative analysis of domestic terrorism for the preceding 6 months, including— (i) the number of— (I) domestic terrorism related assessments initiated by the Federal Bureau of Investigation, including the number of assessments from each classification and subcategory, with a specific classification or subcategory for those related to White supremacism; (II) domestic terrorism-related preliminary investigations initiated by the Federal Bureau of Investigation, including the number of preliminary investigations from each classification and subcategory, with a specific classification or subcategory for those related to White supremacism, and how many preliminary investigations resulted from assessments; (III) domestic terrorism-related full investigations initiated by the Federal Bureau of Investigation, including the number of full investigations from each classification and subcategory, with a specific classification or subcategory for those related to White supremacism, and how many full investigations resulted from preliminary investigations and assessments; (IV) domestic terrorism-related incidents, including the number of incidents from each classification and subcategory, with a specific classification or subcategory for those related to White supremacism, the number of deaths and injuries resulting from each incident, and a detailed explanation of each incident; (V) Federal domestic terrorism-related arrests, including the number of arrests from each classification and subcategory, with a specific classification or subcategory for those related to White supremacism, and a detailed explanation of each arrest; (VI) Federal domestic terrorism-related indictments, including the number of indictments from each classification and subcategory, with a specific classification or subcategory for those related to White supremacism, and a detailed explanation of each indictment; (VII) Federal domestic terrorism-related prosecutions, including the number of incidents from each classification and subcategory, with a specific classification or subcategory for those related to White supremacism, and a detailed explanation of each prosecution; (VIII) Federal domestic terrorism-related convictions, including the number of convictions from each classification and subcategory, with a specific classification or subcategory for those related to White supremacism, and a detailed explanation of each conviction; and (IX) Federal domestic terrorism-related weapons recoveries, including the number of each type of weapon and the number of weapons from each classification and subcategory, with a specific classification or subcategory for those related to White supremacism; and (ii) an explanation of each individual case that progressed through more than 1 of the stages described under clause (i)— (I) including the specific classification or subcategory for each case; and (II) not including personally identifiable information not otherwise releasable to the public. (3) Hate crimes In compiling a joint report under this subsection, the domestic terrorism offices authorized under paragraphs (1), (2), and (3) of subsection (a) shall, in consultation with the Civil Rights Division of the Department of Justice and the Civil Rights Unit of the Federal Bureau of Investigation, review each hate crime incident reported during the preceding 6 months to determine whether the incident also constitutes a domestic terrorism-related incident. (4) Classification and public release Each report submitted under paragraph (1) shall be— (A) unclassified, to the greatest extent possible, with a classified annex only if necessary; and (B) in the case of the unclassified portion of the report, posted on the public websites of the Department of Homeland Security, the Department of Justice, and the Federal Bureau of Investigation. (5) Nonduplication If two or more provisions of this subsection or any other law impose requirements on an agency to report or analyze information on domestic terrorism that are substantially similar, the agency shall construe such provisions as mutually supplemental, so as to provide for the most extensive reporting or analysis, and shall comply with each such requirement as fully as possible. (c) Domestic terrorism executive committee There is authorized a Domestic Terrorism Executive Committee, which shall— (1) meet on a regular basis, and not less regularly than 4 times each year, to coordinate with United States Attorneys and other key public safety officials across the country to promote information sharing and ensure an effective, responsive, and organized joint effort to combat domestic terrorism; and (2) be co-chaired by— (A) the Domestic Terrorism Counsel authorized under subsection (a)(2)(B); (B) a United States Attorney or Assistant United States Attorney; (C) a member of the National Security Division of the Department of Justice; and (D) a member of the Federal Bureau of Investigation. (d) Focus on greatest threats The domestic terrorism offices authorized under paragraphs (1), (2), and (3) of subsection (a) shall focus their limited resources on the most significant domestic terrorism threats, as determined by the number of domestic terrorism-related incidents from each category and subclassification in the joint report for the preceding 6 months required under subsection (b). 4. Training to combat domestic terrorism (a) Required training and resources The Secretary, the Attorney General, and the Director shall review the anti-terrorism training and resource programs of their respective agencies that are provided to Federal, State, local, and Tribal law enforcement agencies, including the State and Local Anti-Terrorism Program that is funded by the Bureau of Justice Assistance of the Department of Justice, and ensure that such programs include training and resources to assist State, local, and Tribal law enforcement agencies in understanding, detecting, deterring, and investigating acts of domestic terrorism and White supremacist and neo-Nazi infiltration of law enforcement and corrections agencies. The domestic-terrorism training shall focus on the most significant domestic terrorism threats, as determined by the quantitative analysis in the joint report required under section 3(b). (b) Requirement Any individual who provides domestic terrorism training required under this section shall have— (1) expertise in domestic terrorism; and (2) relevant academic, law enforcement, or other community-based experience in matters related to domestic terrorism. (c) Report (1) In general Not later than 6 months after the date of enactment of this Act and twice each year thereafter, the Secretary, the Attorney General, and the Director shall each submit a biannual report to the committees of Congress described in section 3(b)(1) on the domestic terrorism training implemented by their respective agencies under this section, which shall include copies of all training materials used and the names and qualifications of the individuals who provide the training. (2) Classification and public release Each report submitted under paragraph (1) shall be— (A) unclassified, to the greatest extent possible, with a classified annex only if necessary; and (B) in the case of the unclassified portion of each report, posted on the public website of the Department of Homeland Security, the Department of Justice, and the Federal Bureau of Investigation. 5. Interagency task force (a) In general Not later than 180 days after the date of enactment of this Act, the Attorney General, the Director, the Secretary, and the Secretary of Defense shall establish an interagency task force to analyze and combat White supremacist and neo-Nazi infiltration of the uniformed services and Federal law enforcement agencies. (b) Report (1) In general Not later than 1 year after the interagency task force is established under subsection (a), the Attorney General, the Director, the Secretary, and the Secretary of Defense shall submit a joint report on the findings of the task force and the response of the Attorney General, the Director, the Secretary, and the Secretary of Defense to such findings, to— (A) the Committee on the Judiciary of the Senate; (B) the Committee on Homeland Security and Governmental Affairs of the Senate; (C) the Select Committee on Intelligence of the Senate; (D) the Committee on Armed Services of the Senate; (E) the Committee on the Judiciary of the House of Representatives; (F) the Committee on Homeland Security of the House of Representatives; (G) the Permanent Select Committee on Intelligence of the House of Representatives; and (H) the Committee on Armed Services of the House of Representatives. (2) Classification and public release The report submitted under paragraph (1) shall be— (A) submitted in unclassified form, to the greatest extent possible, with a classified annex only if necessary; and (B) in the case of the unclassified portion of the report, posted on the public website of the Department of Defense, the Department of Homeland Security, the Department of Justice, and the Federal Bureau of Investigation. 6. Department of justice support for hate crime incidents with a nexus to domestic terrorism (a) Community relations service The Community Relations Service of the Department of Justice, authorized under section 1001(a) of the Civil Rights Act of 1964 ( 42 U.S.C. 2000g (b) Federal bureau of investigation Section 249 of title 18, United States Code, is amended by adding at the end the following: (e) Federal bureau of investigation The Attorney General, acting through the Director of the Federal Bureau of Investigation, shall assign a special agent or hate crimes liaison to each field office of the Federal Bureau of Investigation to investigate hate crimes incidents with a nexus to domestic terrorism (as such term is defined in section 2 of the Domestic Terrorism and Hate Crimes Prevention Act of 2021 . 7. Review of COVID–19 hate crimes (a) In general Not later than 14 days after the date of enactment of this Act, the Attorney General shall designate an officer or employee of the Department of Justice whose sole responsibility during the applicable period shall be to facilitate the expedited review of COVID–19 hate crimes and reports of any such crime to Federal, State, or local law enforcement agencies. (b) Definitions In this section: (1) Applicable period The term applicable period 42 U.S.C. 1320b–5(g)(1) (2) COVID–19 hate crime The term COVID–19 hate crime (A) the actual or perceived race, ethnicity, age, color, religion, national origin, sexual orientation, gender, gender identity, or disability of any person; and (B) the actual or perceived relationship to the spread of COVID–19 of any person because of the characteristic described in subparagraph (A). (c) Guidance (1) Guidance for law enforcement agencies The Attorney General shall issue guidance for State and local law enforcement agencies on how to— (A) establish online reporting of hate crimes or incidents, and to have online reporting available in multiple languages as determined by the Attorney General; and (B) expand culturally competent and linguistically appropriate public education campaigns, and collection of data and public reporting of hate crimes. (2) Guidance relating to COVID–19 pandemic The Attorney General and the Secretary of Health and Human Services, in coordination with the COVID–19 Health Equity Task Force and community-based organizations, shall issue guidance describing best practices to mitigate racially discriminatory language in describing the COVID–19 pandemic. 8. Authorization of appropriations There are authorized to be appropriated to the Department of Justice, the Federal Bureau of Investigation, the Department of Homeland Security, and the Department of Defense such sums as may be necessary to carry out this Act. March 25, 2021 Read the second time and placed on the calendar | Domestic Terrorism and Hate Crimes Prevention Act of 2021 |
Domestic Terrorism Prevention Act of 2021 This bill establishes new requirements to expand the availability of information on domestic terrorism, as well as the relationship between domestic terrorism and hate crimes. It authorizes domestic terrorism components within the Department of Homeland Security (DHS), the Department of Justice (DOJ), and the Federal Bureau of Investigation (FBI) to monitor, analyze, investigate, and prosecute domestic terrorism. The domestic terrorism components of DHS, DOJ, and the FBI must jointly report on domestic terrorism, including white-supremacist-related incidents or attempted incidents. DHS, DOJ, and the FBI must review the anti-terrorism training and resource programs of their agencies that are provided to federal, state, local, and tribal law enforcement agencies. It creates an interagency task force to analyze and combat white supremacist and neo-Nazi infiltration of the uniformed services and federal law enforcement agencies. Finally, it directs the FBI to assign a special agent or hate crimes liaison to each field office to investigate hate crimes incidents with a nexus to domestic terrorism. | 117 S964 IS: Domestic Terrorism Prevention Act of 2021 U.S. Senate 2021-03-24 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 117th CONGRESS 1st Session S. 964 IN THE SENATE OF THE UNITED STATES March 24, 2021 Mr. Durbin Committee on the Judiciary A BILL To authorize dedicated domestic terrorism offices within the Department of Homeland Security, the Department of Justice, and the Federal Bureau of Investigation to analyze and monitor domestic terrorist activity and require the Federal Government to take steps to prevent domestic terrorism. 1. Short title This Act may be cited as the Domestic Terrorism Prevention Act of 2021 2. Definitions In this Act— (1) the term Director (2) the term domestic terrorism (A) a foreign person or organization designated as a foreign terrorist organization under section 219 of the Immigration and Nationality Act ( 8 U.S.C. 1189 (B) an individual or organization designated under Executive Order 13224 ( 50 U.S.C. 1701 (C) a state sponsor of terrorism as determined by the Secretary of State under section 6(j) of the Export Administration Act of 1979 ( 50 U.S.C. 4605 22 U.S.C. 2780 22 U.S.C. 2371 (3) the term Domestic Terrorism Executive Committee (4) the term hate crime incident 42 U.S.C. 3631 (5) the term Secretary (6) the term uniformed services 3. Offices to combat domestic terrorism (a) Authorization of offices To monitor, analyze, investigate, and prosecute domestic terrorism (1) Domestic terrorism unit There is authorized a Domestic Terrorism Unit in the Office of Intelligence and Analysis of the Department of Homeland Security, which shall be responsible for monitoring and analyzing domestic terrorism activity. (2) Domestic terrorism office There is authorized a Domestic Terrorism Office in the Counterterrorism Section of the National Security Division of the Department of Justice— (A) which shall be responsible for investigating and prosecuting incidents of domestic terrorism; and (B) which shall be headed by the Domestic Terrorism Counsel. (3) Domestic terrorism section of the fbi There is authorized a Domestic Terrorism Section within the Counterterrorism Division of the Federal Bureau of Investigation, which shall be responsible for investigating domestic terrorism activity. (4) Staffing The Secretary, the Attorney General, and the Director shall each ensure that each office authorized under this section in their respective agencies shall— (A) have adequate number of employees to perform the required duties; (B) have not less than one employee dedicated to ensuring compliance with civil rights and civil liberties laws and regulations; and (C) require that all employees undergo annual anti-bias training. (5) Sunset The offices authorized under this subsection shall terminate on the date that is 10 years after the date of enactment of this Act. (b) Joint report on domestic terrorism (1) Biannual report required Not later than 180 days after the date of enactment of this Act, and each 6 months thereafter for the 10-year period beginning on the date of enactment of this Act, the Secretary of Homeland Security, the Attorney General, and the Director of the Federal Bureau of Investigation shall submit a joint report authored by the domestic terrorism offices authorized under paragraphs (1), (2), and (3) of subsection (a) to— (A) the Committee on the Judiciary, the Committee on Homeland Security and Governmental Affairs, and the Select Committee on Intelligence of the Senate; and (B) the Committee on the Judiciary, the Committee on Homeland Security, and the Permanent Select Committee on Intelligence of the House of Representatives. (2) Contents Each report submitted under paragraph (1) shall include— (A) an assessment of the domestic terrorism threat posed by White supremacists and neo-Nazis, including White supremacist and neo-Nazi infiltration of Federal, State, and local law enforcement agencies and the uniformed services; and (B) (i) in the first report, an analysis of incidents or attempted incidents of domestic terrorism that have occurred in the United States since April 19, 1995, including any White-supremacist-related incidents or attempted incidents; and (ii) in each subsequent report, an analysis of incidents or attempted incidents of domestic terrorism that occurred in the United States during the preceding 6 months, including any White-supremacist-related incidents or attempted incidents; and (C) a quantitative analysis of domestic terrorism for the preceding 6 months, including— (i) the number of— (I) domestic terrorism related assessments initiated by the Federal Bureau of Investigation, including the number of assessments from each classification and subcategory, with a specific classification or subcategory for those related to White supremacism; (II) domestic terrorism-related preliminary investigations initiated by the Federal Bureau of Investigation, including the number of preliminary investigations from each classification and subcategory, with a specific classification or subcategory for those related to White supremacism, and how many preliminary investigations resulted from assessments; (III) domestic terrorism-related full investigations initiated by the Federal Bureau of Investigation, including the number of full investigations from each classification and subcategory, with a specific classification or subcategory for those related to White supremacism, and how many full investigations resulted from preliminary investigations and assessments; (IV) domestic terrorism-related incidents, including the number of incidents from each classification and subcategory, with a specific classification or subcategory for those related to White supremacism, the number of deaths and injuries resulting from each incident, and a detailed explanation of each incident; (V) Federal domestic terrorism-related arrests, including the number of arrests from each classification and subcategory, with a specific classification or subcategory for those related to White supremacism, and a detailed explanation of each arrest; (VI) Federal domestic terrorism-related indictments, including the number of indictments from each classification and subcategory, with a specific classification or subcategory for those related to White supremacism, and a detailed explanation of each indictment; (VII) Federal domestic terrorism-related prosecutions, including the number of incidents from each classification and subcategory, with a specific classification or subcategory for those related to White supremacism, and a detailed explanation of each prosecution; (VIII) Federal domestic terrorism-related convictions, including the number of convictions from each classification and subcategory, with a specific classification or subcategory for those related to White supremacism, and a detailed explanation of each conviction; and (IX) Federal domestic terrorism-related weapons recoveries, including the number of each type of weapon and the number of weapons from each classification and subcategory, with a specific classification or subcategory for those related to White supremacism; and (ii) an explanation of each individual case that progressed through more than 1 of the stages described under clause (i)— (I) including the specific classification or subcategory for each case; and (II) not including personally identifiable information not otherwise releasable to the public. (3) Hate crimes In compiling a joint report under this subsection, the domestic terrorism offices authorized under paragraphs (1), (2), and (3) of subsection (a) shall, in consultation with the Civil Rights Division of the Department of Justice and the Civil Rights Unit of the Federal Bureau of Investigation, review each hate crime incident reported during the preceding 6 months to determine whether the incident also constitutes a domestic terrorism-related incident. (4) Classification and public release Each report submitted under paragraph (1) shall be— (A) unclassified, to the greatest extent possible, with a classified annex only if necessary; and (B) in the case of the unclassified portion of the report, posted on the public websites of the Department of Homeland Security, the Department of Justice, and the Federal Bureau of Investigation. (5) Nonduplication If two or more provisions of this subsection or any other law impose requirements on an agency to report or analyze information on domestic terrorism that are substantially similar, the agency shall construe such provisions as mutually supplemental, so as to provide for the most extensive reporting or analysis, and shall comply with each such requirement as fully as possible. (c) Domestic terrorism executive committee There is authorized a Domestic Terrorism Executive Committee, which shall— (1) meet on a regular basis, and not less regularly than 4 times each year, to coordinate with United States Attorneys and other key public safety officials across the country to promote information sharing and ensure an effective, responsive, and organized joint effort to combat domestic terrorism; and (2) be co-chaired by— (A) the Domestic Terrorism Counsel authorized under subsection (a)(2)(B); (B) a United States Attorney or Assistant United States Attorney; (C) a member of the National Security Division of the Department of Justice; and (D) a member of the Federal Bureau of Investigation. (d) Focus on greatest threats The domestic terrorism offices authorized under paragraphs (1), (2), and (3) of subsection (a) shall focus their limited resources on the most significant domestic terrorism threats, as determined by the number of domestic terrorism-related incidents from each category and subclassification in the joint report for the preceding 6 months required under subsection (b). 4. Training to combat domestic terrorism (a) Required training and resources The Secretary, the Attorney General, and the Director shall review the anti-terrorism training and resource programs of their respective agencies that are provided to Federal, State, local, and Tribal law enforcement agencies, including the State and Local Anti-Terrorism Program that is funded by the Bureau of Justice Assistance of the Department of Justice, and ensure that such programs include training and resources to assist State, local, and Tribal law enforcement agencies in understanding, detecting, deterring, and investigating acts of domestic terrorism and White supremacist and neo-Nazi infiltration of law enforcement and corrections agencies. The domestic-terrorism training shall focus on the most significant domestic terrorism threats, as determined by the quantitative analysis in the joint report required under section 3(b). (b) Requirement Any individual who provides domestic terrorism training required under this section shall have— (1) expertise in domestic terrorism; and (2) relevant academic, law enforcement, or other community-based experience in matters related to domestic terrorism. (c) Report (1) In general Not later than 6 months after the date of enactment of this Act and twice each year thereafter, the Secretary, the Attorney General, and the Director shall each submit a biannual report to the committees of Congress described in section 3(b)(1) on the domestic terrorism training implemented by their respective agencies under this section, which shall include copies of all training materials used and the names and qualifications of the individuals who provide the training. (2) Classification and public release Each report submitted under paragraph (1) shall be— (A) unclassified, to the greatest extent possible, with a classified annex only if necessary; and (B) in the case of the unclassified portion of each report, posted on the public website of the Department of Homeland Security, the Department of Justice, and the Federal Bureau of Investigation. 5. Interagency task force (a) In general Not later than 180 days after the date of enactment of this Act, the Attorney General, the Director, the Secretary, and the Secretary of Defense shall establish an interagency task force to analyze and combat White supremacist and neo-Nazi infiltration of the uniformed services and Federal law enforcement agencies. (b) Report (1) In general Not later than 1 year after the interagency task force is established under subsection (a), the Attorney General, the Director, the Secretary, and the Secretary of Defense shall submit a joint report on the findings of the task force and the response of the Attorney General, the Director, the Secretary, and the Secretary of Defense to such findings, to— (A) the Committee on the Judiciary of the Senate; (B) the Committee on Homeland Security and Governmental Affairs of the Senate; (C) the Select Committee on Intelligence of the Senate; (D) the Committee on Armed Services of the Senate; (E) the Committee on the Judiciary of the House of Representatives; (F) the Committee on Homeland Security of the House of Representatives; (G) the Permanent Select Committee on Intelligence of the House of Representatives; and (H) the Committee on Armed Services of the House of Representatives. (2) Classification and public release The report submitted under paragraph (1) shall be— (A) submitted in unclassified form, to the greatest extent possible, with a classified annex only if necessary; and (B) in the case of the unclassified portion of the report, posted on the public website of the Department of Defense, the Department of Homeland Security, the Department of Justice, and the Federal Bureau of Investigation. 6. Department of justice support for hate crime incidents with a nexus to domestic terrorism (a) Community relations service The Community Relations Service of the Department of Justice, authorized under section 1001(a) of the Civil Rights Act of 1964 ( 42 U.S.C. 2000g (b) Federal bureau of investigation Section 249 of title 18, United States Code, is amended by adding at the end the following: (e) Federal bureau of investigation The Attorney General, acting through the Director of the Federal Bureau of Investigation, shall assign a special agent or hate crimes liaison to each field office of the Federal Bureau of Investigation to investigate hate crimes incidents with a nexus to domestic terrorism (as such term is defined in section 2 of the Domestic Terrorism Prevention Act of 2021 . 7. Authorization of appropriations There are authorized to be appropriated to the Department of Justice, the Federal Bureau of Investigation, the Department of Homeland Security, and the Department of Defense such sums as may be necessary to carry out this Act. | Domestic Terrorism Prevention Act of 2021 |
Cyber Shield Act of 2021 This bill requires the Department of Commerce to establish the Cyber Shield Program, a voluntary program to identify and certify covered products. These products are consumer-facing physical objects that meet industry-leading cybersecurity and data security benchmarks and that can (1) connect to the internet; and (2) collect, send, or receive data or control the actions of a physical object or system. Commerce must also establish a Cyber Shield Advisory Committee to recommend (1) the format and content of Cyber Shield labels for covered products; and (2) the process to identify, establish, report on, adopt, maintain, and promote compliance with industry-leading cybersecurity and data security benchmarks to enhance cybersecurity and protect data. On its website, Commerce must make publicly available (1) program information, (2) a database of covered products certified under the program, and (3) contact information for each manufacturer of a covered product certified under the program. | 117 S965 IS: Cyber Shield Act of 2021 U.S. Senate 2021-03-25 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 117th CONGRESS 1st Session S. 965 IN THE SENATE OF THE UNITED STATES March 25, 2021 Mr. Markey Committee on Commerce, Science, and Transportation A BILL To establish a voluntary program to identify and promote internet-connected products that meet industry-leading cybersecurity and data security standards, guidelines, best practices, methodologies, procedures, and processes, and for other purposes. 1. Short title This Act may be cited as the Cyber Shield Act of 2021 2. Definitions In this Act— (1) the term Advisory Committee (2) the term benchmarks (3) the term covered product (A) connect to the internet or other network; and (B) (i) collect, send, or receive data; or (ii) control the actions of a physical object or system; (4) the term Cyber Shield program (5) the term Secretary 3. Cyber Shield Advisory Committee (a) Establishment Not later than 90 days after the date of enactment of this Act, the Secretary shall establish the Cyber Shield Advisory Committee. (b) Duties (1) In general Not later than 1 year after the date of enactment of this Act, the Advisory Committee shall provide recommendations to the Secretary regarding— (A) the format and content of the Cyber Shield labels required to be established under section 4; and (B) the process for identifying, establishing, reporting on, adopting, maintaining, and promoting compliance with the voluntary cybersecurity and data security benchmarks required to be established under section 4. (2) Public availability of recommendations The Advisory Committee shall publish, and provide the public with an opportunity to comment on, the recommendations provided to the Secretary under paragraph (1). (c) Members, chair, and duties (1) Appointment (A) In general The Advisory Committee shall be composed of members appointed by the Secretary from among individuals who are specially qualified to serve on the Advisory Committee based on the education, training, or experience of those individuals. (B) Representation Members appointed under subparagraph (A) shall include— (i) representatives of the covered products industry, including small, medium, and large businesses; (ii) cybersecurity experts, including independent cybersecurity researchers that specialize in areas such as cryptanalysis, hardware and software security, wireless and network security, cloud security, and data privacy; (iii) public interest advocates; (iv) a liaison from the Information Security and Privacy Advisory Board established under section 21(a) of the National Institute of Standards and Technology Act ( 15 U.S.C. 278g–4(a) (v) Federal employees with expertise in certification, covered devices, or cybersecurity, including employees of— (I) the Department of Commerce; (II) the National Institute of Standards and Technology; (III) the Federal Trade Commission; (IV) the Federal Communications Commission; and (V) the Consumer Product Safety Commission; and (vi) an expert who shall ensure that, subject to subsection (e), the Advisory Committee conforms to and complies with the requirements under the Federal Advisory Committee Act (5 U.S.C. App.). (C) Limitation In appointing members under subparagraph (A), the Secretary shall ensure that— (i) each interest group described in clauses (i), (ii), (iii), and (v) of subparagraph (B) is proportionally represented on the Advisory Committee, including— (I) businesses of each size described in clause (i) of that subparagraph; (II) Federal employees with expertise in each subject described in clause (v) of that subparagraph; and (III) Federal employees from each agency described in subclauses (I) through (V) of clause (v) of that subparagraph; and (ii) no single interest group described in clause (i), (ii), (iii), or (v) of subparagraph (B) is represented by a majority of the members of the Advisory Committee. (2) Chair The Secretary shall designate a member of the Advisory Committee to serve as Chair. (3) Pay Members of the Advisory Committee shall serve without pay, except that the Secretary may allow a member, while attending meetings of the Advisory Committee or a subcommittee of the Advisory Committee, per diem, travel, and transportation expenses authorized under section 5703 of title 5, United States Code. (d) Support staff; administrative services (1) Support staff The Secretary shall provide support staff for the Advisory Committee. (2) Administrative services Upon the request of the Advisory Committee, the Secretary shall provide any information, administrative services, and supplies that the Secretary considers necessary for the Advisory Committee to carry out the duties and powers of the Advisory Committee. (e) No termination Section 14 of the Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the Advisory Committee. (f) Authorization of appropriations There are authorized to be appropriated such sums as may be necessary to carry out this section. 4. Cyber Shield program (a) Establishment of program (1) In general The Secretary shall establish a voluntary program to identify and certify covered products through voluntary certification and labeling of, and other forms of communication about, covered products and subsets of covered products that meet industry-leading cybersecurity and data security benchmarks to enhance cybersecurity and protect data. (2) Labels Labels applied to covered products under the Cyber Shield program— (A) shall be digital and, if feasible, physical and affixed to the covered product or packaging; and (B) may be in the form of different grades that display the extent to which a covered product meets the industry-leading cybersecurity and data security benchmarks. (b) Consultation Not later than 90 days after the date of enactment of this Act, the Secretary shall establish a process for consulting interested parties, the Secretary of Health and Human Services, the Commissioner of Food and Drugs, the Secretary of Homeland Security, and the heads of other Federal agencies in carrying out the Cyber Shield program. (c) Duties In carrying out the Cyber Shield program, the Secretary— (1) shall— (A) by convening and consulting interested parties and the heads of other Federal agencies, establish and maintain cybersecurity and data security benchmarks for covered products with the Cyber Shield label to ensure that those covered products perform better than counterparts of those covered products that do not have the Cyber Shield label; and (B) in carrying out subparagraph (A)— (i) engage in an open public review and comment process; (ii) in consultation with the Advisory Committee, identify and apply cybersecurity and data security benchmarks to different subsets of covered products based on, with respect to each such subset— (I) any cybersecurity and data security risk relating to covered products in the subset; (II) the sensitivity of the information collected, transmitted, or stored by covered products in the subset; (III) the functionality of covered products in the subset; (IV) the security practices and testing procedures used in developing and manufacturing covered products in the subset; (V) the level of expertise, qualifications, and professional accreditation of the staff employed by the manufacturers of covered products in the subset who are responsible for cybersecurity of the covered products; and (VI) any other criteria the Advisory Committee and Secretary determine is necessary and appropriate; and (iii) to the extent possible, incorporate existing cybersecurity and data security benchmarks, such as the baseline of cybersecurity features defined in the document entitled Core Cybersecurity Feature Baseline for Securable IoT Devices: A Starting Point for IoT Device Manufacturers (2) may not establish any cybersecurity and data security benchmark under paragraph (1) that is arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law; (3) shall permit a manufacturer or distributor of a covered product to display a Cyber Shield label reflecting the extent to which the covered product meets the cybersecurity and data security benchmarks established under paragraph (1); (4) shall promote technologies, practices, and policies that— (A) are compliant with the cybersecurity and data security benchmarks established under paragraph (1); and (B) the Secretary determines are the preferred technologies, practices, and policies in the marketplace for— (i) enhancing cybersecurity; (ii) ensuring that cybersecurity is incorporated in all aspects of the life cycle of a covered product; and (iii) protecting data; (5) shall work to enhance public awareness of the Cyber Shield label, including through public outreach, education, research and development, and other means; (6) shall preserve the integrity of the Cyber Shield label; (7) if helpful in fulfilling the obligation under paragraph (6), may elect to not treat a covered product as a covered product certified under the Cyber Shield program until the covered product meets appropriate conformity standards, which may include— (A) standards relating to testing by an accredited third-party certifying laboratory or other entity in accordance with the Cyber Shield program; and (B) certification by the laboratory or entity described in subparagraph (A) that the covered product meets the applicable cybersecurity and data security benchmarks established under paragraph (1); (8) not less frequently than annually after the date on which the Secretary establishes cybersecurity and data security benchmarks for a covered product category under paragraph (1), shall review, and, if appropriate, update the cybersecurity and data security benchmarks for, that covered product category; (9) shall solicit comments from interested parties and the Advisory Committee before establishing or revising a Cyber Shield covered product category or cybersecurity and data security benchmark (or before the effective date of the establishment or revision of a covered product category or cybersecurity and data security benchmark); (10) upon adoption of a new or revised covered product category or cybersecurity and data security benchmark, shall provide reasonable notice to interested parties of any changes (including effective dates) to covered product categories or cybersecurity and data security benchmarks, along with— (A) an explanation of the changes; and (B) as appropriate, responses to comments submitted by interested parties; (11) shall provide appropriate lead time before the applicable effective date for a new or a significant revision to a covered product category or cybersecurity and data security benchmark, taking into account the timing requirements of the manufacturing, marketing, and distribution process for any covered product addressed; and (12) may remove the certification of a covered product as a covered product certified under the Cyber Shield program if the manufacturer of the certified covered product falls out of conformity with the benchmarks established under paragraph (1) for the covered product, as determined by the Secretary. (d) Deadlines Not later than 2 years after the date of enactment of this Act, the Secretary shall establish cybersecurity and data security benchmarks for covered products under subsection (c)(1), which shall take effect not later than 60 days after the date on which the Secretary establishes the cybersecurity and data security benchmarks. (e) Administration The Secretary, in consultation with the Advisory Committee, may enter into a contract with a third party to administer the Cyber Shield program if— (1) the third party is an impartial administrator; and (2) entering into the contract improves the cybersecurity and data security of covered products. (f) Program evaluation (1) In general Not later than 3 years after the date on which the Secretary establishes cybersecurity and data security benchmarks for covered products under subsection (c)(1), and not less frequently than every 3 years thereafter, the Inspector General of the Department of Commerce shall— (A) evaluate the Cyber Shield program; and (B) submit a report on the results of the evaluation carried out under subparagraph (A) to— (i) the Committee on Commerce, Science, and Transportation of the Senate; and (ii) the Committee on Energy and Commerce of the House of Representatives. (2) Requirements In conducting an evaluation under paragraph (1)(A), the Inspector General of the Department of Commerce shall— (A) with respect to the cybersecurity and data security benchmarks established under subsection (c)(1)— (i) evaluate the extent to which the cybersecurity and data security benchmarks address cybersecurity and data security threats; and (ii) assess how the cybersecurity and data security benchmarks have evolved to meet emerging cybersecurity and data security threats; (B) conduct covert testing of covered products to evaluate the integrity of certification testing under the Cyber Shield program; (C) assess the costs to businesses that manufacture covered products participating in the Cyber Shield program; (D) evaluate the level of participation in the Cyber Shield program by businesses that manufacture covered products; (E) assess the level of public awareness and consumer awareness of the Cyber Shield label; (F) determine whether any private sector or international cybersecurity certification programs comparable to the Cyber Shield program exist; and (G) if any private sector or international cybersecurity certification programs described in subparagraph (F) exist, evaluate how each such private sector or international cybersecurity certification program interacts with and compares to the Cyber Shield program. (g) Authorization of appropriations There are authorized to be appropriated such sums as may be necessary to carry out this section. 5. Cyber shield digital covered product portal (a) In general The Secretary shall make publicly available on the website of the Department of Commerce in a searchable format— (1) a web page providing information about the Cyber Shield program; (2) a database of covered products certified under the Cyber Shield program; and (3) contact information for each manufacturer of a covered product certified under the Cyber Shield program that may be used by consumers to contact the manufacturer regarding questions or complaints. (b) Requirements The database established under subsection (a)(2) shall include— (1) the cybersecurity and data security benchmarks established under section 4(c)(1) for each covered product category; and (2) for each covered product certified under the Cyber Shield program— (A) the certification for the covered product; (B) the name and manufacturer of the covered product; (C) the contact information for the manufacturer of the covered product; (D) the functionality of the covered product; (E) the location of any applicable privacy policy; and (F) any other information that the Secretary determines to be necessary and appropriate. 6. Rule of construction The decision of a manufacturer of a covered product to not participate in the Cyber Shield program shall not affect the liability of the manufacturer for a cybersecurity or data security breach of that covered product. | Cyber Shield Act of 2021 |
Adoptee Citizenship Act of 2021 This bill provides for the automatic acquisition of citizenship for certain individuals adopted by a U.S. citizen. A child born outside the United States and adopted by a U.S. citizen shall automatically acquire citizenship upon meeting certain requirements, regardless of when the adoption was finalized. Currently, adoptees who were over the age of 18 on February 27, 2001, do not automatically acquire citizenship. An individual born outside the United States and residing in the United States shall automatically acquire citizenship if the individual (1) was adopted by a citizen before becoming 18 years old, (2) was physically present in the United States in the citizen parent's custody pursuant to lawful admission before becoming 18 years old, (3) never acquired citizenship before this bill's enactment, and (4) was lawfully residing in the United States on this bill's enactment date. An individual born outside the United States and residing outside the United States but who otherwise meets all of the requirements shall automatically acquire citizenship upon being physically present in the United States pursuant to lawful admission. Such an individual shall be subject to a background check. If the background check reveals the individual has committed a crime that was not properly resolved, the individual may not receive a visa unless the Department of Homeland Security and Department of State have coordinated with law enforcement to ensure that action was taken to resolve the issue. | 117 S967 IS: Adoptee Citizenship Act of 2021 U.S. Senate 2021-03-25 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 117th CONGRESS 1st Session S. 967 IN THE SENATE OF THE UNITED STATES March 25, 2021 Mr. Blunt Ms. Hirono Ms. Collins Ms. Klobuchar Ms. Murkowski Ms. Duckworth Committee on the Judiciary A BILL To provide for the automatic acquisition of United States citizenship for certain internationally adopted individuals, and for other purposes. 1. Short title This Act may be cited as the Adoptee Citizenship Act of 2021 2. United States citizenship for certain internationally adopted individuals Section 320(b) of the Immigration and Nationality Act ( 8 U.S.C. 1431(b) (b) Adopted children of citizen parent (1) In general Subsection (a) shall apply to a child adopted by a United States citizen parent if the child satisfies the requirements applicable to adopted children under subparagraph (E), (F), or (G) of section 101(b)(1), regardless of the date on which the adoption was finalized. (2) Limited application to certain adopted individuals residing in the united states Notwithstanding section 318, an individual born outside of the United States who was adopted by a United States citizen parent shall automatically become a citizen of the United States when all of the following conditions have been fulfilled: (A) The individual was adopted by a United States citizen before the individual reached 18 years of age. (B) The individual was physically present in the United States in the legal custody of the citizen parent pursuant to a lawful admission before the individual reached 18 years of age. (C) The individual never acquired United States citizenship before the date of the enactment of the Adoptee Citizenship Act of 2021 (D) The individual was residing in the United States on the date of the enactment of the Adoptee Citizenship Act of 2021 (3) Limited application to certain adopted individuals residing outside of the united states (A) In general Any individual who meets all of the criteria described in subparagraphs (A) through (C) of paragraph (2), but does not meet the requirement described in subparagraph (D) of such paragraph, shall automatically become a citizen of the United States on the date on which the individual is physically present in the United States pursuant to a lawful admission. (B) Inapplicability of grounds of inadmissibility The grounds of inadmissibility set forth in section 212(a) shall not apply to any individual described in subparagraph (A) who is seeking admission to the United States. (C) Criminal background check Notwithstanding subparagraphs (A) and (B), an individual described in subparagraph (A) may not be issued a visa unless— (i) the individual was subjected to a criminal background check; and (ii) if the background check conducted pursuant to clause (i) reveals that the individual has committed a crime that was not properly resolved, the Secretary of Homeland Security and the Secretary of State coordinated with relevant law enforcement agencies to ensure that appropriate action is taken to resolve such criminal activity. . | Adoptee Citizenship Act of 2021 |
Combating Racist Training in the Military Act of 2021 This bill prohibits the Armed Forces and academic institutions of the Department of Defense from promoting specified anti-American and racist theories (e.g., that any race is inherently superior or inferior to any other race). Specifically, the bill prohibits including anti-American and racist theories or materials in curricula, reading lists, seminars, workshops, trainings, or other educational or professional settings in a manner that could appear as sponsorship, approval, or endorsement; contracting with, hiring, or otherwise engaging speakers, consultants, diversity trainers, and other persons for the purpose of advocating anti-American and racist theories; compelling members of the Armed Forces to affirm or profess belief in anti-American and racist theories; and segregating members of the Armed Forces by race in any setting, including educational and training sessions. | 117 S968 IS: Combating Racist Training in the Military Act of 2021 U.S. Senate 2021-03-25 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 117th CONGRESS 1st Session S. 968 IN THE SENATE OF THE UNITED STATES March 25, 2021 Mr. Cotton Committee on Armed Services A BILL To prohibit the United States Armed Forces from promoting anti-American and racist theories. 1. Short title This Act may be cited as the Combating Racist Training in the Military Act of 2021 2. Findings Congress makes the following findings: (1) The founding principles of the United States include the belief, enshrined in the Declaration of Independence, that all men are created equal are endowed by their Creator with certain unalienable Rights (2) The United States commitment to the equal dignity and natural rights of all mankind is the strongest possible defense against racism and oppression of all kinds. (3) The mission of the United States Armed Forces is to support and defend the Constitution of the United States against all enemies, foreign and domestic bear true faith and allegiance to the same (4) To carry out this mission, the Armed Forces must train leaders who love the United States, its citizens, and the aforementioned founding principles. (5) Anti-American and racist theories, such as Critical Race Theory (6) Such theories encourage people to judge and treat others differently on the basis of their race, rather than treating them as equal citizens and human beings with equal dignity and protection under the law. (7) Anti-American and racist theories, such as Critical Race Theory, teach students to distrust and even hate their country and fellow citizens. (8) The United States Armed Forces should not promote or otherwise encourage anti-American and racist theories that demoralize and divide its members while undermining its mission to bear true faith and allegiance 3. Prohibition on promotion of anti-American and racist theories (a) In general The United States Armed Forces and academic institutions operated or controlled by the Department of Defense shall not promote the following anti-American and racist theories: (1) Any race is inherently superior or inferior to any other race. (2) The United States of America is a fundamentally racist country. (3) The Declaration of Independence or the United States Constitution are fundamentally racist documents. (4) An individual’s moral character or worth is determined by his or her race. (5) An individual, by virtue of his or her race, is inherently racist or oppressive, whether consciously or unconsciously. (6) An individual, because of his or her race, bears responsibility for the actions committed by other members of his or her race. (b) Promote defined In this section, the term promote (1) Including theories described under subsection (a) or materials that advocate such theories in curricula, reading lists, seminars, workshops, trainings, or other educational or professional settings in a manner that could reasonably give rise to the appearance of official sponsorship, approval, or endorsement. (2) Contracting with, hiring, or otherwise engaging speakers, consultants, diversity trainers, and other persons for the purpose of advocating theories described under subsection (a). (3) Compelling members of the Armed Forces to affirm or profess belief in theories described under subsection (a). (4) Segregating members of the Armed Forces or other individuals by race in any setting, including educational and training sessions. (c) Rules of construction (1) Protected speech not restricted Nothing in this section shall be construed to restrict the protected speech of members of the Armed Forces or any individual. (2) Access to materials for the purpose of research or independent study Nothing in this section shall be construed to prevent individuals from accessing materials that advocate theories described under subsection (a) for the purpose of research or independent study. (3) Contextual education Nothing in this section shall be construed to prevent the United States Armed Forces and academic institutions operated or controlled by the Department of Defense from stating theories described under subsection (a) or assigning materials that advocate such theories for educational purposes in contexts that make clear the United States Armed Forces and Department of Defense does not sponsor, approve, or endorse such theories or works. | Combating Racist Training in the Military Act of 2021 |
Coronavirus Regulatory Repeal Act of 2021 This bill repeals or modifies any agency rule that is temporarily waived or modified during the COVID-19 (i.e., coronavirus disease 2019) public health emergency, subject to a review process. The bill specifies procedures for Congress and the heads of agencies to analyze, review, and recommend whether the waiver or modification of a rule should continue and such waiver or modification expires only if a law is enacted in accordance with a recommendation that the rule be reinstated when the emergency period ends. | 117 S969 IS: Coronavirus Regulatory Repeal Act of 2021 U.S. Senate 2021-03-25 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 117th CONGRESS 1st Session S. 969 IN THE SENATE OF THE UNITED STATES March 25, 2021 Mr. Paul Committee on Homeland Security and Governmental Affairs A BILL To establish Federal Regulatory Review Commissions, and for other purposes. 1. Short title This Act may be cited as the Coronavirus Regulatory Repeal Act of 2021 2. Repeal or Modification of Regulations during the emergency period Any regulation waived or modified during the emergency period shall be repealed or modified, as applicable, the day after the expiration of the emergency period and thereafter, unless a Federal Regulatory Review Commission recommends the regulation should not be repealed or modified, as applicable, and a law is enacted confirming the recommendation. 3. Federal Regulatory Review Commissions (a) Establishment There are established Commissions to be known as the Federal Regulatory Review Commissions (b) Members Each Commission shall be composed of members of the congressional committee of each jurisdiction and the head of each agency under the jurisdiction of that committee (in this Act referred to as the members (c) Information Members may obtain information from individuals with expertise in the operations and regulations of government programs. (d) Duties of the Commissions (1) Review of Federal regulations Not later than 2 months after the date of the enactment of this Act, each Commission shall submit to the Speaker of the House of Representatives and the majority leader of the Senate an official recommendation, on the repeal or modification of each regulation waived or modified during the emergency period. Each regulation waived or modified during the emergency period shall remain waived or modified, as applicable, during the review period by the Commission. (2) Extension The deadline in paragraph (1) may be extended for an additional month if the Congress enacts legislation extending such deadline by a vote of a majority of the House of Representatives and the Senate. (e) Report to Congress (1) Agency report on regulations Not later than 1 month after the date of the enactment of this Act, the head of each agency shall submit to each congressional committee of jurisdiction a report that includes— (A) an analysis of whether or not the agency can function without the regulation or with the modified regulation, as applicable; and (B) an analysis of whether the regulation should be restored to its original state before the emergency period or should remain repealed or modified, as applicable. (2) Public comment period required The head of an agency shall provide a public comment period before submitting a report pursuant to paragraph (1). (f) Congressional recommendation Not later than 1 month after receiving a report from the head of each agency pursuant to subsection (e), each committee shall submit to the Speaker of the House of Representatives and the majority leader of the Senate an official recommendation on whether or not the repealed or modified regulation should be re-established. (g) Sunset of Commissions The Commissions established in this section shall terminate on the final day of the final recommendation by each committee. 4. Definitions In this Act: (1) Agency The term agency (2) Emergency period The term emergency period 42 U.S.C. 247d (3) Regulation The term regulation rule | Coronavirus Regulatory Repeal Act of 2021 |
Medicare Dental Benefit Act of 2021 This bill provides for Medicare coverage of dental and oral health services, including routine diagnostic and preventive services, basic and major dental services, and emergency care; dental prostheses are also covered. Currently, such services are excluded from Medicare coverage. | 117 S97 IS: Medicare Dental Benefit Act of 2021 U.S. Senate 2021-01-28 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 117th CONGRESS 1st Session S. 97 IN THE SENATE OF THE UNITED STATES January 28, 2021 Mr. Cardin Mr. Brown Mr. Merkley Mr. Van Hollen Mr. Blumenthal Mr. Casey Committee on Finance A BILL To amend title XVIII of the Social Security Act to provide for coverage of dental services under the Medicare program. 1. Short title This Act may be cited as the Medicare Dental Benefit Act of 2021 2. Coverage of dental services under the Medicare program (a) Coverage Section 1861(s)(2) of the Social Security Act ( 42 U.S.C. 1395x(s)(2) (1) in subparagraph (GG), by striking and (2) in subparagraph (HH), by striking the period at the end and inserting ; and (3) by adding at the end the following new subparagraph: (II) dental and oral health services (as defined in subsection (lll)); . (b) Dental and oral health services defined Section 1861 of the Social Security Act ( 42 U.S.C. 1395x (lll) Dental and oral Health Services The term dental and oral health services (1) routine diagnostic and preventive care such as dental cleanings, exams, and x-rays; (2) basic dental services such as fillings and extractions; (3) major dental services such as root canals, crowns, and dentures; (4) emergency dental care; and (5) other necessary services related to dental and oral health (as defined by the Secretary). . (c) Coverage of routine diagnostic and preventive care as a preventive service Section 1861(ddd)(3) of the Social Security Act ( 42 U.S.C. 1395x(ddd)(3) (D) Dental and oral health services described in paragraph (1) of subsection (lll), relating to routine diagnostic and preventive care. . (d) Payment; coinsurance; and limitations (1) In general Section 1833(a)(1) of the Social Security Act ( 42 U.S.C. 1395l(a)(1) (A) by striking “and” before “(DD)”; and (B) by inserting before the semicolon at the end the following: “and (EE) with respect to dental and oral health services (as defined in section 1861(lll), other than those services described in paragraph (1) of such section), the amount paid shall be the payment amount specified under section 1834(z).”. (2) Payment and limits specified Section 1834 of the Social Security Act ( 42 U.S.C. 1395m (z) Payment and limits for dental and oral health services (1) In general The payment amount under this part for dental and oral health services (as defined in section 1861(lll), other than those services described in paragraph (1) of such section) shall be, subject to paragraph (3), the applicable percentage (specified in paragraph (2)) of the lesser of the actual charge for the services or the amount determined under the payment basis determined under section 1848. (2) Applicable percentage (A) In general For purposes of paragraph (1), subject to subparagraph (B), the applicable percentage specified in this paragraph is— (i) for the first year beginning at least 6 months after the date of the enactment of this subsection, 0 percent; (ii) for the year following the year specified in subparagraph (A) and each subsequent year through the seventh year following the year specified in subparagraph (A), the applicable percent specified in this paragraph for the previous year increased by 10 percentage points; and (iii) for the eighth year following the year specified in subparagraph (A) and each subsequent year, 80 percent. (B) Special rule for certain low-income individuals For purposes of paragraph (1), with respect to dental and oral health services described in such paragraph that are furnished to an individual who is a subsidy eligible individual (as defined in section 1860D–14(a)(3)), or who would be a subsidy eligible individual if the individual were enrolled in a prescription drug plan or an MA–PD plan under part D, for the first year beginning at least 6 months after the date of the enactment of this subsection and each subsequent year, the applicable percent specified in this paragraph is 80 percent. (3) Limitations and Secretarial authority (A) Frequency With respect to dental and oral health services that are— (i) routine dental cleanings, payment may be made under this part for only two such cleanings during a 12-month period; and (ii) routine exams, payment may be made under this part for only two such exams during a 12-month period. (B) Secretarial authority (i) Authority to apply additional limitations The Secretary may apply such other reasonable limitations on the extent to which dental and oral services are covered under this part, including through application of a prior authorization requirement. (ii) Authority to modify coverage Notwithstanding any other provision of this title, if the Secretary determines appropriate, the Secretary may modify the coverage under this part of dental and oral health services to the extent that such modification is consistent with the recommendations of the United States Preventive Services Task Force. (iii) Authority to waive frequency limitations The Secretary may waive any frequency limitation or other limitation as described in this paragraph for an individual (or category of individuals) as determined appropriate by the Secretary. . (e) Payment under physician fee schedule Section 1848(j)(3) of the Social Security Act ( 42 U.S.C. 1395w–4(j)(3) risk assessment) , risk assessment), (2)(II), (f) Dental prostheses (1) In general Section 1861(s)(8) of the Social Security Act ( 42 U.S.C. 1395x(s)(8) (A) by striking (other than dental) (including dental) (B) by striking internal body (2) Special payment rules Section 1834(a) of the Social Security Act ( 42 U.S.C. 1395m(a) (23) Payment and limits for dental prostheses (A) In general The payment amount under this part for dental prostheses shall be, subject to subparagraph (C), the applicable percent (specified in subparagraph (B)) of the amount otherwise payable for such dental prostheses under this section. (B) Applicable percent (i) In general For purposes of subparagraph (A), subject to clause (ii), the applicable percent specified in this subparagraph is— (I) for the first year beginning at least 6 months after the date of the enactment of this paragraph, 0 percent; (II) for the year following the year specified in clause (i) and each subsequent year through the seventh year following the year specified in clause (i), the applicable percent specified in this subparagraph for the previous year increased by 10 percentage points; and (III) for the eighth year following the year specified in clause (i) and each subsequent year, 80 percent. (ii) Special rule for certain low-income individuals For purposes of subparagraph (A), with respect to dental prostheses furnished to an individual who is a subsidy eligible individual (as defined in section 1860D–14(a)(3)), or who would be a subsidy eligible individual if the individual were enrolled in a prescription drug plan or an MA–PD plan under part D, for the first year beginning at least 6 months after the date of the enactment of this paragraph and each subsequent year, the applicable percent specified in this subparagraph is 80 percent. (C) Limitations and Secretarial authority (i) In general Payment may be made under this part for an individual for— (I) not more than one full upper and one full lower dental prostheses once every five years; and (II) not more than one partial upper dental prostheses and one partial lower dental prostheses once every five years. (ii) Secretarial authority (I) Authority to apply additional limitations The Secretary may apply such other reasonable limitations on the extent to which dental prostheses are covered under this part, including through application of a prior authorization requirement. (II) Authority to modify coverage Notwithstanding any other provision of this title, if the Secretary determines appropriate, the Secretary may modify the coverage under this part of dental prostheses to the extent that such modification is consistent with the recommendations of the United States Preventive Services Task Force. (III) Authority to waive frequency limitations The Secretary may waive any frequency limitation or other limitation as described in this subparagraph for an individual (or category of individuals) as determined appropriate by the Secretary . (g) Repeal of ground for exclusion Section 1862(a) of the Social Security Act ( 42 U.S.C. 1395y (h) Effective date The amendments made by this section shall apply to services furnished on or after January 1, 2022. 3. Increased FMAP for additional expenditures for medicare cost-sharing for dental and oral health services Section 1905 of the Social Security Act ( 42 U.S.C. 1396d (1) in subsection (b), by striking and (ff) (ff), and (ii) (2) by adding at the end the following new subsection: (ii) Increased FMAP for additional expenditures for medicare cost-Sharing for dental and oral health services Notwithstanding subsection (b), with respect to the portion of the amounts expended by a State for medical assistance for medicare cost-sharing (as defined in subsection (p)(3)) for qualified medicare beneficiaries described in subsection (p)(1) that is attributable to the coverage under part B of title XVIII of dental and oral health services (as defined in section 1861(lll)), as determined by the Secretary, the Federal medical assistance percentage for a State that is one of the 50 States or the District of Columbia shall be equal to 100 percent. . 4. Preventive Services Taskforce (a) In general Section 915(a)(1) of the Public Health Service Act ( 42 U.S.C. 299b–4(a)(1) , including at least 1 oral health professional expertise (b) Effective date The amendment made by subsection (a) shall take effect January 1, 2022. | Medicare Dental Benefit Act of 2021 |
Grizzly Bear State Management Act of 2021 This bill requires the Department of the Interior to remove the Greater Yellowstone ecosystem population of grizzly bears from the list of endangered and threatened wildlife. | 117 S973 IS: Grizzly Bear State Management Act of 2021 U.S. Senate 2021-03-25 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 117th CONGRESS 1st Session S. 973 IN THE SENATE OF THE UNITED STATES March 25, 2021 Ms. Lummis Mr. Barrasso Mr. Crapo Mr. Daines Mr. Risch Committee on Environment and Public Works A BILL To direct the Secretary of the Interior to reissue a final rule relating to removing the Greater Yellowstone Ecosystem population of grizzly bears from the Federal list of endangered and threatened wildlife, and for other purposes. 1. Short title This Act may be cited as the Grizzly Bear State Management Act of 2021 2. Reissuance of final rule relating to Greater Yellowstone Ecosystem population of grizzly bears (a) In general Not later than 180 days after the date of enactment of this Act, the Secretary of the Interior shall reissue the final rule entitled Endangered and Threatened Wildlife and Plants; Removing the Greater Yellowstone Ecosystem Population of Grizzly Bears From the Federal List of Endangered and Threatened Wildlife (b) No judicial review The reissuance of the final rule described in subsection (a) (including this section) shall not be subject to judicial review. | Grizzly Bear State Management Act of 2021 |
Securing America's Clean Fuels Infrastructure This bill extends the tax credit for alternative fuel vehicle refueling property through 2029. It also increases the allowable amount of such credit from $30,000 to $200,000 for any single item of refueling property. | 117 S975 IS: Securing America's Clean Fuels Infrastructure Act U.S. Senate 2021-03-25 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 117th CONGRESS 1st Session S. 975 IN THE SENATE OF THE UNITED STATES March 25, 2021 Mr. Carper Mr. Burr Ms. Cortez Masto Ms. Stabenow Committee on Finance A BILL To amend the Internal Revenue Code of 1986 to extend and modify the credit for alternative fuel vehicle refueling property. 1. Short title This Act may be cited as the Securing America's Clean Fuels Infrastructure Act 2. Extension of credit for alternative fuel vehicle refueling property (a) In general Subsection (g) of section 30C December 31, 2021 December 31, 2029 (b) Effective date The amendments made by this section shall apply to property placed in service after December 31, 2021. 3. Modification of credit limitation (a) In general Subsection (b) of section 30C (1) by striking with respect to all with respect to any single item of (2) by striking at a location (3) in paragraph (1), by striking $30,000 in the case of a property $200,000 in the case of any such item of property (b) Effective date The amendments made by this section shall apply to property placed in service after December 31, 2020. | Securing America's Clean Fuels Infrastructure Act |
Caring for Survivors Act of 2021 This bill increases the monthly rate of dependency and indemnity compensation payable to surviving spouses through the Department of Veterans Affairs. The bill also adjusts the amount payable to surviving spouses and children of veterans who were rated as totally disabled for a period of less than 10 years before their death. | 117 S976 IS: Caring for Survivors Act of 2021 U.S. Senate 2021-03-25 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 117th CONGRESS 1st Session S. 976 IN THE SENATE OF THE UNITED STATES March 25, 2021 Mr. Tester Mr. Boozman Committee on Veterans' Affairs A BILL To amend title 38, United States Code, to improve and to expand eligibility for dependency and indemnity compensation paid to certain survivors of certain veterans, and for other purposes. 1. Short title This Act may be cited as the Caring for Survivors Act of 2021 2. Increase in amount of dependency and indemnity compensation for surviving spouses (a) Increase Section 1311(a) of title 38, United States Code, is amended in paragraph (1), by striking of $1,154 equal to 55 percent of the rate of monthly compensation in effect under section 1114(j) of this title (b) Effective date (1) In general Except as provided by paragraph (2), the amendments made by subsection (a) shall apply with respect to compensation paid under chapter 13 (2) Special rule for certain individuals (A) In general For months beginning after the date that is six months after the date of the enactment of this Act, the Secretary of Veterans Affairs shall pay to an individual described in subparagraph (B) dependents and survivors income security benefit under section 1311 of title 38, United States Code, in the monthly amount that is the greater of the following: (i) The amount determined under subsection (a)(3) of such section 1311, as in effect on the day before the date of the enactment of this Act. (ii) The amount determined under subsection (a)(1) of such section 1311, as amended by subsection (a). (B) Individuals described An individual described in this subparagraph is an individual eligible for dependents and survivors income security benefit under section 1311 of title 38, United States Code, that is predicated on the death of a veteran before January 1, 1993. 3. Modification of requirements for dependency and indemnity compensation for survivors of certain veterans rated totally disabled at time of death Section 1318 of title 38, United States Code, is amended— (1) in subsection (a)— (A) by striking The Secretary (1) Except as provided in paragraph (2), the Secretary (B) by adding at the end the following new paragraph: (2) In any case in which the Secretary makes a payment under paragraph (1) of this subsection by reason of subsection (b)(1) and the period of continuous rating immediately preceding death is less than 10 years, the amount payable under paragraph (1) of this subsection shall be an amount that bears the same relationship to the amount otherwise payable under such paragraph as the duration of such period bears to 10 years. ; and (2) in subsection (b)(1), by striking 10 or more years five or more years | Caring for Survivors Act of 2021 |
Flexible Financing for Rural America Act of 2021 This bill allows rural utility service providers to submit to the Department of Agriculture (USDA) a request to adjust the interest rate or modify the terms of certain loans. The request shall include a report summarizing how the adjustment or modification will assist the borrower in providing critical utility services to a rural community. Specifically, on receipt of a request, USDA or the Department of the Treasury (in the case of a loan owned by the Federal Financing Bank) must adjust the interest rate on the loan to match certain interest rates for obligations of comparable maturity to the term remaining on the loan (or a higher rate requested by the borrower), and make modifications to the loan terms as necessary to address changes in the financial position of the borrower due to the COVID-19 public health emergency and to promote the financial sustainability of the borrower. In carrying out the adjustments or modifications, USDA or Treasury shall not impose or collect any fee from, or impose any penalty on, a borrower. The bill also provides funding to implement the adjustments and modifications and for the liquidation of residual intragovernmental amounts owed by the Federal Financing Bank in connection with certain loans. | 111 S978 IS: Flexible Financing for Rural America Act of 2021 U.S. Senate 2021-03-25 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 117th CONGRESS 1st Session S. 978 IN THE SENATE OF THE UNITED STATES March 25, 2021 Ms. Smith Mr. Hoeven Ms. Sinema Mr. Boozman Mrs. Capito Mr. Schatz Mr. Cornyn Mr. Kelly Mr. Cramer Ms. Hirono Mr. Daines Ms. Klobuchar Ms. Ernst Mr. Tester Mr. Inhofe Mr. Peters Mr. Moran Mr. Rounds Mr. Scott of South Carolina Mr. Tillis Mr. Marshall Ms. Baldwin Committee on Agriculture, Nutrition, and Forestry A BILL To provide for the adjustment or modification by the Secretary of Agriculture of loans for critical rural utility service providers, and for other purposes. 1. Short title This Act may be cited as the Flexible Financing for Rural America Act of 2021 2. Loan adjustments for critical rural utility service providers (a) In general Not later than 180 days after the date of enactment of this Act, the borrower of a qualified loan described in subsection (b) may submit to the Secretary of Agriculture (referred to in this section as the Secretary (b) Qualified loan described A qualified loan referred to in subsection (a) is a loan made or guaranteed on or before the date of enactment of this Act under— (1) section 4, 201, 305, 306, or 601 of the Rural Electrification Act of 1936 ( 7 U.S.C. 904 (2) the program carried out under the matter under the heading Distance Learning, Telemedicine, and Broadband Program Public Law 111–5 Broadband Initiatives Program (c) Adjustment of interest rate; modification of loan terms (1) In general On receipt by the Secretary of a request made under subsection (a) with respect to a loan, the Secretary, or the Secretary of the Treasury in the case of a loan owned by the Federal Financing Bank— (A) in the case of a request for an interest rate adjustment, shall adjust the interest rate on the loan to the cost of funds to the Department of the Treasury for obligations of comparable maturity to the term remaining on the outstanding balance of the loan or other such higher rate as the borrower may request; and (B) in the case of a request for a modification to a loan term other than the adjustment described in subparagraph (A), may use the authorities provided in sections 2, 201, 306C, and 703 of the Rural Electrification Act of 1936 ( 7 U.S.C. 902 7 U.S.C. 1981(b)(4) (i) to address changes in the financial position of the borrower due to 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 (ii) to promote the financial sustainability of the borrower. (2) Effective date An adjustment or modification under subparagraph (A) or (B), respectively, of paragraph (1) shall apply— (A) beginning on the first calendar day after the payment date immediately following the request; but (B) not earlier than 30 days after the date of the request. (d) No fees or penalties In carrying out this section, the Secretary, or the Secretary of the Treasury in the case of a loan owned by the Federal Financing Bank, shall not impose or collect any fee from, or impose any penalty on, a borrower. (e) Notice Not later than 30 days after the date of enactment of this Act, the Secretary, in coordination with the Secretary of the Treasury, shall publish in the Federal Register a notice of the benefits available to borrowers under this section. (f) Appropriations; reimbursements (1) In general Out of any amounts in the Treasury not otherwise appropriated— (A) there are appropriated to the Secretary such sums as are necessary, to remain available until December 31, 2021, for the cost of interest rate adjustments under subsection (c)(1)(A); (B) there is appropriated to the Secretary $300,000,000, to remain available until December 31, 2021, for the cost of modifications under subsection (c)(1)(B); and (C) there are appropriated to the Federal Financing Bank such sums as are necessary, to remain available until December 31, 2023, for the liquidation of residual intragovernmental amounts owed by the Federal Financing Bank in connection with qualified loans described in subsection (b) modified after the date of enactment of this Act. (2) Calculation For purposes of paragraph (1)(C), the calculation of the sums necessary for the liquidation of residual intragovernmental amounts owed shall take into account all amounts otherwise transferred to the Federal Financing Bank for the qualified loans described in that paragraph. (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 senate In the Senate, this Act 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. | Flexible Financing for Rural America Act of 2021 |
Reopen for Kids Act This bill prohibits a local educational agency (LEA) from receiving additional COVID-19 (i.e., coronavirus disease 2019) relief funds while the LEA has remaining unobligated COVID-19 funds, unless the LEA submits and implements a plan to provide full-day, in-person instruction five days a week to all medically able students at its public schools. An LEA may amend its plan for in-person instruction if it determines there is a significant rise in COVID-19 cases in the area in which it serves. An LEA that fails to implement a plan within 14 days of approval must return funds to the state, and the state must return such funds to the Department of the Treasury. | 117 S980 IS: Reopen for Kids Act U.S. Senate 2021-03-25 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 117th CONGRESS 1st Session S. 980 IN THE SENATE OF THE UNITED STATES March 25, 2021 Mr. Hagerty Committee on Health, Education, Labor, and Pensions A BILL To restrict funds to local educational agencies that have obligated previously appropriated funds and reopen schools for in-person learning. 1. Short title This Act may be cited as the Reopen for Kids Act 2. Funding for reopening (a) No new funds until available funds are obligated Notwithstanding any other provision of law, no funds appropriated under part 1 of subtitle A of title II of the American Rescue Plan Act of 2021 ( Public Law 117–2 (1) while funds awarded to such local educational agency under the Elementary and Secondary School Emergency Relief Fund or Governor’s Emergency Education Relief Fund under title VIII of division B of the CARES Act ( Public Law 116–136 Public Law 116–260 (2) unless the local educational agency— (A) submits a plan to the State educational agency to provide full-day, in-person learning 5 days a week for all students medically able to participate at all public schools served by the local educational agency; and (B) fully implements such plan, except as provided in subsection (b), not later than 14 days after the date the State educational agency approves such plan. (b) Amendment to reopening plan (1) In general If a local educational agency determines there is a significant rise in COVID cases in the area served by the local educational agency after the plan described in subsection (a)(2)(A) has been implemented, the local educational agency may amend the plan. (2) Amendment An amendment under paragraph (1)— (A) shall be approved by the Governor, in consultation with the local school board; (B) may include a short-term reversion to part-time or full-time virtual learning, if warranted by a significant rise in COVID cases in the area served by the local educational agency; and (C) shall specify a date by which, or conditions under which, the local educational agency will return to providing in-person learning as described in subsection (a)(2)(A). (c) Return of funds (1) In general A local educational agency that, as determined by the State educational agency, fails to implement the plan described in subsection (a)(2)(B) not later than 14 days after the date the State educational agency approves such plan, shall return to the State— (A) 75 percent of the funds received by the end of the first 7 days the implementation of the plan is delayed beyond the 14 days; and (B) the remaining 25 percent of the funds received by the end of the second 7 days the implementation of the plan is delayed beyond the 14 days. (2) Coming into compliance Notwithstanding paragraph (1), a local educational agency that implements the plan within 14 days of being in noncompliance shall be eligible to receive the full amount under part 1 of subtitle A of title II of the American Rescue Plan Act of 2021 ( Public Law 117–2 (3) Funds to be returned to treasury A State shall return all funds returned to the State under paragraph (1) to the general fund of the Department of the Treasury. | Reopen for Kids Act |
Assuring Regular Consultation To Have Indigenous Voices Effectively Solicited Act This bill establishes requirements for tribal consultation prior to the sale or transfer of certain federal civilian real property. Federal civilian real property generally refers to federal real property assets, including public buildings, occupied and improved grounds, leased space, or other physical structures under the custody and control of a federal agency. Specifically, a federal agency must consult with tribal governments prior to the sale or transfer of certain federal civilian real property if the proposed sale or transfer would affect a tribe's access to federal agency services. Further, the bill prohibits the property from being sold or transferred if the sale or transfer would substantially reduce or eliminate a tribe's access to these services. | 114 S981 IS: Assuring Regular Consultation To Have Indigenous Voices Effectively Solicited Act U.S. Senate 2021-03-25 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 117th CONGRESS 1st Session S. 981 IN THE SENATE OF THE UNITED STATES March 25, 2021 Mrs. Murray Ms. Cantwell Mr. Wyden Mr. Merkley Ms. Murkowski Committee on Environment and Public Works A BILL To amend the Federal Assets Sale and Transfer Act of 2016 to ensure that federally recognized Indian Tribes are consulted before the sale or transfer of certain Federal civilian real properties, and for other purposes. 1. Short title This Act may be cited as the Assuring Regular Consultation To Have Indigenous Voices Effectively Solicited Act 2. Impact on federally recognized Indian Tribes (a) In general The Federal Assets Sale and Transfer Act of 2016 ( 40 U.S.C. 1303 Public Law 114–287 26. Requirements before sale or transfer (a) Consultation Before the sale or transfer of a Federal civilian real property under this Act (other than section 24 or 25), if the proposed sale or transfer would affect access to Federal agency services by a federally recognized Indian Tribe, the relevant Federal agency shall consult with all Tribal governments that may be so affected. (b) Finding of reduction or elimination of access A Federal civilian real property may not be sold or transferred under this Act (other than section 24 or 25) if the proposed sale or transfer would substantially reduce or eliminate access to Federal agency services by a federally recognized Indian Tribe. . (b) Clerical amendment The table of contents in section 1(b) of the Federal Assets Sale and Transfer Act ( Public Law 114–287 Sec. 26. Requirements before sale or transfer. . | Assuring Regular Consultation To Have Indigenous Voices Effectively Solicited Act |
Break Free From Plastic Pollution Act of 2021 This bill sets forth requirements and incentives to reduce the production of a variety of products and materials, including plastics, and increase efforts to collect, recycle, or compost products and materials. The bill makes certain producers of products (e.g., packaging, paper, single-use products, beverage containers, or food service products) fiscally responsible for collecting, managing, and recycling or composting the products after consumer use. In addition, the bill establishes (1) minimum percentages of products that must be reused, recycled, or composted; and (2) an increasing percentage of recycled content that must be contained in beverage containers. Beginning on January 1, 2023, the bill phases out a variety of single-use products, such as plastic utensils. The bill also sets forth provisions to encourage the reduction of single-use products, including by establishing programs to refund consumers for returning beverage containers and by establishing a tax on carryout bags. The bill creates a temporary moratorium on new or expanded permits for certain facilities that manufacture plastics until regulations are updated to address pollution from the facilities. The Environmental Protection Agency (EPA) must publish guidelines for a national standardized labeling system for recycling and composting receptacles. Producers must include labels on their products that are easy to read and indicate whether the products are recyclable, compostable, or reusable. The EPA must also ensure that certain clothes washers have filtration units as required by this bill. Finally, the bill establishes limitations on the export of plastic waste to other countries. | 117 S984 IS: Break Free From Plastic Pollution Act of 2021 U.S. Senate 2021-03-25 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 117th CONGRESS 1st Session S. 984 IN THE SENATE OF THE UNITED STATES March 25, 2021 Mr. Merkley Mr. Booker Mr. Durbin Mr. Markey Mr. Wyden Mr. Blumenthal Mr. Leahy Mrs. Gillibrand Ms. Warren Mr. Sanders Mrs. Feinstein Committee on Finance A BILL To amend the Solid Waste Disposal Act to reduce the production and use of certain single-use plastic products and packaging, to improve the responsibility of producers in the design, collection, reuse, recycling, and disposal of their consumer products and packaging, to prevent pollution from consumer products and packaging from entering into animal and human food chains and waterways, and for other purposes. 1. Short title This Act may be cited as the Break Free From Plastic Pollution Act of 2021 2. Producer responsibility for products and packaging (a) In general The Solid Waste Disposal Act ( 42 U.S.C. 6901 K Producer Responsibility for Products and Packaging 12001. Definitions In this subtitle: (1) Advisory committee The term advisory committee (2) Beverage (A) In general The term beverage (i) water; (ii) flavored water; (iii) soda water; (iv) mineral water; (v) beer; (vi) a malt beverage; (vii) a carbonated soft drink; (viii) liquor; (ix) tea; (x) coffee; (xi) hard cider; (xii) fruit juice; (xiii) an energy or sports drink; (xiv) coconut water; (xv) wine; (xvi) a yogurt drink; (xvii) a probiotic drink; (xviii) a wine cooler; and (xix) any other beverage determined to be appropriate by the Administrator. (B) Exclusions The term beverage (i) a drug regulated under the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 301 (ii) infant formula; or (iii) a meal replacement liquid. (3) Beverage container (A) In general The term beverage container (i) made of any material, including glass, plastic, metal, and multimaterial; and (ii) the volume of which is not more than 3 liters. (B) Exclusion The term beverage container (i) a carton; (ii) a pouch; or (iii) aseptic packaging, such as a drink box. (C) Inclusion Notwithstanding subparagraphs (A) and (B), for purposes of the program under section 12104, the term beverage container (4) Compostable (A) In general Subject to subparagraph (B), the term compostable (i) (I) meets the ASTM International standard specification for compostable products numbered D6400 or D6868— (aa) as in effect on the date of enactment of this subtitle; or (bb) as revised after the date of enactment of this subtitle, if the revision is approved by the Administrator; and (II) is labeled to reflect that the covered product meets a standard described in subclause (I); (ii) is certified as a compostable product by an independent party that is approved by the Administrator; or (iii) comprises only— (I) wood without any— (aa) coatings; (bb) additives; or (cc) effective beginning on February 1, 2023, toxic substances; or (II) natural fiber without any— (aa) coatings; (bb) additives; or (cc) effective beginning on February 1, 2023, toxic substances. (B) Exclusions The term compostable (i) paper; or (ii) effective beginning on February 1, 2023, any covered product that contains a toxic substance. (5) Covered product (A) In general The term covered product (i) packaging; (ii) a food service product; (iii) paper; (iv) a single-use product that is not subject to the prohibition under section 12202(c); and (v) a container for a beverage that is not described in subparagraphs (A) and (B) of paragraph (3), such as a carton, pouch, or aseptic packaging, such as a drink box, the responsible party for which does not elect to participate in the program under section 12104. (B) Exclusion The term covered product (6) Covered retail or service establishment (A) In general Subject to subparagraph (B), the term covered retail or service establishment (i) any restaurant; or (ii) any business that— (I) sells food, alcohol, or any other good or product to the public at retail; or (II) elects to comply with the requirements under, as applicable— (aa) section 12201; or (bb) section 12202. (B) Exception (i) In general The term covered retail or service establishment (ii) Waiver The Administrator shall prescribe regulations providing for the waiver of the application of section 12201 or 12202 with respect to any State, or any local government or political subdivision thereof, that has enacted requirements that are similar to the requirements imposed under that section. (7) Food service product The term food service product (A) a utensil; (B) a straw; (C) a drink cup; (D) a drink lid; (E) a food package; (F) a food container; (G) a plate; (H) a bowl; (I) a meat tray; and (J) a food wrap. (8) Microfiber The term microfiber (A) has a fibrous shape; (B) is less than 5 millimeters in any direction; and (C) is released at any point during the full life cycle of a textile, including production, use, cleaning, recycling, and disposal. (9) Organization The term Organization (10) Packaging (A) In general The term packaging (i) any package or container, regardless of recyclability or compostability; and (ii) any part of a package or container, regardless of recyclability or compostability, that includes material that is used for the containment, protection, handling, delivery, and presentation of goods that are sold, offered for sale, or distributed to consumers in the United States, including through an internet transaction. (B) Inclusions The term packaging (i) intended for the consumer market; (ii) service packaging designed and intended to be used or filled at the point of sale, such as carry-out bags, bulk good bags, take-out bags, and home delivery food service packaging; (iii) secondary packaging used to group products for multiunit sale; (iv) tertiary packaging used for transportation or distribution directly to a consumer; and (v) ancillary elements hung or attached to a product and performing a packaging function. (C) Exclusion The term packaging (i) used for the long-term protection or storage of a product; and (ii) with a life of not less than 5 years. (11) Paper (A) In general The term paper (B) Inclusions The term paper (i) newsprint and inserts; (ii) magazines and catalogs; (iii) direct mail; (iv) office paper; and (v) telephone directories. (C) Exclusions The term paper (i) a paper product that, due to the intended use of the paper product, could become unsafe or unsanitary to recycle; or (ii) a bound book. (12) Plan The term Plan (13) Program The term Program (14) Recyclable The term recyclable (A) the covered product or beverage container can be economically and technically recycled in current United States market conditions; (B) United States processing capacity is in operation to recycle, with the geographical distribution of the capacity aligned with the population of geographical regions of the United States, of the total quantity of the covered product or beverage container— (i) for each of calendar years 2021 through 2024, not less than 25 percent; (ii) for each of calendar years 2025 through 2029, not less than 35 percent; (iii) for each of calendar years 2030 through 2034, not less than 50 percent; and (iv) for calendar year 2035 and each calendar year thereafter, not less than 60 percent; (C) the consumer that uses the covered product or beverage container is not required to remove an attached component of the covered product or beverage container, such as a shrink sleeve, label, or filter, before the covered product or beverage container can be recycled; and (D) effective beginning on February 1, 2023, the covered product or beverage container does not contain a toxic substance. (15) Recycle (A) In general The term recycle (i) collected, sorted, and processed; and (ii) (I) converted into a raw material with minimal loss of material quality; (II) used in the production of a new product, including the original product; or (III) in the case of composting or organic recycling, productively used for soil improvement. (B) Exclusion The term recycle (i) the method of sorting, processing, and aggregating materials from solid waste that does not preserve the original material quality, and, as a result, the aggregated material is no longer usable for its initial purpose or a substantially similar product and can only be used for inferior purposes or products (commonly referred to as downcycling (ii) the use of waste— (I) as a fuel or fuel substitute; (II) for energy production; (III) for repurposing into infrastructure, including— (aa) pavement for streets or sidewalks; (bb) building materials; and (cc) other infrastructure projects, as determined by the Administrator; (IV) for alternate operating cover; or (V) within the footprint of a landfill; or (iii) the conversion of waste into alternative products, such as chemicals, feedstocks, fuels, and energy, through— (I) incineration; (II) pyrolysis; (III) hydropyrolysis; (IV) methanolysis; (V) gasification; or (VI) a similar technology, as determined by the Administrator. (16) Responsible party (A) Beverage containers (i) In general With respect to a beverage sold in a beverage container, the term responsible party (I) a person that engages in the distribution or sale of the beverage in a beverage container to a retailer in the United States, including any manufacturer that engages in that sale or distribution; (II) if subclause (I) does not apply, a person that engages in the sale of the beverage in a beverage container directly to a consumer in the United States; or (III) if subclauses (I) and (II) do not apply, a person that imports the beverage sold in a beverage container into the United States for use in a commercial enterprise, sale, offer for sale, or distribution in the United States. (ii) Related definitions In this subparagraph: (I) Distributor The term distributor (II) Manufacturer The term manufacturer (III) Retailer (aa) In general The term retailer (AA) engages in the sale of beverages in beverage containers to a consumer; or (BB) provides beverages in beverage containers to a person in commerce, including provision free of charge, such as at a workplace or event. (bb) Inclusion The term retailer (B) Covered products With respect to a covered product, the term responsible party (i) a person that manufactures and uses in a commercial enterprise, sells, offers for sale, or distributes the covered product in the United States under the brand of the manufacturer; (ii) if clause (i) does not apply, a person that is not the manufacturer of the covered product but is the owner or licensee of a trademark under which the covered product is used in a commercial enterprise, sold, offered for sale, or distributed in the United States, whether or not the trademark is registered; or (iii) if clauses (i) and (ii) do not apply, a person that imports the covered product into the United States for use in a commercial enterprise, sale, offer for sale, or distribution in the United States. (17) Restaurant (A) In general The term restaurant (i) for consumption by the public; (ii) in a form or quantity that is consumable immediately at the establishment, whether or not the food or beverage is consumed within the confines of the place where the food or beverage is prepared; or (iii) in a consumable form for consumption outside the place where the food or beverage is prepared. (B) Inclusion The term restaurant (18) Reusable The term reusable (A) technically feasible to reuse or refill in United States market conditions; and (B) reusable or refillable for such number of cycles, but not less than 100 cycles, as the Administrator determines to be appropriate for the covered product or beverage container. (19) Single-use product (A) In general The term single-use product (B) Exclusions The term single-use product (i) medical food, supplements, devices, or other products determined by the Secretary of Health and Human Services to necessarily be made of plastic for the protection of public health; (ii) personal protective equipment, including— (I) masks; (II) gloves; (III) face shields; and (IV) other personal protective equipment determined by Secretary of Health and Human Services to be necessarily made out of plastic for the protection of public health; (iii) a personal hygiene product that, due to the intended use of the product, could become unsafe or unsanitary to recycle, such as a diaper; or (iv) packaging that is— (I) for any product described in clause (i); or (II) used for the shipment of hazardous materials that is prohibited from being composed of used materials under section 178.509 or 178.522 of title 49, Code of Federal Regulations (as in effect on the date of enactment of this subtitle). (20) Toxic substance (A) In general The term toxic substance (i) The substance, mixture, or compound is subject to reporting requirements under— (I) the Emergency Planning and Community Right-To-Know Act of 1986 ( 42 U.S.C. 11001 (II) the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 42 U.S.C. 9601 (III) section 112(r) of the Clean Air Act ( 42 U.S.C. 7412(r) (ii) Testing has produced evidence recognized by the National Institute for Occupational Safety and Health or the Environmental Protection Agency that the substance, mixture, or compound poses acute or chronic health hazards. (iii) The Administrator or the Secretary of Health and Human Services has issued a public health advisory for the substance, mixture, or compound. (iv) Exposure to the substance, mixture, or compound is shown by expert testimony recognized by the Environmental Protection Agency to increase the risk of developing a latent disease. (v) The substance, mixture, or compound is— (I) a perfluoroalkyl or polyfluoroalkyl substance; (II) an ortho-phthalate; (III) a bisphenol compound (not including an alkyl-substituted bisphenol compound generated through a xylenol-aldehyde process); or (IV) a halogenated or nanoscale flame retardant chemical. (B) Exclusions The term toxic substance (i) a pesticide applied— (I) in accordance with Federal, State, and local laws (including regulations); and (II) in accordance with the instructions of the manufacturer of the pesticide; or (ii) ammunition, a component of ammunition, a firearm, an air rifle, discharge of a firearm or an air rifle, hunting or fishing equipment, or a component of hunting or fishing equipment. (21) Translation services The term translation services (22) United States The term United States (23) Utensil (A) In general The term utensil (B) Inclusions The term utensil I Products in the Marketplace 12101. Extended producer responsibility (a) In general Except as provided in subsection (b), beginning on February 1, 2023, each responsible party for any covered product or beverage sold in a beverage container that is sold, distributed, or imported into the United States shall— (1) participate as a member of an Organization for which a Plan is approved by the Administrator; and (2) through that participation, satisfy the performance targets under section 12105(g). (b) Exemptions A responsible party for a covered product or beverage sold in a beverage container, including a responsible party that operates as a single point of retail sale and is not supplied by, or operated as part of, a franchise, shall not be subject to this part if the responsible party— (1) (A) for fiscal year 2022, has an annual revenue of less than $1,000,000; and (B) for fiscal year 2023 and each subsequent fiscal year, has an annual revenue of less than the applicable amount during the preceding fiscal year, as adjusted to reflect changes for the 12-month period ending on the preceding November 30 in the Consumer Price Index for All Urban Consumers published by the Bureau of Labor Statistics of the Department of Labor; or (2) is the responsible party for less than 1 ton of covered products or beverage containers in commerce each year. (c) Enforcement (1) Prohibition It shall be unlawful for any person that is a responsible party for a covered product or beverage sold in a beverage container to sell, use, or distribute any covered product or beverage sold in a beverage container in commerce except in compliance with this part. (2) Civil penalty Any person that violates paragraph (1) shall be subject to a fine for each violation and for each day that the violation occurs in an amount of not more than $70,117. (3) Injunctive relief The Administrator may bring a civil action to enjoin the sale, distribution, or importation into the United States of a covered product or beverage sold in a beverage container in violation of this part. (4) State enforcement The Administrator may permit a State to carry out enforcement under paragraph (2) or (3) if the Administrator determines that the State meets such requirements as the Administrator may establish. (d) Inapplicability of the antitrust laws The antitrust laws, as defined in the first section of the Clayton Act ( 15 U.S.C. 12 12102. Producer Responsibility Organizations (a) In general (1) Establishment To satisfy the requirement under section 12101(a)(1), 1 or more responsible parties for a category of covered product or beverage sold in a beverage container shall establish a Producer Responsibility Organization that shall act as an agent and on behalf of each responsible party to carry out the responsibilities of the responsible party under this part with respect to that category of covered product or beverage sold in a beverage container. (2) Program An Organization shall establish a Product Stewardship Program to carry out the responsibilities of the Organization under this part. (3) Coordination If more than 1 Organization is established under paragraph (1) with respect to a category of covered product or beverage sold in a beverage container, the Administrator shall— (A) coordinate and manage those Organizations; or (B) establish an entity— (i) to carry out subparagraph (A); and (ii) to conduct business between those Organizations and State and local governments. (4) Multiple Organizations A responsible party— (A) may participate in more than 1 Organization if each Organization is established for a different category of covered products or beverages sold in beverage containers; and (B) may participate in— (i) only 1 national Organization with respect to— (I) each category of covered products; or (II) beverages sold in beverage containers; or (ii) only 1 regional Organization with respect to beverages sold in beverage containers and each category of covered products for each region in which the covered products or beverages sold in beverage containers produced by the responsible party are sold. (5) Nonprofit status An Organization shall be established and operated as an organization described in section 501(c)(3) (6) Categories The Administrator, in consultation with Organizations, shall promulgate regulations to establish categories of covered products and beverages sold in beverage containers for purposes of this part. (b) Participation fees (1) In general Subject to paragraph (5), an Organization shall charge each responsible party a fee for membership in the Organization in accordance with this subsection. (2) Components A fee charged to a responsible party under paragraph (1) shall include— (A) costs of management and cleanup in accordance with paragraph (3); and (B) administrative costs in accordance with paragraph (4). (3) Management and cleanup costs (A) In general A fee under paragraph (1) shall include, with respect to a responsible party, the costs of management (which shall include costs assessed by the advisory committee for the Organization, in consultation with municipalities, other government entities, contracted entities, and other stakeholders, for collecting, transporting, processing, recycling, and composting) or cleaning up the covered products or beverage containers of the responsible party after consumer use through the applicable Program, including administrative costs. (B) Considerations In determining the costs of management and cleanup described in subparagraph (A) with respect to a responsible party, an Organization shall, at a minimum, take into account— (i) the cost to properly manage the applicable category of covered product or beverage container waste; (ii) the cost to assist in cleaning up the covered product or beverage container waste, including waste generated before the date of enactment of this subtitle, of the responsible party from— (I) public places; (II) freshwater and marine environments, to the extent that cleanup can be accomplished without harming the existing marine life and intact ecosystems; and (III) materials in compost facilities or other facilities handling organic wastes; (iii) to the extent that cleanup of the covered products or beverage containers from freshwater and marine environments cannot be accomplished without harming the existing freshwater and marine life and intact ecosystems, the cost of other appropriate mitigation measures; (iv) the higher cost of managing covered products that— (I) bond materials together, making the covered product more difficult to recycle, such as plastic bonded with paper or metal; (II) would typically be recyclable or compostable, but, as a consequence of the design of the covered product, has the effect of disrupting recycling or composting processes; (III) includes labels, inks, liners, and adhesives containing— (aa) heavy metals; or (bb) effective beginning on February 1, 2023, other toxic substances; or (IV) cannot be mechanically recycled; (v) the lower cost of managing— (I) beverage containers that have— (aa) nondetachable caps; or (bb) other innovations and design characteristics to prevent littering; and (II) contact containers and other covered products that— (aa) are specifically designed to be reusable or refillable; and (bb) have a high reuse or refill rate; (vi) covered products with lower environmental impacts, including— (I) covered products that are made of— (aa) sustainable or renewably sourced materials; or (bb) at least 90 percent by weight of any combination of— (AA) postconsumer recycled content; or (BB) materials derived from land or freshwater or marine environment litter; and (II) compostable covered products that— (aa) have direct contact with food; or (bb) help divert food waste from a landfill; and (vii) the percentage of postconsumer recycled content verified by an independent party designated by the Administrator that exceeds the minimum requirements established under section 12302 in the packaging, if the recycled content does not disrupt the potential for future recycling. (4) Administrative costs (A) In general A fee under paragraph (1) shall include— (i) the administrative costs to the Organization of carrying out the Program; (ii) the cost to the Administrator of administering this part with respect to the applicable Organization, including— (I) oversight, including annual oversight; (II) issuance of any rules; (III) planning; (IV) Plan review; (V) compliance; (VI) outreach and education; (VII) professional language interpretation and translation services for all publicly distributed materials; (VIII) enforcement; (IX) sufficient staff positions to administer this part; and (X) other activities directly related to the activities described in subclauses (I) through (IX); and (iii) the cost to a State for carrying out enforcement with respect to the applicable Organization. (B) Consideration In determining the fee for a responsible party under subparagraph (A), an Organization shall consider the company size and annual revenue of the responsible party. (C) Reimbursement An Organization shall reimburse— (i) the Administrator for costs described subparagraph (A)(ii) incurred by the Administrator; and (ii) a State for costs described in subparagraph (A)(iii) incurred by the State. (D) Administrator reimbursements account (i) In general The Administrator shall deposit reimbursements received from an Organization under subparagraph (C)(i) into a dedicated account established for that Organization, which shall be available to the Administrator for activities of the Administrator associated with overseeing the Plan and Program of the Organization. (ii) Reports Not less frequently than annually, the Administrator shall— (I) submit to Congress a report describing the amount of reimbursements deposited into each account under clause (i); and (II) make the report described in subclause (I) publicly available. (5) Approval (A) In general Before an Organization may charge a fee or revise the amount of a fee to be charged under paragraph (1)— (i) the Organization shall submit to the Administrator the fee structure and the methodology for determining that fee structure; and (ii) (I) the Organization shall receive notification of approval of the fee structure under subparagraph (B)(ii); or (II) the fee structure shall be considered approved under subparagraph (C). (B) Approval Not later than 60 days after receipt of a fee structure under subparagraph (A)(i), the Administrator shall— (i) (I) approve the fee structure if the Administrator determines that the fee structure is in accordance with this subsection; or (II) deny the fee structure if the Administrator determines that the fee structure is not in accordance with this subsection; and (ii) notify the Organization of— (I) the determination under clause (i); and (II) in the case of a denial under clause (i)(II), the reasons for the denial and recommendations for revisions that are likely to be approved. (C) Failure to meet deadline If the Administrator does not make a determination under clause (i) of subparagraph (B) by the date required under that subparagraph, the fee structure shall be considered to be approved. (c) Advisory committees (1) In general An Organization shall establish an advisory committee that represents a range of interested and engaged persons relevant to the category of covered products or beverages sold in beverage containers of the applicable Program, including— (A) collection providers; (B) cleanup service providers; (C) recyclers; (D) composters; and (E) governmental entities. (2) Composition (A) In general At a minimum, an advisory committee shall include individuals representing each of— (i) responsible parties, such as a trade association; (ii) States; (iii) cities, including— (I) small and large cities; and (II) cities located in urban and rural counties; (iv) counties, including— (I) small and large counties; and (II) urban and rural counties; (v) public sector recycling, composting, and solid waste industries for the applicable type of product or packaging; (vi) private sector recycling, composting, and solid waste industries for the applicable type of product or packaging; (vii) recycled feedstock users for the applicable type of product or packaging; (viii) public place litter programs; (ix) freshwater and marine litter programs; (x) environmental organizations; (xi) disability advocates; (xii) Indian Tribes; and (xiii) environmental and human health scientists. (B) Requirements (i) In general Each individual serving on an advisory committee may represent only 1 category described in clauses (i) through (xiii) of subparagraph (A). (ii) Disproportionate representation An Organization shall ensure that no category described in clauses (i) through (xiii) of subparagraph (A) has disproportionate representation on an advisory committee. (3) Public comment (A) In general Each year, an Organization shall provide a process to receive comments from additional stakeholders and community members, which to the maximum extent practicable shall include diverse ethnic populations. (B) Communication methods and requirements With respect to the public comment process described in subparagraph (A), an Organization— (i) shall provide translation services; and (ii) (I) shall 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 public hearing; and (II) shall include on any attendance list, register, questionnaire, or other similar document that is used during a public hearing a clear statement that the signing, registering, or completion of the document is voluntary. (4) Expenses (A) In general An Organization shall reimburse representatives of community groups, Indian Tribes, State and local governments, and nonprofit organizations for expenses relating to participating on the advisory committee. (B) Other members Other members of the advisory committee may be compensated for travel expenses as needed to ensure the ability of those members to participate on the advisory committee. (C) Language and interpretation services An Organization shall be financially responsible for providing translation services under paragraphs (3)(B)(i) and (6)(E). (5) Duties of advisory committees An advisory committee shall— (A) (i) prepare a Plan for the Organization and any revisions to that Plan; and (ii) submit to the Organization that Plan or revisions to the Plan for review and approval under paragraph (6)(B); and (B) submit to the Organization and directly to the Administrator any reports, recommendations, or objections of the advisory committee relating to the Plan, fee structure, or other activities of the Organization. (6) Duties An Organization— (A) shall hold an advisory committee meeting at least once per year; (B) shall review and approve the Plan or revisions to the Plan submitted by an advisory committee under paragraph (5)(A)(ii) prior to the submission to the Administrator of the Plan or revisions under section 12105; (C) shall include a summary of advisory committee engagement and input in the report under section 12107; (D) shall not modify a Plan without the approval of the advisory committee of the Organization; and (E) shall provide translation services for any member of the advisory committee. 12103. Covered product management (a) In general In carrying out a Program, a responsible party, acting through an Organization, shall— (1) meet the performance targets under the applicable Plan, as described in section 12105(g)— (A) in the case of covered products, by providing for the collection and sorting of covered products in accordance with subsection (b); or (B) in the case of beverage containers, by carrying out the responsibilities under section 12104(e); and (2) in accordance with subsection (c), provide for the cleanup of covered products or beverage containers that become litter. (b) Collection (1) In general A Program shall provide widespread, convenient, and equitable access to opportunities for the collection of covered products in accordance with this subsection. (2) Convenience (A) In general Subject to subparagraph (B), collection opportunities described in paragraph (1) shall— (i) be provided throughout each State, Tribal land, and territory in which the applicable covered product is sold, including in rural and island communities; (ii) be as convenient as trash collection in the applicable area; and (iii) in a case in which collection of the applicable covered product by curbside collection is not practicable, be, as determined by the Administrator, and in the case of a city with a population of 750,000 or more residents, subject to the approval of the city, available for not less than 95 percent of the population of the applicable area within— (I) in the case of an urban area, a 10-minute walk; or (II) in the case of a rural area, the longer of— (aa) a 45-minute drive; and (bb) the time to drive to the nearest rural service center. (B) Waiver The Administrator may waive the requirement under subparagraph (A) after— (i) consultation with the advisory committee of the applicable Organization and other appropriate stakeholders; and (ii) approval by the unit of local government with jurisdiction over the applicable area. (3) Methods (A) Curbside or multifamily collection With respect to a geographic area described in paragraph (2)(A), an Organization shall, at a minimum, provide the opportunity for the collection of the applicable covered product through a curbside or multifamily recycling collection service, if— (i) curbside collection is provided, as of the date of enactment of this subtitle, to residents in single family and multifamily residences in an applicable area; (ii) the category of covered product— (I) is suitable for curbside or multifamily recycling collection; and (II) can be effectively sorted by facilities receiving the covered product after collection; and (iii) the provider of the service agrees— (I) to accept the category of covered product; and (II) to a compensation agreement described in subparagraph (C). (B) Other methods In addition to the method described in subparagraph (A), an Organization may comply with the requirement under paragraph (1) by— (i) entering into an agreement with— (I) an entity that carries out a program through which consumers may drop off the covered product at a designated location (commonly known as a depot drop-off program (II) a retailer that accepts the covered product from consumers (commonly known as retailer take-back (ii) such other means as the Organization determines to be appropriate, including by establishing a collection program or service, including a program or service that provides collection from public spaces. (C) Compensation agreements (i) In general An Organization may comply with this subsection by entering into an agreement with a governmental or private entity under which the Organization compensates the entity for the collection of covered products. (ii) Requirement As part of a compensation agreement under clause (i), an Organization shall offer to provide reimbursement of not less than 100 percent of the cost to the entity of managing the covered products, including, as applicable, administrative costs, sorting, and reprocessing. (4) Managing collected covered products In carrying out this subsection, an Organization shall— (A) ensure that— (i) the collection means and systems used direct the covered product waste to— (I) facilities that are effective in sorting and reprocessing covered product waste prior to shipment in a form ready for remanufacture into new products; or (II) other facilities that the Administrator determines appropriately manage the covered product waste; (ii) covered products are managed in an environmentally sound and socially just manner at reprocessing, disposal, or other facilities operating with human health and environmental protection standards that are broadly equivalent to the standards required in— (I) the United States; or (II) other countries that are members of the Organization for Economic Cooperation and Development; and (iii) the Program includes measures to track, verify, and publicly report that covered products are managed responsibly and not reexported to countries in which standards described in clause (ii) are not met; and (B) take measures— (i) to promote high-quality recycling that retains material quality; (ii) to meet the necessary quality standards for the relevant facilities that manufacture new products from the collected, sorted, and reprocessed materials; and (iii) to prioritize the recycling of products and packaging into uses that achieve the greatest environmental benefits from displacing the use of virgin materials. (5) Costs (A) In general A responsible party or an Organization may not charge an entity described in subparagraph (B) any amount for the cost of carrying out this subsection. (B) Entities described An entity referred to in subparagraph (A) is a single family or multifamily dwelling or publicly owned land (such as a sidewalk, plaza, and park) for which a recycling collection service is provided. (6) Effect Nothing in this subsection— (A) requires a governmental entity to provide for the collection of covered products; or (B) prohibits a governmental entity from providing for the collection and sorting of covered products. (c) Cleanup; reduction in waste A Program shall— (1) provide funding to, and coordinate with, entities that collect covered product or beverage container litter from public places or freshwater or marine environments in the United States, including Tribal land and territories; and (2) coordinate product design and Program innovations to reduce covered product or beverage container waste. (d) Minimum funding requirements (1) In general Of Program expenditures for a fiscal year, an Organization shall ensure that— (A) (i) for the 10-year period beginning on the date on which the Organization is established, not less than 50 percent is used for the improvement and development of new market, recycling, or composting infrastructure in the United States, which may include installing or upgrading equipment at existing sorting and reprocessing facilities— (I) to improve sorting of covered product waste; or (II) to mitigate the impacts of covered product waste to other commodities; and (ii) for each year thereafter, such percentage as the Administrator may establish, but not less than 10 percent, is used for the purposes described in clause (i); and (B) not less than 10 percent is used for— (i) cleanup activities under subsection (c)(1); and (ii) the removal of covered product or beverage container contaminants at compost facilities and other facilities that manage organic materials. (2) Determination of expenditures For purposes of carrying out paragraph (1), Program expenditures for a fiscal year shall be based on— (A) in the case of the first fiscal year of the Program, budgeted expenditures for the fiscal year; and (B) in the case of each fiscal year thereafter, Program expenditures for the previous fiscal year. 12104. National beverage container program (a) Responsibilities of responsible parties (1) In general Each responsible party for beverages sold in beverage containers shall— (A) charge to a retailer to which the beverage in a beverage container is delivered a deposit in the amount of the applicable refund value described in subsection (c) on delivery; and (B) on receipt of an empty beverage container from a retailer, pay to the retailer a refund in the amount of the applicable refund value described in subsection (c). (2) Use of deposits from unredeemed beverage containers A responsible party shall use any amounts received as deposits under paragraph (1)(A) for which an empty beverage container is not returned to the Organization responsible for the material of the beverage container for investment in collection, recycling, and reuse infrastructure. (b) Responsibilities of retailers (1) In general Except as provided in paragraph (2), each retailer of beverages in beverage containers shall— (A) charge to the customer to which the beverage in a beverage container is sold a deposit in the amount of the applicable refund value described in subsection (c) on the sale; (B) on receipt of an empty beverage container from a customer, pay to the customer a refund in the amount of the applicable refund value described in subsection (c); (C) accept a beverage container and pay a refund under subparagraph (B)— (i) during any period that the retailer is open for business; and (ii) regardless of whether the specific beverage container was sold by the retailer; and (D) in the case of a retailer that is equal to or greater than 5,000 square feet, accept any brand and size of beverage container and pay a refund under subparagraph (B) for the beverage container, regardless of whether the retailer sells that brand or size of beverage container. (2) Exceptions (A) Dirty or damaged A retailer described in paragraph (1) may refuse to accept a beverage container and pay a refund under paragraph (1)(B) if the beverage container— (i) visibly contains or is contaminated by a substance other than— (I) water; (II) residue of the original contents; or (III) ordinary dust; or (ii) is so damaged that the brand or refund label appearing on the container cannot be identified. (B) Container limitation (i) Large retailers A retailer described in paragraph (1) that is equal to or greater than 5,000 square feet may refuse to accept, and pay a refund under paragraph (1)(B) for, more than 250 beverage containers per person per day. (ii) Small retailers A retailer described in paragraph (1) that is less than 5,000 square feet may refuse to accept, and pay a refund under paragraph (1)(B) for, more than 50 beverage containers per person per day. (C) Brand and size A retailer described in paragraph (1) that is less than 5,000 square feet may refuse to accept, and pay a refund under paragraph (1)(B) for, a brand or size of beverage container that the retailer does not sell. (D) Restaurants A retailer described in paragraph (1) that is a restaurant may refuse to accept, and pay a refund under paragraph (1)(B) for, a beverage container that the restaurant did not sell. (E) Other means of return The Administrator may permit the establishment of convenience zones, under which a retailer within a convenience zone is exempt from this subsection if the Administrator determines that the retailer— (i) is located within close proximity to a redemption center established under subsection (e)(2); and (ii) shares in the cost of the operation of that redemption center with the responsible party. (c) Applicable refund value (1) In general The amount of the refund value referred to in subsections (a) and (b) shall be not less than 10 cents. (2) Adjustments Beginning on the date that is 3 years after the date of enactment of this subtitle, the Administrator may— (A) increase the minimum refund value under paragraph (1) to account for— (i) inflation; and (ii) other factors, such as a failure to meet performance targets described in section 12105(g); or (B) decrease the minimum refund value under paragraph (1) to account for beverage containers that— (i) are specifically designed to be reusable or refillable; and (ii) have a high reuse or refill rate. (3) Discretionary increases A responsible party, with respect to a covered product or beverage container, or a State may require a refund value that is more than the minimum refund value under paragraph (1). (d) Labeling Any manufacturer, importer, or distributor of a beverage in a beverage container that is sold in the United States shall include on the label of the beverage container a standardized description of the applicable refund value in such a manner that the description is clearly visible. (e) Responsibilities of Organizations (1) Collection and storage An Organization of responsible parties for beverages sold in beverage containers shall facilitate collection and storage of beverage containers that are returned to retailers under this section by providing storage or other means to collect the beverage containers until collection for recycling, such as reverse vending or other convenient options for consumers. (2) Redemption centers (A) In general An Organization of responsible parties for beverages sold in beverage containers shall establish and operate facilities to accept beverage containers from consumers. (B) Requirements A facility established under subparagraph (A) shall— (i) be staffed and available to the public— (I) each day other than a Federal or local holiday; and (II) not less than 10 hours each day; (ii) accept— (I) any beverage container; and (II) not less than 350 beverage containers per person per day; and (iii) provide— (I) hand or automated counts conducted by staff of the facility; (II) a drop door for consumers to drop off bags of mixed beverage containers for staff of the facility to count, for which the facility may collect a convenience fee; or (III) any other convenient means of receiving and counting beverage containers, as determined by the Administrator. (3) Curbside collection An Organization may pay an entity that collects curbside recycling the value of the applicable refund value under subsection (c) for beverage containers collected, based on weight or another measurement that approximates the amount of the refunds, as negotiated by the Organization and the entity. (f) Excluded States (1) Definition of eligible State In this subsection, the term eligible State (A) has in effect a beverage container law before the date of enactment of this subtitle; and (B) enacts legislation after the date of enactment of this subtitle to update the beverage container law described in subparagraph (A) to be consistent with the refund value amounts under, and beverage containers covered by, this part. (2) Compliance with State law In the case of an eligible State, compliance with the law of the eligible State by a distributor, retailer, manufacturer, importer, or Organization shall be considered to be compliance with this section. (3) Conformity An eligible State is encouraged to negotiate with relevant Organizations on updated features of the beverage container law of the eligible State, such as sharing new revenue from increased deposits. 12105. Product Stewardship Plans (a) In general Not later than February 1, 2023, each Organization shall submit to the Administrator a Product Stewardship Plan that describes how the Organization will carry out the responsibilities of the Organization under this part. (b) Contents Each Plan shall contain, at a minimum— (1) contact information for the Organization submitting the Plan; (2) a list of participating responsible parties and brands covered by the applicable Program, including organization structure for each responsible party; and (3) a description of— (A) each category of covered product or beverage sold in a beverage container covered by the Plan; (B) funding for the Organization, including how fees will be structured and collected in accordance with section 12102(b)(5). (C) performance targets under subsection (g); (D) the means by which each type of covered product or beverage container will be collected in accordance with section 12103 or 12104, as applicable, to meet— (i) the consumer convenience and geographic coverage standards for collection under this part; and (ii) the performance targets under subsection (g); (E) consumer education plans in accordance with section 12106; (F) a customer service process, such as a process for answering citizen or customer questions and resolving issues; (G) sound management practices for worker health and safety; (H) plans for complying with design-for-environment and labeling requirements under sections 12303 and 12304, respectively; (I) the means by which responsible parties will work with, improve, and fund existing recycling, composting, litter cleanup, and disposal programs and infrastructure; (J) any plans to transition to reusable covered products; (K) the process to consider and establish innovative means to increase collection of covered products; (L) the means by which the Organization is mitigating fraud in the applicable Program; (M) the means by which responsible parties will consult with the Federal Government, State and local governments, and any other important stakeholders; and (N) plans for market development. (c) Approval or denial Not later than 90 days after receiving a Plan under subsection (a), the Administrator shall— (1) approve or deny the Plan; and (2) notify the applicable Organization of the determination of the Administrator under paragraph (1). (d) Implementation Beginning on August 1, 2023, not later than 60 days after receiving a notification of approval of a Plan under subsection (c)(2), the applicable Organization shall begin implementation of the Plan. (e) Expiration A Plan— (1) shall expire on the date that is 5 years after the date on which the Plan is approved; and (2) may be renewed. (f) Revisions The Administrator may require a revision to a Plan before the expiration date of the Plan if— (1) the performance targets under subsection (g) are not being met; or (2) there is a change in circumstances that otherwise warrants a revision. (g) Performance targets (1) In general Each Plan shall contain achievable performance targets for the collection and recycling of the applicable covered product or beverage container in accordance with section 12103 or 12104, as applicable. (2) Minimum requirements Performance targets under paragraph (1) shall be not less than, by weight of covered product— (A) by December 31, 2027— (i) 65 percent of all covered products, except paper, recycled; (ii) 75 percent of all beverage containers and paper covered products recycled; and (iii) 50 percent of all industrially compostable covered products composted; (B) by December 31, 2030, 15 percent of covered products for which packaging is eliminated or offered in reusable packaging; (C) by such dates as the Administrator determines to be appropriate after December 31, 2030, such percentage of covered products for which packaging shall be eliminated or that shall be offered in reusable packaging as the Administrator determines to be appropriate; and (D) by December 31, 2032— (i) 80 percent of all covered products, except paper, recycled; (ii) 90 percent of all beverage containers and paper covered products recycled; and (iii) 70 percent of all industrially compostable covered products composted. (3) Labeling restriction A responsible party for a covered product shall not include on the covered product a label claiming that the covered product is recyclable or compostable if the covered product does not satisfy the performance targets under paragraph (2). 12106. Outreach and education (a) In general A Program shall include the provision of outreach and education to consumers throughout the United States regarding— (1) proper end-of-life management of covered products and beverage containers; (2) the location and availability of curbside and drop-off collection opportunities; (3) how to prevent litter of covered products and beverage containers; and (4) recycling and composting instructions that are— (A) consistent nationwide, except as necessary to take into account differences among State and local laws; (B) easy to understand; and (C) easily accessible, including accessibility in multiple languages to reach a diverse ethnic population. (b) Activities Outreach and education under subsection (a) shall— (1) be designed to achieve the management goals of covered products and beverage containers under this part, including the prevention of contamination by covered products and beverage containers in other management systems or in other materials; (2) be coordinated across programs nationally to avoid confusion for consumers; and (3) include, at a minimum— (A) consulting on education, outreach, and communications with the advisory committee of the applicable Organization and other stakeholders; (B) coordinating with and assisting local municipal programs, municipal contracted programs, solid waste collection companies, and other entities providing services to the Program; (C) developing and providing outreach and education to the diverse ethnic populations of the United States through translated and culturally appropriate materials, including in-language and targeted outreach; (D) establishing consumer websites and mobile applications that provide information about methods to prevent covered product and beverage container pollution and how consumers may access and use collection services; (E) working with Program participants to label covered products and beverage containers with information to assist consumers in responsibly managing covered product and beverage container waste; and (F) determining the effectiveness of outreach, education, communications, and convenience of services through periodic surveys of consumers. (c) Evaluation If the Administrator determines that performance targets under section 12105(g) are not being met with respect to an Organization, the Organization shall— (1) conduct an evaluation of the effectiveness of outreach and education efforts under this section to determine whether changes are necessary to improve those outreach and education efforts; and (2) develop information that may be used to improve outreach and education efforts under this section. 12107. Reporting (a) In general An Organization shall annually make available on a publicly available website a report that contains— (1) with respect to covered products or beverages in beverage containers sold or imported by members of the Organization, a description of, at a minimum— (A) the quantity of covered products or beverage containers sold or imported and collected, by submaterial type and State, for the year covered by the report and each prior year; (B) management of the covered products or beverage containers, including recycling rates, by submaterial type, for the year covered by the report and each prior year; (C) data on the final destination and quantity of reclaimed covered products or beverage containers, by submaterial type, including the form of any covered products or beverage containers exported; (D) contamination in the recycling stream of the covered products or beverage containers; (E) collection service vendors and collection locations, including— (i) the geographic distribution of collection; (ii) distance to population centers; (iii) hours; (iv) actions taken to reduce barriers to collection by expanding curbside collection or facilitating drop-offs; and (v) frequency of collection availability; (F) efforts to reduce environmental impacts at each stage of the lifecycle of the covered products or beverage containers; and (G) the quantity of covered products that have been eliminated or replaced by reusable packaging, delineated by submaterial type and State, for the year covered by the report and for each prior year for which a report was submitted; (2) the composition of the advisory committee for the Organization; (3) expenses of the Organization; (4) outreach and education efforts under section 12106, including the results of those efforts; (5) customer service efforts and results; (6) performance relative to the performance targets of the Plan under section 12105(g); (7) the status of packaging innovation and design characteristics to prevent littering, make covered products or beverage containers reusable or refillable, or reduce overall covered product and beverage container waste; and (8) any other information that the Administrator determines to be appropriate. (b) Consistency Organizations shall make efforts to coordinate reporting under subsection (a) to provide for consistency of information across a category of covered products or beverage containers. (c) Audits Every 2 years, the Administrator shall conduct an audit of— (1) collection and recycling to provide an accounting of the collection and recycling of covered products and beverage containers that are not produced by a responsible party or an Organization; and (2) covered products and beverage containers of brand names found in litter to provide for an accounting of covered products and other litter that continues to create pollution. (d) Reductions in State and local taxes Not later than February 1, 2025, and annually thereafter, the Administrator shall prepare and make publicly available a report describing— (1) the effect of this part on costs incurred by State and local governments for the management and cleanup of covered products and beverage containers; and (2) any reductions in State and local taxes as a result of any reductions of costs described in paragraph (1). II Reduction of Single-Use Products 12201. Prohibition on single-use plastic carryout bags (a) Definition of single-Use plastic bag In this section: (1) In general The term single-use plastic bag (A) made of plastic; and (B) provided by a covered retail or service establishment to a customer at the point of sale, home delivery, the check stand, cash register, or other point of departure to a customer for use to transport, deliver, or carry away purchases. (2) Exclusions The term single-use plastic bag (A) a bag that is subject to taxation under section 4056 (B) a bag that— (i) is made a material other than plastic film; (ii) is woven or nonwoven nylon, polypropylene, polyethylene-terephthalate, or Tyvek in a quantity less than 80 grams per square meter; (iii) has handles that are stitched and not heat-fused; and (iv) is machine washable; or (C) a covered product that is— (i) used by a consumer inside a store— (I) to package bulk items, such as fruit, vegetables, nuts, grains, candy, unwrapped prepared foods or bakery goods, or small hardware items; or (II) to contain or wrap— (aa) prepackaged or non-prepackaged frozen foods, meat, or fish; or (bb) flowers, potted plants, or other items the dampness of which may require the use of the nonhandled bag; (ii) a bag sold at retail in packages containing multiple bags intended to contain garbage or pet waste; (iii) a newspaper bag; (iv) a door hanger bag; or (v) a laundry or dry cleaning bag. (b) Prohibition A covered retail or service establishment shall not provide at the point of sale a single-use plastic bag to a customer. (c) Enforcement (1) Written notification for first violation If a covered retail or service establishment violates subsection (b), the Administrator shall provide that covered retail or service establishment with written notification regarding the violation of the requirement under that subsection. (2) Subsequent violations (A) In general If a covered retail or service establishment, subsequent to receiving a written notification described in paragraph (1), violates subsection (b), the Administrator shall fine the covered retail or service establishment in accordance with subparagraph (B). (B) Amount of penalty For each violation during a calendar year, the amount of the penalty under subparagraph (A) shall be— (i) in the case of the first violation, $250; (ii) in the case of the second violation, $500; and (iii) in the case of the third violation or any subsequent violation, $1,000. (C) Seizure On a third violation or any subsequent violation under this paragraph by a covered retail or service establishment, the Administrator may seize any single-use plastic bags in the possession of the covered retail or service establishment. (D) Limitation In the case of a covered retail or service establishment the annual revenue of which is less than $1,000,000, a penalty shall not be imposed under this paragraph more than once during any 7-day period. (3) State enforcement The Administrator may permit a State to carry out enforcement under this subsection if the Administrator determines that the State meets such requirements as the Administrator may establish. (d) Effective date The prohibition under this section shall take effect on January 1, 2023. 12202. Reduction of other single-use products (a) Prohibition on plastic utensils and plastic straws (1) Utensils A covered retail or service establishment may not use, provide, distribute, or sell a plastic utensil. (2) Plastic straws (A) In general Subject to subparagraphs (B) and (C), a covered retail or service establishment that sells food or beverages— (i) except as provided in clause (ii), may not provide a plastic straw to a customer; (ii) shall provide a plastic straw to a customer who requests a plastic straw; (iii) shall provide accessible means of communication, across all ordering platforms used by the covered retail or service establishment (such as online, mobile, and in-person), for customers to request a plastic straw; and (iv) shall keep in stock plastic straws for customers who request plastic straws. (B) Effective functional equivalents If the Administrator, in consultation with the National Council on Disability and advocates representing the disability and environmental communities, determines that an effective functional equivalent to a plastic straw that can be recycled, composted, or disposed with minimal harm to the environment has been developed— (i) subparagraph (A) shall no longer apply; and (ii) a covered retail or service establishment may not provide a plastic straw to a customer. (C) Exclusion Subparagraph (A) shall not apply to the sale of plastic straws in bulk for home or personal use. (3) Nonplastic alternatives A covered retail or service establishment may provide, distribute, or sell a reusable, compostable, or recyclable alternative to a plastic utensil or plastic straw only— (A) on request of a customer; (B) in the case of a compostable or recyclable alternative, if composting or recycling, as applicable, for the item is provided and locally accessible; and (C) effective beginning on February 1, 2023, if the alternative does not contain a toxic substance. (b) Prohibition on other single-Use products (1) In general Except as provided in paragraphs (3) and (4), a covered retail or service establishment may not sell or distribute any single-use product that the Administrator determines is not recyclable or compostable and can be replaced by a reusable or refillable item. (2) Inclusions In the prohibition under paragraph (1), the Administrator shall include— (A) expanded polystyrene for use in food service products, disposable consumer coolers, or shipping packaging; (B) single-use personal care products, such as miniature bottles containing shampoo, soap, and lotion that are provided at hotels or motels; (C) noncompostable produce stickers; and (D) such other products that the Administrator determines by regulation to be appropriate. (3) Exception The prohibition under paragraph (1) shall not apply to the sale or distribution of an expanded polystyrene cooler for any medical use determined to be necessary by the Secretary of Health and Human Services. (4) Temporary waiver The Administrator may grant a temporary waiver of not more than 1 year from the prohibition under paragraph (1) for the use of expanded polystyrene in shipping packaging to protect a product of high value if a viable alternative to expanded polystyrene is not available. (c) Enforcement (1) Written notification for first violation If a covered retail or service establishment violates subsection (a) or (b), the Administrator shall provide that covered retail or service establishment with written notification regarding the violation of the requirement under that subsection. (2) Subsequent violations (A) In general If any covered retail or service establishment, subsequent to receiving a written notification described in paragraph (1), violates subsection (a) or (b), the Administrator shall fine the covered retail or service establishment in accordance with subparagraph (B). (B) Amount of penalty For each violation during a calendar year, the amount of the penalty under subparagraph (A) shall be— (i) in the case of the first violation, $250; (ii) in the case of the second violation, $500; and (iii) in the case of the third violation or any subsequent violation, $1,000. (C) Seizure On a third violation or any subsequent violation under this paragraph by a covered retail or service establishment, the Administrator may seize any plastic products prohibited under subsection (a) or (b) that are in the possession of the covered retail or service establishment. (D) Limitation In the case of a covered retail or service establishment the annual revenue of which is less than $1,000,000, a penalty shall not be imposed under this paragraph more than once during any 7-day period. (3) State enforcement The Administrator may permit a State to carry out enforcement under this subsection if the Administrator determines that the State meets such requirements as the Administrator may establish. (d) Effective date The prohibition under this section shall take effect on January 1, 2023. 12203. Study and action on plastic tobacco filters and electronic cigarettes (a) Study Not later than 2 years after the date of enactment of this subtitle, the Administrator, in conjunction with the Commissioner of Food and Drugs and the Director of the National Institutes of Health, shall conduct a study on— (1) the environmental impacts and efficacy of tobacco filters made from plastic; and (2) the environmental impacts of electronic cigarettes, including disposable components of electronic cigarettes. (b) Report to Congress (1) In general Not later than 180 days after the date on which the study under subsection (a) is concluded, the Administrator, in conjunction with the Commissioner of Food and Drugs, shall submit to the committees described in paragraph (2) a report describing recommendations to establish a program to reduce litter from, and the environmental impacts of, single-use tobacco filter products and electronic cigarettes. (2) Committees The committees referred to in paragraph (1) are— (A) the Committee on Health, Education, Labor, and Pensions of the Senate; (B) the Committee on Environment and Public Works of the Senate; (C) the Committee on Commerce, Science, and Transportation of the Senate; and (D) the Committee on Energy and Commerce of the House of Representatives. (c) Publication On submission of the report under subsection (b)(1), the Administrator, in conjunction with the Commissioner of Food and Drugs, shall publish in the Federal Register for public comment— (1) the report; and (2) a description of the actions the Administrator and the Commissioner of Food and Drugs intend to take during the 1-year period after the date of publication to reduce litter from, and the environmental impacts of, single-use tobacco filter products and electronic cigarettes, including recommendations for incorporating plastic tobacco filters and electronic cigarette components into an extended producer responsibility program. III Recycling and Composting 12301. Recycling and composting collection The Administrator, in consultation with Organizations, State and local governments, and affected stakeholders, shall issue guidance to standardize recycling and composting collection across communities and States. 12302. Requirements for the production of products containing recycled content (a) Plastic beverage containers (1) In general Subject to paragraph (2), the Administrator shall require each responsible party for plastic beverage containers to make the plastic beverage containers— (A) by 2025, of 25 percent post-consumer recycled content from United States sources; (B) by 2030, of 50 percent post-consumer recycled content from United States sources; (C) by 2035, of 70 percent post-consumer recycled content from United States sources; (D) by 2040, of 80 percent post-consumer recycled content from United States sources; and (E) by such dates thereafter as the Administrator shall establish, such percentages of post-consumer recycled content from United States sources as the Administrator determines by a rule to be appropriate. (2) Adjustment After consideration of the results of the study under subsection (b)(1), the Administrator may issue regulations to modify 1 or more of the percentages described in subparagraphs (A) through (D) of paragraph (1). (3) Nontoxic requirement The Administrator shall require each responsible party for plastic beverage containers to ensure that, effective beginning on February 1, 2023, the plastic beverage containers do not contain any toxic substances. (b) Other covered products and beverage containers (1) Study The Administrator, in coordination with the Director of the National Institute of Standards and Technology, the Commissioner of Food and Drugs, and the head of any other relevant Federal agency, shall carry out a study to determine the technical and safe minimum post-consumer recycled content requirements for covered products and beverage containers, including beverage containers composed of glass, aluminum, and other materials. (2) Report (A) In general Not later than 1 year after the date of enactment of this subtitle, the Administrator shall submit to Congress a report describing the results of the study under paragraph (1), including— (i) an estimate of the current and projected consumption of covered products and use of beverage containers in the United States; (ii) an estimate of current and projected future recycling rates of covered products and beverage containers in the United States; (iii) an assessment of techniques and recommendations to minimize the creation of new materials for covered products and beverage containers; and (iv) an assessment of— (I) post-consumer recycled content standards for covered products and beverage containers that are technologically feasible; and (II) the impact of the standards described in subclause (I) on recycling rates of covered products and beverage containers. (B) Publication On submission of the report under subparagraph (A) to Congress, the Administrator shall publish in the Federal Register for public comment— (i) the report; and (ii) a description of the actions the Administrator intends to take during the 1-year period after the date of publication in the Federal Register to establish minimum post-consumer recycled content standards for covered products and beverage containers. (3) Minimum standards (A) In general Not later than 1 year after the Administrator publishes the report under paragraph (2)(B), the Administrator shall establish minimum post-consumer recycled content standards for covered products and beverage containers. (B) Requirement The standards established under subparagraph (A) shall increase the percentage by which covered products and beverage containers shall be composed of post-consumer recycled content over a time period established by the Administrator. 12303. Designing for the environment (a) In general The Administrator shall require each responsible party for covered products and beverage containers to design the covered products and beverage containers to minimize the environmental and health impacts of the covered products and beverage containers. (b) Requirements In designing covered products and beverage containers in accordance with subsection (a), to minimize the impacts of extraction, manufacture, use, and end-of-life management, a responsible party shall consider— (1) eliminating or reducing the quantity of material used; (2) effective beginning on February 1, 2023, eliminating toxic substances; (3) eliminating or reducing mixed-polymer and mixed-material packaging; (4) reducing the use of all additives; (5) designing for reuse, refill, and lifespan extension; (6) incorporating recycled materials; (7) designing to reduce environmental impacts across the lifecycle of a product; (8) incorporating sustainably and renewably sourced material; (9) optimizing material to use the minimum quantity of packaging necessary to effectively deliver a product without damage or spoilage; (10) degradability of materials in cold-water environments; and (11) improving recyclability and compostability. (c) Enforcement (1) In general If the Administrator determines that a responsible party for covered products or beverage containers has not designed covered products or beverage containers in accordance with subsection (b), the Administrator— (A) in the case of the first violation, shall provide that responsible party with written notification regarding the violation of the requirement under that subsection; and (B) in the case of any subsequent violation, may impose on the responsible party a fine in an amount of not more than $70,117, as determined by the Administrator, for each violation. (2) Use of fees The Administrator shall transfer the amounts of fees collected under paragraph (1) to the Reduction, Recycling, and Litter Cleanup Trust Fund established by section 9512 12304. Product labeling (a) In general A responsible party shall include labels on covered products and beverage containers that— (1) are easy to read; and (2) indicate that the covered product or beverage container is— (A) recyclable; (B) not recyclable; (C) compostable; or (D) reusable; (3) in the case of a covered product or beverage container that is not recyclable, does not include the universal chasing arrows recycling symbol or any other similar symbol that would lead a consumer to believe that the item should be sorted for recycling; (4) in the case of a plastic bag that is not compostable, is not tinted green or brown; (5) in the case of a compostable bag, is tinted green or brown and includes information identifying the entity designated by the Administrator that has certified that the product is compostable; (6) in the case of a covered product or beverage container that is compostable, includes a green or brown stripe or similar marking to identify that the item is compostable; and (7) in the case of a covered wipe product (as defined in subsection (a) of section 12305), satisfy the requirements under the regulations issued under subsection (b) of that section. (b) Standardized labels Not later than 2 years after the date of enactment of this subtitle, the Administrator shall establish or approve a standardized label for each category of covered product and beverage container to be used by responsible parties under subsection (a). (c) Requirement A label described in subsection (a), including a shrink sleeve— (1) shall be compatible with the intended method of discard for the covered product or beverage container; and (2) shall not require removal by consumers. (d) Compatibility The Administrator shall encourage label manufacturers, in coordination with the supply chains of those manufacturers, including substrate suppliers, converters, and ink suppliers, to work with the recycling industry to address label recycling compatibility challenges. (e) Enforcement (1) Prohibition It shall be unlawful for any person that is a responsible party for a covered product or beverage sold in a beverage container to sell, use, or distribute any covered product or beverage sold in a beverage container in commerce except in compliance with this section. (2) Civil penalty Any person that violates paragraph (1) shall be subject to a fine for each violation and for each day that the violation occurs in an amount of not more than $70,117, as determined by the Administrator. (3) Injunctive relief The Administrator may bring a civil action to enjoin the sale, distribution, or importation into the United States of a covered product or beverage sold in a beverage container in violation of this section. (4) State enforcement The Administrator may permit a State to carry out enforcement under paragraph (2) or (3) if the Administrator determines that the State meets such requirements as the Administrator may establish. 12305. Do Not Flush (a) Definitions In this section: (1) Combined product The term combined product (A) at least 1 of the products is a covered wipe product; and (B) at least 1 of the products is another consumer product intended to be used in combination with that covered wipe product. (2) Covered entity The term covered entity (3) Covered wipe product (A) In general The term covered wipe product (i) that is marketed as a baby wipe or diapering wipe; or (ii) that— (I) is composed entirely, or in part, of petrochemical-derived fibers; and (II) has significant potential to be flushed. (B) Inclusions The term covered wipe product (i) antibacterial wipes and disinfecting wipes; (ii) wipes intended for general purpose cleaning or bathroom cleaning, including toilet cleaning and hard surface cleaning; and (iii) wipes intended for personal care use on the body, including hand sanitizing, makeup removal, feminine hygiene, adult hygiene (including incontinence hygiene), and body cleansing. (4) High contrast (A) In general The term high contrast (i) is light on a solid dark background or dark on a solid light background; and (ii) has a contrast percentage of at least 70 percent between that symbol or label notice and the background, using the formula described in subparagraph (B). (B) Contrast percentage The contrast percentage referred to in subparagraph (A)(ii) is the product obtained by multiplying— (i) the quotient obtained by dividing— (I) the difference between— (aa) the light reflectance value of a lighter area; and (bb) the light reflectance value of a darker area; by (II) the light reflectance value of the lighter area described in subclause (I)(aa); and (ii) 100. (5) Label Notice The term label notice Do Not Flush (6) Principal display panel The term principal display panel (A) that is most likely to be displayed, presented, or shown under customary conditions of display for retail sale; and (B) (i) in the case of a cylindrical or near-cylindrical package, the surface area of which constitutes at least 40 percent of the product package, as measured by multiplying the height by the circumference of the package; or (ii) in the case of a flexible film package in which a rectangular prism or near-rectangular prism stack of wipes is housed within the film, the surface area of which is measured by multiplying the length by the width of the side of the package when the flexible packaging film is pressed flat against the stack of wipes on all sides of the stack. (7) Symbol The term symbol (A) the Do Not Flush (B) a symbol otherwise identical to the symbol described in subparagraph (A) depicting an individual of another gender. (b) Regulations Not later than 2 years after the date of enactment of this subtitle, the Administrator shall issue regulations requiring covered entities to label covered wipe products clearly and conspicuously in accordance with this section. (c) Requirements (1) Cylindrical packaging In issuing regulations under subsection (b), the Administrator shall require a covered wipe product sold in cylindrical or near-cylindrical packaging, and intended to dispense individual wipes, to have— (A) the symbol and label notice on the principal display panel in a location reasonably visible to the user each time a wipe is dispensed; or (B) the symbol on the principal display panel and the label notice, or a combination of the label notice and symbol, on a flip lid in a manner that covers at least 8 percent of the surface area of the flip lid. (2) Flexible film packaging In issuing regulations under subsection (b), the Administrator shall require a covered wipe product sold in flexible film packaging, and intended to dispense individual wipes, to have— (A) the symbol on the principal display panel and, if the principal display panel is not on the dispensing side of the packaging, on the dispensing side panel; and (B) the label notice on the principal display panel or the dispensing side panel, in a prominent location reasonably visible to the user each time a wipe is dispensed. (3) Rigid packaging In issuing regulations under subsection (b), the Administrator shall require a covered wipe product sold in a refillable tub or other rigid packaging that may be reused by a customer, and intended to dispense individual wipes, to have the symbol and label notice on the principal display panel in a prominent location reasonably visible to the user each time a wipe is dispensed. (4) Packaging not intended to dispense individual wipes In issuing regulations under subsection (b), the Administrator shall require a covered wipe product sold in packaging that is not intended to dispense individual wipes to have the symbol and label notice on the principal display panel in a prominent location reasonably visible to the user of the covered wipe product. (5) Bulk packaging (A) In general In issuing regulations under subsection (b), the Administrator shall require a covered wipe product sold in bulk at retail to have labeling in compliance with those regulations on both the outer packaging visible at retail and the individual packaging contained within the outer packaging. (B) Exemption The Administrator shall exempt from the requirements under subparagraph (A) the following: (i) Individually packaged covered wipe products that— (I) are contained within outer packaging; (II) are not intended to dispense individual wipes; and (III) have no retail labeling. (ii) Outer packaging that does not obscure the symbol and label notice on individually packaged covered wipe products contained within. (6) Packaging of combined products (A) Outer packaging In issuing regulations under subsection (b), the Administrator shall exempt the outer packaging of a combined product from the requirements of those regulations. (B) Packages less than 3 by 3 inches In issuing regulations under subsection (b), the Administrator shall provide that, with respect to a covered wipe product in packaging smaller than 3 inches by 3 inches (such as an individually packaged wipe in tear-top packaging) and sold as part of a combined product, if a symbol and label notice are placed in a prominent location reasonably visible to the user of the covered wipe product, that covered wipe product shall be considered to be labeled clearly and conspicuously in accordance with those regulations. (d) Reasonable visibility of symbol and label notice (1) In general In requiring the symbol and label notice under this section, the Administrator shall require that— (A) packaging seams or folds or other packaging design elements do not obscure the symbol or label notice; (B) the symbol and label notice are each equal in size to at least 2 percent of the surface area of the principal display panel; and (C) except as provided in paragraph (3), the symbol and label notice have high contrast with the immediate background of the packaging such that the symbol and label notice may be seen and read by an ordinary individual under customary conditions of purchase and use. (2) Proximity of symbol and label notice In requiring the symbol and label notice under this section, the Administrator may allow a symbol and label notice on a principal display panel to be placed adjacently or on separate areas of the principal display panel. (3) Exception Paragraph (1)(C) shall not apply to an embossed symbol or label notice on the flip lid of a covered wipe product sold in cylindrical or near-cylindrical packaging. (e) Additional words or phrases In issuing regulations under subsection (b), the Administrator shall allow additional words or phrases on a covered wipe product that describe consequences associated with flushing or disposing of that covered wipe product, if those words or phrases are consistent with the purposes of this section. (f) Representations of flushability In issuing regulations under subsection (b), the Administrator shall prohibit, with respect to a covered wipe product, the representation or marketing of flushable attributes, performance, or efficacy benefits. (g) Compliance with other requirements (1) FIFRA requirements In issuing regulations under subsection (b), the Administrator shall include, with respect to a covered wipe product that contains a pesticide required to be registered under the Federal Insecticide, Fungicide, and Rodenticide Act ( 7 U.S.C. 136 (A) Instructions describing how such a covered wipe product may comply with the requirements of that Act and the regulations issued under subsection (b). (B) A requirement that, not later than 90 days after the date on which regulations are issued under subsection (b), a covered entity shall submit for approval by the Administrator a product label compliant with the instructions under subparagraph (A). (2) Type size (A) FIFRA In issuing regulations under subsection (b), the Administrator shall require, in the case of a covered wipe product described in paragraph (1) that (by operation of requirements under the Federal Insecticide, Fungicide, and Rodenticide Act ( 7 U.S.C. 136 keep out of reach of children (B) FHSA In issuing regulations under subsection (b), the Administrator shall ensure that if a covered wipe product is subject to a labeling requirement under section 2(p)(1) of the Federal Hazardous Substances Act ( 15 U.S.C. 1261(p)(1) (h) Applicability The Administrator shall provide that the regulations issued under subsection (b) shall apply with respect to covered wipe products manufactured on or after the date that is 90 days after the date on which those regulations are issued. (i) Penalty The Administrator may impose fines for purposes of enforcing this section in accordance with the following: (1) A fine of not more than $2,500 for each day that a violation of this section occurs. (2) In no event may the total amount of fines imposed for a single violation of this section exceed $100,000. 12306. Recycling and composting receptacle labeling (a) Purpose The purpose of this section is to establish guidelines for a national standardized labeling system for the development of labels for recycling and composting receptacles that use a methodology that is consistent throughout the United States to assist members of the public in properly recycling and composting. (b) Definitions In this section: (1) Public space The term public space (2) Recycling or composting receptacle The term recycling or composting receptacle (3) Residential recycling and composting program The term residential recycling and composting program (c) Guidelines Not later than 2 years after the date of enactment of this subtitle, the Administrator shall develop and publish guidelines for a national standardized labeling system for an Organization to use to develop labels that— (1) use a national standardized methodology of colors, images, format, and terminology, including to address diverse ethnic populations; (2) shall be placed on recycling and composting receptacles in public spaces and the service area of the Organization in accordance with paragraphs (1)(D) and (2) of subsection (e); and (3) communicate to users of those recycling and composting receptacles— (A) the specific recyclables and compostables that the Organization accepts; and (B) the specific rules of sorting for that Organization. (d) Development of labels (1) In general Each Organization in the United States shall, in accordance with the guidelines published under subsection (c), use the national standardized labeling system to develop labels for use on recycling and composting receptacles in public spaces and the service area of the Organization to communicate to users of those recycling and composting receptacles— (A) the specific recyclables and compostables that the Organization accepts; and (B) the specific rules of sorting for that Organization. (2) Simple and detailed versions In developing labels under paragraph (1), an Organization shall develop— (A) a simple version of the label for use on recycling and composting receptacles used in public spaces, which shall list the basic recyclables and compostables that the Organization accepts; and (B) a detailed version of the label for use on recycling and composting receptacles used as part of a residential recycling and composting program, taking into consideration the complexity of the packaging and products disposed of by single family dwellings and multifamily dwellings and facilities. (e) Distribution of labels (1) Simple version (A) In general An Organization shall distribute the simple version of the label developed by that Organization under subsection (d)(2)(A) to each customer of that Organization that owns or operates a public space in the service area of the Organization. (B) Quantity The quantity of labels distributed to an owner or operator of a public space under subparagraph (A) shall be reasonably sufficient to ensure that a label may be placed on each recycling and composting receptacle in that public space. (C) Additional labels If the quantity of labels distributed under subparagraph (B) is insufficient, an Organization shall make available to owners and operators described in subparagraph (A) additional labels to purchase or download. (D) Requirement of owners and operators An owner or operator of a public space that receives labels under subparagraph (A) shall display the labels on the recycling and composting receptacles in that public space. (2) Detailed version An Organization or municipality, as applicable, that services a residential recycling and composting program in the area served by an Organization shall display a detailed standardized label developed by that Organization under subsection (d)(2)(B) on each recycling and composting receptacle used by the residential recycling and composting program. 12307. Prohibition on certain exports of waste No person may export from the United States plastic waste, plastic parings, or scraps of plastic— (1) to a country that is not a member of the Organization for Economic Cooperation and Development; (2) without the prior informed consent of the relevant authorities in a receiving country that is a member of the Organization for Economic Cooperation and Development, if those exports— (A) are not of a single, nonhalogenated plastic polymer; (B) are contaminated with greater than 0.5 percent of— (i) other plastics; or (ii) other materials, including— (I) labels, adhesives, varnishes, waxes, inks, and paints; and (II) composite materials mixing plastics with nonplastic materials; or (C) are to be re-exported to a country that is not a member of the Organization for Economic Cooperation and Development; or (3) that are contaminated with— (A) hazardous chemicals; (B) effective beginning on February 1, 2023, toxic substances; or (C) other substances, to the extent that the export becomes hazardous waste. IV Local Government Efforts 12401. Protection of local governments Nothing in this subtitle or section 4056 (1) requires the collection and recycling of recyclables in a greater quantity than required under section 12105(g); (2) prohibits the sale or distribution of products that are not prohibited under part II; (3) requires products to be made of a greater percentage of post-consumer recycled content than required under section 12302; (4) imposes a fee or other charge for products not subject to taxation under section 4056 (5) in any way exceeds the requirements of this subtitle. 12402. Clean Communities Program The Administrator shall establish a program, to be known as the Clean Communities Program (1) identifying concentrated areas of pollution in that unit of local government; and (2) implementing source reduction solutions. V Reduction of Other Sources of Plastic Pollution 12501. Study and action on derelict fishing gear (a) Report Not later than 2 years after the date of enactment of this subtitle, the Under Secretary of Commerce for Oceans and Atmosphere (referred to in this section as the Under Secretary (1) an analysis of the scale of fishing gear losses by United States and foreign fisheries, including— (A) the variance in the quantity of gear lost among— (i) domestic and foreign fisheries; (ii) types of fishing gear; and (iii) methods of fishing; (B) the means by which lost fishing gear is transported by ocean currents; and (C) common reasons that fishing gear is lost; (2) an evaluation of the ecological, human health, and maritime safety impacts of derelict fishing gear, and how those impacts vary across— (A) types of fishing gear; (B) materials used to construct fishing gear; and (C) geographic location; (3) recommendations on management measures— (A) to prevent fishing gear losses; and (B) to reduce the impacts of lost fishing gear; (4) an assessment of the cost of implementing management measures described in paragraph (3); and (5) an assessment of the impact of fishing gear loss attributable to foreign countries. (b) Publication On submission of the report under subsection (a), the Under Secretary shall publish in the Federal Register for public comment— (1) the report; and (2) a description of the actions the Under Secretary intends to take during the 1-year period after the date of publication to reduce litter from, and the environmental impacts of, commercial fishing gear. 12502. Mandatory filtration standard for clothes washers (a) Definitions In this section: (1) Built-in filtration unit The term built-in filtration unit (2) Commercial clothes washing business The term commercial clothes washing business (3) Low-income individual The term low-income individual 29 U.S.C. 3102 (4) Required filtration unit The term required filtration unit (5) Retrofit filtration unit The term retrofit filtration unit (A) is an-line filtration unit; and (B) may be retrofit onto an existing clothes washer. (b) Filtration units required (1) Commercial, industrial, and government-contracted clothes washers (A) In general The Administrator shall ensure that— (i) not later than January 1, 2023, each government-contracted commercial clothes washer has a required filtration unit; and (ii) not later than January 1, 2024, each commercial clothes washer and industrial clothes washer has a required filtration unit. (B) New or retrofit The requirement under subparagraph (A) may be met by— (i) the installation of a retrofit filtration unit on a previously purchased clothes washer; or (ii) the purchase of a new clothes washer that has a built-in filtration unit. (2) General requirement The Administrator shall ensure that all new clothes washers, including residential clothes washers, sold in interstate commerce in the United States on and after January 1, 2025, have built-in filtration units. (c) Grant, loan, and funding programs (1) Government-contracted clothes washers The Administrator shall coordinate funding among other Federal agencies to ensure that the Federal Government meets the requirement under subsection (b)(1)(A)(i). (2) Commercial and industrial clothes washers The Administrator may provide low-interest or forgivable loans to commercial clothes washing businesses to meet the requirement under subsection (b)(1)(A)(ii). (3) Individuals The Administrator may provide grants, low-interest loans, or some combination of grants and low-interest loans to low-income individuals to assist low-income individuals in replacing a clothes washer without a built-in filtration unit with a clothes washer that has a built-in filtration unit. (d) Authorization of appropriations There are authorized to be appropriated to the Administrator such sums as are necessary to carry out this section. 12503. Study and action on microfiber pollution reduction (a) In general Not later than 1 year after the date of enactment of this subtitle, the Administrator, in consultation with the heads of relevant Federal agencies, shall establish a competitive grant program to provide grants to eligible entities described in subsection (c) to carry out microfiber pollution reduction projects in accordance with this section. (b) Objectives To be eligible for a grant under subsection (a), a microfiber pollution reduction project shall accomplish 1 or more of the following objectives: (1) Improve industry and manufacturing best practices to reduce the generation of microfiber pollution— (A) during— (i) the production of textiles; (ii) the lifetime use of textiles; or (iii) the washing and cleaning of textiles; and (B) with a focus on increasing the use of recycled fibers. (2) Improve filtration technology for the removal of microfiber pollution from— (A) washing machines; or (B) wastewater treatment plants. (c) Eligible entities An entity that is eligible to receive a grant under subsection (a) is— (1) an institution of higher education; (2) a nonprofit organization; (3) a State, local, or Tribal government; (4) a for-profit organization; (5) a State agency responsible for managing wastewater treatment plants; or (6) a Federal agency that has statutory authority to receive transfers of funds. (d) Priority In awarding grants under subsection (a), the Administrator shall give priority to a project that achieves more than 1 of the objectives described in subsection (b). (e) Report Not later than 2 years after the date on which the first grant is provided under subsection (a), the Administrator shall submit to Congress a report describing the results of the microfiber pollution reduction projects conducted under this section. (f) Authorization of appropriations There are authorized to be appropriated such sums as are necessary to carry out this section. 12504. Microplastics pilot program (a) Definition of microplastic In this section, the term microplastic (b) Establishment The Administrator shall establish a pilot program (referred to in this section as the pilot program (1) to remove microplastics from the environment; and (2) to prevent the release of microplastics into the environment. (c) Requirements In carrying out the pilot program, the Administrator shall include the testing of— (1) natural infrastructure; (2) green infrastructure (as defined in section 502 of the Federal Water Pollution Control Act ( 33 U.S.C. 1362 (3) mechanical removal systems (such as pumps) and filtration technologies. (d) Eligible pilot program locations In carrying out the pilot program, the Administrator may carry out projects located in— (1) stormwater systems; (2) wastewater treatment facilities; (3) drinking water systems; (4) ports, harbors, inland waterways, estuaries, and marine environments; and (5) roadways, highways, and other streets used for vehicular travel. (e) Outreach In determining selection criteria and projects to carry out under the pilot program, the Administrator shall conduct outreach to— (1) the Interagency Marine Debris Coordinating Committee established under section 5(a) of the Marine Debris Act ( 33 U.S.C. 1954(a) (2) stakeholders and experts in the applicable field, as determined by the Administrator. (f) Reports (1) Initial report Not later than 180 days after the date of enactment of this subtitle, the Administrator shall submit to Congress a report describing the outreach conducted under subsection (e). (2) Subsequent report Not later than 3 years after the date on which the Administrator establishes the pilot program, the Administrator shall submit to Congress a report describing the effectiveness of projects carried out under the pilot program. (g) Authorization of appropriations There are authorized to be appropriated such sums as are necessary to carry out this section. 12505. Grant program to support innovation in packaging reduction and reuse (a) In general Not later than 1 year after the date of enactment of this subtitle, the Administrator shall establish a competitive grant program (referred to in this section as the program (b) Objectives To be eligible for a grant under the program, a pilot-scale packaging reduction or reuse project shall evaluate the efficacy and cost-effectiveness of tools, technologies, and techniques for 1 or more of the following objectives: (1) Expanding reuse and refill programs for— (A) cleaning materials; (B) bulk food products; and (C) beverages. (2) Assessing best practices for eliminating or reducing the use of plastic produce bags. (3) Expanding consumer knowledge of reuse and refill programs. (4) Otherwise eliminating or reducing the use of single-use plastic bags, as determined by the Administrator. (c) Eligible entities To be eligible to receive a grant under the program, an entity shall be— (1) an institution of higher education; (2) a nonprofit organization; (3) a State, local, or Tribal government; (4) a for-profit organization; or (5) a public-private partnership. (d) Priorities In awarding grants under the program, the Administrator shall— (1) give priority to a project that achieves more than 1 of the objectives described in subsection (b); and (2) ensure that a grant is provided to carry out a project in each region of the Environmental Protection Agency. (e) Report Not later than 3 years after the date on which the Administrator establishes the program, the Administrator shall submit to Congress a report describing the effectiveness of the projects carried out under the program. (f) Authorization of appropriations There are authorized to be appropriated from the Reduction, Recycling, and Litter Cleanup Trust Fund established by section 9512 12506. Report on reuse and refill product delivery systems (a) In general Not later than 3 years after the date of enactment of this subtitle, and every 5 years thereafter, the Administrator shall make publicly available a report on feasability and best practices relating to reuse and reusability within the following sectors: (1) Food service, including— (A) take out; (B) delivery of prepared meals; and (C) meal kits. (2) Consumer food and beverage products. (3) Consumer cleaning products. (4) Consumer personal care products. (5) Transportation or shipping of wholesale and retail goods. (6) Other sectors, as identified by the Administrator. (b) Objectives The report under subsection (a) shall evaluate and summarize— (1) types of reuse and refill product delivery systems that can be best used at different scales; (2) job creation opportunities through the use or expansion of reuse and refill systems; (3) economic costs and benefits for— (A) the businesses that deploy reuse and refill technologies; and (B) the parties responsible for waste collection and management; and (4) types of local, State, and Federal support needed to expand the use of reuse and refill systems. . (b) Clerical amendment The table of contents for the Solid Waste Disposal Act ( Public Law 89–272 Subtitle K—Producer Responsibility for Products and Packaging Sec. 12001. Definitions. Part I—Products in the Marketplace Sec. 12101. Extended producer responsibility. Sec. 12102. Producer Responsibility Organizations. Sec. 12103. Covered product management. Sec. 12104. National beverage container program. Sec. 12105. Product Stewardship Plans. Sec. 12106. Outreach and education. Sec. 12107. Reporting. Part II—Reduction of Single-Use Products Sec. 12201. Prohibition on single-use plastic carryout bags. Sec. 12202. Reduction of other single-use products. Sec. 12203. Study and action on plastic tobacco filters and electronic cigarettes. Part III—Recycling and Composting Sec. 12301. Recycling and composting collection. Sec. 12302. Requirements for the production of products containing recycled content. Sec. 12303. Designing for the environment. Sec. 12304. Product labeling. Sec. 12305. Do Not Flush Sec. 12306. Recycling and composting receptacle labeling. Sec. 12307. Prohibition on certain exports of waste. Part IV—Local Government Efforts Sec. 12401. Protection of local governments. Sec. 12402. Clean Communities Program. Part V—Reduction of Other Sources of Plastic Pollution Sec. 12501. Study and action on derelict fishing gear. Sec. 12502. Mandatory filtration standard for clothes washers. Sec. 12503. Study and action on microfiber pollution reduction. Sec. 12504. Microplastics pilot program. Sec. 12505. Grant program to support innovation in packaging reduction and reuse. Sec. 12506. Report on reuse and refill product delivery systems. . 3. Imposition of tax on carryout bags (a) General rule Chapter 31 D Carryout Bags Sec. 4056. Imposition of tax. 4056. Imposition of tax (a) General rule There is hereby imposed on any retail sale a tax on each carryout bag provided to a customer by an applicable entity. (b) Amount of tax The amount of tax imposed by subsection (a) shall be $0.10 per carryout bag. (c) Liability for tax The applicable entity shall be liable for the tax imposed by this section. (d) Definitions For purposes of this section— (1) Applicable entity (A) In general Subject to subparagraph (B), the term applicable entity (i) any restaurant (as defined in section 12001 of the Solid Waste Disposal Act), or (ii) any business which— (I) sells food, alcohol, or any other good or product to the public at retail, or (II) elects to comply with the requirements under this section. (B) Exception (i) In general For purposes of this section, the term applicable entity (ii) Waiver The Secretary shall prescribe rules providing for the waiver of application of this section with respect to any State, or any local government or political subdivision thereof, which has enacted a tax or fee on the provision of carryout bags which is similar to the tax imposed under this section. (2) Carryout bag (A) In general The term carryout bag (B) Exceptions Such term shall not include any product described in section 12201(a)(2)(C) of the Solid Waste Disposal Act. (e) Bag tax stated separately on receipt The tax imposed by subsection (a) shall be separately stated on the receipt of sale provided to the customer. (f) Exceptions The tax imposed under subsection (a) shall not apply to any carryout bag that is provided to a customer as part of a transaction in which the customer is purchasing any item using benefits received under the supplemental nutrition assistance program established under the Food and Nutrition Act of 2008 ( 7 U.S.C. 2011 42 U.S.C. 1786 (g) Penalties (1) Written notification for first violation If any applicable entity fails to collect the tax imposed under subsection (a) or satisfy the requirements under subsection (e), the Secretary shall provide such entity with written notification regarding the violation of the requirements under such subsections. (2) Subsequent violations (A) In general If any applicable entity, subsequent to receiving a written notification described in paragraph (1), fails to collect the tax imposed under subsection (a) or satisfy the requirements under subsection (e), such entity shall pay a penalty in addition to the tax imposed under this section. (B) Amount of penalty For each violation during a calendar year, the amount of the penalty under subparagraph (A) shall be— (i) in the case of the first violation, $250, (ii) in the case of the second violation, $500, and (iii) in the case of the third violation or any subsequent violation, $1,000. (C) Limitation In the case of any applicable entity with less than $1,000,000 in total revenue for the year preceding the imposition of any penalty under this paragraph, any such penalty may not be imposed under this paragraph more than once during any 7-day period. (h) Rule of construction Nothing in this section or any regulations promulgated under this section shall preempt, limit, or supersede, or be interpreted to preempt, limit, or supersede— (1) any law or regulation relating to any tax or fee on carryout bags which is imposed by a State or local government entity, or any political subdivision, agency, or instrumentality thereof, or (2) any additional fees imposed by any applicable entity on carryout bags provided to its customers. . (b) Carryout bag credit program Subchapter B of chapter 65 of such Code is amended by adding at the end the following new section: 6431. Carryout bag credit program (a) Allowance of credit If— (1) tax has been imposed under section 4056 on any carryout bag, (2) an applicable entity provides such bag to a customer in a point of sale transaction, and (3) such entity has kept and can produce records for purposes of this section and section 4056 that include— (A) the total number of carryout bags provided to customers for which the tax was imposed under section 4056(a) and the amounts passed through to customers for such bags pursuant to section 4056(e), and (B) the total number of bags for which a refund was provided to customers pursuant to a carryout bag credit program, the Secretary shall pay (without interest) to such entity an amount equal to the applicable amount for each bag provided by such entity in connection with a point of sale transaction. (b) Applicable amount For purposes of subsection (a), the applicable amount is an amount equal to— (1) in the case of an applicable entity that has established a carryout bag credit program, $0.10, and (2) in the case of an applicable entity that has not established a carryout bag credit program, $0.04. (c) Carryout bag credit program For purposes of this section, the term carryout bag credit program (1) for each bag provided by the customer to package any items purchased from the applicable entity, such entity refunds such customer $0.05 for each such bag from the total cost of their purchase, (2) separately states the amount of such refund on the receipt of sale provided to the customer, and (3) prominently advertises such program at each entrance and checkout register of the applicable entity. (d) Definitions For purposes of this section, the terms applicable entity carryout bag . (c) Establishment of trust fund Subchapter A of chapter 98 of such Code is amended by adding at the end the following: 9512. Reduction, recycling, and litter cleanup 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 Reduction, Recycling, and Litter Cleanup Trust Fund Trust Fund (b) Transfers to trust fund There is hereby appropriated to the Trust Fund amounts equivalent to— (1) the amounts received in the Treasury pursuant to section 4056; and (2) the amounts determined by the Secretary to be equivalent to the amounts of fees collected under section 12303(c) of the Solid Waste Disposal Act. (c) Expenditures from trust fund Amounts in the Trust Fund shall be available, as provided by appropriation Acts, for— (1) making payments under section 6431, (2) making grants for— (A) reusable carryout bags, and (B) recycling, reuse, and composting infrastructure and litter cleanup, and (3) carrying out the grant program to support innovation in packaging reduction and reuse under section 12505 of the Solid Waste Disposal Act. . (d) Study Not later than the date which is 18 months after the date of enactment of this Act, the Comptroller General of the United States shall conduct a study on the effectiveness of sections 4056, 6431, and 9512 of the Internal Revenue Code of 1986 (as added by this Act) at reducing the use of carryout bags and encouraging the use of reusable bags. The report shall address— (1) the use of plastic or paper single-use carryout bags during the period preceding the enactment of such sections, (2) the effect of such sections on the citizens and residents of the United States, including— (A) the percentage reduction in the use of plastic or paper single-use carryout bags as a result of the enactment of such sections, (B) the opinion among citizens and residents of the United States regarding the effect of such sections, disaggregated by race and income level, and (C) the amount of substitution between other types of plastic bags for single-use carryout bags, (3) measures that the Comptroller General determines may increase the effectiveness of such sections, including the amount of tax imposed on each carryout bag, and (4) any effects, both positive and negative, on United States businesses as a result of the enactment of such sections, including costs, storage space, and changes in paper bag usage. The Comptroller General shall submit a report of such study to the Committee on Ways and Means of the House of Representatives and the Committee on Finance of the Senate. (e) Clerical amendments (1) The table of subchapters for chapter 31 of such Code is amended by inserting after the item relating to subchapter C the following new item: Subchapter D. Carryout bags. . (2) The table of sections for subchapter B of chapter 65 of such Code is amended by adding at the end the following new item: Sec. 6431. Carryout bag credit program. . (3) The table of sections for subchapter A of chapter 98 of such Code is amended by adding at the end the following new item: Sec. 9512. Reduction, recycling, and litter cleanup trust fund. . (f) Effective date The amendments made by this section shall take effect on January 1, 2023. 4. Clean air, clean water, and environmental justice (a) Definitions In this section: (1) Administrator The term Administrator (2) Covered facility The term covered facility (A) an industrial facility that transforms natural gas liquids into ethylene and propylene for later conversion into plastic polymers; (B) a plastic polymerization or polymer production facility; (C) an industrial facility that repolymerizes plastic polymers into chemical feedstocks for use in new products or as fuel; and (D) an industrial facility that generates fuel or energy from plastic polymers through waste-to-fuel technology, an incinerator, or other similar technology, as determined by the Administrator. (3) Covered products The term covered plastic (A) ethylene; (B) propylene; (C) polyethylene in any form (including pellets, resin, nurdle, powder, and flakes); (D) polypropylene in any form (including pellets, resin, nurdle, powder, and flakes); (E) polyvinyl chloride in any form (including pellets, resin, nurdle, powder, and flakes); or (F) other plastic polymer raw materials in any form (including pellets, resin, nurdle, powder, and flakes). (4) Environmental justice The term environmental justice (A) communities of color, indigenous communities, and low-income communities have access to public information and opportunities for meaningful public participation with respect to human health and environmental planning, regulations, and enforcement; (B) no community of color, indigenous community, or low-income community is exposed to a disproportionate burden of the negative human health and environmental impacts of pollution or other environmental hazards; and (C) the 17 principles described in the document entitled The Principles of Environmental Justice (5) Fenceline monitoring The term fenceline monitoring (6) Frontline community (A) In general The term frontline community (B) Inclusions The term frontline community (7) Material recovery facility The term material recovery facility (8) Renewable energy The term renewable energy (9) Secretary The term Secretary (10) Single-use plastic (A) In general The term single-use plastic (B) Exclusions The term single-use plastic (i) medical food, supplements, devices, or other products determined by the Secretary of Health and Human Services to necessarily be made of plastic for the protection of public health; or (ii) packaging that is— (I) for any product described in clause (i); or (II) used for the shipment of hazardous materials that is prohibited from being composed of used materials under section 178.509 or section 178.522 of title 49, Code of Federal Regulations (as in effect on the date of enactment of this Act). (11) Temporary pause period The term temporary pause period (A) beginning on the date of enactment of this Act; and (B) ending on the date that is the first date on which all regulations required under subsections (d) and (e) are in effect. (12) Zero-emissions energy (A) In general The term zero-emissions energy (B) Exclusions The term zero-emissions energy (i) a waste-to-energy technology; (ii) an incinerator; or (iii) any other similar technology, as determined by the Administrator. (b) Temporary pause (1) In general Subject to paragraph (2), during the temporary pause period, notwithstanding any other provision of law— (A) the Administrator shall not issue a new permit for a covered facility under— (i) the Clean Air Act ( 42 U.S.C. 7401 (ii) the Federal Water Pollution Control Act ( 33 U.S.C. 1251 (B) the Secretary shall not issue a new permit for a covered facility under section 404 of the Federal Water Pollution Control Act ( 33 U.S.C. 1344 (C) the Administrator shall object in writing under subsections (b) and (c) of section 505 of the Clean Air Act ( 42 U.S.C. 7661d 33 U.S.C. 1342(d)(2) 42 U.S.C. 7401 33 U.S.C. 1251 (D) subject to subsection (g), the export of covered products is prohibited. (2) Exception Paragraph (1) does not apply to a permit described in that paragraph for a facility that is— (A) a material recovery facility; or (B) a compost facility. (c) Study (1) In general (A) Agreement The Administrator shall offer to enter into an agreement with the National Academy of Sciences and the National Institutes of Health to conduct a study of— (i) the existing and planned expansion of the industry of the producers of covered products, including the entire supply chain, the extraction and refining of feedstocks, end uses, disposal fate, and lifecycle impacts of covered products; (ii) the environmental justice and pollution impacts of covered facilities and the products of covered facilities; (iii) the existing standard technologies and practices of covered facilities with respect to the discharge and emission of pollutants into the environment; and (iv) the best available technologies and practices that reduce or eliminate the environmental justice and pollution impacts of covered facilities and the products of covered facilities. (B) Failure to enter agreement If the Administrator fails to enter into an agreement described in subparagraph (A), the Administrator shall conduct the study described in that subparagraph. (2) Requirements The study under paragraph (1) shall— (A) consider— (i) the direct, indirect, and cumulative environmental impacts of the industries of covered facilities to date; and (ii) the impacts of the planned expansion of those industries, including local, regional, national, and international air, water, waste, climate change, public health, and environmental justice impacts of those industries; and (B) recommend technologies, standards, and practices to remediate or eliminate the local, regional, national, and international air, water, waste, climate change, public health, and environmental justice impacts of covered facilities and the industries related to covered facilities. (3) Report Not later than 18 months after the date of enactment of this Act, the Administrator shall submit to Congress a report describing the results of the study under paragraph (1). (d) Clean air (1) Timely revision of emissions standards Section 111(b)(1)(B) of the Clean Air Act ( 42 U.S.C. 7411(b)(1)(B) (2) National source performance standards implementation improvements (A) Zero-emissions energy Not later than 3 years after the date of enactment of this Act, the Administrator shall promulgate a final rule requiring that— (i) covered facilities that manufacture olefins, including ethylene and propylene, use only zero-emissions energy sources, except to the extent that waste gases are recycled; and (ii) covered facilities that manufacture low-density polyethylene, linear low-density polyethylene, high-density polyethylene, styrene, vinyl chloride, or synthetic organic fibers use only zero-emissions energy sources, except to the extent that waste gases are recycled, unless the Administrator— (I) determines that under certain conditions (such as during the commencement or shut down of production at a covered facility), expenditures of energy that are not from zero-emissions energy sources are required; and (II) publishes the determination under subclause (I) and a proposed mixture of zero-emissions energy and non-zero-emissions energy for those conditions in a rulemaking. (B) New source performance standards for certain facilities Not later than 3 years after the date of enactment of this Act, the Administrator shall promulgate a final rule— (i) designating ethylene, propylene, polyethylene, and polypropylene production facilities as a category of stationary source under section 111(b)(1)(A) of the Clean Air Act ( 42 U.S.C. 7411(b)(1)(A) (ii) establishing new source performance standards for the category of stationary source designated under clause (i) under section 111(f)(1) of the Clean Air Act ( 42 U.S.C. 7411(f)(1) (C) Storage vessels for covered products Not later than 3 years after the date of enactment of this Act, the Administrator shall promulgate a final rule modifying section 60.112b(a) of title 40, Code of Federal Regulations (as in effect on the date of enactment of this Act), to ensure that an owner or operator of a storage vessel containing liquid with a vapor pressure of equal to or more than 5 millimeters of mercury under actual storage conditions that is regulated under that section uses— (i) an internal floating roof tank connected to a volatile organic compound control device; or (ii) a fixed-roof tank connected to a volatile organic compound control device. (D) Flaring Not later than 30 days after the date of enactment of this Act, the Administrator shall promulgate a final rule— (i) modifying title 40, Code of Federal Regulations (as in effect on the date of enactment of this Act), to ensure that flaring, either at ground-level or elevated, shall only be permitted when necessary solely for safety reasons; and (ii) modifying sections 60.112b(a)(3)(ii), 60.115b(d)(1), 60.482–10a(d), 60.662(b), 60.702(b), and 60.562–1(a)(1)(i)(C) of title 40, Code of Federal Regulations (as in effect on the date of enactment of this Act), to ensure that— (I) references to flare standards under those sections refer to the flare standards established under clause (i); and (II) the flare standards under those sections are, without exception, continuously applied. (E) SOCMI equipment leaks Not later than 3 years after the date of enactment of this Act, the Administrator shall promulgate a final rule— (i) modifying section 60.482–1a of title 40, Code of Federal Regulations (as in effect on the date of enactment of this Act), to ensure that owners and operators use process units and components with a leak-less or seal-less design; (ii) modifying section 60.482–1a(f) of title 40, Code of Federal Regulations (as in effect on the date of enactment of this Act), to ensure that owners and operators use optical gas imaging monitoring pursuant to section 60.5397a of title 40, Code of Federal Regulations (as in effect on the date of enactment of this Act), on a quarterly basis, unless the owner or operator receives approval from the Administrator in writing to use Method 21 of the Environmental Protection Agency (as described in appendix A–7 of part 60 of title 40, Code of Federal Regulations (as in effect on the date of enactment of this Act)) with a repair threshold of 500 parts per million; (iii) modifying 60.482–6a of title 40, Code of Federal Regulations (as in effect on the date of enactment of this Act), to ensure that the use of open-ended valves or lines is prohibited except if a showing is made that the use of an open-ended valve or line is necessary for safety reasons; and (iv) modifying subpart VVa of part 60 of title 40, Code of Federal Regulations (as in effect on the date of enactment of this Act) to ensure that— (I) the term no detectable emissions (II) the term leak (F) Natural-gas fired steam boilers Not later than 3 years after the date of enactment of this Act, the Administrator shall promulgate a final rule revising subpart Db of part 60 of title 40, Code of Federal Regulations (as in effect on the date of enactment of this Act), to ensure that boilers or heaters located at an affected covered facility regulated under that subpart may only burn gaseous fuels, not solid fuels or liquid fuels. (G) Monitoring Not later than 3 years after the date of enactment of this Act, the Administrator shall promulgate a final rule revising subparts DDD, NNN, RRR, and other relevant subparts of part 60 of title 40, Code of Federal Regulations (as in effect on the date of enactment of this Act)— (i) to require continuous emissions monitoring of nitrogen oxides, sulfur dioxide, carbon monoxide, and filterable particulate matter for all combustion devices except for non-enclosed flares, including during startups, shutdowns, and malfunctions of the facilities regulated by those subparts; (ii) to require— (I) accurate and continuous recordkeeping when continuous monitoring is required under clause (i); and (II) the records required under subclause (I) to be made available to the public; and (iii) to require fenceline monitoring under section 63.658 of title 40, Code of Federal Regulations (as in effect on the date of enactment of this Act), for nitrogen oxides, sulfur dioxide, carbon monoxide, filterable and condensable particulate matter, and all other relevant hazardous air pollutants. (3) National emission standards for hazardous air pollutants implementation improvements (A) Equipment leaks of benzene Not later than 3 years after the date of enactment of this Act, the Administrator shall promulgate a final rule modifying section 61.112 of title 40, Code of Federal Regulations (as in effect on the date of enactment of this Act) that strikes subsection (c). (B) Benzene waste operations Not later than 3 years after the date of enactment of this Act, the Administrator shall promulgate a final rule modifying subpart FF of part 61 of title 40, Code of Federal Regulations (as in effect on the date of enactment of this Act), to ensure that— (i) the term no detectable emissions (ii) the term leak (C) Maximum achievable control technology standards for covered facilities Not later than 3 years after the date of enactment of this Act, the Administrator shall— (i) promulgate a final rule modifying subpart YY of part 63 of title 40, Code of Federal Regulations (as in effect on the date of enactment of this Act), to ensure that— (I) the generic maximum achievable control technology standards described in that subpart— (aa) require no detectable emissions of hazardous air pollutants, unless the Administrator— (AA) determines that the maximum degree of reduction in emissions of hazardous air pollutants achievable pursuant to section 112(d)(2) of the Clean Air Act ( 42 U.S.C. 7412(d)(2) (BB) publishes the determination under subitem (AA) and the proposed higher limits in a rulemaking; (bb) ensure an ample margin of safety to protect public health and prevent an adverse environmental effect; and (cc) prevent adverse cumulative effects to fetal health, the health of children, and the health of vulnerable subpopulations; and (II) the term no detectable emissions (ii) in promulgating the final rule required in clause (i)(I), consider— (I) the effects and risks of exposure from multiple sources of hazardous air pollutants under the subpart modified under that clause; and (II) the best available science, including science provided by the National Academies of Science. (e) Clean water (1) Revised effluent limitation guidelines for the organic chemical, plastics, and synthetic fibers industrial category (A) BAT and NSPS standards for plastic polymer production Not later than 3 years after the date of enactment of this Act, the Administrator shall promulgate a final rule— (i) that ensures that the best available technology limitations described in part 414 of title 40, Code of Federal Regulations (as modified under clause (ii)) applies to covered facilities that produce fewer than 5,000,001 pounds of covered products per year; (ii) modifying part 414 of title 40, Code of Federal Regulations (as in effect on the date of enactment of this Act), to ensure that the best available technology and new source performance standard requirements under that part reflect updated best available technology and best available demonstrated control technology for all pollutants discharged by covered facilities that produce covered products, including pollutants of concern that are not regulated on the date of enactment of this Act; and (iii) modifying sections 414.91(b), 414.101(b), and 414.111(b) of title 40, Code of Federal Regulations (as in effect on the date of enactment of this Act) to ensure that— (I) for new source performance standards for applicable covered facilities producing covered products, the maximum effluent limit for any 1 day and for any monthly average for the priority pollutants described in appendix A to part 423 of title 40, Code of Federal Regulations (as in effect on the date of enactment of this Act), is 0 milligrams per liter unless the Administrator— (aa) determines that higher limits are justified using best available demonstrated control technology; and (bb) publishes the determination under item (aa) and the proposed higher limits in a rulemaking; and (II) for best available technology and new source performance standards, the maximum effluent limit for any 1 day and for any monthly average for total plastic pellets and other plastic material is 0 milligrams per liter. (B) Effluent limitations for wastewater, spills, and runoff from plastic polymer production facilities, plastic molding and forming facilities, and other point sources associated with the transport and packaging of plastic pellets or other pre-production plastic materials Not later than 60 days after the date of enactment of this Act, the Administrator shall promulgate a final rule to ensure that— (i) the discharge of plastic pellets or other pre-production plastic materials (including discharge into wastewater and other runoff) from facilities regulated under part 414 or 463 of title 40, Code of Federal Regulations (as in effect on the date of enactment of this Act), is prohibited; (ii) the discharge of plastic pellets or other pre-production plastic materials (including discharge into wastewater and other runoff) from a point source (as defined in section 502 of the Federal Water Pollution Control Act ( 33 U.S.C. 1362 (iii) the requirements under clauses (i) and (ii) are reflected in— (I) all wastewater, stormwater, and other permits issued by the Administrator and State-delegated programs under section 402 of the Federal Water Pollution Control Act ( 33 U.S.C. 1342 33 U.S.C. 1362 (II) all standards of performance promulgated under section 312(p) of the Federal Water Pollution Control Act ( 33 U.S.C. 1322(p) 33 U.S.C. 1362 (2) Revised effluent limitations guidelines for ethylene and propylene production (A) BAT and NSPS standards Not later than 3 years after the date of enactment of this Act, the Administrator shall promulgate a final rule— (i) modifying sections 419.23, 419.26, 419.33, and 419.36 of title 40, Code of Federal Regulations (as in effect on the date of enactment of this Act), to ensure that the best available technology and new source performance standards reflect updated best available technology and best available demonstrated control technology for all pollutants discharged by covered facilities producing ethylene or propylene; and (ii) modifying sections 419.26(a) and 419.36(a) of title 40, Code of Federal Regulations (as in effect on the date of enactment of this Act), to ensure that the new source performance standards for any 1 day and for average of daily values for 30 consecutive days for the priority pollutants described in appendix A to part 423 of title 40, Code of Federal Regulations (as in effect on the date of enactment of this Act), is 0 milligrams per liter unless the Administrator— (I) determines that higher limits are necessary based on the best available demonstrated control technology; and (II) the Administrator publishes the determination under item (aa) and the proposed higher limits in a rulemaking. (B) Runoff limitations for ethylene and propylene production Not later than 3 years after the date of enactment of this Act, the Administrator shall promulgate a final rule modifying sections 419.26(e) and 419.36(e) of title 40, Code of Federal Regulations (as in effect on the date of enactment of this Act), to ensure that runoff limitations that reflect best available demonstrated control technology are included. (f) Environmental justice requirements for covered facility permits (1) In general Not later than 3 years after the date of enactment of this Act, the Administrator shall promulgate a final rule to ensure that— (A) any proposed permit to be issued by the Administrator or by a State agency delegated authority under the Clean Air Act ( 42 U.S.C. 7401 33 U.S.C. 1251 (i) assesses the direct and cumulative economic, environmental, and public health impacts of the proposed permit on frontline communities; and (ii) proposes changes or alterations to the proposed permit that would, to the maximum extent practicable, eliminate or mitigate the impacts described in clause (i); (B) each proposed permit and environmental justice assessment described in subparagraph (A) is delivered to applicable frontline communities at the beginning of the public comment period for the proposed permit, which shall include notification— (i) through direct means; (ii) through publications likely to be obtained by residents of the frontline community, including non-English language publications; and (iii) in the form of a public hearing in the frontline community— (I) for which public notice is provided— (aa) not less than 60 days before the date on which the public hearing is to be held; and (bb) using the means described in clauses (i) and (ii); and (II) for which translation services (as defined in section 12001 of the Solid Waste Disposal Act) are provided; and (III) that is accessible through live-streaming or alternative video streaming services for which translation services (as so defined) are provided; (C) the Administrator or a State agency delegated authority under the Clean Air Act ( 42 U.S.C. 7401 33 U.S.C. 1251 (i) changes or alterations have been incorporated into the proposed permit that, to the maximum extent practicable, eliminate or mitigate the environmental justice impacts described in subparagraph (A)(i); and (ii) the changes or alterations described in clause (i) have been developed with meaningful input from residents or representatives of the frontline community in which the covered facility to which the proposed permit would apply is located or seeks to locate; (D) the Administrator or a State agency delegated authority under the Clean Air Act ( 42 U.S.C. 7401 33 U.S.C. 1251 (E) the approval of a proposed permit described in subparagraph (A) is conditioned on the covered facility providing comprehensive fenceline monitoring and response strategies that fully protect public health and safety and the environment in frontline communities. (2) Requirement The Administrator shall develop the final rule required under paragraph (1) with input from— (A) residents of frontline communities; and (B) representatives of frontline communities. (g) Extended producer responsibility for international plastic exports The temporary pause on the export of covered products under subsection (b)(4) shall remain in place until the Secretary of Commerce promulgates a final rule that— (1) requires the tracking of covered products from sale to disposal; (2) prohibits the export of covered products to purchasers that convert those plastics into single-use plastics or energy; (3) requires the Secretary of Commerce, not less frequently than once every 2 years and in consultation with the Administrator and the Secretary of Health and Human Services, to publish a report measuring and evaluating the environmental and environmental justice impacts of exporting covered products from sale to disposal; and (4) establishes enforceable mechanisms for sellers or purchasers of covered products to mitigate the environmental and environmental justice impacts of those covered products from sale to disposal. | Break Free From Plastic Pollution Act of 2021 |
Save America's Clean Energy Jobs Act This bill allows taxpayers to receive direct payments of amounts relating to the tax credit for the production of electricity from renewable resources, the energy tax credit, and the carbon oxide sequestration tax credit in lieu of such credits. | 117 S985 IS: Save America’s Clean Energy Jobs Act U.S. Senate 2021-03-25 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 117th CONGRESS 1st Session S. 985 IN THE SENATE OF THE UNITED STATES March 25, 2021 Mr. Carper Mr. Whitehouse Mr. Heinrich Committee on Finance A BILL To amend the Internal Revenue Code of 1986 to provide direct payments of the renewable electricity production credit, the energy credit, and the carbon oxide sequestration credit. 1. Short title This Act may be cited as the Save America’s Clean Energy Jobs Act 2. Direct payment of renewable electricity production credit and energy credit (a) Renewable electricity production credit (1) In general Section 45(e) (12) Election for direct payment (A) In general In the case of any applicable facility, the amount of any credit determined under subsection (a) with respect to such facility for any taxable year during the period described in paragraph (2)(A)(ii) of such subsection shall, at the election of the taxpayer, be treated as a payment equal to such amount which is made by the taxpayer against the tax imposed by chapter 1 for such taxable year. (B) Applicable facility For purposes of this paragraph, the term applicable facility (i) the construction of which began before January 1, 2023, and (ii) which is originally placed in service after March 25, 2021. (C) Form and effect of election (i) In general An election under subparagraph (A) shall be made in such manner as the Secretary may prescribe and not later than the due date (including extensions) for the return of tax for the taxable year in which the qualified facility is originally placed in service. Such election, once made, shall be irrevocable with respect to such qualified facility for the period described in subsection (a)(2)(A)(ii). (ii) Effect Any election under subparagraph (A) shall, for any taxable year during the period described in subsection (a)(2)(A)(ii), reduce the amount of the credit which would (but for this paragraph) be allowable under this section with respect to such qualified facility for such taxable year to zero. (D) Application to partnerships and S corporations In the case of a partnership or S corporation which makes an election under subparagraph (A)— (i) such subparagraph shall apply with respect to such partnership or corporation without regard to the fact that no tax is imposed by chapter 1 on such partnership or corporation, and (ii) (I) in the case of a partnership, each partner's distributive share of the credit determined under subsection (a) with respect to the qualified facility shall be deemed to be zero, and (II) in the case of a S corporation, each shareholder's pro rata share of the credit determined under subsection (a) with respect to the qualified facility shall be deemed to be zero. . (2) Effective date The amendment made by this subsection shall apply to facilities placed in service after March 25, 2021. (b) Energy credit (1) In general Section 48 (e) Election for direct payment (1) In general In the case of any applicable property placed in service during any taxable year, the amount of any credit determined under subsection (a) with respect to such property for such taxable year shall, at the election of the taxpayer, be treated as a payment equal to such amount which is made by the taxpayer against the tax imposed by chapter 1 for such taxable year (regardless of whether such tax would have been on such taxpayer). (2) Applicable property For purposes of this subsection, the term applicable property (A) the construction of which began before January 1, 2023, and (B) which is originally placed in service after March 25, 2021. Such term shall not include any property if a credit for qualified progress expenditures has been allowed with respect to such property before the date of any election under paragraph (1). (3) Form and effect of election (A) In general An election under paragraph (1) shall be made in such manner as the Secretary may prescribe and not later than the due date (including extensions) for the return of tax for the taxable year in which the applicable property is originally placed in service. Such election, once made, shall be irrevocable with respect to the applicable property. (B) Effect Any election under paragraph (1) shall reduce the amount of the credit which would (but for this subsection) be allowable under this section with respect to such applicable property for the taxable year in which such property is placed in service to zero. The reduction in credit under subparagraph (B) shall not be taken into account for purposes of applying section 50(a) with respect to such property. (4) Application to partnerships and S corporations Rules similar to the rules of section 45(e)(12)(D) shall apply for purposes of this subsection. (5) Regulations and guidance The Secretary shall prescribe such regulations and guidance as may be necessary to carry out this subsection, including regulations or guidance to relating to reporting on the use of applicable property for purposes of administering the recapture under section 50(a) of any refund made by reason of this section. . (2) Effective date The amendment made by this subsection shall apply to property placed in service after March 25, 2021. (c) Carbon oxide sequestration credit (1) In general Section 45Q(f) (8) Election for direct payment (A) In general In the case of any applicable equipment, the amount of any credit determined under subsection (a) with respect to any qualified carbon oxide captured by such equipment for any taxable year during the applicable period shall, at the election of the taxpayer, be treated as a payment equal to such amount which is made by the taxpayer against the tax imposed by chapter 1 for such taxable year. (B) Applicable equipment For purposes of this paragraph, the term applicable equipment (i) which is originally placed in service after March 25, 2021, at a qualified facility the construction of which began before January 1, 2023, and (ii) (I) the construction of which began before January 1, 2023, or (II) which was placed in service at a qualified facility the original planning and design of which included such equipment. (C) Applicable period For purposes of this paragraph, the term applicable period (D) Form and effect of election (i) In general An election under subparagraph (A) shall be made in such manner as the Secretary may prescribe and not later than the due date (including extensions) for the return of tax for the taxable year in which the applicable equipment is originally placed in service. Such election, once made, shall be irrevocable with respect to such applicable equipment for the applicable period. (ii) Effect Any election under subparagraph (A) shall, for any taxable year during the applicable period, reduce the amount of the credit which would (but for this paragraph) be allowable under this section with respect to such applicable equipment for such taxable year to zero. (E) Application to partnerships and S corporations In the case of a partnership or S corporation which makes an election under subparagraph (A)— (i) such subparagraph shall apply with respect to such partnership or corporation without regard to the fact that no tax is imposed by chapter 1 on such partnership or corporation, and (ii) (I) in the case of a partnership, each partner's distributive share of the credit determined under subsection (a) with respect to the qualified carbon oxide captured using such applicable equipment shall be deemed to be zero, and (II) in the case of a S corporation, each shareholder's pro rata share of the credit determined under subsection (a) with respect to the qualified carbon oxide captured using such applicable equipment shall be deemed to be zero. . (2) Effective date The amendment made by this subsection shall apply to property placed in service after March 25, 2021. | Save America’s Clean Energy Jobs Act |
Carbon Capture, Utilization, and Storage Tax Credit Amendments Act of 2021 This bill extends the carbon oxide sequestration tax credit through 2030. It also permits taxpayers to elect to receive a payment in lieu of the tax credits for carbon oxide sequestration and qualifying advanced coal projects. The bill also makes other modifications to certain carbon sequestration credits, including (1) an allowance of carbon sequestration credits against the base erosion minimum tax, (2) modifications to sequestration requirements for certain qualifying advanced coal project credit equipment, and (3) increasing the sequestration credit value for direct air capture projects. | 117 S986 IS: Carbon Capture, Utilization, and Storage Tax Credit Amendments Act of 2021 U.S. Senate 2021-03-25 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 117th CONGRESS 1st Session S. 986 IN THE SENATE OF THE UNITED STATES March 25, 2021 Ms. Smith Mrs. Capito Mr. Whitehouse Mr. Cramer Mr. Schatz Mr. Hoeven Mr. Manchin Mr. Barrasso Mr. Coons Mr. Grassley Mr. Luján Ms. Ernst Mr. Durbin Ms. Klobuchar Committee on Finance A BILL To amend the Internal Revenue Code of 1986 to provide for a 5-year extension of the carbon oxide sequestration credit, and for other purposes. 1. Short title This Act may be cited as the Carbon Capture, Utilization, and Storage Tax Credit Amendments Act of 2021 2. Extension of credit for carbon oxide sequestration Section 45Q(d)(1) January 1, 2026 January 1, 2031 3. Elective payment for carbon oxide sequestration and qualifying advanced coal projects (a) In general Subchapter B of chapter 65 6431. Elective payment for carbon oxide sequestration and qualifying advanced coal projects (a) Energy property In the case of a taxpayer making an election (at such time and in such manner as the Secretary may provide) under this section with respect to any portion of— (1) a carbon oxide sequestration credit which would (without regard to this section) be determined under section 45Q with respect to such taxpayer, or (2) a qualifying advanced coal project credit which would (without regard to this section) be determined under section 48A with respect to such taxpayer, such taxpayer shall be treated as making a payment against the tax imposed by subtitle A for the taxable year equal to the amount of such portion. (b) Timing The payment described in subsection (a) shall be treated as made on the later of the due date of the return of tax for such taxable year or the date on which such return is filed. (c) Exclusion from gross income Gross income of the taxpayer shall be determined without regard to this section. (d) Denial of double benefit Solely for purposes of section 38, in the case of a taxpayer making an election under this section, the carbon oxide sequestration credit determined under section 45Q or the qualifying advanced coal project credit determined under section 48A shall be reduced by the amount of the portion of such credit with respect to which the taxpayer makes such election. (e) Special rules In the case of a taxpayer making an election under this section with respect to the qualifying advanced coal project credit determined under section 48A, the credit subject to such an election shall be determined notwithstanding— (1) section 50(b)(3), and (2) in the case of any entity described in section 50(b)(4)(A)(i), section 50(b)(4). . (b) Special rule for proceeds of transfers for mutual or cooperative electric companies Section 501(c)(12)(I) or 6431(a) section 45J(e)(1) (c) Clerical amendment The table of sections for subchapter B of chapter 65 of such Code is amended by adding at the end the following new item: Sec. 6431. Elective payment for carbon oxide sequestration and qualifying advanced coal projects. . (d) Effective date The amendments made by this section shall apply to taxable years beginning after the date of enactment of this Act. 4. Allowance of certain carbon sequestration credits against the base erosion minimum tax (a) In general Section 59A(b)(1)(B)(ii) plus (II) the credit allowed under section 38 for the taxable year which is properly allocable to the carbon dioxide sequestration credit determined under section 45Q(a), (III) the credit allowed under section 38 for the taxable year which is properly allocable to the investment credit determined under section 46, but only to the extent properly allocable to the qualifying advanced coal project credit determined under section 48A, plus . (b) Application to taxable years beginning after 2025 Subparagraph (B) of section 59A(b)(2) (B) by applying subparagraph (B)(ii) thereof without regard to subclauses (I) and (IV). . (c) Effective date The amendments made by this section shall apply to base erosion payments (as defined in section 59A(d) 5. Modifications of qualifying advanced coal project credit (a) Sequestration requirement for certain equipment Section 48A(e)(1)(G) and 60 percent in the case of an application for a reallocation of credits under subsection (d)(4) with respect to an electrical generating unit in existence on October 3, 2008 under subsection (d)(4) (b) Nameplate generating capacity requirement Section 48A(e)(1)(C) of such Code is amended by striking 400 megawatts 200 megawatts (c) Advanced coal-Based generation technology requirements (1) In general Section 48A(f)(1) of such Code is amended by striking generation technology if— the unit is designed generation technology if the unit is designed (2) Conforming amendments Section 48A(f) of such Code is amended— (A) by striking all that precedes the purpose of this section (f) Advanced coal-Based generation technology For , (B) by striking in subparagraph (B) in this subsection (C) by striking paragraphs (2) and (3). (d) Performance requirements in case of best available control technology Section 48A(f) of such Code, as amended by this Act, is amended by adding at the end the following: In the case of a retrofit of a unit which has undergone a best available control technology analysis after August 8, 2005, with respect to the removal or emissions of any pollutant which is SO 2 x (e) Clarification of reallocation authority Section 48A(d)(4) (1) in subparagraph (A)— (A) by striking Not later than 6 years after the date of enactment of this section, the The (B) by inserting and every 6 months thereafter until all credits available under this section have been allowed the date which is 6 years after the date of enactment of this section (2) in subparagraph (B)— (A) by striking may reallocate credits available under clauses (i) and (ii) of paragraph (3)(B) shall reallocate credits remaining available under paragraph (3) (B) by striking or (C) by striking clause (ii) and inserting the following: (ii) any applicant for certification which submitted an accepted application has subsequently failed to satisfy the requirements under paragraph (2)(D), or (iii) any certification made pursuant to paragraph (2) has been revoked pursuant to paragraph (2)(E). , and (3) in subparagraph (C)— (A) by striking clause (i) or (ii) of paragraph (3)(B) paragraph (3) (B) by striking is authorized to shall (C) by striking an additional program additional programs (f) Effective date (1) In general Except as provided in paragraph (2), the amendments made by this section shall apply to allocations and reallocations after the date of the enactment of this Act. (2) Reallocation The amendments made by subsection (e) shall apply to credits remaining available under section 48A(d)(3) 6. Enhancement of carbon oxide sequestration credit for direct air capture facilities (a) In general Section 45Q (1) in subsection (b)(1)— (A) in subparagraph (A), by striking The applicable dollar amount Subject to subparagraph (B), the applicable dollar amount (B) by striking subparagraph (B) and inserting the following: (B) Special rule for direct air capture facilities (i) In general Subject to clause (ii), for any taxable year beginning in a calendar year after 2021, in the case of any qualified facility described in subsection (d)(2)(C), the applicable dollar amount shall be an amount equal to— (I) for purposes of paragraph (3) of subsection (a), an amount equal to the product of $120 and the inflation adjustment factor for such calendar year determined under section 43(b)(3)(B) for such calendar year, determined by substituting 2020 1990 (II) for purposes of paragraph (4) of such subsection, an amount equal to the product of $75 and the inflation adjustment factor for such calendar year determined under section 43(b)(3)(B) for such calendar year, determined by substituting 2020 1990 (ii) Use in enhanced oil or natural gas recovery project For any taxable year beginning in a calendar year after 2030, this subparagraph shall not apply with respect to any qualified carbon oxide which is used by the taxpayer in a manner described in subsection (a)(4)(B)(i). (C) Rounding The applicable dollar amount determined under subparagraph (A) or (B) shall be rounded to the nearest cent. , and (2) in subsection (d)(2)— (A) in subparagraph (B), by striking or (B) by striking subparagraph (C) and inserting the following: (C) in the case of a direct air capture facility, not less than 10,000 metric tons of qualified carbon oxide during the taxable year, or (D) in the case of any facility not described in subparagraph (A), (B), or (C), not less than 100,000 metric tons of qualified carbon oxide during the taxable year. . (b) Effective date The amendments made by this section shall apply to taxable years beginning after December 31, 2021. | Carbon Capture, Utilization, and Storage Tax Credit Amendments Act of 2021 |
CARA 3.0 Act of 2021 This bill addresses substance use disorders by expanding access to treatment and recovery services, providing for housing protections, and requiring other activities. Specifically, the bill reauthorizes, establishes, and expands support for treatment and recovery services. This includes increasing access to treatment in the criminal justice system and other settings and for particular populations, such as pregnant and postpartum individuals and youth and young adults. Additionally, the bill expands Medicare and Medicaid coverage for treatment, including by expanding telehealth access to medication to treat substance use disorders. The bill also temporarily requires that non-opioid pain treatment options be reimbursed separately, instead of on a packaged basis, under Medicare. As a condition of receiving certain federal funding, states must mandate the use of prescription drug monitoring programs (PDMPs) by prescribers and dispensers and impose additional PDMP requirements. Moreover, prescribers of potentially addictive drugs must complete continuing education requirements. The bill also revises the registration process for providers who prescribe certain medications to treat substance use disorders, including by eliminating the provider's patient limit for such medications. In addition, the Substance Abuse and Mental Health Services Administration must carry out activities to promote access to high-quality recovery housing. The bill also sets out protections for individuals with substance use disorders who live in, or apply to live in, federally assisted housing. Furthermore, the bill requires other activities to address substance use, such as support for workforce education and training; public awareness campaigns and similar outreach; and research on prevention strategies, insurance coverage, and treatment modalities. | 117 S987 IS: CARA 3.0 Act of 2021 U.S. Senate 2021-03-25 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 117th CONGRESS 1st Session S. 987 IN THE SENATE OF THE UNITED STATES March 25, 2021 Mr. Portman Mr. Whitehouse Ms. Klobuchar Mrs. Shaheen Ms. Cantwell Mrs. Capito Committee on Health, Education, Labor, and Pensions A BILL To provide support with respect to the prevention of, treatment for, and recovery from, substance use disorder. 1. Short title; table of contents (a) Short title This Act may be cited as the CARA 3.0 Act of 2021 (b) Table of contents The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Findings. TITLE I—Education, prevention, and research Sec. 101. National Education Campaign. Sec. 102. Research into non-opioid pain management. Sec. 103. Long-term treatment and recovery support services outcomes research. Sec. 104. National Commission for Excellence on Post-Overdose Response. Sec. 105. Workforce for prevention, treatment, and recovery support services. Sec. 106. Reauthorization of community-based coalition enhancement grants to address local drug crises. Sec. 107. Access to non-opioid treatments for pain. TITLE II—Treatment Sec. 201. Evidence-based substance use disorder treatment and intervention demonstrations. Sec. 202. Improving treatment for pregnant, postpartum, and parenting women. Sec. 203. Require the use of prescription drug monitoring programs. Sec. 204. Prescriber education. Sec. 205. Prohibition of utilization control policies or procedures for medication-assisted treatment under Medicaid. Sec. 206. Medication-assisted treatment for recovery from substance use disorder. Sec. 207. Telehealth response for e-prescribing addiction therapy services. Sec. 208. Pilot program on expanding access to treatment. Sec. 209. Reauthorization of PRAC Ed grant program. Sec. 210. GAO study on parity. Sec. 211. Improving substance use disorder prevention workforce act. TITLE III—Recovery Subtitle A—General provisions Sec. 301. Building communities of recovery. Sec. 302. Recovery in the workplace. Sec. 303. National youth and young adult recovery initiative. Subtitle B—Recovery housing Sec. 311. Clarifying the role of SAMHSA in promoting the availability of high-quality recovery housing. Sec. 312. Developing guidelines for States to promote the availability of high-quality recovery housing. Sec. 313. Coordination of Federal activities to promote the availability of high-quality recovery housing. Sec. 314. NAS study. Sec. 315. Grants for States to promote the availability of high quality recovery housing. Sec. 316. Authorization of appropriations. Sec. 317. Reputable providers and analysts of recovery housing services definition. Sec. 318. Technical correction. TITLE IV—Criminal justice Sec. 401. Medication-Assisted Treatment Corrections and Community Reentry Program. Sec. 402. Deflection and pre-arrest diversion. Sec. 403. Housing. Sec. 404. Veterans treatment courts. Sec. 405. Infrastructure for reentry. 2. Findings Congress finds as follows: (1) In the 1980s and 1990s, pharmaceutical companies began developing new drugs for pain treatment, including extended release oxycodone. These companies aggressively marketed these drugs to the medical community as a way to address under-treatment (2) The combination of a rising number of prescriptions, misinformation about the addictive properties of prescription opioids, and the perception that prescription drugs are less harmful than illicit drugs has caused an increase in drug misuse. (3) As legitimate production and illegal diversion of opioids skyrocketed, so did the number of opioid overdose deaths. From 1999 to 2017, almost 218,000 people died in the United States from overdoses related to prescription opioids. More recently, fentanyl, a powerful synthetic opioid, surpassed prescription opioids as the most lethal overdose substance and now is linked to nearly 3 times as many deaths. (4) The scale of the opioid crisis is staggering: (A) In 2018, approximately 10,300,000 people in the United States age 12 and older misused opioids. (B) On average, 130 people in the United States die every day from an opioid overdose. (C) The opioid crisis has cost the United States economy at least $631,000,000,000. (D) From 2013 to 2017, the number of children in foster care nationwide increased 10 percent to nearly 442,995. Parental drug use was cited as a factor in 36 percent of cases. (5) The opioid crisis has also led to a cascade of other negative health impacts. For example, syringe sharing among people who inject drugs has led to increases in hepatitis C virus infections and infective endocarditis, as well as localized HIV outbreaks. (6) The United States health care system has struggled to catch up to the crisis: (A) The majority of people in the United States with an opioid use disorder do not receive substance use treatment, and many who do receive such treatment do not receive evidence-based treatment. Although medication-assisted treatment has been endorsed by the National Institutes of Health and the World Health Organization, only one-third of treatment programs offer any of the 3 drugs approved by the Food and Drug Administration for the treatment of opioid use disorder, and just 6 percent of medication-offering facilities provide all 3. (B) Facilities that provide medications for the treatment of opioid disorder are concentrated in the Northeast and Southwest, leaving many of the areas hit hardest by the opioid crisis without access to evidence-based treatment. The need is particularly acute in rural areas, which often do not have enough providers to meet the demand. (C) Unlike other health care needs, substance use treatment is largely funded by State and local revenues and Federal block grants, rather than the Medicare program, the Medicaid program, and private insurance. (D) While new substances, particularly synthetic drugs, continue to make inroads into communities in the United States, funding streams are often dedicated to particular substances, limiting providers’ ability to adapt to changing needs. (E) The stigma associated with substance use disorder prevents people from seeking treatment. Too often, people enter substance use treatment only after committing a criminal offense, whether through a court mandate, as a condition of parole or probation supervision, or as a condition of regaining employment after conviction. In 2003, 36 percent of all substance use treatment admissions, 40 percent of all alcohol abuse treatment admissions, and 57 percent of all marijuana use treatment admissions were referrals from the criminal justice system. (F) The stigma of substance use disorder also limits people’s ability to find jobs and housing. These obstacles are exacerbated by the criminalization of substance use disorder—even convictions for drug possession for personal use can create lifelong collateral consequences. The absence of stable housing and employment make it even more difficult for people to live drug free. (7) Not all people in the United States have equal access to substance use treatment in the community. Current research has found that Black and Latinx Americans are less likely to receive substance use treatment when controlling for other relevant factors, like socioeconomic status. (8) Inadequate access to substance use treatment can exacerbate other health disparities. Individuals with substance use disorders have higher rates of suicide attempts than individuals in the general population, high health care expenses, and significant disability. (9) A comprehensive public health approach that tackles both the causes and the consequences of substance use disorder is necessary to stem the tide. I Education, prevention, and research 101. National Education Campaign Section 102 of the Comprehensive Addiction and Recovery Act of 2016 ( 42 U.S.C. 290bb–25g (1) in subsection (a), by inserting or other controlled substances (as defined in section 102 of the Controlled Substances Act ( 21 U.S.C. 802 opioids (2) in subsection (b), by striking opioid substance (3) in subsection (c)— (A) in paragraph (2), by striking and (B) in paragraph (3), by striking the period and inserting a semicolon; and (C) by adding at the end the following: (4) use destigmatizing language promoting humane and culturally competent (as defined in section 102 of the Developmental Disabilities Assistance and Bill of Rights Act of 2000 ( 42 U.S.C. 15002 (5) educate stakeholders on the evidence base and validation of harm reduction and where to obtain harm reduction services; (6) include information about polysubstance use; and (7) include information about prevention and treatment using medication-assisted treatment and recovery support. ; and (4) by adding at the end the following: (d) Authorization of appropriations There is authorized to be appropriated to carry out this section such sums as may be necessary for each of fiscal years 2021 through 2026. . 102. Research into non-opioid pain management (a) In general The Secretary of Health and Human Services, acting through the Director of the National Institutes of Health and the Director of the Centers for Disease Control and Prevention, shall carry out research with respect to non-opioid methods of pain management, including non-pharmaceutical remedies for pain and integrative medicine solutions. (b) Authorization of appropriations To carry out this section, there are authorized to be appropriated such sums as may be necessary for each of fiscal years 2021 through 2026. 103. Long-term treatment and recovery support services outcomes research (a) In general The Secretary of Health and Human Services shall award grants to eligible entities to carry out evidence-based, long-term outcomes research, over 5-year periods, for different modalities of treatment and recovery support for substance use disorder, including culturally competent (as defined in section 102 of the Developmental Disabilities Assistance and Bill of Rights Act of 2001 ( 42 U.S.C. 15002 (b) Authorization of appropriations To carry out this section, there are authorized to be appropriated such sums as may be necessary. 104. National Commission for Excellence on Post-Overdose Response (a) In general The Assistant Secretary of Health and Human Services for Mental Health and Substance Use (referred to in this section as the Assistant Secretary National Commission for Excellence on Post-Overdose Response (1) provides evidence, practical tools, and other resources for researchers and evaluators, clinicians and clinical teams, quality improvement experts, and healthcare decision makers to improve the quality and safety of care for drug overdoses and substance use disorder; (2) advises the individuals described in paragraph (1) on— (A) how to achieve equitable outcomes across race and socioeconomic status; and (B) how to effectively and appropriately control avoidable hospital admissions, emergency department admissions, and other adverse events related to substance use disorder care; and (3) develops culturally competent (as defined in section 102 of the Developmental Disabilities Assistance and Bill of Rights Act of 2000 ( 42 U.S.C. 15002 (b) Membership The members of the commission established under subsection (a) shall include— (1) a representative of the Substance Abuse and Mental Health Services Administration; (2) a representative of the Office of National Drug Control Policy; (3) a representative of the National Academy of Medicine; (4) a representative of the National Institute on Drug Abuse; (5) a substance use disorder specialist appointed by the Assistant Secretary; (6) a peer recovery specialist appointed by the Assistant Secretary; (7) an individual with experience in harm reduction; and (8) any other individual that the Assistant Secretary determines appropriate. (c) Sunset The commission established under subsection (a) shall terminate on the date that is 10 years after the date of enactment of this Act. 105. Workforce for prevention, treatment, and recovery support services (a) Employment and training services Subpart 2 of part B of title V of the Public Health Service Act ( 42 U.S.C. 290bb–21 519E. Employment and training services (a) In general The Director of the Prevention Center shall— (1) not later than 30 days after the date of enactment of this Act, announce an opportunity to apply for grants or contracts awarded to support the activities described in subsection (b); and (2) from the funds appropriated under subsection (c), not later than 45 days after the date on which an entity submits an application that meets the requirements of the Secretary under this section, award funds under this section to such entity. (b) Use of funds An entity that receives funds under this section shall use the funds to support employment and training services for substance use treatment professionals, including peer recovery specialists. Not less than 15 percent of the amount received by an entity under this section shall be allocated to activities related to retention of substance use disorder professionals. (c) Authorization of appropriations There are authorized to be appropriated to carry out this section such sums as may be necessary for each of fiscal years 2021 through 2026. . (b) Funding for mental and behavioral health education and training grants Section 756(f) of the Public Health Service Act ( 42 U.S.C. 294e–1(f) (1) in the matter preceding paragraph (1), by striking $50,000,000 $55,000,000 (2) by adding at the end the following: (5) For continuing education and other activities to increase retention and to strengthen the substance use disorder workforce, $5,000,000. . 106. Reauthorization of community-based coalition enhancement grants to address local drug crises Section 103(i) of the Comprehensive Addiction and Recovery Act of 2016 ( 21 U.S.C. 1536(i) there are authorized to be appropriated $5,000,000 for each of fiscal years 2017 through 2021. there are authorized to be appropriated— (1) $5,000,000 for each of fiscal years 2017 through 2020; and (2) $10,000,000 for each of fiscal years 2021 through 2026. . 107. Access to non-opioid treatments for pain (a) In general Section 1833(t) of the Social Security Act ( 42 U.S.C. 1395l(t) (1) in paragraph (2)(E), by inserting and separate payments for non-opioid treatments under paragraph (16)(G), payments under paragraph (6) (2) in paragraph (16), by adding at the end the following new subparagraph: (G) Access to non-opioid treatments for pain (i) In general Notwithstanding any other provision of this subsection, with respect to a covered OPD service (or group of services) furnished on or after January 1, 2022, and before January 1, 2027, the Secretary shall not package, and shall make a separate payment as specified in clause (ii) for, a non-opioid treatment (as defined in clause (iii)) furnished as part of such service (or group of services). (ii) Amount of payment The amount of the payment specified in this clause is, with respect to a non-opioid treatment that is— (I) a drug or biological product, the amount of payment for such drug or biological determined under section 1847A; or (II) a medical device, the amount of the hospital’s charges for the device, adjusted to cost. (iii) Definition of non-opioid treatment A non-opioid treatment (I) a drug or biological product that is indicated to produce analgesia without acting upon the body’s opioid receptors; or (II) an implantable, reusable, or disposable medical device cleared or approved by the Administrator for Food and Drugs for the intended use of managing or treating pain; that has demonstrated the ability to replace, reduce, or avoid opioid use or the quantity of opioids prescribed in a clinical trial or through data published in a peer-reviewed journal. . (b) Ambulatory surgical center payment system Section 1833(i)(2)(D) of the Social Security Act ( 42 U.S.C. 1395l(i)(2)(D) (1) by aligning the margins of clause (v) with the margins of clause (iv); (2) by redesignating clause (vi) as clause (vii); and (3) by inserting after clause (v) the following new clause: (vi) In the case of surgical services furnished on or after January 1, 2022, and before January 1, 2027, the payment system described in clause (i) shall provide, in a budget-neutral manner, for a separate payment for a non-opioid treatment (as defined in clause (iii) of subsection (t)(16)(G)) furnished as part of such services in the amount specified in clause (ii) of such subsection. . (c) Evaluation of therapeutic services for pain management (1) Report to Congress Not later than 1 year after the date of the enactment of this Act, the Secretary of Health and Human Services (in this subsection referred to as the Secretary (A) limitations, gaps, barriers to access, or deficits in Medicare coverage or reimbursement for restorative therapies, behavioral approaches, and complementary and integrative health services that are identified in the Pain Management Best Practices Inter-Agency Task Force Report and that have demonstrated the ability to replace or reduce opioid consumption; and (B) recommendations to address the limitations, gaps, barriers to access, or deficits identified under subparagraph (A) to improve Medicare coverage and reimbursement for such therapies, approaches, and services. (2) Public consultation In developing the report described in paragraph (1), the Secretary shall consult with relevant stakeholders as determined appropriate by the Secretary. (3) Exclusive treatment Any drug, biological product, or medical device that is a non-opioid treatment (as defined in section 1833(t)(16)(G)(iii) of the Social Security Act, as added by subsection (a)) shall not be considered a therapeutic service for the purpose of the report described in paragraph (1). II Treatment 201. Evidence-based substance use disorder treatment and intervention demonstrations Section 514B of the Public Health Service Act ( 42 U.S.C. 290bb–10 (1) in subsection (a), by adding at the end the following: (3) Use of funds for training Funds awarded under paragraph (1) may be used by a recipient for training emergency room technicians, physicians, nurses, or other health care professionals on identifying the presence of substance use disorders; how effectively to engage with, intervene with respect to, and refer patients for assessment and specialized substance use disorder care, including medication-assisted treatment and care for co-occurring disorders; and offering peer-based interventions in the emergency room and other health care environments to connect people to clinical and community-based supports for substance use disorder. ; (2) in subsection (d), by inserting , and Indian tribes and tribal organizations (as defined in section 4 of the Indian Self-Determination and Education Assistance Act) (3) in subsection (f), by inserting before the period the following: , and $300,000,000 for each of fiscal years 2021 through 2026 202. Improving treatment for pregnant, postpartum, and parenting women Section 508 of the Public Health Service Act ( 42 U.S.C. 290bb–1 (1) in subsection (m)— (A) by striking that agrees to use that agrees— (1) to use ; (B) by striking the period at the end and inserting ; or (C) by adding at the end the following: (2) to— (A) allow participation in the program supported by the award by individuals taking a drug or combination of drugs approved by the Food and Drug Administration as a medication for addiction treatment, including such individuals taking an opioid agonist; (B) provide culturally competent services (as defined in section 102 of the Developmental Disabilities Assistance and Bill of Rights Act of 2000); (C) ensure flexible lengths of stay in the treatment program; and (D) use peer recovery advocates in the program supported by the award. ; (2) in subsection (p), by inserting , and demographic data on the individuals served by programs funded under this section and case outcomes, as reported to the Director by award recipients (3) in subsection (s), by striking $29,931,000 for each of fiscal years 2019 through 2023 100,000,000 for each of fiscal years 2021 through 2026 203. Require the use of prescription drug monitoring programs (a) Definitions In this section: (1) Controlled substance The term controlled substance 21 U.S.C. 802 (2) Covered State The term covered State Public Law 107–77 42 U.S.C. 280g–3 (3) Dispenser The term dispenser (A) means a person licensed or otherwise authorized by a State to deliver a prescription drug product to a patient or an agent of the patient; and (B) does not include a person involved in oversight or payment for prescription drugs. (4) PDMP The term PDMP (5) Practitioner The term practitioner 21 U.S.C. 823(f) (6) State The term State (b) In general Beginning 1 year after the date of enactment of this Act, each covered State shall require— (1) each prescribing practitioner within the covered State or their designee, who shall be licensed or registered healthcare professionals or other employees who report directly to the practitioner, to consult the PDMP of the covered State before initiating treatment with a prescription for a controlled substance listed in schedule II, III, or IV of section 202(c) of the Controlled Substances Act ( 21 U.S.C. 812(c) (2) the PDMP of the covered State to provide proactive notification to a practitioner when patterns indicative of controlled substance misuse, including opioid misuse, are detected; (3) each dispenser within the covered State to report each prescription for a controlled substance dispensed by the dispenser to the PDMP not later than 24 hours after the controlled substance is dispensed to the patient; (4) that the PDMP make available a quarterly de-identified data set and an annual report for public and private use, including use by healthcare providers, health plans and health benefits administrators, State agencies, and researchers, which shall, at a minimum, meet requirements established by the Attorney General, in coordination with the Secretary of Health and Human Services; (5) each State agency that administers the PDMP to— (A) proactively analyze data available through the PDMP; and (B) provide reports to prescriber licensing boards describing any prescribing practitioner that repeatedly fall outside of expected norms or standard practices for the prescribing practitioner’s field; and (6) that the data contained in the PDMP of the covered State be made available to other States. (c) Noncompliance If a covered State fails to comply with subsection (a), the Attorney General or the Secretary of Health and Human Services may withhold grant funds from being awarded to the covered State under the Harold Rogers Prescription Drug Monitoring Program established under the Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriations Act, 2002 ( Public Law 107–77 42 U.S.C. 280g–3 204. Prescriber education (a) In general Section 303 of the Controlled Substances Act ( 21 U.S.C. 823 (1) in subsection (f), in the matter preceding paragraph (1), by striking The Attorney General shall register Subject to subsection (m), the Attorney General shall register (2) by adding at the end the following: (m) Prescriber education (1) Definitions In this subsection— (A) the term covered agent or employee (i) prescribes controlled substances for humans under the registration of the facility under this part; and (ii) is a medical resident; (B) the term covered facility (i) that is a hospital or other institution; (ii) that is licensed under State law to prescribe controlled substances; and (iii) under whose registration under this part agents or employees of the practitioner prescribe controlled substances; (C) the term covered individual practitioner (i) is an individual; (ii) is not a veterinarian; and (iii) is licensed under State law to prescribe controlled substances; and (D) the term specified continuing education topics (i) alternatives to opioids for pain management; (ii) palliative care; (iii) substance use disorder; (iv) adverse events; (v) potential for dependence; (vi) tolerance; (vii) prescribing contraindicated substances; (viii) medication-assisted treatment; (ix) overdose prevention and response, including the administration of naloxone; (x) culturally competent (as defined in section 102 of the Developmental Disabilities Assistance and Bill of Rights Act of 2000 ( 42 U.S.C. 15002 (xi) bias and stigma in prescribing trends; and (xii) any other topic that the Attorney General determines appropriate. (2) Certification of continuing education (A) Individual practitioners As a condition of granting or renewing the registration of a covered individual practitioner under this part to dispense controlled substances in schedule II, III, IV, or V, the Attorney General shall require the practitioner to certify that, during the 3-year period preceding the date of the grant or renewal of registration, the practitioner completed course work or training from an organization accredited by the Accreditation Council for Continuing Medical Education (commonly known as the ACCME (B) Facilities As a condition of granting or renewing the registration of a covered facility under this part to dispense controlled substances in schedule II, III, IV, or V, the Attorney General shall require the covered facility to certify that the facility does not allow a covered agent or employee to prescribe controlled substances for humans under the registration of the facility unless, during the preceding 3-year period, the covered agent or employee completed course work or training from an organization accredited by the Accreditation Council for Continuing Medical Education (commonly known as the ACCME . (b) Effective date Subsection (m) of section 303 of the Controlled Substances Act ( 21 U.S.C. 823 205. Prohibition of utilization control policies or procedures for medication-assisted treatment under Medicaid Section 1905 of the Social Security Act ( 42 U.S.C. 1396d (1) in subsection (a)— (A) in the matter preceding paragraph (1), by moving the margin of clause (xvi) 4 ems to the left; and (B) in paragraph (29), by inserting and to the extent allowed in paragraph (3) of such subsection paragraph (1) of such subsection (2) in subsection (ee), by adding at the end the following new paragraph: (3) Prohibition of utilization control policies or procedures for medication-assisted treatment As a condition for a State receiving payments under section 1903(a) for medical assistance for medication-assisted treatment, a State may not impose any utilization control policies or procedures (as defined by the Secretary), including prior authorization requirements, with respect to such treatment. . 206. Medication-assisted treatment for recovery from substance use disorder (a) In general Section 303(g) of the Controlled Substances Act ( 21 U.S.C. 823(g) (1) by striking paragraph (2); (2) by striking (g)(1) Except as provided in paragraph (2), practitioners who dispense narcotic drugs to individuals for maintenance treatment or detoxification treatment (g) Practitioners who dispense narcotic drugs (other than narcotic drugs in schedule III, IV, or V) to individuals for maintenance treatment or detoxification treatment (3) by redesignating subparagraphs (A), (B), and (C) as paragraphs (1), (2), and (3), respectively; and (4) in paragraph (2), as redesignated, by redesignating clauses (i) and (ii) as subparagraphs (A) and (B), respectively. (b) Technical and conforming edits (1) In general (A) Section 304 of the Controlled Substances Act ( 21 U.S.C. 824 (i) in subsection (a), by striking 303(g)(1) 303(g) (ii) in subsection (d)(1), by striking 303(g)(1) 303(g) (B) Section 309A(a) of the Controlled Substances Act ( 21 U.S.C. 829a(a) (2) the controlled substance— (A) is a narcotic drug in schedule III, IV, or V to be administered for the purpose of maintenance or detoxification treatment; and (B) is to be administered by injection or implantation; . (C) Section 520E–4(c) of the Public Health Service Act (42 U.S.C. 290bb–36d(c)) is amended, in the matter preceding paragraph (1), by striking information on any qualified practitioner that is certified to prescribe medication for opioid dependency under section 303(g)(2)(B) of the Controlled Substances Act information on any practitioner who prescribes narcotic drugs in schedule III, IV, or V of section 202 of the Controlled Substances Act for the purpose of maintenance or detoxification treatment (D) Section 544(a)(3) of the Public Health Service Act ( 42 U.S.C. 290dd–3 any practitioner dispensing narcotic drugs pursuant to section 303(g) of the Controlled Substances Act any practitioner dispensing narcotic drugs for the purpose of maintenance or detoxification treatment (E) Section 1833 of the Social Security Act ( 42 U.S.C. 1395l (F) Section 1834(o) of the Social Security Act ( 42 U.S.C. 1395m(o) (G) Section 1866F(c)(3) of the Social Security Act ( 42 U.S.C. 1395cc–6(c)(3) (i) in subparagraph (A), by inserting and (ii) in subparagraph (B), by striking ; and (iii) by striking subparagraph (C). (H) Section 1903(aa)(2)(C) of the Social Security Act ( 42 U.S.C. 1396b(aa)(2)(C) (i) in clause (i), by inserting and (ii) by striking clause (ii); and (iii) by redesignating clause (iii) as clause (ii). (2) Effective date of Medicare amendments The amendments made by subparagraphs (E) and (F) of paragraph (1) shall take effect one year after the date of enactment of this Act. 207. Telehealth response for e-prescribing addiction therapy services (a) Funding for the testing of incentive payments for behavioral health providers for adoption and use of certified electronic health record technology In addition to amounts appropriated under subsection (f) of section 1135A of the Social Security Act ( 42 U.S.C. 13951315a (b) Telehealth for substance use disorder treatment (1) Substance use disorder services furnished through telehealth under Medicare Section 1834(m)(7) of the Social Security Act ( 42 U.S.C. 1395m(m)(7) With respect to telehealth services described in the preceding sentence that are furnished on or after January 1, 2020, nothing shall preclude the furnishing of such services through audio or telephone only technologies in the case where a physician or practitioner has already conducted an in-person medical evaluation or a telehealth evaluation that utilizes both audio and visual capabilities with the eligible telehealth individual. (2) Controlled substances dispensed by means of the internet Section 309(e)(2) of the Controlled Substances Act ( 21 U.S.C. 829(e)(2) (A) in subparagraph (A)(i)— (i) by striking at least 1 in-person medical evaluation at least— (I) 1 in-person medical evaluation ; and (ii) by adding at the end the following: (II) for purposes of prescribing a controlled substance in schedule III or IV, 1 telehealth evaluation; or ; and (B) by adding at the end the following: (D) (i) The term telehealth evaluation 42 U.S.C. 1395m(m) (ii) Nothing in clause (i) shall be construed to imply that 1 telehealth evaluation demonstrates that a prescription has been issued for a legitimate medical purpose within the usual course of professional practice. (iii) A practitioner who prescribes the drugs or combination of drugs that are covered under section 303(g)(2)(C) using the authority under subparagraph (A)(i)(II) of this paragraph shall adhere to nationally recognized evidence-based guidelines for the treatment of patients with opioid use disorders and a diversion control plan, as those terms are defined in section 8.2 of title 42, Code of Federal Regulations, as in effect on the date of enactment of this subparagraph. . 208. Pilot program on expanding access to treatment The Secretary of Health and Human Services (referred to in this section as the Secretary 209. Reauthorization of PRAC Ed grant program To carry out the Practitioner Education grant program established by the Substance Abuse and Mental Health Services Administration, there is authorized to be appropriated such sums as may be necessary for each of fiscal years 2021 through 2026. 210. GAO study on parity The Comptroller General of the United States shall conduct a study examining the reimbursement parity between substance use disorder services and other health care services, and the effect of any inequity in reimbursement with respect to substance use disorder services on the substance use disorder workforce, and not later than December 31, 2023, submit a report to Congress on the findings of such study. 211. Improving substance use disorder prevention workforce act Subpart 2 of part B of title V of the Public Health Service Act ( 42 U.S.C. 290bb–21 519F. Pilot program to help enhance substance use disorder prevention workforce (a) In general The Director of the Prevention Center (referred to in this section as the Director (b) Definitions In this section, the term State alcohol and drug agency (c) Application A State alcohol and drug agency may apply to the Director for approval of a grant authorized in this section. Such application shall include a description of the proposed workforce activities that will be carried out using grant funds, which may include, with respect to substance use disorder prevention— (1) enhancing or developing training curricula; (2) supporting or coordinating with institutes of higher education regarding curricula development; (3) partnering with elementary schools, middle schools, high schools or institutions of higher education to generate early student interest in avoiding misuse of substances; (4) enhancing or establishing initiatives related to credentialing or other certification processes recognized by the State alcohol and drug agency, including scholarships or support for certification costs and testing; (5) establishing or enhancing initiatives that promote recruitment, professional development, and access to education and training that increase the State’s ability to address diversity, equity, and inclusion in the workforce, including communication initiatives or campaigns designed to draw interest in a career in substance use disorder prevention; (6) supporting loan repayment programs for individuals in the substance use disorder prevention workforce; (7) establishing or enhancing internships, fellowships and other career opportunities; and (8) retention initiatives that may include training, leadership development or other educational opportunities. (d) Authorization of appropriations To carry out this section, there are authorized to be appropriated such sums as may be necessary. 519G. National study on substance use disorder workforce (a) In general The Director shall conduct a comprehensive national study regarding the substance use disorder prevention workforce. Such study shall include— (1) an environmental assessment regarding the existing workforce, including demographics, salaries, settings, current or anticipated workforce shortages and other relevant information; (2) challenges in maintaining support for an adequate substance use disorder prevention workforce and a plan to address such challenges; and (3) potential programming to help implement the plan. (b) Consultation The Director shall ensure the study under this section is developed in consultation with key substance use disorder prevention workforce stakeholders, including organizations representing State alcohol and drug agencies, community anti-drug coalitions, workforce credentialing bodies, researchers, and others. (c) Authorization of appropriation To carry out this section, there are authorized to be appropriated such sums as may be necessary. . III Recovery A General provisions 301. Building communities of recovery (a) In general Section 547 of the Public Health Service Act ( 42 U.S.C. 290ee–2 (1) by striking subsection (c); (2) by redesignating subsection (d) as subsection (c); (3) in subsection (c) (as so redesignated)— (A) in paragraph (1), by striking and (B) in paragraph (2)(C)(iv), by striking the period and inserting ; and (C) by adding at the and the following: (3) may be used as provided for in subsection (d). ; (4) by inserting after subsection (c) (as so redesignated), the following: (d) Establishment of regional technical assistance centers (1) In general Grants awarded under subsection (b) may be used to provide for the establishment of regional technical assistance centers to provide regional technical assistance for the following: (A) Implementation of regionally driven peer delivered substance use disorder recovery support services before, during, after, or in lieu of substance use disorder treatment. (B) Establishment of recovery community organizations. (C) Establishment of recovery community centers. (D) Naloxone training and dissemination. (E) Development of connections between recovery support services, community organizations, and community centers and the broader medical community. (F) Establishment of online recovery support services, with parity to physical health services. (G) Development of recovery wellness plans to address perceived barriers to recovery, including social determinants of health. (H) Collect and maintain accurate and reliable data to inform service delivery and monitor and evaluate the impact of culturally competent (as defined in section 102 of the Developmental Disabilities Assistance and Bill of Rights Act of 2000) services on health equity outcomes. (I) Building capacity for recovery community organizations to meet national accreditation standards for the delivery of peer recover support services. (J) Expanding or enhancing recovery support service programs. (2) Eligible entities To be eligible to receive a grant under paragraph (1), an entity shall be— (A) a national nonprofit entity with a network of local affiliates and partners that are geographically and organizationally diverse; or (B) a national nonprofit organization led by individuals in personal and family recovery with established networks of recovery community organizations providing peer recovery support services. (3) Preference In awarding grants under subsection (b), the Secretary shall give preference to organizations that— (A) provide culturally competent (as defined in section 102 of the Developmental Disabilities Assistance and Bill of Rights Act of 2000) services, promote racial equity, and are responsive to diverse cultural health beliefs and practices, preferred languages, health literacy, and other communication needs; (B) allow participation by individuals receiving medication-assisted treatment that involves prescription drugs approved by the Food and Drug Administration (at least one of which is an opioid agonist); (C) use peer recovery advocates; and (D) meet national best practice and accreditation standards. ; and (5) in subsection (f), by striking 2023 2020, and $200,000,000 for each of fiscal years 2021 through 2026 (b) Continuing care and community support To maintain recovery (1) In general The Secretary shall award grants to peer recovery support services, for the purposes of providing continuing care and ongoing community support for individuals to maintain recovery from substance use disorders. (2) Definition For purposes of this subsection, the term peer recovery support services (3) Authorization of appropriations There are authorized to be appropriated, for each of fiscal years 2021 through 2026, $50,000,000 for purposes of awarding grants under paragraph (1). 302. Recovery in the workplace It is the sense of Congress that an employee who is taking opioid antagonist, opioid agonist, or partial agonist drugs as part of a medication-assisted treatment program shall not be in violation of a drug-free workplace requirement. 303. National youth and young adult recovery initiative (a) Definitions In this section: (1) Eligible entity The term eligible entity (A) a high school that has been accredited as a substance use recovery high school or that is seeking to establish or expand substance use recovery support services; (B) an institution of higher education; (C) a recovery program at an institution of higher education; (D) a nonprofit organization; or (E) a technical assistance center that can help grantees install recovery support service programs aimed at youth and young adults which include recovery coaching, job training, transportation, linkages to community-based services and supports, regularly scheduled alternative peer group activities, life-skills education, mentoring, and leadership development. (2) High school The term high school 20 U.S.C. 7801 (3) Institution of higher education The term institution of higher education 20 U.S.C. 1001 (4) Recovery program The term recovery program (A) to help youth or young adults who are recovering from substance use disorders to initiate, stabilize, and maintain healthy and productive lives in the community; and (B) that includes peer-to-peer support delivered by individuals with lived experience in recovery, and communal activities to build recovery skills and supportive social networks. (b) Grants authorized The Assistant Secretary for Mental Health and Substance Use, in consultation with the Secretary of Education, shall award grants, on a competitive basis, to eligible entities to enable the eligible entities to— (1) provide culturally competent (as defined in section 102 of the Developmental Disabilities Assistance and Bill of Rights Act of 2000 ( 42 U.S.C. 15002 (2) help build communities of support for youth and young adults in substance use recovery through a spectrum of activities such as counseling, job training, recovery coaching, alternative peer groups, life-skills workshops, family support groups, and health and wellness-oriented social activities; and (3) encourage initiatives designed to help youth and young adults achieve and sustain recovery from substance use disorders. (c) Application An eligible entity desiring a grant under this section shall submit to the Assistant Secretary for Mental Health and Substance Use an application at such time, in such manner, and containing such information as the Assistant Secretary may require. (d) Preference In awarding grants under subsection (b), the Assistant Secretary for Mental Health and Substance Use shall give preference to eligible entities that propose to serve students from areas with schools serving a high percentage of children who are counted under section 1124(c) of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6333(c) (e) Use of funds Grants awarded under subsection (b) may be used for activities to develop, support, or maintain substance use recovery support services for youth or young adults, including— (1) the development and maintenance of a dedicated physical space for recovery programs; (2) hiring dedicated staff for the provision of recovery programs; (3) providing health and wellness-oriented social activities and community engagement; (4) the establishment of a substance use recovery high school; (5) the coordination of a peer delivered substance use recovery program with— (A) substance use disorder treatment programs and systems that utilize culturally competent (as defined in section 102 of the Developmental Disabilities Assistance and Bill of Rights Act of 2000 ( 42 U.S.C. 15002 (B) providers of mental health services; (C) primary care providers; (D) the criminal justice system, including the juvenile justice system; (E) employers; (F) recovery housing services; (G) child welfare services; (H) high schools; and (I) institutions of higher education; (6) the development of peer-to-peer support programs or services delivered by individuals with lived experience in substance use disorder recovery; and (7) any additional activity that helps youth or young adults achieve recovery from substance use disorders. (f) Resource center The Assistant Secretary for Mental Health and Substance Use shall establish a resource center to provide technical support to recipients of grants under this section. (g) Authorization of appropriations There are authorized to be appropriated $10,000,000 for each of fiscal years 2021 through 2026. B Recovery housing 311. Clarifying the role of SAMHSA in promoting the availability of high-quality recovery housing Section 501(d) of the Public Health Service Act ( 42 U.S.C. 290aa (1) in paragraph (24)(E), by striking and (2) in paragraph (25), by striking the period at the end and inserting ; and (3) by adding at the end the following: (26) collaborate with national accrediting entities and reputable providers and analysts of recovery housing services and all relevant Federal agencies, including the Centers for Medicare & Medicaid Services, the Health Resources and Services Administration, other offices and agencies within the Department of Health and Human Services, the Office of National Drug Control Policy, the Department of Justice, the Department of Housing and Urban Development, and the Department of Agriculture, to promote the availability of high-quality recovery housing for individuals with a substance use disorder. . 312. Developing guidelines for States to promote the availability of high-quality recovery housing (a) In general Not later than 1 year after the date of the enactment of this Act, the Secretary of Health and Human Services, acting through the Assistant Secretary for Mental Health and Substance Use, shall develop, and publish on the internet website of the Substance Abuse and Mental Health Services Administration, consensus-based guidelines and nationally recognized standards for States to promote the availability of high-quality recovery housing for individuals with a substance use disorder. Such guidelines shall— (1) be developed in consultation with national accrediting entities and reputable providers and analysts of recovery housing services and be consistent with the best practices developed under section 550 of the Public Health Service Act ( 42 U.S.C. 290ee–5 (2) to the extent practicable, build on existing best practices and suggested guidelines developed previously by the Substance Abuse and Mental Health Services Administration. (b) Public comment period Before finalizing guidelines under subsection (a), the Secretary of Health and Human Services shall provide for a public comment period. (c) Exclusion of guideline on treatment services In developing the guidelines under subsection (a), the Secretary may not include any guideline or standard with respect to substance use disorder treatment services. (d) Substance use disorder treatment services In this section, the term substance use disorder treatment services (1) medications approved by the Food and Drug Administration for use in such treatment, excluding each such medication used to prevent or treat a drug overdose; (2) the administering of such medications; (3) recommendations for such treatment; (4) clinical assessments and referrals; (5) counseling with a physician, psychologist, or mental health professional (including individual and group therapy); and (6) toxicology testing. 313. Coordination of Federal activities to promote the availability of high-quality recovery housing Section 550 of the Public Health Service Act ( 42 U.S.C. 290ee–5 (1) by redesignating subsections (e), (f), and (g) as subsections (h), (i), and (j), respectively; and (2) by inserting after subsection (d) the following: (e) Coordination of Federal activities To promote the availability of high-Quality recovery housing for individuals with a substance use disorder (1) In general The Secretary, acting through the Assistant Secretary, and the Secretary of the Department of Housing and Urban Development, shall convene and serve as the co-chairs of an interagency working group composed of representatives of each of the Federal agencies described in paragraph (2) (referred to in this section as the working group (A) To increase collaboration, cooperation, and consultation among such Federal agencies, with respect to promoting the availability of high-quality recovery housing. (B) To align the efforts of such agencies and avoid duplication of such efforts by such agencies. (C) To develop objectives, priorities, and a long-term plan for supporting State, Tribal, and local efforts with respect to the operation of high-quality recovery housing that is consistent with the best practices developed under this section. (D) To coordinate inspection and enforcement among Federal and State agencies. (E) To coordinate data collection on the quality of recovery housing. (2) Federal agencies described The Federal agencies described in this paragraph are the following: (A) The Department of Health and Human Services. (B) The Centers for Medicare & Medicaid Services. (C) The Substance Abuse and Mental Health Services Administration. (D) The Health Resources and Services Administration. (E) The Indian Health Service. (F) The Department of Housing and Urban Development. (G) The Department of Agriculture. (H) The Department of Justice. (I) The Office of National Drug Control Policy. (J) The Bureau of Indian Affairs. (K) Any other such agency or subagency as the chair determines necessary and appropriate. (3) Meetings The working group shall meet on a quarterly basis. (4) Reports to Congress Beginning not later than 1 year after the date of the enactment of this section and annually thereafter, the working group shall submit to the Committee on Health, Education, Labor, and Pensions, the Committee on Agriculture, Nutrition, and Forestry, and the Committee on Finance of the Senate and the Committee on Energy and Commerce, the Committee on Ways and Means, the Committee on Agriculture, and the Committee on Financial Services of the House of Representatives a report describing the work of the working group and any recommendations of the working group to improve Federal, State, or local policy with respect to recovery housing operations. . 314. NAS study Section 550 of the Public Health Service Act ( 42 U.S.C. 290ee–5 (f) NAS study and report (1) In general The Secretary, acting through the Assistant Secretary, shall enter into an arrangement with the National Academy of Sciences under which the National Academy agrees to conduct a study on— (A) the availability in the United States of high-quality recovery housing and whether that availability meets the demand for such housing in the United States; and (B) State, Tribal, and local regulation and oversight of recovery housing. (2) Report The arrangement under paragraph (1) shall provide for the National Academy of Sciences to submit, not later than 1 year after the date of the enactment of this subsection, a report that contains— (A) the results of the study under such paragraph; (B) the National Academy’s recommendations for Federal, State, and local policies to promote the availability of high-quality recovery housing in the United States; (C) recommendations for Federal, State, and local policies to improve data collection on the quality of recovery housing; (D) recommendations for recovery housing quality metrics; (E) recommendations to eliminate restrictions by recovery residences that exclude individuals who take prescribed medications for opioid use disorder; and (F) a summary of allegations, assertions, or formal legal actions on the State and local levels by governments and non-governmental organizations with respect to the opening and operation of recovery residences. (3) Consultation In conducting the study under this subsection, the National Academy of Sciences shall consult with national accrediting entities and reputable providers and analysts of recovery housing services. . 315. Grants for States to promote the availability of high quality recovery housing Section 550 of the Public Health Service Act ( 42 U.S.C. 290ee–5 (g) Grants for implementing national recovery housing best practices (1) In general The Secretary shall award grants to States (and political subdivisions thereof), Tribes, and territories— (A) for the provision of technical assistance by national accrediting entities and reputable providers and analysts of recovery housing services to implement the guidelines, nationally recognized standards, and recommendations developed under section 312 of the CARA 3.0 Act of 2021 (B) to promote the availability of high-quality recovery housing for individuals with a substance use disorder and practices to maintain housing quality long term. (2) Accrediting, standards, and technical assistance grants (A) In general The Secretary shall award grants to one or more national accrediting, standards, and technical assistance organizations with specific recovery housing expertise— (i) for development of technical assistance and educational programs that are national or multi-State in scope, targeted to the needs of grantees under paragraph (1), and to statewide recovery housing accreditation, standards and support organizations; (ii) for the development and maintenance of a summary information resource describing State-level regulation, funding, recognition, support, and system expansion programs for recovery housing; (iii) for the development and maintenance of a consultant workforce dedicated to serving the needs of the Department of Health and Human Services and the Department of Housing and Urban Development, with respect to the programs under subtitle B of title III of the CARA 3.0 Act of 2021 (iv) for development of training and educational resources for recovery housing providers and staff focusing on best practices for operating recovery housing in a manner consistent with best practices developed or identified through the programs under subtitle B of title III of the CARA 3.0 Act of 2021 (B) Eligible entities To be eligible for a grant under this paragraph, an entity shall— (i) be a nonprofit entity, or a consortium of nonprofit entities; and (ii) demonstrate— (I) expertise in developing recovery housing standards, including widespread adoption of its standards; (II) an existing network of national affiliate organizations responsible for implementation of standards and accreditation of providers; and (III) the ability to manage relationships with Federal agencies, agencies receiving grants under paragraph (1), statewide recovery housing accrediting organizations, and national behavioral health and housing organizations. (3) State enforcement plans Beginning not later than 90 days after the date of the enactment of this paragraph and every 2 years thereafter, as a condition on the receipt of a grant under paragraph (1), each State (or political subdivisions thereof), Tribe, or territory receiving such a grant shall submit to the Secretary, and make publicly available on a publicly accessible internet website of the State (or political subdivisions thereof), Tribe, or territory, the plan of the State (or political subdivisions thereof), Tribe, or territory, with respect to the promotion of high-quality recovery housing for individuals with a substance use disorder located within the jurisdiction of such State (or political subdivisions thereof), Tribe, or territory, and how such plan is consistent with the best practices developed under this section and guidelines developed under section 312 of the CARA 3.0 Act of 2021 (4) Review of accrediting entities The Secretary shall periodically review the accrediting entities providing technical assistance pursuant to paragraph (1)(A). . 316. Authorization of appropriations Section 550 of the Public Health Service Act ( 42 U.S.C. 290ee–5 (j) Authorization of appropriations (1) In general To carry out this section, there is authorized to be appropriated— (A) $2,000,000 for fiscal year 2021; and (B) $11,000,000 for each of fiscal years 2022 through 2026. (2) Reservations of funds For each of fiscal years 2021 through 2026, of the amounts appropriated under paragraph (1) for such fiscal year, the Secretary shall reserve— (A) not less than $1,000,000 to carry out subsection (e); (B) not less than $1,000,000 to carry out subsection (f); and (C) not less than $10,000,000 to award grants under paragraphs (1) and (2) of subsection (g). . 317. Reputable providers and analysts of recovery housing services definition Section 550(i) of the Public Health Service Act ( 42 U.S.C. 290ee–5(i) (4) The term reputable providers and analysts of recovery housing services (A) use evidence-based approaches; (B) act in accordance with guidelines issued by the Assistant Secretary for Mental Health and Substance Use; (C) have not been found guilty of health care fraud by the Department of Justice; and (D) have not been found to have violated Federal, State, or local codes of conduct with respect to recovery housing for individuals with a substance use disorder. . 318. Technical correction Title V of the Public Health Service Act ( 42 U.S.C. 290aa (1) by redesignating section 550 (relating to Sobriety Treatment and Recovery Teams) ( 42 U.S.C. 290ee–10 Public Law 115–271 (2) moving such section so it appears after section 550 (relating to National Recovery Housing Best Practices). IV Criminal justice 401. Medication-Assisted Treatment Corrections and Community Reentry Program (a) Definitions In this section— (1) the term Attorney General (2) the term certified recovery coach (A) with knowledge of, or experience with, recovery from a substance use disorder; and (B) who— (i) has completed training through, and is determined to be in good standing by— (I) a single State agency; or (II) a recovery community organization that is capable of conducting that training and making that determination; and (ii) meets the criteria specified by the Attorney General, in consultation with the Secretary of Health and Human Services, for qualifying as a certified recovery coach for the purposes of this Act; (3) the term correctional facility 34 U.S.C. 10251 (4) the term covered grant or cooperative agreement (5) the term covered program (A) to provide medication-assisted treatment to individuals who have opioid use disorder and are incarcerated within the jurisdiction of the State or unit of local government carrying out the program; and (B) that is developed, implemented, or expanded through a covered grant or cooperative agreement; (6) the term medication-assisted treatment 21 U.S.C. 301 42 U.S.C. 262 (7) the term nonprofit organization section 501(c)(3) (8) the term Panel (9) the term participant (10) the term political appointee (11) the term Program (12) the term psychosocial (13) the term recovery community organization 42 U.S.C. 290ee–2 (14) the term single State agency 42 U.S.C. 300x–32(b)(1)(A)(i) (15) the term State (A) each State of the United States; (B) the District of Columbia; and (C) each commonwealth, territory, or possession of the United States; and (16) the term unit of local government 34 U.S.C. 10251 25 U.S.C. 5304 (b) Authorization Not later than 90 days after the date of enactment of this Act, the Attorney General, in consultation with the Secretary of Health and Human Services, shall establish a program— (1) that shall be known as the medication-assisted treatment Corrections and Community Reentry Program (2) under which the Attorney General— (A) may make grants to, and enter into cooperative agreements with, States or units of local government to develop, implement, or expand 1 or more programs to provide medication-assisted treatment that meets the standard of care generally accepted for the treatment of opioid use disorder to individuals who have opioid use disorder and are incarcerated within the jurisdictions of the States or units of local government; and (B) shall establish a working relationship with 1 or more knowledgeable corrections organizations with expertise in security, medical health, mental health, and substance use disorder care to oversee and support implementation of the program, including through the use of evidence-based clinical practices. (c) Use of funds for infrastructure In developing, implementing, or expanding a medication-assisted treatment program under subsection (b)(2)(A), a State or unit of local government may use funds from a grant or cooperative agreement under that subsection to develop the infrastructure necessary to provide the medication-assisted treatment, such as— (1) establishing safe storage facilities for the drugs used in the treatment; and (2) obtaining appropriate licenses for the individuals who will administer the treatment. (d) Purposes The purposes of the Program are to— (1) develop culturally competent (as defined in section 102 of the Developmental Disabilities Assistance and Bill of Rights Act of 2000 ( 42 U.S.C. 15002 (2) reduce the risk of overdose to participants after the participants are released from incarceration; and (3) reduce the rate of reincarceration. (e) Program requirements In carrying out a covered program, a State or unit of local government— (1) shall ensure that each individual who is newly incarcerated at a correctional facility at which the covered program is carried out, and who was receiving medication-assisted treatment before being incarcerated, continues to receive medication-assisted treatment while incarcerated; (2) in providing medication-assisted treatment under the covered program, shall offer to participants each type of drug that has been approved under the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 301 42 U.S.C. 262 (3) shall use— (A) screening tools with psychometric reliability and validity that provide useful clinical data to guide the long-term treatment of participants who have— (i) opioid use disorder; or (ii) co-occurring opioid use disorder and mental disorders; (B) at each correctional facility at which the covered program is carried out, a sufficient number of personnel, as determined by the Attorney General in light of the number of individuals incarcerated at the correctional facility and the number of those individuals whom the correctional facility has screened and identified as having opioid use disorder, to— (i) monitor participants with active opioid use disorder who begin participation in the covered program while demonstrating, or develop, signs and symptoms of opioid withdrawal; (ii) provide evidence-based medically managed withdrawal care or assistance to the participants described in clause (i); (iii) prescribe or otherwise dispense— (I) the drugs that are offered under the covered program, as required under paragraph (1); and (II) naloxone or any other emergency opioid antagonist approved by the Commissioner of Food and Drugs to treat opioid overdose; (iv) discuss with participants the risks and benefits of, and differences among, the opioid antagonist, opioid agonist, and partial agonist drugs used to treat opioid use disorder; and (v) prepare a plan for release, including connecting participants with mental health and substance use treatment programs, medical care, public benefits, and housing; and (C) a certified recovery coach, social work professional, or other qualified clinician who, in order to support the sustained recovery of participants, shall work with participants who are recovering from opioid use disorder. (f) Application (1) In general A State or unit of local government desiring a covered grant or cooperative agreement shall submit to the Attorney General an application that— (A) shall include— (i) a description of— (I) the objectives of the medication-assisted treatment program that the applicant will develop, implement, or expand under the covered grant or cooperative agreement; (II) the activities that the applicant will carry out under the covered program; (III) how the activities described under subclause (II) will achieve the objectives described in subclause (I); (IV) the outreach and education component of the covered program that the applicant will carry out in order to encourage maximum participation in the covered program; and (V) how the applicant will develop connections to culturally competent (as defined in section 102 of the Developmental Disabilities Assistance and Bill of Rights Act of 2000 ( 42 U.S.C. 15002 (ii) if, under the covered program that the applicant will carry out, the applicant will not, in providing medication-assisted treatment, offer to participants not less than 1 drug that uses an opioid antagonist, not less than 1 drug that uses an opioid agonist, and not less than 1 drug that uses an opioid partial agonist, an explanation of why the applicant is unable to or chooses not to offer a drug that uses an opioid antagonist, a drug that uses an opioid agonist, or a drug that uses an opioid partial agonist, as applicable; (iii) a plan for— (I) measuring progress in achieving the objectives described in clause (i)(I), including a strategy to collect data that can be used to measure that progress; (II) collaborating with the single State agency for the applicant or 1 or more nonprofit organizations in the community of the applicant to help ensure that— (aa) if participants so desire, participants have continuity of care after release from incarceration with respect to the form of medication-assisted treatment the participants received during incarceration, including— (AA) by working with community service providers to assist eligible participants, before release from incarceration in registering for the Medicaid program under title XIX of the Social Security Act ( 42 U.S.C. 1396 section 5000A(f) (BB) if a participant cannot afford, or does not qualify for, health insurance that provides coverage with respect to enrollment in a medication-assisted treatment program, and if the participant cannot pay the cost of enrolling in a medication-assisted treatment program, by working with units of local government, nonprofit organizations, opioid use disorder treatment providers, and entities carrying out programs under substance use disorder grants to, before the participant is released from incarceration, identify a resource, other than the applicant or the covered program to be carried out by the applicant, that may be used to pay the cost of enrolling the participant in a medication-assisted treatment program; (bb) medications are securely stored; and (cc) protocols relating to diversion are maintained; and (III) with respect to each community in which a correctional facility at which a covered program will be carried out is located, collaborating with State agencies responsible for overseeing programs relating to substance use disorder and local public health officials and nonprofit organizations in the community to help ensure that medication-assisted treatment provided at each correctional facility at which the covered program will be carried out is also available at locations that are not correctional facilities in those communities, to the greatest extent practicable; and (iv) a certification that— (I) each correctional facility at which the covered program will be carried out has access to a sufficient number of clinicians who are licensed to prescribe or otherwise dispense to participants the drugs for the treatment of opioid use disorder required to be offered under subsection (e)(1), which may include clinicians who use telemedicine, in accordance with regulations issued by the Administrator of the Drug Enforcement Administration, to provide services under the covered program; and (II) the covered program will provide culturally competent (as defined in section 102 of the Developmental Disabilities Assistance and Bill of Rights Act of 2000 ( 42 U.S.C. 15002 (B) may include a statement indicating the number of participants that the applicant expects to serve through the covered program. (2) Medication-assisted treatment Corrections and Community Reentry Application Review Panel (A) In general Not later than 60 days after the date of enactment of this Act, the Attorney General shall establish a Medication-Assisted Treatment Corrections and Community Reentry Application Review Panel that shall— (i) be composed of not fewer than 10 individuals and not more than 15 individuals; and (ii) include— (I) 1 or more employees, who are not political appointees, of— (aa) the Department of Justice; (bb) the Substance Abuse and Mental Health Service Administration; (cc) the National Center for Injury Prevention and Control at the Centers for Disease Control and Prevention; and (dd) the Office of National Drug Control Policy; and (II) other stakeholders who— (aa) have expert knowledge relating to the opioid epidemic, drug treatment, health equity, culturally competent (as defined in section 102 of the Developmental Disabilities Assistance and Bill of Rights Act of 2000 ( 42 U.S.C. 15002 (bb) represent law enforcement organizations and public health entities. (B) Duties (i) In general The Panel shall— (I) review and evaluate applications for covered grants and cooperative agreements; and (II) make recommendations to the Attorney General relating to the awarding of covered grants and cooperative agreements. (ii) Rural communities In reviewing and evaluating applications under clause (i), the Panel shall take into consideration the unique circumstances, including the lack of resources relating to the treatment of opioid use disorder, faced by rural States and units of local government. (C) Termination The Panel shall terminate on the last day of fiscal year 2023. (3) Publication of criteria in Federal Register Not later than 90 days after the date of enactment of this Act, the Attorney General, in consultation with the Panel, shall publish in the Federal Register— (A) the process through which applications submitted under paragraph (1) shall be submitted and evaluated; and (B) the criteria used in awarding covered grants and cooperative agreements. (g) Duration A covered grant or cooperative agreement shall be for a period of not more than 4 years, except that the Attorney General may extend the term of a covered grant or cooperative agreement based on outcome data or extenuating circumstances relating to the covered program carried out under the covered grant or cooperative agreement. (h) Report (1) In general Not later than 2 years after the date on which a State or unit of local government is awarded a covered grant or cooperative agreement, and each year thereafter until the date that is 1 year after the date on which the period of the covered grant or cooperative agreement ends, the State or unit of local government shall submit a report to the Attorney General that includes information relating to the covered program carried out by the State or unit of local government, including information relating to— (A) the goals of the covered program; (B) any evidence-based interventions carried out under the covered program; (C) outcomes of the covered program, which shall— (i) be reported in a manner that distinguishes the outcomes based on the categories of, with respect to the participants in the covered program— (I) the race of the participants; and (II) the gender of the participants; and (ii) include information relating to the rate of reincarceration among participants in the covered program, if available; and (D) expenditures under the covered program. (2) Publication (A) Awardee A State or unit of local government that submits a report under paragraph (1) shall make the report publicly available on— (i) the website of each correctional facility at which the State or unit of local government carried out the covered grant program; and (ii) if a correctional facility at which the State or unit of local government carried out the covered grant program does not operate a website, the website of the State or unit of local government. (B) Attorney General The Attorney General shall make each report received under paragraph (1) publicly available on the website of the National Institute of Corrections. (3) Submission to Congress Not later than 2 years after the date on which the Attorney General awards the first covered grant or cooperative agreement, and each year thereafter, the Attorney General shall submit to the Committee on the Judiciary of the Senate and the Committee on the Judiciary of the House of Representatives a summary and compilation of the reports that the Attorney General has received under paragraph (1) during the year preceding the date on which the Attorney General submits the summary and compilation. (i) Authorization of appropriations There are authorized to be appropriated $50,000,000 to carry out this section for each of fiscal years 2021 through 2026. 402. Deflection and pre-arrest diversion (a) Findings Congress finds the following: (1) Law enforcement officers and other first responders are at the front line of the opioid epidemic. However, a traditional law enforcement response to substance use often fails to disrupt the cycle of addiction and arrest, or reduce the risk of overdose. (2) Law enforcement-assisted deflection and diversion programs have the potential to improve public health, decrease the number of people entering the criminal justice system for low-level offenses, and address racial disparities. (3) According to the Bureau of Justice Assistance of the Department of Justice, Five pathways have been most commonly associated with opioid overdose prevention and diversion to treatment. (A) self-referral (i) an individual voluntarily initiates contact with a first responder, such as a law enforcement officer, firefighter, or emergency medical services professional, for a treatment referral (without fear of arrest); and (ii) the first responder personally introduces the individual to a treatment provider (commonly known as a warm handoff (B) active outreach (i) identifies or seeks out individuals in need of substance use disorder treatment; and (ii) makes a warm handoff of such an individual to a treatment provider, who engages the individual in treatment; (C) naloxone plus (D) officer prevention referral (E) officer intervention referral (i) a law enforcement officer or other first responder initiates treatment engagement with an individual; and (ii) (I) criminal charges are filed against the individual and held in abeyance; or (II) a citation is issued to the individual. (4) As of the date of enactment of this Act, there are no national best practices or guidelines for law enforcement-assisted deflection and diversion programs. (b) Use of Byrne JAG funds for deflection and diversion programs Section 501 of title I of the Omnibus Crime Control and Safe Streets Act of 1968 ( 34 U.S.C. 10152 (1) in subsection (a)(1)(E), by inserting before the period at the end the following: , including law enforcement-assisted deflection programs and law enforcement-assisted pre-arrest and pre-booking diversion programs (as those terms are defined in subsection (h)) (2) by adding at the end the following: (h) Law enforcement-Assisted deflection programs and law enforcement-Assisted pre-Arrest and pre-Booking diversion programs (1) Definitions In this subsection: (A) Covered grant The term covered grant (B) Deflection or diversion program The term deflection or diversion program (i) an individual voluntarily initiates contact with a first responder for a substance use disorder or mental health treatment referral without fear of arrest and receives a warm handoff to such treatment; (ii) a law enforcement officer or other first responder identifies or seeks out individuals in need of substance use disorder or mental health treatment and a warm handoff is made to a treatment provider, who engages the individuals in treatment; (iii) a law enforcement officer or other first responder engages an individual in substance use disorder treatment as part of an overdose response; (iv) a law enforcement officer or other first responder initiates substance use disorder or mental health treatment engagement, but no criminal charges are filed; (v) a law enforcement officer or other first responder initiates substance use disorder or mental health treatment engagement with an individual; or (vi) charges are filed against an individual who has committed an offense that is not a crime against a person, and the primary cause of which appears to be based on a substance use disorder or mental health disorder and held in abeyance or a citation is issued to such an individual. (C) Law enforcement-assisted deflection program The term law enforcement-assisted deflection program (i) without the use of coercion or fear of arrest; and (ii) using established pathways for connections to local, community-based treatment. (D) Law enforcement-assisted pre-arrest or pre-booking diversion program The term law enforcement-assisted pre-arrest or pre-booking diversion program (i) under which a law enforcement officer, when encountering an individual who has committed an offense that is not a crime against a person, and the primary cause of which appears to be based on a substance use disorder or the mental health disorder of the individual, instead of arresting the individual, or instead of booking the individual after having arrested the individual, attempts to connect the individual to substance use disorder treatment providers or mental health treatment providers— (I) without the use of coercion; and (II) using established pathways for connections to local, community-based treatment; (ii) under which, in the case of pre-arrest diversion, a law enforcement officer described in clause (i) may decide to— (I) issue a civil citation; or (II) take no action with respect to the offense for which the officer would otherwise have arrested the individual described in clause (i); and (iii) that may authorize a law enforcement officer to refer an individual to substance use disorder treatment providers or mental health treatment providers if the individual appears to have a substance use disorder or mental health disorder and the officer suspects the individual of chronic violations of law but lacks probable cause to arrest the individual (commonly known as a social contact referral (2) Sense of Congress regarding deflection or diversion programs It is the sense of Congress that a deflection or diversion program funded under this subpart should not exclude individuals who are chronically exposed to the criminal justice system. (3) Reports to Attorney General Not later than 2 years after the date on which a State or unit of local government is awarded a covered grant, and each year thereafter until the date that is 1 year after the date on which the period of the covered grant ends, the State or unit of local government shall submit a report to the Attorney General that includes information relating to the deflection or diversion program carried out by the State or unit of local government, including information relating to— (A) the goals of the deflection or diversion program; (B) any evidence-based interventions carried out under the deflection or diversion program; (C) outcomes of the deflection or diversion program, which shall— (i) be reported in a manner that distinguishes the outcomes based on the categories of, with respect to the participants in the deflection or diversion program— (I) the race of the participants; and (II) the gender of the participants; and (ii) include information relating to the rate of reincarceration among participants in the deflection or diversion program, if available; and (D) expenditures under the deflection or diversion program. . (c) Technical assistance grant program (1) Definitions In this subsection— (A) the term deflection or diversion program 34 U.S.C. 10152 (B) the terms State unit of local government 34 U.S.C. 10251 (2) Grant authorized The Attorney General shall award a single grant to an entity with significant experience in working with law enforcement agencies, community-based treatment providers, and other community-based human service providers to develop or administer both deflection and diversion programs that use each of the 5 pathways described in subsection (a)(3), to promote and maximize the effectiveness and racial equity of deflection or diversion programs, in order to— (A) help State and units of local government launch and expand deflection or diversion programs; (B) develop best practices for deflection or diversion teams, which shall include— (i) recommendations on community input and engagement in order to implement deflection or diversion programs as rapidly as possible and with regard to the particular needs of a community, including regular community meetings and other mechanisms for engagement with— (I) law enforcement agencies; (II) community-based treatment providers and other community-based human service providers; (III) the recovery community; and (IV) the community at-large; and (ii) the implementation of metrics to measure community satisfaction concerning the meaningful participation and interaction of the community with the deflection or diversion program and program stakeholders; (C) develop and publish a training and technical assistance tool kit for deflection or diversion for public education purposes; (D) disseminate uniform criteria and standards for the delivery of deflection or diversion program services; and (E) develop outcome measures that can be used to continuously inform and improve social, clinical, financial and racial equity outcomes. (3) Term The term of the grant awarded under paragraph (2) shall be 5 years. (4) Authorization of appropriations There are authorized to be appropriated to the Attorney General $30,000,000 for the grant under paragraph (2). 403. Housing (a) In general Section 576 of the Quality Housing and Work Responsibility Act of 1998 ( 42 U.S.C. 13661 (a) Ineligibility of illegal drug users and alcohol abusers Notwithstanding any other provision of law, a public housing agency or an owner of federally assisted housing, as determined by the Secretary, may only prohibit admission to the program or admission to federally assisted housing for an individual whom the public housing agency or owner determines is illegally using a controlled substance or abusing alcohol if— (1) the agency or owner determines that the individual is using the controlled substance or abusing alcohol in a manner that interferes with the health or safety of other residents; and (2) the individual is not participating in a substance use disorder assessment and treatment. (b) Authority To deny admission to criminal offenders (1) In general Except as provided in subsection (a), in addition to any other authority to screen applicants, and subject to paragraphs (2) and (3) of this subsection, a public housing agency or an owner of federally assisted housing may only prohibit admission to the program or to federally assisted housing for an individual based on criminal activity of the individual if the public housing agency or owner determines that the individual, during a reasonable time preceding the date on which the individual would otherwise be selected for admission, was convicted of a crime involving conduct that threatens the health or safety of other residents. (2) Exceptions and limitations A conviction that has been vacated, a conviction the record of which has been sealed or expunged, or a conviction for a crime committed by an individual when the individual was less than 18 years of age, shall not be grounds for denial of admission under paragraph (1). (3) Admission policy (A) Factors to consider In evaluating the criminal history of an individual under paragraph (1), a public housing agency or an owner of federally assisted housing shall consider— (i) whether an offense of which the individual was convicted bears a relationship to the safety and security of other residents; (ii) the level of violence, if any, of an offense of which the individual was convicted; (iii) the length of time since a conviction; (iv) the number of convictions; (v) if the individual is in recovery for a substance use disorder, whether the individual was under the influence of alcohol or illegal drugs at the time of an offense; and (vi) any rehabilitation efforts that the individual has undertaken since the time of a conviction, including completion of a substance use treatment program. (B) Written policy A public housing agency or an owner of federally assisted housing shall establish and make available to applicants a written admission policy that enumerates the specific factors, including the factors described in subparagraph (A), that will be considered when the public housing agency or owner evaluates the criminal history of an individual under paragraph (1). . (b) Updating regulations The Secretary of Housing and Urban Development shall amend subpart I of part 5 of title 24, Code of Federal Regulations, as necessary to implement the amendment made by subsection (a) of this section. 404. Veterans treatment courts Section 2991 of title I of the Omnibus Crime Control and Safe Streets Act of 1968 ( 34 U.S.C. 10651 (1) in subsection (a)— (A) in paragraph (2)— (i) in the matter preceding subparagraph (A)— (I) by inserting , substance use disorder, mental health (II) by inserting or adults or juveniles with substance use disorders mentally ill adults or juveniles (ii) in subparagraph (A), by inserting or substance use mental health (iii) in subparagraph (B), by inserting or substance use mental health (B) in paragraph (4)— (i) in subparagraph (A), by inserting or substance use disorder mental health (ii) in subparagraph (C), by inserting or offenders with substance use disorders mentally ill offenders (C) in paragraph (5)— (i) in the heading, by inserting or substance use disorder Mental health (ii) by striking mental health agency mental health or substance use agency (iii) by inserting , substance use services, mental health services (D) in paragraph (9)— (i) in subparagraph (A)— (I) in clause (i)— (aa) in subclause (I), by inserting , a substance use disorder, a mental illness (bb) in subclause (II), by inserting , substance use disorder, mental illness (II) in clause (ii)(II), by inserting or substance use mental health (E) by redesignating paragraph (11) as paragraph (12); and (F) by inserting after paragraph (10) the following: (11) Substance use court The term substance use court ; (2) in subsection (b)— (A) in paragraph (2)— (i) in subparagraph (A), by inserting , substance use courts, mental health courts (ii) in subparagraph (B)— (I) by inserting mental health disorders, substance use disorders, or co-occurring mental illness and substance use problems (II) by striking illnesses disorders, illnesses, or problems (iii) in subparagraph (C)— (I) in the matter preceding clause (i)— (aa) by striking mental health agencies mental health or substance use agencies (bb) by striking and, where appropriate, or (II) in clause (i), by inserting , substance use disorders, mental illness (iv) in subparagraph (D), by inserting or offender with a substance use disorder mentally ill offender (B) in paragraph (5)— (i) in subparagraph (B)— (I) in clause (i)— (aa) by inserting or substance use court mental health court (bb) by striking mental health agency mental health or substance use agency (II) in clause (ii), by striking and substance use services for individuals with co-occurring mental health and substance use disorders or substance use services (ii) in subparagraph (C)— (I) in clause (i)(I), by inserting , substance use disorders, mental illness (II) in clause (ii)— (aa) in subclause (II), by inserting , substance use, mental health, (bb) in subclause (V), by striking mental health services mental health or substance use services (cc) in subclause (VI), by inserting or individuals with substance use disorders mentally ill individuals (iii) in subparagraph (D), by inserting or offenders with substance use disorders mentally ill offenders (iv) in subparagraph (E), by inserting or substance use disorders mental illness (v) in subparagraph (H), by striking and mental health , mental health, and substance use (vi) in subparagraph (I)— (I) in clause (i)— (aa) in the heading, by inserting , substance use courts, Mental health courts (bb) by inserting or substance use courts mental health courts (cc) by inserting or part EE, as applicable, part V (II) in clause (iv), by inserting or substance use mental health (3) in subsection (c)— (A) in paragraph (1), by inserting , offenders with substance use disorders, mentally ill offenders (B) in paragraph (2), by inserting and offenders with substance use disorders mentally ill offenders (C) in paragraph (3), by inserting or substance use courts mental health courts (4) in subsection (e)— (A) in paragraph (1), by inserting or substance use disorders mental illness (B) in paragraph (4), by inserting or substance use disorders mental illness (5) in subsection (h)— (A) in the heading, by inserting and offenders with substance use disorders mentally ill offenders (B) in paragraph (1)— (i) in subparagraph (A), by inserting or substance use disorders mental illnesses (ii) in subparagraph (C), by inserting or offenders with substance use disorders mentally ill offenders (iii) in subparagraph (D)— (I) by inserting or substance use mental health (II) by inserting or offenders with substance use disorders mentally ill offenders (iv) in subparagraph (E), by inserting or substance use disorders mental illnesses (v) in subparagraph (F), by inserting , substance use disorders, mental health disorders (C) in paragraph (2), by inserting or substance use disorders mental illnesses (6) in subsection (i)(2)— (A) in subparagraph (B)— (i) by redesignating clauses (i), (ii), and (iii) as subclauses (I), (II), and (III), and adjusting the margins accordingly; (ii) in the matter preceding subclause (I), as so redesignated, by striking shall give priority to applications that— shall give priority to— (i) applications that— ; and (iii) by striking the period at the end and inserting the following: ; and (ii) applications to establish or expand veterans treatment court programs that— (I) allow participation by a veteran receiving any type of medication-assisted treatment that involves the use of any drug or combination of drugs that have been approved under the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 301 42 U.S.C. 262 (II) follow the Adult Drug Court Best Practice Standards published by the National Association of Drug Court Professionals; and (III) provide culturally competent (as defined in section 102 of the Developmental Disabilities Assistance and Bill of Rights Act of 2000 ( 42 U.S.C. 15002 ; and (B) by adding at the end the following: (C) Disclosure and reporting requirements (i) Requirements for veterans treatment court program grantees An applicant that receives a grant under this subsection to establish or expand a veterans treatment court program shall— (I) disclose to the Attorney General any contract or relationship between the applicant and a local treatment provider; (II) track and report to the Attorney General the number of referrals to local treatment providers provided by the program; and (III) track and report to the Attorney General, with respect to each participant in the program— (aa) each charge brought against the participant; (bb) the demographics of the participant; and (cc) the outcome of the participant's case. (ii) Attorney General report The Attorney General shall periodically submit to Congress a report containing the information reported to the Attorney General under clause (i). (D) Sense of Congress regarding veterans treatment court programs It is the sense of Congress that a veterans treatment court program that receives funding from a grant under this subsection should not exclude individuals who are chronically exposed to the criminal justice system. ; (7) in subsection (j)— (A) in paragraph (1), by inserting or substance use disorders mental illness (B) in paragraph (2)(A), by inserting or substance use disorders mental illnesses (8) in subsection (k)(3)(A)(i)(I)(aa), by inserting or substance use disorders mental illnesses (9) in subsection (l)— (A) in paragraph (1)(B)(ii), by inserting or substance use disorder mental illness (B) in paragraph (2)— (i) in subparagraph (C)(iii), by inserting or substance use mental health (ii) in subparagraph (D), by striking mental health or mental health disorders, substance use disorders, or (10) in subsection (o)(3)— (A) by striking Limitation Veterans (B) by striking Not more than (A) Limitation Not more than ; (C) in subparagraph (A), as so designated, by striking this section paragraph (1) (D) by adding at the end the following: (B) Additional funding In addition to the amounts authorized under paragraph (1), there are authorized to be appropriated to the Department of Justice to carry out subsection (i) $20,000,000 for each of fiscal years 2021 through 2026. . 405. Infrastructure for reentry (a) Community economic development grants Section 680(a)(2) of the Community Services Block Grant Act ( 42 U.S.C. 9921(a)(2) (1) in subparagraph (A)— (A) by striking to private, nonprofit organizations that are community development corporations (i) private, nonprofit community development corporations ; (B) by striking the period at the end and inserting ; or (C) by adding at the end the following: (ii) community development corporations described in clause (i), or partnerships between such a corporation and another private, nonprofit entity, to fund and oversee the construction of facilities for treatment of mental and substance use disorders, supportive housing, or of re-entry centers, that are not jails, prisons, or other correctional facilities. ; (2) in subparagraph (C)— (A) by inserting or partnership corporation (B) by striking principal purpose planning (i) planning ; (C) by striking the period at the end and inserting ; or (ii) planning or constructing facilities for crisis intervention, treatment of mental and substance use disorders, supportive housing, or of re-entry centers. ; and (3) by adding at the end the following: (F) Definition In this paragraph, the term crisis intervention one-stop . (b) CDBG assistance for construction of substance abuse and mental health treatment facilities, supportive housing, and reentry centers Section 105(a) of the Housing and Community Development Act of 1974 ( 42 U.S.C. 5305(a) (1) in paragraph (25), by striking and (2) in paragraph (26), by striking the period at the end and inserting ; and (3) by adding at the end the following: (27) the construction of crisis intervention centers, substance abuse and mental health treatment facilities, supportive housing, and reentry centers. . (c) Communities facilities loan and grant programs Section 306(a) of the Consolidated Farm and Rural Development Act ( 7 U.S.C. 1926(a) (1) by inserting after paragraph (6) the following: (7) Prohibition on use of loans for certain purposes No loan made or insured under this subsection shall be used to support the construction, renovation, equipment purchasing, operation, staffing, or any other function of a jail, prison, detention center, or other correctional facility. ; and (2) in paragraph (19), by adding at the end the following: (C) Prohibition on use of grants for certain purposes No grant made under this paragraph shall be used to support the construction, renovation, equipment purchasing, operation, staffing, or any other function of a jail, prison, detention center, or other correctional facility. (D) Inclusion of certain infrastructure for reentry In this paragraph, the terms essential community facility facility . | CARA 3.0 Act of 2021 |
Native American Language Resource Center Act of 2022 This act authorizes the Department of Education to make a grant to or enter into a contract with an eligible entity (e.g., an institution of higher education) to establish, operate, and staff a Native American language resource center. The center must serve as a resource to improve the capacity to teach and learn Native American languages, further Native American language use and acquisition, and support the revitalization and reclamation of Native American languages. | S989 ENR: Native American Language Resource Center Act of 2022 U.S. Senate text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. One Hundred Seventeenth Congress of the United States of America 2d Session Begun and held at the City of Washington on Monday, the third day of January, two thousand and twenty two S. 989 IN THE SENATE OF THE UNITED STATES AN ACT To establish a Native American language resource center in furtherance of the policy set forth in the Native American Languages Act. 1. Short title This Act may be cited as the Native American Language Resource Center Act of 2022 2. Native American language resource centers (a) Purpose The purpose of this Act is to further align the resources provided by the Department of Education with the policies set forth in the Native American Languages Act ( 25 U.S.C. 2901 et seq. (b) In general The Secretary of Education is authorized to make a grant to, or enter into a contract with, an eligible entity for the purpose of— (1) establishing, strengthening, and operating a Native American language resource center; and (2) staffing the center with individuals with relevant expertise and experience, including staff who speak American Indian and Alaska Native languages and the Native Hawaiian language and have worked in language education in the American Indian and Alaska Native languages and the Native Hawaiian language in a preschool, elementary school, secondary school, adult education, or higher education program. (c) Authorized activities The Native American language resource center established under subsection (b) shall carry out activities to— (1) improve the capacity to teach and learn Native American languages; (2) further Native American language use and acquisition; (3) preserve, protect, and promote the rights and freedom of Native Americans to use, practice, and develop Native American languages in furtherance of— (A) the policies set forth in the Native American Languages Act ( 25 U.S.C. 2901 et seq. (B) the United States trust responsibility to Native American communities; (4) address the effects of past discrimination and ongoing inequities experienced by Native American language speakers; (5) support the revitalization and reclamation of Native American languages; and (6) support the use of Native American languages as a medium of instruction for a wide variety of age levels, academic content areas, and types of schools, including Native American language medium education. (d) Additional authorized activities The Native American language resource center established under subsection (b) may also carry out activities— (1) to encourage and support the use of Native American languages within educational systems in the same manner as other world languages, including by encouraging State educational agencies, local educational agencies, and institutions of higher education to offer Native American language courses the same full academic credit as courses in other world languages; (2) to support the development, adoption, and use of educational outcome metrics aligned with the Native American language of instruction, including assessments, qualifications, and processes based on promising practices in Native American language medium education; (3) to provide assistance to Native American language programs seeking Federal resources; (4) to encourage and support teacher preparation programs that prepare teachers to teach Native American languages and to use Native American languages as a medium of instruction, including by disseminating promising practices and developing pedagogical programming and through appropriate alternative pathways to teacher certification; (5) to provide information and resources— (A) on promising practices in the use and revitalization of Native American languages in Native American communities, including use in educational institutions; and (B) for the use of technology in school and community-based Native American language programs to support the retention, use, and teaching of Native American languages; (6) to support the use of distance learning technologies and training for parents, students, teachers, and learning support staff associated with Native American language programs, including— (A) the compilation and curation of digital libraries and other online resources for Native American languages, except that any materials collected by the center shall only be materials provided by a Native American language program or Native American community; (B) the development of optional distance learning curricula appropriate for preschool, elementary school, secondary school, adult education, and postsecondary education; (C) pedagogical training for Native American language teachers; and (D) other efforts necessary to continue Native American language acquisition through distance learning; (7) to provide technical assistance for Native American communities and school systems to develop Native American language medium education programs in preschool, elementary school, secondary school, or adult education programs conducted through the medium of Native American languages; (8) to support Native American language programs and Native American communities in— (A) accessing international best practices, resources, and research in indigenous language revitalization; and (B) gathering and sharing technical assistance, promising practices, and experiences; (9) for the operation of intensive programs, including summer institutes, to train Native American language speakers, to provide professional development, and to improve Native American language instruction through preservice and in-service language training for teachers; and (10) that otherwise support the Native American language resource center established under subsection (b) to carry out the activities required in subsection (c). (e) Definitions In this section: (1) ESEA definitions The terms elementary school local educational agency secondary school State educational agency 20 U.S.C. 7801 (2) Eligible entity The term eligible entity (A) an institution of higher education; (B) an entity within an institution of higher education with dedicated expertise in Native American language and culture education; or (C) a consortium that includes 1 or more institutions of higher education or 1 or more entities described in subparagraph (B). (3) Institution of higher education The term institution of higher education 20 U.S.C. 1001 (4) Native american; native american language The terms Native American Native American language 25 U.S.C. 2902 (f) Authorization of appropriations There are authorized to be appropriated to carry out this section, $3,000,000 for each fiscal year. Speaker of the House of Representatives Vice President of the United States and President of the Senate | Native American Language Resource Center Act of 2022 |
Life at Conception Act of 2021 This bill declares that the right to life guaranteed by the Constitution is vested in each human being at all stages of life, including the moment of fertilization, cloning, or other moment at which an individual comes into being. Nothing in this bill shall be construed to require the prosecution of any woman for the death of her unborn child, a prohibition on in vitro fertilization, or a prohibition on use of birth control or another means of preventing fertilization. | 117 S99 IS: Life at Conception Act of 2021 U.S. Senate 2021-01-28 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 117th CONGRESS 1st Session S. 99 IN THE SENATE OF THE UNITED STATES January 28, 2021 Mr. Paul Mr. Daines Mr. Thune Mr. Rounds Mrs. Blackburn Mr. Marshall Mr. Risch Mr. Inhofe Mr. Wicker Mr. Braun Mr. Crapo Mr. Cramer Mr. Kennedy Mr. Scott of South Carolina Committee on the Judiciary A BILL To implement equal protection under the 14th Amendment to the Constitution of the United States for the right to life of each born and preborn human person. 1. Short title This Act may be cited as the Life at Conception Act of 2021 2. Right to life To implement equal protection for the right to life of each born and preborn human person, and pursuant to the duty and authority of Congress, including Congress’ power under section 8 of article I of the Constitution of the United States to make necessary and proper laws, and Congress’ power under section 5 of the 14th Amendment to the Constitution, the Congress hereby declares that the right to life guaranteed by the Constitution is vested in each human being. Nothing in this Act shall be construed to require the prosecution of any woman for the death of her unborn child, a prohibition on in vitro fertilization, or a prohibition on use of birth control or another means of preventing fertilization. 3. Definitions In this Act: (1) Human person; human being The terms human person human being (2) State For purposes of applying the 14th Amendment to the Constitution of the United States and other applicable provisions of the Constitution to carry out section 2, the term State | Life at Conception Act of 2021 |
Northern Rio Grande National Heritage Area Reauthorization Act of 2021 This bill extends the authority of the Department of the Interior to provide any assistance to the Northern Rio Grande National Heritage Area in New Mexico for another 15-year period. | 109 S990 IS: Northern Rio Grande National Heritage Area Reauthorization Act of 2021 U.S. Senate 2021-03-25 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 117th CONGRESS 1st Session S. 990 IN THE SENATE OF THE UNITED STATES March 25, 2021 Mr. Heinrich Committee on Energy and Natural Resources A BILL To reauthorize the Northern Rio Grande National Heritage Area. 1. Short title This Act may be cited as the Northern Rio Grande National Heritage Area Reauthorization Act of 2021 2. Reauthorization of the Northern Rio Grande National Heritage Area Section 208 of the Northern Rio Grande National Heritage Area Act ( 54 U.S.C. 320101 Public Law 109–338 15 years 30 years | Northern Rio Grande National Heritage Area Reauthorization Act of 2021 |
Preventing SBA Assistance from Going to China Act of 2021 This bill prohibits the Small Business Administration from providing aid, counsel, or assistance to a small business concern that (1) is headquartered in China, or (2) has more than 25% of voting stock owned by citizens of China. | 117 S993 IS: Preventing SBA Assistance from Going to China Act of 2021 U.S. Senate 2021-03-25 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 117th CONGRESS 1st Session S. 993 IN THE SENATE OF THE UNITED STATES March 25, 2021 Mr. Rubio Ms. Ernst Mr. Kennedy Committee on Small Business and Entrepreneurship A BILL To prohibit certain business concerns from receiving assistance from the Small Business Administration, and for other purposes. 1. Short title This Act may be cited as the Preventing SBA Assistance from Going to China Act of 2021 2. Prohibition on affiliation with the People's Republic of China (a) In general Section 3(a) of the Small Business Act ( 15 U.S.C. 632(a) (10) Prohibition on affiliation with the People's Republic of China For purposes of this Act, a small business concern may not— (A) be headquartered in the People's Republic of China; or (B) have more than 25 percent of the voting stock of the small business concern owned by affiliates that are citizens of the People's Republic of China. . (b) Regulations and guidance The Administrator of the Small Business Administration shall amend the regulations and guidance of the Administration, including sections 120.100, 120.110, and 121.105 of title 13, Code of Federal Regulations, to carry out the amendment made by this Act. | Preventing SBA Assistance from Going to China Act of 2021 |
For the 99.5 Percent Act This bill imposes increased tax rates on decedent estates, gifts, and generation-skipping transfers. Estates with a value of over $1 billion are taxed at a 65% tax rate. The basic exclusion amount is reduced to $3.5 million. The bill increases (1) to $3 million the reduction in valuations of farmland for estate tax purposes and adjusts such increased amount for inflation, and (2) to $2 million the maximum estate tax exclusion for contributions of conservation easements. It also increases to 60% the applicable percentage for such exclusion. The bill requires (1) consistent basis reporting for property acquired by gift and transfers in trust, and (2) executors of estates and donors of gifts required to file a gift tax return to disclose to the Department of the Treasury, and to recipients of any interest in an estate or a gift, information identifying the value of each interest received. The bill sets forth estate valuation rules for certain transfers of nonbusiness assets and limits estate tax discounts for certain individuals with minority interests in a business acquired from a decedent. The bill expands rules for valuing assets in grantor retained annuity trusts to require that (1) the right to receive fixed amounts from an annuity last for a term of not less than 10 years and not more than the life expectancy of the annuitant plus 10 years, and that such fixed amounts not decrease during the first 10 years of the annuity term, and (2) the remainder interest have a value when transferred that is not less than the the greater of 25% of the fair market value of the trust property or $500,000. The bill also sets forth rules for the application of transfer taxes to a grantor trust (a trust in which the grantor retains control over the trust assets and has the right to receive income from the trust). The bill eliminates the generation-skipping transfer tax exemption for any trust whose termination date is not greater than 50 years after its creation. The bill modifies the tax exclusion for annual gifts to eliminate the present interest requirement for such exclusion and to impose a new, aggregate per donor limit equal to twice the annual exclusion amount in effect for the taxable year. | 117 S994 IS: For the 99.5 Percent Act U.S. Senate 2021-03-25 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 117th CONGRESS 1st Session S. 994 IN THE SENATE OF THE UNITED STATES March 25, 2021 Mr. Sanders Mrs. Gillibrand Mr. Whitehouse Mr. Van Hollen Mr. Reed Committee on Finance A BILL To amend the Internal Revenue Code of 1986 to reinstate estate and generation-skipping taxes, and for other purposes. 1. Short title This Act may be cited as the For the 99.5 Percent Act 2. Modifications to estate, gift, and generation-skipping transfer taxes (a) Modification of rates Section 2001(c) Over $750,000 but not over $3,500,000 $248,300 plus 39 percent of the excess of such amount over $750,000. Over $3,500,000 but not over $10,000,000 $1,320,800 plus 45 percent of the excess of such amount over $3,500,000. Over $10,000,000 but not over $50,000,000 $4,245,800 plus 50 percent of the excess of such amount over $10,000,000. Over $50,000,000 but not over $1,000,000,000 $24,245,800 plus 55 percent of the excess of such amount over $50,000,000. Over $1,000,000,000 $546,745,800 plus 65 percent of the excess of such amount over $1,000,000,000. . (b) Exclusion amount (1) Estate tax Paragraph (3) of section 2010(c) (3) Basic exclusion amount For purposes of this section, the basic exclusion amount is $3,500,000. . (2) Modification to gift tax exclusion amount Paragraph (1) of section 2505(a) (1) the applicable credit amount in effect under section 2010(c) for such calendar year (determined as if the basic exclusion amount in section 2010(c)(2)(A) were $1,000,000), reduced by . (c) Effective date The amendments made by this section shall apply to estates of decedents dying, and generation-skipping transfers and gifts made, after December 31, 2021. 3. Modification of rules for value of certain farm, etc., real property (a) In general Paragraph (2) of section 2032A(a) $750,000 $3,000,000 (b) Inflation adjustment Paragraph (3) of section 2032A(a) of such Code is amended— (1) by striking 1998 2022 (2) by striking $750,000 $3,000,000 (3) by striking calendar year 1997 calendar year 2021 (c) Effective date The amendments made by this section shall apply to estates of decedents dying, and gifts made, after December 31, 2021. 4. Modification of estate tax rules with respect to land subject to conservation easements (a) Modification of exclusion limitation Subparagraph (B) of section 2031(c)(1) $500,000 $2,000,000 (b) Modification of applicable percentage Paragraph (2) of section 2031(c) 40 percent 60 percent (c) Effective date The amendments made by this section shall apply to estates of decedents dying, and gifts made, after December 31, 2021. 5. Disallowance of step-up in basis for property held in certain grantor trusts (a) In general Section 1014 (1) by redesignating subsection (f) as subsection (g), and (2) by inserting after subsection (e) the following: (f) Property held in certain grantor trusts This section shall not apply to property— (1) held in a trust of which the transferor is considered the owner under subpart E of part I of subchapter J, and (2) if, after the transfer of such property to the trust, such property is not includible in the gross estate of the transferor for purposes of chapter 11. . (b) Conforming amendment Section 6662(k) 1014(f) 1014(g) (c) Effective date The amendments made by this section shall apply to transfers after the date of the enactment of this Act. 6. Valuation rules for certain transfers of nonbusiness assets; limitation on minority discounts (a) In general Section 2031 (d) Valuation rules for certain transfers of nonbusiness assets For purposes of this chapter and chapter 12— (1) In general In the case of the transfer of any interest in an entity other than an interest which is actively traded (within the meaning of section 1092)— (A) the value of any nonbusiness assets held by the entity with respect to such interest shall be determined as if the transferor had transferred such assets directly to the transferee (and no valuation discount shall be allowed with respect to such nonbusiness assets), and (B) such nonbusiness assets shall not be taken into account in determining the value of the interest in the entity. (2) Nonbusiness assets For purposes of this subsection— (A) In general The term nonbusiness asset (B) Exception for certain passive assets Except as provided in subparagraph (C), a passive asset shall not be treated for purposes of subparagraph (A) as used in the active conduct of a trade or business unless— (i) the asset is property described in paragraph (1) or (4) of section 1221(a) or is a hedge with respect to such property, or (ii) the asset is real property used in the active conduct of 1 or more real property trades or businesses (within the meaning of section 469(c)(7)(C)) in which the transferor materially participates and with respect to which the transferor meets the requirements of section 469(c)(7)(B)(ii). For purposes of clause (ii), material participation shall be determined under the rules of section 469(h), except that section 469(h)(3) shall be applied without regard to the limitation to farming activity. (C) Exception for working capital Any asset (including a passive asset) which is held as a part of the reasonably required working capital needs of a trade or business shall be treated as used in the active conduct of a trade or business. (3) Passive asset For purposes of this subsection, the term passive asset (A) cash or cash equivalents, (B) except to the extent provided by the Secretary, stock in a corporation or any other equity, profits, or capital interest in any entity, (C) evidence of indebtedness, option, forward or futures contract, notional principal contract, or derivative, (D) asset described in clause (iii), (iv), or (v) of section 351(e)(1)(B), (E) annuity, (F) real property used in 1 or more real property trades or businesses (as defined in section 469(c)(7)(C)), (G) asset (other than a patent, trademark, or copyright) which produces royalty income, (H) commodity, (I) collectible (within the meaning of section 408(m)), or (J) any other asset specified in regulations prescribed by the Secretary. (4) Look-thru rules (A) In general If a nonbusiness asset of an entity consists of a 10-percent interest in any other entity, this subsection shall be applied by disregarding the 10-percent interest and by treating the entity as holding directly its ratable share of the assets of the other entity. This subparagraph shall be applied successively to any 10-percent interest of such other entity in any other entity. (B) 10-percent interest The term 10-percent interest (i) in the case of an interest in a corporation, ownership of at least 10 percent (by vote or value) of the stock in such corporation, (ii) in the case of an interest in a partnership, ownership of at least 10 percent of the capital or profits interest in the partnership, and (iii) in any other case, ownership of at least 10 percent of the beneficial interests in the entity. (5) Coordination with subsection (b) Subsection (b) shall apply after the application of this subsection. (e) Limitation on minority discounts For purposes of this chapter and chapter 12, in the case of the transfer of any interest in an entity other than an interest which is actively traded (within the meaning of section 1092), no discount shall be allowed by reason of the fact that the transferee does not have control of such entity, or by reason of the lack of marketability of the interest, if the transferor, the transferee, and members of the family (as defined in section 2032A(e)(2)) of the transferor and transferee— (1) have control of such entity, or (2) own the majority of the ownership interests (by value) in such entity. . (b) Effective date The amendments made by this section shall apply to transfers after the date of the enactment of this Act. 7. Required minimum 10-year term, etc., for grantor retained annuity trusts (a) In general Subsection (b) of section 2702 (1) by redesignating paragraphs (1), (2), and (3) as subparagraphs (A), (B), and (C), respectively, and by moving such subparagraphs (as so redesignated) 2 ems to the right; (2) by striking For purposes of (1) In general For purposes of ; (3) by striking paragraph (1) or (2) subparagraph (A) or (B) (4) by adding at the end the following new paragraph: (2) Additional requirements with respect to grantor retained annuities For purposes of subsection (a), in the case of an interest described in paragraph (1)(A) (determined without regard to this paragraph) which is retained by the transferor, such interest shall be treated as described in such paragraph only if— (A) the right to receive the fixed amounts referred to in such paragraph is for a term of not less than 10 years and not more than the life expectancy of the annuitant plus 10 years, (B) such fixed amounts, when determined on an annual basis, do not decrease during the term described in subparagraph (A), and (C) the remainder interest has a value, as determined as of the time of the transfer, which is— (i) not less than an amount equal to the greater of— (I) 25 percent of the fair market value of the property in the trust, or (II) $500,000, and (ii) not greater than the fair market value of the property in the trust. . (b) Effective date The amendments made by this section shall apply to transfers made after the date of the enactment of this Act. 8. Certain transfer tax rules applicable to grantor trusts (a) In general Subtitle B of the Internal Revenue Code of 1986 is amended by adding at the end the following new chapter: 16 Special rules for grantor trusts Sec. 2901. Application of transfer taxes. 2901. Application of transfer taxes (a) In general In the case of any portion of a trust to which this section applies— (1) the value of the gross estate of the deceased deemed owner of such portion shall include all assets attributable to that portion at the time of the death of such owner, (2) any distribution from such portion to one or more beneficiaries during the life of the deemed owner of such portion shall be treated as a transfer by gift for purposes of chapter 12, and (3) if at any time during the life of the deemed owner of such portion, such owner ceases to be treated as the owner of such portion under subpart E of part 1 of subchapter J of chapter 1, all assets attributable to such portion at such time shall be treated for purposes of chapter 12 as a transfer by gift made by the deemed owner. (b) Portion of trust to which section applies This section shall apply to— (1) the portion of a trust with respect to which the grantor is the deemed owner, and (2) the portion of the trust to which a person who is not the grantor is a deemed owner by reason of the rules of subpart E of part 1 of subchapter J of chapter 1, and such deemed owner engages in a sale, exchange, or comparable transaction with the trust that is disregarded for purposes of subtitle A. For purposes of paragraph (2), the portion of the trust described with respect to a transaction is the portion of the trust attributable to the property received by the trust in such transaction, including all retained income therefrom, appreciation thereon, and reinvestments thereof, net of the amount of consideration received by the deemed owner in such transaction. (c) Exceptions This section shall not apply to any trust that is includible in the gross estate of the deemed owner (without regard to subsection (a)(1)). (d) Deemed owner defined For purposes of this section, the term deemed owner (e) Reduction for taxable gifts to trust made by owner The amount to which subsection (a) applies shall be reduced by the value of any transfer by gift by the deemed owner to the trust previously taken into account by the deemed owner under chapter 12. (f) Liability for payment of tax Any tax imposed pursuant to subsection (a) shall be a liability of the trust. . (b) Clerical amendment The table of chapters for subtitle B of such Code is amended by adding at the end the following new item: Chapter 16. special rules for grantor trusts . (c) Effective date The amendments made by this section shall apply— (1) to trusts created on or after the date of the enactment of this Act, (2) to any portion of a trust established before the date of the enactment of this Act which is attributable to a contribution made on or after such date, and (3) to any portion of a trust established before the date of the enactment of this Act to which section 2901(a) 9. Elimination of generation-skipping transfer tax exemption for certain trusts (a) In general Section 2642 (h) Elimination of GST exemption for certain trusts (1) In general (A) Transfers from non-qualifying trusts In the case of any generation-skipping transfer made from a trust that is not a qualifying trust, the inclusion ratio with respect to any property transferred in such transfer shall be 1. (B) Qualifying trust For purposes of this subsection, the term qualifying trust (2) Trusts created before date of enactment In the case of any trust created before the date of the enactment of this subsection, such trust shall be deemed to be a qualifying trust for a period of 50 years after the date of the enactment of this subsection. (3) Date of creation of certain deemed separate trusts In the case of any portion of a trust which is treated as a separate trust under section 2654(b)(1), such separate trust shall be treated as created on the date of the first transfer described in such section with respect to such separate trust. (4) Date of creation of pour-over trusts In the case of any generation-skipping transfer of property which involves the transfer of property from 1 trust to another trust, the date of the creation of the transferee trust shall be treated as being the earlier of— (A) the date of the creation of such transferee trust, or (B) the date of the creation of the transferor trust. In the case of multiple transfers to which the preceding sentence applies, the date of the creation of the transferor trust shall be determined under the preceding sentence before the application of the preceding sentence to determine the date of the creation of the transferee trust. (5) Regulations The Secretary may prescribe such regulations or other guidance as may be necessary or appropriate to carry out this subsection. . (b) Effective date The amendments made by this section shall take effect on the date of the enactment of this Act. 10. Simplifying gift tax exclusion for annual gifts (a) In general Paragraph (1) of section 2503(b) (1) In general (A) Limit per donee In the case of gifts made to any person by the donor during the calendar year, the first $10,000 of such gifts to such person shall not, for purposes of subsection (a), be included in the total amount of gifts made during such year. (B) Cumulative limit per donor (i) In general The aggregate amount excluded under subparagraph (A) with respect to all transfers described in clause (ii) made by the donor during the calendar year shall not exceed twice the dollar amount in effect under such subparagraph for such calendar year. (ii) Transfers subject to limitation The transfers described in this clause are— (I) a transfer in trust, (II) a transfer of an interest in a passthrough entity, (III) a transfer of an interest subject to a prohibition on sale, and (IV) any other transfer of property that, without regard to withdrawal, put, or other such rights in the donee, cannot immediately be liquidated by the donee. . (b) Conforming amendment Section 2503 (c) Regulations The Secretary of the Treasury, or the Secretary of the Treasury's delegate, may prescribe such regulations or other guidance as may be necessary or appropriate to carry out the amendments made by this section. (d) Effective date The amendments made by this section shall apply to any calendar year beginning after the date of the enactment of this Act. | For the 99.5 Percent Act |
Stop Student Debt Relief Scams Technical Corrections Act This bill revises the requirements for third-party access to the central database for student aid (i.e., the National Student Loan Data System). First, the bill directs the Department of Education (ED) to issue, by July 1, 2021, its guidance on the use of access devices. Additionally, the bill provides ED with discretion to approve applications from authorized persons or entities for third-party data access to the system. The bill also expands the categories of persons or entities that are authorized to access the system to include certain for-profit organizations. | 117 S995 IS: Stop Student Debt Relief Scams Technical Corrections Act U.S. Senate 2021-03-25 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 117th CONGRESS 1st Session S. 995 IN THE SENATE OF THE UNITED STATES March 25, 2021 Ms. Baldwin Committee on Health, Education, Labor, and Pensions A BILL To amend the Stop Student Debt Relief Scams Act of 2019 to make technical corrections. 1. Short title This Act may be cited as the Stop Student Debt Relief Scams Technical Corrections Act 2. Guidance on criminal penalties The Stop Student Debt Relief Scams Act of 2019 ( Public Law 116–251 The Secretary Not later than July 1, 2021, the Secretary 3. Requirements for third-party data system access (a) Amendments Subsection (e) of section 485B of the Higher Education Act of 1965, as added by section 4(3) of the Stop Student Debt Relief Scams Act of 2019 ( Public Law 116–251 (1) in paragraph (1), in the matter preceding subparagraph (A), by inserting , at the discretion of the Secretary, may (2) in paragraph (2)— (A) in the matter preceding subparagraph (A), by striking means— means either of the following: (B) in subparagraph (A)— (i) by striking a guaranty agency A guaranty agency (ii) by striking ; or (C) by striking subparagraph (B) and inserting the following: (B) (i) An attorney, government, agency, or organization described in any of subclauses (I) through (IV) of clause (ii), who or that— (I) is providing financial or student loan repayment services or counseling to a student, borrower, or parent; (II) has not engaged in unfair, deceptive, or abusive practices (including an entity that is owned or operated by a person or entity that engaged in such practices), as determined by the Secretary; (III) accesses the system only through a separate point of entry; and (IV) has consent from the relevant student, borrower, or parent to access the system. (ii) (I) A licensed attorney representing a student, borrower, or parent. (II) A Federal, State, local, or Tribal government or agency. (III) A nonprofit organization. (IV) A for-profit organization— (aa) authorized as a public benefit corporation to provide a public benefit of objective and accurate financial or student loan repayment services or counseling; (bb) that is approved by the Secretary in accordance with paragraphs (3) and (4); and (cc) that does not charge the student, borrower, or parent a fee or any other monetary charge for financial or student loan repayment services or counseling or any other services at any point. ; and (3) by adding at the end the following: (3) Discretion to approve applications Approval of applications from authorized persons or entities for third-party data access shall be at the discretion of the Secretary after consideration of such applications as the Secretary may prescribe. Authorized access shall be for periods as the Secretary may determine and may be terminated at the discretion of the Secretary. (4) Consideration for for-profit organization approval to access the system In considering applications for approval for third-party data system access in accordance with this subsection by a for-profit organization described in paragraph (2)(B)(ii)(IV), the Secretary shall— (A) consider how the no fee service or counseling to the student, borrower, or parent is funded and determine whether the organization provides financial or student loan repayment services or counseling in the best interest of students, borrowers, or parents, in consultation with the Private Education Loan Ombudsman of the Consumer Financial Protection Bureau (designated pursuant to section 1035 of the Consumer Financial Protection Act of 2010 Act ( 12 U.S.C. 5535 (B) respond in writing, which may include electronic communication, to such organization regarding such application not later than 180 days after the date of submission of the application. . (b) Effective date The amendments made in this section shall take effect as if included in the Stop Student Debt Relief Scams Act of 2019 ( Public Law 116–251 | Stop Student Debt Relief Scams Technical Corrections Act |
Office of Manufacturing and Industrial Innovation Policy Act of 2021 This bill addresses the manufacturing capacity of the United States. The bill establishes the Office of Manufacturing and Industrial Innovation Policy, led by the Chief Manufacturing Officer, to serve as a source of manufacturing and industrial innovation analysis and judgment for the President with respect to the major policies, plans, and programs of the federal government. The office must establish a national strategic plan for manufacturing and industrial innovation that identifies critical needs to the manufacturing sector, including emergency readiness and resilience. The Government Accountability Office must report on the efforts of the office along with recommendations for improvements. The bill also establishes the Federal Strategy and Coordinating Council on Manufacturing and Industrial Innovation within the executive branch to be chaired by the President to coordinate manufacturing and industrial innovation policy. Finally, the bill establishes the National Medal of Manufacturing and Industrial Innovation to be awarded for outstanding contributions to knowledge in manufacturing and industrial innovation. | 117 S997 IS: Office of Manufacturing and Industrial Innovation Policy Act of 2021 U.S. Senate 2021-03-25 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 117th CONGRESS 1st Session S. 997 IN THE SENATE OF THE UNITED STATES March 25, 2021 Ms. Klobuchar Mr. Wicker Mr. Coons Mr. Portman Committee on Commerce, Science, and Transportation A BILL To establish the Office of Manufacturing and Industrial Innovation Policy and strategic national manufacturing policy for the United States, to provide manufacturing and industrial perspective and advice to the President, to provide for a comprehensive survey and cross administration management of efforts to ensure global leadership in manufacturing critical to the long-term economic health and national security of the United States, and for other purposes. 1. Short title; table of contents (a) Short title This Act may be cited as the Office of Manufacturing and Industrial Innovation Policy Act of 2021 (b) Table of contents The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. Title I—National Manufacturing Policy and Priorities Sec. 101. Findings. Sec. 102. Sense of Congress. Title II—Office of Manufacturing and Industrial Innovation Policy Sec. 201. Establishment. Sec. 202. Chief Manufacturing Officer; Associate Manufacturing Officers. Sec. 203. Policy planning, analysis, and advice. Sec. 204. National strategic plan for manufacturing and industrial innovation. Sec. 205. Additional Functions of the Chief Manufacturing Officer; Administrative Provisions. Sec. 206. Manufacturing and industrial innovation report. Sec. 207. Comptroller General Report. Title III— Federal Strategy and Coordinating Council on Manufacturing and Industrial Innovation Sec. 301. Establishment. Sec. 302. Membership. Sec. 303. Council on Manufacturing and Industrial Innovation Efforts. Sec. 304. Coordination. Sec. 305. Administration. Title IV—National Medal of Manufacturing and Industrial Innovation Sec. 401. Award. Title V—General Provisions Sec. 501. Authorization of appropriations. I National Manufacturing Policy and Priorities 101. Findings Congress, recognizing the profound historical role that all aspects of manufacturing, including research and development, engineering, skilled trades, and production, has played in the economy and society of the United States, and in the economic and innovative standing of the United States in the global community, and the interrelations of robust manufacturing on economic, environmental, national security, social, political, and institutional factors, finds that— (1) the general welfare, security, and economic health and stability of the United States require a long-term, substantial, coordinated, and multidisciplinary strategy and implementation of cohesive objectives to remain at the forefront of industrial innovation; (2) the large and complex innovative and technological capabilities of global supply chains and manufacturing economies, which influence the course of national and international manufacturing and innovative relevance, require appropriate attention, including long-range inclusive planning and more immediate program development, to encourage and support private manufacturing growth in the United States and participation in the public decision-making process; (3) the innovative and manufacturing capabilities of business in the United States, when properly fostered, applied, and supported, can effectively assist in improving the quality of life for people in the United States, in anticipating and addressing emerging international, national, and local problems, and strengthening the international economic engagement and pioneering leadership of the United States; (4) just as Federal funding for science and technology represents an investment in the future, strategically addressing gaps in the innovation pipeline of the United States would— (A) contribute to converting research and development investments into high-value, quality job-creating product production and capture domestic and global markets; and (B) strengthen the economic posture of the United States; and (5) the capabilities of the United States at both the Federal and State levels need enhanced strategic planning and influence over policy formulation for industrial innovation and technology development, as well as a means to ensure an adequate workforce. 102. Sense of Congress (a) Priority goals It is the sense of Congress that manufacturing and industrial innovation should include contributing to the following priority goals: (1) Taking concrete national action to rebuild, restore, and expand domestic manufacturing capabilities, skills, and production capacity, including world-class infrastructure. (2) Rebuilding the industrial innovation commons, including common resources, technical knowledge, and entrepreneurial opportunities associated with technical concepts. (3) Supporting domestic supply chains. (4) Expanding production capabilities, cooperation, and knowledge. (5) Revitalizing communities harmed by historical and poorly conceived, implemented, and enforced regulatory and trade policies. (6) Developing a strategy for innovation and establishment of manufacturing industries of the future, including adoption and production of Industry 4.0 technology to support domestic economic expansion, particularly manufacturers with fewer than 800 employees, and in traditionally underserved communities. (7) Contributing to national health and security and emergency readiness and resilience, including addressing environmental concerns. (8) Strengthening the economy of the United States and promoting full employment in high-quality, high-wage jobs through useful industrial and technological innovation. (9) Cultivating, utilizing, and enhancing academic and industrial thought-leadership with practical workforce development and training to the fullest extent possible. (10) Implementing a national strategy that identifies and prioritizes high growth, high value-added industries, products, and components of national importance to the long-term economic, environmental, national security, and public health of the United States. (b) National policy In view of the findings under section 101, it is the sense of Congress that the Federal Government and public and private institutions in the United States should pursue a national policy of manufacturing and industrial innovation that includes the following principles: (1) Ensuring global leadership in advanced manufacturing technologies critical to the long-term economic, environmental, national security, and public health of the United States. (2) Restoring and strengthening the industrial commons of the United States, including— (A) essential engineering and production skills; (B) infrastructure for research and development, standardization, and metrology; (C) process innovations and manufacturing know-how; (D) equipment; and (E) suppliers that provide the foundation for the innovativeness and competitiveness of all manufacturers in the United States. (3) Strengthening the technical, financial, and educational commons and assets necessary to ensure that the United States is the best positioned Nation for the creation and production of advanced technologies and products emerging from national research and development investments. (4) Capitalizing on the scientific and technological advances produced by researchers and innovators in the United States by developing capable and responsive institutions focused on advancing the technology and manufacturing readiness levels of those advances. (5) Supporting the discovery, invention, start-up, ramp-up, scale-up, and transition of new products and manufacturing technologies to full-scale production in the United States. (6) Addressing the evolving needs of manufacturers for a diverse set of workers with the necessary skills, training, and expertise as manufacturers in the United States increase high-quality, high-wage employment opportunities. (7) Improving and expanding manufacturing engineering and technology offerings within institutions of higher education, including 4-year engineering technology programs at polytechnic institutes and secondary schools, to be more closely aligned with the needs of manufacturers in the United States and the goal of strengthening the long-term competitiveness of such manufacturing. (8) Working collaboratively with Federal agencies, State and local governments, Tribal governments, regional authorities, institutions of higher education, economic development organizations, and labor organizations that primarily represent workers in manufacturing to leverage their knowledge, resources, applied research, experimental development, and programs to foster manufacturing in the United States so as to anticipate and prepare for emergencies and global, national, and regional supply chain disruptions, including disruptions brought on and exacerbated by changing environmental and other circumstances. (9) Recognizing that, as changing circumstances require the periodic revision and adaptation of this title, Congress is responsible for— (A) identifying and interpreting the changes in those circumstances as they occur; and (B) affecting subsequent changes to this title, as appropriate. (c) Procedures It is the sense of Congress that, in order to expedite and facilitate the implementation of the national policy described in subsection (b)— (1) Federal procurement policy should— (A) prioritize and encourage domestic manufacturing and robust domestic supply chains; (B) support means of expanding domestic manufacturing job creation; (C) enhance manufacturing workforce preparedness; (D) prioritize the development of means to support diversity and inclusion throughout the manufacturing and industrial sector; (E) promote the consideration of, and support to, minority-owned and women-owned manufacturing contractors of the Federal Government; and (F) support the ingenuity and entrepreneurship of the United States by providing enhanced attention to manufacturing startups and small businesses in the United States; (2) Federal trade and monetary policies should— (A) ensure that global competition in manufacturing is free, open, and fair; (B) prioritize policies and investments that support domestic manufacturing growth and innovation; and (C) not be utilized to offshore poor manufacturing working conditions or destructive manufacturing environmental practices; (3) Federal policies and practices should reasonably prioritize competitiveness for manufacturing and industrial innovation efforts in the United States, but should not sacrifice the quality of employment opportunities, including the health and safety of workers, pay, and benefits; (4) Federal manufacturing and industrial innovation policies, practices, and priorities should reasonably improve environmental sustainability within the manufacturing industry, while minimizing economic impact; (5) Federal patent policies should be developed, based on uniform principles, which have as their objective to preserve incentives for industrial technological innovation and the application of procedures that will continue to assure the full use of beneficial technology to serve the public; (6) Federal efforts should promote and support a strong system of intellectual property rights to include trade secrets, through both protection of intellectual property rights and enforcement against intellectual property theft, and broad engagement to limit foreign efforts to illegally or inappropriately utilize compromised intellectual property; (7) closer relationships should be encouraged among practitioners of scientific and technological research and development and those who apply those foundations to domestic commercial manufacturing; (8) the full use of the contributions of manufacturing and industrial innovation to support State and local government goals should be encouraged; (9) formal recognition should be accorded to those persons, the manufacturing and industrial innovation achievements of which contributed significantly to the national welfare; and (10) departments, agencies, and instrumentalities of the Federal Government should establish procedures to ensure among them the systematic interchange of data, efforts, and findings developed under their programs. (d) Implementation To implement the national policy described in subsection (b), it is the sense of Congress— (1) that— (A) the Federal Government should maintain integrated policy planning elements in the executive branch that assist agencies in such branch in— (i) identifying problems and objectives that could be addressed or enhanced by public policy; (ii) mobilizing industrial and innovative manufacturing resources for national security and emergency response purposes; (iii) securing appropriate funding for programs so identified by the President or the Chief Manufacturing Officer; (iv) anticipating future concerns to which industrial and innovative manufacturing can contribute and devise industrial strategies for such purposes; and (v) reviewing systematically the manufacturing and industrial innovation policy and programs of the Federal Government and recommending legislative amendments to those policies and programs when needed; and (B) the elements described in subparagraph (A) should include a data collection, analysis, and advisory mechanism within the Executive Office of the President to provide the President with independent, expert judgment and assessments of the complex manufacturing and industrial features involved; and (2) that it is the responsibility of the Federal Government to— (A) promote prompt, effective, reliable, and systematic dissemination of manufacturing and industrial information— (i) by such methods as may be appropriate; and (ii) through efforts conducted by nongovernmental organizations, including industrial groups, technical societies, and educational entities; (B) coordinate and develop a manufacturing industrial strategy and facilitate the close coupling of this manufacturing strategy with commercial manufacturing application; and (C) enhance domestic development and utilization of such industrial information by prioritization of efforts with manufacturers, the production of which takes place in the United States. II Office of Manufacturing and Industrial Innovation Policy 201. Establishment There is established in the Executive Office of the President an Office of Manufacturing and Industrial Innovation Policy (referred to in this title as the Office 202. Chief Manufacturing Officer; Associate Manufacturing Officers (a) Chief Manufacturing Officer (1) In general The Office shall be headed by a Director, to be known as the Chief Manufacturing Officer, who shall be— (A) appointed by the President, by and with the advice and consent of the Senate; and (B) compensated at the rate provided for level II of the Executive Schedule under section 5313 of title 5, United States Code. (2) Functions (A) Primary function The primary function of the Chief Manufacturing Officer shall be to advise the President, and such agencies within the Executive Office of the President as may be appropriate, on issues regarding and impacting manufacturing and industrial innovation efforts of the Federal Government, or of the private sector, that require attention at the highest levels of the Federal Government. (B) Other functions The Chief Manufacturing Officer shall— (i) advise the President on manufacturing and industrial innovation considerations relating to areas of national concern, including— (I) the economy of the United States; (II) national security; (III) public health; (IV) the workforce of the United States; (V) education; (VI) foreign relations (including trade and supply chain issues); (VII) the environment; and (VIII) technological innovation in the United States; (ii) convene stakeholders, including key industry stakeholders, academic stakeholders, defense stakeholders, government stakeholders, and stakeholders from nonprofit organizations and labor organizations that primarily represent workers in manufacturing, to develop the national strategic plan required under section 204; (iii) evaluate the scale, quality, and effectiveness of the effort of the Federal Government to support manufacturing and industrial innovation by the Federal Government or by the private sector, and advise on appropriate actions; (iv) advise the President on the budgets of agencies of the executive branch of the Federal Government with respect to issues concerning manufacturing and industrial innovation; (v) assist the Director of the Office of Management and Budget with an annual review and analysis of the budget proposed by the President, with respect to manufacturing and industrial development by agencies in the executive branch; (vi) aid the Director of the Office of Management and Budget and the heads of agencies of the executive branch of the Federal Government throughout the budget development process, particularly with respect to developing budgets to support manufacturing and industrial development; (vii) assist the President in providing general leadership and coordination of activities and policies of the Federal Government relating to and impacting manufacturing and industrial innovation; and (viii) perform such other functions, duties, and activities as the President may assign. (3) Authorities In carrying out the duties and functions under this Act, the Chief Manufacturing Officer may— (A) except for the positions described in subsection (b), appoint such officers and employees as may be deemed necessary to perform the functions vested in the position and to prescribe the duties of such officers and employees; (B) obtain services as authorized under section 3109 of title 5, United States Code, at rates not to exceed the rate prescribed for grade GS–15 of the General Schedule under section 5332 of title 5, United States Code; and (C) enter into contracts and other arrangements for studies, analysis, and other services with public agencies and with private persons, organizations, or institutions, and make such payments as determined necessary to carry out the provisions of this title without legal consideration, without performance bonds, and without regard to section 6101 of title 41, United States Code. (b) Associate Directors (1) In general The President may appoint not more than 5 Associate Directors, to be known as Associate Manufacturing Officers, by and with the advice and consent of the Senate, to carry out such functions as may be prescribed by the Chief Manufacturing Officer. (2) Compensation Each Associate Manufacturing Officer shall be compensated at a rate not to exceed that provided for level III of the Executive Schedule under section 5314 title 5, United States Code. 203. Policy planning, analysis, and advice (a) In general In carrying out the provisions of this Act, the Chief Manufacturing Officer shall— (1) monitor the status of technological developments, critical production capacity, skill availability, investment patterns, emerging defense needs, and other key indicators of manufacturing competitiveness to— (A) provide foresight for periodic updates to the national strategic plan required under section 204; and (B) guide investment decisions; (2) convene interagency and public-private working groups to align Federal policies that drive implementation of the national strategic plan required under section 204; (3) initiate and support translation research in engineering and manufacturing by entering into contracts or making other arrangements (including grants, awards, cooperative agreements, loans, and other forms of assistance) to study that research and to assess the impact of that research on the economic well-being, climate and environmental impact, public health, and national security of the United States; (4) advise the President on the extent to which the various programs, policies, and activities of the Federal Government are likely to affect the achievement of priority goals of the United States described in section 102(a); (5) provide the President with— (A) periodic reviews of Federal statutes and regulations that affect manufacturing and industrial innovation activities conducted by the Federal Government or the private sector, or which may interfere with desirable technological innovation; and (B) recommendations for the elimination, reform, or updating of such Federal statutes and regulations, as appropriate; (6) periodically survey the nature and needs of the policies relating to national manufacturing and industrial innovation and make recommendations to the President, for review and submission to Congress, for the timely and appropriate revision of the manufacturing and industrial innovation policies of the Federal Government; (7) perform such other duties and functions and make and furnish such studies and reports thereon, and recommendations with respect to matters of policy and legislation as the President may request; and (8) coordinate, as appropriate, Federal permitting with respect to manufacturing and industrial innovation. (b) Intergovernmental Manufacturing and Industrial Innovation Panel (1) Establishment The Chief Manufacturing Officer shall establish an Intergovernmental Manufacturing and Industrial Innovation Panel (referred to in this title as the Panel (A) identify instances in which the policies of the Federal Government— (i) with respect to manufacturing and industrial innovation can help address problems at the State and local levels; and (ii) unnecessarily impede manufacturing and industrial innovation; (B) make recommendations for addressing the problems described in subparagraph (A); and (C) advise and assist the Chief Manufacturing Officer (2) Composition The Panel shall be composed of— (A) the Chief Manufacturing Officer, or a representative of the Chief Manufacturing Officer; (B) not fewer than 10 members representing the interests of the States, appointed by the Chief Manufacturing Officer after consultation with State officials; (C) the Director of the National Institute of Standards and Technology; (D) the Deputy Assistant Secretary of Defense for Manufacturing and Industrial Base Policy; (E) the Assistant Secretary of Labor for Employment and Training; (F) the Administrator of the Small Business Administration; and (G) the Assistant Secretary of Energy for Energy Efficiency and Renewable Energy. (3) Chair The Chief Manufacturing Officer, or the representative of the Chief Manufacturing Officer, shall serve as Chair of the Panel. (4) Meetings The Panel shall meet at the call of the Chair. (5) Compensation (A) In general Each member of the Panel shall be entitled to receive compensation at a rate not to exceed the daily rate prescribed for GS–15 of the General Schedule under section 5332 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 Panel. (B) Travel expenses Each member of the Panel who is serving away from the home or regular place of business of the member in the performance of the duties of the Panel shall be allowed travel expenses, including per diem in lieu of subsistence, in the same manner as the expenses authorized by section 5703(b) of title 5, United States Code, for persons in government service employed intermittently. 204. National strategic plan for manufacturing and industrial innovation (a) Strategic plan (1) In general Not later than 1 year after the date of enactment of this Act, the Chief Manufacturing Officer shall, to the extent practicable, in accordance with section 202(a)(2)(B) and in consultation with other agencies and private individuals as the Chief Manufacturing Officer determines necessary, establish a national strategic plan for manufacturing and industrial innovation that identifies— (A) short-term, medium-term, and long-term needs critical to the economy, national security, public health, workforce readiness, environmental concerns, and priorities of the United States manufacturing sector, including emergency readiness and resilience; and (B) situations and conditions that warrant special attention by the Federal Government relating to— (i) any problems, constraints, or opportunities of manufacturing and industrial innovation that— (I) are of national significance; (II) will occur or may emerge in the 4-year period following the establishment of the national strategic plan; and (III) are identified through basic research; (ii) an evaluation of activities and accomplishments of all agencies in the executive branch of the Federal Government that are related to carrying out such plan; (iii) opportunities for, and constraints on, manufacturing and industrial innovation that can make a significant contribution to— (I) the resolution of problems identified under this paragraph; or (II) the achievement of Federal program objectives or priority goals, including those described in section 102(a); and (iv) recommendations for legislation, regulations, and budget proposals to carry out such plan. (2) Revisions Not later than 4 years after the establishment of the national strategic plan under paragraph (1), and every 4 years thereafter, the Chief Manufacturing Officer shall revise that plan so that the plan takes account of near- and long-term problems, constraints, and opportunities and changing national goals and circumstances. (b) Consultation with other agencies The Chief Manufacturing Officer shall consult, as necessary, with officials of agencies in the executive branch of the Federal Government that administer programs or have responsibilities relating to the problems, constraints, and opportunities identified in the national strategic plan under subsection (a) in order to— (1) identify and evaluate actions that might be taken by the Federal Government, State, and local governments, or the private sector to deal with such problems, constraints, or opportunities; and (2) ensure to the extent possible that actions identified under paragraph (1) are considered by each agency of the executive branch of the Federal Government in formulating the budget, programs, and legislative proposals of each such agency. (c) Consultation with manufacturing stakeholders The Chief Manufacturing Officer shall consult broadly with representatives from stakeholder constituencies, including from technology fields, engineering fields, manufacturing fields, academic fields, worker training or credentialing programs, industrial sectors, business sectors, consumer sectors, defense sector, public interest sectors, and labor organizations which primarily represent workers in manufacturing to ensure information and perspectives from such consultations are incorporated within the problems, constraints, opportunities, and actions identified in the national strategic plan under subsection (a). (d) Consultation with OMB The Chief Manufacturing Officer shall consult as necessary with officials of the Office of Management and Budget and other appropriate elements of the Executive Office of the President to ensure that the problems, constraints, opportunities, and actions identified under subsection (a) are fully considered in the development of legislative proposals and the President’s budget. 205. Additional Functions of the Chief Manufacturing Officer; Administrative Provisions (a) In general The Chief Manufacturing Officer, in addition to the other duties and functions under this title, shall serve— (1) on the Federal Strategy and Coordinating Council on Manufacturing and Industrial Innovation established under title III; and (2) as a member of the Domestic Policy Council, the National Economic Council, and the Office of Science and Technology Policy Council. (b) Advice to National Security Council For the purpose of ensuring the optimal contribution of manufacturing and industrial innovation to the national security of the United States, the Chief Manufacturing Officer, at the request of the President, shall advise the National Security Council in such matters concerning manufacturing and industrial innovation as may be related to national security. (c) Coordination with other organizations (1) In general In exercising the functions under this Act, the Chief Manufacturing Officer— (A) shall— (i) work in close consultation and cooperation with the Director of the Domestic Policy Council, the National Security Advisor, the Assistant to the President for Economic Policy and Director of the National Economic Council, the Director of the Office of Science and Technology Policy, the Director of the Office of Management and Budget, and the heads of other agencies in the executive branch of the Federal Government; (ii) utilize the services of consultants, establish such advisory panels, and, to the extent practicable, consult with— (I) State and local government agencies; (II) appropriate professional groups; (III) representatives of industry, universities, consumers, labor organizations that primarily represent workers in manufacturing; and (IV) such other public interest groups, organizations, and individuals as may be necessary; (iii) hold such hearings in various parts of the United States as necessary to determine the views of the agencies, groups, and organizations described in paragraph (2), and of the general public, concerning national needs and trends in manufacturing and industrial innovation; and (iv) utilize, with the heads of public and private agencies and organizes, to the fullest extent possible the services, personnel, equipment, facilities, and information (including statistical information) of public and private agencies and organizations, and individuals, in order to avoid the duplication of efforts and expenses; and (B) may transfer funds made available pursuant to this Act to other agencies in the executive branch of the Federal Government as reimbursement for the utilization of such personnel, services, facilities, equipment, and information. (2) Furnishment of information Each department, agency, and instrumentality of the executive branch of the Federal Government, including any independent agency, shall furnish the Chief Manufacturing Officer such information as necessary to carry out this title. 206. Manufacturing and industrial innovation report (a) Report Not later than 3 years after the date of the enactment of this Act, and every 4 years thereafter, the President shall submit to Congress a Manufacturing and Industrial Innovation Report (referred to in this title as the report (b) Contents of report Each report required under subsection (a) shall draw upon the most recent national strategic plan established under section 204 and shall include, to the extent practicable and within the limitations of available knowledge and resources— (1) a review of developments of national significance in manufacturing and industrial innovation; (2) the significant effects of trends at the time of the submission of the report and projected trends in manufacturing and industrial innovation on the economy, workforce, and environmental, health and national security, and other requirements of the United States; (3) a review and appraisal of selected manufacturing and industrial innovation related programs, policies, and activities of the Federal Government, including procurement; (4) an inventory and forecast of critical and emerging national problems, the resolution of which might be substantially assisted by manufacturing and industrial innovation in the United States; (5) the identification and assessment of manufacturing and industrial innovation measures that can contribute to the resolution of the problems described in paragraph (4) in light of the related economic, workforce, environmental, public health, and national security considerations; (6) at the time of the submission of the report, and as projected, the manufacturing and industrial resources, including specialized manpower, that could contribute to the resolution of the problems described in paragraph (4); and (7) recommendations for legislation and regulatory changes on manufacturing and industrial innovation-related programs and policies that will contribute to the resolution of the problems described in paragraph (4). (c) Preparation of report In preparing each report required under subsection (a), the Chief Manufacturing Officer shall make maximum use of relevant data available from agencies in the executive branch of the Federal Government. (d) Public availability of report The Chief Manufacturing Officer shall ensure that the report is made available to the public. 207. Comptroller General 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 Commerce, Science, and Transportation of the Senate, the Committee on Appropriations of the Senate, the Committee on Science, Space, and Technology of the House of Representatives, the Committee on Energy and Commerce of the House of Representatives, and the Committee on Appropriations of the House of Representatives, and make available to the public, a report— (1) containing an assessment of the efforts of the Office to implement or advance the priority goals described in section 102(a); and (2) providing recommendations on how to improve the efforts described in paragraph (1). III Federal Strategy and Coordinating Council on Manufacturing and Industrial Innovation 301. Establishment There is established in the executive branch of the Federal Government the Federal Strategy and Coordinating Council on Manufacturing and Industrial Innovation (referred to in this title as the Council 302. Membership (a) Composition (1) In general The Council shall be composed of the following: (A) The President, who shall serve as Chair of the Council. (B) The Vice President. (C) The Secretary of Commerce. (D) The Secretary of Defense. (E) The Secretary of Education. (F) The Secretary of Energy. (G) The Secretary of Health and Human Services. (H) The Secretary of Housing and Urban Development. (I) The Secretary of Labor. (J) The Secretary of State. (K) The Secretary of Transportation. (L) The Secretary of the Treasury. (M) The Secretary of Veterans Affairs. (N) The Administrator of the Environmental Protection Agency. (O) The Administrator of the National Aeronautics and Space Administration. (P) The Administrator of the Small Business Administration. (Q) The Director of the National Science Foundation. (R) The Director of the Office of Management and Budget. (S) The Assistant to the President for Science and Technology. (T) The United States Trade Representative. (U) The National Security Advisor. (V) The Assistant to the President for Economic Policy. (W) The Director of the Domestic Policy Council. (X) The Chair of the Council of Economic Advisers. (Y) The Chief Manufacturing Officer. (2) Additional participants The President may, from time to time and as necessary, appoint officials in the executive branch of the Federal Government to serve as members of the Council. (b) Meetings of the Council (1) In general The President or the Chief Manufacturing Officer may convene meetings of the Council. (2) Presiding officer (A) In general Subject to subparagraph (B), the President shall preside over the meetings of the Council. (B) Exception If the President is not present at a meeting of the Council, the Vice President (and if the Vice President is not present at a meeting of the Council, the Chief Manufacturing Officer) shall preside and be considered the chair of the Council. 303. Council on Manufacturing and Industrial Innovation Efforts (a) Duties of the Council (1) Functions The Council shall— (A) consider problems and developments, including concerns regarding the workforce of the United States, in manufacturing and industrial innovation and related activities of more than 1 agency in the executive branch of the Federal Government; (B) coordinate the manufacturing and industrial innovation policy-making process; (C) harmonize the Federal permitting process relating to manufacturing and industrial innovation, as appropriate; (D) ensure manufacturing and industrial innovation policy decisions and programs are consistent with the priority goals of the United States described in section 102(a); (E) help implement the priority goals described in section 102(a) across the Federal Government; (F) ensure manufacturing and industrial innovation are considered in the development and implementation of Federal policies and programs; (G) achieve more effective use of foundational aspects of manufacturing and industrial innovation, particularly scientific, engineering, and technological resources and facilities of agencies in the executive branch of the Federal Government, including the elimination of efforts that have been unwarrantedly duplicated; (H) identify— (i) threats to and vulnerabilities of supply chains; (ii) workforce skills; and (iii) aspects of supply chains and workforce skills requiring additional emphasis; and (I) further international cooperation on manufacturing and industrial innovation policies that enhance the policies of the United States and internationally agreed upon policies. (2) Other duties The Chief Manufacturing Officer may take such actions as may be necessary or appropriate to implement the functions described in paragraph (1). 304. Coordination (a) Requirement To coordinate The head of each agency in the executive branch of the Federal Government, without regard to whether the head of the agency is a member of the Council, shall— (1) coordinate manufacturing and industrial innovation policy with the Council; and (2) share information on manufacturing and industrial innovation policy-related budget requests with the Council. (b) Budget recommendations The Council shall develop for submission to the Director of the Office of Management and Budget recommendations for the budgets of agencies in the executive branch of the Federal Government relating to manufacturing and industrial innovation policy that reflect the priority goals described in section 102(a). (c) Recommendations The Council shall provide advice to the Director of the Office of Management and Budget concerning the budget proposals of agencies in the executive branch of the Federal Government concerning manufacturing and industrial innovation policy. 305. Administration (a) Coordination with National Science and Technology Council In carrying out the duties of the Council, the Council shall consult with the National Science and Technology Council, as necessary. (b) Ad committees; tasks forces, interagency groups The Council may function through established or ad hoc committees, task forces, or interagency groups. (c) Requirement To cooperate Each agency in the executive branch of the Federal Government shall— (1) cooperate with the Council; and (2) provide assistance, information, and advice to the Council, as the Council may request, to the extent permitted by law. (d) Assistance to Council For the purpose of carrying out the provisions of this section, the head of each agency that is a member of the Council shall furnish necessary assistance and resources to the Council, which may include— (1) detailing employees of the agency to the Council to perform such functions, consistent with the purposes of this section, as the Chair may assign to those detailees; (2) providing office support and printing, as requested by the Chair; and (3) upon the request of the Chair, undertake special studies for the Council that come within the functions herein assigned, as necessary to fulfill the duties of the Council described in section 303. IV National Medal of Manufacturing and Industrial Innovation 401. Award (a) Recommendations The President shall from time to time award a medal, to be known as the National Medal of Manufacturing and Industrial Innovation (b) Number Not more than 20 individuals may be awarded a medal under this section in any one calendar year. (c) Citizenship An individual may not be awarded a medal under this section unless at the time such award is made the individual— (1) is a citizen or other national of the United States; or (2) is an individual lawfully admitted to the United States for permanent residence who— (A) has filed an application for petition for naturalization in the manner prescribed by section 334(b) of the Immigration and Nationality Act ( 8 U.S.C. 1445(b) (B) is not permanently ineligible to become a citizen of the United States. (d) Ceremonies The presentation of the award shall be made by the President with such ceremonies as determined proper, including attendance by appropriate Members of Congress. V General Provisions 501. Authorization of appropriations There are authorized to be appropriated— (1) for fiscal year 2022— (A) $5,000,000, for the purpose of carrying out title II; and (B) $5,000,000, for the purpose of carrying out title III; and (2) for each fiscal year thereafter, for the purpose of carrying out titles II and III, such sums as may be necessary. | Office of Manufacturing and Industrial Innovation Policy Act of 2021 |
Driving for Opportunity Act of 2021 This bill authorizes the Department of Justice to make grants to states that do not suspend, revoke, or refuse to renew a driver's license of an individual based on such individual's failure to pay a civil or criminal fine or fee. Grants shall be awarded to (1) cover the costs incurred by a state to reinstate driver's licenses previously suspended for unpaid fines and fees; (2) maximize the number of individuals with suspended driver's licenses eligible to have driving privileges reinstated or regained; (3) provide assistance to individuals living in areas where public transportation options are limited; and (4) ease the burden on states where the state or local law that permitted the suspension or revocation of, or refusal to renew, driver's licenses or the registration of a motor vehicle based on the failure to pay civil or criminal fines or fees was in effect during the three year period ending on the date on which a state applies for or receives a grant under this bill. The Government Accountability Office must study the implementation of the grant program authorized by this bill, including the known effects of repealing state laws that have permitted the suspension, revocation, or refusal of a driver's license or motor vehicle registration based on the failure to pay civil or criminal fines or fees. | 117 S998 IS: Driving for Opportunity Act of 2021 U.S. Senate 2021-03-25 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 117th CONGRESS 1st Session S. 998 IN THE SENATE OF THE UNITED STATES March 25, 2021 Mr. Coons Mr. Wicker Mr. Durbin Mr. Grassley Mr. Van Hollen Mr. Boozman Mr. Blumenthal Ms. Ernst Mr. Wyden Mr. Lankford Committee on the Judiciary A BILL To provide grants to States that do not suspend, revoke, or refuse to renew a driver's license of a person or refuse to renew a registration of a motor vehicle for failure to pay a civil or criminal fine or fee, and for other purposes. 1. Short title This Act may be cited as the Driving for Opportunity Act of 2021 2. Findings Congress finds the following: (1) Driving a vehicle is an essential aspect of the daily lives of most people in the United States. (2) Driving is often required to access jobs and healthcare, take care of family, get groceries, and fulfill other basic responsibilities. (3) In many small cities, towns, and rural areas that do not have public transportation and ridesharing alternatives, driving is often the only realistic means of transportation. (4) Even in cities with public transportation and ridesharing options, individuals vulnerable to infection during the COVID–19 pandemic and those complying with public health guidance regarding social distancing are increasingly reliant on driving as their primary means of transportation for essential travel. (5) In the United States, millions of Americans have had their driver’s licenses suspended for unpaid court fines and fees. (6) A person whose driver’s license is suspended or revoked for unpaid fines and fees will often find it more difficult to earn a living and therefore pay the debt owed to the government. (7) The barrier to employment posed by driver’s license suspensions and revocations for unpaid fines and fees is especially problematic during the COVID–19 pandemic, when the unemployment rate is the highest it has been since the Great Depression. (8) Drunk and dangerous driving are some of the leading causes of death and serious bodily injury in the United States, and promoting safety on the roads is a legitimate, necessary, and core governmental function. Suspending a license for unsafe driving conduct presents different considerations than suspending a license for unpaid fines and fees. Suspending a license for unsafe driving is an appropriate tool to protect public safety. Policymakers also may consider alternatives to suspension of a license for unsafe driving such as ignition interlock device programs. (9) According to the National Highway Traffic Safety Administration, every year on average, over 34,000 people are killed and 2,400,000 more people are injured in motor vehicle crashes. Some of the major causes of these crashes include speeding, impaired driving, and distracted driving. Nearly half of passenger vehicle occupants killed in crashes are unrestrained. The societal harm caused by motor vehicle crashes has been valued at $836,000,000,000 annually. The enactment of, enforcement of, and education regarding traffic laws are key to addressing unsafe behavior and promoting public safety. (10) However, most driver’s license suspensions are not based on the need to protect public safety. (11) In the State of Florida, 1,100,000 residents received a suspension notice for unpaid fines and fees in 2017 alone. (12) Between 2010 and 2017, all but 3 States increased the amount of fines and fees for civil and criminal violations. (13) In the United States, 40 percent of all driver’s license suspensions are issued for conduct that was unrelated to driving. (14) In 2015, the State of Washington calculated that State troopers spent 70,848 hours dealing with license suspensions for non-driving offenses. (15) The American Association of Motor Vehicle Administrators estimated that arresting a person for driving with a suspended license can take 9 hours of an officer’s time, including waiting for a tow truck, transporting an individual to jail, filling out paperwork, making a court appearance, and other administrative duties and accordingly Washington State Patrol Chief John Batiste called non-driving suspensions a drain on the system as a whole (16) The Colorado Department of Motor Vehicles determined that suspending driver’s licenses for offenses unrelated to driving consumed 8,566 hours per year of staff time in the Department. (17) Many States impose a significant fee for reinstating a suspended driver’s license, such as Alabama, where the fee is $275. (18) Driving on a suspended license is one of the most common criminal charges in jurisdictions across the country. (19) Seventy-five percent of those with suspended licenses report continuing to drive. (20) It is more likely that those people are also driving without insurance due to the costs and restrictions associated with obtaining auto insurance on a suspended license, thereby placing a greater financial burden on other drivers when a driver with a suspended license causes an accident. (21) The American Association of Motor Vehicle Administrators has concluded the following: Drivers who have been suspended for social non-conformance-related offenses are often trapped within the system. Some cannot afford to pay the original fines, and may lose their ability to legally get to and from work as a result of the suspension. Many make the decision to drive while suspended. The suspension results in increased financial obligations through new requirements such as reinstatement fees, court costs, and other penalties. While there is a clear societal interest in keeping those who are unfit to drive off the roads, broadly restricting licenses for violations unrelated to an individual’s ability to drive safely may do more harm than good. This is especially true in areas of the country that lack alternative means of transportation. For those individuals, a valid driver license can be a means to survive. Local communities, employers, and employees all experience negative consequences as a result of social non-conformity suspensions, including unemployment, lower wages, fewer employment opportunities and hiring choices, and increased insurance costs. (22) A report by the Harvard Law School Criminal Justice Policy Program concluded the following: The suspension of a driver’s or professional license is one of the most pervasive poverty traps for poor people assessed a fine that they cannot afford to pay. The practice is widespread. Nearly 40 percent of license suspensions nationwide stem from unpaid fines, missed child support payments, and drug offenses—not from unsafe or intoxicated driving or failing to obtain automotive insurance. Suspension of a driver’s or professional licenses is hugely counterproductive; it punishes non-payment by taking away a person’s means for making a living. License suspension programs are also expensive for States to run and they distract law enforcement efforts from priorities related to public safety. License suspensions may also be unconstitutional if the license was suspended before the judge determined the defendant had the ability to pay the criminal justice debt. 3. Grants for driver’s licenses reinstatement programs Subpart 1 of part E of title I of the Omnibus Crime Control and Safe Streets Act of 1968 ( 34 U.S.C. 10151 (1) in section 501(a) ( 34 U.S.C. 10152(a) (3) Grants for driver’s license reinstatement programs (A) In general In addition to grants made under paragraph (1), the Attorney General may make grants to States described in subparagraph (B) to cover costs incurred by the State to reinstate driver’s licenses previously suspended for unpaid fines and fees. (B) States described A State described in this subparagraph is a State that— (i) does not have in effect any State or local law that permits— (I) the suspension or revocation of, or refusal to renew, a driver’s license of an individual based on the individual’s failure to pay a civil or criminal fine or fee; or (II) the refusal to renew the registration of a motor vehicle based on the owner’s failure to pay a civil or criminal fine or fee; and (ii) during the 3-year period ending on the date on which the State applies for or receives a grant under this paragraph, has repealed a State or local law that permitted the suspension or revocation of, or refusal to renew, driver’s licenses or the registration of a motor vehicle based on the failure to pay civil or criminal fines or fees. (C) Criteria The Attorney General shall award grants under this section to eligible States that submit a plan to reinstate driver’s licenses previously suspended for unpaid fines and fees— (i) to maximize the number of individuals with suspended driver’s licenses eligible to have driving privileges reinstated or regained; (ii) to provide assistance to individuals living in areas where public transportation options are limited; and (iii) to ease the burden on States where the State or local law described in subparagraph (B) was in effect during the 3-year period ending on the date on which a State applies for a grant under this paragraph in accordance with section 502. (D) Amount Each grant awarded under this paragraph shall be not greater than 5 percent of the amount allocated to the State in accordance with the formula established under section 505. (E) Report Not later than 1 year after the date on which a grant is made to a State under this paragraph, the State shall submit to the Attorney General a report that describes the program implemented under subparagraph (A), including with respect to— (i) the population served by the program; (ii) the number of driver’s licenses reinstated under the program; and (iii) all costs to the State of the program, including how the grants under this paragraph were spent to defray such costs. ; and (2) in section 508— (A) by striking There (a) In General.—There (B) by adding at the end the following: (b) Driver’s license reinstatement programs There is authorized to be appropriated to carry out section 501(a)(3) $20,000,000 for each of fiscal years 2021 through 2025. . 4. GAO study (a) Study The Comptroller General of the United States shall conduct a study of the implementation of the grant program in paragraph (3) of section 501(a) of the Omnibus Crime Control and Safe Streets Act of 1968 ( 34 U.S.C. 10152(a) (1) includes what is known about the effect of repealing State laws, in selected States, that had permitted the suspension or revocation of, or refusal to renew, driver’s licenses or the registration of a motor vehicle based on the failure to pay civil or criminal fines or fees, including such factors, to the extent information is available, as— (A) the collection of fines and fees; (B) the usage of law enforcement resources; (C) economic mobility and unemployment; (D) rates of enforcement of traffic safety laws through the tracking of number of summonses and violations issued (including those related to automated enforcement technologies); (E) the use of suspensions for public safety-related reasons (including reckless driving, speeding, and driving under the influence); (F) safety-critical traffic events (including in localities with automated enforcement programs); (G) the rates of license suspensions and proportion of unlicensed drivers; (H) racial and geographic disparities; and (I) administrative costs (including costs associated with the collection of fines and fees and with the reinstatement of driver’s licenses); and (2) includes what is known about— (A) existing alternatives to driver’s license suspension as methods of enforcement and collection of unpaid fines and fees; and (B) existing alternatives to traditional driver’s license suspension for certain kinds of unsafe driving, including models that allow drivers to continue to drive legally while pursuing driver improvement opportunities. (b) Report Not later than 2 years after the date of enactment of this Act, the Comptroller General of the United States shall submit to the Committee on the Judiciary and the Committee on Environment and Public Works of the Senate and the Committee on the Judiciary and the Committee on Transportation and Infrastructure a report on the study required under subsection (a). | Driving for Opportunity Act of 2021 |
Save Rural Hospitals Act of 2021 This bill establishes an area wage adjustment floor for Medicare hospital payments in states that are not frontier states and excludes such adjustments from certain budget neutrality rules. | 117 S999 IS: Save Rural Hospitals Act of 2021 U.S. Senate 2021-03-25 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 117th CONGRESS 1st Session S. 999 IN THE SENATE OF THE UNITED STATES March 25, 2021 Mr. Warner Mrs. Blackburn Mr. Cornyn Mr. Warnock Mr. Kaine Committee on Finance A BILL To amend the title XVIII of the Social Security Act to preserve access to rural health care by ensuring fairness in Medicare hospital payments. 1. Short title This Act may be cited as the Save Rural Hospitals Act of 2021 2. Ensuring fairness in medicare hospital payments (a) Hospital inpatient services (1) In general Section 1886(d)(3)(E) of the Social Security Act ( 42 U.S.C. 1395www(d)(3)(E) (A) in clause (i), in the first sentence, by striking or (iii) , (iii), or (iv) (B) by adding at the end the following new clause: (iv) Area wage index floor (I) In general For discharges occurring on or after October 1, 2021, the area wage index applicable under this subparagraph to any hospital which is not located in a frontier State (as defined in clause (iii)(II)) may not be less than 0.85. (II) Waiving budget neutrality Pursuant to the fifth sentence of clause (i), this clause shall not be applied in a budget neutral manner. . (2) Waiving budget neutrality (A) Technical amendatory correction Section 10324(a)(2) of Public Law 111–148 third sentence fifth sentence (B) Waiver Section 1886(d)(3)(E)(i) of the Social Security Act ( 42 U.S.C. 1395ww(d)(3)(E)(i) (i) by striking and the amendments , the amendments (ii) by inserting , and the amendments made by section 2(a)(1) of the Save Rural Hospitals Act of 2021 Care Act (b) Hospital outpatient department services Section 1833(t) of the Social Security Act ( 42 U.S.C. 1395l(t) (1) in paragraph (2)(D), by striking (19), the Secretary (19) and paragraph (23), the Secretary (2) by adding at the end the following new paragraph: (23) Floor on area wage adjustment factor for hospital outpatient department services With respect to covered OPD services furnished on or after January 1, 2022, the area wage adjustment factor applicable under the payment system established under this subsection to any hospital outpatient department which is not located in a frontier State (as defined in section 1886(d)(3)(E)(iii)(II)) may not be less than 0.85. The preceding sentence shall not be implemented in a budget neutral manner. . | Save Rural Hospitals Act of 2021 |
VA Clinician Appreciation, Recruitment, Education, Expansion, and Retention Support (CAREERS) Act of 2023 This bill addresses Department of Veterans Affairs (VA) personnel matters and the training, recruitment, and retention of VA health care employees. Among other requirements, the VA must expand various staff training efforts and programs; comply with certain notification and staffing requirements when a VA medical center director is on detail; prescribe a system of pay for individuals appointed as directors of medical centers and directors of Veterans Integrated Service Networks; and establish a consolidated annual leave account for certain VA employees with restored leave during 2020, 2021, and 2022. The bill also authorizes the VA to waive pay limitations for employees of the Veterans Health Administration (VHA) who are performing mission critical work; increases the maximum amount of incentive pay for pharmacist executives; modifies the special pay authority for nurse executives and the administration of pay for VA physicians, podiatrists, optometrists, and dentists; authorizes a waiver of certain licensure requirements for psychologists and mental health counselors in certain circumstances; requires the Inspector General of the VA to study and report on the use of direct hire authority, the contributions made by the use of such authority, and any vulnerabilities or inconsistencies with respect to the use of such authority; includes VA police officers as law enforcement officers for purposes of the federal retirement system; and requires the Government Accountability Office to report on human resources modernization conducted by the VHA. | 115 S10 IS: VA Clinician Appreciation, Recruitment, Education, Expansion, and Retention Support (CAREERS) Act of 2023 U.S. Senate 2023-01-23 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 118th CONGRESS 1st Session S. 10 IN THE SENATE OF THE UNITED STATES January 23 (legislative day, January 3), 2023 Mr. Tester Mr. Boozman Committee on Veterans' Affairs A BILL To improve the workforce of the Department of Veterans Affairs, and for other purposes. 1. Short title; table of contents (a) Short title This Act may be cited as the VA Clinician Appreciation, Recruitment, Education, Expansion, and Retention Support (CAREERS) 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—Training, recruitment, and retention of health care employees Sec. 101. Payment of licensure exam costs for recipients of scholarships from Department of Veterans Affairs. Sec. 102. Improvement of workforce training and team models to meet the needs of older veterans. Sec. 103. Study on improving recruitment and retention at community living centers of Department of Veterans Affairs. Sec. 104. Limitation on detail of directors of medical centers of Department of Veterans Affairs to different positions. TITLE II—Accountability, oversight, and personnel matters Subtitle A—Matters relating to pay Sec. 201. Modification of pay limitation for physicians, podiatrists, optometrists, and dentists of Department of Veterans Affairs. Sec. 202. Increased pay cap for directors of medical centers and Veterans Integrated Service Networks of Department of Veterans Affairs. Sec. 203. Waiver of pay limitation for employees of the Veterans Health Administration performing mission critical work. Sec. 204. Increase of maximum amount of incentive pay for Department pharmacist executives. Sec. 205. Modification of special pay authority for nurse executives. Subtitle B—Improvement of recruitment and hiring Sec. 211. Oversight of direct hire authority and hiring flexibility of Department of Veterans Affairs. Sec. 212. Waiver of certain licensure requirements. Subtitle C—Other personnel matters Sec. 221. Role of optometrists in Department of Veterans Affairs. Sec. 222. Expansion of annual leave options for employees of Department of Veterans Affairs during public health emergency. Sec. 223. Expansion of reimbursement of continuing professional education expenses. Sec. 224. Inclusion of police officers of Department of Veterans Affairs as law enforcement officers. Sec. 225. Department of Veterans Affairs personnel transparency. Sec. 226. Comptroller General report assessing human resources modernization within Veterans Health Administration. I Training, recruitment, and retention of health care employees 101. Payment of licensure exam costs for recipients of scholarships from Department of Veterans Affairs (a) In general The Secretary of Veterans Affairs shall pay the costs of any licensing examinations and certifications required by the Secretary for any current recipient of a covered health professional scholarship from the Department of Veterans Affairs. (b) Licensing examinations and certifications Subsection (a) shall apply to the payment of costs for— (1) the United States Medical Licensing Examination Step 1, Step 2, and Step 3; (2) the National Council Licensure Exam; (3) the National Board Dental Examination; (4) the National Board Dental Hygiene Examination; (5) the Dental Licensure Objective Structured Clinical Examination and Integrated National Board Dental Examination; (6) the National Licensing Exams for Registered Nurses, Nurse Practitioners, and Certified Registered Nurse Anesthetists; (7) the American Podiatric Medical Licensing Exam; (8) the National Board of Examiners in Optometry Exam; (9) the Physician Assistant National Certification Exam; (10) the Examination for Professional Practice in Psychology; (11) the Academy for Certification of Vision Rehabilitation and Education Professionals certification examinations; (12) the Association of Social Workers Boards Exam; and (13) such other licensing examinations and certifications as the Secretary considers appropriate. (c) Report to Congress Not later than one year after the date of the enactment of this Act, and not less frequently than annually thereafter, the Secretary shall submit to the Committee on Veterans’ Affairs of the Senate and the Committee on Veterans’ Affairs of the House of Representatives a report on the implementation of this section that includes the following data for each State and territory of the United States for the one-year period preceding the date of the report: (1) Utilization by the Secretary of the requirement under subsection (a) broken down by position and career type. (2) Number of times each examination or certification described in subsection (b) was paid for by the Department and total funds expended by the Department for each such examination or certification. (d) Covered health professional scholarship defined In this section, the term covered health professional scholarship (1) the Department of Veterans Affairs Health Professional Scholarship Program under subchapter II of chapter 76 (2) the Department of Veterans Affairs Employee Incentive Scholarship Program under subchapter VI of such chapter, including— (A) the National Nursing Education Initiative; and (B) the VA National Education for Employees Program; (3) the Department of Veterans Affairs Readjustment Counseling Service Scholarship Program under subchapter IX of such chapter; (4) the Visual Impairment and Orientation and Mobility Professionals Scholarship Program under chapter 75 of such title; (5) the Veterans Healing Veterans Medical Access and Scholarship Program under section 304 of the VA MISSION Act of 2018 ( Public Law 115–182 38 U.S.C. 7601 (6) the Physician Assistant Education and Training Pilot Program for Former Members of The Armed Forces under section 246 of division J of the Consolidated Appropriations Act of 2018 ( Public Law 115–141 38 U.S.C. 7601 (7) such other programs as the Secretary considers appropriate. 102. Improvement of workforce training and team models to meet the needs of older veterans (a) Rural geriatrics team training The Secretary of Veterans Affairs shall expand the Rural Interdisciplinary Team Training program of the Department of Veterans Affairs to not fewer than one rural site in each Veterans Integrated Service Network of the Department and ensure access at such sites to learning opportunities through the Geriatric Scholars Program of the Department. (b) Training on caring for veterans with memory loss (1) In general The Secretary shall provide continuing professional education for clinical staff of the Department who provide care for veterans with Alzheimer’s disease and dementia. (2) Implementation The Secretary shall implement the continuing professional education required under paragraph (1) in consultation with the Office of Rural Health of the Department of Veterans Affairs established under section 7308 of title 38, United States Code, in order to ensure equitable access to learning opportunities for employees of the Department in rural and highly rural areas. (c) Expansion of Geriatric Patient Aligned Care Team model and Geriatric and Palliative Specialty Services (1) In general The Secretary shall expand the Geriatrics Patient Aligned Care Team model and the geriatric and palliative specialty services of the Department of Veterans Affairs— (A) to every medical center of the Department; (B) to any community-based outpatient clinic at which such expansion is determined by the Secretary to be feasible and needed; and (C) to provide access to all veterans that need those services, including through implementing Geriatric and Palliative Specialty Consultative Clinical Resource Hubs to meet the needs of the aging veteran population. (2) Waiver of expansion to medical centers The Secretary may waive the application of the requirements under paragraph (1)(A) with respect to a medical center if the Secretary determines that the medical center does not have the capacity or need to implement a Geriatrics Patient Aligned Care Team model or to provide geriatric and palliative specialty services, as the case may be. (3) Study The Secretary shall conduct a study on the variations in the structure and model consistency of the Geriatrics Patient Aligned Care Team model and delivery and utilization of geriatric and palliative care throughout the Department and how those variations impact quality of care and patient outcomes. (d) Report to Congress (1) In general Not later than two years after the date of the enactment of this Act, and not less frequently than annually thereafter for the following five years, the Secretary shall submit to the Committee on Veterans’ Affairs of the Senate and the Committee on Veterans’ Affairs of the House of Representatives a report on the implementation of this section. (2) Inclusion of information on waivers The Secretary shall include in the report required by paragraph (1) an identification of any medical center of the Department in receipt of a waiver under subsection (c)(2) and the reason for the waiver. (e) Definitions In this section, the terms rural highly rural 103. Study on improving recruitment and retention at community living centers of Department of Veterans Affairs (a) In general Not later than two years after the date of the enactment of this Act, the Secretary of Veterans Affairs shall complete a study on barriers to hiring and retaining staff at community living centers of the Department of Veterans Affairs and best practices for improving recruitment and retention of such staff, with an emphasis on nursing staff. (b) Report to Congress Not later than 180 days after completion of the study under 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— (1) summarizing key findings with respect to barriers to hiring and retaining staff at community living centers of the Department and best practices for improving recruitment and retention of such staff, including any barriers or best practices specific to rural areas; and (2) including recommendations for such administrative action as the Secretary considers appropriate. 104. Limitation on detail of directors of medical centers of Department of Veterans Affairs to different positions (a) Notification (1) In general Not later than 90 days after detailing a director of a medical center of the Department of Veterans Affairs to a different position within the Department, the Secretary of Veterans Affairs shall notify the Committee on Veterans’ Affairs of the Senate and the Committee on Veterans’ Affairs of the House of Representatives of such detail. (2) Matters To be included The notification required by paragraph (1) shall include, with respect to a director of a medical center who is detailed to a different position within the Department, the following information: (A) The location at which the director is detailed. (B) The position title of the detail. (C) The estimated time the director is expected to be absent from their duties at the medical center. (D) Such other information as the Secretary may determine appropriate. (b) Appointment of acting director Not later than 120 days after detailing a director of a medical center of the Department to a different position within the Department, the Secretary shall appoint an individual as acting director of such medical center with all of the authority and responsibilities of the detailed director. (c) Update on detail Not later than 120 days after detailing a director of a medical center of the Department to a different position within the Department, and not less frequently than every 30 days thereafter while the detail is in effect or while the director position at the medical center is vacant, the Secretary shall submit to the Committee on Veterans’ Affairs of the Senate and the Committee on Veterans’ Affairs of the House of Representatives an update regarding the status of the detail. (d) Return to position or reassignment (1) In general Except as provided in paragraph (2), not later than 180 days after detailing a director of a medical center of the Department to a different position within the Department, for a reason other than an ongoing investigation or administrative action with respect to the director, the Secretary shall— (A) return the individual to the position as director of the medical center; or (B) reassign the individual from the position as director of the medical center and begin the process of hiring a new director for such position. (2) Waiver (A) In general The Secretary may waive the requirement under paragraph (1) with respect to an individual for successive 90-day increments for a total period of not more than 540 days from the original date the individual was detailed away from their position as director of a medical center. (B) Notification Not later than 30 days after exercising a waiver under subparagraph (A), the Secretary shall notify Congress of the waiver and provide to Congress information as to why the waiver is necessary. II Accountability, oversight, and personnel matters A Matters relating to pay 201. Modification of pay limitation for physicians, podiatrists, optometrists, and dentists of Department of Veterans Affairs (a) Market pay (1) In general Section 7431 of title 38, United States Code, is amended— (A) by striking subsections (a), (b), and (d); (B) by redesignating subsections (c), (e), (f), (g), and (h) as subsections (a), (b), (c), (d), and (e), respectively; (C) by inserting optometrists, podiatrists, (D) by inserting optometrist podiatrist, (E) in subsection (a), as redesignated by subparagraph (B), in the matter preceding paragraph (1), by striking One element of pay for physicians, podiatrists, and dentists shall be base pay. Base pay shall meet the following requirements: Pay of physicians, podiatrists, optometrists, and dentists in the Veterans Health Administration shall consist of base pay, which shall meet the following requirements: (F) in subsection (b), as so redesignated— (i) in the subsection heading, by striking total market (ii) in paragraph (1)(A)— (I) by striking annual market (II) by inserting , optometrists, podiatrists (iii) by striking paragraphs (2) and (3); (iv) by redesignating paragraph (4) as paragraph (2); (v) in paragraph (2), as redesignated by clause (iv), by striking Except as provided in sections 7404A(c) and 7410(a)(2) of this title, in no case may the total amount of compensation The total amount of market pay under subsection (a) (vi) by inserting may not exceed (vii) by adding at the end the following new paragraphs: (3) Notwithstanding any compensation or pay limitations under this title or title 5, the Secretary may authorize the Under Secretary for Health to pay physicians, podiatrists, and dentists— (A) awards authorized under this title; (B) advance payments, recruitment or relocation bonuses, and retention allowances authorized under section 7410(a) of this title or as otherwise provided by law; (C) incentives or bonuses under section 706 of this title or as otherwise provided by law; and (D) earnings from fee-basis appointments under section 7405(a)(2) of this title. (4) (A) The Secretary may waive any pay limitation described in this section (to include tier limitations) if the Secretary determines it is necessary for the recruitment or retention of critical health care personnel, as determined by the Secretary. (B) The Secretary may prescribe requirements, limitations, and other considerations for waivers under subparagraph (A). ; (G) in subsection (c), as so redesignated, by striking subsections (b) and (c) of (H) in subsection (d), as so redesignated— (i) in paragraph (1), by striking subsection (c) subsection (a) (ii) by adding at the end the following new paragraph: (3) An individual receiving market pay under subsection (a) may not receive a non-foreign cost of living allowance under section 5941 of title 5. ; and (I) in subsection (e), as so redesignated, by striking subsection (c), (d), or (e) except for the responsibilities of the Secretary under subsection (e)(1) subsections (a) or (b) except for the responsibilities of the Secretary under subsection (b)(1) (2) Conforming amendments (A) Incentives for recruitment Section 706(d)(6) of title 38, United States Code, is amended by striking total amount of compensation under section 7431(e)(4) total amount of market pay under section 7431 (B) Awards Section 7404A(c) of such title is amended by striking the limitation under section 7431(e)(4) a limitation under section 7431 (C) Additional pay authorities Section 7410(a)(2) of such title is amended by striking the limitation under section 7431(e)(4) a limitation under section 7431 (D) Pay of Under Secretary for Health Section 7432(b)(1) of such title is amended— (i) by inserting , podiatrist, optometrist, physician (ii) by striking 7431(c) 7431 (E) Administrative matters Section 7433 of such title is amended by inserting optometrists, physicians, (F) Competitive pay Section 7451(a)(2)(C) of such title is amended by inserting optometrist, physician, (G) Compensation and professional standards for certain medical officers Section 27(b) of the Central Intelligence Agency Act of 1949 ( 50 U.S.C. 3528(b) section 7431(e)(1)(C) section 7431(b)(1)(C) (3) Clerical amendments (A) Section heading (i) In general The heading for section 7431 of title 38, United States Code is amended to read as follows: 7431. Market pay . (ii) Table of sections The table of sections at the beginning of subchapter III of chapter 74 7431. Market pay. . (B) Subchapter heading (i) In general The heading for subchapter III of chapter 74 of such title is amended to read as follows: III Pay for physicians and other health-care personnel . (ii) Table of sections The table of sections at the beginning of chapter 74 of such title is amended by striking the item relating to subchapter III and inserting the following new item: SUBCHAPTER III—Pay for physicians and other health-care personnel . (4) Application (A) In general The amendments made by this subsection shall apply to any pay period of the Department of Veterans Affairs beginning on or after the date that is 30 days after the date of the enactment of this Act. (B) Performance pay for year of enactment The Secretary of Veterans Affairs may pay performance pay under section 7431(d) of title 38, United States Code, as in effect on the day before the date of the enactment of this Act, for the calendar year in which this Act is enacted. (b) Modification and clarification of pay grade for optometrists Section 7404 of such title is amended— (1) in subsection (a)(2)(A), by striking podiatrists, and dentists podiatrists, optometrists, and dentists (2) in the list in subsection (b)— (A) by striking PODIATRIST (DPM), AND DENTIST PODIATRIST (DPM), OPTOMETRIST (OD), AND DENTIST (B) by striking CLINICAL CHIROPRACTOR AND OPTOMETRIST SCHEDULE, CLINICAL CHIROPRACTOR SCHEDULE (c) Retroactive authority for compensation (1) In general The Secretary of Veterans Affairs is retroactively authorized to pay to a covered employee the amount of compensation that was authorized to be paid to the employee during the period specified in paragraph (2) but was deferred and paid to the employee in the calendar year following the calendar year in which it was authorized to be paid because it exceeded $400,000 in a calendar year. (2) Period specified The period specified in this paragraph is the period beginning on January 8, 2006, and ending on December 31, 2017. (3) Additional period Compensation authorized under this subsection shall not be included in the calculation of any aggregate limit on compensation for a covered employee for the year in which it is paid. (4) Charging of compensation Compensation authorized under this subsection shall be charged to the appropriate medical care appropriation account of the Department of Veterans Affairs for the fiscal year in which the work was performed except as follows: (A) In the case of an account that has closed pursuant to section 1552 of title 31, United States Code, the compensation shall be charged to a current appropriation account in accordance with section 1553 of such title. (B) In the case of an expired account that has not closed, if charging the compensation to the expired account would cause such account to have a negative unliquidated or unexpended balance, the compensation may be charged to a current appropriation account available for the same purpose. (5) Definitions In this subsection: (A) Compensation The term compensation (B) Covered employee The term covered employee 202. Increased pay cap for directors of medical centers and Veterans Integrated Service Networks of Department of Veterans Affairs (a) Increased pay cap (1) In general Subchapter I of chapter 74 7414. Pay for directors of medical centers and directors of Veterans Integrated Service Networks (a) In general To reflect the recruitment and retention needs of the Department for the assignment of a particular director in a medical center or Veterans Integrated Service Network of the Department, the Secretary shall prescribe a system of pay for individuals appointed under section 7401(4) of this title. (b) Market pay (1) In general The annual amount of the market rate of pay of an individual appointed under section 7401(4) of this title— (A) shall be determined by the Secretary on a case-by-case basis; and (B) shall take into account— (i) the level of experience of the individual in managing facilities or programs of the Department or other similar agencies or companies, whether governmental or nongovernmental; (ii) the complexity of the assignment of the individual, whether assigned or to be assigned; (iii) the labor market for individuals in similar positions, which may cover any geographic area the Secretary considers appropriate; (iv) the experience of the individual in performing the assignment of the individual, whether assigned or to be assigned; and (v) such other considerations as the Secretary considers appropriate. (2) Evaluation and adjustment (A) In general The market rate of pay provided under this subsection shall be evaluated by the Secretary not less frequently than once every two years. (B) Adjustment The market rate of pay of an individual may be adjusted as the result of an evaluation under subparagraph (A). (C) Notice of results An individual whose market rate of pay is evaluated under subparagraph (A) shall receive written notice of the results of such evaluation. (c) Requirements and limitations on total pay (1) Minimum and maximum amounts (A) In general Not less frequently than once every two years, the Secretary shall prescribe for applicability throughout the Department the minimum and maximum amounts for a market rate of pay that may be paid under subsection (b). (B) Publication and effective date of amounts Amounts prescribed under subparagraph (A) shall be published in the Federal Register and shall take effect not earlier than 60 days after the date of publication. (C) Maximum (i) In general Except as provided in clause (ii), in no case may the total market rate of pay provided under subsection (b) exceed the amount of annual compensation (excluding expenses) specified in section 102 of title 3. (ii) Waiver The Secretary may waive the limitation under clause (i) (to include tier limitations) if the Secretary determines it is necessary for the recruitment or retention of critical health care personnel, as determined by the Secretary. (2) Limitation on reduction No adjustment of the market rate of pay under subsection (b)(2)(B) may result in a reduction of the amount of the market rate of pay of an individual while in the same position or assignment at the same location. (d) Treatment of pay (1) In general Pay under subsection (b) shall be considered pay for all purposes, including retirement benefits under chapters 83 and 84 of title 5 and other benefits. (2) Cost-of-living allowance An individual receiving pay under subsection (b) may not receive a cost-of-living allowance under section 5941 of title 5. (e) Annual report Not later than one year after the date of the enactment of the VA Clinician Appreciation, Recruitment, Education, Expansion, and Retention Support (CAREERS) Act of 2023 . (2) Clerical amendment The table of sections at the beginning of such subchapter is amended by inserting after the item relating to section 7413 the following new item: 7414. Pay for directors of medical centers and directors of Veterans Integrated Service Networks. . (b) Conforming amendments Section 7404(a)(1) of title 38, United States Code, is amended— (1) in subparagraph (A)— (A) by striking (A) The annual The annual (B) by striking and 7401(4) (2) by striking subparagraph (B). 203. Waiver of pay limitation for employees of the Veterans Health Administration performing mission critical work (a) In general Subchapter I of chapter 74 7415. Waiver of pay limitation for employees performing mission critical work (a) In general Notwithstanding any other provision of law, the Secretary may waive any limitation on pay for an employee of the Veterans Health Administration who is performing mission critical work. (b) Authority The Secretary shall prescribe regulations for the administration of this section. (c) Employee of the Veterans Health Administration defined In this section, the term ‘ employee of the Veterans Health Administration . (b) Clerical amendment The table of sections at the beginning of such subchapter, as amended by section 202(a)(2), is further amended by inserting after the item relating to section 7414 the following new item: 7415. Waiver of pay limitation for employees performing mission critical work. . 204. Increase of maximum amount of incentive pay for Department pharmacist executives Section 7410(b)(1) of title 38, United States Code, is amended by striking $40,000 $100,000 205. Modification of special pay authority for nurse executives Section 7452(g) of title 38, United States Code, is amended— (1) in paragraph (1), by striking Department nurse executives, the Secretary may, in accordance with nurse executives for the Veterans Health Administration, the Under Secretary for Health may pay special pay to personnel of the Veterans Health Administration who are nurse executives. (2) by adding at the end the following new paragraph: (5) The Under Secretary for Health shall define through regulations which positions of the Veterans Health Administration qualify as nurse executives for purposes of special pay under paragraph (1). . B Improvement of recruitment and hiring 211. Oversight of direct hire authority and hiring flexibility of Department of Veterans Affairs Not later than three years after the date of the enactment of this Act, the Inspector General of the Department of Veterans Affairs shall conduct a study and publish a report on— (1) the use of direct hire authority by the Department; (2) the contributions made by the use of such authority to filling vacancies within the Department; and (3) any vulnerabilities or inconsistencies with respect to the use of such authority. 212. Waiver of certain licensure requirements (a) Psychologists Paragraph (8)(C) of section 7402(b) of title 38, United States Code, is amended— (1) by striking individual psychologist for a period individual psychologist— (i) for a period ; (2) by striking the period at the end and inserting ; or (3) by adding at the end the following new clause: (ii) for a reasonable period recommended by the Under Secretary for Health, not to exceed four years, during a public health emergency declared by the President, the Secretary of Health and Human Services, or such other authority as specified by the Secretary. . (b) Licensed professional mental health counselor Paragraph (11)(B) of such section is amended by striking the period at the end and inserting , except that the Secretary may waive the requirement of licensure or certification for an individual professional mental health counselor for a reasonable period of time recommended by the Under Secretary for Health. C Other personnel matters 221. Role of optometrists in Department of Veterans Affairs (a) Inclusion as physician (1) In general Section 7413 of title 38, United States Code, is amended— (A) in the section heading, by inserting and optometrists podiatrists (B) in subsection (a)— (i) by striking a doctor of podiatric medicine who is appointed as a podiatrist under section 7401(1) of this title a covered individual (ii) by striking such section section 7401(1) of this title (C) by adding at the end the following new subsection: (c) Covered individual defined In this section, the term covered individual (1) A doctor of podiatric medicine who is appointed as a podiatrist under section 7401(1) of this title. (2) A doctor of optometry who is appointed as an optometrist under section 7401(1) of this title. . (2) Clerical amendment The table of sections at the beginning of subchapter I of chapter 74 of such title is amended by striking the item relating to section 7413 and inserting the following new item 7413. Treatment of podiatrists and optometrists; clinical oversight standards. . (b) Clarification of role Section 7306 of such title is amended— (1) in subsection (a)— (A) in paragraph (6), by striking , a Director of Dietetic Service, and a Director of Optometric Service and a Director of Dietetic Service (B) by redesignating paragraph (12) as paragraph (13); and (C) by inserting after paragraph (11) the following new paragraph (12): (12) An Executive Director of Optometric Service, who shall be a qualified doctor of optometry and who shall be responsible to the Under Secretary for Health for the operation of the Optometric Service. ; (2) in subsection (b)(1), by inserting optometry, podiatric medicine, (3) in subsection (c), by striking and (10) (10), and (12) 222. Expansion of annual leave options for employees of Department of Veterans Affairs during public health emergency (a) Account for consolidation of certain annual leave (1) In general Notwithstanding any other provision of law, the Secretary of Veterans Affairs shall consolidate into one restored annual leave account all annual leave restored pursuant to section 6304(d)(1)(B) of title 5, United States Code, during calendar years 2020, 2021, and 2022 for covered employees who are employed by the Department of Veterans Affairs on the date of the enactment of this Act. (2) Additional calendar years The Secretary may consolidate into the annual leave account described in paragraph (1) annual leave restored pursuant to section 6304(d)(1)(B) of such title during calendar years not described in such paragraph with the approval of the Director of the Office of Personnel Management. (b) Leave expiration Annual leave consolidated into the annual leave account described in subsection (a)(1) shall be used before the later of— (1) January 9, 2027; and (2) the applicable deadline pursuant to section 630.309 of title 5, Code of Federal Regulations, or successor regulation. (c) Program of lump sum payments (1) In general Subject to the availability of appropriations, the Secretary may establish a program under which, during the period beginning on the date of the enactment of this Act and ending on January 9, 2027, a covered employee with annual leave described in subsection (a)(1) may elect to receive a single lump sum payment lin lieu of using such leave. (2) Treatment of lump sum payments A lump sum payment under a program established under paragraph (1) shall be treated as separate and apart from any lump sum payment of annual leave the covered employee may otherwise be entitled to upon separation from employment with the Department. (d) Covered employee defined In this section, the term covered employee (1) was appointed under chapter 73 or 74 of title 38, United States Code, notwithstanding section 7421(a) of such title, section 7425(b) of such title, or any other provision of such chapter that impacts leave for such an employee; (2) was appointed under chapter 78 of such title; or (3) occupied any position under the jurisdiction of the Secretary of Veterans Affairs that is subject to the leave provisions of chapter 63 223. Expansion of reimbursement of continuing professional education expenses (a) In general Section 7411 of title 38, United States Code, is amended to read as follows: 7411. Reimbursement of continuing professional education expenses The Secretary shall reimburse certain full-time health care professionals of the Department for expenses incurred for continuing professional education in amounts as follows: (1) With respect to any physician, dentist, podiatrist, chiropractor, optometrist, registered nurse, or physician assistant appointed under section 7401(1) of this title, not more than $1,000 per year for each such individual. (2) With respect to any licensed practical or vocational nurse, medical technologist, pharmacist, pharmacy technician, psychologist, diagnostic radiologic technologist, or social worker appointed under section 7401(3) of this title, not more than $1,000 per year for each such individual. . (b) Clerical amendment The table of sections at the beginning of subchapter I of chapter 74 7411. Reimbursement of continuing professional education expenses. . 224. Inclusion of police officers of Department of Veterans Affairs as law enforcement officers (a) Definitions In this section— (1) the term Director (2) the term Fund (3) the term incumbent (A) was appointed as a law enforcement officer before the date of enactment of this Act; and (B) is serving as a law enforcement officer on the date of enactment of this Act; (4) the term law enforcement officer (5) the term prior service (6) the term service (b) Civil Service Retirement System (1) In general Title 5, United States Code, is amended— (A) in section 8331(20), in the matter preceding subparagraph (A)— (i) by inserting (or who is described in section 8401(17)(E)) criminal laws of the United States (ii) by inserting (or who is so described) engaged in this activity (B) in section 8401(17)— (i) in subparagraph (C)— (I) by striking subparagraph (A) and (B) subparagraph (A), (B), or (E) (II) by striking and (ii) in the flush text following subparagraph (D)(iii), by adding and (iii) by adding at the end the following: (E) an employee of the Department of Veterans Affairs who is a Department police officer under section 902 of title 38, as determined by the Secretary of Veterans Affairs; . (2) Application The amendments made by this subsection shall apply to any— (A) individual who is appointed as a law enforcement officer— (i) as defined in section 8331(20) or 8401(17) of title 5, United States Code, as amended by this subsection; and (ii) on or after the date of enactment of this Act; and (B) incumbent, consistent with the requirements of this section. (c) Treatment of service performed by incumbents (1) Service on or after date of enactment Service performed by an incumbent on or after the date of enactment of this Act shall be treated as service performed as a law enforcement officer. (2) Service before date of enactment Service performed by an incumbent before the date of enactment of this Act shall, for purposes of subchapter III of chapter 83 and chapter 84 (A) the date that is 5 years after the date of enactment of this Act; or (B) the day before the date on which the incumbent separates from the service. (d) Individual contributions for prior service (1) In general An incumbent who makes an election under subsection (c)(2) may, with respect to prior service performed by the incumbent, pay a deposit into the Fund equal to the sum of— (A) the difference between— (i) the amount that would have been deducted during the period of prior service under section 8334 or 8422 of title 5, United States Code, from the pay of the incumbent if the amendments made by this section had been in effect during the prior service; and (ii) the amount that was deducted during the period of prior service under section 8334 or 8422 of title 5, United States Code; and (B) interest on the amount described in subparagraph (A)(i), as computed under— (i) paragraphs (2) and (3) of section 8334(e) of title 5, United States Code; and (ii) regulations promulgated by the Director. (2) Effect of not contributing If an incumbent does not pay the full amount of the deposit described in paragraph (1)— (A) all prior service of the incumbent shall remain fully creditable as a law enforcement officer; and (B) the resulting annuity shall be reduced— (i) in a manner similar to that described in section 8334(d)(2) of title 5, United States Code; and (ii) to the extent necessary to make up the amount unpaid. (e) Government contributions for prior service (1) In general If an incumbent makes an election under subsection (c)(2), an agency that employed the incumbent during any prior service of the incumbent shall remit to the Director, for deposit in the Fund, an amount equal to the sum of— (A) the difference between— (i) the total amount of Government contributions that would have been paid under section 8334 or 8423 of title 5, United States Code, if the amendments made by this section had been in effect during the prior service; and (ii) the total amount of Government contributions paid under section 8334 or 8423 of title 5, United States Code; and (B) interest on the amount described in subparagraph (A)(i), as computed in accordance with— (i) paragraphs (2) and (3) of section 8334(e) of title 5, United States Code; and (ii) regulations promulgated by the Director. (2) Contributions to be made ratably Government contributions under this subsection on behalf of an incumbent shall be made by the agency ratably (not less frequently than annually) over the 10-year period beginning on the date described in subsection (a)(5). (f) Exemption from mandatory separation Notwithstanding sections 8335(b) and 8425(b) of title 5, United States Code, a law enforcement officer shall not be subject to mandatory separation during the 3-year period beginning on the date of enactment of this Act. (g) Regulations The Director shall prescribe regulations to carry out this section, and the amendments made by this section, including regulations for the application of this section (and those amendments) in the case of any individual entitled to a survivor annuity (based on the service of an incumbent who dies before making an election under subsection (c)(2)), to the extent that any rights that would have been available to the decedent if still living. (h) Rule of construction Nothing in this section, or an amendment made by this section, shall be considered to apply in the case of a reemployed annuitant. 225. Department of Veterans Affairs personnel transparency (a) In general Section 505 of the John S. McCain III, Daniel K. Akaka, and Samuel R. Johnson VA Maintaining Internal Systems and Strengthening Integrated Outside Networks Act of 2018 ( Public Law 115–182 38 U.S.C. 301 (1) in subsection (a)— (A) in paragraph (1)— (i) in the matter before subparagraph (A), by striking information, facility: information: (ii) in subparagraph (B)— (I) by inserting (i) The number (II) by adding at the end the following new clause: (ii) Information made available under this subparagraph shall be updated not less frequently than once each quarter to account for delays in data processing and shall reflect the most recently available data. ; (iii) in subparagraph (C), by striking vacancies, by occupation. positions currently undergoing a recruitment action, disaggregated by occupation and by stage of recruitment, including pre-posting, posting processing stage, recruitment stage, onboarding stage, and waiting to start stage, or successor stages if modified. (iv) by adding at the end the following new subparagraph: (F) The number of positions vacated that the Secretary as decided not to backfill, disaggregated by occupation. ; (B) by redesignating paragraph (5) as paragraph (6); (C) by inserting after paragraph (4) the following new paragraph (5): (5) Display of information The display of information made publicly available on an Internet website of the Department pursuant to paragraph (1), subject to subparagraph (D) of such paragraph, shall be disaggregated— (A) by departmental component; (B) in the case of information relating to Veterans Health Administration positions, by medical facility; and (C) in the case of information relating to Veterans Benefits Administration positions, by regional office. ; and (D) in paragraph (6), as redesignated by subparagraph (B), by striking shall (A) review the administration of the website required under paragraph (1); (B) develop recommendations relating to the improvement of such administration; and (C) submit to the Committee on Veterans’ Affairs of the Senate and the Committee on Veterans’ Affairs of the House of Representatives a report containing— (i) the findings of the Inspector General with respect to the most recent review conducted under subparagraph (A); and (ii) the recommendations most recently developed under subparagraph (B). ; and (2) by amending subsection (b) to read as follows: (b) Annual report Each year, the Secretary shall submit to Congress an annual report that includes the following: (1) A description of the steps the Department is taking to achieve full staffing capacity. (2) A description of the actions the Department is taking to improve the onboard timeline for facilities of the Department, including— (A) in the case of facilities of the Veterans Health Administration, for facilities for which the duration of the onboarding process exceeds the metrics laid out in the Time to Hire Model of the Veterans Health Administration, or successor model; and (B) in the case of Veterans Benefits Administration, for regional offices that exceed the time-to-hire target of the Office of Personnel Management. (3) The amount of additional funds necessary to enable the Department to reach full staffing capacity. (4) Such recommendations for legislative or administrative action as the Secretary may have in order to achieve full staffing capacity at the Department. . (b) Effective date The amendments made by subsection (a) shall take effect on the date of the enactment of this Act and shall apply with respect to the first update under section 505(a)(3) of such Act beginning after the date of the enactment of this Act and each update thereafter. 226. Comptroller General report assessing human resources modernization within Veterans Health Administration (a) In general Not later than 18 months after the date of the enactment of this Act, the Comptroller General of the United States shall submit to the Committee on Veterans' Affairs of the Senate and the Committee on Veterans’ Affairs of the House of Representatives a report on human resources modernization conducted by the Veterans Health Administration (in this section referred to as the Administration (b) Elements The report required by subsection (a) shall include an assessment of the following: (1) The Human Resources Modernization Program of the Administration, including an assessment of the activities carried out under the Program, the results of those activities, and how the Administration measures the performance of those activities. (2) The human resources information technology systems of the Administration, including the performance, accuracy, efficiency, and user-ability of those systems for human resources professionals, managers with hiring authority, and other employees of the Administration who use those systems. (3) Metrics and timelines used to report hiring and vacancy data within the Administration, including recruitment and retention data. (4) Trends in hiring, recruitment, retention, and vacancies among employees of the Administration. (5) The use by the Administration of authorities and waivers for hiring flexibility, including an assessment of the standardization of use of such authorities and waivers within each Veterans Integrated Service Network. (6) Training, development, and workload of human resources professionals of the Administration. (7) Such other matters as the Comptroller General considers relevant. | VA Clinician Appreciation, Recruitment, Education, Expansion, and Retention Support (CAREERS) Act of 2023 |
Telehealth Expansion Act of 2023 This bill permanently exempts high deductible health plans from the requirement of a deductible for telehealth and other remote care services. | 118 S1001 IS: Telehealth Expansion Act of 2023 U.S. Senate 2023-03-28 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 118th CONGRESS 1st Session S. 1001 IN THE SENATE OF THE UNITED STATES March 28, 2023 Mr. Daines Ms. Cortez Masto Committee on Finance A BILL To amend the Internal Revenue Code of 1986 to permanently extend the exemption for telehealth services from certain high deductible health plan rules. 1. Short title This Act may be cited as the Telehealth Expansion Act of 2023 2. Exemption for telehealth services (a) In general Subparagraph (E) of section 223(c)(2) (E) Safe harbor for absence of deductible for telehealth A plan shall not fail to be treated as a high deductible health plan by reason of failing to have a deductible for telehealth and other remote care services. . (b) Certain coverage disregarded Clause (ii) of section 223(c)(1)(B) (in the case of months or plan years to which paragraph (2)(E) applies) (c) Effective date The amendments made by this section shall take effect on the date of the enactment of this Act. | Telehealth Expansion Act of 2023 |
FAST Fix Act of 2023 This bill modifies provisions governing the administration of the Federal and State Technology Partnership (FAST) program. Specifically, the bill encourages FAST program grants to be awarded to small businesses in underperforming states by requiring the Small Business Administration (SBA) to prioritize such applicants and authorizing the SBA to provide additional assistance to such applicants. The bill defines underperforming states as being the 18 states that receive the fewest Small Business Innovation Research and Small Business Technology Transfer awards. Additionally, the bill removes the limit on the number of proposals that may be submitted for inclusion in the FAST program to provide services in any one state. The bill also lowers the matching requirements for the bottom tier of FAST recipients, sets limits on the amount of each award, and extends the period for distribution of grants to two years. | 118 S1003 IS: FAST Fix Act of 2023 U.S. Senate 2023-03-28 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 118th CONGRESS 1st Session S. 1003 IN THE SENATE OF THE UNITED STATES March 28, 2023 Mr. Risch Ms. Rosen Mr. Hoeven Mr. Crapo Mrs. Capito Ms. Cortez Masto Ms. Murkowski Committee on Small Business and Entrepreneurship A BILL To modify the Federal and State Technology Partnership Program of the Small Business Administration, and for other purposes. 1. Short title This Act may be cited as the FAST Fix Act of 2023 2. Federal and State Technology Partnership Program Section 34 of the Small Business Act ( 15 U.S.C. 657d (1) in subsection (a), by adding at the end the following: (11) Underperforming State The term underperforming State ; (2) in subsection (c)— (A) in paragraph (1)— (i) in subparagraph (E)— (I) in clause (iii), by striking and (II) in clause (iv), by striking the period at the end and inserting ; and (III) by adding at the end the following: (v) to prioritize applicants located in an underperforming State. ; (B) in paragraph (2)(B)(vi)— (i) in subclause (II), by striking and (ii) by adding at the end the following: (IV) located in an underperforming State; and ; (C) in paragraph (3), by striking Not more than one proposal There is no limit on the number of proposals that (D) by adding at the end the following: (6) Additional assistance for underperforming States Upon application by a recipient that is located in an underperforming State, the Administrator may— (A) provide additional assistance to the recipient; and (B) waive the matching requirements under subsection (e)(2). ; (3) in subsection (e)— (A) in paragraph (2)— (i) in subparagraph (A)— (I) by inserting and STTR first phase (II) in clause (i), by striking 50 25 (III) in clause (iii), by striking 75 50 (ii) in subparagraph (D), by striking , beginning with fiscal year 2001 and make publicly available on the website of the Administration, beginning with fiscal year 2023 (iii) by adding at the end the following: (E) Payment The non-Federal share of the cost of an activity carried out by a recipient may be paid by the recipient over the course of the period of the award or cooperative agreement. ; and (B) by adding at the end the following: (4) Amount of award In carrying out the FAST program under this section— (A) the Administrator shall make and enter into awards or cooperative agreements; (B) each award or cooperative agreement described in subparagraph (A) shall be for not more than $500,000, which shall be provided over 2 fiscal years; and (C) any amounts left unused in the third quarter of the second fiscal year may be retained by the Administrator for future FAST program awards. (5) Reporting Not later than 6 months after receiving an award or entering into a cooperative agreement under this section, a recipient shall report to the Administrator— (A) the number of awards made under the SBIR or STTR program; (B) the number of applications submitted for the SBIR or STTR program; (C) the number of consulting hours spent; (D) the number of training events conducted; and (E) any issues encountered in the management and application of the FAST program. ; (4) in subsection (f)— (A) in paragraph (1)— (i) in the matter preceding subparagraph (A)— (I) by striking Small Business Innovation Research Program Reauthorization Act of 2000 FAST Fix Act of 2023 (II) by inserting and Entrepreneurship of the Senate (ii) in subparagraph (B), by striking and (iii) in subparagraph (C), by striking the period at the end and inserting ; and (iv) by adding at the end the following: (D) a description of the process used to ensure that underperforming States are given priority application status under the FAST program. ; and (B) in paragraph (2)— (i) in the paragraph heading, by striking Annual Biennial (ii) in the matter preceding subparagraph (A), by striking an annual a biennial (iii) in subparagraph (B), by striking and (iv) in subparagraph (C), by striking the period at the end and inserting a semicolon; and (v) by adding at the end the following: (D) the proportion of awards provided to and cooperative agreements entered into with underperforming States; and (E) a list of the States that were determined by the Administrator to be underperforming States, and a description of any changes in the list compared to previously submitted reports. ; (5) in subsection (g)(2)— (A) by striking 2004 2023 (B) by inserting and Entrepreneurship of the Senate (6) in subsection (h)(1), by striking $10,000,000 for each of fiscal years 2001 through 2005 $20,000,000 for every 2 fiscal years between fiscal years 2023 through 2027, to be obligated before the end of the second fiscal year | FAST Fix Act of 2023 |
Weatherization Assistance Program Improvements Act of 2023 This bill expands the Weatherization Assistance Program of the Department of Energy (DOE). The existing program reduces energy costs for low-income households by increasing the energy efficiency of their homes. The bill establishes a Weatherization Readiness Fund from which DOE may distribute funds to states for repairing structural defects or hazards of such homes so that weatherization measures may be installed. In addition, the bill increases the cap on the amount of funding that may be spent on (1) each home for labor, weatherization materials, and related matter; and (2) renewable energy systems in homes. The bill also eliminates a prohibition on providing funding for partially weatherized homes that have received assistance within the past 15 years. Instead, the bill applies this prohibition on fully weatherized homes. | 118 S1005 IS: Weatherization Assistance Program Improvements Act of 2023 U.S. Senate 2023-03-28 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 118th CONGRESS 1st Session S. 1005 IN THE SENATE OF THE UNITED STATES March 28, 2023 Mr. Reed Ms. Collins Mr. Coons Mrs. Shaheen Committee on Energy and Natural Resources A BILL To amend the Energy Conservation and Production Act to improve the weatherization assistance program, and for other purposes. 1. Short title This Act may be cited as the Weatherization Assistance Program Improvements Act of 2023 2. Weatherization Assistance Program (a) Weatherization Readiness Fund Section 414 of the Energy Conservation and Production Act ( 42 U.S.C. 6864 (d) Weatherization Readiness Fund (1) In general The Secretary shall establish a fund, to be known as the Weatherization Readiness Fund (2) Use of funds (A) In general A State receiving funds under paragraph (1) shall use the funds for repairs to dwelling units described in subparagraph (B) that will remediate the applicable structural defects or hazards of the dwelling unit so that weatherization measures may be installed. (B) Dwelling unit A dwelling unit referred to in subparagraph (A) is a dwelling unit occupied by a low-income person that, on inspection pursuant to the program under this part, was found to have significant defects or hazards that prevented the installation of weatherization measures under the program. (3) Authorization of appropriations In addition to amounts authorized to be appropriated under section 422, there is authorized to be appropriated to the Secretary such sums as are necessary to carry out this subsection. . (b) State average cost per unit (1) In general Section 415(c) of the Energy Conservation and Production Act ( 42 U.S.C. 6865(c) (A) in paragraph (1)— (i) in the matter preceding subparagraph (A)— (I) in the first sentence, by striking $6,500 $12,000 (II) by striking (c)(1) Except as provided in paragraphs (3) and (4) (c) Financial assistance (1) In general Except as provided in paragraphs (3), (4), and (6) ; (ii) by conforming the margins of subparagraphs (A) through (D) to the margin of subparagraph (E); (iii) in subparagraph (D), by striking , and ; and (iv) in subparagraph (E), by adding a period at the end; (B) in paragraph (2), in the first sentence, by striking weatherized (including dwelling units partially weatherized) fully weatherized (C) in paragraph (4), by striking $3,000 $6,000 (D) in paragraph (5)— (i) in subparagraph (A)(i), by striking (6)(A)(ii) (7)(A)(ii) (ii) by striking (6)(A)(i)(I) (7)(A)(i)(I) (E) by redesignating paragraph (6) as paragraph (7); and (F) by inserting after paragraph (5) the following: (6) Limit increase The Secretary may increase the amount of financial assistance provided per dwelling unit under this part beyond the limit specified in paragraph (1) if the Secretary determines that market conditions require such an increase to achieve the purposes of this part. . (2) Conforming amendment Section 414D(b)(1)(C) of the Energy Conservation and Production Act ( 42 U.S.C. 6864d(b)(1)(C) 415(c)(6)(A) 415(c)(7) | Weatherization Assistance Program Improvements Act of 2023 |
International Human Rights Defense Act of 2023 This bill establishes in the Department of State a permanent Special Envoy for the Human Rights of LGBTQI+ (lesbian, gay, bisexual, transgender, queer, or intersex) Peoples who shall serve as the principal State Department advisor regarding human rights for LGBTQI+ people and represent the United States in diplomatic matters relevant to the human rights of LGBTQI+ people. The special envoy shall periodically provide Congress with a U.S. global strategy to prevent and respond to criminalization, discrimination, and violence against LGBTQI+ people. The State Department and the U.S. Agency for International Development may provide assistance to prevent and respond to such activities against LGBTQI+ people. The bill also requires that specified annual country reports on human rights practices include information on criminalization, discrimination, and violence based on sexual orientation and gender identity. | 118 S1007 IS: International Human Rights Defense Act of 2023 U.S. Senate 2023-03-28 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 118th CONGRESS 1st Session S. 1007 IN THE SENATE OF THE UNITED STATES March 28, 2023 Mr. Markey Mr. Cardin Mrs. Feinstein Mr. Hickenlooper Ms. Baldwin Mr. Whitehouse Ms. Stabenow Mr. Carper Ms. Smith Ms. Hassan Ms. Cantwell Mr. Kaine Mr. Murphy Mr. Menendez Mr. Welch Mr. Van Hollen Mr. Kelly Mr. Sanders Mr. Padilla Mrs. Murray Ms. Klobuchar Mrs. Shaheen Committee on Foreign Relations A BILL To establish in the Bureau of Democracy, Human Rights, and Labor of the Department of State a Special Envoy for the Human Rights of LGBTQI+ Peoples, and for other purposes. 1. Short title This Act may be cited as the International Human Rights Defense Act of 2023 2. Findings Congress makes the following findings: (1) Around the world, LGBTQI+ people face violence, stigma, and discrimination based on their sexual orientation, gender identity, or sex characteristics. (2) Sixty-seven countries have national laws that criminalize same-sex relations and at least 42 United Nations member states have legal barriers for freedom of expression on issues related to sexual and gender diversity. That is equal to roughly 35 percent of United Nations member states. (3) Eleven countries have jurisdictions in which the death penalty can be imposed for private, consensual same-sex sexual activity. (4) Despite recent progress made toward decriminalization, marriage equality, and legal gender recognition, several countries have introduced anti-LGBTQI+ pieces of legislation that would further criminalize or stigmatize LGBTQI+ peoples. This includes a draconian law under review in Ghana that would outlaw LGBTQI+ relationships or identities, as well as actions by community allies, and bills that ban so-called LGBTQI+ propaganda (5) In anti-LGBTQI+ prosecutions, law enforcement officials, working in tandem with medical personnel, use the forensically discredited practice of forced anal exams to try to prove same-sex sexual activity or otherwise to torture or intimidate detainees. The United Nations Special Rapporteur on Torture has described forced anal examinations as a form of torture or cruel, inhuman, and degrading treatment and the United Nations Office of the High Commissioner for Human Rights issued a report in 2015 calling for governments to ban the practice. Human Rights Watch has documented several cases in which forced anal examinations have been used to sentence individuals for same-sex sexual conduct, including in Uzbekistan and Egypt. (6) The closing of civil society space, particularly with the increased passage or enforcement of laws that prevent the registration or operations of nongovernmental organizations, discriminates against LGBTQI+ human rights defenders and is a violation of freedom of association. This includes the wrongful closure of Sexual Minorities Uganda (SMUG), a leading nongovernmental organization committed to protecting and advancing the human rights of LGBTQI+ individuals in Uganda. (7) Extreme violence and insecurity in El Salvador, Nicaragua, Guatemala, and Honduras has driven LGBTQI+ people to flee their countries of origin to the United States for protection. At the United States border with Mexico, LGBTQI+ asylum seekers face additional violence and many have been returned to face persecution in their home countries or in third countries that are not safe. (8) Studies have shown that structural risks, including country-level policies, prosecutions, and legal barriers, might contribute to higher HIV prevalence among LGBTQI+ people, especially gay, bisexual, and other men who have sex with men. Decriminalization, decreasing enforcement, and stigma reduction are necessary to effective control of HIV. (9) The Trans Murder Monitoring Project, which monitors homicides of transgender individuals, documented at least 327 trans and gender-diverse people killed between October 1, 2021, and September 30, 2022. Of these cases, 68 percent of all of the murders occurred in Latin America and the Caribbean, with 29 percent of the total occurring in Brazil. (10) Intersex people experience prejudice and discrimination, including the common performance of medically unnecessary surgeries without their consent or approval, because their bodies do not conform to other people’s expectations about sex and gender. (11) Violence and discrimination based on sexual orientation and gender identity are documented in the Department of State’s annual Country Reports on Human Rights Practices. The report covering 2021 continues to show a clear pattern of human rights violations or abuses in every region of the world based on sexual orientation, gender identity, or sex characteristics. These violations or abuses include murder, rape, torture, death threats, extortion, and imprisonment, as well as loss of employment, housing, access to health care, and other forms of societal stigma and discrimination. The reports further document LGBTQI+-specific restrictions on basic freedoms of assembly, press, and speech in every region of the world. (12) On December 6, 2011, President Barack Obama released the Presidential Memorandum—International Initiatives to Advance the Human Rights of Lesbian, Gay, Bisexual, and Transgender Persons (13) On February 4, 2021, President Joe Biden issued a similar memorandum, the Memorandum on Advancing the Human Rights of Lesbian, Gay, Bisexual, Transgender, Queer, and Intersex Persons Around the World policy of the United States to pursue an end to violence and discrimination on the basis of sexual orientation, gender identity or expression, or sex characteristics, and to lead by the power of our example in the cause of advancing the human rights of LGBTQI+ persons around the world (14) On February 23, 2015, Secretary of State John Kerry appointed senior diplomat Randy Berry as the Department of State’s first-ever Special Envoy for the Human Rights of LGBTI Persons. No person was named to that position during the Trump Administration. (15) On June 25, 2021, President Joe Biden announced the appointment of Jessica Stern to serve as the United States Special Envoy to Advance the Human Rights of LGBTQI+ Persons. She joined the Department of State on September 27, 2021. (16) On June 30, 2016, the United Nations Human Rights Council passed a resolution cosponsored by the United States that established an Independent Expert on violence and discrimination based on sexual orientation and gender identity to help monitor and track discrimination and violence experienced by LGBTQI+ persons around the world. (17) In May 2020, the United Nations Independent Expert on protection against violence and discrimination based on sexual orientation and gender identity released a report on so-called conversion therapy by their very nature degrading, inhuman and cruel and create a significant risk of torture the psychological pain and suffering inflicted by practices of conversion therapy (18) On June 15, 2022, President Joe Biden signed an Executive Order in part directing the Secretary of State, in collaboration with the Secretary of the Treasury, the Secretary of Health and Human Services, and the Administrator of the United States Agency for International Development, to develop an action plan to promote an end to so-called conversion therapy 3. Statement of policy It is the policy of the United States— (1) to take effective action to prevent and respond to discrimination and violence against all people on any basis internationally, including sexual orientation, gender identity, and sex characteristics, and that human rights policy includes attention to criminalization, violence, and other discrimination against LGBTQI+ people; (2) to systematically integrate and coordinate into United States foreign policy efforts to prevent and respond to criminalization, discrimination, and violence against LGBTQI+ people internationally; (3) to support and build local capacity in countries around the world, including of governments at all levels and nongovernmental organizations, to prevent and respond to criminalization, discrimination, and violence against LGBTQI+ people internationally; (4) to consult, cooperate, coordinate, and collaborate with a wide variety of nongovernmental partners, including faith-based organizations and LGBTQI+-led organizations, with demonstrated experience in preventing and responding to criminalization, discrimination, and violence against LGBTQI+ people internationally; (5) to employ a multisectoral approach to preventing and responding to criminalization, discrimination, and violence against LGBTQI+ people internationally, including activities in the economic, education, health, nutrition, legal, and judicial sectors; (6) to work at all levels, from the individual to the family, community, local, national, and international levels, to prevent and respond to criminalization, discrimination, and violence against LGBTQI+ people internationally; (7) to enhance training by United States personnel of professional foreign military and police forces and judicial officials to include appropriate and thorough LGBTQI+-specific instruction on preventing and responding to criminalization, discrimination, and violence based on sexual orientation and gender identity; (8) to engage non-LGBTQI+ people as allies and partners, as an essential element of making sustained reductions in criminalization, discrimination, and violence against LGBTQI+ people internationally; (9) to require that all Federal contractors and grant recipients awarded a contract or receiving a grant, as the case may be, under an international program of the United States Government establish appropriate policies and take effective measures to ensure the protection and safety of their staff and workplace, including from discrimination and violence directed against LGBTQI+ people and those who provide services to them; (10) to exert sustained international leadership, including in bilateral and multilateral fora, to prevent and respond to criminalization, discrimination, and violence against LGBTQI+ people internationally; (11) to fully implement and expand upon the policies outlined in the Presidential Memorandum—Advancing the Human Rights of Lesbian, Gay, Bisexual, Transgender, Queer, and Intersex Persons Around the World (12) to ensure that international efforts to combat HIV/AIDS take all appropriate measures to support at-risk communities, including LGBTQI+ people, and to create enabling legal environments for these communities; (13) to work with governments and nongovernmental partners around the world to develop and implement regional strategies to decriminalize homosexuality and to counteract other restrictions on the human rights of LGBTQI+ people, including restrictions on LGBTQI+ organizations and so-called LGBTQ+ propaganda laws; and (14) to ensure that those who have a well-founded fear of persecution on account of being LGBTQI+ or supporting LGBTQI+ rights have the opportunity to seek protection in the United States. 4. Special Envoy for the Human Rights of LGBTQI+ People (a) Establishment (1) In general The Secretary of State shall establish in the Bureau of Democracy, Human Rights, and Labor (DRL) of the Department of State a permanent Special Envoy for the Human Rights of LGBTQI+ Peoples (in this section referred to as the Special Envoy (2) Rank The President may appoint the Special Envoy at the rank of Ambassador, by and with the advice and consent of the Senate. (b) Purpose In addition to the duties described in subsection (c) and those duties determined by the President and the Secretary of State, the Special Envoy shall direct efforts of the United States Government relating to United States foreign policy, as directed by the President and the Secretary, regarding human rights abuses against LGBTQI+ people and communities internationally and the advancement of human rights for LGBTQI+ people, and shall represent the United States internationally in bilateral and multilateral engagement on such matters. (c) Duties The Special Envoy— (1) shall serve as the principal advisor to the Secretary of State regarding the human rights of LGBTQI+ people internationally; and (2) at the direction of the Secretary of State— (A) shall, notwithstanding any other provision of law, direct activities, policies, programs, and funding relating to the human rights of LGBTQI+ people and the advancement of LGBTQI+ equality initiatives internationally, for all bureaus and offices of the Department of State, and shall lead the coordination of relevant international programs for all other Federal agencies relating to such matters; (B) shall represent the United States in diplomatic matters, including in bilateral and multilateral fora, relevant to the human rights of LGBTQI+ people, including criminalization, discrimination, and violence against LGBTQI+ people internationally; (C) shall direct, as appropriate, United States Government resources to respond to needs for protection, integration, resettlement, and empowerment of LGBTQI+ people in United States Government policies and international programs, including to prevent and respond to criminalization, discrimination, and violence against LGBTQI+ people internationally; (D) shall design, support, and implement activities regarding support, education, resettlement, and empowerment of LGBTQI+ people internationally, including for the prevention and response to criminalization, discrimination, and violence against LGBTQI+ people internationally; (E) shall lead interagency coordination between the foreign policy priorities related to the human rights of LGBTQI+ people and the development assistance priorities of the LGBTQI+ Coordinator of the United States Agency for International Development; and (F) shall conduct regular consultation with nongovernmental organizations working to prevent and respond to criminalization, discrimination, and violence against LGBTQI+ people internationally. (d) Briefings and assessments Not later than 180 days after the date of the enactment of this Act, and annually thereafter, the Special Envoy shall provide to the appropriate congressional committees a briefing on the status of the human rights of LGBTQI+ people internationally, as well as on the status of programs and response strategies of the United States Government to address criminalization, discrimination, and violence against LGBTQI+ people internationally. (e) United States policy To prevent and respond to criminalization, discrimination, and violence against LGBTQI+ people globally (1) Global strategy requirement Not later than 180 days after the date of the enactment of this Act, and annually thereafter for each of the following five years, the Special Envoy shall develop or update, as the case may be, a United States global strategy to prevent and respond to criminalization, discrimination, and violence against LGBTQI+ people internationally. The Special Envoy shall submit the global strategy to the appropriate congressional committees and, if practicable, make the global strategy available to the public. (2) Collaboration and coordination In developing the global strategy required under paragraph (1), the Special Envoy shall consult with— (A) mid- and high-level officials of relevant Federal agencies; and (B) representatives of nongovernmental organizations with demonstrated experience in addressing criminalization, discrimination, and violence against LGBTQI+ people internationally or promoting equal rights for LGBTQI+ people internationally. (f) Monitoring the United States strategy To prevent and respond to criminalization, discrimination, and violence against LGBTQI+ people and communities internationally In each global strategy submitted under subsection (e), the Special Envoy shall include an analysis of best practices for preventing and addressing criminalization, discrimination, and violence against LGBTQI+ people and communities internationally, including— (1) a description of successful efforts by foreign governments and nongovernmental organizations to prevent and respond to criminalization, discrimination, and violence against LGBTQI+ people and communities internationally; (2) recommendations related to best practices, effective strategies, and improvements to enhance the impact of such prevention and response efforts; and (3) the impact of activities funded by the global strategy in preventing and reducing criminalization, discrimination, and violence against LGBTQI+ people and communities internationally. 5. Documenting and responding to bias-motivated violence against LGBTQI+ people abroad (a) Report on human rights and development assistance Section 116(d) of the Foreign Assistance Act of 1961 ( 22 U.S.C. 2151n(d) (1) in paragraph (11)(C), by striking ; and (2) in paragraph (12)(C)(ii), by striking the period at the end and inserting ; and (3) by adding at the end the following new paragraph: (13) wherever applicable, the nature and extent of criminalization, discrimination, and violence by state and nonstate actors based on sexual orientation or gender identity, as those terms are defined in section 7 of the International Human Rights Defense Act of 2023, or sex characteristics, including an identification of those countries that have adopted laws or constitutional provisions that criminalize or discriminate based on such sexual orientation, gender identity, or sex characteristics, including descriptions of such laws and provisions. . (b) Report on human rights and security assistance Section 502B of the Foreign Assistance Act of 1961 ( 22 U.S.C. 2304 (1) by redesignating the second subsection (i) (relating to child marriage status) as subsection (j); and (2) by adding at the end the following new subsection: (k) Sexual orientation, gender identity, and sex characteristics The report required under subsection (b) shall include, wherever applicable, the nature and extent of criminalization, discrimination, and violence by state and nonstate actors based on sexual orientation or gender identity, as those terms are defined in section 7 of the International Human Rights Defense Act of 2023, or sex characteristics, including an identification of those countries that have adopted laws or constitutional provisions that criminalize or discriminate based on such sexual orientation, gender identity, or sex characteristics, including descriptions of such laws and provisions. . 6. Implementation of the United States strategy to prevent and respond to criminalization, discrimination, and violence against LGBTQI+ people and communities internationally The Secretary of State and the Administrator of the United States Agency for International Development are authorized to provide assistance to prevent and respond to criminalization, discrimination, and violence against LGBTQI+ people internationally. The assistance may include the following activities: (1) Development and implementation of programs, such as the Global Equality Fund of the Department of State, that respond to human rights abuses against, and the social and economic exclusion of, LGBTQI+ people. (2) Support and capacity building for the development and enforcement of the laws of foreign governments pertaining to relevant civil and criminal legal and judicial sanctions, protection, and training. (3) Enhancement of health sector capacity to detect, prevent, and respond to violence against LGBTQI+ people and communities internationally, and to combat HIV/AIDS in the LGBTQI+ community internationally, in close coordination with the Office of the Global AIDS Coordinator and Health Diplomacy of the Department of State. (4) Development of a leadership program for international LGBTQI+ activists that will foster collaboration and knowledge sharing across the world. 7. Definitions In this Act: (1) Appropriate congressional committees The term appropriate congressional committees (A) the Committee on Foreign Relations and the Committee on Appropriations of the Senate; and (B) the Committee on Foreign Affairs and the Committee on Appropriations of the House of Representatives. (2) Gender identity The term gender identity (3) Intersex The term intersex (4) LGBTQI+ The term LGBTQI+ (5) Sexual orientation The term sexual orientation | International Human Rights Defense Act of 2023 |
Setting Consumer Standards for Lithium-Ion Batteries Act This bill requires the Consumer Product Safety Commission to issue a consumer product safety standard for rechargeable lithium-ion batteries used in micromobility devices, such as electric bicycles and scooters, to protect against the risk of fires. | 118 S1008 IS: Setting Consumer Standards for Lithium-Ion Batteries Act U.S. Senate 2023-03-28 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 118th CONGRESS 1st Session S. 1008 IN THE SENATE OF THE UNITED STATES March 28, 2023 Mrs. Gillibrand Mr. Schumer Committee on Commerce, Science, and Transportation A BILL To require the Consumer Product Safety Commission to promulgate a consumer product safety standard with respect to rechargeable lithium-ion batteries used in micromobility devices, and for other purposes. 1. Short title This Act may be cited as the Setting Consumer Standards for Lithium-Ion Batteries Act 2. Consumer product safety standard for certain batteries (a) Consumer product safety standard required Not later than 180 days after the date of the enactment of this Act, the Consumer Product Safety Commission shall promulgate, under section 553 of title 5, United States Code, a final consumer product safety standard for rechargeable lithium-ion batteries used in micromobility devices within the jurisdiction of the Commission, including electric bicycles and electric scooters, to protect against the risk of fires caused by such batteries. (b) CPSC determination of scope The Consumer Product Safety Commission shall specify the types of rechargeable lithium-ion batteries and the types of micromobility devices within the jurisdiction of the Commission that are within the scope of subsection (a) as part of a standard promulgated under this section, as reasonably necessary to protect against the risk of fires caused by rechargeable lithium-ion batteries in consumer products. (c) Treatment of standard A consumer product safety standard promulgated under subsection (a) shall be treated as a consumer product safety rule promulgated under section 9 of the Consumer Product Safety Act ( 15 U.S.C. 2058 | Setting Consumer Standards for Lithium-Ion Batteries Act |
Fishing Equipment Tax Relief Act of 2023 This bill reduces from 10% to 3% the excise tax rate that applies to the sale of portable, electronically-aerated bait containers by the manufacturer, producer, or importer. | 118 S101 IS: Fishing Equipment Tax Relief Act of 2023 U.S. Senate 2023-01-26 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 118th CONGRESS 1st Session S. 101 IN THE SENATE OF THE UNITED STATES January 26, 2023 Mr. Rubio Mr. Scott of Florida Committee on Finance A BILL To amend the Internal Revenue Code of 1986 to provide a reduced excise tax rate for portable, electronically-aerated bait containers. 1. Short title This Act may be cited as the Fishing Equipment Tax Relief Act of 2023 2. Three percent rate for portable, electronically-aerated bait containers (a) In general Section 4161(a) (4) 3 percent rate for portable, electronically-aerated bait containers In the case of portable, electronically-aerated bait containers, paragraph (1) shall be applied by substituting 3 percent 10 percent . (b) Effective date The amendments made by this section shall apply to articles sold by the manufacturer, producer, or importer after December 31, 2023. | Fishing Equipment Tax Relief Act of 2023 |
Dairy Pricing Opportunity Act of 2023 This bill directs the Department of Agriculture (USDA) to hold national hearings to review Federal Milk Marketing Orders. (USDA uses these orders to establish a minimum price for various classes of milk.) The hearings must include the review of proposals from producers and the dairy industry on the price of Class I skim milk. The bill also requires manufacturers to report cost and yield information for all dairy products processed in the same facility or facilities to USDA's Dairy Product Mandatory Reporting Program. Further, every two years, USDA must publish a report containing the information obtained under these new requirements. | 118 S1014 IS: Dairy Pricing Opportunity Act of 2023 U.S. Senate 2023-03-28 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 118th CONGRESS 1st Session S. 1014 IN THE SENATE OF THE UNITED STATES March 28, 2023 Mrs. Gillibrand Ms. Collins Committee on Agriculture, Nutrition, and Forestry A BILL To require the Secretary of Agriculture to initiate hearings to review Federal milk marketing orders relating to pricing of Class I skim milk, and for other purposes. 1. Short title This Act may be cited as the Dairy Pricing Opportunity Act of 2023 2. Notice and hearings (a) In general Not later than 180 days after the date of enactment of this Act, the Secretary of Agriculture shall provide notice of, and initiate, national hearings to review Federal milk marketing orders under section 8c(3) of the Agricultural Adjustment Act ( 7 U.S.C. 608c(3) higher of (b) Higher of The higher of (1) the adjusted Class I differential specified in section 1000.52 of that title (or successor regulations); (2) the adjustment to Class I prices specified in sections 1005.51(b), 1006.51(b), and 1007.51(b) of that title (or successor regulations); and (3) the higher of— (A) the advanced pricing factor computed under section 1000.50(q)(1) of that title (or successor regulations); and (B) the advanced pricing factor computed under section 1000.50(q)(2) of that title (or successor regulations). 3. Mandatory reporting of dairy product processing costs Section 273 of the Agricultural Marketing Act of 1946 ( 7 U.S.C. 1637b (1) in subsection (b)(1)— (A) in subparagraph (A)(ii), by striking and (B) in subparagraph (B), by striking the period at the end and inserting a semicolon; and (C) by adding at the end the following: (C) for each manufacturer required to report under subparagraph (A) for any product, require that manufacturer to report cost and yield information, as determined by the Secretary, for all products processed in the same facility or facilities; and (D) require any manufacturer of such other dairy products as determined by the Secretary to report cost and yield information in the same manner as under subparagraph (C), for the purposes of providing information for the regulatory or administrative establishment of pricing rules. ; and (2) in subsection (d), by adding at the end the following: (3) Dairy product processing costs Not later than 2 years after the date of enactment of this paragraph, and every 2 years thereafter, the Secretary shall publish a report containing the information obtained under subparagraphs (C) and (D) of subsection (b)(1). . | Dairy Pricing Opportunity Act of 2023 |
Agriculture Resilience Act of 2023 This bill establishes, expands, and revises multiple programs and activities of the Department of Agriculture (USDA) primarily to reduce carbon emissions from the agriculture sector. Specifically, USDA must finalize and implement a plan to achieve net-zero emissions from the sector by 2040. USDA must periodically review and revise the plan, as necessary, and annually report on its implementation. Additionally, the bill expands the scope of various USDA research, extension, and education programs; conservation programs; and livestock programs to incorporate climate change adaptation and mitigation. Expanded activities include efforts to improve soil health and preserve farmland and grassland. Further, the bill changes programs that support renewable energy in rural areas to address carbon emissions in the agriculture sector. Among these changes, the bill provides statutory authority for the AgSTAR program for reducing methane emissions from livestock waste and requires the program to be moved from the Environmental Protection Agency to USDA. The bill also addresses food waste, for example, by (1) standardizing the voluntary labels used by food producers to indicate the date by which food should be used or discarded, and (2) making composting activities eligible for support through USDA conservation programs. Moreover, the bill establishes grants to reduce and prevent food waste in landfills and in schools. | 118 S1016 IS: Agriculture Resilience Act of 2023 U.S. Senate 2023-03-28 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 118th CONGRESS 1st Session S. 1016 IN THE SENATE OF THE UNITED STATES March 28, 2023 Mr. Heinrich Mrs. Gillibrand Mr. Welch Ms. Smith Mr. Blumenthal Mr. Booker Mr. Murphy Ms. Baldwin Mr. Markey Mr. Sanders Committee on Agriculture, Nutrition, and Forestry A BILL To address the impact of climate change on agriculture, and for other purposes. 1. Short title; table of contents (a) Short title This Act may be cited as the Agriculture Resilience 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 Secretary. TITLE I—National Goals Sec. 101. National goals. Sec. 102. Action plan. TITLE II—Research Sec. 201. Research, extension, and education purpose. Sec. 202. Regional hubs for risk adaptation and mitigation to climate change. Sec. 203. Sustainable agriculture research and education resilience initiative. Sec. 204. Long-Term Agroecosystem Research Network. Sec. 205. Public breed and cultivar research. Sec. 206. ARS Climate Scientist Career Development Program. Sec. 207. Agricultural Climate Adaptation and Mitigation through AFRI. Sec. 208. Specialty crop research initiative. Sec. 209. Integrated pest management. Sec. 210. Appropriate technology transfer for rural areas program. TITLE III—Soil Health Sec. 301. Crop insurance. Sec. 302. Environmental quality incentives program. Sec. 303. Conservation stewardship program. Sec. 304. State assistance for soil health. Sec. 305. Funding and administration. Sec. 306. Conservation compliance. Sec. 307. National and regional agroforestry centers. TITLE IV—Farmland Preservation and Farm Viability Sec. 401. Local Agriculture Market Program. Sec. 402. National organic certification cost-share program. Sec. 403. Farmland Protection Policy Act. Sec. 404. Agricultural conservation easement program. TITLE V—Pasture-Based Livestock Sec. 501. Animal raising claims. Sec. 502. Processing resilience grant program. Sec. 503. Conservation of private grazing land. Sec. 504. Conservation reserve program. Sec. 505. Alternative manure management program. TITLE VI—On-farm renewable energy Sec. 601. Rural Energy For America Program. Sec. 602. Agrivoltaic systems. Sec. 603. AgSTAR program. TITLE VII—Food Loss and Waste Subtitle A—Food Date Labeling Sec. 701. Definitions. Sec. 702. Quality dates and discard dates. Sec. 703. Misbranding. Sec. 704. Regulations. Sec. 705. Delayed applicability. Subtitle B—Other Provisions Sec. 711. Composting as conservation practice. Sec. 712. Amendments to Federal Food Donation Act. Sec. 713. Grants for composting and anaerobic digestion food waste-to-energy projects. Sec. 714. School food waste reduction grant program. Sec. 715. Support for national media campaigns to decrease incidence of food waste. Sec. 716. Food waste research program. 2. Definition of Secretary In this Act, the term Secretary I National Goals 101. National goals (a) Purpose The purpose of the goals established under this title is to prevent climate change from exceeding 1.5 degrees Celsius of warming above preindustrial levels through a national greenhouse gas emission reduction effort. (b) National goals The national goals for the agricultural sector shall be to achieve— (1) not less than a 50-percent reduction in net greenhouse gas emissions, as compared to those levels during calendar year 2010, by not later than December 31, 2030; and (2) net zero emissions by not later than December 31, 2040. (c) Subgoals To achieve the national goals described in subsection (b), there are established the following subgoals: (1) Research The total Federal investment in public food and agriculture research and extension should— (A) at a minimum, as compared to that total Federal investment for fiscal year 2023— (i) triple by not later than December 31, 2030; and (ii) quadruple by not later than December 31, 2040; and (B) strongly focus on climate change adaptation and mitigation, soil health and carbon sequestration, nutrient and manure management to curb nitrous oxide and methane emissions, agroforestry, advanced grazing management and crop-livestock integration, perennial production systems, on-farm and food system energy efficiency and renewable energy production, farmland preservation and viability, food waste reduction, and any other related areas, as determined by the Secretary. (2) Soil health The United States should— (A) immediately become a member of the Partners Forum and the Consortium of the 4 per 1000 Initiative, hosted by the Consultative Group for International Agricultural Research, with the aim of increasing total soil carbon stocks by 0.4 percent annually to reduce carbon in the atmosphere, restore soil health and productivity, and thereby improve food security; (B) sufficiently expand adoption of soil health systems and practices (including diverse crop rotations, cover cropping, and conservation tillage), perennial crop and grass-based livestock production systems, agroforestry, composting, advanced nutrient budgeting and biologically based nutrient management, advanced grazing management (including silvopasture and management-intensive rotational grazing), and integrated crop-livestock systems— (i) to reduce nitrous oxide emissions from agricultural soils, as compared to those levels during calendar year 2023— (I) by 25 percent by not later than December 31, 2030; and (II) by 75 percent by not later than December 31, 2040; (ii) to increase soil carbon stocks by 0.4 percent annually on at least 50 percent of agricultural land by not later than December 31, 2030; and (iii) to meet or exceed the threshold described in clause (ii) on all agricultural land by not later than December 31, 2040; (C) expand implementation of regionally appropriate cover crops and other continual living cover so that— (i) at least 50 percent of cropland acres include 1 or more cover crops or other continual living cover in the rotations of the cropland acres by not later than December 31, 2030; (ii) at least 75 percent of cropland acres include 1 or more cover crops or other continual living cover in the rotations of the cropland acres by not later than December 31, 2040; (iii) cropland acres are covered by crops (including forages and hay crops), cover crops, or residue for an average of 75 percent of each calendar year by not later than December 31, 2030; and (iv) cropland acres are covered by crops (including forages and hay crops), cover crops, or residue for an average of 85 percent of each calendar year by not later than December 31, 2040; and (D) encourage conversion of at least— (i) 15 percent of annual grain crop acres, as in use on the date of enactment of this Act, to agroforestry, perennial grazing, perennial grain crops, or other perennial production systems by not later than December 31, 2030; and (ii) 30 percent of annual grain crop acres, as in use on the date of enactment of this Act, to agroforestry, perennial grazing, perennial grain crops, or other perennial production systems by not later than December 31, 2040. (3) Farmland preservation (A) 2030 goal The rate of conversion of agricultural land to development, and the rate of conversion of grassland to cropping, should be reduced by at least 80 percent, as compared to those rates for calendar year 2023 by not later than December 31, 2030. (B) 2040 goal There should be no conversion of agricultural land to development, or grassland to cropping, by December 31, 2040. (4) Pasture-based livestock The livestock sector should— (A) establish advanced grazing management, including management-intensive rotational grazing, on at least— (i) 50 percent of all grazing land by not later than December 31, 2030; and (ii) 100 percent of all grazing land by not later than December 31, 2040; (B) (i) reduce greenhouse gas emissions related to feeding of ruminants by at least— (I) 1/3 (II) 1/2 (ii) accomplish the reductions described in clause (i) by— (I) reducing nongrazing feeding of ruminants; (II) growing feed grains and forages with soil health and nutrient management practices that minimize net greenhouse gas emissions from cropland; and (III) designing livestock feed mixtures and supplements to mitigate enteric methane emissions; (C) re-integrate livestock and crop production systems at farm, local, and regional levels to facilitate environmentally sound management and field application of manure and reduce the need for long-term manure storage by increasing acreage on individual farms under crop-livestock integrated management by at least— (i) 100 percent as compared to calendar year 2017 levels by not later than December 31, 2030; and (ii) 300 percent as compared to calendar year 2017 levels by not later than December 31, 2040; and (D) reduce greenhouse gas emissions resulting from manure management by— (i) immediately ceasing building any new or expanded waste lagoons for confined animal feeding operations; and (ii) converting— (I) by not later than December 31, 2030, at least 1/3 (II) by not later than December 31, 2040, at least 2/3 (5) On-farm renewable energy The agricultural sector should— (A) implement energy audits and energy efficiency improvements on at least— (i) 50 percent of farms by not later than December 31, 2030; and (ii) 100 percent of farms by not later than December 31, 2040; (B) expand on-farm clean renewable energy production to a level that is at least— (i) double the 2017 level by not later than December 31, 2030; and (ii) triple the 2017 level by not later than December 31, 2040; and (C) install and manage on-farm renewable energy infrastructure in a manner that does not— (i) compromise the climate resilience and greenhouse gas mitigation goals of this Act; or (ii) adversely impact farmland, soil, and water resources, or food production. (6) Food loss and waste Consistent with the Food Waste Challenge launched by the Department of Agriculture and the Environmental Protection Agency in June 2013, and the national food loss and waste goal announced in September 2015, the food and agricultural sector should commit to— (A) at least a 50-percent reduction in food loss and waste by not later than December 31, 2030; (B) at least a 75-percent reduction in food loss and waste by not later than December 31, 2040; and (C) in a manner consistent with the Food Recovery Hierarchy established by the Environmental Protection Agency, diverting from landfills through composting and other means at least— (i) 50 percent of unavoidable food waste and food processing byproducts by not later than December 31, 2030; and (ii) 90 percent of unavoidable food waste and food processing byproducts by not later than December 31, 2040. 102. Action plan (a) In general The Secretary shall— (1) develop a plan (referred to in this section as the plan (2) make the plan available for public comment for a period of not less than 90 days. (b) Actions Actions under the plan shall— (1) include issuing regulations, providing incentives, carrying out research and development programs, and any other actions the Secretary determines are necessary to achieve the national goals described in section 101; and (2) be designed— (A) to fully implement the provisions of this Act and the amendments made by this Act; (B) to provide benefits for farmers and ranchers, rural communities, small businesses, and consumers; (C) to improve public health, resilience, and environmental outcomes, especially for rural and low-income households, communities of color, Tribal and indigenous communities, and communities that are disproportionately vulnerable to the impacts of climate change, air and water pollution, and other resource degradation; and (D) to prioritize investments that reduce emissions of greenhouse gases and sequester carbon while simultaneously helping to solve other pressing agro-environmental resource concerns, increase farming and ranching opportunities, create quality jobs, improve farmworker working conditions and living standards, and make communities more resilient to the effects of climate change. (c) Final plan Not later than 18 months after the date of enactment of this Act, the Secretary shall— (1) finalize the plan, taking into account any public comments received on the plan; (2) begin implementation of the plan; and (3) submit the plan to Congress. (d) Updates Beginning 2 years after the date on which the Secretary submits the plan to Congress under subsection (c)(3), and not less frequently than biennially thereafter, the Secretary shall— (1) review and revise the plan to ensure that the plan is sufficient to achieve the national goals described in section 101; and (2) submit the revised plan to Congress. (e) Annual report Not later than 1 year after the date on which the Secretary submits the plan to Congress under subsection (c)(3), and annually thereafter, the Secretary shall submit to Congress, and make publicly available, an annual report that describes, for the period covered by the report— (1) actions taken pursuant to the plan and the effects of those actions; (2) the conclusion of the most recent review of the plan conducted under subsection (d), if applicable; and (3) a summary of any revisions made to the plan under that subsection. II Research 201. Research, extension, and education purpose Section 1402 of the National Agricultural Research, Extension, and Teaching Policy Act of 1977 ( 7 U.S.C. 3101 (1) by redesignating paragraphs (8) and (9) as paragraphs (9) and (11), respectively; (2) by inserting after paragraph (7) the following: (8) accelerate the ability of agriculture and the food system of the United States to first achieve net-zero carbon emissions and then be carbon negative by removing additional carbon dioxide from the atmosphere; ; (3) in paragraph (9) (as so redesignated), by striking and (4) by inserting after paragraph (9) (as so redesignated) the following: (10) develop food systems that are healthful, sustainable, equitable, and resilient to extreme weather, other impacts of climate change, and other potential intersecting global and national disruptions; and ; and (5) in paragraph (11) (as so redesignated), in subparagraph (B), by inserting and delivering to agricultural producers improving 202. Regional hubs for risk adaptation and mitigation to climate change Title IV of the Agricultural Research, Extension, and Education Reform Act of 1998 is amended by inserting before section 404 ( 7 U.S.C. 7624 401. Regional hubs for risk adaptation and mitigation to climate change (a) Establishment The Secretary shall establish a national network of regional hubs for risk adaptation and mitigation to climate change to provide to farmers, ranchers, forest landowners, and other agricultural and natural resource managers— (1) science-based, region-specific, cost-effective, and practical information and program support for science-informed decision making in light of the increased costs, opportunities, risks, and vulnerabilities associated with a changing climate; and (2) access to assistance to implement that decision making. (b) Eligibility An entity shall be eligible to be selected as a regional hub under subsection (a) if the entity is any office of the Agricultural Research Service, the Forest Service, or any other agency of the Department of Agriculture that the Secretary determines to be appropriate. (c) Administration (1) In general The network established under subsection (a) shall be designated and administered jointly by the Agricultural Research Service and the Forest Service, in partnership with other Federal agencies, including the following: (A) Within the Department of Agriculture, the following agencies: (i) The Natural Resources Conservation Service. (ii) The Farm Service Agency. (iii) The Risk Management Agency. (iv) The Animal and Plant Health Inspection Service. (v) The National Institute of Food and Agriculture. (B) The Department of the Interior. (C) The Department of Energy. (D) The Environmental Protection Agency. (E) The United States Geological Survey. (F) The National Oceanic and Atmospheric Administration. (G) The National Aeronautics and Space Administration. (H) Such other Federal agencies as the Secretary determines to be appropriate. (2) Partners The regional hubs established under subsection (a) shall work in close partnership with other stakeholders and partners, including— (A) colleges and universities (as defined in section 1404 of the Food and Agriculture Act of 1977 ( 7 U.S.C. 3103 (B) cooperative extension services (as defined in that section); (C) State agricultural experiment stations (as defined in that section); (D) private entities; (E) State, local, and regional governments; (F) Indian Tribes; (G) agriculture and commodity organizations; (H) nonprofit and community-based organizations; and (I) other partners, as determined by the Secretary. (d) Responsibilities A regional hub established under subsection (a) shall— (1) offer tools, strategic management options, and technical support to farmers, ranchers, and forest landowners to help those farmers, ranchers, and forest landowners mitigate and adapt to climate change; (2) direct farmers, ranchers, and forest landowners to Federal agencies that can provide program support to enable those farmers, ranchers, and forest landowners to implement science-informed management practices that address climate change; (3) determine how climate and weather projections will impact the agricultural and forestry sectors; (4) provide periodic regional assessments of risk and vulnerability in the agricultural and forestry sectors— (A) to help farmers, ranchers, and forest landowners better understand the potential direct and indirect impacts of climate change; and (B) to inform the United States Global Change Research Program established under section 103 of the Global Change Research Act of 1990 ( 15 U.S.C. 2933 (5) provide to farmers, ranchers, forest landowners, and rural communities outreach, education, and extension on science-based risk management through partnerships with the land-grant colleges and universities (as defined in section 1404 of the Food and Agriculture Act of 1977 ( 7 U.S.C. 3103 (6) work with any cooperative extension services (as defined in section 1404 of the Food and Agriculture Act of 1977 ( 7 U.S.C. 3103 (7) establish, in partnership with programs and projects carried out under subtitle B of title XVI of the Food, Agriculture, Conservation, and Trade Act of 1990 ( 7 U.S.C. 5801 et seq. (e) Priorities A regional hub established under subsection (a) shall prioritize synthesis and dissemination of research and data collection activities in the following areas: (1) Improved measurement and monitoring of— (A) soil organic carbon sequestration; and (B) total net greenhouse gas impacts of different farming systems and practices. (2) Lifecycle analysis for total net greenhouse gas emissions related to— (A) alternative cropping systems; (B) alternative livestock production systems; (C) integrated cropping-livestock systems; (D) alternative biofuel crop production systems and biofuel end uses; (E) alternative agroforestry practices and systems; and (F) alternative forestry management systems. (3) Research and education on— (A) optimal soil health management systems and practices; (B) advanced biological nutrient management based on optimal soil health practices; (C) enhanced synergies between crop roots and soil biota; (D) linkages between soil, plant, animal, and human health; (E) adaption and mitigation needs of stakeholders; (F) new crops or new varieties to help producers be profitable while implementing soil health management systems and adapting to a changing climate; (G) social and economic barriers to stakeholder adoption of new practices that improve adaptation, mitigation, and soil sequestration; and (H) evaluation and assessment of climate-related decision tools of the Department of Agriculture. (4) Grazing-based livestock management systems to optimize the net greenhouse gas footprint, including— (A) grazing land carbon sequestration; (B) reduction of nitrous oxide emissions from manure deposited on grazing land; and (C) mitigation of enteric methane. (5) Perennial production systems that sequester carbon, enhance soil health, and increase resilience, including— (A) perennial forages; (B) perennial grains; and (C) agroforestry. (f) Stakeholder input Each regional hub established under subsection (a)— (1) shall solicit input from stakeholders on pressing needs, important issues, and outreach strategies through a variety of mechanisms, including regional stakeholder committees; and (2) may partner with stakeholders in conducting research and developing tools. (g) Risk management (1) In general The Secretary shall appoint a team of individuals representing the regional hubs established under subsection (a), partners with those regional hubs, and the Risk Management Agency to develop recommendations to better account for— (A) climate risk in actuarial tables; and (B) soil health and other risk-reducing conservation activities under the Federal crop insurance program under the Federal Crop Insurance Act ( 7 U.S.C. 1501 et seq. (2) Submission of recommendations The team appointed under paragraph (1) shall submit to the Secretary, on an iterative basis, but not less frequently than once every 2 years, the recommendations developed by the team under that paragraph. (h) 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. . 203. Sustainable agriculture research and education resilience initiative (a) Sustainable agriculture research and education Section 1619 of the Food, Agriculture, Conservation, and Trade Act of 1990 ( 7 U.S.C. 5801 (1) in subsection (a)— (A) in paragraph (5), by striking and (B) in paragraph (6), by striking the period at the end and inserting ; and (C) by adding at the end the following: (7) increase resilience in the context of a changing climate and related economic, social, and environmental shocks. ; and (2) in subsection (b)— (A) in paragraph (2)— (i) by striking integrated crop management integrated crop and livestock management system or practice (ii) by inserting resilience, profitability, (B) by striking paragraph (3) and inserting the following: (3) The term resilience . (b) Eligibility of Tribal colleges To enter into research and extension project agreements Section 1621(b) of the Food, Agriculture, Conservation, and Trade Act of 1990 ( 7 U.S.C. 5811(b) or Federal or State 1994 Institutions (as defined in section 532 of the Equity in Educational Land-Grant Status Act of 1994 ( 7 U.S.C. 301 Public Law 103–382 (c) Agricultural and food system resilience initiative (1) In general Section 1627 of the Food, Agriculture, Conservation, and Trade Act of 1990 ( 7 U.S.C. 5821 (A) in the section heading, by striking Integrated management systems Agricultural and food system resilience initiative (B) by striking subsection (a) and inserting the following: (a) Establishment (1) In general In close conjunction with programs and projects established under sections 1621 and 1623, the Secretary shall establish a research, education, extension, and outreach initiative to increase the resilience and climate change mitigation potential of agriculture and the food system in the context of a changing climate and related economic, social, and environmental shocks, which may include— (A) farmer and rancher research and demonstration grants; and (B) the use of an interdisciplinary approach wherever appropriate. (2) Purposes The purposes of the initiative established under paragraph (1) shall be— (A) to equip farmers to prepare, adapt, and transform the farming systems of the farmers when confronted by shocks and stresses to the agricultural production and livelihoods of the farmers; (B) to support local and regional food systems that support resilience and enhance local access to and control over productive resources; (C) to encourage producers to adopt practices and systems that provide living cover year-round throughout the farm, including through the use of cover crops and perennial plants in diversified combinations, and that are designed to support crop, livestock, and crop-livestock integrated systems that— (i) minimize or abate adverse climate and environmental impacts; (ii) increase soil carbon sequestration and storage; (iii) reduce soil erosion and loss of water and nutrients; (iv) enhance soil quality and the efficient use of on-farm and off-farm inputs; (v) reduce dependency on fossil fuels; and (vi) maintain or increase profitability and long-term productivity; (D) to develop knowledge and information and conduct outreach on living cover systems and practices, including greater use of perennials, and integrated crop and livestock management systems and practices to increase resilience and assist agricultural producers in the adoption of those systems and practices; (E) to facilitate the adoption of year-round living cover and perennial production systems supporting whole-farm integrated crop and livestock management systems and practices through demonstration projects on individual farms, including small and limited resource farms, throughout the United States; and (F) to evaluate and recommend appropriate policies and programs to improve food and agricultural system resilience. ; and (C) by striking subsections (b), (c), and (d) and inserting the following: (b) Funding (1) Mandatory funding Of the funds of the Commodity Credit Corporation, the Secretary shall use to carry out this section $50,000,000 for fiscal year 2024 and each fiscal year thereafter. (2) Discretionary funding There is authorized to be appropriated to carry out this section through the National Institute of Food and Agriculture $20,000,000 for each of fiscal years 2013 through 2028. . (2) Conforming amendment The chapter heading of chapter 2 of subtitle B of title XVI of the Food, Agriculture, Conservation, and Trade Act of 1990 ( 7 U.S.C. 5821 Agricultural and food system resilience initiative (d) Technical guides and books Section 1628 of the Food, Agriculture, Conservation, and Trade Act of 1990 ( 7 U.S.C. 5831 (1) by inserting and outreach resources and educational (2) in subsection (a), by striking Not later than two years after the date of the enactment of this Act, the Secretary The Secretary (3) in subsection (b), by striking the second sentence; (4) in subsection (d)— (A) by redesignating paragraphs (3) and (4) as paragraphs (4) and (5), respectively; and (B) by inserting after paragraph (2) the following: (3) adapting to and mitigating the effects of climate change; ; (5) in subsection (e), by striking Soil Conservation Natural Resources Conservation (6) in subsection (f)(2), by striking 2023 2028 (e) National training program Section 1629 of the Food, Agriculture, Conservation, and Trade Act of 1990 ( 7 U.S.C. 5832 (1) in subsection (g)— (A) in paragraph (5), by striking Soil Conservation Service and the Agricultural Stabilization and Conservation Service Natural Resources Conservation Service and the Farm Service Agency (B) by redesignating paragraphs (10) and (11) as paragraphs (11) and (12), respectively; and (C) by inserting after paragraph (9) the following; (10) develop and provide information concerning climate change adaptation and mitigation developed under this subtitle and other research and education programs of the Department; ; (2) in subsection (h), by striking Soil Conservation Service Natural Resources Conservation Service (3) in subsection (i), by inserting , and $30,000,000 for each of fiscal years 2024 through 2028 204. Long-Term Agroecosystem Research Network Title IV of the Agricultural Research, Extension, and Education Reform Act of 1998 ( 7 U.S.C. 7624 et seq. 402. Long-Term Agroecosystem Research Network (a) In general (1) Establishment The Secretary, acting through the Administrator of the Agricultural Research Service, shall provide for the establishment and maintenance of a network of research sites operated by the Agricultural Research Service for research on the sustainability of agricultural systems in the United States, to be known as the Long-Term Agroecosystem Research Network Network (2) Goals The Network shall have the following goals: (A) To understand and enhance the sustainability of agriculture. (B) To integrate research projects with common standardized measurements on multiple agroecosystems and land uses, including cropland, rangeland, and pastureland. (C) To develop new farming systems, practices, and technologies to address agricultural challenges and opportunities, including challenges and opportunities posed by climate change. (b) Activities described The activities of the Network shall include— (1) research conducted for a minimum of 30 years to develop novel scientific insights at regional and national scales and evaluate the applicability of and adaptation to local conditions; (2) the establishment and maintenance of multiple sites or research centers that capture the diversity of agricultural production systems that function as a network; and (3) the coordination, management, and analysis of large-scale data collection relating to the sustainability of agricultural systems and the provision of infrastructure to research sites to allow for analyzing and disseminating that data. (c) Coordination of research The Secretary shall, in carrying out subsection (a)— (1) coordinate long-term agroecological research to improve understanding within the Department of how agroecosystems function at the field, regional, and national scales; (2) designate research sites for inclusion in the Network that are representative of major agricultural regions; (3) ensure that each research site included in the Network conducts experiments with common standardized goals and methods— (A) to increase agricultural productivity and profitability; (B) to enhance agricultural resilience and the capacity to mitigate and adapt to climate change; (C) to boost the provision of ecosystem services from agricultural landscapes; and (D) to improve opportunities for rural communities; (4) make data collected at research sites included in the Network open to researchers and the public whenever practicable, and integrate data across the network and partner sites; (5) provide infrastructure to research sites included in the Network for data collection, common measurements, and data streams that complement other national networks, such as the National Ecological Observatory Network and the Long-Term Ecological Research network; (6) coordinate with Department of Agriculture Climate Hubs to share research findings and data insights; and (7) collaborate with Department of Agriculture Climate Hubs to translate research findings into educational, outreach, and technical assistance materials for agricultural producers. (d) Authorization of appropriations There is authorized to be appropriated to carry out activities of the Network under this section $50,000,000 for each of fiscal years 2024 through 2028. . 205. Public breed and cultivar research (a) In general The Competitive, Special, and Facilities Research Grant Act ( 7 U.S.C. 3157 (1) in subsection (a), by adding at the end the following: (3) Definitions In this section: (A) Conventional breeding The term conventional breeding (B) Cultivar The term cultivar (C) Public animal breed The term public animal breed (D) Public cultivar The term public cultivar (i) that is the commercially available end product of a publicly funded breeding program that has been sufficiently tested to demonstrate improved characteristics and stable performance; and (ii) with respect to which, if intellectual property rights are asserted, the intellectual property rights are in the form of plant patents or plant variety protection and not utility patents. (E) Public cultivar or animal breed The term public cultivar or animal breed (i) a public animal breed; and (ii) a public cultivar. ; and (2) by adding at the end the following: (l) Public breed and cultivar development funding (1) In general Of the total amount of grants made under the provisions of law described in paragraph (2), the Secretary shall ensure that not less than $75,000,000 for each fiscal year is used for competitive research grants that support the development of public cultivars and animal breeds. (2) Applicable programs The provisions of law referred to in paragraph (1) are— (A) subsections (a) and (b); (B) section 1672B(e) of the Food, Agriculture, Conservation, and Trade Act of 1990 ( 7 U.S.C. 5925b(e) (C) sections 1619 through 1624 of that Act ( 7 U.S.C. 5801 et seq. (D) any relevant competitive grant program authorized by section 406 of the Agricultural Research, Extension, and Education Reform Act of 1998 ( 7 U.S.C. 7626 (E) section 412 of that Act ( 7 U.S.C. 7632 (3) Priority In making grants under paragraph (1), the Secretary shall give priority to high-potential research projects that lead to the release of regionally adapted public cultivars and animal breeds that assist producers in mitigating and adapting to climate change, including— (A) regionally adapted public cultivars and animal breeds; (B) public cultivars and animal breeds bred for environmental resilience, including resilience to changing climates, mitigating greenhouse gas emissions, and sequestering carbon; (C) public animal breeds adapted to grazing and overwintering as appropriate for the applicable production region; (D) public cultivars and animal breeds bred to enhance the nutritional and health outcomes of local and Native American, Alaska Native, and Native Hawaiian populations; (E) public cultivars and animal breeds of indigenous and place-based importance that are endangered; and (F) public cultivars and animal breeds with beneficial and compatible characteristics and behaviors for dual-use renewable energy-agricultural systems. (4) Grants The Secretary shall ensure that— (A) the terms and renewal process for any competitive grants made under subsection (b) in accordance with paragraph (1) facilitates the development and commercialization of public cultivars and animal breeds through long-term grants not less than 5 years in length; and (B) Tribal consultation occurs to ensure public cultivar or animal breed development does not infringe on the abilities of Tribes to maintain culturally sensitive animal breeds and cultivars. (5) Requirement for domestic production No person that receives title to a plant patent or plant variety protection relating to any public cultivar or animal breed developed using funds received under this subsection, and no assignee of any such person, shall grant to any person the exclusive right to use or sell that public cultivar or animal breed unless that person agrees that any cultivars or animals embodying the public cultivar or animal breed or produced through the use of the public cultivar or animal breed will be produced substantially in the United States. (6) Report Not later than October 1 of each year, the Secretary shall submit to Congress a report that provides information on all public cultivar and animal breeding research funded by the Department of Agriculture, including— (A) a list of public cultivars and animal breeds developed and released in a commercially available form; (B) areas of high-priority research; (C) identified research gaps relating to public cultivar and animal breed development; and (D) an assessment of the state of commercialization for public cultivars and animal breeds. . (b) Public breed and cultivar research activities coordination (1) In general Section 251 of the Department of Agriculture Reorganization Act of 1994 ( 7 U.S.C. 6971 (A) in subsection (e), by adding at the end the following: (7) Public breed and cultivar research activities coordinator (A) In general The Under Secretary shall appoint a coordinator within the Office of the Chief Scientist that reports to the Under Secretary to coordinate research activities at the Department relating to the breeding of public cultivars and animal breeds (as defined in paragraph (3) of subsection (a) of the Competitive, Special, and Facilities Research Grant Act ( 7 U.S.C. 3157(a) (B) Duties of coordinator The coordinator appointed under subparagraph (A) shall— (i) coordinate plant and animal breeding research activities funded by the Department relating to the development of public cultivars and animal breeds; (ii) (I) carry out ongoing analysis and track activities for any Federal research funding supporting plant and animal breeding (including any public cultivars and animal breeds developed with Federal funds); and (II) ensure that the analysis and activities are made available to the public not later than 60 days after the last day of each fiscal year; (iii) develop a strategic plan that establishes targets for public cultivar and animal breed research investments across the Department to ensure that a diverse range of crop and animal needs are being met in a timely and transparent manner, with a strong focus on delivery of resource-efficient, stress-tolerant, regionally adapted public cultivar and animal breeds that— (I) help build agricultural resilience to climate change; and (II) support on-farm carbon sequestration and greenhouse gas mitigation, nutritional quality, and other farmer-identified priority agronomic and market traits; (iv) convene a working group to carry out the coordination functions described in this subparagraph comprised of individuals who are responsible for the management, administration, or analysis of public cultivar and animal breeding programs within the Department from— (I) the National Institute of Food and Agriculture; (II) the Agricultural Research Service; and (III) the Economic Research Service; (v) in order to maximize delivery of public cultivars and animal breeds, promote collaboration among— (I) the coordinator; (II) the working group convened under clause (iv); (III) the advisory council established under section 1634 of the Food, Agriculture, Conservation, and Trade Act of 1990 ( 7 U.S.C. 5843 (IV) genetic resource conservation centers; (V) land-grant colleges and universities (as defined in section 1404 of the National Agricultural Research, Extension, and Teaching Policy Act of 1977 ( 7 U.S.C. 3103 (VI) Hispanic-serving institutions (as defined in section 502(a) of the Higher Education Act of 1965 ( 20 U.S.C. 1101a(a) (VII) Native American-serving nontribal institutions (as defined in section 371(c) of the Higher Education Act of 1965 ( 20 U.S.C. 1067q(c) (VIII) Tribal Colleges and Universities (as defined in section 316(b) of the Higher Education Act of 1965 ( 20 U.S.C. 1059c(b) (IX) nongovernmental organizations with interest or expertise in public breeding; and (X) public and private plant and animal breeders, including small-scale organic breeders; (vi) convene regular stakeholder listening sessions to provide input on national and regional priorities for public cultivar and animal breed research activities across the Department; and (vii) evaluate and make recommendations to the Under Secretary on training and resource needs to meet future breeding challenges. ; and (B) in subsection (f)(1)(D)(i), by striking ( 7 U.S.C. 450i(b) ( 7 U.S.C. 3157(b) (2) Conforming amendment Section 296(b)(6)(B) of the Department of Agriculture Reorganization Act of 1994 ( 7 U.S.C. 7014(b)(6)(B) Scientist; and Scientist (including the public breed and cultivar research activities coordinator under subsection (e)(7) of that section); and (c) Public breed and cultivar development Subtitle H of title XVI of the Food, Agriculture, Conservation, and Trade Act of 1990 ( 7 U.S.C. 5921 et seq. 1681. Public breed and cultivar development (a) Funding The Secretary of Agriculture, acting through the Administrator of the Agricultural Research Service (referred to in this section as the Secretary 7 U.S.C. 3157(a) (b) Priority In supporting research under subsection (a) using funds made available pursuant to subsection (d), the Secretary shall give priority to high-potential research projects that lead to the release of regionally adapted public breeds and cultivars that assist producers in mitigating and adapting to climate change. (c) Report Not later than October 1 of each year, the Secretary shall submit to Congress a report that provides information on all public breed and cultivar research funded by the Agricultural Research Service and the National Institute of Food and Agriculture, including— (1) a list of public breeds and cultivars developed and released in a commercially available form; (2) areas of high-priority research; (3) identified research gaps relating to public breed and cultivar development, including newly emerging needs stemming from climate change; and (4) an assessment of the state of commercialization for breeds and cultivars that have been developed. (d) Funding Of the funds made available to the Secretary for a fiscal year, not less than $50,000,000 shall be made available to carry out this section. . 206. ARS Climate Scientist Career Development Program (a) In general The Secretary shall, in accordance with section 922 of the Federal Agriculture Improvement and Reform Act of 1996 ( 7 U.S.C. 2279c (b) Funding Of the funds of the Commodity Credit Corporation, the Secretary may use to carry out the program described in subsection (a) not more than $10,000,000 for each of fiscal years 2024 through 2028. 207. Agricultural Climate Adaptation and Mitigation through AFRI Subsection (b)(2) of the Competitive, Special, and Facilities Grant Act ( 7 U.S.C. 3157(b)(2) (G) Agricultural climate adaptation and mitigation Agricultural climate adaptation and mitigation, including— (i) strategies for agricultural adaptation to climate change and drought, including strategies for small and medium-sized farms and ranches; (ii) on-farm mitigation strategies and solutions, including infrastructure, equipment, and ecosystems-based strategies; (iii) economic and social costs and benefits of adopting conservation practices to mitigate and adapt to climate change; (iv) ecosystem services co-benefits of reducing net greenhouse gas emissions and adapting to climate change; (v) new technologies, methods, and models to measure and predict greenhouse gas emissions and soil carbon sequestration; and (vi) the intersection of agricultural production, soil health, climate change, and human health. . 208. Specialty crop research initiative Section 412 of the Agricultural Research, Extension, and Education Reform Act of 1998 ( 7 U.S.C. 7632 (1) in subsection (b)— (A) in the matter preceding paragraph (1), by inserting , diverse multi-crop production systems, specific crops (B) in paragraph (3)(B)(ii), by striking pesticide application systems ecologically based pest management, pesticide application systems, (C) in paragraph (4)(E), by striking and (D) in paragraph (5), by striking the period at the end and inserting ; and (E) by adding at the end the following: (6) efforts to mitigate and adapt to climate change, including— (A) on-farm mitigation strategies and solutions, including agricultural ecosystems-based strategies; (B) conservation practices and technologies designed to improve soil health, including practices and technologies that sequester carbon in soil; and (C) breeding research and cultivar development to help adapt to climate change. ; and (2) in subsection (g)(3)(A), by striking equal to not less than the amount of the grant in an amount that is equal to not less than 25 percent of the funds provided through the grant 209. Integrated pest management Section 406 of the Agricultural Research, Extension, and Education Reform Act of 1998 ( 7 U.S.C. 7626 (1) by redesignating subsections (d), (e), and (f) as subsections (f), (g), and (h), respectively; (2) by inserting after subsection (c) the following: (d) Emphasis on climate resilience The Secretary shall ensure that grants made under this section are, where appropriate, consistent with the development of food and agricultural systems that improve climate resilience. (e) Ecologically based pest management The Secretary shall ensure that grants made under this section to support pest management prioritize ecologically based approaches that— (1) are effective, affordable, and environmentally sound; (2) maintain agricultural productivity and healthy communities; and (3) improve climate resilience. ; and (3) in subsection (h) (as so redesignated), by striking 2023 2028 210. Appropriate technology transfer for rural areas program (a) Establishment Section 310B(i)(2) of the Consolidated Farm and Rural Development Act ( 7 U.S.C. 1932(i)(2) (1) in the matter preceding subparagraph (A), by inserting , including a beginning farmer or rancher and a veteran farmer or rancher (as those terms are defined in section 2501(a) of the Food, Agriculture, Conservation, and Trade Act of 1990 ( 7 U.S.C. 2279(a) producers (2) in subparagraph (C), by striking and (3) by redesignating subparagraph (D) as subparagraph (E); (4) by inserting after subparagraph (C) the following: (D) increase on-farm resilience to extreme weather by enhancing soil health and adopting other conservation practices; ; (5) in subparagraph (E) (as so redesignated), by striking the period at the end and inserting ; and (6) by adding at the end the following: (F) improve farm viability and strengthen local, regional, and national supply chains. . (b) Implementation Section 310B(i)(3) of the Consolidated Farm and Rural Development Act ( 7 U.S.C. 1932(i)(3) (C) Eligibility for and use of other funds A national nonprofit agricultural assistance institution that receives a grant or enters into a cooperative agreement under this subsection— (i) may not, as a result of that grant or cooperative agreement, be treated as ineligible for a grant under any other Federal program; and (ii) may utilize, in accordance with applicable law, other public and private funds made available to the institution to expand the resources and outreach of the program established under this subsection. . (c) Authorization of appropriations Section 310B(i) of the Consolidated Farm and Rural Development Act ( 7 U.S.C. 1932(i) (4) Authorization of appropriations There are authorized to be appropriated to carry out this subsection— (A) $5,000,000 for fiscal year 2023; and (B) $8,500,000 for each of fiscal years 2024 through 2028. . III Soil Health 301. Crop insurance (a) Voluntary good farming practices Section 508(a)(3)(A)(iii) of the Federal Crop Insurance Act ( 7 U.S.C. 1508(a)(3)(A)(iii) (1) by striking including scientifically including— (I) scientifically ; (2) in subclause (I) (as so designated), by striking the period at the end and inserting ; and (3) by adding at the end the following: (II) conservation practices and enhancements that are approved by— (aa) the Natural Resources Conservation Service; or (bb) an agricultural expert, as determined by the Secretary. . (b) Risk-Reduction Based discounts Section 508(d) of the Federal Crop Insurance Act ( 7 U.S.C. 1508(d) (1) by redesignating paragraph (4) as paragraph (5); and (2) by inserting after paragraph (3) the following: (4) Risk-reduction based discount (A) In general Effective beginning with the 2024 reinsurance year, the Corporation may provide a risk-reduction based premium discount for a producer of an agricultural commodity who uses risk-reduction farming practices, as determined by the Corporation in accordance with subparagraph (B). (B) Risk-reduction farming practices For purposes of subparagraph (A), a risk-reduction farming practice may include any of the following: (i) The use of a cover crop. (ii) A resource-conserving crop rotation. (iii) Management-intensive rotational grazing. (iv) A compost or biochar application. (v) An agroforestry or other perennial production system. (vi) Other risk-reducing and soil health-promoting farming practices, as determined by the Corporation. . (c) Crop production on native sod applicability (1) Application to certain States Section 508(o) of the Federal Crop Insurance Act ( 7 U.S.C. 1508(o) (2) Effective date The amendment made by paragraph (1) shall take effect on the first day of the first reinsurance year that begins after the date that is 1 year after the date of enactment of this Act. 302. Environmental quality incentives program (a) Purposes Section 1240 of the Food Security Act of 1985 ( 16 U.S.C. 3839aa (1) in the matter preceding paragraph (1), by striking and environmental quality environmental quality, and climate change adaptation and mitigation (2) in paragraph (1)— (A) in subparagraph (B), by striking and (B) in subparagraph (C), by adding and (C) by adding at the end the following: (D) greenhouse gas emissions reduction and carbon sequestration; ; (3) in paragraph (3)(C), by inserting sequestering carbon, increasing drought resilience, reducing greenhouse gas emissions, and conserving energy (4) in paragraph (4), by inserting climate change and increasing weather volatility (b) Definitions Section 1240A of the Food Security Act of 1985 ( 16 U.S.C. 3839aa–1 (1) in paragraph (6)(B)— (A) in clause (v), by striking and (B) by redesignating clause (vi) as clause (vii); and (C) by inserting after clause (v) the following: (vi) greenhouse gas emissions reduction planning; and ; (2) in paragraph (7), in the matter preceding subparagraph (A), by striking natural resource concern or problem resource concern (3) by redesignating paragraphs (9) and (10) as paragraphs (10) and (11), respectively; and (4) by inserting after paragraph (8) the following: (9) Resource concern The term resource concern . (c) Establishment and administration of environmental quality incentives program (1) Payments Section 1240B(d)(7)(A) of the Food Security Act of 1985 ( 16 U.S.C. 3839aa–2(d)(7)(A) (A) in clause (iii), by striking ; or (B) in clause (iv), by striking the period at the end and inserting ; or (C) by adding at the end the following: (v) increases carbon sequestration or reduces greenhouse gas emissions. . (2) Allocation of funding Section 1240B(f)(1) of the Food Security Act of 1985 ( 16 U.S.C. 3839aa–2(f)(1) (A) by striking 2023 2031 (B) by striking including grazing management of which not less than 2/3 (3) Payments for conservation practices related to organic production Section 1240B(i) of the Food Security Act of 1985 ( 16 U.S.C. 3839aa–2(i) (A) by striking paragraph (3); and (B) by redesignating paragraphs (4) and (5) as paragraphs (3) and (4), respectively. (4) Conservation incentive contracts Section 1240B(j) of the Food Security Act of 1985 ( 16 U.S.C. 3839aa–2(j) (A) in paragraph (1)— (i) in subparagraph (A), by inserting , which may include climate change adaptation and mitigation, priority resource concerns (ii) in subparagraph (B), by inserting , which may include climate change adaptation and mitigation (B) in paragraph (2)— (i) in subparagraph (A)(ii)— (I) in subclause (I), by striking or (II) in subclause (II), by striking the period at the end and inserting ; or (III) by adding at the end the following: (III) funding, through annual payments, for a suite of incentive practices that are appropriate for the region and land use and that best enhance soil health and carbon sequestration and reduce greenhouse gas emissions, as determined by the Secretary. ; (ii) by striking subparagraph (B) and inserting the following: (B) Term (i) In general A contract under this subsection shall have a term of not less than 5, and not more than 10, years. (ii) Graduation option The Secretary may reduce the term for a contract under this subsection if the producer enters into a conservation stewardship contract under section 1240K with respect to the eligible land that is subject to the contract under this subsection. ; and (iii) in subparagraph (C)— (I) in clause (i), by striking and (II) in clause (ii), by striking the period at the end and inserting ; and (III) by adding at the end the following: (iii) give priority to applications that cover eligible land that, on expiration of a contract under this subsection, may be enrolled in a conservation stewardship contract under section 1240K. . (d) Environmental quality incentives plan Section 1240E(a)(3) of the Food Security Act of 1985 ( 16 U.S.C. 3839aa–5(a)(3) , and a greenhouse gas emissions reduction plan if applicable (e) Limitation on payments Section 1240G of the Food Security Act of 1985 ( 16 U.S.C. 3839aa–7 Not including payments 2023 A person or legal entity (including a joint venture and a general partnership) may not receive, directly or indirectly, cost-share or incentive payments under this subchapter that, in aggregate, exceed $450,000 for all contracts entered into under this subchapter by the person or legal entity during any 5-fiscal-year period (f) Conservation innovation grants (1) Air quality concerns from agricultural operations Section 1240H(b) of the Food Security Act of 1985 ( 16 U.S.C. 3839aa–8(b) (A) in paragraph (1)— (i) by striking practices to address The funds (i) to address air quality concerns from agricultural operations; and (ii) to meet Federal, State, and local— (I) regulatory requirements; and (II) goals with respect to greenhouse gas emissions reductions. (B) Basis of availability and use Funds for payments under subparagraph (A) ; and (ii) in the matter preceding clause (i) (as so designated), by striking The Secretary (A) In general The Secretary ; and (B) in paragraph (2), by striking $37,500,000 for each of fiscal years 2019 through 2031 $37,500,000 for each of fiscal years 2019 through 2023, and $50,000,000 for each of fiscal years 2024 through 2031 (2) On-farm conservation innovation trials Section 1240H(c) of the Food Security Act of 1985 ( 16 U.S.C. 3839aa–8(c) (A) in paragraph (1)(B)(i)— (i) in subclause (II), by inserting on-farm nutrient recycling, plans, (ii) in subclause (VI), by striking and (iii) by adding at the end the following: (VII) perennial production systems, including agroforestry and perennial forages and grain crops; and ; and (B) in paragraph (2), in the matter preceding subparagraph (A), by striking 2019 through 2031 2019 through 2023, $50,000,000 of the funds made available to carry out this subchapter for each of fiscal years 2024 and 2025, and $100,000,000 of the funds made available to carry out this subchapter for each of fiscal years 2026 through 2031 303. Conservation stewardship program (a) Definitions Section 1240I of the Food Security Act of 1985 ( 16 U.S.C. 3839aa–21 (1) in paragraph (2)— (A) in subparagraph (A), by inserting enhancements, practices, (B) in subparagraph (B)(v), by inserting and climate change (2) in paragraph (3)(C), by inserting maintained, actively implemented, (3) in paragraph (5), in the matter preceding subparagraph (A), by striking natural resource concern or problem resource concern (4) by redesignating paragraph (7) as paragraph (8); and (5) by inserting after paragraph (6) the following: (7) Resource concern The term resource concern . (b) Conservation Stewardship Program Section 1240J(a) of the Food Security Act of 1985 ( 16 U.S.C. 3839aa–22(a) (1) by maintaining, actively managing, and, where practicable, improving existing conservation activities; and (2) by undertaking additional conservation activities. . (c) Stewardship contracts (1) Submission of contract offers Section 1240K(a)(2)(B) of the Food Security Act of 1985 ( 16 U.S.C. 3839aa–23(a)(2)(B) improving, maintaining, and managing maintaining, actively managing, and, where practicable, improving (2) Evaluation of contract offers Section 1240K(b) of the Food Security Act of 1985 ( 16 U.S.C. 3839aa–23(b) (A) in paragraph (1)(A), by striking clause (iii) and inserting the following: (iii) other criteria consistent with an equal weighting of the factors described in clauses (i) and (ii), as determined by the Secretary, including criteria the Secretary determines are necessary to ensure that— (I) the program effectively targets improvements to soil health, increases in carbon sequestration, and reductions in greenhouse gas emissions; and (II) other national, State, and local priority resource concerns are effectively addressed. ; and (B) by striking paragraph (3). (3) Contract renewal Section 1240K(e) of the Food Security Act of 1985 ( 16 U.S.C. 3839aa–23(e) (A) in paragraph (3)— (i) by striking subparagraph (B); (ii) in subparagraph (A), by striking ; or , if applicable. (iii) by striking period— to meet period, to meet (B) by redesignating paragraphs (1) through (3) as subparagraphs (A) through (C), respectively, and indenting appropriately; (C) in the matter preceding subparagraph (A) (as so redesignated), by striking The Secretary (1) In general The Secretary ; and (D) by adding at the end the following: (2) Ranking and payments In determining whether to accept an application for contract renewal under this subsection, and when calculating payments for those renewed contracts, the Secretary shall consider the full conservation benefits across the entire applicable agricultural operation, including— (A) the number of priority resource concerns with respect to which the producer is expected to meet or exceed the stewardship threshold by the end of the contract period; and (B) the active management and maintenance of ongoing conservation activities, including— (i) the conservation activities adopted during a prior contract period; and (ii) the new or improved conservation activities to be adopted if a contract is renewed. . (d) Duties of the Secretary (1) Climate change adaptation and mitigation Section 1240L(a)(2) of the Food Security Act of 1985 ( 16 U.S.C. 3839aa–24(a)(2) (which may include climate change adaptation and mitigation) priority resource concerns (2) Conservation stewardship payments Section 1240L(c) of the Food Security Act of 1985 ( 16 U.S.C. 3839aa–24(c) (A) in paragraph (1)— (i) in subparagraph (A), by inserting on 1 or more types of eligible land covered by the contract activities (ii) in subparagraph (B), by striking improving, maintaining, and managing maintaining, actively managing, and improving (B) in paragraph (2)— (i) by striking subparagraph (B) and inserting the following: (B) Income forgone by the producer, including amounts that reflect— (i) increased economic risk; and (ii) loss in revenue due to— (I) production changes; (II) anticipated reductions in yield; (III) transitioning to an organic, resource-conserving cropping or grazing, or perennial production system; or (IV) acreage converted to conservation uses. ; and (ii) in subparagraph (E), by inserting , actively managed, and, where applicable, improved maintained (C) by adding at the end the following: (6) Payments for conservation activities related to organic production systems (A) In general The Secretary shall provide payments under this subsection for conservation activities relating to— (i) organic production; and (ii) transitioning to organic production. (B) Conservation activities Conservation activities described in subparagraph (A) may include— (i) generally available and specifically tailored conservation activities; and (ii) individual conservation activities and bundles of conservation activities. (7) Minimum payment The amount of an annual payment under the program shall be not less than $2,000. . (3) Supplemental payments Section 1240L(d) of the Food Security Act of 1985 ( 16 U.S.C. 3839aa–24(d) (A) in the subsection heading, by inserting , perennial production systems, rotations (B) in paragraph (1)— (i) by redesignating subparagraph (C) as subparagraph (D); and (ii) by inserting after subparagraph (B) the following: (C) Perennial production system The term perennial production system (i) the use of cropland for agroforestry, including alley cropping, silvopasture, and related production practices, as determined by the Secretary; (ii) the use of woodland for agroforestry, including forest farming, multistory cropping, and related production practices, as determined by the Secretary; and (iii) the use of cropland for perennial forages or perennial grain crops. ; (C) in paragraph (2)— (i) in subparagraph (A), by striking or (ii) in subparagraph (B), by striking the period at the end and inserting ; or (iii) by adding at the end the following: (C) a perennial production system. ; and (D) in paragraph (3), by striking or advanced grazing management , advanced grazing management, or a perennial production system (4) Payment for comprehensive conservation plan Section 1240L(e)(1) of the Food Security Act of 1985 ( 16 U.S.C. 3839aa–24(e)(1) (A) by striking the period at the end and inserting the following: “; and (B) with respect to an organic production system— (i) is integrated with an organic system plan approved under the national organic program established under the Organic Foods Production Act of 1990 ( 7 U.S.C. 6501 et seq. (ii) allows a producer to transition to organic production systems and pursue certification under that Act. ; and (B) in the matter preceding subparagraph (B) (as added by subparagraph (A)), by striking plan that meets (A) meets . (5) Payment limitations Section 1240L(f) of the Food Security Act of 1985 ( 16 U.S.C. 3839aa–24(f) (A) by inserting (including a joint venture and a general partnership) A person or legal entity (B) by striking fiscal years 2019 through 2023 any consecutive 5-fiscal-year period (6) Specialty crop and organic producers Section 1240L(g) of the Food Security Act of 1985 ( 16 U.S.C. 3839aa–24(g) , and producers transitioning to organic production systems, organic producers (7) Soil health Section 1240L(k) of the Food Security Act of 1985 ( 16 U.S.C. 3839aa–24(k) , including by— (1) conducting outreach to encourage the use of contracts to improve soil health and sequester carbon in the soil; and (2) offering payments for soil testing to provide producers and the Secretary with information on the soil health and carbon sequestration impacts of conservation activities. . (e) On-Farm conservation stewardship innovation grants Subchapter B of chapter 4 of subtitle D of title XII of the Food Security Act of 1985 ( 16 U.S.C. 3839aa–21 et seq. 1240L–2. On-farm conservation stewardship innovation grants (a) Definition of agricultural professional In this section, the term agricultural professional (b) Grants Using funds made available to carry out this subchapter, the Secretary shall provide competitive grants to carry out on-farm conservation innovation projects on eligible land of program participants for the purpose of stimulating innovative approaches on farms and ranches to leverage Federal investment in conservation stewardship, in conjunction with agricultural production or forest resource management, through the program. (c) Participants The Secretary shall provide grants under this section— (1) directly to agricultural operations, or groups of agricultural operations, participating in the program; or (2) through partnerships between agricultural professionals and small groups of agricultural operations participating in the program. (d) Use An entity that receives a grant under this section directly or through a partnership in accordance with subsection (c) shall carry out an on-farm conservation innovation project that— (1) facilitates on-farm research and demonstration or pilot testing of new technologies or innovative conservation systems and practices that aim to reduce greenhouse gas emissions and decarbonize agriculture; (2) facilitates on-farm research and demonstration or pilot testing of practices and systems with a proven high impact for greenhouse gas emissions reduction and decarbonization and low national or regional adoption rates; or (3) helps to prepare program participants for participation in environmental services markets that have as a primary goal greenhouse gas emissions reduction or decarbonization of agriculture. (e) Incentive payments (1) Agreements (A) In general In carrying out this section, the Secretary shall enter into agreements with agricultural operations (directly or through governmental or nongovernmental organizations involved in a partnership with 1 or more agricultural operations) on whose land an on-farm conservation innovation project is being carried out under this section to provide payments to the agricultural operations to assist with adopting and evaluating new or innovative conservation approaches to achieve conservation benefits. (B) Amount Payments provided under subparagraph (A) shall reflect the direct costs of the research and demonstration and compensation for foregone income, as appropriate to address the increased economic risk or lower economic return potentially associated with the applicable innovative conservation approach. (2) Adjusted gross income requirements (A) In general Adjusted gross income requirements under section 1001D(b)(1) shall— (i) apply to producers receiving payments under this subsection; and (ii) be enforced by the Secretary. (B) Reporting A governmental or nongovernmental organization participating in an on-farm conservation innovation project under this subsection shall submit to the Secretary an annual report describing the amount of payments that the organization made to each agricultural operation under this subsection. (3) Research, technical assistance, and administrative expenses The Secretary may provide to a partnership described in paragraph (1)(A) not more than $50,000 for each on-farm conservation innovation project for research, technical assistance, and administrative expenses. (4) Length of agreements An agreement entered into under paragraph (1)(A) shall be for a period determined by the Secretary that is— (A) not less than 2 years; and (B) if appropriate, more than 2 years, including if the longer period is appropriate to support— (i) adaptive management over multiple crop years; and (ii) adequate data collection and analysis by an agricultural operation or partnership to report the natural resource and agricultural production benefits of the new or innovative conservation approaches to the Secretary. . 304. State assistance for soil health Chapter 5 of subtitle D of title XII of the Food Security Act of 1985 ( 16 U.S.C. 3839bb et seq. 1240S. State assistance for soil health (a) Availability and purpose of grants Using funds made available under subsection (k), the Secretary shall make grants to States or Tribal governments for each of fiscal years 2024 through 2028 to be used by State departments of agriculture or appropriate Tribal authorities to develop and implement plans to improve soil health on agricultural land. (b) Application (1) In general A State department of agriculture or Tribal government requesting a grant under this section shall prepare and submit for approval by the Secretary an application at such time, in such a manner, and containing such information as the Secretary shall require, including an assurance that grant funds received under this section shall supplement the expenditure of State or Tribal funds in support of soil health, rather than replace State or Tribal funds for those purposes. (2) Use of funds A State or Tribal government may request funds under this section— (A) to develop or modify a State or Tribal soil health plan; or (B) to implement a State or Tribal soil health plan approved by the Secretary under this section, including through— (i) technical assistance; (ii) financial assistance; (iii) on-farm research and demonstration; (iv) education, outreach, and training; (v) monitoring and evaluation; or (vi) such other activities as the Secretary determines to be appropriate. (3) Plan components Prior to approving a State or Tribal soil health plan, the Secretary shall ensure that the plan, at a minimum— (A) is broadly consistent with the soil health principles of the Natural Resources Conservation Service; and (B) identifies effective strategies for increasing adoption of regionally appropriate soil health practices and systems on privately owned agricultural land under the jurisdiction of the applicable State or Tribal government. (4) Eligibility A State or Tribal government may— (A) apply for a grant for the purposes described in paragraph (2)(A) at any time; and (B) apply for a grant for the purposes described in paragraph (2)(B) on approval by the Secretary of a soil health plan for the State or Tribal government. (c) Tribal option At the sole discretion of a Tribal government, an Indian Tribe or Tribal organization shall have the option of being incorporated into a State application rather than submitting an application for the Indian Tribe or Tribal organization. (d) Grant amount (1) Maximum The maximum grant any 1 State or Tribal government may receive under this section for a fiscal year shall be— (A) in the case of a grant for the purposes described in subsection (b)(2)(A), $1,000,000; and (B) in the case of a grant for the purposes described in subsection (b)(2)(B), $5,000,000. (2) Federal share (A) Grants to States The amount of a grant to a State under this section shall not exceed— (i) 75 percent of the cost of developing or modifying a soil health plan; or (ii) 50 percent of the cost of implementing the soil health plan. (B) Grants to Tribes The amount of a grant to a Tribal government under this section shall not exceed— (i) 90 percent of the cost of developing or modifying a soil health plan; or (ii) 75 percent of the cost of implementing the soil health plan. (3) Non-Federal funds A grant made under this section shall be made on the condition that the non-Federal share of expenditures under paragraph (2) be provided by non-Federal sources. (e) Grant term A grant under this section shall be for 1 year and may be renewed annually, at the discretion of the Secretary. (f) Priority The Secretary shall give priority to States or Tribal governments with a climate action plan that includes soil health, as determined by the Secretary. (g) Performance measures and evaluation (1) Performance measures Each application under subsection (b) shall include performance measures to be used to evaluate the results of the assistance received under this section. (2) Review Each applicable State department of agriculture or Tribal authority shall submit to the Secretary a review and evaluation of the progress of the State department of agriculture or Tribal authority, using the performance measures under paragraph (1), at such intervals as the Secretary shall establish. (h) Effect of noncompliance If the Secretary, after reasonable notice to a State or Tribal government, determines that there has been a failure by the State or Tribal government to comply with the terms of a grant made under this section, the Secretary may disqualify, for 1 or more years, the State or Tribal government from receipt of future grants under this section. (i) Audit requirement For each year that a State or Tribal government receives a grant under this section, the State or Tribal government shall— (1) conduct an audit of the expenditures of grant funds by the State or Tribal government; and (2) not later than 30 days after the completion of the audit under paragraph (1), submit to the Secretary a copy of the audit. (j) Administration (1) Department The Secretary may not use more than 3 percent of the funds made available to carry out this section for a fiscal year for administrative expenses. (2) States and Tribes A State or Tribal government receiving a grant under this section may not use more than 7 percent of the funds received under the grant for a fiscal year for administrative expenses. (k) Funding Of the funds of the Commodity Credit Corporation, the Secretary shall use to make grants under this section— (1) $60,000,000 for each of fiscal years 2024 and 2025; (2) $80,000,000 for each of fiscal years 2026 and 2027; and (3) $100,000,000 for fiscal year 2028 and each fiscal year thereafter. . 305. Funding and administration (a) Commodity Credit Corporation (1) Annual funding Section 1241(a) of the Food Security Act of 1985 ( 16 U.S.C. 3841(a) (A) in paragraph (1)— (i) in subparagraph (A), by inserting , and $17,000,000 for the period of fiscal years 2024 through 2028, 2023 (ii) in subparagraph (B), by inserting and $70,000,000 for the period of fiscal years 2024 through 2028, including not more than $5,000,000 to provide outreach and technical assistance, technical assistance, (B) in paragraph (2)— (i) in subparagraph (E), by striking and (ii) in subparagraph (F), by striking 2031. 2023; and (iii) by adding at the end the following: (G) $700,000,000 for each of fiscal years 2024 through 2031. ; and (C) in paragraph (3)— (i) in subparagraph (A)— (I) in clause (iv), by striking and (II) in clause (v), by striking each of fiscal years 2023 through 2031 fiscal year 2023 (III) by adding at the end the following: (vi) $3,000,000,000 for each of fiscal years 2024 through 2031; and ; and (ii) in subparagraph (B)— (I) in clause (iv), by striking and (II) in clause (v), by striking each of fiscal years 2023 through 2031. fiscal year 2023; and (III) by adding at the end the following: (vi) $4,000,000,000 for each of fiscal years 2024 through 2031. . (2) Technical assistance Section 1241(c) of the Food Security Act of 1985 ( 16 U.S.C. 3841(c) (5) Special initiative (A) In general Beginning in fiscal year 2022, and each year thereafter through fiscal year 2028, the Secretary shall use for a special technical assistance initiative to assist producers in mitigating and adapting to climate change, of the funds of the Commodity Credit Corporation, an amount equal to not less than 1 percent of Commodity Credit Corporation funds made available for the applicable fiscal year for each of the programs described in subsection (a). (B) Provision of technical assistance The Secretary shall provide technical assistance under the special initiative under this paragraph to producers— (i) directly; (ii) (I) through an agreement with a third-party provider (as defined in section 1242(a)); or (II) at the option of the producer, through a payment, as determined by the Secretary, to the producer for a third-party provider approved under section 1242, if available; or (iii) through a cooperative agreement or contract with— (I) a cooperative extension; (II) a nongovernmental organization; or (III) a State, Tribal, or Federal agency. (C) Underserved producers In providing technical assistance under this paragraph, the Secretary shall give priority to producers who are persons described in section 1244(a)(2). . (3) Assistance to certain farmers or ranchers for conservation access Section 1241(h) of the Food Security Act of 1985 ( 16 U.S.C. 3841(h) (A) in paragraph (1)(B), by striking practicable— practicable, 30 percent to assist beginning farmers or ranchers and socially disadvantaged farmers or ranchers. (B) in paragraph (4), by striking section 2501(e) section 2501(a) of the Food, Agriculture, Conservation, and Trade Act of 1990 ( 7 U.S.C. 2279(a) (b) Delivery of technical assistance Section 1242 of the Food Security Act of 1985 ( 16 U.S.C. 3842 (1) in subsection (a)(2)— (A) by inserting an individual, a commercial entity (B) by striking State or local State, local, or Tribal (C) by striking nutrient management planning, soil health planning, greenhouse gas emissions reduction planning, nutrient management planning, integrated pest management planning, agroforestry planning, organic transition planning, (2) in subsection (e)— (A) in paragraph (3)(A)— (i) by inserting individuals, commercial entities, (ii) by striking State or local State, local, or Tribal (B) in paragraph (5), by inserting or organic sustainability (3) in subsection (i)— (A) in the subsection heading, by inserting perennial agriculture system, organic, (B) in paragraph (2), by inserting a perennial agriculture system, production, (c) Administrative requirements for conservation programs (1) Incentives for certain farmers and ranchers and Indian tribes Section 1244(a)(1) of the Food Security Act of 1985 ( 16 U.S.C. 3844(a)(1) (A) in the matter preceding subparagraph (A), by striking incentives incentives, including higher payment rates, advance payments, transition payments, and farm infrastructure assistance, (B) in subparagraph (A), by striking and (C) by striking subparagraph (B) and inserting the following: (B) to establish a new generation of producers who use the full array of climate-friendly conservation activities that reduce greenhouse gas emissions, increase soil carbon, and improve resilience to weather extremes; and (C) to enhance other long-term environmental goals. . (2) Review and guidance for practice costs and payment rates Section 1244(j)(1)(B) of the Food Security Act of 1985 ( 16 U.S.C. 3844(j)(1)(B) (A) in clause (ii), by striking and (B) in clause (iii), by striking the period at the end and inserting ; and (C) by adding at the end the following: (iv) accelerates progress in meeting the goals established under title I of the Agriculture Resilience Act of 2023 . (3) Advanced grazing management Section 1244 of the Food Security Act of 1985 ( 16 U.S.C. 3844 (q) Advanced grazing management (1) In general In carrying out any conservation program administered by the Secretary, the Secretary shall encourage advanced grazing management, including management-intensive rotational grazing (as those terms are defined in section 1240L(d)(1)). (2) Reservation of funds In each of fiscal years 2024 through 2028, the Secretary shall use to carry out this subsection not less than 2/3 . (d) Environmental services markets Section 1245 of the Food Security Act of 1985 ( 16 U.S.C. 3845 (f) Greenhouse gas emissions and carbon sequestration monitoring and measurement Federal advisory committee (1) Establishment Not later than 180 days after the date of enactment of this subsection, the Secretary shall establish an advisory committee, to be known as the Greenhouse Gas Emissions and Carbon Sequestration Monitoring and Measurement Federal Advisory Committee advisory committee (2) Membership In carrying out paragraph (1), the Secretary shall appoint members to the advisory committee that— (A) reflect diversity in gender, age, race, and geography; and (B) include— (i) farmers and ranchers, including farmers and ranchers operating small and mid-sized farms; (ii) organizations representing farmers and ranchers, including organizations representing farmers and ranchers operating small and mid-sized farms; (iii) scientists; (iv) environmental nonprofit organizations; (v) existing private sector carbon and ecosystem services market development initiatives; (vi) businesses working to reduce greenhouse gas emissions from agriculture in the supply chains of the businesses; (vii) relevant Federal agencies; (viii) Tribal communities; and (ix) State agriculture agencies. (3) Terms (A) Term length The term of a member of the advisory committee shall be 3 years. (B) Reappointment The Secretary may reappoint a member of the advisory committee for not more than 2 consecutive terms. (4) Meetings The advisory committee shall meet— (A) not fewer than 4 times in the first year after the advisory committee is established; and (B) not less frequently than twice annually thereafter. (5) Recommendations Not later than 1 year after the date on which the advisory committee is established, and periodically thereafter, the advisory committee shall submit to the Secretary recommendations on— (A) the feasibility of establishing reliable outcomes-based measurement systems, as described in subsection (g); (B) existing technology that provides reliable measurement data; (C) with respect to parameters for which existing technology does not provide reliable measurement data, research and technical needs and, as appropriate, goals and plans for that research; (D) standards for data collection and dissemination; (E) farmer data management and privacy; (F) greenhouse gas emissions and soil health inventories and databases, as described in subsection (h); and (G) criteria for soil health and greenhouse gas emissions reductions incentives, as described in subsection (i). (g) Measurement system (1) Purpose The Secretary shall evaluate existing outcomes-based measurement systems for recordkeeping, modeling, and measurement of farm-level greenhouse gas emissions and soil carbon sequestration, including measures of soil disturbance, plant diversity, continual living cover, residue management, advanced grazing management, and crop-livestock integration, to determine which of those systems— (A) can be implemented quickly; (B) can improve in accuracy and ease over time; (C) use the best available science and technology; (D) estimate uncertainty; and (E) are cost-effective. (2) Guidance Not later than 18 months after the date of enactment of this subsection, the Secretary shall issue guidance on the outcomes-based measurement systems evaluated under paragraph (1), based on— (A) recommendations from the advisory committee established under subsection (f); and (B) information from— (i) existing and emerging agroecosystem models; (ii) remote sensing data and analysis; (iii) soil health demonstration trials carried out under section 1240H(c)(7); (iv) existing and emerging public environmental services protocols, measurement systems, and benchmarks, including uncertainty predictions and measurements; (v) field-level measurement, including field-based data collected under section 21002(a)(2) of Public Law 117–169 7 U.S.C. 6936 (vi) the Conservation Evaluation and Monitoring Activity for the Carbon Sequestration and Greenhouse Gas Mitigation Assessment; and (vii) such other sources as the Secretary determines to be appropriate. (3) Review The Secretary, based on recommendations from the advisory committee established under subsection (f), shall— (A) establish and maintain an outcomes-based measurement system in accordance with the guidance issued under paragraph (2) when feasible; (B) conduct a periodic review of that system; (C) periodically make any necessary updates to that system; and (D) establish research and development goals and plans, as necessary. (h) Inventory (1) In general Not later than 18 months after the date of enactment of this subsection, and every 2 years thereafter, the Secretary, in consultation with the advisory committee established under subsection (f) and the Administrator of the Environmental Protection Agency, shall conduct a nationwide soil health and agricultural greenhouse gas emissions inventory that uses the best available science and data to establish expected average performance for soil carbon drawdown and storage and greenhouse gas emissions reduction by primary production type and production region. (2) Database Drawing on the field-based data collected under section 21002(a)(2) of Public Law 117–169 7 U.S.C. 6936 (A) establish an accessible and interoperable database for the information collected through the inventory conducted under paragraph (1); and (B) improve and update that database not less frequently than once every 2 years as new data is collected. (i) Criteria (1) In general The Secretary, in consultation with the advisory committee established under subsection (f), shall establish criteria for payments, credits, or other forms of incentives to inform policy established to promote soil carbon sequestration or greenhouse gas emissions reductions. (2) Requirements The criteria established under paragraph (1) shall— (A) have a documented likelihood to lead to long-term net increases in soil carbon sequestration and net reductions in greenhouse gas emissions, according to the best available science; (B) be based in part on environmental impact modeling of the changes of shifting from baseline agricultural practices to new or improved agricultural practices; and (C) be designed to prevent the degradation of other natural resource or environmental conditions. (j) Demonstration trials (1) In general The Secretary shall periodically review the results from soil health demonstration trials carried out under section 1240H(c)(7), and other similar public and private demonstration trials that the Secretary determines to be appropriate, to inform the activities under subsections (g), (h), and (i). (2) Recommendations In submitting reports pursuant to section 1240H(c)(7)(C)(ii), the Secretary shall include any recommendations to Congress for changes or additions to the conservation programs under this Act that the Secretary determines to be appropriate to accelerate net increases in soil carbon sequestration and other improvements in soil health. . 306. Conservation compliance (a) Definitions Section 1201(a) of the Food Security Act of 1985 ( 16 U.S.C. 3801(a) (1) in paragraph (3)— (A) by striking highly erodible (B) in subparagraph (B), by striking and conservation treatment measures crop rotation and cover crop systems, and other relevant soil conservation and soil health management treatment measures (2) in paragraph (4)— (A) in subparagraph (A), by striking and (B) in subparagraph (B)— (i) by striking or a substantial improvement in soil conditions on a field or group of fields containing highly erodible cropland and a substantial improvement in soil health conditions (including soil carbon levels) on a field or group of fields containing cropland (ii) by striking the period at the end and inserting a semicolon; and (C) by adding at the end the following: (C) are designed to achieve, within 5 years of actively applying a conservation plan, a level of erosion not to exceed twice the soil loss tolerance level; and (D) are designed to effectively prevent the formation of new, or treat all existing, ephemeral gullies. ; and (3) in paragraph (11)(A)(ii), by striking excessive average annual rate of erosion in relation to average annual rate of erosion exceeding twice (b) Cropland conservation (1) Program ineligibility Section 1211 of the Food Security Act of 1985 ( 16 U.S.C. 3811 (A) in subsection (a)— (i) in the matter preceding paragraph (1), by striking produces an agricultural commodity as determined by the Secretary carries out an activity described in subsection (b), as determined by the Secretary, (ii) in paragraph (1)(D), by inserting cropland or highly erodible land (B) by redesignating subsection (b) as subsection (c); (C) by inserting after subsection (a) the following: (b) Activities described Activities referred to in subsection (a) are— (1) the production of an agricultural commodity on a field on which cropland is predominant; (2) the designation of land on which cropland is predominant to be set aside, diverted, devoted to conservation uses, or otherwise not cultivated under a program administered by the Secretary to reduce production of an agricultural commodity; and (3) the production of an agricultural commodity without having in place a conservation plan. ; and (D) in subsection (c) (as so redesignated), by striking the heading and inserting Authority of Secretary (2) Exemptions Section 1212 of the Food Security Act of 1985 ( 16 U.S.C. 3812 (A) in subsection (a)(3)— (i) in the first sentence, by striking highly erodible land cropland (ii) in the first and second sentences, by striking only be required to apply a conservation plan established under this subtitle. The person shall not be required to meet a higher conservation standard than the standard applied to other highly erodible be required to apply a conservation plan established under this subtitle consistent with the standard applied to other (B) in subsection (c)(1), by striking highly erodible land cropland (C) in subsection (f)(4)(A)— (i) in clause (i), by striking highly erodible (ii) in clause (ii)(II), by inserting and soil health erosion control (3) Conforming amendment Subtitle B of title XII of the Food Security Act of 1985 ( 16 U.S.C. 3811 et seq. Highly Erodible Land Cropland 307. National and regional agroforestry centers Section 1243 of the Food, Agriculture, Conservation, and Trade Act of 1990 ( 16 U.S.C. 1642 Public Law 101–624 (1) by striking the section heading and inserting National and regional agroforestry centers (2) by redesignating subsections (b), (c), and (d) as subsections (c), (d), and (f), respectively; (3) by striking subsection (a) and inserting the following: (a) Definition of agroforestry In this section, the term agroforestry (1) riparian forest buffers and managed waterbreaks; (2) alley cropping; (3) silvopasture; (4) forest farming and multistory cropping; and (5) windbreaks, shelterbelts, hedgerows, field borders, and living snow fences. (b) National and Regional Agroforestry Centers (1) In general Secretary (A) shall establish at the Forestry Sciences Laboratory of the Forest Service, in Lincoln, Nebraska, a National Agroforestry Research, Development, and Demonstration Center; and (B) acting through the Chief of the Forest Service and in cooperation with the Natural Resources Conservation Service, shall establish not fewer than 3 additional regional agroforestry centers at other locations, as determined by the Secretary. (2) National and Regional Directors The Secretary shall appoint a National Director and Regional Directors to manage and coordinate the program established under subsection (c). ; (4) in subsection (c) (as so redesignated)— (A) in the matter preceding paragraph (1)— (i) by striking Center Centers established under subparagraphs (A) and (B) of subsection (b)(1) (referred to in this section as the Centers (ii) by inserting and organizations nonprofit foundations (B) in paragraph (1)— (i) by striking on semiarid lands that that build soil health and (ii) by inserting , including agroforestry systems on semiarid land and other fragile agroecosystems in which restoration of permanent woody perennial plant communities will enhance carbon sequestration and reduce greenhouse gas emissions (C) in paragraph (3), by striking forestry products for commercial sale from semiarid land agroforestry products for commercial sale (D) in paragraph (4)— (i) by striking in semiarid regions (ii) by striking the Great Plains region particular regions (E) in paragraph (5), by inserting technical assistance and technology (F) by striking paragraph (6) and inserting the following: (6) develop improved silvopasture, alley cropping, forest farming, multistory cropping, riparian buffer, windbreak and shelterbelt, and other perennial production and conservation systems and technologies to improve soil health, carbon sequestration, drought preparedness, soil and water conservation, environmental quality, and biological diversity; ; (G) in paragraph (7), by striking on semiarid lands (H) in paragraph (8), by striking on semiarid lands worldwide worldwide, including on semiarid land (I) in paragraph (9)— (i) by striking on semiarid lands (ii) by inserting and climate change pollution (5) in subsection (d) (as so redesignated)— (A) in the matter preceding paragraph (1), by striking Center Centers (B) in paragraph (1), by striking and (C) in paragraph (2), by striking the period at the end and inserting ; and (D) by adding at the end the following: (3) facilitate agroforestry adoption by disseminating comprehensive information on Federal, State, local, and Tribal programs that provide support for agroforestry. ; (6) by inserting after subsection (d) (as so redesignated) the following: (e) Grants The Secretary may establish regional grant programs at each of the Centers to support agroforestry projects, including demonstration farms. ; and (7) in subsection (f) (as so redesignated), by inserting and $25,000,000 for each of fiscal years 2024 through 2028 through 2023 IV Farmland Preservation and Farm Viability 401. Local Agriculture Market Program Section 210A of the Agricultural Marketing Act of 1946 ( 7 U.S.C. 1627c (1) in subsection (a)(12)(A)— (A) by redesignating clauses (iv) and (v) as clauses (vi) and (vii), respectively; and (B) by inserting after clause (iii) the following: (iv) is produced and marketed in a manner that significantly improves soil health and carbon sequestration or significantly reduces greenhouse gas emissions; (v) when added to the crop or grazing rotation on a farm, will significantly improve soil health and carbon sequestration or significantly reduce greenhouse gas emissions; ; (2) in subsection (b)— (A) in paragraph (1)— (i) in subparagraph (B), by striking and (ii) in subparagraph (C), by striking the semicolon at the end and inserting , including value-added agricultural products from crops or animals that, when added into crop or grazing rotations on a farm, will significantly improve soil health and carbon sequestration or significantly reduce greenhouse gas emissions; and (iii) by adding at the end the following: (D) markets for agricultural commodities and products produced in a manner that significantly improve soil health and carbon sequestration or significantly reduce greenhouse gas emissions; ; (B) in paragraph (3)— (i) by striking and local , local (ii) by inserting , and production and marketing approaches to significantly improve soil health and carbon sequestration or significantly reduce greenhouse gas emissions (C) in paragraph (5), by striking and (D) by redesignating paragraph (6) as paragraph (7); and (E) by inserting after paragraph (5) the following: (6) enhances the economic viability of producers and related agricultural enterprises; and ; (3) in subsection (d)— (A) in paragraph (1)— (i) by striking subsection (i) subsection (j) (ii) by striking 2023 2028 (B) in paragraph (2)— (i) in subparagraph (C)— (I) in clause (i), by striking and (II) in clause (ii), by adding and (III) by adding at the end the following: (iii) agricultural commodities and products that are produced and marketed in a manner that— (I) significantly improves soil health and carbon sequestration or significantly reduces greenhouse gas emissions; or (II) when added to a crop or grazing rotation on a farm will significantly improve soil health and carbon sequestration or significantly reduce greenhouse gas emissions; ; and (ii) in subparagraph (F), by striking producers of local food products and value-added agricultural products in new and existing markets (i) local food products; (ii) value-added agricultural products in new and existing markets; and (iii) agricultural commodities and products that are produced in a manner that— (I) enhances soil health and carbon sequestration or significantly reduces greenhouse gas emissions; or (II) when added to a crop or grazing rotation on a farm, will significantly improve soil health and carbon sequestration or significantly reduce greenhouse gas emissions; ; and (C) in paragraph (5)(A), by inserting and the Chief of the Natural Resources Conservation Service (4) in subsection (e)(2)(A)— (A) by striking subsection (i) subsection (j) (B) by striking 2023 2028 (5) by redesignating subsections (f), (g), (h), and (i) as subsections (g), (h), (i), and (j), respectively; (6) by inserting after subsection (e) the following: (f) Farm viability and local climate resiliency centers (1) In general The Secretary, acting through the Administrator of the Agricultural Marketing Service and in coordination with the Administrator of the Rural Business-Cooperative Service and the Chief of the Natural Resources Conservation Service, shall provide grants to eligible entities described in paragraph (2) to serve as farm viability and local climate resiliency centers (referred to in this section as centers (A) efforts to enhance farm viability; and (B) the development, coordination, and expansion of markets for commodities and farm products that significantly improve soil health and carbon sequestration or significantly reduce greenhouse gas emissions. (2) Eligible entities An entity is eligible to receive a grant under this subsection if the entity is— (A) an agricultural cooperative or other agricultural business entity or a producer network or association; (B) a local, State, or Tribal government; (C) a nonprofit corporation; (D) a public benefit corporation; (E) an economic development corporation; (F) an institution of higher education; or (G) such other entity as the Secretary may designate. (3) Use of funds An eligible entity receiving a grant under this subsection shall use grant funds to provide to entities described in subsection (d)(5)(B)— (A) assistance for the development of business plans and feasibility studies; (B) assistance in developing marketing strategies for— (i) local products; and (ii) value-added agricultural products in new and existing markets; (C) assistance in enterprise development for the processing, aggregation, distribution, and storage of— (i) local and regional food products that are marketed locally or regionally; and (ii) value-added agricultural products; (D) assistance relating to finances and recordkeeping; (E) assistance relating to enterprise and business management; (F) assistance relating to ownership succession planning; (G) outreach and assistance in the adoption of farming practices that enhance soil health and carbon sequestration or significantly reduce greenhouse gas emissions; (H) outreach regarding assistance available under subsection (d); (I) outreach regarding assistance available through other programs administered by any other Federal agency that supports the adoption of farming practices that enhance soil health and carbon sequestration or significantly reduce greenhouse gas emissions; or (J) at the request of the entity described in subsection (d)(5)(B), assistance in applying for a grant under subsection (d), including acting on behalf of the entity in applying for the grant. (4) Geographic diversity To the maximum extent practicable, the Secretary shall ensure geographic diversity in selecting eligible entities to receive a grant under this subsection. (5) Non-Federal share An entity receiving a grant under this subsection shall provide funding in an amount equal to not less than 25 percent of the total amount of the Federal portion of the grant. (6) Applications (A) In general To be eligible to receive a grant under this subsection, an eligible entity shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary considers necessary to evaluate and select applications. (B) Competitive process The Secretary— (i) shall conduct a competitive process to select applications submitted under subparagraph (A); (ii) may assess and rank applications with similar proposals as a group; and (iii) shall, prior to accepting applications under that subparagraph, make public the criteria to be used in evaluating the applications. (7) Priority The Secretary may give priority to applications submitted under paragraph (6)(A) that include— (A) plans to use funds for 3 or more of purposes described in paragraph (3); or (B) activities relating to improving the use and expanded adoption of farming practices that enhance soil health and carbon sequestration or significantly reduce greenhouse gas emissions while simultaneously improving farm viability. (8) Administrative expenses An entity receiving a grant under this subsection may use not more than 4 percent of the funds received through the grant for administrative expenses. ; (7) in subsection (i)(1) (as so redesignated), in the matter preceding subparagraph (A), by striking subsection (i)(3)(E) subsection (j)(3)(E) (8) in subsection (j) (as so redesignated)— (A) in paragraph (1), by striking fiscal year 2019 each of fiscal years 2019 through 2023 and $150,000,000 for fiscal year 2024 (B) in paragraph (3)— (i) in subparagraph (A)(i), by striking 35 36 (ii) by striking subparagraph (B) and inserting the following: (B) Farmers' market and local food promotion grants (i) In general Of the funds made available to carry out this section for a fiscal year, 36 percent shall be used for grants under subsection (d)(6). (ii) Allocation among subprograms Of the funds made available for grants under subsection (d)(6) for a fiscal year— (I) 40 percent shall be made available for farmers' market promotion grants; and (II) 60 percent shall be made available for local food promotion grants. ; (C) by redesignating subparagraphs (D) and (E) as subparagraphs (E) and (F), respectively; (D) by inserting after subparagraph (C) the following: (D) Farm viability and local climate resiliency Of the funds made available to carry out this section for a fiscal year, 10 percent shall be used to provide grants under subsection (f). ; and (E) in subparagraph (E) (as so redesignated), in the matter preceding clause (i), by striking or (C) (C), or (D) 402. National organic certification cost-share program (a) Federal share Section 10606(b)(2) of the Farm Security and Rural Investment Act of 2002 ( 7 U.S.C. 6523(b)(2) $750 $1,500 (b) Mandatory funding Section 10606(d)(1) of the Farm Security and Rural Investment Act of 2002 ( 7 U.S.C. 6523(d)(1) shall make available shall use such sums as are necessary to carry out this section. 403. Farmland Protection Policy Act (a) Findings, Purpose, and Definitions Section 1540 of the Agriculture and Food Act of 1981 ( 7 U.S.C. 4201 (1) in subsection (a)— (A) by redesignating paragraphs (4) through (7) as paragraphs (5) through (8), respectively; and (B) by inserting after paragraph (3) the following: (4) the Nation’s farmland is a vital source of environmental services, such as carbon sequestration; ; (2) in subsection (b), by inserting Tribal, State, (3) in subsection (c)— (A) by redesignating paragraphs (1), (2), (3), and (5) as paragraphs (2), (7), (8), and (6), respectively, and moving the paragraphs so as to appear in numerical order; (B) by inserting before paragraph (2) (as so redesignated) the following: (1) the term conversion (A) the physical conversion of farmland to a nonagricultural use; (B) the effective conversion of farmland as a consequence of physical conversion of adjacent farmland, which threatens the continued viability of the land for agricultural use; or (C) a change in management of federally owned land historically used for agriculture to a nonagricultural use; ; (C) in paragraph (2) (as so redesignated)— (i) in subparagraph (B), by striking that is used for that is suitable for (ii) in subparagraph (C), by inserting and is suitable local importance (D) by inserting after paragraph (2) (as so redesignated) the following: (3) the term farmland of national significance ; (E) in paragraph (4), in the second sentence, by striking and (F) by inserting after paragraph (4) the following: (5) the term permanently protected farmland (A) held by the Federal Government, a State, Tribal, or local unit of government, or a land conservation organization; and (B) that is perpetual or the maximum number of years allowed by State law; ; (G) in paragraph (6) (as so redesignated), by striking the period at the end and inserting a semicolon; (H) in paragraph (7) (as so redesignated), by adding and (I) in paragraph (8) (as so redesignated), by striking the semicolon at the end and inserting a period. (b) Farmland protection policy Section 1541 of the Agriculture and Food Act of 1981 ( 7 U.S.C. 4202 1541. Farmland protection policy (a) In general It is the policy of the United States that Federal programs— (1) shall minimize the conversion of farmland to nonagricultural uses; and (2) subject to subsection (d), shall not convert to nonagricultural uses farmland— (A) that is permanently protected farmland; (B) that has been defined and delineated by the Secretary under subsection (b)(1) as farmland of national significance; or (C) that has been defined and delineated by a State as significant to the State or a priority for inclusion in a State farmland protection program and for which the State has submitted a definition and delineation under subsection (b)(2). (b) Definition and delineation of land (1) National significance (A) In general The Secretary shall define and delineate farmland of national significance. (B) Experts The Secretary shall convene a group of experts, including agronomists and soil scientists, to assist the Secretary in carrying out subparagraph (A). (2) State significance Any State wishing to have farmland recognized under subsection (a)(2)(C) shall provide to the Secretary a definition and delineation of the farmland. (c) Process and criteria (1) Process and criteria The Secretary shall develop a process, including criteria— (A) to determine the potential conversion of farmland as a consequence of any action or activity conducted through a Federal program; (B) (i) to minimize the conversion of farmland to nonagricultural uses; or (ii) in the case of farmland identified under subsection (a)(2), to avoid conversion of the farmland to nonagricultural uses; (C) to provide to the Secretary notice regarding actions described in subparagraphs (A) and (B); and (D) that the Secretary shall use to make determinations under subsection (d). (2) Use required Each department, agency, independent commission, and other unit of the Federal Government shall use the process and criteria developed under paragraph (1) in carrying out a Federal program. (d) Exemption (1) In general Subsection (a)(2) shall not apply if the Secretary determines, based on the process and criteria developed under subsection (c)(1), that converting farmland to nonagricultural uses cannot be avoided. (2) Minimization of conversion In a case in which the Secretary makes a determination under paragraph (1), the Federal program shall minimize the conversion of farmland described in subsection (a)(2) to the maximum extent practicable. (e) Information The Secretary may make available to States, units of local government, individuals, organizations, and other units of the Federal Government information— (1) useful in restoring, maintaining, and improving the quantity and quality of farmland; and (2) concerning the location of permanently protected farmland. (f) Assistance The Secretary shall provide assistance to departments, agencies, independent commissions, and other units of the Federal Government, on request, in using the process and criteria developed under subsection (c)(1). . 404. Agricultural conservation easement program Section 1265B of the Food Security Act of 1985 ( 16 U.S.C. 3865b (1) in subsection (b)— (A) in paragraph (4)(C)(iv), by striking only (B) by adding at the end the following: (6) Condition of assistance (A) In general As a condition of receiving cost-share assistance under this section, the owner of eligible land shall agree to have in place a conservation plan that addresses applicable resource concerns for the land subject to the easement, including soil health and greenhouse gas emissions reduction, not later than 3 years after the date on which the easement is granted. (B) Bureau of Indian Affairs Subparagraph (A) may be satisfied by having in place a conservation plan developed or recognized by the Bureau of Indian Affairs. ; and (2) by striking subsection (d) and inserting the following: (d) Technical Assistance The Secretary may provide technical assistance, if requested, to assist in— (1) compliance with the terms and conditions of an easement; and (2) development and implementation of a conservation plan required under subsection (b)(6), including, as applicable— (A) a conservation plan for highly erodible land required under subsection (b)(4)(C)(iv); and (B) a comprehensive conservation plan developed pursuant to subsection (e)(1). (e) Financial assistance (1) In general (A) Enrollment in CSP At the sole option of the owner of the eligible land subject to an easement, the Secretary shall provide for the automatic enrollment of the eligible land subject to the easement in the conservation stewardship program established by subchapter B of chapter 4 of subtitle D, including financial assistance for the development of a comprehensive conservation plan under section 1240L(e), if the person or entity farming the eligible land is otherwise eligible for the conservation stewardship program, as determined by the Secretary. (B) Determination of compliance In the case of eligible land enrolled in the conservation stewardship program pursuant to subparagraph (A), the Secretary shall have the sole responsibility of determining compliance with the terms of the conservation stewardship program contract. (C) Funding Funding received by an eligible entity pursuant to this paragraph shall not be considered in the calculation of costs under subsection (b). (2) Timing The owner of the eligible land subject to an easement may exercise the option under paragraph (1)(A) during the 3-year period beginning on the date on which the easement is granted. . V Pasture-Based Livestock 501. Animal raising claims The Agricultural Marketing Act of 1946 ( 7 U.S.C. 1621 et seq. H Animal Raising Claims 298A. Definitions In this subtitle: (1) Animal raising claim The term animal raising claim (A) the manner in which the source animal for the meat food product or poultry product was raised, including— (i) production practices that were used, such as living or raising conditions; and (ii) the location or source where the source animal was born, raised, and processed; or (B) the breed of the source animal. (2) Meat food product The term meat food product 21 U.S.C. 601 (3) Poultry product The term poultry product 21 U.S.C. 453 (4) Secretary The term Secretary 298B. Required verification process for animal raising claims (a) Purpose The purpose of this section is to facilitate marketing, truth in labeling, and new economic opportunities for producers and businesses using animal raising claims. (b) Standards and procedures (1) In general Not later than 2 years after the date of enactment of this subtitle, after providing notice and an opportunity to comment, and in a manner consistent with United States obligations under international agreements, t (A) mandatory standards with respect to animal raising claims, including the standards described in paragraph (2); (B) procedures— (i) to verify an animal raising claim prior to the use in commerce of any meat food product or poultry product bearing that claim; and (ii) that are incorporated seamlessly with the labeling requirements under the Federal Meat Inspection Act ( 21 U.S.C. 601 et seq. 21 U.S.C. 451 et seq. (C) on-farm and supply chain auditing and verification procedures to ensure the truthfulness of animal raising claims. (2) Standards In developing and approving animal raising claim standards under paragraph (1)(A), the Secretary shall include standards relating to— (A) diet claims, including claims that the source animal was grass fed, vegetarian fed, or fed no animal byproducts; (B) living and raising condition claims, including claims that the source animal was cage free, free range, or pasture raised; (C) antibiotic and hormone claims, including claims that the source animal was raised without antibiotics, had no hormones added, or was raised without growth promotants; (D) source claims that the source animal can be traced back to its farm of origin from birth to slaughter; (E) age claims; (F) animal welfare claims; (G) environmental stewardship claims, including greenhouse gas reduction and carbon sequestration claims; (H) breed claims; and (I) any other claim that the Secretary determines appropriate. (3) Consistency with other laws The Secretary shall ensure consistency between the animal raising claim standards established under this subsection and the Organic Foods Production Act of 1990 ( 7 U.S.C. 6501 et seq. (c) Third-Party certification A producer of a meat food product or a poultry product may use an animal raising claim that is verified by a third party if— (1) the claim is consistent with standards established by the Secretary under subsection (b); and (2) the procedures used by the third party to verify the claim, and for any subsequent auditing, are equivalent to the verification and auditing procedures established under subsection (b)(1)(C), as determined by the Secretary. (d) Approval process To the maximum extent practicable, the Secretary shall require that a producer seeking to make an animal raising claim shall submit to the Secretary, prior to using the label on the meat food product or poultry product that is the subject of the animal raising claim, the following documentation to support the animal raising claim: (1) A detailed written description explaining the controls used for ensuring that the animal raising claim is valid, as applicable— (A) from birth to harvest; or (B) for the period of raising referenced in the animal raising claim. (2) A signed and dated document describing the manner in which the source animals were raised. (3) A written description of the product tracing and segregation mechanism used with respect to the applicable meat food product or poultry product from the time of slaughter of the source animal or further processing through the packaging and distribution of the meat food product or poultry product. (4) A written description of the identification, control, and segregation of nonconforming animals or products. (5) In the case of a meat food product or poultry product certified by a third party, a current copy of the third-party certificate. (e) Compliance requirements Beginning on the date that is 3 years after the date of enactment of this subtitle— (1) a person may sell or label a domestic meat food product or poultry product with an animal raising claim only if the animal raising claim and the meat food product or poultry product is in compliance with the standards established under subsection (b); and (2) an imported meat food product or poultry product may be sold or labeled with an animal raising claim if, as determined by the Secretary, the animal raising claim and the meat food product or poultry product is in compliance with a verification program that provides safeguards and guidelines that are at least equivalent to the standards established under subsection (b). (f) Violations (1) Misuse of label Any person who, after notice and an opportunity to be heard, is found by the Secretary to have knowingly sold or labeled any meat food product or poultry product with an animal raising claim in violation of this subtitle, including the standards and procedures established under subsection (b), shall be assessed a civil penalty of not more than $10,000. (2) False statement Any person who, after notice and an opportunity to be heard, is found by the Secretary to have made to the Secretary, a Federal or State official, or a third-party certifier a false, fraudulent, or fictitious statement, or to have concealed to, hidden from, falsified to, or deceived the Secretary, official, or certifier regarding a material fact, with respect to an animal raising claim subject to the requirements of this subtitle, shall be subject to a penalty described in section 1001 of title 18, United States Code. (g) Effect on other laws Nothing in this section alters the authority of the Secretary under the Federal Meat Inspection Act ( 21 U.S.C. 601 et seq. 21 U.S.C. 451 et seq. 298C. Applicability This subtitle shall only apply to meat food products and poultry products that are subject to labeling requirements under the Federal Meat Inspection Act ( 21 U.S.C. 601 et seq. 21 U.S.C. 451 et seq. 298D. Authorization of appropriations There are authorized to be appropriated to the Secretary such sums as are necessary to carry out this subtitle. . 502. Processing resilience grant program Subtitle A of the Agricultural Marketing Act of 1946 ( 7 U.S.C. 1621 et seq. 210B. Processing resilience grant program (a) Definitions In this section: (1) Business enterprise owned and controlled by socially and economically disadvantaged individuals The term business enterprise owned and controlled by socially and economically disadvantaged individuals 12 U.S.C. 5701 (2) Eligible entity The term eligible entity (A) a smaller establishment or very small establishment (as those terms are defined in the final rule entitled ‘Pathogen Reduction; Hazard Analysis and Critical Control Point (HACCP) Systems’ (61 Fed. Reg. 33806 (July 25, 1996))); (B) a slaughtering or processing establishment subject to— (i) a State meat inspection program pursuant to section 301 of the Federal Meat Inspection Act ( 21 U.S.C. 661 (ii) a State poultry product inspection program pursuant to section 5 of the Poultry Products Inspection Act ( 21 U.S.C. 454 (C) a person engaging in custom operations that is exempt from inspection under— (i) section 23 of the Federal Meat Inspection Act ( 21 U.S.C. 623 (ii) section 15 of the Poultry Products Inspection Act ( 21 U.S.C. 464 (D) a person seeking— (i) to establish and operate an establishment described in subparagraph (A) or (B); or (ii) to engage in custom operations described in subparagraph (C). (3) Secretary The term Secretary (b) Grants (1) In general Not later than 60 days after the date of enactment of this section, the Secretary shall award competitive grants to eligible entities for activities to increase resiliency and diversification of the meat processing system, including activities that— (A) support the health and safety of meat and poultry plant employees, suppliers, and customers; (B) support increased processing capacity; and (C) otherwise support the resilience of the small meat and poultry processing sector. (2) Maximum amount The maximum amount of a grant awarded under this section shall not exceed $500,000. (3) Duration The term of a grant awarded under this section shall not exceed 3 years. (c) Applications (1) In general An eligible entity 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 require. (2) Applications for small grants The Secretary shall establish a separate, simplified application process for eligible entities applying for a grant under this section of not more than $100,000. (3) Requirements The Secretary shall ensure that any application for a grant under this section is— (A) simple and practicable; (B) accessible online; and (C) available through local staff of the Department of Agriculture. (4) Notice Not later than 14 days before the date on which the Secretary begins to accept applications under paragraph (1), the Secretary shall publish a notice of funding opportunity with respect to the grants available under this section. (5) Reapplication If an application of an eligible entity under this subsection is denied by the Secretary, the eligible entity may submit a revised application. (6) Priority In reviewing applications submitted under this subsection, the Secretary shall give priority to proposals that will— (A) increase farmer and rancher access to animal slaughter options within a 200-mile radius of the location of the farmer or rancher; (B) support an eligible entity described in subsection (a)(2)(A); or (C) support an eligible entity that is a business enterprise owned and controlled by socially and economically disadvantaged individuals. (d) Use of grant An eligible entity that receives a grant under this section shall use the grant funds to carry out activities in support of the purposes described in subsection (b)(1), including through— (1) the development and issuance of a Hazard Analysis and Critical Control Points plan for the eligible entity, which may be developed by a consultant; (2) the purchase or establishment, as applicable, of facilities, equipment, processes, and operations necessary for the eligible entity to comply with applicable requirements under the Federal Meat Inspection Act ( 21 U.S.C. 601 et seq. 21 U.S.C. 451 et seq. (3) the purchase of cold storage, equipment, or transportation services; (4) the purchase of temperature screening supplies, testing for communicable diseases, disinfectant, sanitation systems, hand washing stations, and other sanitizing supplies; (5) the purchase and decontamination of personal protective equipment; (6) the construction or purchase of humane handling infrastructure, including holding space for livestock prior to slaughter, shade structures, and knock box structures; (7) (A) the purchase of software and computer equipment for record keeping, production data, Hazard Analysis and Critical Control Points record review, and facilitation of marketing and sales of products in a manner consistent with the social distancing guidelines of the Centers for Disease Control and Prevention; and (B) the provision of guidelines and training relating to that software and computer equipment; (8) the provision of staff time and training for implementing and monitoring health and safety procedures; (9) the development of a feasibility study or business plan for, or the carrying out of any other activity associated with, establishing or expanding a small meat or poultry processing facility; (10) the purchase of equipment that enables the further use or value-added sale of coproducts or byproducts, such as organs, hides, and other relevant products; and (11) other activities associated with expanding or establishing an eligible entity described in subsection (a)(2)(A), as determined by the Secretary. (e) Outreach During the period beginning on the date on which the Secretary publishes the notice under subsection (c)(4) and ending on the date on which the Secretary begins to accept applications under subsection (c)(1), the Secretary shall perform outreach to States and eligible entities relating to grants under this section. (f) Federal share (1) In general Subject to paragraph (2), the Federal share of the activities carried out using a grant awarded under this section shall not exceed— (A) 90 percent in the case of a grant in the amount of $100,000 or less; or (B) 75 percent in the case of a grant in an amount greater than $100,000. (2) Fiscal years 2023 and 2024 An eligible entity awarded a grant under this section during fiscal year 2023 or 2024 shall not be required to provide non-Federal matching funds with respect to the grant. (g) Administration The promulgation of regulations under, and administration of, this section shall be made without regard to— (1) the notice and comment provisions of section 553 of title 5, United States Code; and (2) chapter 35 Paperwork Reduction Act (h) Authorization of appropriations There is authorized to be appropriated to the Secretary of Agriculture to carry out this section $20,000,000 for each of fiscal years 2023 through 2028. . 503. Conservation of private grazing land (a) Purpose Section 1240M(a) of the Food Security Act of 1985 ( 16 U.S.C. 3839bb(a) (1) in paragraph (6), by inserting conserving water and improving (2) in paragraph (7), by striking and (3) in paragraph (8), by striking the period at the end and inserting a semicolon; and (4) by adding at the end the following: (9) conserving and improving soil health and improving grazing system resilience in the face of climate change through advanced grazing management practices; and (10) providing support for producers transitioning from confinement and feedlot systems or continuous grazing to managed grazing-based systems, including support for pasture development and management. . (b) Definitions Section 1240M(b)(2) of the Food Security Act of 1985 ( 16 U.S.C. 3839bb(b)(2) hay land perennial hay land, including silvopasture (c) Private grazing land conservation assistance Section 1240M(c) of the Food Security Act of 1985 ( 16 U.S.C. 3839bb(c) (1) in paragraph (1)— (A) in the matter preceding subparagraph (A), by inserting and partnerships described in paragraph (2)(B) local conservation districts (B) by striking subparagraph (B) and inserting the following: (B) planning and implementing regionally appropriate, advanced grazing land management technologies to improve soil health and maximize carbon sequestration; ; (C) in subparagraph (C)(iv), by inserting through integrated strategies that include rotational and multispecies grazing, integrated pest management, and other ecological practices brush encroachment problems (D) in subparagraph (H), by striking and (E) in subparagraph (I), by striking the period at the end and inserting ; and (F) by adding at the end the following: (J) assisting producers in transitioning from confinement or feedlot systems or continuous grazing to managed grazing-based systems, including assistance in pasture development and management. ; and (2) by striking paragraph (2) and inserting the following: (2) Program elements (A) Technical assistance and education Personnel of the Department trained in pasture and range management shall be made available under the program to deliver and coordinate technical assistance and education to owners and managers of private grazing land, including owners and managers interested in developing new or improved pasture or grazing-based systems on the land of the owners and managers, at the request of the owners and managers. (B) Partnerships In carrying out the program under this section, the Secretary shall provide research, demonstration, education (including conferences, workshops, field days, and trainings), workforce training, planning, and outreach activities through partnerships with— (i) land-grant colleges and universities (as defined in section 1404 of the National Agricultural Research, Extension, and Teaching Policy Act of 1977 ( 7 U.S.C. 3103 (ii) nongovernmental organizations; and (iii) Tribal organizations. (C) Cooperative agreements (i) In general In carrying out the program under this section, the Secretary shall provide funds on a competitive basis for cooperative agreements to regional, State, or local partnerships to use to conduct grazing land research, demonstration, education, workforce training, planning, and outreach projects. (ii) Duration Grants made by partnerships under this subparagraph shall be for a period not to exceed 3 years. (iii) Limitation on indirect costs A partnership that receives funding under this subparagraph may not use more than 15 percent of the total cost of the project for the indirect costs of carrying out the project. (iv) Priority A partnership that receives funding under this subparagraph shall give priority to projects that— (I) focus on sustainable grazing management systems and techniques that assist producers with multiple ecosystem services, including climate change adaptation and mitigation; and (II) involve beginning farmers and ranchers, socially disadvantaged farmers and ranchers, Tribal producers, or new graziers (including State or federally registered apprenticeships). . (d) Grazing technical assistance training Section 1240M of the Food Security Act of 1985 ( 16 U.S.C. 3839bb (d) Grazing technical assistance training In carrying out the program under this section, the Secretary shall provide funds to establish training programs to foster a new generation of technical assistance providers to support advanced grazing management. . (e) Funding Section 1240M of the Food Security Act of 1985 ( 16 U.S.C. 3839bb (e) Funding (1) Mandatory funding Of the funds of the Commodity Credit Corporation, the Secretary shall use to carry out this section $50,000,000 for each of fiscal years 2024 through 2028. (2) Authorization of appropriations There is authorized to be appropriated to carry out this section $60,000,000 for each of fiscal years 2024 through 2028. (3) Cooperative agreements Of the funds made available under paragraphs (1) and (2), the Secretary shall use not less than 80 percent to carry out subsection (c)(2)(C). (4) Technical assistance training Of the funds made available under paragraphs (1) and (2), the Secretary shall use not more than 10 percent to carry out subsection (d). . 504. Conservation reserve program (a) Conservation reserve Section 1231 of the Food Security Act of 1985 ( 16 U.S.C. 3831 (1) in subsection (a), by striking 2023 2028 (2) in subsection (d)— (A) in paragraph (1), by striking subparagraphs (A) through (E) and inserting the following: (A) fiscal year 2024, not more than 28,000,000 acres; (B) fiscal year 2025, not more than 29,000,000 acres; (C) fiscal year 2026, not more than 30,000,000 acres; (D) fiscal year 2027, not more than 31,000,000 acres; and (E) fiscal year 2028, not more than 32,000,000 acres. ; and (B) in paragraph (2)(A)— (i) in clause (i), by striking and (ii) in clause (ii)(III), by striking the period at the end and inserting ; and (iii) by adding at the end the following: (iii) the Secretary shall enroll and maintain in the conservation reserve not fewer than 7,000,000 acres of land described in subsection (b)(3) by September 30, 2028, of which not fewer than 5,000,000 acres shall be reserved for the pilot program established under section 1231C(c). . (b) Pilot programs Section 1231C of the Food Security Act of 1985 ( 16 U.S.C. 3831c (c) Grassland 30 (1) In general (A) Enrollment The Secretary shall establish a pilot program to enroll land in the conservation reserve program through a 30-year conservation reserve contract (referred to in this subsection as a Grassland 30 contract (B) Inclusion of acreage limitation For purposes of applying the limitations in section 1231(d)(1), the Secretary shall include acres of land enrolled under this subsection. (2) Eligible land Eligible land for enrollment through a Grassland 30 contract— (A) is land that is eligible to be enrolled in the conservation reserve program under the grasslands initiative described in section 1231(d)(2); and (B) shall not be limited to land that is subject to a covered contract (as defined in paragraph (3)(A)). (3) Conservation contract election (A) Definition of covered contract In this paragraph, the term covered contract (i) expires on or after the date of enactment of this subsection; and (ii) covers land enrolled in the conservation reserve program under the grasslands initiative described in section 1231(d)(2). (B) Expiring contracts On the expiration of a covered contract, an owner or operator party to the covered contract shall elect— (i) not to reenroll the land under the contract; (ii) to offer to reenroll the land under the contract if the land remains eligible under the terms in effect as of the date of expiration; or (iii) not to reenroll the land under the contract and to enroll that land through a Grassland 30 contract under this subsection. (C) Unexpired contracts Prior to the expiration of a covered contract, an owner or operator party to the covered contract may elect to terminate the contract and to enroll that land through a Grassland 30 contract under this subsection. (4) Term The term of a Grassland 30 contract shall be 30 years. (5) Agreements To be eligible to enroll land in the conservation reserve program through a Grassland 30 contract, the owner of the land shall enter into an agreement with the Secretary— (A) to implement a conservation reserve plan developed for the land; (B) to comply with the terms and conditions of the contract and any related agreements; and (C) to temporarily suspend the base history for the land covered by the contract. (6) Terms and conditions of Grassland 30 contracts (A) In general A Grassland 30 contract— (i) shall include terms and conditions that promote sustainable grazing systems, protect and enhance soil carbon levels, and are compatible with wildlife habitat conservation, as determined by the Secretary; and (ii) may include any additional provision that the Secretary determines is appropriate to carry out this subsection or facilitate the practical administration of this subsection. (B) Violation On the violation of a term or condition of a Grassland 30 contract, the Secretary may require the owner to refund all or part of any payments received by the owner under the conservation reserve program, with interest on the payments, as determined appropriate by the Secretary. (C) Compatible uses Land subject to a Grassland 30 contract may be used for compatible economic uses, including hunting and fishing, if the use— (i) is specifically permitted by the conservation reserve plan developed for the land; and (ii) is consistent with the long-term protection and enhancement of the conservation resources for which the contract was established. (7) Compensation (A) Amount of payments The Secretary shall provide payment under this subsection to an owner of land enrolled through a Grassland 30 contract using 30 annual payments in an amount equal to the amount that would be used if the land were to be enrolled in the conservation reserve program under section 1231(d)(2). (B) Form of payment Compensation for a Grassland 30 contract shall be provided by the Secretary in the form of a cash payment in an amount determined under subparagraph (A). (C) Timing The Secretary shall provide any annual payment obligation under subparagraph (A) as early as practicable in each fiscal year. (D) Payments to others The Secretary shall make a payment, in accordance with regulations prescribed by the Secretary, in a manner as the Secretary determines is fair and reasonable under the circumstances, if an owner who is entitled to a payment under this section— (i) dies; (ii) becomes incompetent; (iii) is succeeded by another person or entity who renders or completes the required performance; or (iv) is otherwise unable to receive the payment. (8) Technical assistance (A) In general The Secretary shall assist owners in complying with the terms and conditions of a Grassland 30 contract. (B) Contracts or agreements The Secretary may enter into 1 or more contracts with private entities or agreements with a State, nongovernmental organization, or Indian Tribe to carry out necessary maintenance of a Grassland 30 contract if the Secretary determines that the contract or agreement will advance the purposes of the conservation reserve program. (9) Administration (A) Conservation reserve plan The Secretary shall develop a conservation reserve plan for any land subject to a Grassland 30 contract, which shall include practices and activities necessary to maintain, protect, and enhance the conservation value of the enrolled land, including the protection and enhancement of soil carbon levels. (B) Delegation of contract administration (i) Federal, State, Tribal, or local government agencies The Secretary may delegate any of the management, monitoring, and enforcement responsibilities of the Secretary under this subsection to other Federal, State, Tribal, or local government agencies that have the appropriate authority, expertise, and resources necessary to carry out those delegated responsibilities. (ii) Conservation organizations The Secretary may delegate any management responsibilities of the Secretary under this subsection to conservation organizations if the Secretary determines the conservation organization has similar expertise and resources. . 505. Alternative manure management program Chapter 5 of subtitle D of title XII of the Food Security Act of 1985 ( 16 U.S.C. 3839bb et seq. 1240T. Alternative manure management program (a) Definitions In this section: (1) Alternative manure management program The term alternative manure management program (2) Covered management measure The term covered management measure (3) Eligible producer The term eligible producer (4) Pasture-based management The term pasture-based management (A) that eliminates or reduces the quantity of manure stored in anaerobic conditions; and (B) in which the animals spend all or a substantial portion of their time grazing on fields in which some or all of the manure is deposited and left in the field and decomposes aerobically. (5) Solid separation system The term solid separation system (b) Establishment The Secretary shall establish an alternative manure management program to award contracts to eligible producers to support carbon sequestration and greenhouse gas emissions reductions by implementing covered management measures. (c) Submission of contract offers To be eligible to participate in the alternative manure management program, an eligible producer shall submit to the Secretary a contract offer that details any management measure to be used on the operation of the eligible producer. (d) Cluster contract offers The Secretary shall establish procedures under which— (1) groups of eligible producers may submit a joint contract offer for a shared composting facility; and (2) the Secretary shall allocate payments to each eligible producer associated with a joint contract described in paragraph (1). (e) Duties of the Secretary (1) Evaluation criteria The Secretary shall develop criteria for evaluating applications that will maximize— (A) carbon sequestration; (B) greenhouse gas emissions reductions; and (C) the overall environmental and public health benefits. (2) Priority In awarding contracts under this section, the Secretary, using criteria developed under paragraph (1), shall give priority to contract offers that address air quality, water quality, or other public health concerns associated with dairy and livestock operations located near low-income or underserved communities. (3) Grouping of applications The Secretary may group and evaluate contract offers relative to other contract offers for similar farming operations. (4) Geographical diversity In awarding contracts under this section, the Secretary shall ensure geographical diversity. (f) Contract provisions (1) Term A contract awarded under this section shall have a term that does not exceed 3 years. (2) Covered management measures Each eligible producer requesting funding for a project under the alternative manure management program shall implement at least 1 of the following management measures: (A) With respect to pasture-based management— (i) adopting pasture-based management; (ii) converting a non-pasture dairy or livestock operation to pasture-based management; (iii) increasing the amount of time livestock spend at pasture at an existing pasture operation; or (iv) improving pasture-based management, including transitioning to management-intensive rotational grazing (as defined in section 1240L(d)(1)). (B) Adopting alternative manure treatment and storage practices, including— (i) the installation of a compost-bedded pack barn that composts manure; (ii) the installation of slatted floor pit storage manure collection that is cleaned out at least once a month; or (iii) other similar practices, as determined by the Secretary. (C) (i) Adopting a solid separation system, installing a new solid separation system that has a significantly higher separation efficiency than any existing solid separation system, or developing or retrofitting a manure management system that primarily avoids wet handling infrastructure; and (ii) in conjunction with 1 or more of the following management measures: (I) Open solar drying or composting of manure onsite. (II) Solar drying in an enclosed environment. (III) Forced evaporation with natural-gas fueled dryers. (IV) Storage of manure in unconfined piles or stacks. (V) Composting in an enclosed vessel, with forced aeration and continuous mixing. (VI) Composting in piles with forced aeration without mixing. (VII) Composting in intensive windrows with regular turning for mixing and aeration. (VIII) Composting in passive windrows with infrequent turning for mixing and aeration. (IX) Vermiculture or vermifiltration. (X) Other similar activities, as determined by the Secretary. (D) Adopting scrape technologies, in conjunction with 1 of the management measures described in subclauses (I) through (X) of subparagraph (C)(ii). (3) Duties of eligible producers under contract To receive payments under the alternative manure management program, an eligible producer shall— (A) implement 1 or more management measures; (B) supply information as required by the Secretary to determine compliance with the requirements of the alternative manure management program; and (C) comply with such additional provisions as the Secretary determines are necessary to carry out the alternative manure management program. (g) Payments to eligible producers (1) In general During each of fiscal years 2024 through 2028, the Secretary shall provide payments to eligible producers that enter into contracts with the Secretary under the alternative manure management program. (2) Availability of payments Payments provided to an eligible producer under this section may be used to implement 1 or more covered management measures. (3) Payment amounts The Secretary may provide a payment to an eligible producer under the alternative manure management program for an amount that is up to 100 percent of the costs associated with planning, design, materials, equipment, installation, labor, management, maintenance, and training relating to implementing a covered management measure. (4) Limitation on payments A person or legal entity (including a joint venture and a general partnership) may not receive, directly or indirectly, payments under the program that exceed $825,000 during any 5-year period. (5) Advanced payments The Secretary shall provide not less than 50 percent of the amount of total payments to an eligible producer in advance for all costs relating to— (A) purchasing or contracting materials and equipment; or (B) any technical assistance provided by the Secretary. (h) Modification or termination of contracts (1) Voluntary modification or termination The Secretary may modify or terminate a contract entered into with an eligible producer under the alternative manure management program if— (A) the producer agrees to the modification or termination; and (B) the Secretary determines that the modification or termination is in the public interest. (2) Involuntary termination The Secretary may terminate a contract under the alternative manure management program if the Secretary determines that the eligible producer violated the contract. (i) Duties of the Secretary The Secretary shall— (1) determine and publish factors for estimating the carbon sequestration and greenhouse gas emissions reductions for each covered management measure described in subclauses (I) through (X) of subsection (f)(2)(C)(ii); (2) assist an eligible producer in achieving the carbon sequestration, greenhouse gas emissions reduction, and other environmental and public health goals of the alternative manure management program plan by— (A) providing payments for developing and implementing 1 or more covered management measures, as appropriate; and (B) providing that eligible producer with information, technical assistance, and training to aid in implementation of the covered management measures; and (3) review the adequacy of existing conservation practice standards for supporting the covered management measures and, if necessary— (A) revise existing conservation practice standards; and (B) develop new conservation practice standards. (j) Technical assistance In providing technical assistance under the alternative manure management program, the Secretary shall apply sections 1241(c) and 1242, except that the Secretary shall— (1) apportion not more than 15 percent of the total funding available for the alternative manure management program for the provision of technical assistance; and (2) enter into cooperative agreements with third-party providers with relevant expertise in the covered management measures to ensure adequate technical services are available to alternative manure management program applicants. (k) Funding (1) In general The Secretary shall use the funds, facilities, and authorities of the Commodity Credit Corporation to carry out the alternative manure management program (including the provision of technical assistance described in subsection (j)) using $1,500,000,000 for the period of fiscal years 2024 through 2028. (2) Reservations of funds The Secretary shall, to the maximum extent practicable, use a majority of the funds made available by paragraph (1) for contract offers from small and mid-sized dairy and livestock operations, including— (A) beginning farmers or ranchers; (B) limited resource farmers and ranchers; and (C) socially disadvantaged farmers and ranchers. . VI On-farm renewable energy 601. Rural Energy For America Program Section 9007 of the Farm Security and Rural Investment Act of 2002 ( 7 U.S.C. 8107 (1) in subsection (a)— (A) in the matter preceding paragraph (1), by striking and renewable energy development , renewable energy development, and the reduction of greenhouse gas emissions (B) in paragraph (2), by adding that reduce greenhouse gas emissions (2) in subsection (b)— (A) in paragraph (2)— (i) in subparagraph (D), by striking and (ii) by redesignating subparagraph (E) as subparagraph (G); and (iii) by inserting after subparagraph (D) the following: (E) a nonprofit corporation; (F) an agricultural cooperative or producer group; and ; (B) in paragraph (3)(D), by inserting before the semicolon at the end the following: , including greenhouse gas emissions reductions (C) in paragraph (4)— (i) in the matter preceding subparagraph (A), by inserting , agricultural processors, agricultural producers (ii) in subparagraph (A), by striking and (iii) in subparagraph (B)(ii), by striking the period at the end and inserting ; and (iv) by adding at the end the following: (C) assisting in the development of feasibility studies and plans for implementing recommendations provided under subparagraph (B). ; (3) in subsection (c)— (A) in paragraph (1)(A)(i), by inserting , agricultural processors, agricultural producers (B) in paragraph (2)— (i) by redesignating subparagraphs (F) and (G) as subparagraphs (G) and (H), respectively; and (ii) by inserting after subparagraph (E) the following: (F) carbon accounting assessments developed under subsection (d) with respect to the renewable energy system to be installed or the energy efficiency upgrade to be undertaken; ; (C) in paragraph (3)— (i) in subparagraph (A), by striking The amount 25 percent Except as provided in subparagraph (F), the amount of a grant under this subsection shall not exceed 50 percent (ii) by redesignating subparagraphs (C) and (D) as subparagraphs (D) and (E), respectively; (iii) by inserting after subparagraph (B) the following: (C) Maximum percentage of loan guarantee The portion of a loan that the Secretary may guarantee under this section shall be— (i) in the case of a loan in the amount of not less than $1,000,000, 80 percent of the principal amount of the loan; and (ii) in the case of a loan in an amount less than $1,000,000, 90 percent of the principal amount of the loan. ; (iv) in subparagraph (E) (as so redesignated), by striking subsection (f) subsection (h) (v) by adding at the end the following: (F) Underserved producers The amount of a grant provided under this subsection to an agricultural producer who is a beginning farmer or rancher, a socially disadvantaged farmer or rancher, or a veteran farmer or rancher (as those terms are defined in section 2501(a) of the Food, Agriculture, Conservation and Trade Act of 1990 ( 7 U.S.C. 2279(a) ; (D) in paragraph (4), by adding at the end the following: (F) Pre-approved technologies In order to streamline the adoption of renewable energy systems and energy efficiency improvements, the Secretary shall develop a streamlined application process for projects utilizing pre-approved products and technologies included on the list described in paragraph (5). ; and (E) by adding at the end the following: (5) Pre-approved list The Secretary shall, beginning in fiscal year 2024— (A) develop a list of pre-approved technologies and products for purposes of paragraph (4)(F); and (B) update that list every 2 fiscal years. (6) Priority In making grants or loan guarantees under this subsection, the Secretary shall give priority to proposed projects that utilize technologies— (A) with a substantially low carbon footprint; or (B) that would result in significant net decreases of greenhouse gas emissions, as determined by the Secretary using the carbon accounting assessments developed under subsection (d). ; (4) by redesignating subsections (d), (e), and (f) as subsections (f), (g), and (h), respectively; (5) by inserting after subsection (c) the following: (d) Carbon accounting (1) In general Not later than 2 years after the date of enactment of the Agriculture Resilience Act of 2023 (2) Methodologies In developing the carbon accounting assessments under paragraph (1), the Secretary shall, to the maximum extent practicable, create accurate methodologies for assigning greenhouse gas emission values, including land use change. (3) Program guidance The Secretary shall, to the maximum extent practicable, use the carbon accounting assessments developed under paragraph (1) as guides in carrying out this section. (e) Regional demonstration projects (1) In general The Secretary shall carry out regional demonstration projects that incentivize agricultural producers to reduce their carbon footprint or overall carbon equivalent emissions to the maximum extent practicable through the use of energy efficiency improvements and renewable energy systems. (2) Publicization The Secretary shall publicize the results of the regional demonstration projects carried out under paragraph (1). ; (6) in subsection (f) (as so redesignated)— (A) in the subsection heading, by inserting and technical assistance Outreach (B) by striking The Secretary shall Using funds made available under subsection (h)(4), the Secretary shall (C) by inserting and technical assistance outreach (D) by inserting or provided, as applicable, conducted (7) in subsection (g) (as so redesignated), by striking subsection (f) subsection (h) (8) in subsection (h) (as so redesignated)— (A) in paragraph (1), by striking subparagraphs (A) through (E) and inserting the following: (A) $50,000,000 for each of fiscal years 2014 through 2023; (B) $100,000,000 for fiscal year 2024; (C) $200,000,000 for fiscal year 2025; (D) $300,000,000 for fiscal year 2026; and (E) $400,000,000 for fiscal year 2027 and each fiscal year thereafter. ; (B) in paragraph (2)(B), by striking become available be used (C) by adding at the end the following: (4) Administrative expenses Of the funds made available to carry out this section for a fiscal year, the Secretary shall use not more than 8 percent for administrative expenses. (5) Reservation of funds Of the funds made available to carry out this section for a fiscal year, the Secretary may reserve— (A) not more than 15 percent to provide grants under subsection (c) to support the adoption of underutilized but proven commercial technologies; and (B) not more than 5 percent to carry out subsection (e). . 602. Agrivoltaic systems (a) Definition of agrivoltaic system In this section, the term agrivoltaic system (b) Study (1) In general The Secretary shall conduct a study on agrivoltaic systems that shall include— (A) an assessment of the compatibility of different species of livestock with different agrivoltaic system designs, including— (i) the optimal height of and distance between solar panels for— (I) livestock grazing; and (II) shade for livestock; (ii) manure management considerations; (iii) fencing requirements; and (iv) other animal handling considerations; (B) an assessment of animal breeding research needs with respect to beneficial and compatible characteristics and behaviors of different species of grazing animals in agrivoltaic systems; (C) an assessment of the compatibility of different crop types with different agrivoltaic system designs, including— (i) the optimal height of and distance between solar panels for— (I) plant shading; and (II) farm equipment use; (ii) the impact on crop yield; and (iii) market opportunities to sell crops at a premium price; (D) an assessment of plant breeding research needs with respect to beneficial and compatible characteristics of different crops, including specialty and perennial crops, in agrivoltaic systems; (E) a risk-benefit analysis of agrivoltaic systems in different regions of the United States, including a comparison between the total greenhouse gas impact of agrivoltaic systems and solar energy systems that displace agricultural production; (F) an assessment of the types of agricultural land best suited and worst suited for agrivoltaic systems; (G) an assessment of how to best develop agrivoltaic systems on a national and local scale consistent with— (i) maintaining or increasing agricultural production; (ii) increasing agricultural resilience; (iii) retaining prime farmland; (iv) increasing economic opportunities in farming and rural communities; (v) reducing nonfarmer ownership of farmland; and (vi) enhancing biodiversity; (H) an assessment of the unique risk management and crop insurance needs of agrivoltaic systems; (I) an assessment of how Federal procurement of agricultural products could help build a market for agricultural products from farms with agrivoltaic systems; and (J) an assessment of how Federal agricultural conservation programs, renewable energy programs, and investment tax credits can better support agrivoltaic systems. (2) 5-year plan Based on the study under paragraph (1), the Secretary shall develop a 5-year plan for using the research, extension, outreach, conservation, and renewable energy activities of the Department of Agriculture to better support agrivoltaic systems that do not displace agricultural production. (3) Report Not later than 1 year after the date of enactment of this Act, the Secretary shall submit to the Committee on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate a report containing the results of the study conducted under paragraph (1). (c) Agrivoltaic system research and demonstration (1) In general The Secretary, acting through the Administrator of the Agricultural Research Service and in coordination with the relevant research programs of the Department of Energy, shall establish and maintain a network of research and demonstration sites operated by the Agricultural Research Service to investigate and demonstrate agrivoltaic systems in multiple regions of the United States, including arid, semi-arid, and wet agricultural zones, that— (A) increase agricultural productivity and profitability; (B) enhance agricultural resilience and the capacity to mitigate and adapt to climate change; (C) protect biodiversity; and (D) increase economic opportunities in farming and rural communities. (2) Coordination In establishing and maintaining the network described in paragraph (1), the Secretary shall collaborate with USDA Climate Hubs to share research findings and translate research findings into educational, outreach, and technical assistance materials for agricultural producers. (3) Authorization of appropriations There is authorized to be appropriated to carry out this subsection $15,000,000 for fiscal year 2024 and each fiscal year thereafter. 603. AgSTAR program (a) In general The Secretary shall maintain the program known as the AgSTAR program (1) support the use of anaerobic digestion in the agricultural sector to reduce methane emissions from livestock waste; (2) conduct outreach, education, and training on anaerobic digestion of livestock waste; (3) provide technical and regulatory assistance on anaerobic digestion of livestock waste to stakeholders, including farmers and ranchers, on issues including— (A) permitting; (B) codigestion of multiple organic wastes in one digester; and (C) interconnection to physically link a digester to the electrical power grid; (4) promote centralized, multifarm digesters that use livestock waste from more than 1 farm or ranch; (5) collect and report data on anaerobic digestion of livestock waste; and (6) maintain a database of on-farm anaerobic digester projects in the United States. (b) Transition from EPA (1) In general The Administrator of the Environmental Protection Agency shall take such steps as are necessary to provide for an orderly transition for the activities carried out under the AgSTAR program by the Environmental Protection Agency to be carried out by the Secretary, in accordance with subsection (c). (2) Deadline The Administrator of the Environmental Protection Agency shall finish carrying out paragraph (1) by not later than 1 year after the date of enactment of this Act, such that the Secretary has sole jurisdiction of the AgSTAR program by that date. (c) Administration The Secretary shall carry out the AgSTAR program through the Chief of the Natural Resources Conservation Service— (1) in coordination with the Administrator of the Environmental Protection Agency and other Federal agencies as necessary; and (2) in partnership with the climate hubs, cooperative extension services, and agencies of the Department of Agriculture. (d) Authorization of appropriations There is authorized to be appropriated to the Secretary to carry out the AgSTAR program not more than $5,000,000 for each fiscal year. VII Food Loss and Waste A Food Date Labeling 701. Definitions In this subtitle: (1) Administering Secretaries The term administering Secretaries (A) the Secretary, with respect to any product that is— (i) under the jurisdiction of the Secretary; and (ii) (I) a poultry product (as defined in section 4 of the Poultry Products Inspection Act ( 21 U.S.C. 453 (II) a meat food product (as defined in section 1 of the Federal Meat Inspection Act ( 21 U.S.C. 601 (III) an egg product (as defined in section 4 of the Egg Products Inspection Act ( 21 U.S.C. 1033 (B) the Secretary of Health and Human Services, with respect to any product that is— (i) under the jurisdiction of the Secretary of Health and Human Services; and (ii) a food (as defined in section 201 of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 321 (2) Discard date The term discard date (3) Food labeler The term food labeler (4) Quality date The term quality date (A) the quality of the product may begin to deteriorate; but (B) the product remains apparently wholesome food (as defined in subsection (b) of the Bill Emerson Good Samaritan Food Donation Act ( 42 U.S.C. 1791(b) 702. Quality dates and discard dates (a) Quality dates (1) In general If a food labeler includes a quality date on food packaging, the label shall use the uniform quality date label phrase under paragraph (2). (2) Uniform phrase The uniform quality date label phrase under this paragraph shall be BEST If Used By BB (3) Option of the labeler The decisions on whether to include a quality date on food packaging and which foods should be so labeled shall be at the discretion of the food labeler. (b) Discard dates (1) In general If a food labeler includes a discard date on food packaging, the label shall use the uniform discard date label phrase under paragraph (2). (2) Uniform phrase The uniform discard date label phrase under this paragraph shall be USE By UB (3) Option of the labeler The decisions on whether to include a discard date on food packaging and which foods should be so labeled shall be at the discretion of the food labeler. (c) Quality date and discard date labeling (1) In general The quality date or discard date, as applicable, and immediately adjacent uniform quality date label phrase or discard date label phrase— (A) shall be— (i) in single easy-to-read type style; and (ii) located in a conspicuous place on the package of the food; and (B) may be on the label or, at the discretion of the food labeler, elsewhere on the package. (2) Date format Each quality date and discard date shall be stated in terms of day and month and, as appropriate, year. (3) Abbreviations A food labeler may use a standard abbreviation of BB UB (4) Freeze by A food labeler may add or Freeze By (d) Education Not later than 1 year after the date of enactment of this Act, the administering Secretaries, acting jointly, shall provide consumer education and outreach on the meaning of quality date and discard date food labels. (e) Rules of construction; preemption (1) Infant formula This title and the amendments made by this title shall not— (A) apply to infant formula (as defined in section 201 of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 321 (B) affect the requirements relating to infant formula established under section 412 of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 350a (2) Sale or donation of food based on discard date Nothing in this title or an amendment made by this title prohibits any State or political subdivision of a State from establishing or continuing in effect any requirement that prohibits the sale or donation of foods based on passage of the discard date. (3) Time temperature indicator labels Nothing in this title or an amendment made by this title prohibits or restricts the use of time-temperature indicator labels or similar technology that is in addition to or in lieu of any uniform quality date label phrase under subsection (a)(2) or uniform discard date label phrase under subsection (b)(2). (4) Preemption No State or political subdivision of a State may establish or continue in effect any requirement that— (A) relates to the inclusion in food labeling of a quality date or a discard date that is different from or in addition to, or that is otherwise not identical with, the requirements of this Act and the amendments made by this Act; or (B) prohibits the sale or donation of foods based on passage of the quality date. (5) Enforcement The administering Secretaries, acting jointly and in coordination with the Federal Trade Commission, shall ensure that the uniform quality date label phrase and uniform discard date label phrase are standardized across all food products. (6) Savings Notwithstanding paragraph (4), nothing in this title, any amendment made by this title, or any standard or requirement imposed pursuant to this title preempts, displaces, or supplants any State or Federal common law rights or any State or Federal statute creating a remedy for civil relief, including a remedy for civil damage, or a penalty for criminal conduct. 703. Misbranding (a) FDA violations Section 403 of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 343 (z) If it is food and its labeling is in violation of section 702 of the Agriculture Resilience Act of 2023 . (b) Poultry products Section 4(h) of the Poultry Products Inspection Act ( 21 U.S.C. 453(h) (1) in paragraph (11), by striking or (2) in paragraph (12), by striking the period at the end and inserting ; or (3) by adding at the end the following: (13) if its labeling is in violation of section 702 of the Agriculture Resilience Act of 2023 . (c) Meat products Section 1(n) of the Federal Meat Inspection Act ( 21 U.S.C. 601(n) (1) in paragraph (11), by striking or (2) in paragraph (12), by striking the period at the end and inserting ; or (3) by adding at the end the following: (13) if its labeling is in violation of section 702 of the Agriculture Resilience Act of 2023 . (d) Egg products Section 7(b) of the Egg Products Inspection Act ( 21 U.S.C. 1036(b) or if its labeling is in violation of section 702 of the Agriculture Resilience Act of 2023 704. Regulations Not later than 2 years after the date of enactment of this Act, the administering Secretaries, acting jointly, shall promulgate final regulations for carrying out this title and the amendments made by this title. 705. Delayed applicability This title and the amendments made by this title shall apply only with respect to food products that are labeled on or after the date that is 2 years after the date of promulgation of final regulations under section 704. B Other Provisions 711. Composting as conservation practice (a) Conservation standards and requirements Section 1241(j) of the Food Security Act of 1985 ( 16 U.S.C. 3841(j) (1) by redesignating paragraph (2) as paragraph (3); and (2) by inserting after paragraph (1) the following: (2) Composting as conservation practice and activity (A) In general The Secretary shall, by regulation, provide that composting is a conservation practice and a conservation activity for the purposes of this title. (B) Definition of composting (i) In general In this paragraph, the term composting (I) an activity (including an activity that does not require the use of a composting facility) to produce compost from organic waste that is— (aa) generated on a farm; or (bb) brought to a farm from a nearby community and used to produce compost on that farm; and (II) the use and active management of compost on a farm, in accordance with any applicable Federal, State, or local law, to improve water retention and soil health. (ii) Determination of nearby communities The Secretary, in consultation with the Administrator of the Environmental Protection Agency, shall issue regulations for determining whether a community is nearby for purposes of clause (i)(I)(bb), which shall ensure that bringing organic waste from the community to the farm to produce compost results in a net reduction of greenhouse gas emissions. . (b) Conservation stewardship program Section 1240I(2)(B)(i) of the Food Security Act of 1985 ( 16 U.S.C. 3839aa–21(2)(B)(i) and composting (as defined in section 1241(j)(2)(B)) agriculture drainage management systems (c) Environmental quality incentives program Section 1240A(6)(A)(ii) of the Food Security Act of 1985 ( 16 U.S.C. 3839aa–1(6)(A)(ii) , including composting (as defined in section 1241(j)(2)(B)) (d) Delivery of technical assistance Section 1242(h) of the Food Security Act of 1985 ( 16 U.S.C. 3842(h) (5) Development of composting practice standard In addition to conducting a review under this subsection of any composting facilities practice standard established before the date of enactment of this paragraph, the Secretary shall develop and implement a composting practice standard under the process developed under paragraph (3). . 712. Amendments to Federal Food Donation Act (a) Purpose Section 2 of the Federal Food Donation Act of 2008 ( Public Law 110–247 42 U.S.C. 1792 encourage require (b) Definitions Section 3 of the Federal Food Donation Act of 2008 ( Public Law 110–247 42 U.S.C. 1792 (1) by redesignating paragraphs (3) and (4) as paragraphs (4) and (5), respectively; and (2) by inserting after paragraph (2) the following: (3) Executive agency The term executive agency . (c) Report on food waste by certain Federal contractors Section 4 of the Federal Food Donation Act of 2008 ( 42 U.S.C. 1792 (1) by striking subsection (a) and inserting the following: (a) In general (1) Requirement Not later than 180 days after the date of enactment of the Agriculture Resilience Act of 2023 (A) requires the donation of excess, apparently wholesome food to nonprofit organizations that provide assistance to food-insecure people in the United States; (B) states the terms and conditions described in subsection (b); and (C) requires the submission of a report, annually if applicable— (i) in a form and manner specified by the executive agency awarding the contract; and (ii) that describes, for each month of performance of the contract during the period covered by the report, the weight of apparently wholesome food that was disposed of pursuant to the contract by— (I) donation, organized by the name of the organization receiving the food; (II) composting or other recycling; or (III) discarding, organized by the reason that the food was discarded. (2) Exception Paragraph (1) shall not apply to a contract with an executive agency that has issued a regulation in effect on the date of enactment of the Agriculture Resilience Act of 2023 ; and (2) by adding at the end the following: (c) Application to Congress (1) Contracts This Act shall apply to the House of Representatives and the Senate, and to contracts entered into by the House of Representatives and the Senate, in the same manner and to the same extent as this Act applies to an executive agency and to contracts entered into by an executive agency pursuant to this Act. (2) Administration For purposes of carrying out paragraph (1)— (A) the Chief Administrative Officer of the House of Representatives shall be considered to be the head of the House of Representatives; and (B) the Secretary of the Senate shall be considered to be the head of the Senate. (d) Reports (1) Report to OMB Not later than 30 days after the date on which an executive agency receives a report described in subsection (a)(1)(C), the executive agency shall submit a copy of the report to the Director of the Office of Management and Budget. (2) Report to Congress The Director of the Office of Management and Budget shall submit to Congress an annual report aggregating the information in the reports received under paragraph (1) during the year covered by the report to Congress. . (d) Authorization of appropriations The Federal Food Donation Act of 2008 ( Public Law 110–247 5. Authorization of appropriations There is authorized to be appropriated to the Secretary of Agriculture to carry out this Act $10,000,000 for fiscal year 2024 and each fiscal year thereafter. . 713. Grants for composting and anaerobic digestion food waste-to-energy projects (a) In general Subtitle G of the Solid Waste Disposal Act ( 42 U.S.C. 6971 et seq. 7011. Grants for composting and anaerobic digestion food waste-to-energy projects (a) Definition of State In this section, the term State (1) each of the several States; (2) the District of Columbia; (3) each territory or possession of the United States; and (4) each federally recognized Indian Tribe. (b) Grants The Administrator shall establish a grant program to award grants to States eligible to receive the grants under subsection (c)(1) to construct large-scale composting or anaerobic digestion food waste-to-energy projects. (c) Eligible States (1) Eligibility To be eligible to receive a grant under this section, a State shall— (A) have in effect a plan to limit the quantity of food waste that may be disposed of in landfills in the State; and (B) provide to the Administrator— (i) a written commitment that the State has read and agrees to comply with the Food Recovery Hierarchy of the Environmental Protection Agency, particularly as applied to apparently wholesome food (as defined in section 22(b) of the Child Nutrition Act of 1966 ( 42 U.S.C. 1791(b) (ii) a written end-product recycling plan that provides for the beneficial use of the material resulting from any anaerobic digestion food waste-to-energy operation with respect to which the grant is made, in a manner that meets all applicable Federal, State, and local laws that protect human health and the environment. (2) Limitation A grant under subsection (b) may not be used for an anaerobic digester that uses solely manure as undigested biomass. (3) Preference The Administrator shall give preference to grants under subsection (b) for anaerobic digesters that use primarily nonedible food, crop waste, or nonedible food and crop waste as undigested biomass. (d) Authorization of appropriations There is authorized to be appropriated to carry out this section $100,000,000 for each fiscal year. . (b) Clerical amendment The table of contents for the Solid Waste Disposal Act ( 42 U.S.C. 6901 et seq. Sec. 7011. Grants for composting and anaerobic digestion food waste-to-energy projects. . 714. School food waste reduction grant program (a) In general Section 18 of the Richard B. Russell National School Lunch Act ( 42 U.S.C. 1769 (a) School food waste reduction grant program (1) Definition of eligible local educational agency In this subsection, the term eligible local educational agency 42 U.S.C. 1773 (2) Establishment The Secretary shall carry out a program to make grants, on a competitive basis, to eligible local educational agencies to carry out food waste measurement, prevention, and reduction projects. (3) Regional balance In awarding grants under this subsection, the Secretary shall, to the maximum extent practicable, ensure— (A) that a grant is awarded to an eligible local educational agency in each region served by the Administrator of the Food and Nutrition Service; and (B) equitable treatment of rural, urban, and tribal communities. (4) Grants (A) Application To be eligible to receive a grant under this subsection, an eligible local educational agency shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require. (B) Priority In making grants under this subsection, the Secretary shall give priority to an eligible local educational agency that demonstrates in the application submitted under subparagraph (A) that the grant will be used— (i) to carry out experiential education activities that encourage children enrolled in the eligible local educational agency to participate in food waste measurement and education; (ii) to prioritize the best use of food in accordance with the Food Recovery Hierarchy published by the Administrator of the Environmental Protection Agency; (iii) with respect to food waste prevention and reduction, to collaborate with other eligible local educational agencies, Indian Tribes, nongovernmental and community-based organizations, and other community partners; (iv) to establish a food waste measurement, prevention, and reduction project with long-term sustainability; and (v) to evaluate the activities described in clauses (i) through (iv) and make evaluation plans. (C) Use of funds An eligible local educational agency that receives a grant under this subsection shall use the grant to carry out 1 or more of the following activities: (i) Planning a food waste measurement, prevention, and reduction project. (ii) Implementing a food waste measurement, prevention, and reduction project. (iii) Providing training to support a food waste measurement, prevention, and reduction project. (iv) Purchasing equipment to support a food waste measurement, prevention, and reduction project. (v) Offering food waste education to students enrolled in the eligible local educational agency. (D) Cost-sharing (i) In general The amount of a grant provided under this subsection shall not exceed 75 percent of the total cost of the project for which the grant is provided. (ii) Non-federal share An eligible local educational agency that receives a grant under this subsection shall use non-Federal funds in the form of cash or in-kind contributions, including facilities, equipment, or services provided by State and local governments, nonprofit organizations, and private sources, to pay for the remaining cost of the project for which the grant is provided. (5) Evaluation (A) Cooperation As a condition of receiving a grant under this subsection, each eligible local educational agency shall agree to cooperate in an evaluation by the Secretary of the project carried out by the eligible local educational agency as part of the evaluation conducted by the Secretary under subparagraph (B). (B) Periodic evaluation Not later than 2 years after the date of enactment of the Agriculture Resilience Act of 2023 (i) the amount of Federal funds used to award those grants; and (ii) an evaluation of the outcomes of the projects carried out using those grants. (C) Report The Secretary shall submit to Congress as a report each evaluation carried out under subparagraph (B). . (b) Technical Section 21(b) of the Richard B. Russell National School Lunch Act ( 42 U.S.C. 1769b–1(b) (1) in paragraph (2), by striking and (2) in paragraph (3), by striking the period at the end and inserting ; and (3) by adding at the end the following: (4) food waste measurement, prevention, and reduction. . 715. Support for national media campaigns to decrease incidence of food waste (a) In general The Secretary shall support national media campaigns to decrease the incidence of food waste. (b) Authorization of appropriations There are authorized to be appropriated such sums as are necessary to carry out this section. 716. Food waste research program (a) Establishment The Food Loss and Waste Reduction Liaison of the Department of Agriculture (in this section referred to as the Liaison Program (b) Food waste research program requirements (1) Duties In carrying out the Program, the Liaison, in partnership with the 5 regional partner institutions selected under subsection (c), shall— (A) plan, conduct, and arrange for public research, data, education, and recommendations within the areas of study specified in paragraph (2), as such areas relate to food waste reduction and food recovery issues nationwide, regionally, and locally; (B) carry out the activities of the Program within a variety of regions in the United States, which are identified and categorized by the Liaison based on the specific food recovery and food waste reduction issues of such regions; (C) identify areas to increase efficiency in the allocation of resources and the coordination, cooperation, and consolidation of efforts as they relate to local, statewide, Tribal, regional, and Federal food recovery and food waste reduction efforts; (D) create a Program website, as described in paragraph (4), to disseminate information to the public; and (E) collaborate with other colleges, universities, and nonprofit organizations in the regions selected by the Liaison that have demonstrated capability for research, information dissemination, and professional training in order to develop regional networks that are knowledgeable in food waste reduction issues. (2) Areas of Study In carrying out the duties listed in paragraph (1), the Liaison and the regional partner institutions shall consider the following areas of study: (A) Reducing the volume of surplus food produced. (B) Utilizing excess food to feed individuals in need, including through the use of donations of surplus food. (C) Diverting food unusable for purposes described in subparagraph (B) to feed animals. (D) Utilizing food waste to create renewable energy sources. (E) Composting food waste to create nutrient rich soil. (F) Diminishing the deposits of food waste in landfills and reducing the incineration of food waste. (3) Use of Funds (A) In General The Liaison may make funds available under this section to improve the capacities and facilities of the regional partner institutions to a level that meets the requirements of the role of a regional partner institution. (B) Plan A regional partner institution may not receive any funding for any facility upgrade under subparagraph (A), unless— (i) the regional partner institution submits to the Liaison a plan detailing the type of facility construction or improvements to take place (including any land acquisition, engineering, design, and staffing and equipment needs, in addition to other information as required by the Liaison); and (ii) the Liaison approves such plan. (C) Non-Federal Cost Share for Facility Improvement A regional partner institution shall be required to provide at least a 20-percent non-Federal cost share for facility improvement or construction projects pursued by a regional partner institution under subparagraph (A). (D) Matching Funds for Operating Expenses A regional partner institution shall be required to provide at least a 30-percent non-Federal cost share for all Program operating expenses related to such regional partner institution. (E) Wage Rate Requirements A construction activity carried out pursuant to this subsection shall meet Federal prevailing wage requirements as determined by the Secretary of Labor in accordance with subchapter IV of chapter 31 of part A of subtitle II of title 40, United States Code (commonly referred to as the Davis-Bacon Act (4) Food waste research program website The Liaison shall establish a website that shall contain at least the following information: (A) Key findings and best practices. (B) A list of collaborations and partnerships carried out pursuant to this subsection. (C) Annual reports and other pertinent information on the duties of the Program. (D) The location and contact information for regional partner institutions. (E) Federal, State, local, and regionally specific public research, data, education, and policy recommendations that shall be updated in a timely manner with new information. (F) Tools for tracking reduction efforts and measuring food waste production. (c) Selection of regional partner institutions (1) In general Not later than 180 days after the date of the enactment of this Act, the Liaison shall select 5 regional partner institutions to partner with to carry out the requirements of the Program under subsection (b). (2) Criteria for Regional Partner Institutions In making a selection under paragraph (1), the Liaison shall select an institution of higher education that— (A) has a focus or expertise in at least one of the areas of study described in subsection (b)(2); (B) has the ability to plan, conduct, and arrange for public research, data, education, and recommendations related to food waste reduction and the areas of study described in subsection (b)(2); (C) can assist the Liaison in fulfilling the duties listed in subsection (b)(1); (D) can contribute the required non-Federal funding to maintain a regional partner institution center; and (E) satisfies any other criteria determined by the Liaison. (3) Eligible sub-awardees A State, Tribal, or local government, local educational agency, agricultural or commodity organization, farmer, or other organization focused on food waste prevention may serve as an eligible sub-awardee of a regional partner institution if the entity meets the requirements of subparagraphs (A) through (C) of paragraph (2). (4) Employment status Members of regional partner institutions shall not be considered Federal employees for any purpose. (d) Collaboration with Federal, regional, State, Tribal, and local governments and organizations The Liaison, in conjunction with the 5 regional partner institutions selected under subsection (c), shall collaborate and share best practices on regional, State, Tribal, and locally specific food waste and food waste reduction issues with— (1) State and county governments; (2) Tribal governments; (3) units of local government; (4) local educational entities; (5) colleges and universities; (6) agricultural and commodity organizations; (7) farmers; and (8) organizations focused on food waste prevention. (e) Information collection and dissemination (1) Report of regional partner institutions Not later than 1 year after the date of the enactment of this Act, and annually thereafter, the regional partnership institutions shall submit to the Liaison a report containing the activities, partnerships, collaborations, Federal policy recommendations, previous and continuing budgets, findings, and any other applicable information carried out under the Program. (2) Liaison report Not later than 15 months after the date of the enactment of this Act, and annually thereafter, the Liaison shall submit to the Committee on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate and publish on the Program website an annual report containing a compilation of the activities, partnerships, collaborations, Federal policy recommendations, previous and continuing budgets, findings, and any other applicable information relating to the Program. (3) Review of report The Liaison shall review the annual report from the regional partner institutions to ensure that funds are being used efficiently according to the duties of the Program and that the Program is producing utilizable public research, data, education, and recommendations related to food waste and food waste reduction issues. | Agriculture Resilience Act of 2023 |
Ensuring Fairness for Students Act This bill requires educational institutions to implement a specified grievance process for investigating and adjudicating formal complaints of sexual harassment (i.e., Title IX claims). Title IX prohibits discrimination on the basis of sex in federally funded education programs or activities, including in public elementary and secondary schools and in colleges and universities. Among other elements, this grievance process must (1) provide both parties with a written notice of the allegation, an equal opportunity to select an advisor of each party's choice, and an opportunity to submit and review evidence throughout the investigation; (2) apply a presumption of innocence during the process; and (3) give both parties an equal opportunity to appeal. | 118 S1017 IS: Ensuring Fairness for Students Act U.S. Senate 2023-03-28 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 118th CONGRESS 1st Session S. 1017 IN THE SENATE OF THE UNITED STATES March 28, 2023 Mr. Kennedy Committee on Health, Education, Labor, and Pensions A BILL To amend title IX of the Education Amendments of 1972 to ensure due process in grievance proceedings. 1. Short title This Act may be cited as the Ensuring Fairness for Students Act 2. Ensuring due process in title IX claims Section 901 of the Education Amendments of 1972 ( 20 U.S.C. 1681 (d) Ensuring due process (1) Sexual harassment In this section, the term sexual harassment (2) Implementation requirement Not later than 12 months after the date of enactment of the Ensuring Fairness for Students Act (3) Grievance process Each grievance process implemented under paragraph (2) shall comply with each of the following: (A) Give both parties— (i) written notice of the allegation; (ii) an equal opportunity to select an advisor of the party’s choice (who may be, but does not need to be, an attorney); and (iii) an equal opportunity to submit and review evidence throughout the investigation of the allegation. (B) Use personnel who are trained in compliance with requirements under this title to objectively evaluate all relevant evidence without prejudgment of the facts at issue and free from conflicts of interest or bias for or against either party. (C) Protect both parties’ privacy by requiring a party’s written consent before using the party’s medical, psychological, or similar treatment records during the grievance process. (D) Obtain both parties’ voluntary, written consent before using any kind of informal resolution process, such as mediation or restorative justice. (E) Not use an informal resolution process, as described in subparagraph (D), in cases where an employee of the educational institution is alleged to have sexually harassed a student. (F) Apply a presumption that the respondent is not responsible during the grievance process, so that the educational institution bears the burden of proof and the standard of evidence is applied correctly. (G) Ensure the decision-maker is not the same person as the investigator or the Title IX Coordinator (who is the individual designated as a responsible employee in section 106.8(a) of title 34, Code of Federal Regulations, as such section is in effect on the date of enactment of the Ensuring Fairness for Students Act (H) For educational institutions that are— (i) postsecondary institutions, hold a live hearing and— (I) allow cross-examination by the advisors of the parties; and (II) not permit cross-examination by the parties personally; and (ii) elementary schools or secondary schools, provide an opportunity for each party to submit written questions for the other party and any witness to answer. (I) Offer both parties an equal opportunity to appeal. (J) Protect any individual, including complainants, respondents, and witnesses, from retaliation for reporting sexual harassment or participating (or refusing to participate) in the grievance process. (K) Document and keep records of all sexual harassment reports and investigations. . | Ensuring Fairness for Students Act |
Pandemic Unemployment Fraud Recoupment Act This bill extends the time period when a state must recover improperly paid pandemic unemployment insurance (UI) benefits and bring related criminal charges or enforcement actions to 10 years. The bill also adds certain recovery requirements to two pandemic UI programs—Pandemic Unemployment Assistance (PUA) and Lost Wages Assistance (LWA)—that match the requirements of other pandemic UI programs. Specifically, the state must (1) repay itself by deducting the PUA or LWA funds from any UI benefits a recipient may later qualify to receive; and (2) ensure the recipient is provided with notice, a hearing, and a final determination. | 118 S1018 IS: Pandemic Unemployment Fraud Recoupment Act U.S. Senate 2023-03-28 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 118th CONGRESS 1st Session S. 1018 IN THE SENATE OF THE UNITED STATES March 28, 2023 Mr. Marshall Mrs. Blackburn Mr. Braun Ms. Ernst Mr. Cramer Mr. Scott of Florida Committee on Finance A BILL To extend the statute of limitations for fraud by individuals under the COVID–19 unemployment programs. 1. Short title This Act may be cited as the Pandemic Unemployment Fraud Recoupment Act 2. Extension of the statute of limitations for fraud by individuals under the COVID–19 unemployment programs (a) Pandemic unemployment assistance Section 2102 of the CARES Act ( 15 U.S.C. 9021 (1) in subsection (d), by striking paragraph (4); (2) by redesignating subsection (h) as subsection (i); and (3) by inserting after subsection (g) the following new subsection: (h) Fraud and overpayments (1) In general If an individual knowingly has made, or caused to be made by another, a false statement or representation of a material fact, or knowingly has failed, or caused another to fail, to disclose a material fact, and as a result of such false statement or representation or of such nondisclosure such individual has received an amount of pandemic unemployment assistance under this section to which such individual was not entitled, such individual shall be ineligible for further pandemic unemployment assistance under this section in accordance with the provisions of the applicable State unemployment compensation law relating to fraud in connection with a claim for unemployment compensation. (2) Repayment In the case of individuals who have received amounts of pandemic unemployment assistance under this section to which they were not entitled, the State shall require such individuals to repay the amounts of such pandemic unemployment assistance to the State agency, except that the State agency may waive such repayment if it determines that— (A) the payment of such pandemic unemployment assistance was without fault on the part of any such individual; and (B) such repayment would be contrary to equity and good conscience. (3) Recovery by State agency (A) In general The State agency shall recover the amount to be repaid, or any part thereof, by deductions from any unemployment compensation payable to such individual under any State or Federal unemployment compensation law administered by the State agency or under any other State or Federal law administered by the State agency which provides for the payment of any assistance or allowance with respect to any week of unemployment, during the 10-year period after the date such individuals received the payment of the pandemic unemployment assistance to which they were not entitled, in accordance with the same procedures as apply to the recovery of overpayments of regular unemployment benefits paid by the State. (B) Opportunity for hearing No repayment shall be required, and no deduction shall be made, until a determination has been made, notice thereof and an opportunity for a fair hearing has been given to the individual, and the determination has become final. (4) Review Any determination by a State agency under this section shall be subject to review in the same manner and to the same extent as determinations under the State unemployment compensation law, and only in that manner and to that extent. (5) Statute of Limitations Notwithstanding any other provision of law, any criminal charge or civil enforcement action alleging that an individual engaged in fraud with respect to the payment of any unemployment compensation claim funded in whole or in part by pandemic unemployment assistance under this section shall be filed not later than 10 years after the date on which the conduct that constitutes the fraud was committed. . (b) Federal Pandemic Unemployment Compensation and Mixed Earner Unemployment compensation Section 2104(f) of the CARES Act ( 15 U.S.C. 9023(f) (1) in paragraph (3)(A), by striking 3-year 10-year (2) by adding at the end the following new paragraph: (5) Statute of Limitations Notwithstanding any other provision of law, any criminal charge or civil enforcement action alleging that an individual engaged in fraud with respect to the payment of any unemployment compensation claim funded in whole or in part by Federal Pandemic Unemployment Compensation or Mixed Earner Unemployment Compensation under this section shall be filed not later than 10 years after the date on which the conduct that constitutes the fraud was committed. . (c) Pandemic emergency unemployment compensation Section 2107(e) of the CARES Act ( 15 U.S.C. 9025(e) (1) in paragraph (3)(A), by striking 3-year 10-year (2) by adding at the end the following new paragraph: (5) Statute of Limitations Notwithstanding any other provision of law, any criminal charge or civil enforcement action alleging that an individual engaged in fraud with respect to the payment of any unemployment compensation claim funded in whole or in part by pandemic emergency unemployment compensation under this section shall be filed not later than 10 years after the date on which the conduct that constitutes the fraud was committed. . (d) Lost wages assistance (1) Fraud and overpayments If an individual knowingly has made, or caused to be made by another, a false statement or representation of a material fact, or knowingly has failed, or caused another to fail, to disclose a material fact, and as a result of such false statement or representation or of such nondisclosure such individual has received an amount of lost wages assistance to which such individual was not entitled, such individual shall be ineligible for further lost wages assistance in accordance with the provisions of the applicable State unemployment compensation law relating to fraud in connection with a claim for unemployment compensation. (2) Repayment In the case of individuals who have received amounts of lost wages assistance to which they were not entitled, the State shall require such individuals to repay the amounts of such lost wages assistance to the State agency, except that the State agency may waive such repayment if it determines that— (A) the payment of such lost wages assistance was without fault on the part of any such individual; and (B) such repayment would be contrary to equity and good conscience. (3) Recovery by State agency (A) In general The State agency shall recover the amount to be repaid, or any part thereof, by deductions from any unemployment compensation payable to such individual under any State or Federal unemployment compensation law administered by the State agency or under any other State or Federal law administered by the State agency which provides for the payment of any assistance or allowance with respect to any week of unemployment, during the 10-year period after the date such individuals received the payment of the lost wages assistance to which they were not entitled, in accordance with the same procedures as apply to the recovery of overpayments of regular unemployment benefits paid by the State. (B) Opportunity for hearing No repayment shall be required, and no deduction shall be made, until a determination has been made, notice thereof and an opportunity for a fair hearing has been given to the individual, and the determination has become final. (4) Review Any determination by a State agency with respect to payments of lost wages assistance shall be subject to review in the same manner and to the same extent as determinations under the State unemployment compensation law, and only in that manner and to that extent. (5) Statute of Limitations Notwithstanding any other provision of law, any criminal charge or civil enforcement action alleging that an individual engaged in fraud with respect to the payment of any unemployment compensation claim funded in whole or in part by lost wages assistance shall be filed not later than 10 years after the date on which the conduct that constitutes the fraud was committed. (6) Definitions In this subsection: (A) Lost wages assistance In this subsection, the term lost wages assistance Memorandum on Authorizing the Other Needs Assistance Program for Major Disaster Declarations Related to Coronavirus Disease 2019 (B) State agency, State law, and week The terms State agency State law week 26 U.S.C. 3304 | Pandemic Unemployment Fraud Recoupment Act |
Foster Care Stabilization Act of 2023 This bill requires the Administration for Children and Families to award demonstration grants to foster care stabilization agencies to improve services for foster youth awaiting placement and for other emergency assistance. | 118 S102 IS: Foster Care Stabilization Act of 2023 U.S. Senate 2023-01-26 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 118th CONGRESS 1st Session S. 102 IN THE SENATE OF THE UNITED STATES January 26, 2023 Mrs. Fischer Mr. Hickenlooper Committee on Finance A BILL To amend title IV of the Social Security Act to establish a demonstration grant program to provide emergency relief to foster youth and improve pre-placement services offered by foster care stabilization agencies, and for other purposes. 1. Short title This Act may be cited as the Foster Care Stabilization Act of 2023 2. Grants to improve pre-placement services for foster youth Section 426 of the Social Security Act ( 42 U.S.C. 626 (d) Grants To improve pre-Placement services for foster youth (1) Establishment The Secretary shall award 3 demonstration grants of not more than $1,000,000 to foster care stabilization agencies for the purpose of providing emergency relief to foster youth and improving pre-placement services for foster youth waiting for placement. (2) Duration A foster care stabilization agency that receives a grant under this subsection shall have 3 years to spend funds awarded by the grant and return any unused grant funds to the Secretary. (3) Application A foster care stabilization agency that desires to receive a grant under this subsection shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require, that shall include the following: (A) A description of how grant funds will be used to provide emergency relief to foster youth by the foster care stabilization agency. (B) A description of how grant funds will be used to improve pre-placement services offered by the foster care stabilization agency. (4) Application dissemination The Secretary shall ensure that the solicitation of applications for a grant under this subsection is posted publicly on the website of the Administration for Children and Families and shall make special dissemination efforts to rural areas and among Indian Tribes, Tribal organizations, and Native Hawaiian organizations. (5) Use of funds A grant awarded under this subsection may be used to carry out any of the following activities: (A) Hiring of personnel necessary to provide emergency relief to foster youth and ensure that services, resources, and assistance reach such youth. (B) Provision of clothing and other personal necessities to a foster youth for a total not to exceed $250 per foster youth, per year. (C) Purchase of food and equipment needed to prepare food for foster youth. (D) Provision of service and support to prevent and respond to occurrences of child abuse and neglect with respect to foster youth. (E) Any other extraordinary or emergency assistance needed to promote the safety and self-sufficiency of foster youth. (F) Any other purpose that the Secretary determines appropriate. (6) Reservation The Secretary shall reserve $45,000 of any amounts referred to in paragraph (9) for administration, oversight, and technical assistance activities related to this subsection. (7) Report The Secretary shall submit to the Congress a report that— (A) describes how grants awarded under this subsection have been used to provide emergency relief to foster youth; (B) describe how grants awarded under this subsection have been used on pre-placement services; (C) contains data on the extent of clothing and other necessities purchased with grant funds awarded under this subsection that have been provided to foster youth; (D) provides an evaluation of case outcomes for foster youth who have benefitted from grant funds; and (E) states the number of home transfers for each foster youth that has benefitted from grant funds. (8) Definitions In this subsection: (A) Foster care stabilization agency The term foster care stabilization agency (i) Children who are under the care and placement responsibility of a State or tribal agency that administers a plan under this part or part E. (ii) Foster youth who have not attained 18 years of age. (iii) Foster youth who have attained 18 years of age. (B) Foster youth The term foster youth (C) Home transfer The term home transfer (9) Funding To the extent that the total of the amounts made available under subsection (a) for a fiscal year exceeds $5,000,000 more than the amount so made available for the previous fiscal year, the Secretary shall use the amounts to carry out this subsection. . | Foster Care Stabilization Act of 2023 |
Livestock Consolidation Research Act of 2023 This bill requires the Economic Research Service (ERS) to publish a report on consolidation and concentration in the livestock industry (i.e., beef, dairy, pork, and poultry production, including broilers, eggs, and turkeys). ERS must publish the report within one year of the Census of Agriculture being made publicly available. The Census of Agriculture is conducted every five years; the 2022 census is scheduled for release in 2024. The ERS report must include (1) information on changes in the size and location of ranches, farms, processing facilities, and packers throughout the United States; and (2) the impact of these changes on farmers, ranchers, and downstream consumers. | 118 S1020 IS: Livestock Consolidation Research Act of 2023 U.S. Senate 2023-03-29 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 118th CONGRESS 1st Session S. 1020 IN THE SENATE OF THE UNITED STATES March 29, 2023 Ms. Smith Mr. Grassley Committee on Agriculture, Nutrition, and Forestry A BILL To require the Administrator of the Economic Research Service to conduct research on consolidation and concentration in the livestock industry, and for other purposes. 1. Short title This Act may be cited as the Livestock Consolidation Research Act of 2023 2. Livestock consolidation research (a) In general Not later than 1 year after the date on which each latest Census of Agriculture is made publicly available, the Administrator of the Economic Research Service shall publish a report on consolidation and concentration in the livestock industry, including— (1) changes in the size and location of ranches, farms, processing facilities, and packers throughout the United States; and (2) the impact of the changes described in paragraph (1) on farmers, ranchers, and downstream consumers, including— (A) financial impacts; (B) market entry impacts; (C) access to resources and inputs, including processing facilities; and (D) dietary impacts. (b) Sources of information In preparing a report under subsection (a), the Administrator of the Economic Research Service shall draw on data available to the Secretary of Agriculture, including the Census of Agriculture, inspection records of the Food Safety and Inspection Service, and the packing plant data of the Packers and Stockyards Division of the Agricultural Marketing Service. (c) Report organization The report under subsection (a) shall separate information on beef cattle by cow-calf and fed cattle operations. (d) Confidentiality A report published under subsection (a) shall not contain any confidential business information. (e) Definition of livestock In this section, the term livestock | Livestock Consolidation Research Act of 2023 |
Define WOTUS Act of 2023 This bill describes which bodies of water fall under federal jurisdiction for purposes of the Clean Water Act. Specifically, the bill redefines navigable waters and establishes a process for the U.S. Army Corps of Engineers to determine, upon request, whether certain waters are navigable waters. | 118 S1022 IS: Define WOTUS Act of 2023 U.S. Senate 2023-03-29 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 118th CONGRESS 1st Session S. 1022 IN THE SENATE OF THE UNITED STATES March 29, 2023 Mr. Braun Mr. Grassley Ms. Ernst Committee on Environment and Public Works A BILL To amend the Federal Water Pollution Control Act to modify the definition of navigable waters, and for other purposes. 1. Short title This Act may be cited as the Define WOTUS Act of 2023 2. Navigable waters (a) Navigable waters definition Section 502 of the Federal Water Pollution Control Act ( 33 U.S.C. 1362 (7) Navigable waters (A) In general The term navigable waters (i) the territorial seas; (ii) interstate waters that are used, or are susceptible to use in the natural and ordinary condition of those waters, as a means in transport of interstate or foreign commerce; (iii) relatively permanent, standing, or continuously flowing bodies of water that form geographical features commonly known as streams, rivers, or lakes, that flow directly into waters described in clause (ii); and (iv) wetlands that are adjacent to and have a continuous surface water connection to waters described in clause (ii) or (iii). (B) Exclusions The term navigable waters (i) intermittent or ephemeral waters, including features that flow only in response to precipitation or melt from snowpack; (ii) subsurface waters, such as groundwater or underground streams, including subsurface waters drained through subsurface drainage systems, such as drain tiling; (iii) intrastate waters, unless the waters meet the requirements described in subparagraph (A); (iv) a man-made channel or ditch, including irrigation, distribution, and drainage systems; (v) prior converted cropland; (vi) artificially irrigated areas; (vii) artificial lakes and ponds constructed in upland; (viii) water-filled depressions created in upland, including water-filled depressions incidental to mining or construction activity; (ix) stormwater control features excavated or constructed in upland to convey, treat, infiltrate, or store stormwater runoff; (x) wastewater recycling structures constructed in upland; (xi) waste treatment systems; (xii) waters that require the use of means beyond visual inspection by the naked eye, including aerial photographs, satellite imaging, or hydrological testing, to determine if the waters meets the requirements described in subparagraph (A); or (xiii) any other waters that do not meet the requirements under subparagraph (A), without regard to whether the water— (I) previously met or would have met those requirements; or (II) may in the future meet those requirements. (C) Associated definitions For the purposes of this paragraph: (i) Continuous surface water connection The term continuous surface water connection (ii) Relatively permanent, standing, or continuously flowing bodies of water The term relatively permanent, standing, or continuously flowing bodies of water (I) stand or have continuous flow for not less than 185 days each year; and (II) exhibit a bed and banks. . (b) Jurisdictional determination Title V of the Federal Water Pollution Control Act is amended— (1) by redesignating section 520 ( 33 U.S.C. 1251 (2) by inserting after section 519 ( 33 U.S.C. 1377a 520. Jurisdictional determinations (a) Definitions In this section: (1) Affected person The term affected person (2) Secretary The term Secretary (b) Binding determination On written request of an affected person, the Secretary shall provide a binding determination of whether the waters on the property of the affected person are navigable waters that meet the requirements described in section 502(7)(A)(iv). (c) Costs A determination of the Secretary under subsection (b) shall be made at the cost of the Secretary. (d) Timing (1) In general The Secretary shall make a determination under subsection (b) not later than 60 days after the date on which the Secretary receives a written request from an affected person. (2) Effect of nonresponse If the Secretary does not make a determination by the end of the period described in paragraph (1), the waters on the property of the affected person shall not be considered to be navigable waters. (e) Term of determination (1) Finding of navigable waters If the Secretary determines under subsection (b) that the waters on the property of the affected person are navigable waters, the determination shall be binding on the Secretary and the Administrator for a period to be determined by the Secretary, but in any case not longer than 5 years after the date of the determination. (2) Finding of nonnavigable waters If the Secretary determines under subsection (b) that the waters on the property of the affected person are not navigable waters, the determination shall be binding on the Secretary and the Administrator for as long as the affected person has an identifiable and substantial legal interest in the property. (f) Judicial review (1) In general An affected person may obtain expedited judicial review of a determination of the Secretary under subsection (b). (2) Timing To obtain expedited judicial review under paragraph (1), the affected person shall submit a claim under that paragraph not later than 30 days after the date on which the Secretary makes the determination under subsection (b). (3) Jurisdiction A district court of the United States with appropriate venue for the State in which the affected person resides or in which a substantial part of the property of the affected person is located shall have jurisdiction over an action under this subsection. . | Define WOTUS Act of 2023 |
Farmer-Informed WOTUS Act of 2023 This bill requires the Department of Agriculture (USDA) to establish an advisory committee that is representative of the U.S. farming and ranching sectors to make recommendations on the impact of waters of the United States (WOTUS) regulations on U.S. agriculture and environmental protection. (The Clean Water Act [CWA] protects navigable waters, which the statute defines as WOTUS. Because the CWA does not further define this term, the agencies that implement the CWA have defined WOTUS in regulations.) Specifically, USDA must establish an advisory committee to study and develop recommendations to address matters such as the impact of the prior-converted farmland exemption on agricultural operations, the impact of WOTUS regulations on secure food supply chains and rural infrastructure, and how to develop safe harbor conditions for farmers who observe certain conservation practices. Federal agencies must provide to the committee any information requested by the committee chair. The advisory committee terminates 90 days after completing reporting requirements. | 117 S1023 IS: Farmer-Informed WOTUS Act of 2023 U.S. Senate 2023-03-29 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 118th CONGRESS 1st Session S. 1023 IN THE SENATE OF THE UNITED STATES March 29, 2023 Mr. Braun Mr. Tuberville Mr. Kennedy Mr. Rounds Mr. Ricketts Mr. Scott of Florida Committee on Agriculture, Nutrition, and Forestry A BILL To establish an advisory committee to inform Congress of the impact of Waters of the United States regulations on United States agriculture, and for other purposes. 1. Short title This Act may be cited as the Farmer-Informed WOTUS Act of 2023 2. Advisory committee for Waters of the United States regulations (a) Definitions In this section: (1) Advisory committee The term advisory committee (2) Covered commodity The term covered commodity 7 U.S.C. 9011 (3) Livestock The term livestock 7 U.S.C. 182(a) (4) Poultry The term poultry 7 U.S.C. 182(a) (5) Secretary The term Secretary (6) Specialty crop The term specialty crop 7 U.S.C. 1621 Public Law 108–465 (7) WOTUS regulations The term WOTUS regulations waters of the United States 33 U.S.C. 1251 et seq. (b) Establishment The Secretary, in coordination with the Administrator of the Environmental Protection Agency and the Assistant Secretary of the Army for Civil Works, shall establish an advisory committee broadly representative of the United States farming and ranching sectors to study and develop recommendations to address the impact of WOTUS regulations on United States agriculture and environmental protection. (c) Membership (1) Composition The advisory committee shall be composed of 32 members, all of whom are farmers or ranchers, to be appointed as follows: (A) Farmer association-nominated appointees (i) In general 16 members shall be appointed by the Secretary from a list of candidates nominated under clause (ii). (ii) Nominations (I) In general The Secretary shall select 16 entities described in subclause (II), each of which shall nominate 1 candidate for membership in the advisory committee. (II) Nominating entities The entities referred to in subclause (I) are the following: (aa) 2 national farmer trade associations representing farmers and ranchers from all 50 States and the internal policy of which is developed using a member-driven process. (bb) 4 national covered commodity trade associations. (cc) 3 national specialty crop trade associations. (dd) 3 national livestock trade associations. (ee) 3 national poultry trade associations. (ff) 1 national trade association representing State departments of agriculture. (B) Senate-nominated appointees (i) In general 8 members shall be appointed by the Secretary from a list of candidates nominated under clause (ii). (ii) Nominations The Senate shall nominate 8 regionally diverse candidates for membership in the advisory committee, of whom— (I) 4 shall be nominated by the majority leader of the Senate, in consultation with the chairperson of the Committee on Agriculture, Nutrition, and Forestry of the Senate; and (II) 4 shall be nominated by the minority leader of the Senate, in consultation with the ranking member of the Committee on Agriculture, Nutrition, and Forestry of the Senate. (C) House of Representatives-nominated appointees (i) In general 8 members shall be appointed by the Secretary from a list of candidates nominated under clause (ii). (ii) Nominations The House of Representatives shall nominate 8 regionally diverse candidates for membership in the advisory committee, of whom— (I) 4 shall be nominated by the majority leader of the House of Representatives, in consultation with the chairperson of the Committee on Agriculture of the House of Representatives; and (II) 4 shall be nominated by the minority leader of the House of Representatives, in consultation with the ranking member of the Committee on Agriculture of the House of Representatives. (2) Date Initial appointments to the advisory committee under paragraph (1) shall be made not later than 1 year after the date of enactment of this Act. (3) Period of appointment; Vacancies (A) In general A member of the advisory committee shall be appointed for the life of the advisory committee. (B) Vacancies Any vacancy in the advisory committee— (i) shall not affect the powers or duties of the advisory committee; and (ii) shall be filled in the same manner as the original appointment. (4) Chairperson and Vice Chairperson The advisory committee shall select a chairperson and vice chairperson from among the members of the advisory committee. (d) Meetings (1) Initial meeting Not later than 30 days after the date on which all members of the advisory committee have been appointed, the advisory committee shall hold the first meeting of the advisory committee. (2) Frequency The advisory committee shall meet not less than 4 times per year. (3) Quorum A majority of the members of the advisory committee shall constitute a quorum, but a lesser number of members may hold hearings. (e) Duties (1) Study and recommendations required (A) In general The advisory committee shall conduct a thorough study and develop recommendations to address the impact of WOTUS regulations on United States agriculture. (B) Matters studied The advisory committee shall study and develop recommendations to address— (i) the impact of the prior-converted farmland exemption on agricultural operations; (ii) common agricultural practices that are not exempted from WOTUS regulations under the activity-based permitting exemptions of the Environmental Protection Agency; (iii) instances in which the Corps of Engineers came to conflicting rulings for the same or similarly situated tracts of land; (iv) the impact of WOTUS regulations on secure food supply chains and rural infrastructure; (v) how WOTUS regulations can be structured to provide a clear, objective eyesight (vi) how safe harbor conditions can be developed for farmers who observe common, voluntary conservation practices on their farms. (2) Report Not later than 1 year after the date on which all members of the advisory committee have been appointed, the advisory committee shall— (A) submit a report with detailed findings and recommendations addressing the matters described in paragraph (1)(B) to— (i) the Secretary; (ii) the Committee of Agriculture, Nutrition, and Forestry of the Senate; (iii) the Committee on Environment and Public Works of the Senate; (iv) the Committee on Agriculture of the House of Representatives; (v) the Committee on Transportation and Infrastructure of the House of Representatives; (vi) the Chair of the Council on Environmental Quality; (vii) the Director of the Office of Management and Budget; (viii) the Director of the White House Domestic Policy Council; (ix) the White House Chief of Staff; (x) the Administrator of the Environmental Protection Agency; and (xi) the Assistant Secretary of the Army for Civil Works; (B) publish in the Federal Register the report under subparagraph (A); and (C) present the findings and recommendations of the advisory committee in a meeting to— (i) the Administrator of the Environmental Protection Agency; (ii) the Assistant Secretary of the Army for Civil Works; and (iii) the Science Advisory Board of the Environmental Protection Agency. (f) Powers (1) Hearings The advisory committee may hold such hearings, sit and act at such times and places, take such testimony, and receive such evidence as the advisory committee considers advisable to carry out this section. (2) Information from Federal agencies (A) In general The advisory committee may secure directly from any Federal department or agency such information as the advisory committee considers necessary to carry out this section. (B) Furnishing information On request of the chairperson of the advisory committee, the head of a department or agency shall furnish any requested information to the advisory committee. (3) Postal services The advisory committee 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 advisory committee may accept, use, and dispose of gifts or donations of services or property. (5) Procurement of temporary and intermittent services The chairperson of the advisory committee may procure temporary and intermittent services under section 3109(b) of title 5, United States Code, at rates for individuals which 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. (g) Compensation (1) Federal members A member of the advisory committee who is an officer or employee of the United States shall serve without compensation in addition to that received for service as an officer or employee of the United States, and such detail shall be without interruption or loss of civil service status or privilege. (2) Travel expenses A member of the advisory committee 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 (h) Sunset The advisory committee shall terminate 90 days after the date on which the advisory committee completes the reporting requirements under subsection (e)(2). (i) Funding (1) Unobligated funding available Of the unobligated amounts appropriated by the American Rescue Plan Act of 2021 ( Public Law 117–2 (2) Authorization of appropriations In the event that the funds described in paragraph (1) may not be made available to carry out this section, there are authorized to be appropriated such sums as are necessary to carry out this section. | Farmer-Informed WOTUS Act of 2023 |
Access to AEDs Act This bill requires the Department of Health and Human Services to award grants to local educational agencies (LEAs), including public charter schools operating as LEAs under state law, to promote student access to defibrillation in elementary and secondary schools. | 118 S1024 IS: Access to AEDs Act U.S. Senate 2023-03-29 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 118th CONGRESS 1st Session S. 1024 IN THE SENATE OF THE UNITED STATES March 29, 2023 Mr. Booker Mr. Blumenthal Mr. Schumer Committee on Health, Education, Labor, and Pensions A BILL To authorize the Secretary of Health and Human Services to award grants to eligible entities to develop and implement a comprehensive program to promote student access to defibrillation in public elementary schools and secondary schools. 1. Short title This Act may be cited as the Access to AEDs Act 2. Findings Congress finds as follows: (1) Heart disease is the leading cause of death in the United States. (2) Sudden cardiac arrest (referred to in this section as SCA (3) Studies show that 1 in 300 youth has an undetected heart condition that puts them at risk. (4) SCA is the leading cause of death for student athletes. (5) Sports-related SCA account for 39 percent of SCAs among children 18 years old or younger. (6) In 2018, there were nearly 394,000 sudden cardiac arrests that occurred in the United States, with 9 out of 10 being fatal. Only 1 in 10 victims survive a sudden cardiac arrest. (7) An estimated 7,000 to 23,000 young people are stricken by SCA annually. (8) The American Heart Association estimates that 5 in 10 victims of SCA could survive if bystanders gave CPR and used an AED immediately. (9) The chain of survival includes prompt notification of emergency services and early CPR, defibrillation, and advanced cardiac life support. (10) Health education should include basic emergency lifesaving skills. Incorporating these lifesaving training programs into the health curriculum of public elementary and secondary schools will give children and youth these skills. 3. Promoting student access to defibrillation (a) In general The Secretary shall award grants to eligible entities to develop and implement a comprehensive program to promote student access to defibrillation in public elementary schools and secondary schools. (b) Use of funds An eligible entity receiving a grant under subsection (a) may use funds received through such grant to carry out any of the following activities: (1) Developing and providing comprehensive materials to establish AED and CPR programs in public elementary schools and secondary schools. (2) Providing support for CPR and AED training programs in such schools for students, staff, and related sports volunteers. (3) Providing support for developing a cardiac emergency response plan within such schools. (4) Purchasing AEDs that have been approved under section 515 of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 360e 21 U.S.C. 360(k) 21 U.S.C. 360c(f)(2) (5) Purchasing necessary AED batteries and performing necessary AED maintenance (such as by replacing AED pads) in accordance with the labeling of the AED involved. (6) Replacing old and outdated AED and CPR equipment, machinery, and educational materials. (7) Fostering new and existing community partnerships with and among local educational agencies, nonprofit organizations, public health organizations, emergency medical service providers, fire and police departments, and parent-teacher associations to promote the importance of defibrillation in such schools. (8) Aiding school athletic departments to screen student athletes for risk of sudden cardiac arrest, consistent with guidelines of the American Heart Association and the American College of Cardiology. (9) Further developing strategies to improve access to AEDs in such schools. (c) Eligibility; application To be eligible for a grant under subsection (a), an entity shall— (1) be a local educational agency (including a public charter school operating as a local educational agency under State law), in consultation with a qualified health care entity; and (2) submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may reasonably require. (d) Clearinghouse Not later than 1 year after the date of enactment of this Act, the Secretary shall establish a clearinghouse database— (1) to collect and make available information, including through voluntary reporting by local educational agencies, State educational agencies, and manufacturers, relating to student access to defibrillation in public elementary schools and secondary schools, including with respect to the costs of providing AEDs and CPR training; and (2) to gather information in a central location to facilitate research regarding sudden cardiac arrest in the pediatric population. (e) Reports (1) By grantee Not later than 4 years after receipt of a grant under this section, the recipient of the grant shall submit to the Secretary a report that describes the activities carried out with funds received through the grant. (2) By Secretary Not later than one year after receiving the reports required by paragraph (1), the Secretary shall submit to the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Energy and Commerce and the Committee on Education and the Workforce of the House of Representatives a consolidated evaluation of the activities carried out pursuant to grants under this section. (f) Definitions In this section— (1) the term AED (2) the term CPR (3) the terms elementary school local educational agency secondary school 20 U.S.C. 7801 (4) the term qualified health care entity (A) is— (i) a public entity; or (ii) an organization that is described in section 501(c) (B) demonstrates an ability to develop, train, and implement a comprehensive program to promote student access to defibrillation in elementary and secondary schools; and (C) is qualified in providing technical assistance in AED and CPR training; and (5) the term Secretary (g) Authorization of appropriations To carry out this section, there is authorized to be appropriated $25,000,000 for the period of fiscal years 2024 through 2028. | Access to AEDs Act |
Gun Violence Prevention Research Act of 2023 This bill authorizes the Centers for Disease Control and Prevention to conduct or support research on firearms safety or gun violence prevention. | 118 S1026 IS: Gun Violence Prevention Research Act of 2023 U.S. Senate 2023-03-29 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 118th CONGRESS 1st Session S. 1026 IN THE SENATE OF THE UNITED STATES March 29, 2023 Mr. Markey Ms. Duckworth Ms. Cortez Masto Mr. Kaine Ms. Smith Mr. Casey Mr. Murphy Mr. Booker Mr. Welch Mr. Carper Mr. Merkley Mrs. Feinstein Mr. Reed Ms. Warren Ms. Cantwell Mr. Whitehouse Mr. Wyden Mr. Menendez Ms. Klobuchar Ms. Hirono Mr. Durbin Mr. Sanders Mr. Schatz Mr. Blumenthal Mr. Heinrich Mrs. Gillibrand Ms. Baldwin Mr. Coons Committee on Health, Education, Labor, and Pensions A BILL To authorize the appropriation of funds to the Centers for Disease Control and Prevention for conducting or supporting research on firearms safety or gun violence prevention. 1. Short title This Act may be cited as the Gun Violence Prevention Research Act of 2023 2. Funding for research by CDC on firearms safety or gun violence prevention There is authorized to be appropriated to the Centers for Disease Control and Prevention $50,000,000 for each of fiscal years 2024 through 2029 for the purpose of conducting or supporting research on firearms safety or gun violence prevention under the Public Health Service Act ( 42 U.S.C. 201 et seq. | Gun Violence Prevention Research Act of 2023 |
Servicemembers and Veterans Empowerment and Support Act of 2023 This bill modifies and implements policies and procedures related to Department of Veterans Affairs (VA) health care and benefits for veterans who have experienced military sexual trauma (MST), which is generally defined as physical assault of a sexual nature, battery of a sexual nature, or sexual harassment that occurred while the veteran was serving in the military. In the case of any veteran who claims that a covered mental health condition (e.g., post-traumatic stress disorder) based on MST was incurred or aggravated by active service, the VA must consider (1) a diagnosis of the condition by a mental health professional, (2) a medically proven link between current symptoms and MST, and (3) credible supporting evidence that MST occurred. The VA may not deny a veteran's claim of compensation for a covered mental health condition based on MST without first (1) advising the veteran that nonmilitary evidence and behavioral evidence may constitute credible corroborating evidence, and (2) allowing the veteran an opportunity to furnish the corroborating evidence or advise the VA of potential sources of such evidence. The Veterans Benefits Administration must conduct an annual special focus review on the accuracy of the processing of claims for disability compensation for disabilities relating to MST. Additionally, the bill (1) expands access to mental health care at VA facilities for survivors of MST, and (2) requires the Government Accountability Office to report on access to such care for MST survivors. | 118 S1028 IS: Servicemembers and Veterans Empowerment and Support Act of 2023 U.S. Senate 2023-03-29 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 118th CONGRESS 1st Session S. 1028 IN THE SENATE OF THE UNITED STATES March 29, 2023 Mr. Tester Ms. Murkowski Committee on Veterans' Affairs A BILL To amend title 38, United States Code, to expand health care and benefits from the Department of Veterans Affairs for military sexual trauma, and for other purposes. 1. Short title; table of contents (a) Short title This Act may be cited as the Servicemembers and Veterans Empowerment and Support 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—Defining military sexual trauma Sec. 101. Report on military sexual trauma in the digital age. TITLE II—Disability compensation and claims processing Sec. 201. Definition of military sexual trauma. Sec. 202. Conforming changes relating to specialized teams to evaluate claims involving military sexual trauma. Sec. 203. Evaluation of claims involving military sexual trauma. Sec. 204. Choice of location of Department of Veterans Affairs medical examination for assessment of claims for compensation relating to disability resulting from military sexual trauma. Sec. 205. Communications from the Department of Veterans Affairs to individuals who have experienced military sexual trauma. Sec. 206. Study on training and processing relating to claims for disability compensation relating to military sexual trauma. Sec. 207. Annual special focus review of claims for disability compensation for disabilities relating to military sexual trauma. TITLE III—Access to Health Care Sec. 301. Expansion of eligibility for counseling and treatment for military sexual trauma to include all former members of the reserve components of the Armed Forces. Sec. 302. Connection to Veterans Health Administration when a disability claim related to military sexual trauma is submitted to Veterans Benefits Administration. Sec. 303. Pilot program for interim access to mental health care for individuals who have experienced military sexual trauma. Sec. 304. Comptroller General study on access to care from Department of Veterans Affairs for individuals who have experienced military sexual trauma. I Defining military sexual trauma 101. Report on military sexual trauma in the digital age (a) Report required Not later than one year after the date of the enactment of this Act, the Secretary of Veterans Affairs shall submit to the Committee on Veterans’ Affairs of the Senate and the Committee on Veterans’ Affairs of the House of Representatives a report on military sexual trauma in the digital age. (b) Requirements The report required under subsection (a) shall include the following: (1) A comprehensive evaluation and assessment of current Department of Veterans Affairs statutes, regulations, and agency guidance relating to military sexual trauma for the purposes of access to health care under chapter 17 (A) gaps in coverage for health care and compensation eligibility relating to military sexual trauma involving online or other technological communications; and (B) the feasibility and advisability of expanding health care and compensation for trauma that is nonsexual in nature involving online or other technological communications. (2) Recommendations for revising statutes, regulations, and agency guidance in response to the evaluation and assessment under paragraph (1). (c) Consultation In carrying out subsection (a), the Secretary of Veterans Affairs shall consult veterans service organizations and such other stakeholders as the Secretary considers relevant and appropriate. (d) Military sexual trauma defined In this section, the term military sexual trauma (1) with respect to eligibility for health care, has the meaning given such term in section 1720D(f) of title 38, United States Code, as added by section 301; and (2) with respect to eligibility for compensation, has the meaning given such term in section 1169(i) of title 38, United States Code, as added by section 203(a). II Disability compensation and claims processing 201. Definition of military sexual trauma In this title, the term military sexual trauma 202. Conforming changes relating to specialized teams to evaluate claims involving military sexual trauma Subsection (d) of section 1166 of title 38, United States Code, is amended to read as follows: (a) Definitions In this section, the terms covered mental health condition military sexual trauma . 203. Evaluation of claims involving military sexual trauma (a) In general Subchapter VI of chapter 11 of such title is amended by inserting after section 1166 the following new section: 1166A. Evaluation of claims involving military sexual trauma (a) In general (1) In the case of any veteran who claims that a covered mental health condition based on military sexual trauma was incurred in or aggravated by active military, naval, air, or space service, the Secretary shall consider the following: (A) A diagnosis of such mental health condition by a mental health professional. (B) A link, established by medical evidence, between current symptoms and a military sexual trauma. (C) Credible supporting evidence, in accordance with subsections (b) and (c) that the claimed military sexual trauma occurred. (2) The reasons for granting or denying service-connection in each case described in paragraph (1) shall be recorded in full. (b) Nonmilitary sources of evidence (1) For purposes of subsection (a), evidence from sources other than official records of the Department of Defense regarding the veteran's active military, naval, air, or space service may corroborate the veteran's account of the trauma. (2) Examples of evidence described in paragraph (1) include the following: (A) Records from law enforcement authorities, rape crisis centers, mental health counseling centers, hospitals, and physicians. (B) Pregnancy tests and tests for sexually transmitted diseases. (C) Statements from family members, roommates, other members of the Armed Forces or veterans, and clergy. (c) Evidence of behavior changes (1) For purposes of subsection (a), evidence of a behavior change following military sexual trauma is one type of relevant evidence that may be found in sources described in such subsection. (2) Examples of behavior changes that may be relevant evidence of military sexual trauma include the following: (A) A request for a transfer to another military duty assignment. (B) Deterioration in work performance. (C) Substance abuse or substance use disorder. (D) Episodes of depression, panic attacks, or anxiety without an identifiable cause. (E) Unexplained economic or social behavior changes. (d) Notice and opportunity To supply evidence The Secretary may not deny a claim of a veteran for compensation under this chapter for a covered mental health condition that is based on military sexual trauma without first— (1) advising the veteran that evidence described in subsections (b) and (c) may constitute credible corroborating evidence of the military sexual trauma; and (2) allowing the veteran an opportunity to furnish such corroborating evidence or advise the Secretary of potential sources of such evidence. (e) Review of evidence In reviewing a claim for compensation described in subsection (a)(1), for any evidence identified as part of such claim that is described in subsection (b) or (c), the Secretary shall submit such evidence to such medical or mental health professional as the Secretary considers appropriate, including clinical and counseling experts employed by the Department, to obtain an opinion as to whether the evidence indicates that a military sexual trauma occurred. (f) Point of contact The Secretary shall ensure that each document provided to a veteran relating to a claim for compensation described in subsection (a)(1) includes contact information for an appropriate point of contact with the Department. (g) Specialized teams The Secretary shall ensure that all claims for compensation described in subsection (a)(1) are reviewed and processed by a specialized team established under section 1166 of this title. (h) Rule of construction regarding application to nonsexual personal assault The Secretary shall not construe this section as supplanting the standard of proof or evidence required for claims for posttraumatic stress disorder based on nonsexual personal assault, which the Secretary shall continue to define in regulation. (i) Definitions In this section: (1) The term covered mental health condition (2) The term mental health professional (3) The term military sexual trauma . (b) Outreach Not later than 180 days after the date of the enactment of this Act, the Secretary of Veterans Affairs shall implement, with input from the veteran community, an informative outreach program for veterans regarding the standard of proof for evaluation of claims relating to military sexual trauma, including requirements for a medical examination and opinion. (c) Clerical amendment The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 1166 the following new item: 1166A. Evaluation of claims involving military sexual trauma. . 204. Choice of location of Department of Veterans Affairs medical examination for assessment of claims for compensation relating to disability resulting from military sexual trauma (a) In general Section 1165 of title 38, United States Code, is amended— (1) in the section heading, by inserting and location of medical examination examiner (2) in subsection (a), by striking a physical assault of a sexual nature, battery of a sexual nature, or sexual harassment military sexual trauma (as defined in section 1166A(i) of this title) (3) by redesignating subsection (c) as subsection (d); and (4) by inserting after subsection (b) the following new subsection (c): (c) Choice of examination location (1) The Secretary shall ensure that a veteran who requires a medical examination in support of a claim described in subsection (a) may request that the medical examination take place at a medical facility of the Department by a qualified employee of the Department rather than at a location designated by a Department contractor that performs such examinations on behalf of the Department. (2) The Secretary— (A) shall grant any request under paragraph (1) if a medical facility of the Department is available not further than 100 miles from the veteran’s home; and (B) may not issue a decision on a claim described in such paragraph before the requested examination is completed, or notice is provided per paragraph (c)(3). (3) If a medical facility of the Department is not available within 100 miles of the veteran’s home, the Secretary shall notify the veteran and provide the veteran the opportunity— (A) to have the examination completed by a contractor of the Department; or (B) to complete the examination at a medical facility further than 100 miles from the veteran’s home. . (b) Clerical amendment The table of sections at the beginning of chapter 11 of such title is amended by striking the item relating to section 1165 and inserting the following new item: 1165. Choice of sex of medical examiner and location of medical examination for certain disabilities. . 205. Communications from the Department of Veterans Affairs to individuals who have experienced military sexual trauma (a) Review board (1) In general The Secretary of Veterans Affairs shall establish a board to review correspondence relating to military sexual trauma. (2) Membership The board established under paragraph (1) shall be composed of members who shall be appointed by the Secretary from among employees of the Department of Veterans Affairs who are experts in military sexual trauma and mental health, of whom— (A) one or more shall be appointed from among mental health providers of the Veterans Health Administration; (B) one or more shall be appointed from among experts on sexual assault and sexual harassment of the Veterans Benefits Administration; and (C) one or more shall be appointed from among experts on sexual assault and sexual harassment of the Board of Veterans’ Appeals. (3) Duties The board established under paragraph (1) shall— (A) review standard correspondence, which may include templates for notices under sections 5103, 5104, 5104B, and 7104 of title 38, United States Code, from the Department to individuals who have experienced military sexual trauma for sensitivity; and (B) ensure that the correspondence— (i) treats such individuals with dignity and respect; and (ii) does not re-traumatize such individuals. (4) Individual who has experienced military sexual trauma defined In this subsection, the term individual who has experienced military sexual trauma (A) a veteran who has filed a claim for compensation under chapter 11 (B) a veteran who has been awarded compensation under such chapter relating to military sexual trauma; or (C) a former member of the Armed Forces or a veteran who is receiving care from the Department relating to military sexual trauma. (b) Contents of certain written communications to individuals who have experienced military sexual trauma (1) Notice to claimants of required information and evidence Section 5103 of title 38, United States Code, is amended by adding at the end the following new subsection: (c) Written communications to individuals who have experienced military sexual trauma (1) The Secretary shall ensure that any written communication under this section from the Department to an individual who has experienced military sexual trauma includes contact information for each of the following: (A) The military sexual trauma coordinator of the Veterans Benefits Administration. (B) The military sexual trauma coordinator of the Veterans Health Administration. (C) The Veterans Crisis Line. (D) The facility of the Veterans Health Administration closest to where the individual resides. (2) In this subsection: (A) The term individual who has experienced military sexual trauma (i) a veteran who has filed a claim for compensation under chapter 11 of this title relating to military sexual trauma; (ii) a veteran who has been awarded compensation under such chapter relating to military sexual trauma; or (iii) a former member of the Armed Forces or a veteran who is receiving care from the Department relating to military sexual trauma. (B) The term military sexual trauma (C) The term Veterans Crisis Line . (2) Decisions and notices of decisions Section 5104 of title 38, United States Code, is amended by adding at the end the following new subsection: (e) (1) The Secretary shall ensure that any written communication under this section from the Department to an individual who has experienced military sexual trauma includes contact information for each of the following: (A) The military sexual trauma coordinator of the Veterans Health Administration. (B) The Veterans Crisis Line. (C) The facility of the Veterans Health Administration closest to where the individual resides. (2) The Secretary shall ensure that any written communication under this section from the Department to an individual who has experienced military sexual trauma that includes notification of an award of compensation under chapter 11 of this title relating to military sexual trauma includes— (A) the contact information described in paragraph (1); and (B) the contact information for the military sexual trauma coordinator of the Veterans Benefits Administration. (3) In this subsection: (A) The term individual who has experienced military sexual trauma (i) a veteran who has filed a claim for compensation under chapter 11 of this title relating to military sexual trauma; (ii) a veteran who has been awarded compensation under such chapter relating to military sexual trauma; or (iii) a former member of the Armed Forces or a veteran who is receiving care from the Department relating to military sexual trauma. (B) The term military sexual trauma (C) The term Veterans Crisis Line . (3) Higher-level review by the agency of original jurisdiction Section 5104B of title 38, United States Code, is amended by adding at the end the following new subsection: (f) Written communications to individuals who have experienced military sexual trauma (1) The Secretary shall ensure that any written communication under this section from the Department to an individual who has experienced military sexual trauma includes contact information for each of the following: (A) The military sexual trauma coordinator of the Veterans Health Administration. (B) The Veterans Crisis Line. (C) The facility of the Veterans Health Administration closest to where the individual resides. (2) The Secretary shall ensure that any written communication under this section from the Department to an individual who has experienced military sexual trauma that includes notification of an award of compensation under chapter 11 of this title relating to military sexual trauma includes— (A) the contact information described in paragraph (1); and (B) the contact information for the military sexual trauma coordinator of the Veterans Benefits Administration. (3) In this subsection: (A) The term individual who has experienced military sexual trauma (i) a veteran who has filed a claim for compensation under chapter 11 of this title relating to military sexual trauma; (ii) a veteran who has been awarded compensation under such chapter relating to military sexual trauma; or (iii) a former member of the Armed Forces or a veteran who is receiving care from the Department relating to military sexual trauma. (B) The term military sexual trauma (C) The term Veterans Crisis Line . (4) Board of Veterans’ Appeals Section 7104 of title 38, United States Code, is amended by adding at the end the following new subsection: (g) (1) The Secretary shall ensure that any written communication under this section from the Department to an individual who has experienced military sexual trauma includes contact information for each of the following: (A) The military sexual trauma coordinator of the Veterans Health Administration. (B) The Veterans Crisis Line. (C) The facility of the Veterans Health Administration closest to where the individual resides. (2) The Secretary shall ensure that any written communication under this section from the Department to an individual who has experienced military sexual trauma that includes notification of an award of compensation under chapter 11 of this title relating to military sexual trauma includes— (A) the contact information described in paragraph (1); and (B) the contact information for the military sexual trauma coordinator of the Veterans Benefits Administration. (3) In this subsection: (A) The term individual who has experienced military sexual trauma (i) a veteran who has filed a claim for compensation under chapter 11 of this title relating to military sexual trauma; (ii) a veteran who has been awarded compensation under such chapter relating to military sexual trauma; or (iii) a former member of the Armed Forces or a veteran who is receiving care from the Department relating to military sexual trauma. (B) The term military sexual trauma (C) The term Veterans Crisis Line . 206. Study on training and processing relating to claims for disability compensation relating to military sexual trauma (a) Study required The Secretary of Veterans Affairs shall conduct a study on— (1) the quality of training provided to personnel of the Department of Veterans Affairs who review claims for disability compensation under chapter 11 (2) the quality of the procedures of the Department for reviewing the accuracy of the processing of such claims. (b) Elements The study required by subsection (a) shall include the following: (1) With respect to the quality of training described in paragraph (1) of such subsection: (A) Whether the Department ensures personnel complete such training on time. (B) Whether the training has resulted in improvements to the processing of claims described in such subsection and issue-based accuracy. (C) Such recommendations as the Secretary of Veterans Affairs may have for improving the training. (2) With respect to the quality of procedures described in paragraph (2) of such subsection: (A) Whether the procedures of the Department for reviewing the accuracy of the processing of claims described in such subsection comport with generally accepted statistical methodologies to ensure reasonable accuracy of such reviews. (B) Whether such procedures adequately include mechanisms to correct errors found in such reviews. (C) Such recommendations as the Secretary may have for improving such procedures. (c) Report required Not later than one year after the date of the enactment of this Act, 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 detailing the findings of the Secretary with respect to the study conducted under subsection (a). 207. Annual special focus review of claims for disability compensation for disabilities relating to military sexual trauma (a) Annual special focus review (1) In general Each year, the Under Secretary for Benefits of the Department of Veterans Affairs shall conduct a special focus review on the accuracy of the processing of claims for disability compensation under chapter 11 (2) Elements Each review conducted under paragraph (1) shall include a review of the following: (A) A statistically significant, nationally representative sample of all claims for benefits under the laws administered by the Secretary of Veterans Affairs relating to military sexual trauma filed during the fiscal year preceding the fiscal year in which the report is submitted. (B) The accuracy of each decision made with respect to each claim described in subparagraph (A). (C) The types of benefit entitlement errors found, disaggregated by category. (D) Trends from year to year. (E) Training completion rates for personnel of the Department who process claims described in paragraph (1). (b) Reprocessing of claims If the Under Secretary finds, pursuant to a special focus review conducted under subsection (a)(1), that an error was made with respect to the entitlement of a veteran to a benefit under the laws administered by the Secretary, the Secretary shall return the relevant claim of the veteran to the appropriate regional office of the Department for reprocessing to ensure that the veteran receives an accurate decision with respect to the claim. (c) Re-Reviewing of claims If the Under Secretary finds, pursuant to a special focus review conducted under paragraph (1) of subsection (a), that the accuracy rate, under paragraph (2)(B) of such subsection, is less than 90 percent, the Secretary shall conduct a review of each claim for benefits under the laws administered by the Secretary of Veterans Affairs relating to military sexual trauma filed during the fiscal year preceding the fiscal year in which the report is submitted. (d) Report Section 5501(b)(2) of the Johnny Isakson and David P. Roe, M.D. Veterans Health Care and Benefits Improvement Act of 2020 ( Public Law 116–315 (I) The findings of the most recent special focus review conducted under subsection (a)(1) of section 207 of the Servicemembers and Veterans Empowerment and Support Act of 2023 (i) the elements under subsection (a)(2) of such section; (ii) the number of claims returned for reprocessing under subsection (b) of such section; and (iii) the number of claims described in clause (ii) for which the decision relating to service-connection or entitlement to compensation changed as a result of reprocessing the claim. . (e) Sunset On the date that the Under Secretary determines, pursuant to special focus reviews conducted under paragraph (1) of subsection (a), that the accuracy rates under paragraph (2)(B) of such subsection have been 95 percent or greater for five consecutive years— (1) subsection (a)(1) shall cease to be in effect; and (2) subparagraph (I) of section 5501(b)(2) of the Johnny Isakson and David P. Roe, M.D. Veterans Health Care and Benefits Improvement Act of 2020 ( Public Law 116–315 III Access to Health Care 301. Expansion of eligibility for counseling and treatment for military sexual trauma to include all former members of the reserve components of the Armed Forces Section 1720D of title 38, United States Code, is amended— (1) in subsection (a)— (A) in paragraph (1), by striking a physical assault military sexual trauma. (B) in paragraph (2)(A), by striking was suffered resulted from military sexual trauma. (2) by striking subsections (f) and (g) and inserting the following new subsection (f): (f) In this section: (1) The term former member of the Armed Forces (A) a discharge by court-martial; or (B) a discharge subject to a bar to benefits under section 5303 of this title. (2) The term military sexual trauma (3) The term sexual harassment . 302. Connection to Veterans Health Administration when a disability claim related to military sexual trauma is submitted to Veterans Benefits Administration (a) In general Not later than 14 days after the date on which a veteran submits a claim for disability compensation to the Veterans Benefits Administration for a disability related to military sexual trauma, the Secretary of Veterans Affairs shall send a communication to the veteran with the following information: (1) The contact information for the nearest military sexual trauma coordinator for the veteran at the Veterans Benefits Administration and a description of the assistance such coordinator can provide. (2) The contact information for the nearest military sexual trauma coordinator for the veteran at the Veterans Health Administration and a description of the assistance such coordinator can provide. (3) The types of services that individuals who have experienced military sexual trauma are eligible to receive from the Department of Veterans Affairs, including the nearest locations and the contact information for such services. (4) The contact information for the Veterans Crisis Line established under section 1720F(h) of title 38, United States Code. (5) Such other information on services, care, or resources for military sexual trauma as the Secretary determines appropriate. (b) Definition of military sexual trauma In this section, the term military sexual trauma 303. Pilot program for interim access to mental health care for individuals who have experienced military sexual trauma (a) In general Commencing not later than one year after the date of the enactment of this Act, the Secretary of Veterans Affairs shall carry out a pilot program to provide intensive outpatient mental health care to current and former members of the Armed Forces who have experienced military sexual trauma when the wait times for residential mental health care from the Department of Veterans Affairs for the individual is more than 14 days. (b) Duration The Secretary shall carry out the pilot program under subsection (a) for a three-year period beginning on the commencement of the pilot program. (c) Locations (1) In general The Secretary shall carry out the pilot program under subsection (a) at not fewer than four Veterans Integrated Service Networks of the Department. (2) Selection of locations In selecting locations for the pilot program under subsection (a), the Secretary shall select locations that have the longest wait times for residential mental health care, particularly for individuals who have experienced military sexual trauma. (3) Notification Before commencing the pilot program under subsection (a), the Secretary shall notify the Committee on Veterans' Affairs of the Senate and the Committee on Veterans’ Affairs of the House of Representatives of the locations selected for the pilot program. (d) Types of services Subject to the preference of the individual participating in the pilot program under subsection (a) and the capacity of facilities of the Department, the Secretary may provide services under the pilot program via telehealth or in person at a facility of the Department. (e) Participation (1) Clarification on participation Participation by an individual in the pilot program under subsection (a) shall be during the period in which the individual is waiting for a residential mental health bed opening and shall not disqualify the individual from receiving residential mental health care following their participation in the pilot program. (2) Decisions on participation Decisions about the participation of an individual in the pilot program and the transition of the individual to residential mental health care shall be made by the individual and their health care provider. (f) Report Not later than 180 days after the conclusion of the pilot program under subsection (a), the Secretary shall submit to Congress a report on— (1) participation in the pilot program; (2) clinical outcomes under the pilot program; and (3) such recommendations for continuation or termination of the program as the Secretary may have, including recommendations for legislative or administrative action. (g) Definition of military sexual trauma In this section, the term military sexual trauma 304. Comptroller General study on access to care from Department of Veterans Affairs for individuals who have experienced military sexual trauma (a) In general The Comptroller General of the United States shall conduct a study on access to mental health care at facilities of the Department of Veterans Affairs for individuals who have experienced military sexual trauma. (b) Elements The study conducted under subsection (a) shall include an assessment of the following: (1) The availability of residential and outpatient services, including wait times and geographic disparities for such services, to include— (A) an assessment of the availability of bed spaces in the mental health residential rehabilitation treatment programs of the Department of Veterans Affairs for individuals who have experienced military sexual trauma, including an assessment of the suitability of those programs for such individuals and the wait times for services under those programs; (B) an assessment of geographic disparities in access to those programs for individuals who have experienced military sexual trauma, including by region and by rural and urban areas; (C) an assessment of alternative care options provided when an individual who has experienced military sexual trauma is waiting for residential care, the efficacy of those alternatives, and the satisfaction of patients with those alternatives; (D) recommendations for reducing the average wait time for services under those programs to 14 days or less, including by increasing bed space or addressing staffing needs; and (E) an assessment of the satisfaction of patients with the tracks of those programs specific to military sexual trauma, an assessment of the wait times for services under those tracks, and recommendations for increasing or changing the number of locations for services under those tracks to better meet the needs of individuals who have experienced military sexual trauma. (2) The communication and advertisement by the Department of the care, services, and resources available for individuals who have experienced military sexual trauma. (3) The barriers to accessing health care related to military sexual trauma at a facility of the Department for individuals who have experienced military sexual trauma, including transportation, child care, lack of telehealth, gender-specific barriers, and more. (4) The extent to which the Secretary has assessed the quality of the training provided to providers of the Department on military sexual trauma and made any adjustments in response to such assessment. (5) The role of Vet Centers in providing care to individuals who have experienced military sexual trauma, including current and former members of the Armed Forces. (6) Any current actions by the Secretary to strengthen access to high-quality care for individuals who have experienced military sexual trauma and such recommendations for improving access to care for such individuals as the Comptroller General considers appropriate. (c) Report Not later than two years after the date of the enactment of this Act, the Comptroller General shall submit to Congress a report on the findings of the study conducted under subsection (a). (d) Definitions In this section: (1) Military sexual trauma The term military sexual trauma (2) Vet Center The term Vet Center | Servicemembers and Veterans Empowerment and Support Act of 2023 |
Protecting Military Servicemembers' Data Act of 2023 This bill prohibits businesses that collect consumer personal information from selling lists containing the personal information of members of the Armed Forces to North Korea, China, Russia, or Iran. The bill provides enforcement authority to the Federal Trade Commission and state attorneys general. | 118 S1029 IS: Protecting Military Servicemembers' Data Act of 2023 U.S. Senate 2023-03-29 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 118th CONGRESS 1st Session S. 1029 IN THE SENATE OF THE UNITED STATES March 29, 2023 Mr. Cassidy Ms. Warren Mr. Rubio Committee on Commerce, Science, and Transportation A BILL To prohibit data brokers from selling, reselling, trading, licensing, or otherwise providing for consideration lists of military servicemembers to a covered nation. 1. Short title This Act may be cited as the Protecting Military Servicemembers' Data Act of 2023 2. Unfair and deceptive acts and practices relating to military servicemember lists (a) In general It shall be unlawful for a data broker to sell, resell, license, trade, or otherwise provide or make available for consideration a military servicemember list to any covered nation. (b) Effective date The prohibition under subsection (a) shall take effect on the earlier of— (1) the date the Commission issues the final rule under section 3(a)(3); or (2) 1 year after the date of enactment of this Act. 3. Enforcement (a) Enforcement by the Federal Trade Commission (1) Unfair or deceptive acts or practices A violation of section 2 shall be treated as a violation of a rule defining an unfair or a deceptive act or practice under section 18(a)(1)(B) of the Federal Trade Commission Act ( 15 U.S.C. 57a(a)(1)(B) (2) Powers of Commission (A) In general Except as provided in subparagraphs (D) and (E), the Commission shall enforce section 2 in the same manner, by the same means, and with the same jurisdiction, powers, and duties as though all applicable terms and provisions of the Federal Trade Commission Act 15 U.S.C. 41 et seq. (B) Privileges and immunities Any person who violates section 2 shall be subject to the penalties and entitled to the privileges and immunities provided in the Federal Trade Commission Act ( 15 U.S.C. 41 et seq. (C) Authority preserved Nothing in this Act shall be construed to limit the authority of the Federal Trade Commission under any other provision of law. (D) Nonprofit organizations Notwithstanding section 4 of the Federal Trade Commission Act ( 15 U.S.C. 44 (E) Independent litigation authority In any case in which the Commission has reason to believe that a data broker is violating or has violated section 2, the Commission may bring a civil action in an appropriate district court of the United States— (i) to enjoin further violation of such section by such person; (ii) to compel compliance with such section; and (iii) to obtain damages, restitution, or other compensation on behalf of aggrieved consumers. (3) Rulemaking Pursuant to section 553 of title 5, United States Code, the Commission shall promulgate regulations to carry out the provisions of this Act. The Commission shall issue a final rule by not later than 1 year after the date of enactment of this Act. (b) Enforcement by States (1) 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 the engagement of any data broker subject to section 2 in a practice that violates such section, 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— (A) to enjoin further violation of such section by such person; (B) to compel compliance with such section; and (C) to obtain damages, restitution, or other compensation on behalf of such residents. (2) Rights of Federal Trade Commission (A) Notice to Federal Trade Commission (i) In general Except as provided in clause (iii), the attorney general of a State shall notify the Commission in writing that the attorney general intends to bring a civil action under paragraph (1) not later than 10 days before initiating the civil action. (ii) Contents The notification required by clause (i) with respect to a civil action shall include a copy of the complaint to be filed to initiate the civil action. (iii) Exception If it is not feasible for the attorney general of a State to provide the notification required by clause (i) before initiating a civil action under paragraph (1), the attorney general shall notify the Commission immediately upon instituting the civil action. (B) Intervention by Federal Trade Commission The Commission may— (i) intervene in any civil action brought by the attorney general of a State under paragraph (1); and (ii) upon intervening— (I) be heard on all matters arising in the civil action; and (II) file petitions for appeal of a decision in the civil action. (3) Investigatory powers Nothing in this subsection may be construed to prevent the attorney general of a State from exercising the powers conferred on the attorney general by the laws of the State to conduct investigations, to administer oaths or affirmations, or to compel the attendance of witnesses or the production of documentary or other evidence. (4) Preemptive action by Federal Trade Commission If the Commission institutes a civil action or an administrative action with respect to a violation of section 2, the attorney general of a State may not, during the pendency of such action, bring a civil action under paragraph (1) against any defendant named in the complaint of the Commission for the violation with respect to which the Commission instituted such action. (5) Venue; service of process (A) Venue Any action brought under paragraph (1) may be brought in— (i) the district court of the United States that meets applicable requirements relating to venue under section 1391 of title 28, United States Code; or (ii) another court of competent jurisdiction. (B) Service of process In an action brought under paragraph (1), process may be served in any district in which the defendant— (i) is an inhabitant; or (ii) may be found. 4. Definitions In this Act: (1) Commission The term Commission (2) Consumer The term consumer (3) Covered nation The term covered nation (4) Data broker The term data broker (5) Military servicemember list The term military servicemember list (6) Personal information The term personal information (7) Public record information The term public record information (8) State The term State | Protecting Military Servicemembers' Data Act of 2023 |
Defending Domestic Orange Juice Production Act of 2023 This bill requires finished pasteurized orange juice to contain at least 10% by weight of orange juice soluble solids (currently 10.5%), exclusive of the solids of any added optional sweetening ingredients. | 118 S103 IS: Defending Domestic Orange Juice Production Act of 2023 U.S. Senate 2023-01-26 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 118th CONGRESS 1st Session S. 103 IN THE SENATE OF THE UNITED STATES January 26, 2023 Mr. Rubio Mr. Scott of Florida Committee on Health, Education, Labor, and Pensions A BILL To modify the minimum required weight of orange juice soluble solids. 1. Short title This Act may be cited as the Defending Domestic Orange Juice Production Act of 2023 2. Revision of pasteurized orange juice standards (a) In general Effective on the date of enactment of this Act, the standard of identity for pasteurized orange juice (b) Regulation authority Nothing in this section shall be construed to limit the authority of the Secretary of Health and Human Services to promulgate regulations to amend the standard of identity for pasteurized orange juice. | Defending Domestic Orange Juice Production Act of 2023 |
Air Tour and Sport Parachuting Safety Improvement Act of 2023 This bill requires the Federal Aviation Administration (FAA) to update safety standards for commercial air tour operators (i.e., sightseeing airplane and helicopter flights). Within three years of the bill's enactment, all commercial air tour operators, with exceptions, must hold an air carrier certificate or commercial operator certificate. The FAA must implement procedures to improve the process for obtaining these certificates. The FAA must also issue regulations requiring commercial air tour operators and other specified operators to implement appropriate safety management systems. This is a formal, organization-wide approach to safety risk that includes systematic procedures, practices, and policies. The FAA must issue new or revised regulations requiring that all certificated commercial air tour operators incorporate into their training programs avoidance training for controlled flight into terrain and in-flight loss of control. The FAA must also convene aviation rulemaking committees and, within three years of the bill's enactment, issue final regulations establishing a performance-based standard for flight data monitoring for all commercial air tour operators, requiring all commercial air tour operators to install flight data recording devices and implement a flight data monitoring program, establishing methods to provide effective traffic avoidance in identified high-traffic tour areas (e.g., requiring air tour operators to be equipped with Automatic Dependent Surveillance-Broadcast (ADS-B) surveillance technology), and governing specified issues related to sports parachute operations conducted in the United States. | 118 S1032 IS: Air Tour and Sport Parachuting Safety Improvement Act of 2023 U.S. Senate 2023-03-29 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 118th CONGRESS 1st Session S. 1032 IN THE SENATE OF THE UNITED STATES March 29, 2023 Mr. Schatz Ms. Hirono Committee on Commerce, Science, and Transportation A BILL To reform Federal Aviation Administration safety requirements for commercial air tour operators, and for other purposes. 1. Short title This Act may be cited as the Air Tour and Sport Parachuting Safety Improvement Act of 2023 2. Definitions In this Act: (1) Administrator The term Administrator (2) Air carrier The term air carrier (3) Commercial air tour The term commercial air tour (4) Commercial air tour operator The term commercial air tour operator (5) Parachute operation The term parachute operation 3. Safety management system requirements for certain operators Not later than 24 months after the date of enactment of this Act, the Administrator shall issue a final rule requiring each person holding a certificate under part 119 of title 14, Code of Federal Regulations, and authorized to conduct operations in accordance with the provisions of part 135 of title 14, Code of Federal Regulations, to implement a safety management system, as appropriate for the operations. 4. Other safety requirements for commercial operators (a) Safety reforms (1) Authority to conduct nonstop commercial air tours (A) In general Subject to subparagraph (B), beginning on the date that is 3 years after the date of enactment of this Act, no person may conduct commercial air tours unless that person— (i) holds a certificate identifying the person as an air carrier or commercial operator under part 119 of title 14, Code of Federal Regulations; and (ii) conducts all commercial air tours under the applicable provisions of part 121 or part 135 of title 14, Code of Federal Regulations. (B) Temporary exception Notwithstanding the requirements of subparagraph (A), for a period of 5 years after the date described in subparagraph (A), a person who holds a letter of authorization issued by the Administrator to conduct nonstop commercial air tours under section 91.147 of title 14, Code of Federal Regulations, may continue to conduct nonstop commercial air tours under such letter of authorization so long as the person— (i) as of the date of enactment of this section, has submitted (or not later than 18 months after such date of enactment, submits) an application to the Administrator for an air carrier certificate under part 119, Code of Federal Regulations; and (ii) has not been issued such part 119 certificate or received a denial of the application submitted under clause (i). (C) Reporting required Beginning on the date that is 3 years after the date of enactment, and every 12 months thereafter, each person that conducts commercial air tours (including any person excluded from the certificate requirement under subparagraph (B)) shall report to the Administrator the total number of commercial air tours that person conducted during the previous 12 months. (D) Other terms The Administrator shall— (i) revise title 14, Code of Federal Regulations, to include definitions for the terms aerial work aerial photography (ii) to the extent necessary, revise section 119.1(e)(4)(iii) of title 14, Code of Federal Regulations, to conform with the requirements of such definitions. (2) Additional safety requirements Not later than 3 years after the date of enactment of this Act, the Administrator shall issue new or revised regulations that shall require all certificated commercial air tour operators to incorporate avoidance training for controlled flight into terrain and in-flight loss of control into the training program required under part 121 or 135 of title 14, Code of Federal Regulations, as applicable. The training shall address reducing the risk of accidents involving unintentional flight into instrument meteorological conditions to address day, night, and low visibility environments with special attention paid to research available as of the date of enactment of this Act on human factors issues involved in such accidents, including but not limited to— (A) specific terrain, weather, and infrastructure challenges relevant in the local operating environment that increase the risk of such accidents; (B) pilot decision-making relevant to the avoidance of instrument meteorological conditions while operating under visual flight rules; (C) use of terrain awareness displays; (D) spatial disorientation risk factors and countermeasures; and (E) strategies for maintaining control, including the use of automated systems. (b) Aviation rulemaking committee (1) In general The Administrator, shall convene an aviation rulemaking committee to review and develop findings and recommendations to inform— (A) establishing a performance-based standard for flight data monitoring for all commercial air tour operators that reviews all available data sources to identify deviations from established areas of operation and potential safety issues; (B) requiring all commercial air tour operators to install flight data recording devices capable of supporting collection and dissemination of the data incorporated in the Flight Operational Quality Assurance Program (or, if an aircraft cannot be retrofitted with such equipment, requiring the commercial air tour operator for such aircraft to collect and maintain flight data through alternative methods); (C) requiring all commercial air tour operators to implement a flight data monitoring program, such as a Flight Operational Quality Assurance Program; (D) establishing methods to provide effective terrain awareness and warning; and (E) establishing methods to provide effective traffic avoidance in identified high-traffic tour areas, such as requiring air tour operators that operate within those areas be equipped with an Automatic Dependent Surveillance-Broadcast Out- and In-supported traffic advisory system that— (i) includes both visual and aural alerts; (ii) is driven by an algorithm designed to eliminate nuisance alerts; and (iii) is operational during all flight operations. (2) Membership The aviation rulemaking committee shall consist of members appointed by the Administrator, including— (A) representatives of industry, including manufacturers of aircraft and aircraft technologies; (B) representatives of aviation operator organizations; and (C) aviation safety experts with specific knowledge of safety management systems and flight data monitoring programs under part 135 of title 14, Code of Federal Regulations. (3) Duties (A) In general The Administrator shall direct the aviation rulemaking committee to make findings and submit recommendations regarding each of the matters specified in subparagraphs (A) through (E) of paragraph (1). (B) Considerations In carrying out its duties under subparagraph (A), the Administrator shall direct the aviation rulemaking committee to consider— (i) recommendations of the National Transportation Safety Board; (ii) recommendations of previous aviation rulemaking committees that reviewed flight data monitoring program requirements on part 135 commercial operators; (iii) recommendations from industry safety organizations, including but not limited to the Vertical Aviation Safety Team (VAST), the General Aviation Joint Safety Committee, and the United States Helicopter Safety Team (USHST); (iv) scientific data derived from a broad range of flight data recording technologies capable of continuously transmitting and that support a measurable and viable means of assessing data to identify and correct hazardous trends; (v) appropriate use of data for modifying behavior to prevent accidents; (vi) the need to accommodate technological advancements in flight data recording technology; (vii) data gathered from aviation safety reporting programs; (viii) appropriate methods to provide effective terrain awareness and warning system (TAWS) protections while mitigating nuisance alerts for aircraft; (ix) the need to accommodate the diversity of airworthiness standards under part 27 and part 29 of title 14, Code of Federal Regulations; (x) the need to accommodate diversity of operations and mission sets; (xi) benefits of third-party data analysis for large and small operations; (xii) accommodations necessary for small businesses; and (xiii) other issues as necessary. (4) Reports and regulations The Administrator shall— (A) not later than 20 months after the date of enactment of this Act, submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report based on the findings of the aviation rulemaking committee; (B) not later than 12 months after the date of submission of the report under subparagraph (A), and after consideration of the recommendations of the aviation rulemaking committee, issue an intent to proceed with proposed rulemakings regarding each of the matters specified in subparagraphs (A) through (E) of paragraph (1); and (C) not later than 3 years after the date of enactment of this Act, issue a final rule with respect to each of the matters specified in such subparagraphs of paragraph (1). 5. Expedited process for obtaining operating certificates (a) In general The Administrator shall implement procedures to improve the process for obtaining operating certificates under part 119 of title 14, Code of Federal Regulations. (b) Considerations In carrying out subsection (a), beginning on the date that is 18 months after the date of enactment of this Act, the Administrator shall give priority consideration to operators that must obtain a certificate in accordance with section 4(a)(1) of this Act. (c) Report required Not later than 1 year after the date of enactment of this Act, the Administrator shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report describing— (1) how the procedures implemented under subsection (a) will increase the efficiency of the process for obtaining operating certificates under part 119 of title 14, Code of Federal Regulations, and, if applicable, certificates authorizing operations under part 135 of such title; (2) how considerations under subsection (b) will be incorporated into procedures implemented under subsection (a); and (3) any additional resources required to implement procedures under subsection (a). (d) Additional reports required Not later than 3 years after the date of enactment of this Act, and annually thereafter the Administrator shall submit a report to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives that— (1) includes— (A) data on certification approvals and denials; and (B) data on duration of key phases of the certification process; and (2) identifies certification policies in need of reform or repeal. 6. Safety requirements for sport parachute operations (a) Aviation rulemaking committee The Administrator, shall convene an aviation rulemaking committee to review and develop findings and recommendations to inform— (1) rulemaking governing parachute operations conducted in the United States that are subject to the requirements of part 105 of title 14, Code of Federal Regulations, to address— (A) Federal Aviation Administration-approved aircraft maintenance and inspection programs that consider, at a minimum, requirements for compliance with engine manufacturers’ recommended maintenance instructions, such as service bulletins and service information letters for time between overhauls and component life limits; (B) initial and annual recurrent pilot proficiency checking programs for pilots conducting parachute operations that address, at a minimum, operation- and aircraft-specific weight and balance calculations, preflight inspections, emergency and recovery procedures, and parachutist egress procedures for each type of aircraft flown; and (C) initial and annual recurrent pilot review programs for parachute operations pilots that address, at a minimum, operation-specific and aircraft-specific weight and balance calculations, preflight inspections, emergency and recovery procedures, and parachutist egress procedures for each type of aircraft flown, as well as competency flight checks to determine pilot competence in practical skills and techniques in each type of aircraft; (2) the revision of guidance material contained in Advisory Circular 105–2E (relating to sport parachute jumping), to include guidance for parachute operations in implementing the Federal Aviation Administration-approved aircraft maintenance and inspection program and the pilot training and pilot proficiency checking programs required under any new or revised regulations issued in accordance with paragraph (1); and (3) the revision of guidance materials issued in Order 8900.1 entitled Flight Standards Information Management System (b) Membership The aviation rulemaking committee shall consist of members appointed by the Administrator, including— (1) representatives of industry, including manufacturers of aircraft and aircraft technologies; (2) representatives of parachute operator organizations; and (3) aviation safety experts with specific knowledge of safety management systems and flight data monitoring programs under part 135 and part 105 of title 14, Code of Federal Regulations. (c) Duties (1) In general The Administrator shall direct the aviation rulemaking committee to make findings and submit recommendations regarding each of the matters specified in paragraphs (1) through (3) of subsection (a). (2) Considerations In carrying out its duties under paragraph (1), the Administrator shall direct the aviation rulemaking committee to consider— (A) findings and recommendations of the National Transportation Safety Board generally as relevant and specifically those related to parachute operations, including the June 21, 2019, incident in Mokuleia, Hawaii; (B) recommendations of previous aviation rulemaking committees that considered similar issues; (C) recommendations from industry safety organizations, including, but not limited to, the United States Parachute Association; (D) appropriate use of data for modifying behavior to prevent accidents; (E) data gathered from aviation safety reporting programs; (F) the need to accommodate diversity of operations and mission sets; (G) accommodations necessary for small businesses; and (H) other issues as necessary. (d) Reports and regulations The Administrator shall— (1) not later than 20 months after the date of enactment of this Act, submit a report based on the findings of the aviation rulemaking committee to the Committee on Commerce, Science, and Transportation of the Senate and to the Committee on Transportation and Infrastructure of the House of Representatives; (2) not later than 12 months after the date of submission of the report under paragraph (1), and after consideration of the recommendations of the aviation rulemaking committee, issue an intent to proceed with proposed rulemakings regarding each of the matters specified in paragraphs (1) through (3) of subsection (a); and (3) not later than 3 years after the date of enactment of this Act, issue a final rule with respect to each of the matters specified in such paragraphs of subsection (a). 7. Authorization of appropriations There are authorized to be appropriated to the Administrator, to remain available until expended, such sums as necessary to carry out this Act. | Air Tour and Sport Parachuting Safety Improvement Act of 2023 |
Natural Hazard Resilience for Airports Act of 2023 This bill expands the eligible uses for Airport Improvement Program (AIP) grants to include projects related to severe weather or natural disasters. Specifically, the bill makes AIP grants available for the improvement of primary runways, taxiways, and aprons to prepare an airport for resuming or maintaining flight operations in the event of weather events or natural disasters such as an earthquake, flooding, sea level rise, a hurricane, storm surge, a tornado, a wildfire, land instability, or a winter storm. In addition, the bill makes AIP grants available to qualifying airports for (1) planning for disaster preparedness associated with maintaining airport operations during a natural disaster; (2) acquiring airport communication equipment and fixed emergency generators; and (3) constructing, expanding, or improving airfield infrastructure that will facilitate an airport's disaster response. | 118 S1033 IS: Natural Hazard Resilience for Airports Act of 2023 U.S. Senate 2023-03-29 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 118th CONGRESS 1st Session S. 1033 IN THE SENATE OF THE UNITED STATES March 29, 2023 Mr. Schatz Mr. Budd Committee on Commerce, Science, and Transportation A BILL To amend title 49, United States Code, to ensure certain projects related to natural hazards and emergency management are eligible for funding under the Federal Aviation Administration's airport improvement program, and for other purposes. 1. Short title This Act may be cited as the Natural Hazard Resilience for Airports Act of 2023 2. Ensuring that certain projects related to natural hazards and emergency management are eligible for funding under the Federal Aviation Administration's airport improvement program (a) Intermodal planning Section 47101(g) of title 49, United States Code, is amended— (1) in paragraph (1), in the second sentence, by inserting (including long-term resilience from the impact of natural hazards and severe weather events) environmental (2) in paragraph (2)— (A) in subparagraph (C), by striking and (B) in subparagraph (D), by striking the period at the end and inserting ; and (C) by adding at the end the following new subparagraph: (E) consider the impact of hazardous weather events on long-term operational resilience. . (b) Definition of airport development Section 47102(3) of title 49, United States Code, is amended by adding at the end the following new subparagraphs: (S) improvements, supported by planning or resiliency studies, or planning for improvements, of primary runways, taxiways, and aprons necessary at an airport to increase operational resilience to prepare the airport for resuming or maintaining flight operations in the event of an earthquake, flooding, high water, sea level rise, a hurricane, a tropical storm, a cyclone, storm surge, a tidal wave, a tornado, a tsunami, wind driven water, wildfire, land instability, or a winter storm. (T) (i) in the case of an airport that meets each of the requirements described in clause (ii)— (I) planning for disaster preparedness associated with maintaining airport operations during a natural disaster; (II) acquiring airport communication equipment and fixed emergency generators that are not eligible for funding under programs funded under the Department of Homeland Security; and (III) constructing, expanding, or improving airfield infrastructure to include aprons and terminal buildings the Secretary of Transportation determines will facilitate disaster response at the airport. (ii) The requirements described in this clause are the following: (I) The airport and the facilities and fixed-based operators on, or connected with, the airport are operated and maintained in a manner the Secretary of Transportation considers suitable for disaster relief. An airport shall not be considered as failing to meet the requirement under the preceding sentence if a runway is unusable because the runway is under scheduled maintenance or is in need of necessary repairs. (II) The airport has developed an emergency natural disaster management plan in coordination with State and local officials. . | Natural Hazard Resilience for Airports Act of 2023 |
Ending China's Unfair Advantage Act of 2023 This bill prohibits the expenditure of federal funds to implement the Montreal Protocol on Substances that Deplete the Ozone Layer until the agreement is amended to remove China from the list of developing countries. The bill also prohibits the expenditure of federal funds to support the operations and meetings of the United Nations Framework Convention on Climate Change until China is moved to the list of high-income countries that have more specific commitments regarding national plans, reporting, and assisting low-income countries. | 118 S1035 IS: Ending China's Unfair Advantage Act of 2023 U.S. Senate 2023-03-29 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 118th CONGRESS 1st Session S. 1035 IN THE SENATE OF THE UNITED STATES March 29, 2023 Mr. Barrasso Mr. Sullivan Mr. Lee Ms. Lummis Mr. Cornyn Mr. Tillis Mrs. Capito Mr. Braun Mr. Budd Mr. Hoeven Mr. Rubio Mr. Vance Mr. Scott of Florida Committee on Foreign Relations A BILL To prohibit funding for the Montreal Protocol on Substances that Deplete the Ozone Layer and the United Nations Framework Convention on Climate Change until China is no longer defined a developing country. 1. Short title This Act may be cited as the Ending China's Unfair Advantage Act of 2023 2. Prohibition on use of funds for the Montreal Protocol on Substances that Deplete the Ozone Layer until China is no longer defined as a developing country Notwithstanding any other provision of law, no Federal funds may be obligated or expended to implement the Montreal Protocol, including its protocols and amendments, or any fund established under the Protocol, until the President certifies to the appropriate congressional committees that the Parties to the Montreal Protocol have amended their Decision I/12E, Clarification of terms and definitions: developing countries, 3. Prohibition on use of funds for the United Nations Framework Convention on Climate Change until China is included among the countries listed in Annex I of the Convention Notwithstanding any other provision of law, no Federal funds may be obligated or expended to fund the operations and meetings of the United Nations Framework Convention on Climate Change, including it protocols or agreements, or any fund established under the Convention or its agreements, until the President certifies to the appropriate congressional committees that the Parties to the Framework Convention have included the People’s Republic of China in Annex I of the Convention. 4. Definitions In this Act: (1) Appropriate congressional committees The term appropriate congressional committees (A) the Committee on Foreign Relations and the Committee on Appropriations of the Senate; and (B) the Committee on Foreign Affairs and the Committee on Appropriations of the House of Representatives. (2) Montreal Protocol The term Montreal Protocol (3) United Nations Framework Convention on Climate Change The term United Nations Framework Convention on Climate Change | Ending China's Unfair Advantage Act of 2023 |
Senior Hunger Prevention Act of 2023 This bill modifies and expands nutrition programs for older adults and adults with disabilities, including the Supplemental Nutrition Assistance Program (SNAP) and the Commodity Supplemental Food Program (CSFP). Under the bill, a household's eligibility for SNAP benefits may be certified for 36 months if all adult household members are elderly or disabled, an increase from 24 months. The bill also expands the SNAP medical expense deduction. The Department of Agriculture (USDA) must establish an elderly simplified application program (ESAP). Under ESAP, a state may implement a streamlined SNAP application and certification process for households where all adult household members are elderly or disabled and have no earned income. The bill also directs USDA to authorize public-private partnerships between USDA, retail food stores participating in SNAP, and community-based organizations to provide free or low-cost food delivery under SNAP, including through the use of private funds. Further, the bill reauthorizes CSFP, provides additional funding for the program, and expands eligibility to include low-income adults with disabilities. CSFP benefits may also be certified for 36 months. Currently, benefits may be certified for not less than one year, but not more than three years. The bill also expands eligibility for the Seniors Farmers Market Nutrition Program (SFMNP) to include adults with disabilities, provide a 36-month certification period, and include minimum and maximum benefit amounts. Under the bill, USDA must also establish various grant programs; for example, USDA must establish grant programs to modernize SFMNP operations and establish new farmers' markets. | 118 S1036 IS: Senior Hunger Prevention Act of 2023 U.S. Senate 2023-03-29 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 118th CONGRESS 1st Session S. 1036 IN THE SENATE OF THE UNITED STATES March 29, 2023 Mr. Casey Mrs. Gillibrand Mr. Fetterman Mr. Blumenthal Mr. Kelly Ms. Warren Committee on Agriculture, Nutrition, and Forestry A BILL To amend the Food and Nutrition Act of 2008 to streamline nutrition access for older adults and adults with disabilities, and for other purposes. 1. Short title This Act may be cited as the Senior Hunger Prevention Act of 2023 2. Improving efficacy of the supplemental nutrition assistance program (a) Certification period Section 3(f) of the Food and Nutrition Act of 2008 ( 7 U.S.C. 2012(f) 24 36 (b) Standard medical expense deduction Section 5(e)(5) of the Food and Nutrition Act of 2008 ( 7 U.S.C. 2014(e)(5) (1) in the paragraph heading, by striking Excess medical Medical (2) in subparagraph (A), by striking an excess medical a standard medical deduction or a medical expense deduction of actual costs for the allowable medical expenses incurred by the elderly or disabled member, exclusive of special diets. (3) in subparagraph (B)(i), by striking excess (4) by adding at the end the following: (D) Standard medical expense deduction amount (i) In general Except as provided in clause (ii), the standard medical expense deduction shall be— (I) for fiscal year 2024, $155; and (II) for each subsequent fiscal year, equal to the applicable amount for the immediately preceding fiscal year as adjusted to reflect changes for the 12-month period ending the preceding June 30 in the Consumer Price Index for All Urban Consumers: Medical Care published by the Bureau of Labor Statistics of the Department of Labor. (ii) Exception For any fiscal year, a State agency may establish a greater standard medical expense deduction than described in clause (i) if the greater deduction satisfies cost neutrality standards established by the Secretary for that fiscal year. . (c) Value of allotment Section 8(a) of the Food and Nutrition Act of 2008 ( 7 U.S.C. 2017(a) 8 percent 1/3 3. Streamlining nutrition access for older adults and adults with disabilities (a) Definition of elderly and disabled Section 3(j)(2)(B) of the Food and Nutrition Act of 2008 ( 7 U.S.C. 2012(j)(2)(B) (which includes medical assistance provided to an individual described in section 1902(e)(14)(D)(i)(III) of the Social Security Act ( 42 U.S.C. 1396a(e)(14)(D)(i)(III) ( 42 U.S.C. 1396 et seq. (b) Elderly Simplified Application Program The Food and Nutrition Act of 2008 ( 7 U.S.C. 2011 et seq. 31. Elderly Simplified Application Program (a) In general Not later than 180 days after the date of enactment of this section, the Secretary shall establish a program, to be known as the elderly simplified application program ESAP (1) are elderly or disabled members; and (2) have no earned income. (b) Certification period The certification period for participants in ESAP shall be 36 months. (c) Income and other data verification (1) In general A State agency determining the eligibility for an applicant household under ESAP shall, notwithstanding section 11(e)(3)— (A) to the maximum extent practicable, use data matching for income verification and household size; and (B) (i) allow self-declaration by the applicant of the information required under section 273.2(f) of title 7, Code of Federal Regulations (or successor regulations); but (ii) verify, prior to certification of the household, factors of eligibility provided by the applicant that the State agency determines are questionable. (2) Accountability and fraud prevention In carrying out paragraph (1), a State agency shall establish accountability and fraud protection measures to deter fraud and ensure the integrity of ESAP and the supplemental nutrition assistance program. (d) Interviews Notwithstanding section 11(e)(6)(A), for recertification of a household under ESAP, the State agency shall not require an interview unless requested by the household, which may be conducted virtually. (e) Guidance Prior to the establishment of ESAP under subsection (a), the Administrator of the Food and Nutrition Service shall develop guidance for States, including by consulting with States, to carry out ESAP, which shall include— (1) general implementation guidelines; (2) reporting requirements; (3) quality control requirements; and (4) best practices. . (c) Combined Application Program The Food and Nutrition Act of 2008 ( 7 U.S.C. 2011 et seq. 32. Combined application program (a) In general Not later than 180 days after the date of enactment of this section, the Secretary, in coordination with the Commissioner of Social Security, shall establish a program, to be known as the ‘combined application program’ (referred to in this section as CAP 42 U.S.C. 401 et seq. 42 U.S.C. 1381 et seq. (b) Purposes The purposes of CAP are— (1) to reduce the need for households described in subsection (a) to have in-person interviews with State offices administering the supplemental nutrition assistance program; and (2) to increase participation in the supplemental nutrition assistance program by simplifying the application process for that program through increased automation and simplified calculation of benefits. (c) CAP models The Secretary, in coordination with the Commissioner of the Social Security Administration, shall offer, at a minimum, each of the following models for States to implement CAP: (1) Standard model (A) In general Under the standard model, the Commissioner of the Social Security Administration and the State agency administering the supplemental nutrition assistance program shall coordinate— (i) to develop a simplified joint application process for the supplemental nutrition assistance program that uses standardized benefit amounts or standardized shelter expenses, in accordance with this paragraph; and (ii) to conduct outreach to adult members receiving supplemental security income under title XVI of the Social Security Act ( 42 U.S.C. 1381 et seq. (B) Standardized benefit amounts (i) In general Under the standardized model described in subparagraph (A), applicants shall receive a standardized or automated benefit level under the supplemental nutrition assistance program based on their shelter expenses and other income. (ii) Minimum standardized benefit levels At a minimum, there shall be 2 standardized benefit levels under clause (i), including, as determined by the State— (I) a level for participants with low shelter expenses; and (II) a level for participants with high shelter expenses. (iii) Comparable amount A State shall ensure that the amount provided under a standardized benefit level under clause (i) is comparable to an amount that a participant would otherwise receive under the supplemental nutrition assistance program. (iv) Referral A State shall refer a household described in subsection (a) to the supplemental nutrition assistance program instead of enrolling that household in CAP if the standardized amount that the household would receive under CAP would be significantly less than the amount of benefits that the household would receive under the supplemental nutrition assistance program. (C) Standardized shelter expenses In computing an excess shelter expense deduction under section 5(e)(6), a State agency may use a standard utility allowance in accordance with regulations promulgated by the Secretary. (2) Modified model Under the modified model, a State agency administering the supplemental nutrition assistance program shall— (A) conduct outreach to prospective participants in the supplemental nutrition assistance program using information from the Social Security Administration to identify households described in subsection (a) that are not participants in the supplemental nutrition assistance program; and (B) send to those households simplified application forms for the supplemental nutrition assistance program. . 4. Enrollment and outreach pilot program for older adults, kinship families, and adults with disabilities The Food and Nutrition Act of 2008 ( 7 U.S.C. 2011 et seq. 33. Enrollment and outreach pilot program for older adults, kinship families, and adults with disabilities (a) Definitions In this section: (1) Disability The term disability 42 U.S.C. 12102 (2) Eligible entity The term eligible entity (A) a State or local government agency; (B) an Indian tribe or tribal organization; (C) a nonprofit organization, including a public or nonprofit provider of services; (D) a community-based organization; and (E) an educational provider. (3) Kinship family The term kinship family (4) Older adult The term older adult older individual 42 U.S.C. 3002 (5) Pilot program The term pilot program (b) Establishment Not later than 180 days after the date of enactment of this section, the Secretary shall establish a pilot program, to be known as the Enrollment and Outreach Pilot Program for Older Adults, Kinship Families, and Adults with Disabilities (1) to raise awareness among older adults, kinship families, and adults with disabilities of the availability, eligibility requirements, application procedures, and benefits of the supplemental nutrition assistance program; and (2) to support older adults, kinship families, and adults with disabilities in enrolling in that program. (c) Priority In awarding grants under the pilot program, the Secretary shall give priority to— (1) eligible entities that— (A) provide services to older adults or adults with disabilities; (B) provide services to kinship families, including kinship navigator programs; (C) have experience implementing programs that receive funding under the Older Americans Act of 1965 ( 42 U.S.C. 3001 et seq. (D) have experience implementing programs administered by the Food and Nutrition Service; or (E) receive, plan to receive, or demonstrate an ability to partner with a program that receives funding under the Older Americans Act of 1965 ( 42 U.S.C. 3001 et seq. 42 U.S.C. 12101 et seq. (2) projects that will— (A) serve communities with high rates of food insecurity, malnutrition, or low food access; (B) serve rural communities, indigenous communities, or communities of color; (C) serve members of the lesbian, gay, bisexual, transgender, and queer community; (D) serve adults with limited English proficiency; (E) serve veterans; (F) serve residents in federally subsidized housing, including federally subsidized housing units for older adults and adults with disabilities; (G) serve residents living in housing serving kinship families; and (H) incorporate nutrition education activities that promote healthy eating and active lifestyles. (d) Eligible activities An eligible entity receiving a grant under the pilot program shall use the grant to carry out 1 or more of the following activities: (1) Application assistance, including— (A) eligibility prescreening; (B) assistance completing an application for the supplemental nutrition assistance program; (C) assistance obtaining application verification documents; (D) medical expense deduction counseling; and (E) translation of materials and bilingual accommodation. (2) Tailored information dissemination about the supplemental nutrition assistance program, including through— (A) community-based outreach workshops and events; (B) a toll-free hotline to provide information about Federal, State, and local food resources; (C) informational websites and other social media sites; and (D) printed or digital informational content. (3) Transportation, including— (A) transportation to or from a local office of the supplemental nutrition assistance program; and (B) administration of vouchers or similar items for the transportation described in subparagraph (A). (4) Identification, implementation, analysis, and dissemination of replicable and scalable models for increasing enrollment in the supplemental nutrition assistance program among older adults, kinship families, and adults with disabilities. (e) Grants (1) Maximum amount A grant awarded under the pilot program to an eligible entity for a fiscal year shall be not less than $50,000, but not more than $250,000. (2) Duration An eligible entity may be awarded a grant under the pilot program for not more than 5 years. (f) Evaluation Not later than 2 years after the date of establishment of the pilot program, the Secretary shall conduct an evaluation of the pilot program. (g) Funding (1) In general In addition to amounts otherwise available, there is appropriated, out of any funds in the Treasury not otherwise appropriated, $12,250,000, to remain available until expended, to carry out the pilot program, of which not more than $250,000 shall be used to carry out the evaluation under subsection (f). (2) Administrative costs Of the amounts made available under paragraph (1) (excluding the amount made available to carry out subsection (f)), not more than 3 percent may be used by the Secretary for administrative costs. . 5. Food delivery under supplemental nutrition assistance program The Food and Nutrition Act of 2008 ( 7 U.S.C. 2011 et seq. 34. Food delivery (a) Definitions In this section: (1) Covered retail food store The term covered retail food store (2) Employee The term employee 29 U.S.C. 203 (b) Program modifications (1) In general In carrying out the supplemental nutrition assistance program, the Secretary shall— (A) notify retail food stores participating in the supplemental nutrition assistance program of existing opportunities through which the retail food stores can deliver food to program participants, including by— (i) allowing an EBT card to be swiped on delivery of food to the home (with a mobile device); and (ii) preparing food for pick-up; (B) authorize public-private partnerships between the Department of Agriculture, retail food stores participating in the supplemental nutrition assistance program, and community-based organizations to provide free or low-cost food delivery, including through the use of private funds; (C) in the case of a covered retail food store, use funds made available under subparagraph (E) of paragraph (3) to provide, in accordance with that paragraph, free grocery delivery for program participants who are older adults or adults with disabilities who are unable to shop for food or lack safe and accessible transportation options to the covered retail food store; and (D) require each State to submit to the Secretary a State plan that describes how the State will— (i) work with retail food stores participating in the supplemental nutrition assistance program and other community-based partners to establish a process for food delivery for program participants; (ii) administer the reimbursements described in paragraph (3), including timing, eligibility, and distribution processes; and (iii) ensure that retail food stores participating in the supplemental nutrition assistance program that are reimbursed for delivery costs under paragraph (3) adhere to the requirements described in subparagraph (B) of that paragraph. (2) State plans Not later than 10 days after the date on which the Secretary receives a State plan under paragraph (1)(D), the Secretary shall— (A) approve or deny the State plan; and (B) make publicly available on the website of the Department of Agriculture— (i) the State plan; (ii) the determination made under subparagraph (A) with respect to that plan; and (iii) any guidance issued to the State with respect to that plan. (3) Reimbursement of retail food stores (A) In general Notwithstanding any other provision of law (including regulations, including sections 274.7(f) and 278.2(b) of title 7, Code of Federal Regulations (or successor regulations)), subject to the availability of funds, a State agency shall reimburse a covered retail food store for the cost of food delivery to program participants described in paragraph (1)(C) if— (i) the covered retail food store meets the requirements under subparagraph (B); and (ii) the majority of the number of food items delivered by the covered retail food store are eligible for redemption using benefits under the program, regardless of whether the delivery includes nonfood items, subject to the condition that those nonfood items are of de minimis value. (B) Requirements A covered retail food store may receive reimbursement for the cost of food delivery to program participants described in paragraph (1)(C) if the following requirements are met: (i) Food delivery is performed by employees of the covered retail food store or employees of an entity contracted by the covered retail food store to perform deliveries. (ii) Before any employee described in clause (i) begins making food deliveries, that employee receives employer-provided health and safety training that reflects the most recent guidelines of the Centers for Disease Control and Prevention. (iii) All employees described in clause (i) performing deliveries are paid at a rate that is not less than the greater of— (I) the minimum wage rate established under section 6(a)(1) of the Fair Labor Standards Act of 1938 ( 29 U.S.C. 206(a)(1) (II) the minimum wage rate established by the applicable State or locality in which the employee works. (iv) The covered retail food store meets the size standard determined by the Small Business Administration for a supermarket or other grocery retailer or a convenience retailer under section 121.201 of title 13, Code of Federal Regulations (or successor regulations); (v) The covered retail food store does not— (I) charge the supplemental nutrition assistance program participant for delivery costs that the covered retail food store will be reimbursed for; (II) require minimum purchase thresholds in order to provide free delivery; (III) restrict delivery times to least favorable windows for supplemental nutrition assistance program participants; or (IV) charge surge pricing. (C) Reimbursable costs Reimbursable costs under subparagraph (A) include costs associated with purchasing point-of-sale devices or receiving technical assistance relating to point-of-sale devices. (D) Maximum reimbursement per delivery The maximum amount of reimbursement under subparagraph (A) for a food delivery fee shall be $10 per delivery, which may be adjusted by the Secretary for inflation. (E) Authorization of appropriations There is authorized to be appropriated to the Secretary $500,000,000 for fiscal year 2024, and each fiscal year thereafter, to remain available until expended, to cover the cost of food delivery described in paragraph (1)(C), to be distributed among the States to fund reimbursements by States under subparagraph (A). (4) Report Not later than April 30, 2025, and April 30 of 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 describes, for the period covered by the report, as applicable— (A) the number of program participants using food delivery services, including the percentage of those participants that are older adults and adults with disabilities; (B) the authorized program retailers that were reimbursed under paragraph (3) and each reimbursement amount; (C) any complications or difficulties experienced by States in administering reimbursements under paragraph (3); and (D) recommendations or best practices to assist States in implementing food delivery programs. . 6. Commodity supplemental food program (a) Funds Section 4 of the Agriculture and Consumer Protection Act of 1973 ( 7 U.S.C. 612c Public Law 93–86 (1) in subsection (a), in the first sentence, by striking 2023 2028 (2) by adding at the end the following: (d) Funds In addition to amounts otherwise available, there is appropriated, out of any funds in the Treasury not otherwise appropriated, to carry out the program under this section $10,000,000 for each of fiscal years 2024 through 2028. . (b) Adults with disabilities Section 5 of the Agriculture and Consumer Protection Act of 1973 ( 7 U.S.C. 612c Public Law 93–86 (1) by striking 2023 2028 (2) in subsection (g)— (A) in paragraph (1), by striking to low-income persons aged 60 and older. to— (A) low-income persons aged 60 and older; and (B) low-income adults with disabilities (as defined in section 3 of the Americans with Disabilities Act of 1990 ( 42 U.S.C. 12102 ; (B) by redesignating paragraph (2) as paragraph (3); (C) by inserting after paragraph (1) the following: (2) Income eligibility For purposes of paragraph (1), a low-income individual described in subparagraph (A) or (B) of that paragraph shall have a gross income level that is less than 185 percent of the Federal poverty line. ; and (D) in paragraph (3)(B) (as so redesignated), in the matter preceding clause (i), by striking of— of 36 months. (3) in subsection (i), in the matter preceding paragraph (1)— (A) by inserting or low-income adults with disabilities described in subsection (g)(1)(B) elderly persons (B) by striking to each elderly participant in or applicant for the commodity supplemental food program for the elderly to each participant in or applicant for such a program 7. Seniors farmers' market nutrition program (a) In general Section 4402 of the Farm Security and Rural Investment Act of 2002 ( 7 U.S.C. 3007 (1) in subsection (a)— (A) by striking Of the funds (1) Mandatory funding Of the funds ; (B) in paragraph (1) (as so designated), by inserting (referred to in this section as the Secretary Agriculture (C) by adding at the end the following: (2) Authorization of appropriations There are authorized to be appropriated to the Secretary to carry out and expand the seniors farmers' market nutrition program— (A) not less than $60,000,000 for fiscal year 2024; (B) not less than $70,000,000 for fiscal year 2025; and (C) not less than $100,000,000 for each of fiscal years 2026 through 2028. ; (2) in subsection (b)(1), by inserting and adults with disabilities (as defined in section 3 of the Americans with Disabilities Act of 1990 ( 42 U.S.C. 12102 (3) by redesignating subsections (c) through (f) as subsections (f) through (i), respectively; and (4) by inserting after subsection (b) the following: (c) Benefit amounts Under the seniors farmers' market nutrition program— (1) the minimum individual benefit shall be $35; and (2) the maximum individual benefit shall be $80. (d) Certification period The certification period for participants in the seniors farmers' market nutrition program shall be 36 months. (e) Modernization grants (1) In general Not later than 180 days after the date of enactment of the Senior Hunger Prevention Act of 2023 7 U.S.C. 2012 (A) by transitioning from paper-based coupons to an electronic transaction technology, such as a web-based service or installable software; and (B) by increasing benefit utilization at farmers’ markets. (2) Grant amount (A) In general The amount of a grant awarded under paragraph (1) shall not exceed $350,000. (B) Supplies In the case of an entity that receives a grant under paragraph (1) and uses the grant for purposes described in subparagraph (F) of paragraph (3), not more than $25,000 may be used to carry out that subparagraph. (3) Eligible expenses An entity receiving a grant under paragraph (1) may use the grant for— (A) costs associated with procurement of electronic transaction technology; (B) planning costs, including personnel costs, relating to electronic transaction technology procurement and implementation; (C) costs associated with evaluating the impact of transitioning from coupon-based operations to an electronic transaction technology; (D) training, outreach, and promotional material costs, including the costs associated with translating materials; (E) maintenance and operations of the electronic transaction technology procured using the grant during the period of performance of the grant; (F) the purchase of supplies needed to perform electronic transactions onsite; and (G) additional costs associated with modernizing program operations, as determined appropriate by the Secretary. (4) Reports Each entity that receives a grant under paragraph (1) shall submit to the Secretary and the Administrator of the Food and Nutrition Service quarterly performance progress reports on the use of the grant. (5) Authorization of appropriations There is authorized to be appropriated to the Secretary to carry out this subsection $15,000,000 for fiscal year 2024 and each fiscal year thereafter. . (b) Income guidelines The Secretary shall revise section 249.6(a)(3) of title 7, Code of Federal Regulations (or successor regulations), so that income eligibility is at or below 200 percent of the poverty income guidelines. 8. Infrastructure funding for farmers' markets; local procurement pilot program The Farm Security and Rural Investment Act of 2002 is amended by inserting after section 4402 ( 7 U.S.C. 3007 4403. Infrastructure funding for farmers' markets; local procurement pilot program (a) Definitions In this section: (1) Disability The term disability 42 U.S.C. 12102 (2) Financial assistance The term financial assistance (A) a loan; (B) a loan guarantee; and (C) a grant. (3) Older adult The term older adult older individual 42 U.S.C. 3002 (4) Program The term program (5) Secretary The term Secretary (b) Infrastructure funding for farmers' markets (1) Definition of eligible entity In this subsection, the term eligible entity (A) is— (i) an agricultural cooperative or other agricultural business entity or a producer network or association, including a community supported agriculture network or association; (ii) a local or Tribal government; (iii) a nonprofit corporation; (iv) a public benefit corporation; (v) an economic development corporation; (vi) a regional farmers' market authority; (vii) a food council; or (viii) any other entity as determined by the Secretary; and (B) can demonstrate financial need, as determined by the Secretary. (2) Establishment Not later than 180 days after the date of enactment of the Senior Hunger Prevention Act of 2023 (A) the establishment of new farmers' markets; (B) the improvement or rehabilitation of existing farmers' markets, including by adding or improving payment technologies used in those farmers' markets; and (C) the expansion of community supported agriculture to serve older adults and adults with disabilities. (3) Requirements An eligible entity that receives financial assistance under the program shall be required— (A) to host farmers’ markets or related activities at locations accessible— (i) by public transportation; (ii) by paratransit; or (iii) through transportation services provided under the Older Americans Act of 1965 ( 42 U.S.C. 3001 et seq. (B) to reserve not less than 50 percent of the floor area of an applicable farmers' market for the sale of products that are produced locally, as determined by the Secretary, by— (i) farmers, ranchers, or aquaculture, mariculture, or fisheries operators; or (ii) associations of farmers, ranchers, or aquaculture, mariculture, or fisheries operators. (4) Cost sharing The non-Federal share of a grant provided under the program shall be 20 percent of the amount of the grant, which may comprise transportation costs, volunteer contributions, and in-kind staffing. (5) Funding Of the funds of the Commodity Credit Corporation, the Secretary shall use to carry out this subsection $50,000,000 for each of fiscal years 2024 through 2028. (c) Local procurement pilot program (1) Definitions In this subsection: (A) Agricultural producer The term agricultural producer (i) an agricultural cooperative; (ii) a person engaged in farming, ranching, or aquaculture; (iii) a person engaged in the packing of a food product; and (iv) a person engaged in the minimal processing of a food product, as determined by the Secretary. (B) Eligible entity The term eligible entity (i) (I) coordinates enrollment in and distribution of benefits under the seniors farmers’ market nutrition program; or (II) demonstrates an ability to partner with an entity that coordinates enrollment in and distribution of benefits under the seniors farmers’ market nutrition program; and (ii) is— (I) a public or nonprofit provider of nutrition services or support to older adults or adults with disabilities, including— (aa) an Aging and Disability Resource Center (as defined in section 102 of the Older Americans Act of 1965 ( 42 U.S.C. 3002 (bb) an area agency on aging (as defined in that section); (cc) a State health insurance program; (dd) a State unit on aging; (ee) a center for independent living; (ff) a community health center; (gg) a multipurpose senior center; and (hh) federally subsidized housing, including federally subsidized housing units for older adults and adults with disabilities; and (II) a local, State, or national parks and recreation department. (2) Establishment Not later than 180 days after the date of enactment of the Senior Hunger Prevention Act of 2023 (3) Priority In awarding grants under paragraph (2), the Secretary shall give priority to an eligible entity that will use the grant funds to benefit underserved communities, including communities that are located in areas of concentrated poverty with limited access to fresh locally or regionally grown food. (4) Methods Under a contract described in paragraph (2), an agricultural producer may grow produce through traditional or controlled environmental agriculture farming. (5) Evaluation Not later than 2 years after the date of establishment of the pilot program under paragraph (2), the Secretary shall conduct an evaluation of the pilot program. (6) Funding (A) In general Of the funds of the Commodity Credit Corporation, the Secretary shall use to carry out this subsection $350,000 for each of fiscal years 2024 through 2028. (B) Administrative costs Of the amounts made available under subparagraph (A) for a fiscal year, not more than 5 percent may be used for administrative costs. (C) Evaluation In addition to amounts made available under subparagraph (A), there is appropriated to the Secretary, out of any funds in the Treasury not otherwise appropriated, $25,000 to carry out paragraph (5). . | Senior Hunger Prevention Act of 2023 |
Department of Veterans Affairs EHRM Standardization and Accountability Act This bill prohibits the Department of Veterans Affairs (VA) from commencing an Electronic Health Record Modernization Program activity at a facility of the Veterans Health Administration (VHA) until the VA certifies to Congress that the electronic health record system has met specified improvement objectives. The VA is prohibited from newly implementing the electronic health record system at a VHA facility until the VHA submits written certification to Congress that the staff and infrastructure of the facility are adequately prepared for the system. | 118 S1037 IS: Department of Veterans Affairs EHRM Standardization and Accountability Act U.S. Senate 2023-03-29 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 118th CONGRESS 1st Session S. 1037 IN THE SENATE OF THE UNITED STATES March 29, 2023 Mr. Moran Mr. Boozman Mr. Cassidy Mr. Rounds Mr. Tillis Mrs. Blackburn Mr. Cramer Mr. Tuberville Mr. Risch Mr. Crapo Mr. Daines Mr. Braun Mr. Sullivan Committee on Veterans' Affairs A BILL To prohibit the Secretary of Veterans Affairs from carrying out certain activities under the Electronic Health Record Modernization Program until certification of system stability improvements. 1. Short title This Act may be cited as the Department of Veterans Affairs EHRM Standardization and Accountability Act 2. Prohibition on certain activities by Secretary of Veterans Affairs under Electronic Health Record Modernization Program until certification of system stability improvements (a) Certification of improvement (1) Prohibition The Secretary of Veterans Affairs may not commence a program activity at a facility of the Veterans Health Administration where no program activity has commenced as of the date of the enactment of this Act until the date on which the Secretary submits to the Committee on Veterans’ Affairs of the Senate and the Committee on Veterans’ Affairs of the House of Representatives a written certification that the electronic health record system has met the improvement objective described in paragraph (2). (2) Improvement objective The improvement objective described in this paragraph is— (A) the achievement of a minimum uptime and system-wide stability standard for the electronic health record system, as defined by the Secretary in consultation with the Under Secretary for Health, the Assistant Secretary for Information and Technology, and the Chief Information Officer of the Department of Veterans Affairs; and (B) the submittal by the Secretary to the Committee on Veterans’ Affairs of the Senate and the Committee on Veterans’ Affairs of the House of Representatives of a report detailing the completion status of corrections to the customization and configuration of workflow designs related to the electronic health record system. (b) Certification of readiness (1) In general The Secretary may not implement the electronic health record system at a facility of the Veterans Health Administration where such system has not been implemented as of the date of the enactment of this Act until the date on which the Under Secretary for Health, in consultation with the director of such facility, submits to the Secretary, and the Secretary transmits to the Committee on Veterans’ Affairs of the Senate and the Committee on Veterans’ Affairs of the House of Representatives, written certification that the staff and infrastructure of such facility are adequately prepared to receive such system. (2) Sunset This subsection shall terminate on the date on which the Secretary has made the certification under paragraph (1) at not less than one facility of the Veterans Health Administration for each of the complexity levels of 1, 2, and 3. (c) Exclusion This section does not apply to any facility that is jointly operated by the Department of Veterans Affairs and the Department of Defense. (d) Report (1) Initial report Not later than 30 days after the date of the enactment of this Act, 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 that contains the following: (A) A comprehensive review of the systems and networks of the Department of Defense within the Federal electronic health record environment, including the Defense Enrollment Eligibility Reporting System, and the potential impacts of such systems and networks on the electronic health record system. (B) With respect to certifications of the readiness of a facility to receive the electronic health record system under subsection (b)— (i) the single, standard pre-deployment site readiness task list through which the Secretary will determine such readiness; (ii) a determination by the Secretary of— (I) how the Secretary will align staff of the facility to the electronic health record system functionality; and (II) the minimum percentage requirement of staff at the facility who will complete training on such functionality or who will have their primary role to be working with such system to achieve such readiness. (C) The national standard for workflows, system interfaces, medical devices, clinical content, order sets, and user roles as delineated by the clinical complexity index of the Department of Veterans Affairs for— (i) facilities at complexity levels of 2 or 3; and (ii) facilities at complexity levels of 1. (2) Quarterly report Not less frequently than quarterly following the initial report required under paragraph (1), the Secretary shall submit to the Committee on Veterans’ Affairs of the Senate and the Committee on Veterans’ Affairs of the House of Representatives a detailed report on— (A) any site level deviations from the national standard specified under paragraph (1)(C) and costs associated with such deviations; and (B) any changes to standard readiness task list specified under paragraph (1)(B)(i). (e) Definitions In this section: (1) Electronic health record system The term electronic health record system (2) Program activity The term program activity | Department of Veterans Affairs EHRM Standardization and Accountability Act |
Drug Price Transparency in Medicaid Act of 2023 This bill requires pass-through pricing models, and prohibits spread-pricing, for payment arrangements with pharmacy benefit managers under Medicaid. The bill also extends funding for retail pharmacy surveys and requires additional information with respect to price concessions and survey participation to be made publicly available. | 118 S1038 IS: Drug Price Transparency in Medicaid Act of 2023 U.S. Senate 2023-03-29 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 118th CONGRESS 1st Session S. 1038 IN THE SENATE OF THE UNITED STATES March 29, 2023 Mr. Welch Mr. Marshall Committee on Finance A BILL To amend title XIX of the Social Security Act to improve transparency and prevent the use of abusive spread pricing and related practices in the Medicaid program. 1. Short title This Act may be cited as the Drug Price Transparency in Medicaid Act of 2023 2. Improving transparency and preventing the use of abusive spread pricing and related practices in Medicaid (a) Pass-Through pricing required (1) In general Section 1927(e) of the Social Security Act ( 42 U.S.C. 1396r–8(e) (6) Pass-through pricing required A contract between the State and a pharmacy benefit manager (referred to in this paragraph as a PBM (A) any payment made by the entity or the PBM (as applicable) for such a drug— (i) is limited to— (I) ingredient cost; and (II) a professional dispensing fee that is not less than the professional dispensing fee that the State plan or waiver would pay if the plan or waiver was making the payment directly; (ii) is passed through in its entirety by the entity or PBM to the pharmacy or provider that dispenses the drug; and (iii) is made in a manner that is consistent with section 1902(a)(30)(A) and sections 447.512, 447.514, and 447.518 of title 42, Code of Federal Regulations (or any successor regulation) as if such requirements applied directly to the entity or the PBM, except that any payment by the entity or the PBM (as applicable) for the ingredient cost of a covered outpatient drug dispensed by providers and pharmacies referenced in clauses (i) or (ii) of section 447.518(a)(1) of title 42, Code of Federal Regulations (or any successor regulation) shall be the same as the payment amount for the ingredient cost when dispensed by providers and pharmacies not referenced in such clauses, and in no case shall payment for the ingredient cost of a covered outpatient drug be based on the actual acquisition cost of a drug dispensed by providers and pharmacies referenced in such clauses or take into account a drug's status as a drug purchased at a discounted price by a provider or pharmacy referenced in such clauses; (B) payment to the entity or the PBM (as applicable) for administrative services performed by the entity or PBM is limited to a reasonable administrative fee that covers the reasonable cost of providing such services; (C) the entity or the PBM (as applicable) shall make available to the State, and the Secretary upon request, all costs and payments related to covered outpatient drugs and accompanying administrative services incurred, received, or made by the entity or the PBM, including ingredient costs, professional dispensing fees, administrative fees, post-sale and post-invoice fees, discounts, or related adjustments such as direct and indirect remuneration fees, and any and all other remuneration; and (D) any form of spread pricing whereby any amount charged or claimed by the entity or the PBM (as applicable) is in excess of the amount paid to the pharmacies on behalf of the entity, including any post-sale or post-invoice fees, discounts, or related adjustments such as direct and indirect remuneration fees or assessments (after allowing for a reasonable administrative fee as described in subparagraph (B)) is not allowable for purposes of claiming Federal matching payments under this title. . (2) Conforming amendment Section 1903(m)(2)(A)(xiii) of such Act ( 42 U.S.C. 1396b(m)(2)(A)(xiii) (A) by striking and (III) (III) (B) by inserting before the period at the end the following: , and (IV) pharmacy benefit management services provided by the entity, or provided by a pharmacy benefit manager on behalf of the entity under a contract or other arrangement between the entity and the pharmacy benefit manager, shall comply with the requirements of section 1927(e)(6) (C) by moving the left margin 2 ems to the left. (3) Effective date The amendments made by this subsection apply to contracts between States and managed care entities, other specified entities, or pharmacy benefits managers that are entered into or renewed on or after the date that is 18 months after the date of enactment of this Act. (b) Ensuring accurate payments to pharmacies under Medicaid (1) In general Section 1927(f) of the Social Security Act ( 42 U.S.C. 1396r–8(f) (A) by striking and (1) (1) Determining pharmacy actual acquisition costs The Secretary shall conduct a survey of retail community pharmacy drug prices to determine the national average drug acquisition cost as follows: (A) Use of vendor The Secretary may contract services for— (i) with respect to retail community pharmacies, the determination of retail survey prices of the national average drug acquisition cost for covered outpatient drugs based on a monthly survey of such pharmacies; and ; (B) by adding at the end of paragraph (1) the following: (F) Survey reporting In order to meet the requirement of section 1902(a)(54), a State shall require that any retail community pharmacy in the State that receives any payment, reimbursement, administrative fee, discount, or rebate related to the dispensing of covered outpatient drugs to individuals receiving benefits under this title, regardless of whether such payment, fee, discount, or rebate is received from the State or a managed care entity directly or from a pharmacy benefit manager or another entity that has a contract with the State or a managed care entity, shall respond to surveys of retail prices conducted under this subsection. (G) Survey information Information on national drug acquisition prices obtained under this paragraph shall be made publicly available and shall include at least the following: (i) The monthly response rate of the survey including a list of pharmacies not in compliance with subparagraph (F). (ii) The sampling frame and number of pharmacies sampled monthly. (iii) Information on price concessions to the pharmacy, including discounts, rebates, and other price concessions, to the extent that such information is available during the survey period. (H) Report on specialty pharmacies (i) In general Not later than 1 year after the effective date of this subparagraph, the Secretary shall submit a report to Congress examining specialty drug coverage and reimbursement under this title. (ii) Content of report Such report shall include a description of how State Medicaid programs define specialty drugs and specialty pharmacies, how much State Medicaid programs pay for specialty drugs, how States and managed care plans determine payment for specialty drugs, the settings in which specialty drugs are dispensed (such as retail community pharmacies or specialty pharmacies), to what extent acquisition costs for specialty drugs are captured in the national average drug acquisition cost survey or through another process, examples of specialty drug dispensing fees to support the services associated with dispensing specialty drugs, and recommendations as to whether specialty pharmacies should be included in the survey of retail prices to ensure national average drug acquisition costs capture drugs sold at specialty pharmacies and how such specialty pharmacies should be defined. ; (C) in paragraph (2)— (i) in subparagraph (A), by inserting , including payments rates under Medicaid managed care plans, under this title (ii) in subparagraph (B), by inserting and the basis for such dispensing fees (D) in paragraph (4), by inserting , and $5,000,000 for fiscal year 2025 and each fiscal year thereafter, 2010 (2) Effective date The amendments made by this subsection take effect on the first day of the first quarter that begins on or after the date that is 18 months after the date of enactment of this Act. | Drug Price Transparency in Medicaid Act of 2023 |
National Flood Insurance Program Consultant Accountability Act of 2023 This bill allows the Federal Emergency Management Agency (FEMA) to terminate certain contracts under the National Flood Insurance Program on the basis of detrimental conduct to the program by a covered entity (an attorney, law firm, consultant, or third-party company that provides certain services under the contract). Specifically, on such basis, FEMA may terminate a contract between a covered entity and a Write Your Own company (a property and casualty company that writes and services federal standard flood insurance policies in its own name). FEMA shall establish a process for a covered entity to appeal such a termination. Neither FEMA nor a Write Your Own company is required to make an early-termination payout to a covered entity with respect to a contract terminated under the bill. | 118 S1039 IS: National Flood Insurance Program Consultant Accountability Act of 2023 U.S. Senate 2023-03-29 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 118th CONGRESS 1st Session S. 1039 IN THE SENATE OF THE UNITED STATES March 29, 2023 Mr. Kennedy Mr. Menendez Committee on Banking, Housing, and Urban Affairs A BILL To authorize the Administrator of the Federal Emergency Management Agency to terminate certain contracts on the basis of detrimental conduct to the National Flood Insurance Program, and for other purposes. 1. Short title This Act may be cited as the National Flood Insurance Program Consultant Accountability Act of 2023 2. Termination of certain contracts under the National Flood Insurance Program (a) In general Part C of chapter II of the National Flood Insurance Act of 1968 ( 42 U.S.C. 4081 et seq. 1349. Termination of contracts (a) Definitions In this section— (1) the term covered entity (2) the term Write Your Own company (b) Termination (1) In general Notwithstanding any other provision of law, the Administrator may terminate a contract or other agreement between a covered entity and a Write Your Own company if the Administrator— (A) determines that the covered entity has engaged in conduct that is detrimental to the flood insurance program authorized under chapter I; and (B) not later than 14 days before terminating the contract or other agreement, provides notice to the covered entity of the termination. (2) Appeal The Administrator shall establish a process for a covered entity to appeal a termination of a contract or other agreement under paragraph (1). (3) Early termination payouts The Administrator or a Write Your Own company is not required to make any early termination payout to a covered entity with respect to a contract or agreement with the Write Your Own company that the Administrator terminates under paragraph (1). . (b) Effective date; applicability The amendment made by subsection (a) shall— (1) take effect on the date of enactment of this Act; and (2) apply to any contract or other agreement between a covered entity and a Write Your Own company (as those terms are defined in section 1349(a) of the National Flood Insurance Act of 1968, as added by subsection (a)) entered into on or after the date of enactment of this Act. | National Flood Insurance Program Consultant Accountability Act of 2023 |
Defending Domestic Produce Production Act of 2023 This bill establishes a process by which a core seasonal industry may petition for countervailing and antidumping duties. A core seasonal industry means the producers (1) of a domestic like product that is a raw agricultural product, (2) whose collective output constitutes a majority of the total production in any state or group of states that accounts for a major portion of the total production during a discrete season or cyclical period of time, and (3) that make substantially all of their sales during that season or time period. The bill also provides that this process shall apply with respect to goods from Canada and Mexico. | 118 S104 IS: Defending Domestic Produce Production Act of 2023 U.S. Senate 2023-01-26 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 118th CONGRESS 1st Session S. 104 IN THE SENATE OF THE UNITED STATES January 26, 2023 Mr. Rubio Mr. Scott of Florida Committee on Finance A BILL To amend title VII of the Tariff Act of 1930 to provide for the treatment of core seasonal industries affected by antidumping or countervailing duty investigations, and for other purposes. 1. Short title This Act may be cited as the Defending Domestic Produce Production Act of 2023 2. Definitions (a) Core seasonal industry Section 771 of the Tariff Act of 1930 ( 19 U.S.C. 1677 (37) Core seasonal industry The term core seasonal industry (A) of a domestic like product that is a raw agricultural product, (B) whose collective output of the domestic like product constitutes a majority of the total production of the domestic like product in any State or group of States that accounts for a major portion of the total production of the domestic like product during any discrete season or cyclical period of time that concludes not later than 8 weeks after the date in which the product is harvested, and (C) that make substantially all of their sales of the domestic like product during the season or cyclical period of time described in subparagraph (B). . (b) Industry Section 771(4)(A) of the Tariff Act of 1930 ( 19 U.S.C. 1677(4)(A) (1) by striking industry (i) the producers ; (2) by striking the end period and inserting , or (3) by adding at the end the following: (ii) a core seasonal industry. . (c) Interested party Section 771(9)(E) of the Tariff Act of 1930 ( 19 U.S.C. 1677(9)(E) (1) by striking association a majority (i) except as provided in clause (ii), a majority ; (2) by inserting or States, (3) by adding at the end the following: (ii) in the case of a proceeding under this title involving a core seasonal industry, whose members constitute not less than 80 percent of the core seasonal industry, . 3. Improvements to countervailing duty procedures for core seasonal industries (a) Determination of industry support Section 702(c)(4) of the Tariff Act of 1930 ( 19 U.S.C. 1671a(c)(4) (1) in subparagraph (A)— (A) by redesignating clauses (i) and (ii) as subclauses (I) and (II), and by moving such subclauses, as so redesignated, 2 ems to the right; (B) in the matter preceding subclause (I), as redesignated by subparagraph (A), by striking behalf of the industry, if— (i) an industry (other than a core seasonal industry), if— ; (C) in subclause (II), as redesignated by subparagraph (A), by striking the period at the end and inserting , or (D) by adding at the end the following: (ii) a core seasonal industry, if the domestic producers or workers who support the petition account for at least 50 percent of the total production of the domestic like product in any State or group of States that accounts for at least 50 percent of total production of the domestic like product during the season or cyclical period of time specified in the petition, determined by averaging production over the 3 seasons or cyclical periods of time preceding the filing of the petition. ; (2) in subparagraph (B)(i), by inserting (during the season or cyclical period of time specified in the petition, if applicable) their interests as domestic producers (3) in subparagraph (D), in the matter preceding clause (i), by striking support domestic like product industry support in accordance with subparagraph (A) (b) Suspension of investigations for extraordinary circumstances Section 704(c)(4)(A)(i) of the Tariff Act of 1930 ( 19 U.S.C. 1671c(c)(4)(A)(i) (as defined in section 771(4)(A)(i)) domestic industry (c) Effect of final determinations Section 705(c)(1) of the Tariff Act of 1930 ( 19 U.S.C. 1671d(c)(1) (1) by redesignating subparagraph (C) as subparagraph (D); (2) in subparagraph (B)(ii), by striking , and (3) by inserting after subparagraph (B) the following: (C) in cases involving a countervailable subsidy that affects a core seasonal industry solely during a specific season or cyclical period of time, the administering authority shall limit the application of any rate determined under subparagraph (B) to that season or cyclical period of time, and . 4. Improvements to antidumping duty procedures for core seasonal industries (a) Determination of industry support Section 732(c)(4) of the Tariff Act of 1930 ( 19 U.S.C. 1673a(c)(4) (1) in subparagraph (A)— (A) by redesignating clauses (i) and (ii) as subclauses (I) and (II), and by moving such subclauses, as so redesignated, 2 ems to the right; (B) in the matter preceding subclause (I), as redesignated by subparagraph (A), by striking behalf of the industry, if— (i) an industry (other than a core seasonal industry), if— ; (C) in subclause (II), as redesignated by subparagraph (A), by striking the period at the end and inserting , or (D) by adding at the end the following: (ii) a core seasonal industry, if the domestic producers or workers who support the petition account for at least 50 percent of the total production of the domestic like product in any State or group of States that accounts for at least 50 percent of total production of the domestic like product during the season or cyclical period of time specified in the petition, determined by averaging production over the 3 seasons or cyclical periods of time preceding the filing of the petition. ; (2) in subparagraph (B)(i), by inserting (during the season or cyclical period of time specified in the petition, if applicable) their interests as domestic producers (3) in subparagraph (D), in the matter preceding clause (i), by striking support domestic like product industry support in accordance with subparagraph (A) (b) Suspension of investigations for extraordinary circumstances Section 734(c)(2)(A)(i) of the Tariff Act of 1930 ( 19 U.S.C. 1673c(c)(2)(A)(i) (as defined in section 771(4)(A)(i)) domestic industry (c) Effect of final determinations Section 735(c)(1) of the Tariff Act of 1930 ( 19 U.S.C. 1673d(c)(1) (1) by redesignating subparagraph (C) as subparagraph (D); (2) in subparagraph (B)(ii), by striking , and (3) by inserting after subparagraph (B) the following: (C) in cases involving dumping that affects a core seasonal industry solely during a specific season or cyclical period of time, the administering authority shall limit the application of any rate determined under subparagraph (B) to that season or cyclical period of time, and . 5. Application to Canada and Mexico Pursuant to section 418 of the United States-Mexico-Canada Agreement Implementation Act ( 19 U.S.C. 4588 | Defending Domestic Produce Production Act of 2023 |
Restoring Overtime Pay Act of 2023 This bill requires the Department of Labor to increase the salary threshold applicable to bona fide executive, administrative, and professional employees for purpose of determining eligibility for overtime pay. The bill phases in the increased threshold over which employees are exempt from overtime pay requirements beginning at an annual salary of $45,000 upon the bill's effective date. (The current threshold is generally $35,568.) Beginning in 2028, Labor must annually update the threshold to the 55th percentile (nationally) of weekly earnings for full-time salaried workers. Further, the exemption from overtime pay for bona fide executive, administrative, and professional employees does not apply if at least 20% of an employee's duties are not directly or closely related to the performance of executive or administrative activities. In addition, the Bureau of Labor Statistics shall publish quarterly on its website data about the weekly earnings of full-time salaried workers by census region. | 118 S1041 IS: Restoring Overtime Pay Act of 2023 U.S. Senate 2023-03-29 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 118th CONGRESS 1st Session S. 1041 IN THE SENATE OF THE UNITED STATES March 29, 2023 Mr. Brown Mr. Schumer Mr. Sanders Ms. Baldwin Mr. Blumenthal Mr. Booker Ms. Cantwell Mr. Casey Ms. Duckworth Mr. Durbin Mr. Luján Mr. Markey Mr. Merkley Mr. Murphy Mrs. Murray Mr. Padilla Mr. Reed Mr. Schatz Ms. Warren Mr. Wyden Committee on Health, Education, Labor, and Pensions A BILL To amend the Fair Labor Standards Act of 1938 to establish a minimum salary threshold for bona fide executive, administrative, and professional employees exempt from Federal overtime compensation requirements, and automatically update such threshold each year, and for other purposes. 1. Short title This Act may be cited as the Restoring Overtime Pay Act of 2023 2. Findings Congress finds the following: (1) The Fair Labor Standards Act of 1938 ( 29 U.S.C. 201 et seq. (2) Under section 13(a)(1) of such Act, Congress delegated to the Secretary of Labor the authority to define and delimit the terms relating to the exemption for bona fide executive, administrative, and professional employees (commonly known as the white-collar exemption (3) For more than 75 years, the Secretary of Labor has exercised the Secretary's delegated authority to issue regulations that define and delimit the terms relating to the white-collar exemption by applying a duties test and applying a minimum compensation level (or salary threshold). (4) The Secretary of Labor began utilizing a salary threshold in the initial regulations defining and delimiting the terms relating to the white-collar exemption, which were first issued in 1938. (5) Congress has long approved the use of a salary threshold by the Secretary of Labor, as demonstrated by the fact that Congress has amended the Fair Labor Standards Act of 1938 at least 10 times since 1938 and has not precluded the Secretary from using a salary threshold. (6) The salary threshold became woefully out of date and ineffective as a result of not being sufficiently updated to keep pace with the changing economy, as evidenced by the fact that 63 percent of all full-time salaried workers were guaranteed overtime pay under section 7 of the Fair Labor Standards Act of 1938 based on their salaries in 1975 while, in 2022, less than 15 percent of all full-time salaried workers are guaranteed such overtime pay under the overtime rule promulgated on September 27, 2019. (7) Weak overtime protections also hurt the many workers who are forced into part-time jobs but need full-time jobs to support themselves and their families. When employers can no longer overwork employees who are exempt from overtime pay because of lax standards, they will be forced to spread work and hours across their workforce. Restoring overtime protections is especially important in 2023, as the economy of the United States is still recovering from the pandemic and many workers report their employers demanding excessive hours. (8) In 2015, when the Department of Labor proposed an increase to the overtime salary threshold rule under the Obama Administration, it found that the historic range of the overtime salary threshold under the Fair Labor Standards Act of 1938 ran from approximately the 35th to the 55th percentile of weekly earnings for all full-time salaried workers. By phasing the overtime salary threshold back up to the 55th percentile of earnings of full-time salaried workers nationally—which after adjusting for inflation is projected to translate to an annualized amount of $73,551 in 2021 and $82,745 by 2026 (roughly the level of the boldest State overtime threshold increase)—the United States can restore overtime protections to historic levels. 3. Minimum salary threshold for bona fide executive, administrative, and professional employees exempt from Federal overtime compensation requirements (a) In general Section 13 of the Fair Labor Standards Act of 1938 ( 29 U.S.C. 213 (1) in subsection (a)(1)— (A) by inserting subsection (k) and subject to (B) by inserting (except as provided under subsection (k)(2)(C)) Administrative Procedure Act (2) by adding at the end the following: (k) Minimum salary threshold (1) In general Beginning on the effective date of the Restoring Overtime Pay Act of 2023 (2) Salary threshold (A) In general Subject to subparagraphs (B) and (C), the applicable annualized salary threshold shall be— (i) $45,000, beginning on the effective date of the Restoring Overtime Pay Act of 2023 (ii) $55,000, beginning on January 1, 2024; (iii) $65,000, beginning on January 1, 2025; (iv) $75,000, beginning on January 1, 2026; and (v) beginning on January 1, 2027, an annualized amount that is equal to the rate of the 55th percentile of weekly earnings of full-time salaried workers nationally, as determined by the Bureau of Labor Statistics based on data from the second quarter of 2026. (B) Increased threshold The Secretary may establish, through notice and comment rulemaking under section 553 of title 5, United States Code, a salary threshold that is a rate that— (i) is greater than the applicable annualized salary threshold under subparagraph (A); and (ii) is calculated based on a data set and methodology established by the Secretary that are capable of being updated in accordance with subparagraph (C). (C) Automatic updates (i) In general Not later than 1 year after the salary threshold first takes effect under subparagraph (A)(v), and annually thereafter, or, in the case in which the Secretary establishes an increased salary threshold under subparagraph (B), annually after establishing such increased salary threshold, the Secretary shall update the rate of the salary threshold in effect under subparagraph (A)(v) or (B), as applicable, so that such rate is equal to— (I) in the case in which the Secretary does not establish an increased salary threshold under subparagraph (B), the 55th percentile of weekly earnings of full-time salaried workers nationally, as determined by the Bureau of Labor Statistics based on data from the second quarter of the calendar year preceding the calendar year in which such updated amount is to take effect; and (II) in the case in which the Secretary establishes an increased salary threshold under subparagraph (B), the greater of— (aa) the 55th percentile described in subclause (I); and (bb) the increased salary threshold established under subparagraph (B), as updated in accordance with the data set and methodology established by the Secretary under subparagraph (B)(ii). (ii) Nonapplicability of rulemaking Section 553 of title 5, United States Code, shall not apply to any update described in this subparagraph. (D) Notice requirement Not later than 60 days before a revised salary threshold under this paragraph takes effect, the Secretary shall publish a notice announcing the amount in the Federal Register and on the internet website of the Department of Labor. . (b) Publication of earnings Not later than 21 days after the end of each calendar quarter, the Bureau of Labor Statistics shall publish on its public website, for each week of such quarter, data on the weekly earnings of full-time salaried workers by census region (as designated by the Bureau of the Census). 4. Nonexempt duties limit for bona fide executive, administrative, or professional employees Section 13(a)(1) of the Fair Labor Standards Act of 1938 ( 29 U.S.C. 213 (1) by striking of a retail or service establishment shall not shall (2) by striking because of administrative activities, (3) by striking less than 40 not less than 20 (4) by striking such activities activities not directly or closely related to the performance of executive or administrative activities 5. Effective date This Act, and the amendments made by this Act, shall take effect on the first day of the third month that begins after the date of enactment of this Act. | Restoring Overtime Pay Act of 2023 |
One Stop Shop for Small Business Licensing Act of 2023 This bill requires the Office of Entrepreneurship Education of the Small Business Administration to establish a website that provides licensing and business permit information for small businesses. | 118 S1042 IS: One Stop Shop for Small Business Licensing Act of 2023 U.S. Senate 2023-03-29 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 118th CONGRESS 1st Session S. 1042 IN THE SENATE OF THE UNITED STATES March 29, 2023 Ms. Rosen Mrs. Capito Committee on Small Business and Entrepreneurship A BILL To require the Director of the Office of Entrepreneurship Education of the Small Business Administration to establish and maintain a website regarding small business permitting and licensing requirements, and for other purposes. 1. Short title This Act may be cited as the One Stop Shop for Small Business Licensing Act of 2023 2. Centralized website for business permit and licensing requirements (a) Definitions In this section— (1) the term Director (2) the term small business concern 15 U.S.C. 632(a) (b) Website Not later than 1 year after the date of enactment of this Act, the Director shall establish, and thereafter the Director shall maintain, a publicly available website that provides information regarding Federal, State, and local business permitting and licensing requirements with respect to the operation of a small business concern, which shall be organized based on the location and type of small business concern. | One Stop Shop for Small Business Licensing Act of 2023 |
Railway Accountability Act This bill addresses safety requirements for rail carriers. The Department of Transportation (DOT) must review existing regulations relating to the practices regarding the establishment of a train consist (i.e., the contents and location of each rail car in a train). The Federal Railroad Administration (FRA) must issue regulations requiring each railroad to submit an updated Risk Reduction Program Plan that (1) documents the railroad's standards for train consist and safety protocol for trains in the switchyard, and (2) strives to balance derailment risk and rail yard employee safety. DOT must issue a regulation that prohibits conducting train brake inspections while a train is in motion and requires the mechanical inspector assigned to inspect a locomotive or rail car to be the official who signs off on the inspection. The FRA must amend regulations to require (1) more frequent communication checks between a head-of-train device and an end-of-train device, and (2) repetition of the emergency brake signal transmission until it is received by the end-of-train device. Class I railroads must join the Confidential Close Call Reporting System if they have been ordered to pay the maximum civil penalty for specific rail safety regulation violations. Further, the FRA must (1) study and submit a report to Congress on broken rim derailments and proposed regulations to reduce the frequency; and (2) post on the FRA public website a list of specific active Class I railroad safety waivers, including those relating to brake procedures and brake inspection requirements. | 118 S1044 IS: Railway Accountability Act U.S. Senate 2023-03-29 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 118th CONGRESS 1st Session S. 1044 IN THE SENATE OF THE UNITED STATES March 29, 2023 Mr. Schumer Mr. Fetterman Mr. Brown Mr. Casey Committee on Commerce, Science, and Transportation A BILL To improve rail safety practices and for other purposes. 1. Short title This Act may be cited as the Railway Accountability Act 2. Broken rim derailments (a) Study The Administrator of the Federal Railroad Administration shall conduct a study of— (1) broken rim derailments, particularly vertical split rim failures, including— (A) the causes of such derailments and failures; (B) the effectiveness of current mitigation strategies; and (C) potential new mitigation strategies; (2) wheel impact load thresholds, including— (A) safe kip thresholds; and (B) potential remedial actions that address the mechanical condition of tank cars used in high-hazard flammable trains; (3) the deployment of ultrasonic wheel crack detection systems; and (4) potential regulations that, if promulgated, would— (A) result in fewer broken rim derailments; and (B) improve avoidance or identification of mechanical defects. (b) Report Not later than 1 year after the date of the enactment of this Act, the Administrator shall submit a report to Committee on Commerce, Science, and Transportation of the Senate Committee on Transportation and Infrastructure of the House of Representatives 3. Train consist (a) Rulemaking Not later than 1 year after the date of the enactment of this Act, the Secretary of Transportation shall conduct a review of existing regulations relating to the practices regarding the establishment of a train consist. (b) Written switchyard safety protocol plan The Administrator of the Federal Railroad Administration shall issue a regulation requiring each railroad to prepare and submit to the Administrator, not later than 1 year after the date of the enactment of this Act, an updated Risk Reduction Program Plan that— (1) documents the railroad's standards for train consist and safety protocol while trains are in the switchyard; and (2) strives to balance derailment risk and rail yard employee safety. 4. Brake inspections After completing the review required under section 3(a)(1), the Secretary of Transportation shall issue regulations that— (1) prohibit any train from being moved out of the switchyard before all required brake inspections of such train have been completed; (2) prohibit conducting brake inspections of a train while such train is in motion; and (3) allow only the qualified mechanical inspector (as defined in section 232.5 of title 49, Code of Federal Regulations) assigned to inspect a locomotive or rail car to sign off on— (A) the Form FRA F6180–49A (commonly known as the blue card (B) the satisfactory Class I brake inspection of end-of-train device form relating to rail car inspections. 5. Safety waivers (a) In general The Administrator of the Federal Railroad Administration shall post, on a publicly accessible website, a list of all active safety waivers granted by the Federal Railroad Administration to Class I railroads pursuant to its authority under section 20103(d) of title 49, United States Code, relating to brake procedures, unequipped locomotives, brake inspection requirements, and safety training for rail labor employees. (b) Contents The Administrator shall include, on the posting required under subsection (a), a summary of the waivers described in subsection (a), including— (1) the number of active waivers; (2) the number of such waivers that have been extended beyond their original termination date; (3) the average duration of each such waiver; and (4) a summary of the regulations that were so waived. 6. Proper functioning of emergency brake signals The Administrator of the Federal Railroad Administration shall amend part 232 of title 49, Code of Federal Regulations, to require— (1) more frequent communication checks between a head-of-train device and an end-of-train device; and (2) repetition of the emergency brake signal transmission until it is received by the end-of-train device. 7. Confidential Close Call Reporting System Not later than 6 months after the date of the enactment of this Act, any Class I railroad that was ordered to pay the maximum civil penalty for any violation of a rail safety regulation set forth in section 5123(a) of title 49, United States Code, or in chapter 201, 203, 204, 205, 206, 207, 208, 209, or 211 during the 15-year period immediately preceding such date of enactment shall join and actively participate in the Confidential Close Call Reporting System (commonly known as C 3 8. Required warning equipment and lookouts All railroads shall provide warning equipment to railroad watchmen and lookouts for roadway workers, which— (1) may include whistles, air horns, white disks, red flags, lanterns, and fuses; and (2) may not include the use of verbal warnings. | Railway Accountability Act |
Failed Bank Executives Clawback Act This bill requires the Federal Deposit Insurance Corporation (FDIC) to claw back compensation paid to certain responsible parties when an insured depository institution is placed into FDIC receivership. Specifically, all or part of the compensation paid the previous five years to an institution-affiliated party responsible for the condition of the institution must be paid to FDIC to prevent unjust enrichment and to assure that the party bears losses consistent with their responsibility. Compensation includes salary, bonuses, awards, and profits from buying or selling securities. The bill also expands the authority of the FDIC to claw back compensation of parties responsible for financial losses incurred by a financial company regardless of the process by which FDIC is appointed receiver. Finally, the bill establishes that the creditors and shareholders of an insured depository institution's holding company are responsible for the losses when the institution is resolved by the FDIC. | 118 S1045 IS: Failed Bank Executives Clawback Act U.S. Senate 2023-03-29 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 118th CONGRESS 1st Session S. 1045 IN THE SENATE OF THE UNITED STATES March 29, 2023 Ms. Warren Mr. Hawley Ms. Cortez Masto Mr. Braun Committee on Banking, Housing, and Urban Affairs A BILL To amend the Federal Deposit Insurance Act to clarify that the Federal Deposit Insurance Corporation and appropriate Federal regulators have the authority to claw back certain compensation paid to executives. 1. Short title This Act may be cited as the Failed Bank Executives Clawback Act 2. Clawback Section 8(b) of the Federal Deposit Insurance Act ( 12 U.S.C. 1818(b) (9) Clawback (A) Definition In this paragraph, the term covered compensation (i) salary; (ii) bonuses; (iii) any compensation that is granted, earned, or vested based wholly or in part upon the attainment of any financial reporting measure or other performance metric; (iv) equity-based compensation; (v) time- or service-based awards; (vi) awards based on nonfinancial metrics; and (vii) any profits realized from the buying or selling of securities. (B) Clawback (i) Liability of institution-affiliated party An institution-affiliated party that is responsible for the condition of the insured depository institution is liable to the Corporation for any covered compensation clawed back under clause (ii). (ii) Required clawbacks In the case of insolvency or resolution of any insured depository institution, the Corporation shall claw back all or part of the covered compensation received by an institution-affiliated party during the preceding 5 years as is necessary to prevent unjust enrichment and assure that the party bears losses consistent with the responsibility of the party. (iii) Deposit Any covered compensation clawed back under this subparagraph shall be deposited into the Deposit Insurance Fund or into the general fund of the Treasury. . 3. Orderly liquidation of covered financial companies Section 204(a)(3) of the Dodd-Frank Wall Street Reform and Consumer Protection Act ( 12 U.S.C. 5384(a)(3) the financial company of a financial company for which the Corporation is appointed receiver, regardless of the process by which the Corporation is appointed, 4. Resolved insured depository institutions If an insured depository institution is resolved by the Federal Deposit Insurance Corporation, the creditors and shareholders of any corresponding depository institution holding company shall bear the losses of the insured depository institution. | Failed Bank Executives Clawback Act |
Small Airport Regulation Relief Act of 2023 This bill allows commercial service airports that do not meet the minimum passenger boarding requirement to continue to receive certain Airport Improvement Program (AIP) funding from the Federal Aviation Administration (FAA) for a limited time. The AIP provides grants for planning and development projects at public-use airports, including primary airports. Under current law, primary airports are generally commercial service airports that have more than 10,000 passenger boardings each year. Specifically, this bill creates a special rule for FY2024-FY2026 for commercial service airports that (1) had fewer than 10,000 passenger boardings during the calendar year used to calculate the apportionment, and (2) had 10,000 or more passenger boarding in calendar year 2019. For the purpose of AIP grant apportionment, the bill requires the FAA to use the number of passenger boardings at the airport during calendar year 2019, 2020, or 2021 (whichever had the highest number of passenger boardings). | 118 S1046 IS: Small Airport Regulation Relief Act of 2023 U.S. Senate 2023-03-29 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 118th CONGRESS 1st Session S. 1046 IN THE SENATE OF THE UNITED STATES March 29, 2023 Mr. Barrasso Committee on Commerce, Science, and Transportation A BILL To amend title 49, United States Code, with respect to apportionments for small airports under the Airport Improvement Program, and for other purposes. 1. Short title This Act may be cited as the Small Airport Regulation Relief Act of 2023 2. Apportionments Section 47114(c)(1) of title 49, United States Code, is amended by adding at the end the following: (K) Special rule for fiscal years 2024 through 2026 Notwithstanding subparagraph (A), the Secretary shall apportion to the sponsor of an airport under that subparagraph, for each of fiscal years 2024, 2025, and 2026, an amount based on the number of passenger boardings at the airport during calendar year 2019, 2020, or 2021, whichever had the highest number of passenger boardings, if the airport had— (i) fewer than 10,000 passenger boardings during the calendar year used to calculate the apportionment for fiscal year 2024, 2025, or 2026, as applicable, under subparagraph (A); and (ii) 10,000 or more passenger boardings during calendar year 2019. . | Small Airport Regulation Relief Act of 2023 |
Cellphone Jamming Reform Act of 2023 This bill allows a state or federal correctional facility to operate a jamming system to interfere with cellphone signals within inmate housing facilities. | 118 S1047 IS: Cellphone Jamming Reform Act of 2023 U.S. Senate 2023-03-29 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 118th CONGRESS 1st Session S. 1047 IN THE SENATE OF THE UNITED STATES March 29, 2023 Mr. Cotton Mr. Graham Mr. Braun Mr. Hagerty Mr. Kennedy Mr. Lankford Committee on Commerce, Science, and Transportation A BILL To provide that the Federal Communications Commission may not prevent a State or Federal correctional facility from utilizing jamming equipment, and for other purposes. 1. Short title This Act may be cited as the Cellphone Jamming Reform Act of 2023 2. Limitation on FCC authority (a) Definitions In this section— (1) the term Commission (2) the term correctional facility (3) the term jamming system (A) means a system of radio signal generating and processing equipment and antennas designed to disrupt, prevent, interfere with, or jam a wireless communication into, from, or within a correctional facility; and (B) includes the components and functionality of a system described in subparagraph (A), such as— (i) antennas, cabling, and cable elements; (ii) the installation, interconnection, and operation of system elements, power levels, and radio frequencies carried on the cables or fed into antennas; (iii) the radiation pattern of the antennas; and (iv) the location and orientation of the antennas. (b) Restriction (1) In general Notwithstanding any other provision of law or regulation, and subject to paragraph (2), the Commission may not prevent a State or Federal correctional facility from operating a jamming system within the correctional facility to prevent, jam, or otherwise interfere with a wireless communication that is sent— (A) to or from a contraband device in the facility; or (B) by or to an individual held in the facility. (2) Requirements With respect to a jamming system described in paragraph (1)— (A) the operation of the system shall be limited to the housing facilities of the correctional facility in which the system is located; (B) if the correctional facility that operates the system is a State correctional facility, the State that operates the correctional facility shall be responsible for funding the entire cost of the system, including the operation of the system; and (C) the correctional facility that operates the system shall— (i) before implementing the system, consult with local law enforcement agencies and other public safety officials in the area in which the facility is located; and (ii) submit to the Director of the Bureau of Prisons a notification regarding that operation. | Cellphone Jamming Reform Act of 2023 |
Administrative Pay-As-You-Go Act of 2023 This bill provides statutory authority for the Office of Management and Budget (OMB) requirement that federal agencies must submit at least one proposal for reducing direct spending before taking a discretionary administrative action that increases direct spending (i.e., administrative pay-as-you-go procedures). The proposed reduction must be comparable to the increase in direct spending attributable to the administrative action. Further, an agency must submit to the OMB its legal basis for concluding that a proposed administrative action is nondiscretionary and, therefore, not subject to this requirement. The OMB may waive these requirements if a waiver is necessary for the delivery of essential services, effective program delivery, or the public interest. | 118 S1052 IS: Administrative Pay-As-You-Go Act of 2023 U.S. Senate 2023-03-29 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 118th CONGRESS 1st Session S. 1052 IN THE SENATE OF THE UNITED STATES March 29, 2023 Mr. Braun Ms. Lummis Mr. Daines Committee on Homeland Security and Governmental Affairs A BILL To increase Government accountability for administrative actions by reinvigorating administrative Pay-As-You-Go. 1. Short title This Act may be cited as the Administrative Pay-As-You-Go Act of 2023 2. Definitions In this Act— (1) the term administrative action (2) the term agency (A) means— (i) an Executive agency (ii) a military department (B) does not include the Government Accountability Office; (3) the term covered discretionary administrative action (4) the term direct spending 2 U.S.C. 900(c) (5) the term Director (6) the term discretionary administrative action (A) means any administrative action that is not required by statute; and (B) includes an administrative action required by statute for which an agency has discretion in the manner in which to implement the administrative action; and (7) the term increase direct spending (A) the most recently submitted projection of the amount of direct spending under current law under— (i) the budget of the President submitted under section 1105 of title 31, United States Code; or (ii) the supplemental summary of the budget submitted under section 1106, of title 31, United States Code; (B) with respect to a discretionary administrative action that is incorporated into the applicable projection described in subparagraph (A) and for which a proposal has not been submitted under section 4(a)(2)(A), a projection of the amount of direct spending if no administrative action were taken; or (C) with respect to a discretionary administrative action described in paragraph (6)(B), a projection of the amount of direct spending under the least costly implementation option that meets the requirements under the statute. 3. Findings; Purposes (a) Findings Congress finds the following: (1) In May 2005, the Office of Management and Budget implemented a budget-neutrality requirement for executive branch administrative actions affecting direct spending. (2) This mechanism, commonly referred to as Administrative Pay-As-You-Go (3) In practice, however, agencies have applied this requirement with varying degrees of stringency, sometimes resulting in higher direct spending. (b) Purposes The purposes of this Act are to— (1) institutionalize and reinvigorate Administrative Pay-As-You-Go to keep direct spending under control; (2) control Federal spending and restore the Nation's fiscal security; and (3) ensure that agencies consider the costs of their administrative actions, take steps to offset those costs, and curtail costly administrative actions. 4. Requirements for administrative actions that effect direct spending (a) Discretionary administrative actions (1) In general Before an agency may undertake any covered discretionary administrative action, the head of the agency shall submit to the Director for review written notice regarding the proposed covered discretionary administrative action, which shall include an estimate of the budgetary effects of the proposed covered discretionary administrative action. (2) Increasing direct spending (A) In general If an agency proposes to take a covered discretionary administrative action that would increase direct spending, the written notice submitted by the head of the agency under paragraph (1) shall include a proposal to undertake 1 or more other administrative actions that would provide a reduction in direct spending comparable to the increase in direct spending attributable to the covered discretionary administrative action. (B) Review (i) In general The Director shall have the discretion to determine whether the reduction in direct spending proposed by an agency under subparagraph (A) is comparable to the increase in direct spending attributable to the covered discretionary administrative action to which the proposal relates, taking into account the magnitude of the reduction and the increase and any other factors the Director determines appropriate. (ii) No offset If the written notice regarding a proposed covered discretionary administrative action that would increase direct spending does not include a proposal to offset the increased direct spending, the Director shall return the proposal to the agency for resubmission in accordance with this Act. (b) Nondiscretionary actions If an agency determines that a proposed administrative action that would increase direct spending is required by statute and therefore is not a covered discretionary administrative action, before the agency takes further action with respect to the proposed administrative action, the head of the agency shall— (1) submit to the Director a written opinion by the general counsel of the agency, or the equivalent employee of the agency, explaining that legal conclusion; and (2) consult with the Director regarding implementation of the proposed administrative action. (c) Projections Any projection for purposes of this Act shall be conducted in accordance with Office of Management and Budget Circular A–11, or any successor thereto. 5. Issuance of administrative guidance Not later than 90 days after the date of enactment of this Act, the Director shall issue instructions regarding the implementation of this Act, including how proposed covered discretionary administrative actions that increase direct spending and non-tax receipts will be evaluated. 6. Waiver The Director may waive the requirements of section 4 if the Director concludes that the waiver is necessary— (1) for the delivery of essential services; (2) for effective program delivery; or (3) because a waiver is otherwise warranted by the public interest. | Administrative Pay-As-You-Go Act of 2023 |
Airport Infrastructure Resilience Act of 2023 This bill requires the Department of Transportation to establish a pilot program to provide infrastructure grants to airport sponsors. These competitive grants seek to incentivize the planning, design, and construction of projects that improve infrastructure that is subject to current or future long-term risks with respect to changing conditions, such as sea level rise or permafrost thaw; or weather events and natural disasters, such as severe storms, flooding, drought, rockslides, extreme weather, and earthquakes. Funding may be provided for (1) new projects, (2) improvements to existing infrastructure, and (3) the purchase of monitoring equipment or services. The bill requires that a portion of the grant funds go to sponsors of regional airports (i.e., small hub, nonhub, nonprimary, and reliever airports). | 118 S1055 IS: Airport Infrastructure Resilience Act of 2023 U.S. Senate 2023-03-29 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 118th CONGRESS 1st Session S. 1055 IN THE SENATE OF THE UNITED STATES March 29, 2023 Mr. Markey Committee on Commerce, Science, and Transportation A BILL To establish an airport infrastructure resilience pilot program. 1. Short title This Act may be cited as the Airport Infrastructure Resilience Act of 2023 2. Airport infrastructure resilience pilot program (a) Establishment (1) Establishment (A) In general Not later than 1 year after the date of enactment of this section, the Secretary shall establish a pilot program to provide competitive grants to sponsors of airports to incentivize the planning and design and construction of projects that make improvements to infrastructure that is subject to, or that faces increased long-term future risks with respect to, the following: (i) Changing conditions, such as sea level rise or permafrost thaw. (ii) Weather events and natural disasters, such as severe storms, flooding, drought, levee and dam failures, wildfire, rockslides, mudslides, sea level rise, permafrost thaw, extreme weather, including extreme temperature, and earthquakes. (B) Clarification Projects funded under the pilot program under this section may be for new projects as well as for making improvements to existing infrastructure and may include the purchasing of monitoring equipment or services. (2) Consultation In establishing the pilot program under paragraph (1), the Secretary shall— (A) engage in a public comment period; and (B) consult with— (i) the Administrator of the Federal Aviation Administration; (ii) the Administrator of the Federal Emergency Management Agency; (iii) The Administrator of the National Oceanic Atmospheric Administration; and (iv) the Administrator of the National Aeronautics and Space Administration. (3) Considerations In awarding grants to sponsors under the pilot program under this section, the Secretary shall consider the following with respect to projects funded under the grant: (A) Whether the project is natural infrastructure or nature-based. (B) Whether the project is based on the best available science and engineering standards. (C) Whether the project will mitigate the airport’s impact on the environment. (D) Other items determined appropriate by the Secretary. (4) Eligibility To be eligible to receive a grant under the pilot program under this section, a sponsor of an airport shall submit an application to the Secretary at such time, in such form, and containing such information as the Secretary may require. Such information shall include a description of how the proposed project is projected to benefit and potentially impact both the airport and the surrounding communities regarding changing conditions, weather events, and natural disasters. (5) Reports to Secretary A sponsor of an airport that is awarded a grant under the pilot program under this section shall submit to the Secretary periodic reports on the use of the funds. Such reports shall be submitted at such time, in such form, and containing such information as the Secretary may require. (b) Distribution for regional airports In conducting the pilot program under this section, the Secretary shall ensure that not less than 15 percent of the funds made available under subsection (e) is used to award grants to sponsors of regional airports. (c) Federal share The United States Government's share of allowable project costs for a project carried out with a grant under the pilot program shall be the United States Government's share of allowable project costs specified under section 47109 of title 49, United States Code. (d) Requirements The construction work for a project funded with grant under the pilot program shall be subject to the requirements under section 47112 of title 49, United States Code. (e) Report to Congress (1) In general Not later than 6 months after the Secretary first awards a grant under the pilot program under this section, and annually thereafter for as long as the Secretary is conducting the pilot program under this section, the Secretary shall submit to the Committee on Commerce, Science, and Transportation and the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report that evaluates the pilot program established under this section. Each such report shall include— (A) a description of each project funded under the program, including the changing condition or weather event or natural disasters the project is addressing; (B) a description of the applications under the program; (C) recommendations to improve the administration of the program, including whether assistance from additional or fewer agencies to carry out the program is appropriate; (D) a description of the period required to disburse grant funds to sponsors based on applicable Federal coordination requirements; (E) a description of the facilities that repeatedly require repair or reconstruction due to weather events and natural disasters (as described in subsection (a)); and (F) other items determined appropriate by the Secretary. (2) Public availability The Secretary shall post each report submitted under paragraph (1) on the public internet website of the Department of Transportation. (f) Funding There is authorized to be appropriated to the Secretary $300,000,000 for each of fiscal years 2024 through 2028 to carry out this section. Such sums shall remain available until expended. (g) Definitions In this section: (1) Airport The term airport (2) Regional airport The term regional airport (3) Secretary The term Secretary | Airport Infrastructure Resilience Act of 2023 |
Smarter Pretrial Detention for Drug Charges Act of 2023 This bill removes the presumption of pretrial detention for an individual who is charged with a federal drug offense for which the maximum term of imprisonment is 10 years or more. | 118 S1056 IS: Smarter Pretrial Detention for Drug Charges Act of 2023 U.S. Senate 2023-03-29 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 118th CONGRESS 1st Session S. 1056 IN THE SENATE OF THE UNITED STATES March 29, 2023 Mr. Durbin Mr. Lee Mr. Coons Mr. Wicker Committee on the Judiciary A BILL To give Federal courts additional discretion to determine whether pretrial detention is appropriate for defendants charged with nonviolent drug offenses in Federal criminal cases. 1. Short title This Act may be cited as the Smarter Pretrial Detention for Drug Charges Act of 2023 2. Release conditions and detention in Federal criminal cases Section 3142 of title 18, United States Code, is amended— (1) by striking ( 42 U.S.C. 14135a ( 34 U.S.C. 40702 (2) in subsection (e)(3)— (A) by striking subparagraph (A); and (B) by redesignating subparagraphs (B), (C), (D), and (E) as subparagraphs (A), (B), (C), and (D), respectively. | Smarter Pretrial Detention for Drug Charges Act of 2023 |
Further Strengthening Supply Chains for Servicemembers and Security Act of 2023 This bill requires the Defense Logistics Agency to modify Defense Logistics Agency Instructions 5025.03 and 3110.01 to require Defense Logistics Agency Troop Support to coordinate annually with customers in the military departments to test responsiveness of the agency's contingency contracts for pharmaceuticals and to include the results of the testing in the annual Warstopper Program reports. | 118 S1057 IS: Further Strengthening Supply Chains for Servicemembers and Security Act of 2023 U.S. Senate 2023-03-29 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 118th CONGRESS 1st Session S. 1057 IN THE SENATE OF THE UNITED STATES March 29, 2023 Mr. Rubio Ms. Warren Committee on Armed Services A BILL To require responsiveness testing of Defense Logistics Agency pharmaceutical contracts. 1. Short title This Act may be cited as the Further Strengthening Supply Chains for Servicemembers and Security Act of 2023 2. Responsiveness testing of Defense Logistics Agency pharmaceutical contracts The Director of the Defense Logistics Agency shall modify Defense Logistics Agency Instructions 5025.03 and 3110.01— (1) to require Defense Logistics Agency Troop Support to coordinate annually with customers in the military departments to conduct responsiveness testing of the Defense Logistics Agency’s contingency contracts for pharmaceuticals; and (2) to include the results of that testing, as reported by customers in the military departments, in the annual reports of the Warstopper Program. | Further Strengthening Supply Chains for Servicemembers and Security Act of 2023 |
Big Bend National Park Boundary Adjustment Act This bill authorizes the Department of the Interior to acquire, by donation, purchase from willing sellers, or exchange, approximately 6,100 acres of land or interests in land generally identified as Tracts to Include in Boundary on the map titled Big Bend National Park, Proposed Boundary Adjustment and dated November 2022. Upon the acquisition of any land or interests in land, Interior shall revise the boundary of the park to include the acquired land or interests in land and shall administer them as part of the park. Interior, in carrying out this bill, may not use eminent domain or condemnation. | 118 S1059 IS: Big Bend National Park Boundary Adjustment Act U.S. Senate 2023-03-29 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 118th CONGRESS 1st Session S. 1059 IN THE SENATE OF THE UNITED STATES March 29, 2023 Mr. Cornyn Mr. Luján Committee on Energy and Natural Resources A BILL To adjust the boundary of Big Bend National Park in the State of Texas, and for other purposes. 1. Short title This Act may be cited as the Big Bend National Park Boundary Adjustment Act 2. Definitions In this Act: (1) Map The term map Big Bend National Park, Proposed Boundary Adjustment (2) Park The term Park 16 U.S.C. 156 (3) Secretary The term Secretary 3. Big Bend National Park Boundary Adjustment (a) Land acquisition The Secretary may acquire approximately 6,100 acres of land or interests in land generally depicted on the map as Tracts to Include in Boundary (b) Availability of map The map shall be on file and available for public inspection in the appropriate offices of the National Park Service. (c) Boundary revision and administration On acquisition of any land or interests in land under subsection (a), the Secretary shall— (1) revise the boundary of the Park to include the acquired land or interests in land; and (2) administer the acquired land or interests in land as part of the Park in accordance with applicable laws (including regulations). (d) Eminent domain or condemnation In carrying out this Act, the Secretary may not use eminent domain or condemnation. | Big Bend National Park Boundary Adjustment Act |
Jobs and Opportunities for SNAP Act of 2023 This bill expands applicability of the work requirements for Supplemental Nutrition Assistance Program (SNAP) recipients who are able-bodied adults without dependents (ABAWDs). (SNAP recipients who are ABAWDs have work-related requirements in addition to the general SNAP work registration and employment and training requirements.) Specifically, this bill applies the work requirements for ABAWDs to adults who are not over 65 years old, whereas these requirements currently apply to adults who are not over 50 years old. Further, the ABAWD exemption for a parent or household member with responsibility for a dependent child is restricted to a dependent child under the age of seven. Current law does not include an age for the child. The bill repeals COVID-19 public health emergency waivers issued for ABAWD work requirements. The bill also repeals an ABAWD waiver program that allows state exemptions based on an area (1) having an unemployment rate of over 10%, or (2) not having a sufficient number of jobs. Under current law, a state agency may exempt up to 12% of SNAP recipients from the ABAWD work requirements for each fiscal year; unused exemptions may be carried over and used in a subsequent fiscal year. The bill reduces the percentage of exemptions a state agency may provide to up to 3% of SNAP recipients, and unused exemptions may not be carried over. | 116 S1062 IS: Jobs and Opportunities for SNAP Act of 2023 U.S. Senate 2023-03-29 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 118th CONGRESS 1st Session S. 1062 IN THE SENATE OF THE UNITED STATES March 29, 2023 Mr. Kennedy Committee on Agriculture, Nutrition, and Forestry A BILL To amend the Food and Nutrition Act of 2008 to restore and standardize work requirements for able-bodied adults enrolled in the supplemental nutrition assistance program, and for other purposes. 1. Short title This Act may be cited as the Jobs and Opportunities for SNAP Act of 2023 2. Restoring the work requirement for able-bodied adults without dependents in the supplemental nutrition assistance program Section 2301 of the Families First Coronavirus Response Act ( 7 U.S.C. 2011 Public Law 116–127 3. Standardizing work requirements for able-bodied adults in the supplemental nutrition assistance program (a) In general Section 6(o) of the Food and Nutrition Act of 2008 ( 7 U.S.C. 2015(o) (1) in paragraph (3)— (A) in subparagraph (A), by striking 50 65 (B) in subparagraph (C), by inserting under 7 years of age child (2) by striking paragraph (4); (3) by redesignating paragraphs (5) through (7) as paragraphs (4) through (6), respectively; and (4) in paragraph (5) (as so redesignated)— (A) in subparagraph (A)(ii)— (i) by striking subclause (II); (ii) by redesignating subclauses (III) through (V) as subclauses (II) through (IV), respectively; and (iii) in subclause (IV) (as so redesignated), by striking (5) (4) (B) in subparagraph (E)— (i) by striking 12 3 (ii) by striking caseload and caseload. (C) in subparagraph (G), by inserting that begins before the date of enactment of the Jobs and Opportunities for SNAP Act of 2023 subsequent fiscal year (b) Conforming amendments Section 16(h)(1)(E)(ii) of the Food and Nutrition Act of 2008 ( 7 U.S.C. 2025(h)(1)(E)(ii) (1) in subclause (II), by adding and (2) by striking subclause (III); (3) by redesignating subclause (IV) as subclause (III); and (4) in subclause (III) (as so redesignated), by striking 6(o)(6) 6(o)(5) | Jobs and Opportunities for SNAP Act of 2023 |
Jobs and Opportunities for Medicaid Act This bill establishes work requirements under Medicaid for able-bodied adults. Specifically, the bill requires individuals who are between the ages of 18 and 65 and who are not otherwise unable to work due to a medical condition, family situation, or other listed reason to work or volunteer at least 20 hours per week, based on a monthly average, in order to qualify for Medicaid. | 118 S1063 IS: Jobs and Opportunities for Medicaid Act U.S. Senate 2023-03-29 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 118th CONGRESS 1st Session S. 1063 IN THE SENATE OF THE UNITED STATES March 29, 2023 Mr. Kennedy Committee on Finance A BILL To amend title XIX of the Social Security Act to implement a minimum work requirement for able-bodied adults enrolled in State Medicaid programs. 1. Short title This Act may be cited as the Jobs and Opportunities for Medicaid Act 2. Work requirements for able-bodied adults Section 1902 of the Social Security Act ( 42 U.S.C. 1396a (1) in subsection (a)— (A) by striking and (B) by striking the period at the end of paragraph (87) and inserting ; and (C) by inserting after paragraph (87) the following new paragraph: (88) beginning January 1, 2024, not provide medical assistance with respect to a month to an able-bodied adult (as defined in subsection (uu)(2)) that has not met the work requirement described in subsection (uu)(1) for such month. ; and (2) by adding at the end the following new subsection: (uu) Work requirement for able-Bodied adults (1) Work requirement described For purposes of subsection (a)(88), the work requirement described in this subsection with respect to an able-bodied adult and a month is that such adult satisfies at least one of the following with respect to such month: (A) The adult works 20 hours or more per week, based on a monthly average. (B) The adult volunteers for 20 hours or more per week, based on a monthly average. (2) Able-bodied adult defined In this subsection the term able-bodied adult (A) under 18 years of age or over 65 years of age; (B) medically certified as physically or mentally unfit for employment; (C) pregnant; (D) the primary parent or caretaker of a dependent child under 6 years of age; (E) the primary parent or caretaker of a dependent child with a serious medical condition or disability, as determined by the State agency established or designated to administer or supervise the administration of the State plan; (F) receiving unemployment compensation under State or Federal law and, as applicable, complying with work requirements under such State or Federal law; or (G) participating in a drug or alcohol treatment and rehabilitation program (as defined in section 3(h) of the Food and Nutrition Act of 2008). . | Jobs and Opportunities for Medicaid Act |
Ensuring Timely Access to Generics Act of 2023 This bill establishes additional requirements related to citizen petitions concerning applications for generic drug or biosimilar market approval. (Citizen petitions are petitions submitted by third parties requesting that the Food and Drug Administration (FDA) take certain actions, such as requiring additional warnings on a drug.) Under the bill, the FDA may deny a citizen petition that (1) was submitted primarily to delay the approval of the relevant application, or (2) does not on its face raise valid scientific or regulatory issues. Currently, the FDA may deny a petition as an attempt at delay only if the petition meets both of these requirements. The bill also expressly requires a third party, before filing a lawsuit to force the FDA to set aside or prevent market approval of a generic drug or biosimilar, to first file a citizen petition with the information and arguments that form the basis of the lawsuit. A citizen petition must be filed within 60 days of when the filer knew or reasonably should have known the information that forms the basis of the petition. | 118 S1067 IS: Ensuring Timely Access to Generics Act of 2023 U.S. Senate 2023-03-29 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 118th CONGRESS 1st Session S. 1067 IN THE SENATE OF THE UNITED STATES March 29, 2023 Mrs. Shaheen Ms. Collins Mr. Bennet Mr. Rubio Ms. Baldwin Mr. Braun Committee on Health, Education, Labor, and Pensions A BILL To amend the Federal Food, Drug, and Cosmetic Act with respect to citizen petitions. 1. Short title This Act may be cited as the Ensuring Timely Access to Generics Act of 2023 2. Ensuring timely access to generics Section 505(q) of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 355(q) (1) in paragraph (1)— (A) in subparagraph (A)(i), by inserting , 10.31, 10.30 (B) in subparagraph (E)— (i) by striking application and application or (ii) by striking If the Secretary (i) In general If the Secretary ; (iii) by striking the second sentence and inserting the following: (ii) Primary purpose of delaying (I) In general In determining whether a petition was submitted with the primary purpose of delaying an application, the Secretary may consider the following factors: (aa) Whether the petition was submitted in accordance with paragraph (2)(B), based on when the petitioner knew or reasonably should have known the relevant information relied upon to form the basis of such petition. (bb) Whether the petitioner has submitted multiple or serial petitions or supplements to petitions raising issues that reasonably could have been known to the petitioner at the time of submission of the earlier petition or petitions. (cc) Whether the petition was submitted close in time to a known, first date upon which an application under subsection (b)(2) or (j) of this section or section 351(k) of the Public Health Service Act could be approved. (dd) Whether the petition was submitted without relevant data or information in support of the scientific positions forming the basis of such petition. (ee) Whether the petition raises the same or substantially similar issues as a prior petition to which the Secretary has responded substantively already, including if the subsequent submission follows such response from the Secretary closely in time. (ff) Whether the petition requests changing the applicable standards that other applicants are required to meet, including requesting testing, data, or labeling standards that are more onerous or rigorous than the standards the Secretary has determined to be applicable to the listed drug, reference product, or petitioner’s version of the same drug. (gg) The petitioner's record of submitting petitions to the Food and Drug Administration that have been determined by the Secretary to have been submitted with the primary purpose of delay. (hh) Other relevant and appropriate factors, which the Secretary shall describe in guidance. (II) Guidance The Secretary may issue or update guidance, as appropriate, to describe factors the Secretary considers in accordance with subclause (I). ; and (iv) by adding at the end the following: (iii) Referral to the Federal Trade Commission The Secretary shall establish procedures for referring to the Federal Trade Commission any petition or supplement to a petition that the Secretary determines was submitted with the primary purpose of delaying approval of an application. Such procedures shall include notification to the petitioner by the Secretary. ; (C) by striking subparagraph (F); (D) by redesignating subparagraphs (G) through (I) as subparagraphs (F) through (H), respectively; and (E) in subparagraph (H), as so redesignated, by striking submission of this petition submission of this document (2) in paragraph (2)— (A) by redesignating subparagraphs (A) through (C) as subparagraphs (C) through (E), respectively; (B) by inserting before subparagraph (C), as so redesignated, the following: (A) In general A person shall submit a petition to the Secretary under paragraph (1) before filing a civil action in which the person seeks to set aside, delay, rescind, withdraw, or prevent submission, review, or approval of an application submitted under subsection (b)(2) or (j) of this section or section 351(k) of the Public Health Service Act. Such petition and any supplement to such a petition shall describe all information and arguments that form the basis of the relief requested in any civil action described in the previous sentence. (B) Timely submission of citizen petition A petition and any supplement to a petition shall be submitted within 60 days after the person knew, or reasonably should have known, the information that forms the basis of the request made in the petition or supplement. ; (C) in subparagraph (C), as so redesignated— (i) in the heading, by striking within 150 days (ii) in clause (i), by striking during the 150-day period referred to in paragraph (1)(F), (iii) by amending clause (ii) to read as follows: (ii) on or after the date that is 151 days after the date of submission of the petition, the Secretary approves or has approved the application that is the subject of the petition without having made such a final decision. ; (D) by amending subparagraph (D), as so redesignated, to read as follows: (D) Dismissal of certain civil actions (i) Petition If a person files a civil action against the Secretary in which a person seeks to set aside, delay, rescind, withdraw, or prevent submission, review, or approval of an application submitted under subsection (b)(2) or (j) of this section or section 351(k) of the Public Health Service Act without complying with the requirements of subparagraph (A), the court shall dismiss without prejudice the action for failure to exhaust administrative remedies. (ii) Timeliness If a person files a civil action against the Secretary in which a person seeks to set aside, delay, rescind, withdraw, or prevent submission, review, or approval of an application submitted under subsection (b)(2) or (j) of this section or section 351(k) of the Public Health Service Act without complying with the requirements of subparagraph (B), the court shall dismiss with prejudice the action for failure to timely file a petition. (iii) Final response If a civil action is filed against the Secretary with respect to any issue raised in a petition timely filed under paragraph (1) in which the petitioner requests that the Secretary take any form of action that could, if taken, set aside, delay, rescind, withdraw, or prevent submission, review, or approval of an application submitted under subsection (b)(2) or (j) of this section or section 351(k) of the Public Health Service Act before the Secretary has taken final agency action on the petition within the meaning of subparagraph (C), the court shall dismiss without prejudice the action for failure to exhaust administrative remedies. ; and (E) in clause (iii) of subparagraph (E), as so redesignated, by striking as defined under subparagraph (2)(A) within the meaning of subparagraph (C) (3) in paragraph (4)— (A) by striking Exceptions This subsection does Exceptions.— (B) by striking subparagraph (B); and (C) by redesignating clauses (i) and (ii) as subparagraphs (A) and (B), respectively, and adjusting the margins accordingly. | Ensuring Timely Access to Generics Act of 2023 |
Alan Reinstein Ban Asbestos Now Act of 2023 This bill generally prohibits the manufacture, process, use, and distribution in commerce of commercial asbestos or any mixture or article containing commercial asbestos. The President may, on application, grant exemptions from the prohibition in situations where it is necessary to protect national security interests. The Environmental Protection Agency must develop and make publicly available resources that may be used to educate the public and health professionals about (1) the adverse health effects of asbestos exposure, (2) any federal resources available to address the prevention and mitigation of asbestos exposure, and (3) the availability of licensed commercial asbestos mitigation. | 118 S1069 IS: Alan Reinstein Ban Asbestos Now Act of 2023 U.S. Senate 2023-03-30 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 118th CONGRESS 1st Session S. 1069 IN THE SENATE OF THE UNITED STATES March 30, 2023 Mr. Merkley Committee on Environment and Public Works A BILL To amend the Toxic Substances Control Act to prohibit the manufacture, processing, use, and distribution in commerce of commercial asbestos and mixtures and articles containing commercial asbestos, and for other purposes. 1. Short title This Act may be cited as the Alan Reinstein Ban Asbestos Now Act of 2023 2. Commercial asbestos ban and reporting Section 6 of the Toxic Substances Control Act ( 15 U.S.C. 2605 (1) by redesignating subsection (j) as subsection (k); and (2) by inserting after subsection (i) the following: (j) Asbestos (1) Definitions In this subsection: (A) Commercial asbestos The term commercial asbestos (i) Chrysotile (serpentine). (ii) Crocidolite (riebeckite). (iii) Amosite (cummingtonite-grunerite). (iv) Anthophyllite. (v) Tremolite. (vi) Actinolite. (vii) Richterite. (viii) Winchite. (B) Distribute in commerce; distribution in commerce (i) In general Except as provided in clause (ii), the terms distribute in commerce distribution in commerce (ii) Exclusions The terms distribute in commerce distribution in commerce (I) end-use of a mixture or article containing commercial asbestos and installed in a building or other structure before the date of enactment of the Alan Reinstein Ban Asbestos Now Act of 2023 (II) distribution of a mixture or article containing commercial asbestos solely for the purpose of disposal of the mixture or article in compliance with applicable Federal, State, and local requirements. (C) Mixture or article containing commercial asbestos The term mixture or article containing commercial asbestos (2) Applicability (A) In general The prohibitions, requirements, and definition of the term commercial asbestos (i) apply only— (I) to chemical substances; and (II) for purposes of regulating chemical substances under this Act; and (ii) have no effect on— (I) any other prohibition or definition of the term asbestos (II) any other requirement regulating asbestos, including for purposes of— (aa) regulating cosmetics under the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 301 et seq. (bb) determining whether a cosmetic contains asbestos as an ingredient or as an impurity to an ingredient. (B) Impurities Nothing in this subsection applies to any chemical substance, mixture, or article in which commercial asbestos is present solely as an impurity. (3) Prohibition of manufacture, processing, use, and distribution in commerce Effective 1 year after the date of enactment of the Alan Reinstein Ban Asbestos Now Act of 2023 (4) Chlor-alkali industry Notwithstanding paragraph (3), an owner, operator, or agent of an owner or operator of a chlor-alkali facility that is in operation on the date of enactment of the Alan Reinstein Ban Asbestos Now Act of 2023 (A) import processed commercial asbestos fibers solely for the purpose of manufacturing diaphragms for use in the chlor-alkali process; (B) use, hold, or process commercial asbestos fibers solely for the purpose of manufacturing diaphragms for use in the chlor-alkali process; and (C) use asbestos diaphragms in chlor-alkali production. (5) Exemption for national security reasons (A) In general Notwithstanding any other provision of this subsection, the President may, on application, grant any person an exemption from the prohibition under paragraph (3) once for the manufacture, processing, use, or distribution in commerce of commercial asbestos or any mixture or article containing commercial asbestos only if the President determines that— (i) the manufacture, processing, use, or distribution in commerce of commercial asbestos or any mixture or article containing commercial asbestos by the person is necessary to protect the national security interests of the United States; and (ii) no feasible alternative to the manufacture, processing, use, or distribution in commerce of commercial asbestos or any mixture or article containing commercial asbestos exists for the intended use. (B) Duration (i) In general The period of an exemption granted under subparagraph (A) shall not exceed 3 years. (ii) Extension The President may, in accordance with subparagraph (A), extend an exemption granted under that subparagraph once, for a period not to exceed 3 years. (C) Terms and conditions An exemption granted under this paragraph (including any extension granted under subparagraph (B)(ii)) shall include such terms and conditions as are necessary to achieve the maximum extent practicable reduction in exposure to commercial asbestos. (D) Publication (i) Applications Not later than 30 days after receipt of an application for an exemption under this paragraph (including an extension under subparagraph (B)(ii)), the President shall publish the application in the Federal Register. (ii) Exemptions Not later than 30 days after granting an exemption under this paragraph (including an extension under subparagraph (B)(ii)), the President shall publish in the Federal Register— (I) a notice of the exemption; and (II) the terms and conditions included under subparagraph (C). (iii) Exception The President, on a determination that publication under this subparagraph of information relating to an application or granting of a particular exemption would harm the national security interests of the United States— (I) shall not publish that information in the Federal Register; but (II) shall provide that information to the Committee on Energy and Commerce of the House of Representatives and the Committee on Environment and Public Works of the Senate. (E) Application of waiver authority Notwithstanding section 22, the Administrator may not issue a waiver under that section with respect to commercial asbestos. . 3. Public education The Administrator of the Environmental Protection Agency, in consultation with the Secretary of Health and Human Services, shall develop and make publicly available resources that may be used by the Federal Government and other entities to educate the public and health professionals about— (1) the adverse health effects of asbestos exposure; (2) any Federal resources, including easily understandable regulations, available to address the prevention and mitigation of asbestos exposure; and (3) licensed commercial asbestos mitigation availability within each State, the District of Columbia, and each territory or possession of the United States. | Alan Reinstein Ban Asbestos Now Act of 2023 |
Traditional Cigar Manufacturing and Small Business Jobs Preservation Act of 2023 This bill exempts traditional large and premium cigars from Food and Drug Administration (FDA) regulation and FDA-assessed user fees. | 118 S107 IS: Traditional Cigar Manufacturing and Small Business Jobs Preservation Act of 2023 U.S. Senate 2023-01-26 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 118th CONGRESS 1st Session S. 107 IN THE SENATE OF THE UNITED STATES January 26, 2023 Mr. Rubio Mr. Boozman Mr. Scott of Florida Mr. Budd Mr. Cotton Committee on Health, Education, Labor, and Pensions A BILL To amend the Federal Food, Drug, and Cosmetic Act to clarify the Food and Drug Administration’s jurisdiction over certain tobacco products, and to protect jobs and small businesses involved in the sale, manufacturing, and distribution of traditional and premium cigars. 1. Short title This Act may be cited as the Traditional Cigar Manufacturing and Small Business Jobs Preservation Act of 2023 2. Limitation of authority with respect to premium cigars (a) Exception for traditional large and premium cigars Section 901(c) of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 387a(c) (1) in paragraph (2), in the heading, by inserting for certain tobacco leaf authority (2) by adding at the end the following: (3) Limitation of authority for certain cigars (A) In general The provisions of this chapter (except for section 907(d)(3)) shall not apply to traditional large and premium cigars. (B) Rule of construction Nothing in this chapter shall be construed to grant the Secretary authority to promulgate regulations on any matter that involves traditional large and premium cigars. (C) Traditional large and premium cigar defined For purposes of this paragraph, the term traditional large and premium cigar (i) means any roll of tobacco that is wrapped in 100-percent leaf tobacco, bunched with 100-percent tobacco filler, contains no filter, tip, or non-tobacco mouthpiece, weighs at least 6 pounds per 1,000 count, and— (I) has a 100-percent leaf tobacco binder and is hand rolled; (II) has a 100-percent leaf tobacco binder and is made using human hands to lay the leaf tobacco wrapper or binder onto only one machine that bunches, wraps, and caps each individual cigar; or (III) has a homogenized tobacco leaf binder and is made in the United States using human hands to lay the 100-percent leaf tobacco wrapper onto only one machine that bunches, wraps, and caps each individual cigar; and (ii) does not include a cigarette (as such term is defined by section 900(3)) or a little cigar (as such term is defined by section 900(11)). . (b) Conforming amendments Section 919(b) of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 387s(b) (1) in paragraph (2)(B)(i)(II), by inserting , but excluding traditional large and premium cigars (as such term is defined under section 901(c)(3)) (2) in paragraph (5), by inserting subject to section 901(c)(3), if a user fee | Traditional Cigar Manufacturing and Small Business Jobs Preservation Act of 2023 |
Safe Equitable Campus Resources and Education Act of 2023 This bill requires the annual campus security report provided by institutions of higher education to current and prospective students and employees to address the needs of individuals with disabilities. Among other requirements, the report and its related materials must (1) be made available free of charge, in a timely manner, and in accessible formats to individuals with disabilities; (2) include current campus policies that ensure that their needs are included in emergency response and evacuation procedures; and (3) include an assurance that campus security personnel and others receive training about working with these individuals. | 118 S1070 IS: Safe Equitable Campus Resources and Education Act of 2023 U.S. Senate 2023-03-30 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 118th CONGRESS 1st Session S. 1070 IN THE SENATE OF THE UNITED STATES March 30, 2023 Mr. Casey Ms. Hassan Mr. Murphy Ms. Klobuchar Mr. Sanders Ms. Smith Ms. Warren Ms. Duckworth Mrs. Shaheen Mr. Blumenthal Ms. Hirono Mr. Wyden Committee on Health, Education, Labor, and Pensions A BILL To address the needs of individuals with disabilities within the Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act. 1. Short title This Act may be cited as the Safe Equitable Campus Resources and Education Act of 2023 2. Amendments to the Clery Act (a) In general Section 485(f) of the Higher Education Act of 1965 ( 20 U.S.C. 1092(f) (1) in paragraph (1)— (A) in the matter preceding subparagraph (A), by inserting in an accessible format an annual security report (B) in subparagraph (F)(ii), by inserting and of the crimes described in clause (iii), and clause (i) (C) in subparagraph (J)— (i) in clause (ii), by striking and (ii) by redesignating clause (iii) as clause (iv); and (iii) by inserting after clause (ii) the following: (iii) ensure that such emergency response and evacuation procedures take into account the needs of students and staff with disabilities; and ; (2) by redesignating paragraphs (2) through (18) as paragraphs (3) through (19), respectively; (3) by inserting after paragraph (1) the following: (2) All reports, materials and information provided in accordance with this subsection shall be available free of charge, in a timely manner, and in accessible formats for individuals with disabilities, including those individuals who are blind or deaf or have cognitive, intellectual, or communication disabilities. ; (4) in paragraph (7)(A), as redesignated by paragraph (2)— (A) by redesignating clauses (iii) through (v) as clauses (iv) through (vi), respectively; and (B) by inserting after clause (ii) the following: (iii) The term disability 42 U.S.C. 12102 ; and (5) in paragraph (9), as redesignated by paragraph (2)— (A) in subparagraph (B)— (i) in clause (i)— (I) in subclause (I)— (aa) in item (ee), by striking and , including abusive behavior and attacks targeting individuals with disabilities; and (bb) in item (ff), by striking (vii); and (viii); (II) in subclause (II), by striking the period at the end and inserting a semicolon; and (III) by adding at the end the following: (III) an assurance that all prevention and awareness programs and materials are accessible to, and inclusive of the needs of, individuals with disabilities, including those who are deaf or blind or have cognitive, intellectual, or communication disabilities; and (IV) an assurance that campus security personnel and other individuals responsible for the provision of information or resources under this subsection receive training about working with individuals with disabilities. ; (ii) in the matter preceding subclause (I) of clause (iii), by inserting and in such formats as are necessary to ensure their accessibility to individuals with disabilities, writing (iii) in clause (iv)— (I) in subclause (I)— (aa) in item (aa), by striking and (bb) by inserting after item (bb) the following: (cc) be conducted by officials who receive annual training on how to conduct an investigation and hearing process with an accuser or an accused who has a disability, including individuals who are blind or deaf or have cognitive, intellectual, or communication disabilities; and (dd) be accessible to individuals with disabilities, including individuals who are blind, deaf, or have cognitive, intellectual, or communication disabilities; ; (II) in subclause (II)— (aa) by striking the accuser (aa) the accuser ; and (bb) by inserting after item (aa), as added by item (aa), the following: (bb) an accuser or an accused with a disability who discloses such disability is also entitled to be accompanied to any such meeting or proceeding by an interpreter, transliterator, or other individual providing communication assistance services, provided by the institution in accordance with section 504 of the Rehabilitation Act of 1973 ( 29 U.S.C. 794 42 U.S.C. 12101 et seq. (cc) the accuser and the accused are entitled to the same opportunities to request accommodations related to their disabilities; and ; and (III) in subclause (III), in the matter preceding item (aa), by inserting and in such accessible format as is required in the case of an accuser or an accused individual with a disability shall be simultaneously informed, in writing (iv) by adding after clause (vii) the following: (viii) Information about the accommodations available to individuals with disabilities with respect to such programs and procedures, how individuals with disabilities may request such accommodations, and an assurance that such accommodations will be provided in a timely manner such that access to programs and the timing of procedures under this subparagraph shall not be substantially impeded. ; (B) in subparagraph (C), by striking (vii) (viii) (C) by inserting after subparagraph (C) the following: (D) All materials, websites, and other forms of communication associated with the policy described in subparagraph (A) shall be provided in accessible formats for individuals with disabilities, including those individuals who are deaf, blind, or have cognitive, intellectual, or communication disabilities. Provision of such accessible formats shall be timely and shall include procedures for addressing problems and failures of any accessibility technology involved. . (b) Technical correction Section 120(a)(2)(B)(i) of the Higher Education Act of 1965 ( 20 U.S.C. 1011i(a)(2)(B)(i) 485(f)(6) 485(f)(7) | Safe Equitable Campus Resources and Education Act of 2023 |
Taiwan Protection and National Resilience Act of 2023 This bill requires reports to Congress addressing issues related to China, including a strategy to respond to coercive actions by China. The Department of Defense must submit a report identifying goods and services from the United States that China relies upon and U.S. military procurement practices that are reliant on trade with China. The bill also requires the Department of the Treasury to submit a sanctions strategy that could be used in response to any coercive action by China, including a Chinese invasion of Taiwan, to (1) limit the ability of China's military to acquire petroleum and military materiel, (2) diminish the ability of the Chinese industrial base to replenish defense articles, and (3) inhibit China's ability to evade sanctions. The strategy must identify specific sanctions-related tools that may be effective in responding to coercive action. The Department of Commerce must submit a report that (1) identifies critical sectors of the U.S. economy that are strategic vulnerabilities that could be exploited by the Chinese Communist Party because the sector in question relies on Chinese trade or inputs, and (2) makes recommendations to reduce such vulnerabilities. | 118 S1074 IS: Taiwan Protection and National Resilience Act of 2023 U.S. Senate 2023-03-30 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 118th CONGRESS 1st Session S. 1074 IN THE SENATE OF THE UNITED STATES March 30, 2023 Mr. Rubio Mr. Peters Committee on Foreign Relations A BILL To require a strategy for countering the People's Republic of China. 1. Short title This Act may be cited as the Taiwan Protection and National Resilience Act of 2023 2. Strategy for countering the People's Republic of China (a) Identification of vulnerabilities and leverage Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense, in consultation with the Secretary of State, the Secretary of Commerce, the Secretary of the Treasury, the Director of the Office of Federal Procurement Policy, and the Director of the Office of Science and Technology Policy, shall submit to the appropriate committees of Congress a report that identifies— (1) goods and services from the United States that are relied on by the People’s Republic of China such that that reliance presents a strategic opportunity and source of leverage against the People’s Republic of China; and (2) procurement practices of the United States Armed Forces and other Federal agencies that are reliant on trade with the People’s Republic of China and other inputs from the People’s Republic of China, such that that reliance presents a strategic vulnerability and source of leverage that the Chinese Communist Party could exploit. (b) Strategy To respond to coercive action (1) In general Not later than 180 days after the submission of the report required by subsection (a), the Secretary of the Treasury, in consultation with the Secretary of the Defense, the Secretary of Commerce, the Secretary of State, the Director of the Office of Federal Procurement Policy, and the Director of the Office of Science and Technology Policy, shall submit to the appropriate committees of Congress a report, utilizing the findings of the report required by subsection (a), that describes a comprehensive sanctions strategy to advise policymakers on policies the United States and allies and partners of the United States could adopt with respect to the People’s Republic of China in response to any coercive action, including an invasion, by the People’s Republic of China that infringes upon the territorial sovereignty of Taiwan by preventing access to international waterways, airspace, or telecommunications networks. (2) Elements The strategy required by paragraph (1) shall include policies that— (A) restrict the access of the People’s Liberation Army to oil, natural gas, munitions, and other supplies needed to conduct military operations against Taiwan, United States facilities in the Pacific and Indian Oceans, and allies and partners of the United States in the region; (B) diminish the capacity of the industrial base of the People’s Republic of China to manufacture and deliver defense articles to replace those lost in operations of the People’s Liberation Army against Taiwan, the United States, and allies and partners of the United States; (C) inhibit the ability of the People’s Republic of China to evade United States and multilateral sanctions through third parties, including through secondary sanctions; and (D) identify specific sanctions-related tools that may be effective in responding to coercive action described in paragraph (1) and assess the feasibility of the use and impact of the use of those tools. (c) Recommendations for reduction of vulnerabilities and leverage Not later than 180 days after the submission of the report required by subsection (a), the Secretary of Commerce, in consultation the Secretary of Defense, the Secretary of State, the Director of National Intelligence, the United States Trade Representative, the Director of the Office of Federal Procurement Policy, and the Director of the Office of Science and Technology Policy, shall submit to the appropriate committees of Congress a report that— (1) identifies critical sectors within the United States economy that rely on trade with the People’s Republic of China and other inputs from the People’s Republic of China (including active pharmaceutical ingredients, rare earth minerals, and metallurgical inputs), such that those sectors present a strategic vulnerability and source of leverage that the Chinese Communist Party could exploit; and (2) makes recommendations to Congress on steps that can be taken to reduce the sources of leverage described in paragraph (1) and subsection (a)(1), including through— (A) provision of economic incentives and making other trade and contracting reforms to support United States industry and job growth in critical sectors and to indigenize production of critical resources; and (B) policies to facilitate near- or friend-shoring (d) Form The reports required by subsections (a), (b), and (c) shall be submitted in unclassified form but may include a classified annex. (e) Appropriate committees of congress defined In this section, the term appropriate committees of Congress (1) the Committee on Foreign Relations, the Committee on Armed Services, the Select Committee on Intelligence, the Committee on Finance, 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 Armed Services, the Committee on Financial Services, the Committee on Energy and Commerce, and the Permanent Select Committee on Intelligence of the House of Representatives. | Taiwan Protection and National Resilience Act of 2023 |
Home-Based Telemental Health Care Act of 2023 This bill establishes a grant program to fund demonstration projects to provide in-home mental health and substance use services to medically underserved individuals in rural areas or in the farming, fishing, and forestry industries. Specifically, the Department of Health and Human Services (HHS) must award grants to public or nonprofit telemental health provider networks to deliver, and evaluate the impact of, home-based telemental health and substance use services for such individuals. HHS must consult with the Rural Health Liaison of the Department of Agriculture on the grants. | 118 S1077 IS: Home-Based Telemental Health Care Act of 2023 U.S. Senate 2023-03-30 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 118th CONGRESS 1st Session S. 1077 IN THE SENATE OF THE UNITED STATES March 30, 2023 Mr. Rounds Ms. Smith Mr. Boozman Mr. Thune Committee on Health, Education, Labor, and Pensions A BILL To establish a home-based telemental health care demonstration program for purposes of increasing mental health and substance use services in rural medically underserved populations and for individuals in farming, fishing, and forestry occupations. 1. Short title This Act may be cited as the Home-Based Telemental Health Care Act of 2023 2. Findings Congress finds as follows: (1) According to a 2020 report by the Centers for Disease Control and Prevention, titled Mental Health, Substance Use and Suicidal Ideation during the COVID–19 Pandemic CDC report (2) According to the CDC report, approximately 30 percent of rural adults who responded to a survey of the Centers for Disease Control and Prevention suffered from symptoms of anxiety or depression, and approximately 10 percent of rural adults seriously considered suicide in the past 30 days. (3) A 2020 study by the Centers for Disease Control and Prevention suggests that people in farming, fishing, and forestry occupations (referred to in this section as the Triple–F (4) Such 2020 study by the Centers for Disease Control and Prevention indicates that suicide rates for farmers, ranchers, and other agricultural managers were 58 percent higher than the rate for the general population in 2016. (5) According to a 2019 report of the National Survey on Drug Use and Health, 22.4 percent of residents in rural communities aged 18 or older who experienced mental illness perceived an unmet need for mental health services. Of these individuals, 17.9 percent did not receive any mental health services in the prior year. (6) The COVID–19 pandemic put additional stress on people in the Triple–F population. In the early stages, the pandemic caused instability in the markets, especially as the virus caused a downturn in food service sales and closed meat processing plants across the Nation. Farmers were left with low commodity prices and loss of revenue. This community has spent the last 2 years attempting to rebound from the effects of the pandemic. Additional resources are needed to support the mental health needs of this population. (7) While the prevalence of mental illness is similar among rural and urban residents, the services available to each population are very different. Mental health care needs are not met in rural communities due to many challenges, including accessibility issues due to transportation and geographic isolation, the stigma of needing or receiving mental health care, a lack of anonymity when seeking treatment, shortages of mental health workforce professionals, and affordability due to a high rate of uninsured residents. (8) Telemental health, which is the delivery of mental health services using remote technologies when the patient and provider are separated by distance, shows promise in helping to alleviate the lack of mental health services in rural areas. Traditional telemental health models involve care delivered to a patient at an originating clinical site from a specialist working at a distant site. Having the ability to reach mental health professionals from a place of comfort, such as home, from a personal device may reduce challenges faced in rural areas and amongst Triple–F workers. (9) A clinical trial of 241 depressed elderly veterans, which was conducted by the Medical University of South Carolina and the Ralph H. Johnson Veterans Affairs Medical Center and reported in the Journal of Clinical Psychiatry, found that home-based telemental health for depression is well received by patients and delivers as good a quality of life as in-person visits. 3. Mental health and substance use services delivered to rural underserved populations via telemental health care Title III of the Public Health Service Act is amended by inserting after section 330K ( 42 U.S.C. 254c–16 330K–1. Mental health and substance use services delivered to rural underserved populations via telemental health care (a) Definitions In this section— (1) the term covered populations (A) health professional shortage areas (as defined in section 332(a)(1)) in rural areas; or (B) populations engaged in a farming, fishing, or forestry industry; (2) the term eligible entity (3) the term farming, fishing, or forestry industry (4) the term home-based telemental (5) the term professional trained in mental health (6) the term rural (7) the term telemental health (b) Program authorized The Secretary, in consultation with the Rural Health Liaison of the Department of Agriculture, shall award grants to eligible entities to establish demonstration projects for the provision of mental health and substance use services to covered populations in their homes, as delivered remotely by professionals trained in mental health and substance use using telemental health care. (c) Use of funds Recipients of a grant under this section shall use the grant funds to— (1) deliver home-based telemental health services to covered populations; and (2) develop comprehensive metrics to measure the quality and impact of home-based telemental health services compared to traditional in-person mental health and substance use care. (d) Report The Secretary, in consultation with the Secretary of Agriculture, not later than 3 years after the date on which the program under this section commences, and 2 years thereafter, shall submit to the appropriate congressional committees reports on the impact and quality of care of home-based telemental health care services for covered populations. (e) Authorized use of funds Out of any amounts made available to the Secretary, up to $10,000,000 for each of fiscal years 2023 through 2027 may be allocated to carrying out the program under this section. . | Home-Based Telemental Health Care Act of 2023 |
Assistance for Rural Water Systems Act of 2023 This bill allows the Department of Agriculture (USDA) to provide grants, zero-interest loans, low-interest loans, loan forgiveness, and loan refinancing to certain rural water, wastewater, or waste disposal facilities. USDA may provide such assistance for (1) ensuring public health, safety, and order; and (2) addressing financial hardships. | 118 S1079 IS: Assistance for Rural Water Systems Act of 2023 U.S. Senate 2023-03-30 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 118th CONGRESS 1st Session S. 1079 IN THE SENATE OF THE UNITED STATES March 30, 2023 Mrs. Shaheen Mr. Tillis Committee on Agriculture, Nutrition, and Forestry A BILL To amend the Consolidated Farm and Rural Development Act to provide additional assistance to rural water, wastewater, and waste disposal systems, and for other purposes. 1. Short title This Act may be cited as the Assistance for Rural Water Systems Act of 2023 2. Additional assistance for rural water systems Subtitle A of the Consolidated Farm and Rural Development Act is amended by inserting after section 306A ( 7 U.S.C. 1926a 306B. Additional assistance for rural water systems (a) Definition of eligible entity In this section, the term eligible entity (b) Additional assistance (1) Grants and loans The Secretary may provide a grant, a zero percent interest loan, or a 1 percent interest loan to an eligible entity. (2) Existing loans The Secretary may— (A) forgive principal or interest or modify any term or condition of an outstanding loan made to an eligible entity; or (B) refinance part or all of any other loan (if the purpose of the loan is an eligible purpose under section 306(a)(1) or 306C) made to an eligible entity. (3) Limitation The Secretary may not provide assistance under paragraph (2) with respect to a loan made under paragraph (1). (c) Eligible purposes The Secretary may provide assistance to an eligible entity under subsection (b) as the Secretary determines is necessary— (1) to ensure that the eligible entity has the necessary resources to maintain public health, safety, or order; or (2) to address financial hardships of the eligible entity, if the eligible entity is located in a disadvantaged or economically distressed area, as determined under subsection (d). (d) Determination To determine whether an eligible entity may receive assistance pursuant to subsection (c)(2), the Secretary shall establish— (1) a residential indicator of affordable water services in each State or local or geographic area, calculated using the cost per household as a percentage of median household income; and (2) factors relating to disadvantaged or economically distressed areas. . | Assistance for Rural Water Systems Act of 2023 |
Guidance Clarity Act of 2023 This bill requires federal agencies to state on the first page of guidance documents that such guidance (1) does not have the force and effect of law, and (2) is intended only to provide clarity to the public about existing legal requirements or agency policies. | 118 S108 IS: Guidance Clarity Act of 2023 U.S. Senate 2023-01-26 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 118th CONGRESS 1st Session S. 108 IN THE SENATE OF THE UNITED STATES January 26, 2023 Mr. Lankford Ms. Sinema Mr. Johnson Mr. Risch Mr. Braun Committee on Homeland Security and Governmental Affairs A BILL To require a guidance clarity statement on certain agency guidance, and for other purposes. 1. Short title This Act may be cited as the Guidance Clarity Act of 2023 2. Guidance clarity statement required (a) Requirement Each agency, as defined in section 551 of title 5, United States Code, shall include a guidance clarity statement as described in subsection (b) on any guidance issued by that agency under section 553(b)(3)(A) of title 5, United States Code, on and after the date that is 30 days after the date on which the Director of the Office of Management and Budget issues the guidance required under subsection (c). (b) Guidance clarity statement A guidance clarity statement required under subsection (a) shall— (1) be displayed prominently on the first page of the document; and (2) include the following: The contents of this document do not have the force and effect of law and do not, of themselves, bind the public or the agency. This document is intended only to provide clarity to the public regarding existing requirements under the law or agency policies. (c) OMB guidance Not later than 90 days after the date of enactment of this Act, the Director of the Office of Management and Budget shall issue guidance to implement this Act. | Guidance Clarity Act of 2023 |
Securing Our Schools Act of 2023 This bill provides funding and resources to (1) strengthen security on school premises, and (2) provide access to student mental health resources. It also generally prohibits the use of federal funding provided by this bill for abortions. Specifically, the bill provides specified funds through FY2033 to the Department of Education (ED) for Student Support and Academic Enrichment grants. It also directs ED to use a portion of these funds to strengthen security on school premises. The bill reauthorizes through FY2029 the Nonprofit Security Grant Program and revises the program, including by increasing grant amounts for administrative costs and technical assistance. Further, the bill allows funds under the Community Oriented Policing Services grant program to be used to pay for school resource officers and improve physical security at schools. Additionally, the bill transfers specified funds under the American Rescue Plan (ARP) Act to ED to establish the Student Access to Mental Health Program Fund, through which ED must award grants to states to support the salary of a mental health professional in eligible schools; and specified unobligated funds under the ARP Act to support certain mental health programs of ED, the Department of Health and Human Services, and the Substance Abuse and Mental Health Services Administration. The Government Accountability Office must conduct a study on mental health providers in schools. The bill transfers specified unobligated funds that were provided to address COVID-19 to ED to carry out this bill. | 116 S1082 IS: Securing Our Schools Act of 2023 U.S. Senate 2023-03-30 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 118th CONGRESS 1st Session S. 1082 IN THE SENATE OF THE UNITED STATES March 30, 2023 Mr. Cruz Mr. Barrasso Committee on Health, Education, Labor, and Pensions A BILL To provide for safe schools and safe communities. 1. Short title This Act may be cited as the Securing Our Schools Act of 2023 2. Nonprofit security grant program Section 2009 of the Homeland Security Act of 2002 ( 6 U.S.C. 609a (1) in subsection (e), by striking 2022 through 2028 2023 through 2029 (2) by redesignating subsection (i) as subsection (l); (3) by inserting after subsection (h) the following: (i) Feedback (1) In general If the Administrator denies an application for a grant under this section, not later than 120 days after the date of the denial, the Administrator shall— (A) notify the applicant; and (B) provide an explanation for the denial. (2) Explanation An explanation described in paragraph (1)(B) shall include information identifying the reason for the denial of the application, including— (A) any factors that led to a lower score or rank compared to other applicants; and (B) an identification of any deficiencies in the application. (j) Administrative costs and technical assistance A State through which the Administrator makes a grant to an eligible nonprofit organization under this section shall receive a 5-percent increase in the amount of the grant— (1) for administrative costs; and (2) to provide technical assistance to the eligible nonprofit organization. (k) Application update and improvements (1) Public meeting Not later than 90 days after the date of enactment of the Securing Our Schools Act of 2023 (2) Report Not later than 180 days after the date of enactment of the Securing Our Schools Act of 2023 (A) develop recommendations to modernize and update the application process for a grant under this section, which shall include considerations for— (i) establishing a more streamlined application process; (ii) establishing greater uniformity in the application process among all applicants and the guidance provided to States through which the Administrator makes grants to eligible nonprofit organizations under this section; (iii) ensuring that the application template is compatible with the latest or most widely used version of software programs; and (iv) coordinating with the Administrator of General Services to ensure that applications submitted under this section are compatible across online platforms of the Federal Government; and (B) submit to the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Homeland Security of the House of Representatives a report that includes— (i) the recommendations developed under subparagraph (A); and (ii) a description of whether the recommendations developed under subparagraph (A) are consistent with feedback received at the public meeting required under paragraph (1). (3) Implementation of recommendations Not later than 270 days after the date of enactment of the Securing Our Schools Act of 2023 (4) Paperwork reduction act waiver For the purpose of meeting the deadlines established under this subsection, the Secretary may waive the application of subchapter I of chapter 35 ; and (4) in subsection (l), as so redesignated— (A) by amending paragraph (1) to read as follows: (1) In general There is authorized to be appropriated for grants under this section— (A) $360,000,000 for fiscal year 2023, of which— (i) $180,000,000 shall be for recipients in high-risk urban areas that receive funding under section 2003; and (ii) $180,000,000 shall be for recipients in jurisdictions that do not so receive such funding; and (B) $480,000,000 for each of fiscal years 2024 through 2029. ; (B) in paragraph (2), by striking 2028 2029 (C) by adding at the end the following: (3) High-risk urban areas Of the amounts made available to carry out this section for each of fiscal years 2024 through 2029, not less than 0.35 percent shall be for grants to eligible recipients located in each high-risk urban area receiving grants under section 2003. (4) Salaries and expenses Of the amounts made available to carry out this section in any fiscal year, the Administrator may transfer to another account of the Federal Emergency Management Agency not more than 3 percent for salaries and administrative expenses, including any necessary expenses to provide feedback or technical assistance to applicants for a grant under this section in accordance with subsection (j). . 3. Securing schools (a) In general (1) Appropriation There are authorized to be appropriated, and there are appropriated, to the Secretary of Education to carry out subpart 1 of part A of title IV of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7111 (2) School security The Secretary of Education shall use 50 percent of the funds appropriated under paragraph (1) to carry out clause (v) of section 4104(b)(3)(B) of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7114(b)(3)(B) (b) Elementary and Secondary Education Act of 1965 Section 4104 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7114 (1) in clause (iii), by striking and (2) by inserting after clause (iv) the following: (v) improving school conditions for student learning, by enabling local educational agencies to use funds available under subsection (a)(3) for the purpose of planning and designing school buildings and facilities, installing infrastructure, and implementing technology or other measures, that strengthen security on school premises, which may include— (I) controlling access to school premises or facilities, through the use of metal detectors, or other measures, or technology, with evidence-based effectiveness (to the extent the State involved determines that such evidence is reasonably available), which may include— (aa) secured campus external gate or locked doors or check-in points; (bb) active shooter alert systems; (cc) access control; (dd) internal door locks; (ee) peepholes for classroom doors; (ff) school site alarm and protection systems; (gg) metal detectors or x-ray machines (including portable); (hh) door locking mechanisms and access control doors; (ii) increased lighting on school grounds; (jj) emergency call boxes; (kk) two-way radios; (ll) emergency alerts; (mm) surveillance cameras or systems and infrastructure (such as poles and wiring); (nn) software costs and warranties; (oo) fencing and gating; and (pp) emergency generators to provide back-up power for phone systems, critical lighting, and essential outlets; (II) implementing any technology or measure, or installing any infrastructure, to cover and conceal students within the school during crisis situations; (III) implementing technology to provide coordination with law enforcement and notification to relevant law enforcement and first responders during such a situation, which shall include— (aa) emergency planning and preparation; (bb) emphasis on a school safety plan with buy in from all elements of the school community, including board members, employees, students, parents, law enforcers, government and business leaders, the media, and local residents; (cc) school implementation of threat assessment programs; (dd) development of district-based mandatory incident reporting systems; (ee) establishment of local school safety advisory groups (including parents, families, judges, first responders, health and human service professionals, and mental health professionals); (ff) evidence-based training for school resource officers, school personnel, and students to prevent student violence to enable them to recognize and quickly respond to warning signs; (gg) development and operations of anonymous reporting systems; (hh) evidence-based school threat assessment and crisis intervention teams; (ii) programs to facilitate coordination with local law enforcement; (jj) liability and insurance for school districts; (kk) trauma-informed training for school staff on responses to active shooter situations; and (ll) community engagement for planning and implementing safety policies and procedures; (IV) implementing any technology or measure, including hiring school security officers, or installing any infrastructure, with evidence-based effectiveness (to the extent the State involved determines that such evidence is reasonably available) to increase the safety of school students and staff; (V) implementing any technology or measure, or installing any infrastructure, for school safety reinforcement, including bullet-resistant doors and windows; and (VI) implementing any technology or system that would reduce the time needed to disseminate official information to parents regarding the safety of their children during and immediately following a crisis; . 4. Improving school security through the COPS ON THE BEAT program Section 1701(b) of title I of the Omnibus Crime Control and Safe Streets Act of 1968 ( 34 U.S.C. 10381(b) (1) in paragraph (22), by striking and (2) in paragraph (23), by striking the period at the end and inserting a semicolon; and (3) by adding at the end the following: (24) to pay salaries and expenses of school resource officers at public, charter, and private elementary schools and secondary schools (as such terms are defined under section 8101 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7801 (25) to improve physical school security at public, charter, and private elementary schools and secondary schools (as such terms are defined under section 8101 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7801 (A) fencing, external gates, door locks, and check-in points, to establish a secured campus; (B) active shooter alert systems; (C) access controls; (D) internal door locks; (E) school site alarm and protection systems; (F) metal detector or x-ray machines (including portable machines); (G) ballistic safety equipment for schools and responding law enforcement officers; (H) increased lighting on school grounds; (I) emergency call boxes; (J) two-way radios; (K) emergency alert systems; (L) surveillance cameras or systems, including infrastructure for such systems such as poles and wiring; (M) software costs and warranties; and (N) emergency generators to provide back-up power for phone systems, critical lighting, and essential outlets. . 5. Student mental health (a) Student access to mental health program fund (1) Definitions In this subsection: (A) Eligible school The term eligible school (B) Secretary The term Secretary (2) Student access to mental health program fund (A) In general From the funds made available to carry out section 2001 of the American Rescue Plan Act of 2021 ( 20 U.S.C. 3401 Student Access to Mental Health Program Fund (B) Allocation From the amounts available in the Fund established under subparagraph (A), the Secretary shall make an allocation to each State in the same proportion as the number of eligible schools located in the State. (C) Partnership (i) In general A State awarded a grant under this subsection shall comply with the following: (I) The State shall use the grant funds to cover the cost of the salary, which shall be not more than $55,000, for 10 years for a mental health professional to serve eligible schools located in the State. Such mental health professional shall serve not more than 5 eligible schools in any school year by rotating among the schools for not less than 1 day a week at each such school. (II) The State shall expend non-Federal funds to pay for the other costs of recruitment, training, and benefits for each such mental health professional, and any other expenses related to such employment. (ii) Conditions of grants A State awarded a grant under this subsection shall require that each eligible school served by the grant— (I) provide to the parents of any student enrolled in the school who has not reached age 19 who meets with a mental health professional employed at the school with all counseling records and mental health assessments for such student; (II) not teach Critical Race Theory or include Critical Race Theory in any school program; and (III) not advocate for abortion or abortion services in any form. (b) Funds for programs The unobligated balance of funds made available to carry out sections 2021 and 6002 of the American Rescue Plan Act of 2021 ( Public Law 117–2 (1) Project AWARE State Educational Agency Grant Program carried out by the Secretary of Health and Human Services. (2) Student Support and Academic Enrichment Grant Program carried out by the Secretary of Education. (3) Community Mental Health Services Block Grant Program carried out by the Secretary of Health and Human Services. (4) Children’s Mental Health Initiative of the Substance Abuse and Mental Health Services Administration. (c) Best practices (1) ESEA definitions In this subsection, the terms elementary school secondary school 20 U.S.C. 7801 (2) Development and dissemination of best practices Not later than 1 year after the date of enactment of this Act, the Administrator of the Substance Abuse and Mental Health Services Administration, the Secretary of Health and Human Services, and the Secretary of Education shall work in consultation to— (A) develop best practices for identifying warning signs of mental health problems with students and identify warning signs for teachers and administrator that a student is at high-risk for violence, specifically for a mass shooting; (B) develop best practices for identifying warning signs of mental health problems with children and identify warning signs for individuals who work at a social service agency that a child under the age of 18 is at high-risk for violence, specifically for a mass shooting; and (C) disseminate the best practices developed under subparagraphs (A) and (B) to each elementary school and secondary school in the United States, and publish the best practices on a publicly accessible website of the Department of Education and the Substance Abuse and Mental Health Services Administration. (d) GAO study (1) In general The Comptroller General of the United States shall conduct a study on how many elementary schools and secondary schools in the United States have a mental health provider for students, how many students take advantage of the mental health services, the main causes for students to access the services. (2) ESEA definitions In this subsection, the terms elementary school secondary school 20 U.S.C. 7801 6. Authorization and appropriations of funds The unobligated balance of funds made available to carry out section 18003 of division B of the CARES Act ( Public Law 116–136 Public Law 116–260 20 U.S.C. 3401 7. No Federal funding for abortions (a) In general No funds authorized or appropriated by this Act, or an amendment made by this Act, shall be expended for any abortion or counseling that results in encouraging, facilitating, or referral for an abortion. (b) Health benefits coverage No funds authorized or appropriated by this Act, or an amendment made by this Act, shall be expended for health benefits coverage that includes coverage of abortion. (c) Exceptions The limitations established in paragraphs (a) and (b) shall not apply to an abortion— (1) if the pregnancy is the result of an act of rape or incest; or (2) in the case where a woman suffers from a physical disorder, physical injury, or physical illness, including a life-endangering physical condition caused by or arising from the pregnancy itself, that would, as certified by a physician, place the woman in danger of death unless an abortion is performed. | Securing Our Schools Act of 2023 |
Disability and Age in Jury Service Nondiscrimination Act This bill prohibits the exclusion of individuals from jury service on the basis of their disability or age. Further, the bill prohibits the disqualification of individuals from jury service who fail to meet certain qualifications (e.g., adequate proficiency in English) on the basis of their disability or infirmity if reasonable accommodations can be made. | 118 S1086 IS: Disability and Age in Jury Service Nondiscrimination Act U.S. Senate 2023-03-30 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 118th CONGRESS 1st Session S. 1086 IN THE SENATE OF THE UNITED STATES March 30, 2023 Mr. Markey Mr. Casey Mr. Sanders Mr. Blumenthal Ms. Duckworth Ms. Warren Mr. Padilla Mr. Wyden Ms. Smith Ms. Klobuchar Committee on the Judiciary A BILL To amend title 28, United States Code, to prohibit the exclusion of individuals from service on a Federal jury on account of disability. 1. Short title This Act may be cited as the Disability and Age in Jury Service Nondiscrimination Act 2. Exclusion from Federal juries on account of disability (a) Discrimination prohibited Section 1862 of title 28, United States Code, is amended by inserting disability, age, origin, (b) Qualifications for jury service Section 1865 of title 28, United States Code, is amended— (1) in subsection (b)(4), by inserting that cannot be reasonably accommodated infirmity (2) by adding at the end the following: (c) No person may be disqualified from serving on grand and petit juries in the district court under paragraph (2) or (3) of subsection (b) on account of disability if the person would be qualified under such paragraph (2) or (3) by reasonable accommodation. . | Disability and Age in Jury Service Nondiscrimination Act |
North Dakota Trust Lands Completion Act of 2023 This bill authorizes the Department of the Interior to exchange, at the election of North Dakota, certain federal land for certain state land of substantially equal value. Specifically, subject to valid existing rights, if North Dakota elects to relinquish a parcel of state land located wholly or partially within the boundaries of any Indian reservation, the bill authorizes North Dakota to select one or more parcels of federal land of substantially equivalent value within that state. No later than 60 days after Interior approves North Dakota's selection of federal land, Interior shall initiate the actions necessary to convey the federal land to the state. As consideration for the conveyance of the federal land, North Dakota shall concurrently relinquish and convey the state land to Interior. Land conveyed to Interior that is within the boundaries of a reservation becomes part of the reservation on request of the tribe. | 118 S1088 IS: North Dakota Trust Lands Completion Act of 2023 U.S. Senate 2023-03-30 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 118th CONGRESS 1st Session S. 1088 IN THE SENATE OF THE UNITED STATES March 30, 2023 Mr. Hoeven Mr. Cramer Committee on Energy and Natural Resources A BILL To authorize the relinquishment and in lieu selection of land and minerals in the State of North Dakota, to restore land and minerals to Indian Tribes within the State of North Dakota, and for other purposes. 1. Short title This Act may be cited as the North Dakota Trust Lands Completion Act of 2023 2. Findings Congress finds that— (1) in 1889, Congress enacted the North Dakota Enabling Act to provide for the division of Dakota into two States and to enable the people of North Dakota, South Dakota, Montana, and Washington to form constitutions and State governments and to be admitted into the Union on an equal footing with the original States, and to make donations of public lands to such States (2) section 10 of the North Dakota Enabling Act (25 Stat. 679, chapter 180)— (A) with certain exceptions, granted sections 16 and 36 in every township to the new States of North Dakota, South Dakota, Montana, and Washington for the support of common schools (B) in cases where portions of sections 16 and 36 had been reserved, granted, or sold prior to those States attaining statehood, authorized indemnity or in lieu (3) the State of North Dakota was granted land and minerals totaling more than 2,500,000 acres under the North Dakota Enabling Act; (4) the North Dakota Enabling Act provided further land grants to the State of North Dakota for the support of colleges, universities, the State capitol, and other public institutions; (5) prior to the enactment of the North Dakota Enabling Act, the United States, through treaties and Executive orders, including the Treaty between the United States of America and the Mandan, Hidatsa, Arikara, and other Tribal Nations, made and concluded at Fort Laramie September 17, 1851 (11 Stat. 749), the Treaty between the United States of America and the Sisseton and Wahpeton Bands of Dakota or Sioux Indians, made and concluded at Washington February 19, 1867 (15 Stat. 505), the Treaty between the United States of America and different Tribes of Sioux Indians, made and concluded at Fort Laramie April 29, 1868 (15 Stat. 635), and the Executive order of April 12, 1870, established several reservations of land for multiple Indian Tribes located in the State of North Dakota; (6) authorizing the State to relinquish the State land grant parcels located within the reservations and to select other Federal land or minerals in lieu of the relinquished State land grant parcels will— (A) fulfill the promise of land and minerals to the State; and (B) provide to Indian Tribes greater Tribal sovereignty and control of land and minerals within the reservations; and (7) Congress should authorize the State— (A) to relinquish the land and minerals located within the reservations; and (B) to select in lieu of the relinquished land other Federal land or minerals in the State of North Dakota of equal value. 3. Definitions In this Act: (1) Federal land The term Federal land (2) North Dakota Enabling Act The term North Dakota Enabling Act (3) Public land The term public land public lands 43 U.S.C. 1702 (4) Reservation The term reservation (5) Secretary The term Secretary (6) State The term State (7) State land grant parcel The term State land grant parcel (A) a parcel of land granted to the State of North Dakota by Congress— (i) on statehood; or (ii) through a grant pursuant to the North Dakota Enabling Act; (B) a section of land numbered 16 or 36 granted to the State of North Dakota by Congress for school purposes; (C) a parcel of land selected by the State of North Dakota as indemnity for any section of land numbered 16 or 36; and (D) a parcel of land other than a parcel of land described in subparagraph (A), (B), or (C) obtained by the State after statehood. (8) Unappropriated Federal land (A) In general The term unappropriated Federal land (B) Exclusions The term unappropriated Federal land (i) surface interests acquired by the Bureau of Land Management; (ii) any area of critical environmental concern established pursuant to section 202(c)(3) of the Federal Land Policy and Management Act of 1976 ( 43 U.S.C. 1712(c)(3) (iii) land that is— (I) withdrawn from public entry; (II) located within a unit of the National Park System; (III) located within any reservation; (IV) located within— (aa) T. 147 N., R. 95 W.; (bb) T. 148 N., R. 95 W.; (cc) T. 148 N., R. 96 W.; or (dd) T. 149 N., R. 95 W.; (V) located within a United States military reservation; or (VI) designated by Congress or the President for conservation purposes. 4. Relinquishment and selection; conveyance (a) Relinquishment and selection (1) In general Subject to valid existing rights, if the State elects to relinquish all right, title, and interest of the State in and to a State land grant parcel located wholly or partially within the boundaries of any reservation, the Secretary shall authorize the State to select in accordance with this Act 1 or more parcels of unappropriated Federal land of substantially equivalent value within the State of North Dakota. (2) Approval Not later than 90 days after the date on which the State makes a selection under paragraph (1), the Secretary shall approve or reject, in whole or in part, the selection. (b) Conveyance (1) Conveyance by Secretary (A) In general Not later than 60 days after the date on which the Secretary approves a State selection of unappropriated Federal land under subsection (a)(2), the Secretary shall initiate the actions necessary to convey to the State the unappropriated Federal land. (B) Requirements Conveyance of Federal land by the Secretary under this Act— (i) shall be by clear list, patent, or deed acceptable to the State; and (ii) shall not be considered a sale, exchange, or conveyance under section 203, 205, 206, or 209 of the Federal Land Policy and Management Act of 1976 ( 43 U.S.C. 1713 (2) Relinquishment and conveyance by State (A) In general As consideration for the conveyance of Federal land under paragraph (1), on the date on which the Federal land is conveyed to the State, the State shall concurrently relinquish and convey to the Secretary all right, title, and interest of the State in and to the State land grant parcel identified for relinquishment under subsection (a)(1). (B) Title The State shall convey to the Secretary title, free of any financial claims, liabilities, or other financial encumbrances, to all parcels relinquished under subparagraph (A). (C) Limitation Relinquishment and conveyance by the State of a State land grant parcel under this Act shall not be considered an exchange or acquisition for purposes of section 205 or 206 of the Federal Land Policy and Management Act of 1976 ( 43 U.S.C. 1715 (c) Succession to rights and obligations Each party to which land is conveyed under this Act shall, to the fullest extent allowable under Federal and State law, succeed to the rights and obligations of the conveying party with respect to any lease, right-of-way, permit, or other valid existing right to which the land is subject. (d) Management after relinquishment (1) Reservation If a State land grant parcel relinquished by the State and conveyed to the Secretary under this Act is located wholly or partially within the boundaries of any reservation, on request of the applicable Indian Tribe, the portion of the State land grant parcel located within the boundaries of the reservation shall be— (A) taken into trust by the Secretary on behalf of, and for the benefit of, the Indian Tribe on the date of the conveyance; and (B) considered to be a part of the reservation of the Indian Tribe. (2) Consultation required Prior to the conveyance of a State land grant parcel located wholly or partially within the boundaries of any reservation, the State and the Secretary shall consult with the Indian Tribe the land of which is subject to conveyance in accordance with Executive Order 13175 ( 25 U.S.C. 5301 (e) Special rules for mineral land (1) Definition of unappropriated Federal land subject to a lease or permit In this subsection, the term unappropriated Federal land subject to a lease or permit (A) issued under the Mineral Leasing Act 30 U.S.C. 181 et seq. (B) in a producing or producible status during the 10-year period following the date of enactment of this Act. (2) Selection of mineral land The State may select, and the Secretary may convey, unappropriated Federal land that is mineral in character under subsection (b) on the condition that, except as provided in paragraph (3)(A), if the selected land is unappropriated Federal land subject to a lease or permit— (A) the Secretary shall reserve an overriding interest in the portion of the mineral estate that is comprised of minerals subject to leasing under the Mineral Leasing Act 30 U.S.C. 181 et seq. (B) such a selection shall not include any portion of the mineral lease or permit. (3) Conveyance of mineral estate (A) In general If the State selects unappropriated Federal land subject to a lease or permit under paragraph (2), on the option of the State— (i) the Secretary may convey with the surface interest in the land the interest in the mineral estate that is comprised of minerals subject to leasing under the Mineral Leasing Act 30 U.S.C. 181 et seq. (ii) all Federal mining claims over the land shall be converted to State leases in accordance with this paragraph. (B) Mining claims To facilitate the conversion of Federal mining claims to State leases under subparagraph (A), a Federal mining claimant may file with the Secretary a voluntary relinquishment of the Federal mining claim conditioned on— (i) conveyance of the land to the State; and (ii) the conversion of the Federal mining claim to a State lease. (C) Obligations under Federal law Until the date on which the land is conveyed to the State under subparagraph (A), a Federal mining claimant shall be subject to any obligations relating to the land under Federal law. (D) No relinquishment If the land previously encumbered by the relinquished Federal mining claim is not conveyed to the State under subparagraph (A), the relinquishment of land under subparagraph (B) shall have no effect. (E) Rights-of-way; other interest On conveyance to the State of land encumbered by a relinquished Federal mining claim under this paragraph, the State shall assume authority over any leases, licenses, permits, rights-of-way, operating plans, other land use authorizations, or reclamation obligations applicable to the relinquished Federal mining claim on the date of conveyance. (F) Valuation If a Federal mining claimant does not voluntarily relinquish under subparagraph (B) a Federal mining claim on land conveyed to the State, the Secretary shall take into account the encumbrance represented by the claim in determining the value of the land under section 5(b). (f) Withdrawal (1) In general Subject to valid rights in existence on the date of enactment of this Act, all Federal land selected by the State for conveyance under this Act, effective beginning on the date on which the State makes the selection and ending on the date described in paragraph (2), is withdrawn from all forms of— (A) entry, appropriation, or disposal under the public land laws; (B) location, entry, and patent under the mining laws; and (C) disposition under all laws pertaining to mineral and geothermal leasing or mineral materials. (2) Date described The date referred to in paragraph (1) is the date on which, as applicable— (A) the Federal land is conveyed by the Secretary to the State; (B) the Secretary rejects the selection under subsection (a)(2); or (C) the State withdraws the selection. 5. Valuation (a) Equal value With respect to a State land grant parcel conveyed under this Act in consideration for a parcel of Federal land selected in accordance with this Act— (1) the overall value of the State land grant parcel and the overall value of the parcel of Federal land shall be substantially equal; or (2) subject to subsection (c), if the overall value of the parcels is not equal, the party conveying the parcel of lesser value shall— (A) equalize the value by the payment of funds to the other party; or (B) enter the imbalance in value on a ledger account in accordance with subsection (e). (b) Appraisal required Except as provided in subsection (d), the Secretary shall determine the value of a State land grant parcel and a parcel of Federal land to be conveyed under this Act through an appraisal completed in accordance with— (1) the Uniform Appraisal Standards for Federal Land Acquisitions; or (2) subject to subsection (d)(1), the Uniform Standards for Professional Appraisal Practice. (c) Equalization With respect to a conveyance to the Secretary of a State land grant parcel of lesser value than the parcel of Federal land to be conveyed to the State under this Act, the total value of the equalization payment described in subsection (a)(2)(A) or the ledger entry described in subsection (e), as applicable, may not exceed 25 percent of the total value of the parcel of Federal land. (d) Low value parcels (1) In general The Secretary, with the consent of the State, may use mass appraisals, a summary appraisal, or a statement of value made by a qualified appraiser carried out in accordance with the Uniform Standards for Professional Appraisal Practice to determine the value of a State land grant parcel or a parcel of Federal land to be conveyed under this Act instead of an appraisal that complies with the Uniform Appraisal Standards for Federal Land Acquisitions if the State and the Secretary agree that market value of the State land grant parcel or parcel of Federal land, as applicable, is— (A) less than $500,000; and (B) less than $500 per acre. (2) Division A State land grant parcel or a parcel of Federal land may not be artificially divided in order to qualify for a summary appraisal, mass appraisal, or statement of value under paragraph (1). (e) Ledger accounts (1) In general With respect to a State land grant parcel conveyed under this Act in consideration for a parcel of Federal land, if the overall value of the parcels is not equal, the Secretary and the State may agree to use a ledger account to make equal the value. (2) Imbalances A ledger account described in paragraph (1) shall reflect imbalances in value to be reconciled in a subsequent transaction. (3) Account balancing Each ledger account described in paragraph (1) shall be— (A) balanced not later than 3 years after the date on which the ledger account is established; and (B) closed not later than 5 years after the date of the last conveyance of land under this Act. (4) Costs (A) In general The Secretary or the State may assume costs or other responsibilities or requirements for conveying land under this Act that ordinarily are borne by the other party. (B) Adjustment If the Secretary or the State assume costs or other responsibilities under subparagraph (A), the Secretary or the State shall make adjustments to the value of the Federal land conveyed to the State to compensate the Secretary or the State, as applicable, for assuming the costs or other responsibilities. (5) Mineral land If value is attributed to any parcel of Federal land that has been selected by the State because of the presence of minerals under a lease entered into under the Mineral Leasing Act ( 30 U.S.C. 181 et seq. 30 U.S.C. 181 et seq. 6. Miscellaneous (a) In general Land or minerals conveyed under this Act shall be subject to all applicable Federal, State, and Tribal law. (b) Protection of Indian rights (1) Treaty rights Nothing in this Act modifies, limits, expands, or otherwise affects any treaty-reserved right or other right of any Indian Tribe recognized by any other means, including treaties or agreements with the United States, Executive orders, statutes, regulations, or case law. (2) Land or minerals held in trust Nothing in this Act affects— (A) land or minerals held in trust by the United States as of the date of enactment of this Act on behalf of, and for the benefit of, any Indian Tribe; or (B) any individual Indian allotment. (c) Hazardous materials (1) In general The Secretary and the State shall make available for review and inspection any record relating to hazardous materials on land to be conveyed under this Act. (2) Certification (A) In general Prior to completing a conveyance of Federal land under this Act, the Secretary shall complete an inspection and a hazardous materials certification of the land to be conveyed. (B) State land grant parcels Prior to completing a conveyance of a State land grant parcel under this Act, the State shall complete an inspection and a hazardous materials certification of the land to be conveyed. (d) Grazing permits (1) In general If land conveyed under this Act is subject to a lease, permit, or contract for the grazing of domestic livestock in effect on the date of the conveyance, the Secretary or the State, as applicable, shall allow the grazing to continue for the remainder of the term of the lease, permit, or contract, subject to the related terms and conditions of the user agreements, including permitted stocking rates, grazing fee levels, access, and ownership and use of range improvements. (2) Cancellation (A) In general Nothing in this Act prevents the Secretary or the State from canceling or modifying a grazing permit, lease, or contract if the land subject to the permit, lease, or contract is sold, conveyed, transferred, or leased for nongrazing purposes. (B) Base properties If land conveyed by the State under this Act is used by a grazing permittee or lessee to meet the base property requirements for a Federal grazing permit or lease, the land shall continue to qualify as a base property for the remaining term of the lease or permit and the term of any renewal or extension of the lease or permit. (C) Range improvements Nothing in this Act prohibits a holder of a grazing lease, permit, or contract from being compensated for range improvements pursuant to the terms of the lease, permit, or contract under existing Federal or State laws. 7. Savings clause Nothing in this Act applies to or impacts the ownership of any land or mineral resources. | North Dakota Trust Lands Completion Act of 2023 |
Coal Council Certainty Act of 2023 This bill requires the Department of Energy (DOE) to reinstate the National Coal Council (NCC), which provided DOE with advice and guidance about policies concerning coal until its charter expired in November 2021. The bill permanently extends the NCC's original charter and thus prevents the reinstated council from expiring. | 118 S1089 IS: Coal Council Certainty Act of 2023 U.S. Senate 2023-03-30 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 118th CONGRESS 1st Session S. 1089 IN THE SENATE OF THE UNITED STATES March 30, 2023 Mr. Hoeven Mr. Barrasso Mrs. Capito Mr. Cramer Mr. Daines Mr. Lankford Ms. Lummis Committee on Energy and Natural Resources A BILL To maintain the National Coal Council in the Department of Energy to provide advice and recommendations to the Secretary of Energy on matters relating to coal and the coal industry, and for other purposes. 1. Short title This Act may be cited as the Coal Council Certainty Act of 2023 2. National Coal Council (a) In general The Secretary of Energy shall maintain the National Coal Council, in accordance with the charter for the National Coal Council (as filed with Congress on November 19, 2021). (b) Applicability of the Federal Advisory Committee Act (1) In general Subject to paragraph (2), the Federal Advisory Committee Act (2) Termination Section 14 of the Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the National Coal Council. | Coal Council Certainty Act of 2023 |
Making Education Affordable and Accessible Act of 2023 This bill reauthorizes through FY2029 and revises the Fund for the Improvement of Postsecondary Education (FIPSE) program. The bill also authorizes new grants under the FIPSE program. Specifically, the Department of Education may award grants to institutions of higher education for dual or concurrent enrollment programs or early college high school programs that allow high school students to earn postsecondary credits. | 118 S1092 IS: Making Education Affordable and Accessible Act of 2023 U.S. Senate 2023-03-30 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 118th CONGRESS 1st Session S. 1092 IN THE SENATE OF THE UNITED STATES March 30, 2023 Mr. Peters Mr. Boozman Mr. Kaine Mr. Braun Committee on Health, Education, Labor, and Pensions A BILL To amend the Higher Education Act of 1965 to make college affordable and accessible by expanding access to dual or concurrent enrollment programs and early college high school programs. 1. Short title This Act may be cited as the Making Education Affordable and Accessible Act of 2023 2. Dual or concurrent enrollment programs and early college high school Part B of title VII of the Higher Education Act of 1965 ( 20 U.S.C. 1138 et seq. (1) by redesignating section 745 as section 746; (2) in section 746, as redesignated by paragraph (1), by striking fiscal year 2009 fiscal year 2024 (3) by inserting after section 744 the following: 745. Dual or concurrent enrollment programs and early college high school (a) Purpose The purpose of this section is to expand access for high school students to the opportunities offered in dual or concurrent enrollment programs and early college high school programs established through partnerships between local educational agencies and institutions of higher education that enable such students to earn postsecondary credits while enrolled in a public high school. (b) Definitions In this section: (1) ESEA definitions The terms dual or concurrent enrollment program early college high school high school 20 U.S.C. 7801 (2) Eligible institution The term eligible institution (c) Grants authorized The Secretary may award grants to eligible institutions to carry out dual or concurrent enrollment programs or early college high school programs. (d) Application An eligible institution that desires to receive 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 require. Such application shall include a description of— (1) the partnership between the eligible institution and each local educational agency involved in carrying out the dual or concurrent enrollment program or early college high school program; and (2) how the eligible institution will expand student access to a dual or concurrent enrollment program or an early college high school program, especially for students described in subsection (e). (e) Priority In awarding grants under this section, the Secretary shall give priority to eligible institutions that will use grant funds for dual or concurrent enrollment programs or early college high school programs that serve students from low-income families, students from rural communities, or first-generation college students (as defined in section 402A(h)). (f) Use of funds An eligible institution that receives a grant under this section shall use the grant funds to carry out a dual or concurrent enrollment program or an early college high school program for students enrolled in a public high school, which may include activities such as— (1) providing educators, principals, and other school leaders with professional development activities that enhance or enable the provision of postsecondary coursework through a dual or concurrent enrollment program or an early college high school program; (2) designing the curriculum and sequence of courses for a dual or concurrent enrollment program or an early college high school program in collaboration with educators from the local educational agency and faculty from the eligible institution; (3) establishing a course articulation process for defining and approving courses for high school and postsecondary credit or credentials for both 2-year and 4-year institutions of higher education in the State; (4) establishing outreach programs to provide elementary school and secondary school students, especially those students in middle grades, and their parents, educators, school counselors, and principals information about and academic preparation for a dual or concurrent enrollment program or an early college high school program; (5) helping students meet eligibility criteria for postsecondary courses and ensuring that students understand how credits earned will transfer to institutions of higher education in the State; or (6) coordinating high school transition and postsecondary support services and academic calendars. (g) Flexibility of funds (1) In general Subject to paragraph (2), an eligible institution that receives a grant under this section may use grant funds for any of the costs associated with carrying out a dual or concurrent enrollment program or an early college high school program, including the costs of— (A) tuition and fees, books, and required instructional materials for the program so that students will not be required to pay tuition or fees for postsecondary courses; and (B) transportation to and from the program. (2) Limitation An eligible institution may use not more than 20 percent of grant funds received under this section for transportation costs described in paragraph (1)(B). (h) Evaluation and report (1) In general Each eligible institution receiving a grant under this section shall— (A) conduct an independent evaluation of the effectiveness of the activities carried out by such eligible institution under this section; and (B) prepare and submit to the Secretary a report containing the results of the evaluation described in subparagraph (A). (2) Requirements The Secretary may establish requirements for program evaluations. . | Making Education Affordable and Accessible Act of 2023 |
Hawaii Air Tour Management Act of 2023 This bill requires the Federal Aviation Administration (FAA) to establish an air tour management plan for areas of Hawaii that are not located within the National Park System. (Current law requires the FAA to establish air tour management plans for national parks and tribal lands that are within or abutting a national park.) The FAA and Hawaii must enter into an agreement to establish (1) the content of an air tour management plan, (2) the procedure for establishing a plan, and (3) the responsibilities of each party in carrying out the plan. Prior to the establishment of this air tour management plan, the FAA may grant an air tour operator that is operating within Hawaii, and not within the National Park System, interim operating authority. The legal requirements of the Administrative Procedure Act do not apply to the establishment of an air tour management plan under this bill. | 118 S1093 IS: Hawaii Air Tour Management Act of 2023 U.S. Senate 2023-03-30 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 118th CONGRESS 1st Session S. 1093 IN THE SENATE OF THE UNITED STATES March 30, 2023 Mr. Schatz Ms. Hirono Committee on Commerce, Science, and Transportation A BILL To require the Administrator of the Federal Aviation Administration to establish an air tour management plan for certain areas of Hawaii, and for other purposes. 1. Short title This Act may be cited as the Hawaii Air Tour Management Act of 2023 2. Air tour management plan for certain areas of Hawaii (a) Air tour management plan (1) In general Notwithstanding section 40128 of title 49, United States Code, subject to paragraph (2), not later than 2 years after the date of enactment of this section, the Administrator of the Federal Aviation Administration, in consultation with the Governor of Hawaii, shall establish an air tour management plan for any area within the State of Hawaii that is not located within the National Park System. (2) Requirements The Administrator of the Federal Aviation Administration shall enter into an agreement with the Governor of Hawaii to establish the contents of the plan required by paragraph (1), the procedure for establishing such plan (including with respect to any amendments to the plan), and the responsibilities of each party to such agreement in carrying out the plan. (b) Interim authority Until the date on which the air tour management plan is established under subsection (a), the Administrator of the Federal Aviation Administration may grant an air tour operator operating in an area within the State of Hawaii that is not located within the National Park System interim operating authority for that area. (c) Non-Application of the APA The provisions of subchapter II of chapter 5, and chapter 7, of title 5, United States Code (commonly known as the Administrative Procedure Act | Hawaii Air Tour Management Act of 2023 |
Journalism Competition and Preservation Act of 2023 This bill sets out a process through which certain broadcast or digital news providers may collectively negotiate with covered online platforms (e.g., social media companies) regarding use of the news providers' content by the platforms. Specifically, the bill authorizes an eligible provider (e.g., one with no more than 1,500 full-time employees and nonnetwork news broadcasters that engage in specified news practices) to jointly form an entity with other eligible providers to negotiate the pricing, terms, and conditions by which covered online platforms use the providers' content. A covered platform is generally one that (1) has at least 50 million monthly domestic users, and (2) is owned or controlled by a person with either sales or a market capitalization that exceeds a specified amount or at least one billion monthly users worldwide. The bill establishes requirements concerning the formation, governance, operation, and termination of the joint negotiation entity. It also exempts from antitrust laws certain actions by a joint negotiation entity (e.g., providers jointly denying a platform's access to the providers' content). The bill outlines requirements governing the conduct of the negotiations by, for example, requiring the parties to negotiate in good faith. Additionally, the bill provides for private rights of action if the requirements for a negotiation are not met and establishes requirements for arbitration in limited circumstances. The Government Accountability Office must study the impact of the joint negotiations, including their effects on local and regional news and the employment of journalists. In general, the bill's provisions terminate six years after its enactment. | 118 S1094 IS: Journalism Competition and Preservation Act of 2023 U.S. Senate 2023-03-30 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 118th CONGRESS 1st Session S. 1094 IN THE SENATE OF THE UNITED STATES March 30, 2023 Ms. Klobuchar Mr. Kennedy Mr. Durbin Mr. Daines Mr. Blumenthal Mr. Cassidy Mr. Whitehouse Mr. Graham Ms. Collins Mr. Manchin Ms. Lummis Mr. Booker Mr. Wicker Committee on the Judiciary A BILL To provide a temporary safe harbor for publishers of online content to collectively negotiate with dominant online platforms regarding the terms on which content may be distributed. 1. Short title This Act may be cited as the Journalism Competition and Preservation Act of 2023 2. Definitions In this Act: (1) Access The term access (2) Antitrust laws The term antitrust laws (A) has the meaning given the term in subsection (a) of the first section of the Clayton Act ( 15 U.S.C. 12 (B) includes— (i) section 5 of the Federal Trade Commission Act ( 15 U.S.C. 45 (ii) any State law (including regulations) that prohibits or penalizes the conduct described in, or is otherwise inconsistent with, sections 3 or 4. (3) Covered platform The term covered platform (A) has at least 50,000,000 United States-based monthly active users or subscribers on the online platform; (B) is owned or controlled by a person with— (i) United States net annual sales or a market capitalization greater than $550,000,000,000, adjusted for inflation on the basis of the Consumer Price Index; or (ii) not fewer than 1,000,000,000 worldwide monthly active users on the online platform; and (C) is not an organization described in section 501(c)(3) (4) Eligible broadcaster The term eligible broadcaster (A) holds or operates under a license issued by the Federal Communications Commission under title III of the Communications Act of 1934 ( 47 U.S.C. 301 et seq. (B) engages professionals to create, edit, produce, and distribute original content concerning local, regional, national, or international matters of public interest through activities including conducting interviews, observing current events, analyzing documents and other information, and fact checking through multiple firsthand or secondhand news sources; (C) updates its content on at least a weekly basis; (D) uses an editorial process for error correction and clarification, including a transparent process for reporting errors or complaints to the station; and (E) is not a television network. (5) Eligible digital journalism provider The term eligible digital journalism provider (6) Eligible publisher The term eligible publisher (7) Network station The term network station (8) Online platform The term online platform (9) Person The term person (10) Pricing, terms, and conditions The term pricing, terms, and conditions (11) Qualifying publication The term qualifying publication (A) does not primarily display, provide, distribute, or offer content generated, created, produced, or owned by an eligible broadcaster or television network; and (B) (i) provides information to an audience primarily in the United States; (ii) performs a public-information function comparable to that traditionally served by newspapers and other periodical news publications; (iii) engages professionals to create, edit, produce, and distribute original content concerning local, regional, national, or international matters of public interest through activities, including conducting interviews, observing current events, or analyzing documents and other information, and fact checking through multiple firsthand or secondhand news sources; (iv) updates its content on at least a weekly basis; (v) has an editorial process for error correction and clarification, including a transparent process for reporting errors or complaints to the publication; (vi) (I) generated at least $100,000 in annual revenue from its editorial content in the previous calendar year; (II) has an International Standard Serial Number assigned to an affiliated periodical before the date of enactment of this Act; or (III) is owned or controlled by an exempt organization described in section 501(c)(3) (vii) has not less than 25 percent of its editorial content consisting of information about topics of current local, national, or international public interest; (viii) employed not more than 1,500 exclusive full-time employees during the 12-month period prior to the date of enactment of this Act; and (ix) is not controlled or wholly or partially owned by an entity that is— (I) a foreign power or an agent of a foreign power, as those terms are defined in section 101 of the Foreign Intelligence Surveillance Act of 1978 ( 50 U.S.C. 1801 (II) (aa) designated as a foreign terrorist organization pursuant to section 219(a) of the Immigration and Nationality Act ( 8 U.S.C. 1189(a) (bb) a terrorist organization, as defined in section 212(a)(3)(B)(vi)(II) of the Immigration and Nationality Act ( 8 U.S.C. 1182(a)(3)(B)(vi)(II) (cc) designated as a specially designated global terrorist organization under Executive Order 13224 ( 50 U.S.C. 1701 (dd) an affiliate of an entity described in item (aa), (bb), or (cc); or (III) an entity that has been convicted of violating, or attempting to violate, section 2331, 2332b, or 2339A of title 18, United States Code. (12) Television network The term television network (A) means any person that, on February 8, 1996, offered an interconnected program service on a regular basis for 15 or more hours per week to at least 25 affiliated television licensees in 10 or more States; and (B) does not include any network station that is owned or operated by, or affiliated with a person described in subparagraph (A). 3. Framework for certain joint negotiations (a) Notice (1) Process to form a joint negotiation entity (A) In general An eligible digital journalism provider shall provide public notice to announce the opportunity for other eligible digital journalism providers to join a joint negotiation entity for the purpose of engaging in joint negotiations with a covered platform under this section, regarding the pricing, terms, and conditions by which the covered platform may access the content of the eligible digital journalism providers that are members of the joint negotiation entity. (B) Application During the 60-day period beginning on the date public notice is made under subparagraph (A), any eligible digital journalism provider may apply to join the joint negotiation entity. (C) Formation A joint negotiation entity is established upon the agreement of 2 or more eligible digital journalism providers, and may create admission criteria for membership unrelated to the size of an eligible digital journalism provider or the views expressed by its content, including criteria to limit membership to only eligible publishers or only eligible broadcasters. (D) Governance By a majority vote of its members, a joint negotiation entity formed under this section shall establish rules and procedures to govern decision making by the entity and each eligible digital journalism provider shall be entitled to 1 vote on any matter submitted to a vote of the members. (E) Additional members After the expiration of the 60-day period described in subparagraph (B), an eligible digital journalism provider may apply to join the joint negotiation entity, and may be admitted to the joint negotiation entity upon a majority vote of its members, if the applicant otherwise satisfies any criteria for admission established by the joint negotiation entity. (F) Designation A joint negotiation entity may designate agents on a nonexclusive basis— (i) to engage in negotiations with a covered platform conducted under this section; and (ii) to agree to pay or receive payments under or related to an agreement negotiated under this section or an arbitration decision issued under section 4. (G) Opt-out (i) In general After becoming a member of the joint negotiation entity, an eligible digital journalism provider may opt out of the joint negotiation entity at any time before notice is sent to the covered platform under paragraph (2). (ii) Prohibition on rejoining If an eligible digital journalism provider opts out of a joint negotiation entity under clause (i), the eligible digital journalism provider may not— (I) rejoin the joint negotiation entity; or (II) receive any payment under or related to an agreement negotiated by the joint negotiation entity under this section or an arbitration decision issued under section 4. (H) Termination A joint negotiation entity will terminate and cease to exist— (i) when the entity no longer has at least 2 members; (ii) upon a majority vote of its members; or (iii) upon the expiration or termination of an agreement negotiated under this section or an arbitration decision issued under section 4. (2) Notice to a covered platform to initiate a joint negotiation (A) In general A joint negotiation under this section shall commence after a covered platform receives a notice, sent by or on behalf of a joint negotiation entity. (B) Contents of notice The notice described in subparagraph (A) shall— (i) state that the joint negotiation entity is initiating a negotiation under this section to reach an agreement regarding the pricing, terms, and conditions by which the covered platform may access the content of the eligible digital journalism providers that are members of the joint negotiation entity; (ii) identify the eligible digital journalism providers that are members of the joint negotiation entity; and (iii) provide the physical mail address (street address or post office box), telephone number, and email address of a representative authorized to receive a response to the notice on behalf of the joint negotiation entity. (C) Reply Not later than 30 days after receiving a notice described in subparagraph (A), the covered platform shall send a reply notice to the authorized representative identified by or on behalf of the joint negotiation entity to acknowledge receipt of the notice. (D) Notice to Federal enforcers Copies of any notice described in subparagraph (A) shall be filed by or on behalf of the eligible digital journalism providers that are members of the joint negotiation entity with the Federal Trade Commission and the Assistant Attorney General in charge of the Antitrust Division of the Department of Justice not later than 30 days after the notice is sent to the covered platform. (b) Conduct of the joint negotiations After the date a reply notice is sent under subsection (a)(2)(C), the following shall apply: (1) Any negotiation conducted under this section shall be conducted in good faith and solely to reach an agreement regarding the pricing, terms, and conditions under which the covered platform may access the content of the eligible digital journalism providers. (2) No pre-agreement discussions or agreement reached regarding pricing, terms, and conditions under this section may address whether or how the covered platform or any such eligible digital journalism provider— (A) displays, ranks, distributes, suppresses, promotes, throttles, labels, filters, or curates the content of the eligible digital journalism providers; or (B) displays, ranks, distributes, suppresses, promotes, throttles, labels, filters, or curates the content of any other person. (3) A party is not conducting negotiations in good faith in accordance with paragraph (1) if the party— (A) refuses to negotiate, except where eligible digital journalism providers decide to jointly deny a covered platform access to content licensed or produced by such eligible digital journalism providers under subsection (c); (B) refuses to designate a representative with authority to make binding representations; (C) refuses to meet and negotiate at reasonable times and locations or otherwise causes unreasonable delay; (D) refuses to put forth more than a single, unilateral proposal; (E) fails to respond to a proposal of the other party, including the reasons for rejection; (F) enters into a separate third-party agreement that unreasonably impedes the party from reaching an agreement with the negotiating party; or (G) refuses to execute a full and written agreement that has been reached verbally. (4) A covered platform is not conducting negotiations in good faith in accordance with paragraph (1) if the covered platform enters into a separate agreement with an eligible digital journalism provider that impedes the eligible digital journalism provider from participating in a negotiation under this section. (5) During any negotiation conducted under this section, the joint negotiation entity and the covered platform shall each make a reasonable offer regarding the pricing, terms, and conditions by which the covered platform may access the content of the eligible digital journalism providers that are members of the joint negotiation entity, substantiated with comprehensive data and methodologies, including expert analysis, that reflects— (A) the pricing, terms, and conditions comparable to those found in commercial agreements between similarly situated entities, including price, duration, territory, value of data generated directly or indirectly by the content; (B) the fair market value to the covered platform of having access to the content of the eligible digital journalism providers that are members of the joint negotiation entity and the resulting incremental contribution to the revenue of the covered platform, including direct and indirect advertising or promotional revenues, which shall not be offset by any value conferred upon the eligible digital journalism providers that are members of the joint negotiation entity by the covered platform for aggregating or distributing their content; and (C) the investment of the eligible digital journalism providers that are members of the joint negotiation entity in producing original news and related content, including the number of journalists employed by each. (c) Joint withholding of content At any point after a notice is sent to the covered platform to initiate joint negotiations under subsection (a)(2), the eligible digital journalism providers that are members of the joint negotiation entity may jointly deny the covered platform access to content licensed or produced by such eligible digital journalism providers. 4. Arbitration for eligible publishers (a) Right to final offer arbitration (1) In general If the membership of a joint negotiation entity consists only of eligible publishers, on or after the date that is 180 days after the date negotiations under section 3 begin, the joint negotiation entity may initiate a final offer arbitration against the covered platform for an arbitration panel to determine the pricing, terms, and conditions by which the content displayed, provided, distributed, or offered by a qualifying publication of any eligible publisher that is a member of the joint negotiation entity will be accessed by the covered platform if the parties are unable to reach an agreement and regardless of whether the joint negotiation entity, its members, or the covered platform complied with the requirements of section 3(b). (2) Effect of additional members If an additional member joins the joint negotiation entity under section 3(a)(1)(E) more than 90 days after the date negotiations under section 3 begin, the joint negotiation entity may not initiate a final offer arbitration under paragraph (1) until 180 days after the date the last member joins the joint negotiation entity. No additional members may join the joint negotiation entity after the arbitration has commenced. (b) Notice The joint negotiation entity shall provide notice of its intention to initiate final offer arbitration under this section to all of the members of the joint negotiation entity no less than 10 days prior to initiating such final offer arbitration. (c) Membership If a joint negotiation entity initiates final offer arbitration under this section, any individual eligible publisher that is a member of the joint negotiation entity shall remain a member of the joint negotiation entity until the completion of the arbitration, unless the eligible publisher provides written notice to the joint negotiation entity of its intention to withdraw from the joint negotiation entity within 7 days of receiving notice under subsection (b). (d) Proceedings (1) Rules of arbitration The arbitration shall be decided by a panel of 3 arbitrators under the American Arbitration Association’s Commercial Arbitration Rules and Mediation Procedures and the American Arbitration Association-International Centre for Dispute Resolution Final Offer Arbitration Supplementary Rules, except to the extent they conflict with this subsection. (2) Initiation of arbitration A final offer arbitration under subsection (a) shall be initiated as provided in Rule R-4 of the American Arbitration Association’s Commercial Arbitration Rules and Mediation Procedures, except that the joint negotiation entity initiating the arbitration shall refer to this Act in its demand for arbitration, rather than submitting contractual arbitration provisions. (3) Commencement and funding (A) Commencement A final offer arbitration proceeding shall commence 10 days after the date a final offer arbitration is initiated under subsection (a). (B) Funding The cost of administering the arbitration proceeding, including arbitrator compensation, expenses, and administrative fees, shall be shared equally between the covered platform and the joint negotiation entity. (4) Appointment of the arbitration panel The arbitrators shall be appointed in accordance with the American Arbitration Association’s Commercial Arbitration Rules and Mediation Procedures. (5) Other requirements During a final offer arbitration proceeding under this section— (A) the joint negotiation entity and the covered platform may demand the production of documents and information that are nonprivileged, reasonably necessary, and reasonably accessible without undue expense; (B) documents and information described in subparagraph (A) shall be exchanged not later than 30 days after the date the demand is filed; (C) rules regarding the admissibility of evidence applicable in Federal court shall apply; (D) the joint negotiation entity and covered platform shall each submit a final offer proposal for the pricing, terms, and conditions under which the content displayed, provided, distributed, or offered by a qualifying publication of any eligible publisher that is a member of the joint negotiation entity will be accessed by the covered platform, and which shall include the remuneration that the eligible publishers should receive from the covered platform for programmatic access to the content of the eligible publishers that are members of the joint negotiation entity during the period under negotiation based on the fair market value of such access, which shall include backup materials sufficient to permit the other party to replicate the proffered valuation; (E) no discussion or final offer under this section may address whether or how the covered platform or any such eligible digital journalism provider— (i) displays, ranks, distributes, suppresses, promotes, throttles, labels, filters, or curates the content of the eligible digital journalism providers; or (ii) displays, ranks distributes, suppresses, promotes, throttles, labels, filters or curates the content of any other person; and (F) if applicable, each eligible publisher that is a member of the joint negotiation entity shall provide information and data to guide the distribution of remuneration among the members of the joint negotiation entity, including— (i) any compensation received by the eligible publisher through commercial agreement prior to commencement of negotiations under section 3 for access to content by the covered platform during any part of the period under negotiation, which shall be deducted from its allocation accordingly; and (ii) spending by the eligible publisher on news journalists, which are employed for an average of not fewer than 20 hours per week during the calendar quarter by the eligible digital journalism provider and are responsible for gathering, preparing, directing the recording of, producing, collecting, photographing, recording, writing, editing, reporting, presenting, or publishing original news or information that concerns local, regional, national, or international matters of public interest in the previous fiscal year, as a proportion of its overall budget of the eligible digital journalism provider for that period, which shall be used to guide 65 percent of the distribution of remuneration among the members of the joint negotiation entity. (e) Award (1) In general Not later than 60 days after the date proceedings commence under subsection (d)(3)(A), the arbitration panel shall issue an award that selects a final offer from 1 of the parties without modification. (2) Requirements In issuing an award under paragraph (1), the arbitration panel— (A) may not consider any value conferred upon any eligible publisher by the covered platform for distributing or aggregating its content as an offset to the value created by such eligible publisher; (B) shall consider past incremental revenue contributions as a guide to the future incremental revenue contribution by any eligible publisher; (C) shall consider the pricing, terms, and conditions of any available, comparable commercial agreements between parties granting access to digital content, including pricing, terms, and conditions relating to price, duration, territory, the value of data generated directly or indirectly by the content accounting for any material disparities in negotiating power between the parties to such commercial agreements; and (D) shall issue a binding, reasoned award, including the factual and economic bases of its award, that applies for the number of years set forth in the winning proposal, but not fewer than 5 years. (f) Payments pursuant to award (1) In general Not later than 90 days after the date an award is issued under subsection (e), the covered platform shall begin paying any eligible publisher that was a member of the joint negotiation entity participating in the arbitration according to the terms in the final offer selected by the arbitration panel. (2) Disbursement Payments made under paragraph (1) shall be dispersed by a claims administrator to the individual claimants that comprise the joint negotiation entity not later than 60 days after the date the funds were received from the covered platform. (g) Enforcement and judicial review (1) In general An award made under subsection (e) shall be enforceable by the eligible publishers or the covered platform subject to the award through a civil action brought before a district court of the United States. (2) Expedited judicial process In any civil action to enforce or seek judicial review of an award made under subsection (e), the court shall adopt a rebuttable presumption that good cause exists to prioritize the action under section 1657 of title 28, United States Code. 5. Limitation of liability (a) In general In accordance with sections 3 and 4, it shall not be in violation of the antitrust laws for any eligible digital journalism providers that are members of a joint negotiation entity to— (1) jointly deny a covered platform access to content for which the eligible digital journalism providers, individually or jointly, have the right to negotiate or arbitrate access with respect to the covered platform; or (2) participate in joint negotiations and arbitration, as members of the joint negotiation entity, with such covered platform solely regarding the pricing, terms, and conditions under which the covered platform may access the content for which the eligible digital journalism providers, individually or jointly, have the right to negotiate or arbitrate access with respect to the covered platform. (b) Safe harbor (1) Eligible digital journalism providers An eligible digital journalism provider shall not be in violation of the antitrust laws if the eligible digital journalism provider participates, as a member of a joint negotiation entity, in negotiations under section 3 or arbitration under section 4— (A) with a person that is not an eligible digital journalism provider, if the eligible digital journalism provider reasonably believes that the person is another eligible digital journalism provider; or (B) with a person that is not a covered platform, if the eligible digital journalism provider reasonably believes that the person is a covered platform. (2) Joint negotiation entities A joint negotiation entity shall not be in violation of the antitrust laws if the joint negotiation entity engages in negotiations under section 3 or arbitration under section 4— (A) with or on behalf of a person that is not an eligible digital journalism provider, if the joint negotiation entity reasonably believes that the person is an eligible digital journalism provider; or (B) with a person that is not a covered platform, if the joint negotiation entity reasonably believes that the person is a covered platform. (c) Notification of agreements and arbitration decisions (1) Agreements The parties to any written agreement, resulting from a negotiation under section 3 or implementing an arbitration decision issued under section 4, shall file a copy of such agreement with the Federal Trade Commission and the Assistant Attorney General in charge of the Antitrust Division of the Department of Justice not later than 60 days after such agreement is executed. (2) Arbitration decisions The parties to any arbitration decision issued under section 4, shall file a copy of such decision with the Federal Trade Commission and the Assistant Attorney General in charge of the Antitrust Division of the Department of Justice not later than 60 days after such decision is issued. (3) Public disclosure The Federal Trade Commission shall make the documents submitted under this subsection available to the public on the Federal Trade Commission’s website. (d) Limitation regarding the scope of limitation of liability No antitrust immunity shall apply to any negotiations, discussions, agreements, or arbitrations relating to the use, display, promotion, ranking, distribution, curation, suppression, throttling, filtering, or labeling of the content of the eligible digital journalism provider or of any other person. The limitation of liability under this section shall apply only to negotiations, discussions, agreements, or arbitrations regarding the pricing, terms, and conditions under which the covered platform may access the content of the eligible digital journalism provider, not to any discussions or agreements that differentiate content based on the viewpoint expressed by such content. 6. Nondiscrimination, retaliation, and transparency (a) Nondiscrimination (1) Joint negotiation entities A joint negotiation entity may not discriminate against any eligible digital journalism provider based on the size of the eligible digital journalism provider or the views expressed by the eligible digital journalism provider’s content. (2) Covered platforms No covered platform may discriminate against any eligible digital journalism provider that is a member of a joint negotiation entity in connection with a negotiation conducted under section 3, or an arbitration conducted under section 4, based on the size of the eligible digital journalism provider or the views expressed by the eligible digital journalism provider’s content. (b) Prohibition on retaliation by covered platforms (1) In general No covered platform may retaliate against an eligible digital journalism provider for participating in a negotiation conducted under section 3, or an arbitration conducted under section 4, including by refusing to index content or changing the ranking, identification, modification, branding, or placement of the content of the eligible digital journalism provider on the covered platform. (2) Effect of contract provisions Any provision in an agreement that restricts an eligible digital journalism provider from receiving compensation through a negotiation conducted under section 3 or an arbitration conducted under section 4 shall be void. (c) Investing in journalism (1) In general Without disclosing confidential information regarding the pricing, terms, and conditions of an agreement reached under section 3, an agreement implementing an arbitration decision issued under section 4, or an arbitration decision issued under section 4, or confidential financial information, any eligible digital journalism provider that receives funds under or related to such agreement or arbitration decision shall provide to the Federal Trade Commission, on an annual basis, information regarding the use of any such funds during the prior year to support ongoing and future operations to maintain or enhance the production and distribution of news or information that concerns local, regional, national, or international matters of public interest, including— (A) the amount of funds received under or related to each such agreement or decision; and (B) a good-faith estimate of the amount of funds that went to news journalists employed for an average of not fewer than 20 hours per week during the calendar year by the eligible digital journalism provider. (2) Public disclosure The Federal Trade Commission shall make the disclosures submitted under paragraph (1) available to the public on the Federal Trade Commission’s website. 7. Private rights of action (a) Negotiations (1) In general Any eligible digital journalism provider, either jointly with other eligible digital journalism providers or through an authorized representative, or covered platform that participated in negotiations under section 3 may bring a civil action in an appropriate district court of the United States alleging a violation of section 3(b). (2) Damages A court shall award damages to a prevailing plaintiff under this subsection— (A) approximating the value of the last reasonable offer of the plaintiff if the defendant did not conduct negotiations in good faith in violation of section 3(b)(1); (B) approximating the value of the last reasonable offer of the plaintiff if the defendant— (i) did not conduct negotiations in good faith in violation of section 3(b)(1); and (ii) had not yet extended a reasonable offer; or (C) approximating the value of the plaintiff’s last reasonable offer if the defendant did not make a reasonable offer in violation of section 3(b)(5). (3) Attorneys fees A court shall award attorney's fees to the prevailing party under this subsection. (b) Discrimination (1) Joint negotiation entities (A) In general An eligible digital journalism provider that is denied membership in a joint negotiation entity in violation of section 6(a)(1) may bring a civil action in an appropriate district court of the United States against the joint negotiation entity and its members not later than 30 days after the date membership is denied. (B) Remedies (i) Before agreement or arbitration decision (I) In general An eligible digital journalism provider that prevails in an action under subparagraph (A) before the date an agreement is executed under section 3 or an arbitration decision is issued under section 4, as applicable, regarding the pricing, terms, and conditions by which the covered platform may access the content of the eligible digital journalism providers that are members of the joint negotiation entity, may join the joint negotiation entity and participate in the negotiation under section 3 or the arbitration under section 4, as applicable. (II) Notice A notice, by or on behalf of the joint negotiation entity, shall be sent to the covered platform to identify the eligible digital journalism provider that joins the negotiation or arbitration under subclause (I). (ii) After agreement or arbitration decision (I) In general An eligible digital journalism provider that prevails in an action under subparagraph (A) after the date an agreement is executed under section 3 or an arbitration decision is issued under section 4, as applicable, regarding the pricing, terms, and conditions by which the covered platform may access the content of the eligible digital journalism providers that are members of the joint negotiation entity, may join the joint negotiation entity and be eligible for the same pricing, terms, and conditions by which the covered platform may access the content of the other eligible digital journalism providers that are members of the joint negotiation entity. (II) Notice A notice, by or on behalf of the joint negotiation entity, shall be sent to the covered platform to identify the eligible digital journalism provider that joins the joint negotiation entity under subclause (I) and that is eligible to receive the same pricing, terms, and conditions under the agreement negotiated under section 3 or the arbitration decision issued under section 4, as applicable, by which the covered platform may access the content of the other eligible digital journalism providers that are members of the joint negotiation entity. (2) Covered platforms (A) In general An eligible digital journalism provider that is discriminated against in violation of section 6(a)(2) may bring a civil action in an appropriate district court of the United States against the covered platform. (B) Remedies An eligible digital journalism provider that prevails under subparagraph (A) shall be entitled to— (i) recover the actual damages sustained by the eligible digital journalism provider as a result of the discrimination; (ii) injunctive relief on such terms as the court may deem reasonable to prevent or restrain the covered platform from discriminating against the eligible digital journalism provider; and (iii) the costs of the suit, including reasonable attorneys’ fees. (c) Retaliation (1) In general An eligible digital journalism provider that is retaliated against in violation of section 6(b)(1) may bring a civil action in an appropriate district court of the United States against the covered platform. (2) Remedies An eligible digital journalism provider that prevails in an action under paragraph (1) shall be entitled to— (A) recover the actual damages sustained by the eligible digital journalism provider as a result of the retaliation; (B) injunctive relief on such terms as the court may deem reasonable to prevent or restrain the covered platform from retaliating against the eligible digital journalism provider; and (C) the costs of the suit, including reasonable attorneys’ fees. 8. Report (a) Study The Comptroller General shall study the impact of the joint negotiations authorized under this Act, including a summary of the deals negotiated, the impact of such deals on local and regional news, the effect on the free, open, and interoperable Internet including the ability of the public to share and access information, and the effect this Act has had on employment for journalists. (b) Report Not later than 5 years after the date of enactment of this Act, the Comptroller General shall submit to Congress a report on the study required under subsection (a). 9. Sunset (a) In general Except as provided in subsections (b) and (c), this Act shall cease to have effect on the date that is 6 years after the date of its enactment. (b) Exception in case of initiated but incomplete joint negotiation or arbitration With respect to eligible digital journalism providers that have initiated but not concluded a negotiation under section 3 or an arbitration under section 4 on or before the sunset date described in subsection (a), this Act shall cease to be effective on the date such negotiation or arbitration concludes or 180 days after the date described in subsection (a), whichever occurs first. (c) Limitation of liability exception Section 5 shall remain effective without cessation for any— (1) negotiation conducted or agreement executed under section 3; (2) arbitration conducted or arbitration decision issued under section 4; or (3) agreement implementing an arbitration decision issued under section 4; during the period of effectiveness of this Act. 10. Rule of construction (a) Antitrust laws Nothing in this Act may be construed to modify, impair, or supersede the operation of the antitrust laws except as otherwise expressly provided in this Act. (b) Copyright and trademark law Nothing in this Act may be construed to modify, impair, expand, or in any way alter rights pertaining to title 17, United States Code, or the Lanham Act ( 15 U.S.C. 1051 et seq. 11. Severability If any provision of this Act, or the application of such provision to any person or circumstance, is held to be unconstitutional, the remainder of this Act, and the application of the remaining provisions of this Act to any person or circumstance shall not be affected. | Journalism Competition and Preservation Act of 2023 |
Reserve Component Parental Leave Parity Act of 2023 This bill provides parental leave to members of the National Guard or a reserve component who are on inactive-duty training. Under current law, only maternity leave is available to such inactive-duty members. The bill expands the parental leave benefit to all members for the birth or adoption of a child or the placement with the member of a minor child for adoption or long-term foster care. | 116 S1095 IS: Reserve Component Parental Leave Parity Act of 2023 U.S. Senate 2023-03-30 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 118th CONGRESS 1st Session S. 1095 IN THE SENATE OF THE UNITED STATES March 30, 2023 Ms. Hassan Ms. Murkowski Committee on Armed Services A BILL To authorize members of reserve components of the Armed Forces to take parental leave for the adoption or placement for long-term foster care of a child. 1. Short title This Act may be cited as the Reserve Component Parental Leave Parity Act of 2023 2. Parental leave parity for members of reserve components of the Armed Forces (a) Compensation Section 206 of title 37, United States Code, is amended— (1) in subsection (a), by amending paragraph (4) to read as follows: (4) for each of six days for each period during which the member is on parental leave during— (A) the one-year period beginning after— (i) the birth or adoption of a child of the member; or (ii) the placement of a minor child with the member for adoption or long-term foster care; or (B) such other period as is provided for under subsection (g). ; and (2) by adding at the end the following new subsection: (g) (1) The Secretary concerned, under uniform regulations to be prescribed by the Secretary of Defense, may authorize leave described in subsection (a)(4) to be taken after the one-year period described in subparagraph (A) of that subsection in the case of a member described in subsection (a) who, except for this subsection, would lose unused parental leave at the end of that one-year period as a result of— (A) operational requirements; (B) professional military education obligations; or (C) other circumstances that the Secretary determines reasonable and appropriate. (2) The regulations prescribed under paragraph (1) shall require that any leave authorized to be taken after the one-year period described in subsection (a)(4)(A) shall be taken within a reasonable period of time, as determined by the Secretary of Defense, after cessation of the circumstances warranting the extended deadline. . (b) Contribution of leave toward entitlement to retired pay Section 12732(a)(2)(G) of title 10, United States Code, is amended by striking maternity leave. (i) the birth or adoption of a child of the member; or (ii) the placement of a minor child with the member for adoption or long-term foster care. . (c) Credit for retired pay purposes Section 602(b) of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 ( Public Law 116–283 10 U.S.C. 12732 (1) in paragraph (1), by striking maternity leave birth of a child parental leave described in section 12732(a)(2)(G) of title 10, United States Code, taken by a member of the reserve components of the Armed Forces (2) in paragraph (2), by striking maternity leave childbirth event parental leave taken by the member (3) in paragraph (3), by striking maternity leave parental leave (d) Effective date This section and the amendments made by this section shall take effect on the date of the enactment of this Act and apply with respect to periods of parental leave that commence on or after that date. | Reserve Component Parental Leave Parity Act of 2023 |
Department of Veterans Affairs Office of Inspector General Training Act of 2023 This bill requires new employees of the Department of Veterans Affairs (VA) to undergo training developed by the Inspector General of the VA regarding the reporting of wrongdoing to, responding to requests from, and cooperating with the Office of the Inspector General. | 118 S1096 IS: Department of Veterans Affairs Office of Inspector General Training Act of 2023 U.S. Senate 2023-03-30 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 118th CONGRESS 1st Session S. 1096 IN THE SENATE OF THE UNITED STATES March 30, 2023 Ms. Hassan Mr. Boozman Committee on Veterans' Affairs A BILL To require the Secretary of Veterans Affairs to require the employees of the Department of Veterans Affairs to receive training developed by the Inspector General of the Department on reporting wrongdoing to, responding to requests from, and cooperating with the Office of Inspector General of the Department, and for other purposes. 1. Short title This Act may be cited as the Department of Veterans Affairs Office of Inspector General Training Act of 2023 2. Department of Veterans Affairs employee training regarding Office of Inspector General (a) Training The Secretary of Veterans Affairs shall require each employee of the Department of Veterans Affairs who begins employment with the Department on or after the date of the enactment of this Act to receive training that the Inspector General of the Department shall develop on the reporting of wrongdoing to, responding to requests from, and cooperating with the Office of Inspector General of the Department. (b) Timing of training In carrying out subsection (a), the Secretary shall require each employee of the Department covered under such subsection to undergo the training required by such subsection not later than one year after the date on which the employee begins employment with the Department. (c) Elements Training developed and required under subsection (a) shall include the following: (1) Definition of the role, responsibilities, and legal authority of the Inspector General of the Department and the duties of employees of the Department for engaging with the Office of Inspector General. (2) Identification of the circumstances and mechanisms for reporting fraud, waste, abuse, and other wrongdoing to the Inspector General, including making confidential complaints to the Inspector General. (3) Identification of the prohibitions and remedies that help to protect employees of the Department from retaliation when reporting wrongdoing to the Inspector General. (4) Recognition of opportunities to engage with staff of the Office of Inspector General to improve programs, operations, and services of the Department. (d) Design and update The Inspector General of the Department shall design, and update as the Inspector General considers appropriate, the training developed and required by subsection (a). (e) System The Secretary shall provide, via the talent management system of the Department, or successor system, the training developed and required under subsection (a). (f) Relation to certain training The Secretary shall ensure that training developed and required under subsection (a) is separate and distinct from training provided under section 733 of title 38, United States Code. (g) Notice to employees The Secretary shall ensure that the Inspector General is afforded the opportunity, not less frequently than twice each year and more frequently if the Inspector General considers appropriate under extraordinary circumstances, to use the electronic mail system of the Department to notify all authorized users of such system of the following: (1) The roles and responsibilities of the employees of the Department when engaging with the Office of Inspector General. (2) The availability of training provided under subsection (a). (3) How to access training provided under subsection (a). (4) Information about how to contact the Office of Inspector General, including a link to any website-based reporting form of the Office. | Department of Veterans Affairs Office of Inspector General Training Act of 2023 |
Vehicle Innovation Act of 2023 This bill authorizes through FY2028 Department of Energy (DOE) activities to support the research, development, and commercialization of innovative vehicle technologies in partnership or collaboration with industry, fuel producers and energy suppliers, electric utilities, universities, and laboratories. DOE must conduct a research and development program on materials, technologies, and processes with the potential to substantially reduce petroleum use and the emissions of U.S. passenger and commercial vehicles, including in the areas of natural gas and hydrogen vehicle technologies, electrification of vehicle systems, and hydraulic hybrid technologies. DOE must seek opportunities to leverage resources and support initiatives of state and local governments in developing and promoting advanced vehicle technologies, manufacturing, and infrastructure. The bill also requires DOE to carry out a research, development, and commercial application program for advanced vehicle manufacturing technologies and practices, including innovative processes to increase the production rate and decrease the cost of advanced battery and fuel cell manufacturing. In addition, DOE must conduct a program on advanced technologies for medium- to heavy-duty commercial, vocational, recreational, and transit vehicles; conduct a competitive grant program to demonstrate the integration of multiple advanced technologies on Class 8 trucks and trailers; and undertake a pilot program for technologies to improve total machine or system efficiency for nonroad mobile equipment (e.g., agricultural, construction, air, and seaport equipment). | 118 S1099 IS: Vehicle Innovation Act of 2023 U.S. Senate 2023-03-30 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 118th CONGRESS 1st Session S. 1099 IN THE SENATE OF THE UNITED STATES March 30, 2023 Mr. Peters Mr. Hagerty Ms. Stabenow Committee on Energy and Natural Resources A BILL To support research, development, and other activities to develop innovative vehicle technologies, and for other purposes. 1. Short title This Act may be cited as the Vehicle Innovation Act of 2023 2. Definitions In this Act: (1) Department The term Department (2) Secretary The term Secretary 3. Objectives The objectives of this Act are— (1) to establish a consistent and consolidated authority for the vehicle technology program at the Department; (2) to develop United States technologies and practices that improve the fuel efficiency and emissions of all vehicles produced in the United States; (3) to support domestic research, development, engineering, demonstration, and commercial application and manufacturing of advanced vehicles, engines, and components; (4) to enable vehicles to move larger volumes of goods and more passengers with less energy and emissions; (5) to develop cost-effective advanced technologies for wide-scale utilization throughout the passenger, commercial, government, and transit vehicle sectors; (6) to allow for greater consumer choice of vehicle technologies and fuels; (7) shorten technology development and integration cycles in the vehicle industry; (8) to ensure a proper balance and diversity of Federal investment in vehicle technologies; and (9) to strengthen partnerships between Federal and State governmental agencies and the private and academic sectors. 4. Coordination and nonduplication The Secretary shall ensure, to the maximum extent practicable, that the activities authorized by this Act do not duplicate those of other programs within the Department or other relevant research agencies. 5. Authorization of appropriations There are authorized to be appropriated to the Secretary for research, development, engineering, demonstration, and commercial application of vehicles and related technologies in the United States, including activities authorized under this Act— (1) for fiscal year 2024, $313,567,000; (2) for fiscal year 2025, $326,109,000; (3) for fiscal year 2026, $339,154,000; (4) for fiscal year 2027, $352,720,000; and (5) for fiscal year 2028, $366,829,000. 6. Reporting (a) Technologies developed Not later than 18 months after the date of enactment of this Act and annually thereafter through 2028, the Secretary shall submit to Congress a report regarding the technologies developed as a result of the activities authorized by this Act, with a particular emphasis on whether the technologies were successfully adopted for commercial applications, and if so, whether products relying on those technologies are manufactured in the United States. (b) Additional matters At the end of each fiscal year through 2028, the Secretary shall submit to the relevant Congressional committees of jurisdiction an annual report describing activities undertaken in the previous year under this Act, active industry participants, the status of public-private partnerships, progress of the program in meeting goals and timelines, and a strategic plan for funding of activities across agencies. 7. Vehicle research and development (a) Program (1) Activities The Secretary shall conduct a program of basic and applied research, development, engineering, demonstration, and commercial application activities on materials, technologies, and processes with the potential to substantially reduce petroleum use and the emissions of the passenger and commercial vehicles of the United States, including activities in the areas of— (A) electrification of vehicle systems; (B) batteries, ultracapacitors, and other energy storage devices; (C) power electronics; (D) vehicle, component, and subsystem manufacturing technologies and processes; (E) engine efficiency and combustion optimization; (F) waste heat recovery; (G) transmission and drivetrains; (H) hydrogen vehicle technologies, including fuel cells and internal combustion engines, and hydrogen infrastructure, including hydrogen energy storage to enable renewables and provide hydrogen for fuel and power; (I) natural gas vehicle technologies; (J) aerodynamics, rolling resistance (including tires and wheel assemblies), and accessory power loads of vehicles and associated equipment; (K) vehicle weight reduction, including lightweighting materials and the development of manufacturing processes to fabricate, assemble, and use dissimilar materials; (L) friction and wear reduction; (M) engine and component durability; (N) innovative propulsion systems; (O) advanced boosting systems; (P) hydraulic hybrid technologies; (Q) engine compatibility with and optimization for a variety of transportation fuels including natural gas and other liquid and gaseous fuels; (R) predictive engineering, modeling, and simulation of vehicle and transportation systems; (S) refueling and charging infrastructure for alternative fueled and electric or plug-in electric hybrid vehicles, including the unique challenges facing rural areas; (T) gaseous fuels storage systems and system integration and optimization; (U) sensing, communications, and actuation technologies for vehicle, electrical grid, and infrastructure; (V) efficient use, substitution, and recycling of potentially critical materials in vehicles, including rare earth elements and precious metals, at risk of supply disruption; (W) aftertreatment technologies; (X) thermal management of battery systems; (Y) retrofitting advanced vehicle technologies to existing vehicles; (Z) development of common standards, specifications, and architectures for both transportation and stationary battery applications; (AA) advanced internal combustion engines; (BB) mild hybrid; (CC) engine down speeding; (DD) vehicle-to-vehicle, vehicle-to-pedestrian, and vehicle-to-infrastructure technologies; and (EE) other research areas as determined by the Secretary. (2) Transformational technology The Secretary shall ensure that the Department continues to support research, development, engineering, demonstration, and commercial application activities and maintains competency in mid- to long-term transformational vehicle technologies with potential to achieve reductions in emissions, including activities in the areas of— (A) hydrogen vehicle technologies, including fuel cells, hydrogen storage, infrastructure, and activities in hydrogen technology validation and safety codes and standards; (B) multiple battery chemistries and novel energy storage devices, including nonchemical batteries and electromechanical storage technologies such as hydraulics, flywheels, and compressed air storage; (C) communication and connectivity among vehicles, infrastructure, and the electrical grid; and (D) other innovative technologies research and development, as determined by the Secretary. (3) Industry participation (A) In general To the maximum extent practicable, activities under this Act shall be carried out in partnership or collaboration with automotive manufacturers, heavy commercial, vocational, and transit vehicle manufacturers, qualified plug-in electric vehicle manufacturers, compressed natural gas vehicle manufacturers, vehicle and engine equipment and component manufacturers, manufacturing equipment manufacturers, advanced vehicle service providers, fuel producers and energy suppliers, electric utilities, universities, national laboratories, and independent research laboratories. (B) Requirements In carrying out this Act, the Secretary shall— (i) determine whether a wide range of companies that manufacture or assemble vehicles or components in the United States are represented in ongoing public-private partnership activities, including firms that have not traditionally participated in federally sponsored research and development activities, and where possible, partner with such firms that conduct significant and relevant research and development activities in the United States; (ii) leverage the capabilities and resources of, and formalize partnerships with, industry-led stakeholder organizations, nonprofit organizations, industry consortia, and trade associations with expertise in the research and development of, and education and outreach activities in, advanced automotive and commercial vehicle technologies; (iii) develop more effective processes for transferring research findings and technologies to industry; (iv) support public-private partnerships, dedicated to overcoming barriers in commercial application of transformational vehicle technologies, that use such industry-led technology development facilities of entities with demonstrated expertise in successfully designing and engineering pre-commercial generations of such transformational technology; and (v) promote efforts to ensure that technology research, development, engineering, and commercial application activities funded under this Act are carried out in the United States. (4) Interagency and intraagency coordination To the maximum extent practicable, the Secretary shall coordinate research, development, demonstration, and commercial application activities among— (A) relevant programs within the Department, including— (i) the Office of Energy Efficiency and Renewable Energy; (ii) the Office of Science; (iii) the Office of Electricity Delivery and Energy Reliability; (iv) the Office of Fossil Energy; (v) the Advanced Research Projects Agency—Energy; and (vi) other offices as determined by the Secretary; and (B) relevant technology research and development programs within other Federal agencies, as determined by the Secretary. (5) Federal demonstration of technologies The Secretary shall make information available to procurement programs of Federal agencies regarding the potential to demonstrate technologies resulting from activities funded through programs under this Act. (6) Intergovernmental coordination The Secretary shall seek opportunities to leverage resources and support initiatives of State and local governments in developing and promoting advanced vehicle technologies, manufacturing, and infrastructure. (7) Criteria In awarding grants under the program under this subsection, the Secretary shall give priority to those technologies (either individually or as part of a system) that— (A) provide the greatest aggregate fuel savings based on the reasonable projected sales volumes of the technology; and (B) provide the greatest increase in United States employment. (8) Secondary use applications (A) In general The Secretary shall carry out a research, development, and demonstration program that— (i) builds on any work carried out under section 915 of the Energy Policy Act of 2005 ( 42 U.S.C. 16195 (ii) identifies possible uses of a vehicle battery after the useful life of the battery in a vehicle has been exhausted; (iii) conducts long-term testing to verify performance and degradation predictions and lifetime valuations for secondary uses; (iv) evaluates innovative approaches to recycling materials from plug-in electric drive vehicles and the batteries used in plug-in electric drive vehicles; (v) (I) assesses the potential for markets for uses described in clause (ii) to develop; and (II) identifies any barriers to the development of those markets; and (vi) identifies the potential uses of a vehicle battery— (I) with the most promise for market development; and (II) for which market development would be aided by a demonstration project. (B) Report Not later than 1 year after the date of enactment of this Act, the Secretary shall submit to the appropriate committees of Congress an initial report on the findings of the program described in subparagraph (A), including recommendations for stationary energy storage and other potential applications for batteries used in plug-in electric drive vehicles. (C) Secondary use demonstration (i) In general Based on the results of the program described in subparagraph (A), the Secretary shall develop guidelines for projects that demonstrate the secondary uses and innovative recycling of vehicle batteries. (ii) Publication of guidelines Not later than 18 months after the date of enactment of this Act, the Secretary shall— (I) publish the guidelines described in clause (i); and (II) solicit applications for funding for demonstration projects. (iii) Pilot demonstration program Not later than 21 months after the date of enactment of this Act, the Secretary shall select proposals for grant funding under this subsection, based on an assessment of which proposals are mostly likely to contribute to the development of a secondary market for batteries. (b) Manufacturing The Secretary shall carry out a research, development, engineering, demonstration, and commercial application program of advanced vehicle manufacturing technologies and practices, including innovative processes— (1) to increase the production rate and decrease the cost of advanced battery and fuel cell manufacturing; (2) to vary the capability of individual manufacturing facilities to accommodate different battery chemistries and configurations; (3) to reduce waste streams, emissions, and energy intensity of vehicle, engine, advanced battery, and component manufacturing processes; (4) to recycle and remanufacture used batteries and other vehicle components for reuse in vehicles or stationary applications; (5) to develop manufacturing processes to effectively fabricate, assemble, and produce cost-effective lightweight materials such as advanced aluminum and other metal alloys, polymeric composites, and carbon fiber for use in vehicles; (6) to produce lightweight high pressure storage systems for gaseous fuels; (7) to design and manufacture purpose-built hydrogen fuel cell vehicles and components; (8) to improve the calendar life and cycle life of advanced batteries; and (9) to produce permanent magnets for advanced vehicles. 8. Medium- and heavy-duty commercial and transit vehicles program The Secretary, in partnership with relevant research and development programs in other Federal agencies, and a range of appropriate industry stakeholders, shall carry out a program of cooperative research, development, demonstration, and commercial application activities on advanced technologies for medium- to heavy-duty commercial, vocational, recreational, and transit vehicles, including activities in the areas of— (1) engine efficiency and combustion research; (2) onboard storage technologies for compressed and liquefied natural gas; (3) development and integration of engine technologies designed for natural gas operation of a variety of vehicle platforms; (4) waste heat recovery and conversion; (5) improved aerodynamics and tire rolling resistance; (6) energy and space-efficient emissions control systems; (7) mild hybrid, heavy hybrid, hybrid hydraulic, plug-in hybrid, and electric platforms, and energy storage technologies; (8) drivetrain optimization; (9) friction and wear reduction; (10) engine idle and parasitic energy loss reduction; (11) electrification of accessory loads; (12) onboard sensing and communications technologies; (13) advanced lightweighting materials and vehicle designs; (14) increasing load capacity per vehicle; (15) thermal management of battery systems; (16) recharging infrastructure; (17) compressed natural gas infrastructure; (18) advanced internal combustion engines; (19) complete vehicle and power pack modeling, simulation, and testing; (20) hydrogen vehicle technologies, including fuel cells and internal combustion engines, and hydrogen infrastructure, including hydrogen energy storage to enable renewables and provide hydrogen for fuel and power; (21) retrofitting advanced technologies onto existing truck fleets; (22) advanced boosting systems; (23) engine down speeding; and (24) integration of these and other advanced systems onto a single truck and trailer platform. 9. Class 8 truck and trailer systems demonstration (a) In general The Secretary shall conduct a competitive grant program to demonstrate the integration of multiple advanced technologies on Class 8 truck and trailer platforms, including a combination of technologies listed in section 8. (b) Applicant teams Applicant teams may be comprised of truck and trailer manufacturers, engine and component manufacturers, fleet customers, university researchers, and other applicants as appropriate for the development and demonstration of integrated Class 8 truck and trailer systems. 10. Technology testing and metrics The Secretary, in coordination with the partners of the interagency research program described in section 8— (1) shall develop standard testing procedures and technologies for evaluating the performance of advanced heavy vehicle technologies under a range of representative duty cycles and operating conditions, including for heavy hybrid propulsion systems; (2) shall evaluate heavy vehicle performance using work performance-based metrics other than those based on miles per gallon, including those based on units of volume and weight transported for freight applications, and appropriate metrics based on the work performed by nonroad systems; and (3) may construct heavy duty truck and bus testing facilities. 11. Nonroad systems pilot program The Secretary shall undertake a pilot program of research, development, demonstration, and commercial applications of technologies to improve total machine or system efficiency for nonroad mobile equipment including agricultural, construction, air, and sea port equipment, and shall seek opportunities to transfer relevant research findings and technologies between the nonroad and on-highway equipment and vehicle sectors. 12. Repeal of existing authorities (a) In general Sections 706, 711, 712, and 933 of the Energy Policy Act of 2005 ( 42 U.S.C. 16051 (b) Energy efficiency Section 911 of the Energy Policy Act of 2005 ( 42 U.S.C. 16191 (1) in subsection (a)— (A) in paragraph (1)(A), by striking vehicles, buildings, buildings (B) in paragraph (2)— (i) by striking subparagraph (A); and (ii) by redesignating subparagraphs (B) through (E) as subparagraphs (A) through (D), respectively; and (2) in subsection (c)— (A) by striking paragraph (3); (B) by redesignating paragraph (4) as paragraph (3); and (C) in paragraph (3) (as so redesignated), by striking (a)(2)(D) (a)(2)(C) | Vehicle Innovation Act of 2023 |
Death Tax Repeal Act of 2023 This bill repeals the estate and generation-skipping transfer taxes. It also makes conforming amendments related to the gift tax. | 118 S1108 IS: Death Tax Repeal Act of 2023 U.S. Senate 2023-03-30 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 118th CONGRESS 1st Session S. 1108 IN THE SENATE OF THE UNITED STATES March 30, 2023 Mr. Thune Mr. Barrasso Mrs. Blackburn Mr. Boozman Mr. Braun Mrs. Britt Mr. Budd Mrs. Capito Mr. Cornyn Mr. Cotton Mr. Cramer Mr. Crapo Mr. Cruz Mr. Daines Ms. Ernst Mrs. Fischer Mr. Graham Mr. Grassley Mr. Hagerty Mr. Hawley Mr. Hoeven Mrs. Hyde-Smith Mr. Johnson Mr. Kennedy Mr. Lankford Mr. Lee Ms. Lummis Mr. Marshall Mr. McConnell Mr. Moran Mr. Mullin Mr. Ricketts Mr. Risch Mr. Rounds Mr. Rubio Mr. Schmitt Mr. Scott of Florida Mr. Scott of South Carolina Mr. Tillis Mr. Tuberville Mr. Wicker Committee on Finance A BILL To amend the Internal Revenue Code of 1986 to repeal the estate and generation-skipping transfer taxes, and for other purposes. 1. Short title This Act may be cited as the Death Tax Repeal Act of 2023 2. Repeal of estate and generation-skipping transfer taxes (a) Estate Tax Repeal Subchapter C of chapter 11 of subtitle B of the Internal Revenue Code of 1986 is amended by adding at the end the following new section: 2210. Termination (a) In general Except as provided in subsection (b), this chapter shall not apply to the estates of decedents dying on or after the date of the enactment of the Death Tax Repeal Act of 2023 (b) Certain Distributions From Qualified Domestic Trusts In applying section 2056A with respect to the surviving spouse of a decedent dying before the date of the enactment of the Death Tax Repeal Act of 2023 (1) section 2056A(b)(1)(A) shall not apply to distributions made after the 10-year period beginning on such date, and (2) section 2056A(b)(1)(B) shall not apply on or after such date. . (b) Generation-Skipping Transfer Tax Repeal Subchapter G of chapter 13 of subtitle B of such Code is amended by adding at the end the following new section: 2664. Termination This chapter shall not apply to generation-skipping transfers on or after the date of the enactment of the Death Tax Repeal Act of 2023 . (c) Conforming Amendments (1) The table of sections for subchapter C of chapter 11 Sec. 2210. Termination. . (2) The table of sections for subchapter G of chapter 13 of such Code is amended by adding at the end the following new item: Sec. 2664. Termination. . (d) Effective Date The amendments made by this section shall apply to the estates of decedents dying, and generation-skipping transfers, after the date of the enactment of this Act. 3. Modifications of gift tax (a) Computation of gift tax Subsection (a) of section 2502 (a) Computation of tax (1) In general The tax imposed by section 2501 for each calendar year shall be an amount equal to the excess of— (A) a tentative tax, computed under paragraph (2), on the aggregate sum of the taxable gifts for such calendar year and for each of the preceding calendar periods, over (B) a tentative tax, computed under paragraph (2), on the aggregate sum of the taxable gifts for each of the preceding calendar periods. (2) Rate schedule If the amount with respect to which the tentative tax to be computed is: The tentative Not over $10,000 18% of such amount. Over $10,000 but not over $20,000 $1,800, plus 20% of the excess over $10,000. Over $20,000 but not over $40,000 $3,800, plus 22% of the excess over $20,000. Over $40,000 but not over $60,000 $8,200, plus 24% of the excess over $40,000. Over $60,000 but not over $80,000 $13,000, plus 26% of the excess over $60,000. Over $80,000 but not over $100,000 $18,200, plus 28% of the excess over $80,000. Over $100,000 but not over $150,000 $23,800, plus 30% of the excess over $100,000. Over $150,000 but not over $250,000 $38,800, plus 32% of the excess over $150,000. Over $250,000 but not over $500,000 $70,800, plus 34% of the excess over $250,000. Over $500,000 $155,800, plus 35% of the excess over $500,000. . (b) Treatment of Certain Transfers in Trust Section 2511 (c) Treatment of Certain Transfers in Trust Notwithstanding any other provision of this section and except as provided in regulations, a transfer in trust shall be treated as a taxable gift under section 2503, unless the trust is treated as wholly owned by the donor or the donor’s spouse under subpart E of part I of subchapter J of chapter 1. . (c) Lifetime gift exemption (1) In general Paragraph (1) of section 2505(a) (1) the amount of the tentative tax which would be determined under the rate schedule set forth in section 2502(a)(2) if the amount with respect to which such tentative tax is to be computed were $10,000,000, reduced by . (2) Inflation adjustment Section 2505 of such Code is amended by adding at the end the following new subsection: (d) Inflation adjustment (1) In general In the case of any calendar year after 2011, the dollar amount in subsection (a)(1) shall be increased by an amount equal to— (A) such dollar amount, multiplied by (B) the cost-of-living adjustment determined under section 1(f)(3) for such calendar year by substituting calendar year 2010 calendar year 2016 (2) Rounding If any amount as adjusted under paragraph (1) is not a multiple of $10,000, such amount shall be rounded to the nearest multiple of $10,000. . (d) Conforming amendments (1) Section 2505(a) of such Code is amended by striking the last sentence. (2) The heading for section 2505 of such Code is amended by striking Unified (3) The item in the table of sections for subchapter A of chapter 12 of such Code relating to section 2505 is amended to read as follows: Sec. 2505. Credit against gift tax. . (e) Effective date The amendments made by this section shall apply to gifts made on or after the date of the enactment of this Act. (f) Transition rule (1) In general For purposes of applying sections 1015(d), 2502, and 2505 of the Internal Revenue Code of 1986, the calendar year in which this Act is enacted shall be treated as 2 separate calendar years one of which ends on the day before the date of the enactment of this Act and the other of which begins on such date of enactment. (2) Application of section 2504(b) For purposes of applying section 2504(b) | Death Tax Repeal Act of 2023 |
English Language Unity Act of 2023 This bill establishes English as the official language of the United States. It establishes a framework for implementation and enforcement, including by testing English as part of the naturalization process. | 118 S1109 IS: English Language Unity Act of 2023 U.S. Senate 2023-03-30 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 118th CONGRESS 1st Session S. 1109 IN THE SENATE OF THE UNITED STATES March 30, 2023 Mr. Vance Mr. Cramer Committee on Homeland Security and Governmental Affairs A BILL To declare English as the official language of the United States, to establish a uniform English language rule for naturalization, and to avoid misconstructions of the English language texts of the laws of the United States, pursuant to Congress’ powers to provide for the general welfare of the United States and to establish a uniform rule of naturalization under article I, section 8, of the Constitution. 1. Short title This Act may be cited as the English Language Unity Act of 2023 2. Findings Congress finds and declares the following: (1) The United States is comprised of individuals from diverse ethnic, cultural, and linguistic backgrounds. (2) Throughout the history of the United States, a common thread binding citizens of differing backgrounds has been the English language. (3) Among the powers reserved to the States respectively is the power to establish the English language as the official language of the respective States, and otherwise to promote the English language within the respective States, subject to the prohibitions enumerated in the Constitution of the United States and in laws of the respective States. 3. English as official language of the United States (a) In general Title 4, United States Code, is amended by adding at the end the following: 6 Official language 161. Official language of the United States The official language of the United States is English. 162. Preserving and enhancing the role of the official language Representatives of the Federal Government shall have an affirmative obligation to preserve and enhance the role of English as the official language of the Federal Government. Such obligation shall include encouraging greater opportunities for individuals to learn the English language. 163. Official functions of Government to be conducted in English (a) Scope For the purposes of this section— (1) the term official (A) binds the Government; (B) is required by law; or (C) is otherwise subject to scrutiny by either the press or the public; and (2) the term United States (b) Official functions The official functions of the Government of the United States shall be conducted in English. (c) Practical effect This section— (1) shall apply to all laws, public proceedings, regulations, publications, orders, actions, programs, and policies; and (2) shall not apply to— (A) teaching of languages; (B) requirements under the Individuals with Disabilities Education Act ( 20 U.S.C. 1400 et seq. (C) actions, documents, or policies necessary for national security, international relations, trade, tourism, or commerce; (D) actions or documents that protect the public health and safety; (E) actions or documents that facilitate the activities of the Bureau of the Census in compiling any census of population; (F) actions that protect the rights of victims of crimes or criminal defendants; or (G) using terms of art or phrases from languages other than English. 164. Uniform English language rule for naturalization (a) Uniform language testing standard All citizens of the United States should be able to read and understand generally the English language text of the Declaration of Independence, the Constitution of the United States, and the laws of the United States made in pursuance of the Constitution of the United States. (b) Ceremonies All naturalization ceremonies shall be conducted in English. 165. Rules of construction Nothing in this chapter shall be construed— (1) to prohibit a Member of Congress or any officer or agent of the Federal Government, while performing official functions under section 163, from communicating unofficially through any medium with another person in a language other than English (as long as official functions are performed in English); (2) to limit the preservation or use of Native Alaskan or Native American languages (as defined in the Native American Languages Act ( 25 U.S.C. 2901 et seq. (3) to disparage any language or to discourage any person from learning or using a language; or (4) to be inconsistent with the Constitution of the United States. 166. Standing A person injured by a violation of this chapter may in a civil action (including an action under chapter 151 . (b) Clerical amendment The table of chapters at the beginning of title 4, United States Code, is amended by inserting after the item relating to chapter 5 the following: Chapter 6. Official language . 4. General rules of construction for English language texts of the laws of the United States (a) In general Chapter 1 9. General rules of construction for laws of the United States (a) English language requirements and workplace policies, whether in the public or private sector, shall be presumptively consistent with the laws of the United States. (b) Any ambiguity in the English language text of the laws of the United States shall be resolved, in accordance with the last two articles of the Bill of Rights, not to deny or disparage rights retained by the people, and to reserve powers to the States respectively, or to the people. . (b) Clerical amendment The table of sections at the beginning of chapter 1 section 8 9. General rules of construction for laws of the United States. . 5. Implementing regulations Not later than 180 days after the date of enactment of this Act, the Secretary of Homeland Security shall issue for public notice and comment a proposed rule for uniform testing English language ability of candidates for naturalization, which shall be based upon the principles that— (1) all citizens of the United States should be able to read and understand generally the English language text of the Declaration of Independence, the Constitution of the United States, and the laws of the United States which are made in pursuance thereof; and (2) any exceptions to the standard described in paragraph (1) should be limited to extraordinary circumstances. 6. Effective date The amendments made by sections 3 and 4 shall take effect on the date that is 180 days after the date of enactment of this Act. | English Language Unity Act of 2023 |
Providing Accountability Through Transparency Act of 2023 This act requires the notice of a proposed rule by a federal agency to include the internet address of a summary of the rule. The summary must be 100 words or fewer, written in plain language, and posted on regulations.gov. | S111 ENR: Providing Accountability Through Transparency Act of 2023 U.S. Senate text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. One Hundred Eighteenth Congress of the United States of America 1st Session Begun and held at the City of Washington on Tuesday, the third day of January, two thousand and twenty three S. 111 IN THE SENATE OF THE UNITED STATES AN ACT To require each agency, in providing notice of a rulemaking, to include a link to a 100-word plain language summary of the proposed rule. 1. Short title This Act may be cited as the Providing Accountability Through Transparency Act of 2023 2. Requirement to post a 100-word summary to regulations.gov Section 553(b) of title 5, United States Code, is amended— (1) in paragraph (2) , and (2) in paragraph (3), by striking the period at the end and inserting ; and (3) by inserting after paragraph (3) the following: (4) the Internet address of a summary of not more than 100 words in length of the proposed rule, in plain language, that shall be posted on the Internet website under section 206(d) of the E-Government Act of 2002 ( 44 U.S.C. 3501 . Speaker of the House of Representatives Vice President of the United States and President of the Senate | Providing Accountability Through Transparency Act of 2023 |
Nurse Staffing Standards for Patient Safety and Quality Care Act of 2023 This bill requires hospitals to implement and submit to the Department of Health and Human Services (HHS) a staffing plan that complies with specified minimum nurse-to-patient ratios by unit. Hospitals must post a notice regarding nurse-to-patient ratios in each unit and maintain records of actual ratios for each shift in each unit. The bill also requires hospitals to follow certain procedures regarding how ratios are determined, and other staff are prohibited from performing nurse functions unless specifically authorized within a state's scope of practice rules. HHS must adjust Medicare payments to hospitals to cover additional costs attributable to compliance with these ratios. Nurses may object to, or refuse to participate in, an assignment if it would violate minimum ratios or if they are not prepared by education or experience to fulfill the assignment without compromising the safety of a patient or jeopardizing their nurse's license. Hospitals may not (1) take adverse actions against a nurse based on the nurse's reasonable refusal to accept an assignment; or (2) discriminate against individuals for good faith complaints relating to the care, services, or conditions of the hospital or related facilities. HHS may impose civil monetary penalties on hospitals violating the ratio requirements and must publish the names of such hospitals. The bill provides stipends to the nurse workforce loan repayment and scholarship program and expands the nurse retention grant program to include nurse preceptorship and mentorship projects. | 118 S1113 IS: Nurse Staffing Standards for Hospital Patient Safety and Quality Care Act of 2023 U.S. Senate 2023-03-30 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 118th CONGRESS 1st Session S. 1113 IN THE SENATE OF THE UNITED STATES March 30, 2023 Mr. Brown Ms. Baldwin Ms. Warren Mr. Padilla Ms. Stabenow Mr. Markey Mr. Sanders Committee on Health, Education, Labor, and Pensions A BILL To amend the Public Health Service Act to establish direct care registered nurse-to-patient staffing ratio requirements in hospitals, and for other purposes. 1. Short title; table of contents; findings (a) Short title This Act may be cited as the Nurse Staffing Standards for Hospital Patient Safety and Quality Care Act of 2023 (b) Table of contents The table of contents for this Act is as follows: Sec. 1. Short title; table of contents; findings. Sec. 2. Minimum direct care registered nurse staffing requirement. Sec. 3. Enforcement of requirements through Federal programs. Sec. 4. Nurse workforce initiative. (c) Findings Congress finds the following: (1) The Federal Government has a substantial interest in promoting quality care and improving the delivery of health care services to patients in health care facilities in the United States. (2) Recent changes in health care delivery systems that have resulted in higher acuity levels among patients in health care facilities increase the need for improved quality measures in order to protect patient care and reduce the incidence of medical errors. (3) Inadequate and poorly monitored registered nurse staffing practices that result in too few registered nurses providing direct care jeopardize the delivery of quality health care services. (4) Numerous studies have shown that patient outcomes are directly correlated to direct care registered nurse staffing levels, including a 2010 Health Services Research study that concluded that implementation of minimum nurse-to-patient staffing ratios in California has led to improved patient outcomes and nurse retention and a 2014 Agency for Healthcare Research and Quality study that concluded increases in nurse staffing and skill mix lead to improved quality and reduced length of stay at no additional cost. (5) Requirements for direct care registered nurse staffing ratios will help address the registered nurse shortage in the United States by aiding in recruitment of new registered nurses and improving retention of registered nurses who are considering leaving direct patient care because of demands created by inadequate staffing. (6) Establishing adequate minimum direct care registered nurse-to-patient ratios that take into account patient acuity measures will improve the delivery of quality health care services and guarantee patient safety. (7) Establishing safe staffing standards for direct care registered nurses is a critical component of assuring that there is adequate hospital staffing at all levels to improve the delivery of quality care and protect patient safety. 2. Minimum direct care registered nurse staffing requirement (a) Minimum direct care registered nurse staffing requirements The Public Health Service Act ( 42 U.S.C. 201 et seq. XXXIV MINIMUM DIRECT CARE REGISTERED NURSE STAFFING REQUIREMENT 3401. Minimum nurse staffing requirement (a) Staffing plan (1) In general A hospital shall implement a staffing plan that— (A) provides adequate, appropriate, and quality delivery of health care services and protects patient safety; and (B) is consistent with the requirements of this title. (2) Effective dates (A) Implementation of staffing plan Subject to subparagraph (B), the requirements under paragraph (1) shall take effect on a date to be determined by the Secretary, but not later than 1 year after the date of the enactment of this title. (B) Application of minimum direct care registered nurse-to-patient ratios The requirements under subsection (b) shall take effect as soon as practicable, as determined by the Secretary, but not later than— (i) 2 years after the date of enactment of this title; and (ii) in the case of a hospital in a rural area (as defined in section 1886(d)(2)(D) of the Social Security Act), 4 years after the date of enactment of this title. (b) Minimum direct care registered nurse-to-Patient ratios (1) In general Except as provided in paragraph (4) and other provisions of this section, a hospital’s staffing plan shall provide that, at all times during each shift within a unit of the hospital, and with a full complement of ancillary and support staff, a direct care registered nurse may be assigned to not more than the following number of patients in that unit: (A) One patient in trauma emergency units. (B) One patient in operating room units, provided that a minimum of 1 additional person serves as a scrub assistant in such unit. (C) Two patients in critical care units, including neonatal intensive care units, emergency critical care and intensive care units, labor and delivery units, coronary care units, acute respiratory care units, postanesthesia units, and burn units. (D) Three patients in emergency room units, pediatrics units, stepdown units, telemetry units, antepartum units, and combined labor, deliver, and postpartum units. (E) Four patients in medical-surgical units, intermediate care nursery units, acute care psychiatric units, and other specialty care units. (F) Five patients in rehabilitation units and skilled nursing units. (G) Six patients in postpartum (3 couplets) units and well-baby nursery units. (2) Similar units with different names The Secretary may apply minimum direct care registered nurse-to-patient ratios established in paragraph (1) for a hospital unit referred to in such paragraph to a type of hospital unit not referred to in such paragraph if such type of hospital unit provides a level of care to patients whose needs are similar to the needs of patients cared for in the hospital unit referred to in such paragraph. (3) Application of ratios to hospital nursing practice standards (A) In general A patient assignment may be included in the calculation of the direct care registered nurse-to-patient ratios required in this subsection only if care is provided by a direct care registered nurse and the provision of care to the particular patient is within that direct care registered nurse’s competence. (B) Demonstration of unit-specific competence A hospital shall not assign a direct care registered nurse to a hospital unit unless that hospital determines that the direct care registered nurse has demonstrated current competence in providing care in that unit, and has also received orientation to that hospital’s unit sufficient to provide competent care to patients in that unit. (C) Duties of the assigned direct care registered nurse Each patient shall be assigned to a direct care registered nurse who shall directly provide the assessment, planning, supervision, implementation, and evaluation of the nursing care provided to the patient at least every shift and has the responsibility for the provision of care to a particular patient within his or her scope of practice. (D) Nurse administrators and supervisors A registered nurse who is a nurse administrator, nurse supervisor, nurse manager, charge nurse, case manager, or any other hospital administrator or supervisor, shall not be included in the calculation of the direct care registered nurse-to-patient ratio unless that nurse has a current and active direct patient care assignment and provides direct patient care in compliance with the requirements of this section, including competency requirements. The exemption in this subsection shall apply only during the hours in which the individual registered nurse has the principal responsibility of providing direct patient care and has no additional job duties as would a direct care registered nurse. (E) Other personnel Other personnel may perform patient care tasks based on their training and demonstrated skill but may not perform or assist in direct care registered nurse functions unless authorized to do in accordance with State scope of practice laws and regulations. (F) Temporary nursing personnel A hospital shall not assign any nursing personnel from temporary nursing agencies patient care to any hospital unit without such personnel having demonstrated competence on the assigned unit and received orientation to that hospital’s unit sufficient to provide competent care to patients in that unit. (G) Ancillary and additional staffing The need for additional staffing of direct care registered nurses, licensed vocational or practical nurses, licensed psychiatric technicians, certified nursing or patient care assistants, or other licensed or unlicensed ancillary staff above the minimum registered nurse-to-patient ratios shall be based on the assessment of the individual patient’s nursing care requirement, the individual patient’s nursing care plan, and acuity level. (4) Restrictions (A) Prohibition against averaging A hospital shall not average the number of patients and the total number of direct care registered nurses assigned to patients in a hospital unit during any 1 shift or over any period of time for purposes of meeting the requirements under this subsection. (B) Prohibition against imposition of mandatory overtime requirements A hospital shall not impose mandatory overtime requirements to meet the hospital unit direct care registered nurse-to-patient ratios required under this subsection. (C) Relief during routine absences A hospital shall ensure that only a direct care registered nurse who has demonstrated current competence to the hospital in providing care on a particular unit and has also received orientation to that hospital’s unit sufficient to provide competent care to patients in that unit may relieve another direct care registered nurse during breaks, meals, and other routine, expected absences from a hospital unit. (D) Application of direct care registered nurse-to-patient ratios in patient-acuity adjustable units Patients shall be cared for only on units or patient care areas where the direct care registered nurse-to-patient ratios meet the level of intensity, type of care, and the individual requirements and needs of each patient. Notwithstanding paragraph (2), hospitals that provide patient care in units or patient care areas that are acuity adaptable or acuity adjustable shall apply the direct care registered nurse-to-patient ratio required in this section for the highest patient acuity level or level of care in that unit or patient care area, and shall comply with all other requirements of this section. (E) Use of video monitors A hospital shall not employ video monitors or any form of electronic visualization of a patient as a substitute for the direct observation required for patient assessment by the direct care registered nurse or required for patient protection. Video monitors or any form of electronic visualization of a patient shall not be included in the calculation of the direct care registered nurse-to-patient ratio required in this subsection and shall not replace the requirement of paragraph (3)(D) that each patient shall be assigned to a direct care registered nurse who shall directly provide the assessment, planning, supervision, implementation, and evaluation of the nursing care provided to the patient at least every shift and have the responsibility for the provision of care to a particular patient within his or her scope of practice. (F) Use of other technology A hospital shall not employ technology that substitutes for the assigned registered nurse’s professional judgment in assessment, planning, implementation, and evaluation of care. (5) Adjustment of ratios (A) In general If necessary to protect patient safety, the Secretary may prescribe regulations that— (i) increase minimum direct care registered nurse-to-patient ratios under this subsection to reduce the number of patients that may be assigned to each direct care nurse; or (ii) add minimum direct care registered nurse-to-patient ratios for units not referred to in paragraphs (1) and (2). (B) Consultation Such regulations shall be prescribed after consultation with affected hospitals and registered nurses. (6) Ancillary and additional staffing (A) In general The Secretary may prescribe regulations requiring additional staffing of direct care registered nurses, licensed vocational or practice nurses, licensed psychiatric technicians, certified nursing or patient care assistants, or other licensed or unlicensed ancillary staff above the minimum registered nurse-to-patient ratios that is based on the assessment of the individual patient’s nursing care needs, the individual patient’s nursing care plan, and acuity level. (B) Consultation Such regulations shall be prescribed after consultation with affected hospitals, registered nurses, and ancillary staff. (7) Relationship to state-imposed ratios Nothing in this title shall preempt State standards that the Secretary determines to be as stringent as Federal requirements for a staffing plan established under this title. Minimum direct care registered nurse-to-patient ratios established under this subsection shall not preempt State requirements that the Secretary determines are as stringent as to Federal requirements for direct care registered nurse-to-patient ratios established under this title. (8) Exemption in emergencies The requirements established under this subsection shall not apply during a state of emergency if a hospital is requested or expected to provide an exceptional level of emergency or other medical services. If a hospital seeks to apply the exemption under this paragraph in response to a complaint filed against the hospital for a violation of the provisions of this title, the hospital must demonstrate that prompt and diligent efforts were made to maintain required staffing levels. The Secretary shall issue guidance to hospitals that describes situations that constitute a state of emergency for purposes of the exemption under this paragraph and shall establish necessary penalties for violations of this paragraph consistent with section 3406. (c) Development and reevaluation of staffing plan (1) Considerations in development of plan In developing the staffing plan, a hospital shall provide for direct care registered nurse-to-patient ratios above the minimum direct care registered nurse-to-patient ratios required under subsection (b) if appropriate based upon consideration of, at minimum, the following factors: (A) The number of patients on a particular unit on a shift-by-shift basis. (B) The acuity level and nursing care plan of patients on a particular unit on a shift-by-shift basis. (C) The anticipated admissions, discharges, and transfers of patients during each shift that impacts direct patient care. (D) Specialized experience required of direct care registered nurses on a particular unit. (E) Staffing levels and services provided by licensed vocational or practical nurses, licensed psychiatric technicians, certified nurse assistants, or other ancillary staff in meeting direct patient care needs not required by a direct care registered nurse. (F) The level of familiarity with hospital practices, policies, and procedures by temporary agency direct care registered nurses used during a shift. (G) Obstacles to efficiency in the delivery of patient care presented by physical layout. (2) Documentation of staffing A hospital shall specify the system used to document actual staffing in each unit for each shift. (3) Annual reevaluation of plan (A) In general A hospital shall annually evaluate its staffing plan in each unit in relation to actual patient care requirements. (B) Update A hospital shall update its staffing plan to the extent appropriate based on such evaluation. (4) Transparency (A) In general Any staffing plan or method used to create and evaluate acuity-level and adopted by a hospital under this section shall be transparent in all respects, including disclosure of detailed documentation of the methodology used to determine nursing staffing, identifying each factor, assumption, and value used in applying such methodology. (B) Public availability The Secretary shall establish procedures to provide that the documentation submitted under subsection (d) is available for public inspection in its entirety. (5) Registered nurse participation A staffing plan of a hospital— (A) shall be developed and subsequent reevaluations shall be conducted under this subsection on the basis of input from direct care registered nurses at the hospital from each unit or patient care area; and (B) where such nurses are represented through collective bargaining, shall require bargaining with the applicable recognized or certified collective bargaining representative of such nurses. Nothing in this title shall be construed to permit conduct prohibited under the National Labor Relations Act ( 29 U.S.C. 151 et seq. chapter 71 (6) Staffing committees If a hospital maintains a staffing committee, then the committee shall include at least one registered nurse from each hospital unit and shall be composed of at least 50 percent direct care registered nurses. The staffing committee shall include meaningful representation of other direct care nonmanagement staff. Direct care registered nurses who serve on the committee shall be selected by other direct care registered nurses from their unit. Other direct care nonmanagement staff shall be selected by other direct care nonmanagement staff. Participation on staffing committees shall be considered a part of the employee’s regularly scheduled workweek. (d) Submission of plan to secretary A hospital shall submit to the Secretary its staffing plan and any annual updates under subsection (c)(3)(B). A federally operated hospital may submit its staffing plan through the department or agency operating the hospital. 3402. Posting, records, and audits (a) Posting requirements In each unit, a hospital shall post a uniform notice in a form specified by the Secretary in regulation that— (1) explains requirements imposed under section 3401; (2) includes actual direct care registered nurse-to-patient ratios during each shift; (3) includes the actual number and titles of direct care registered nurses assigned during each shift; and (4) is visible, conspicuous, and accessible to staff, patients, and the public. (b) Records (1) Maintenance of records Each hospital shall maintain accurate records of actual direct care registered nurse-to-patient ratios in each unit for each shift for no less than 3 years. Such records shall include— (A) the number of patients in each unit; (B) the identity and duty hours of— (i) each direct care registered nurse assigned to each patient in each unit in each shift; and (ii) ancillary staff who are under the coordination of the direct care registered nurse; (C) certification that each nurse received rest and meal breaks and the identity and duty hours of each direct care registered nurse who provided such relief; and (D) a copy of each notice posted under subsection (a). (2) Availability of records Each hospital shall make its records maintained under paragraph (1) available to— (A) the Secretary; (B) registered nurses and their collective bargaining representatives (if any); and (C) the public under regulations established by the Secretary, or in the case of a federally operated hospital, under section 552 of title 5, United States Code (commonly known as the Freedom of Information Act). (c) Audits The Secretary shall conduct periodic audits to ensure— (1) implementation of the staffing plan in accordance with this title; and (2) accuracy in records maintained under this section. 3403. Minimum direct care licensed practical nurse staffing requirements (a) Establishment A hospital’s staffing plan shall comply with minimum direct care licensed practical nurse staffing requirements that the Secretary establishes for units in hospitals. Such staffing requirements shall be established not later than 18 months after the date of the enactment of this title, and shall be based on the study conducted under subsection (b). (b) Study Not later than 1 year after the date of the enactment of this title, the Secretary, acting through the Director of the Agency for Healthcare Research and Quality, shall complete a study of licensed practical nurse staffing and its effects on patient care in hospitals. The Director may contract with a qualified entity or organization to carry out such study under this paragraph. The Director shall consult with licensed practical nurses and organizations representing licensed practical nurses regarding the design and conduct of the study. (c) Application of registered nurse provisions to licensed practical nurse staffing requirements Paragraphs (2), (4)(A), (4)(B), (4)(C), and (6) of section 3401(b), paragraphs (1), (2), (3), and (4) of section 3401(c), and section 3402 shall apply to the establishment and application of direct care licensed practical nurse staffing requirements under this section pursuant to the additional staffing requirements under subsection (b)(3)(G) of section 3401 and in the same manner that they apply to the establishment and application of direct care registered nurse-to-patient ratios under sections 3401 and 3402. (d) Effective date The requirements of this section shall take effect as soon as practicable, as determined by the Secretary, but not later than— (1) 2 years after the date of the enactment of this title; and (2) in the case of a hospital in a rural area (as defined in section 1886(d)(2)(D) of the Social Security Act), 4 years after the date of the enactment of this title. (e) Study Not later than 1 year after the date of the enactment of this title, the Secretary, acting through the Director of the Agency for Healthcare Research and Quality shall complete a study of registered and practical nurse staffing requirements in clinics and other outpatient settings, and its effects on patient care in outpatient settings. The Director may contract with a qualified entity or organization to carry out such study under this subsection. The Director shall consult with registered nurses and licensed practice nurses working in outpatient settings, including professional nursing associations and labor organizations representing both registered and practice nurses working in outpatient settings regarding the design and conduct of the study. 3404. Adjustment in reimbursement (a) Medicare reimbursement The Secretary shall adjust payments made to hospitals (other than federally operated hospitals) under title XVIII of the Social Security Act in an amount equal to the net amount of additional costs incurred in providing services to Medicare beneficiaries that are attributable to compliance with requirements imposed under sections 3401 through 3403. The amount of such payment adjustments shall take into account recommendations contained in the report submitted by the Medicare Payment Advisory Commission under subsection (c). (b) Authorization of appropriation for federally operated hospitals There are authorized to be appropriated such additional sums as are required for federally operated hospitals to comply with the additional requirements established under sections 3401 through 3403. (c) MedPAC report Not later than 2 years after the date of the enactment of this title, the Medicare Payment Advisory Commission (established under section 1805 of the Social Security Act) shall submit to Congress and the Secretary a report estimating total costs and savings attributable to compliance with requirements imposed under sections 3401 through 3403. Such report shall include recommendations on the need, if any, to adjust reimbursement for Medicare payments under subsection (a). 3405. Whistleblower and patient protections (a) Professional obligation and rights All nurses have a duty and right to act based on their professional judgment in accordance with State nursing laws and regulations of the State in which the direct nursing care is being performed and to provide care in the exclusive interests of the patients and to act as the patient’s advocate. (b) Acceptance of patient care assignments The nurse is responsible for providing competent, safe, therapeutic, and effective nursing care to assigned patients. Before accepting a patient assignment, a nurse shall— (1) have the necessary professional knowledge, judgment, skills, and ability to provide the required care; (2) determine using professional judgment in accordance with State nursing laws and regulations of the State in which the direct nursing care is being performed whether the nurse is competent to perform the nursing care required; and (3) determine whether acceptance of a patient assignment would expose the patient or nurse to risk of harm. (c) Objection to or refusal of assignment A nurse may object to, or refuse to participate in, any activity, policy, practice, assignment, or task if in good faith— (1) the nurse reasonably believes it to be in violation of section 3401 or 3403; or (2) the nurse is not prepared by education, training, or experience to fulfill the assignment without compromising the safety of any patient or jeopardizing the license of the nurse. (d) Retaliation for objection to or refusal of assignment barred (1) No discharge, discrimination, or retaliation No hospital shall discharge, retaliate, discriminate, or otherwise take adverse action in any manner with respect to any aspect of a nurse’s employment (as defined in section 3407), including discharge, promotion, compensation, or terms, conditions, or privileges of employment, based on the nurse’s refusal of a work assignment under subsection (c). (2) No filing of complaint No hospital shall file a complaint or a report against a nurse with a State professional disciplinary agency because of the nurse’s refusal of a work assignment under subsection (c). (e) Cause of action Any nurse, collective bargaining representative, or legal representative of any nurse who has been discharged, discriminated against, or retaliated against in violation of subsection (d)(1) or against whom a complaint or report has been filed in violation of subsection (d)(2) may (without regard to whether a complaint has been filed under subsection (f) of this section or subsection (b) of section 3406) bring a cause of action in a United States district court. A nurse who prevails on the cause of action shall be entitled to one or more of the following: (1) Reinstatement. (2) Reimbursement of lost wages, compensation, and benefits. (3) Attorneys’ fees. (4) Court costs. (5) Other damages. (f) Complaint to secretary A nurse, patient, collective bargaining representative, or other individual may file a complaint with the Secretary against a hospital that violates the provisions of this title. For any complaint filed, the Secretary shall— (1) receive and investigate the complaint; (2) determine whether a violation of this title as alleged in the complaint has occurred; and (3) if such a violation has occurred, issue an order that the complaining nurse or individual shall not suffer any discharge, retaliation, discrimination, or other adverse action prohibited by subsection (d) or subsection (h). (g) Toll-Free telephone number (1) In general The Secretary shall provide for the establishment of a toll-free telephone hotline to provide information regarding the requirements under section 3401 through 3403 and to receive reports of violations of such section. (2) Notice to patients A hospital shall provide each patient admitted to the hospital for inpatient care with the hotline described in paragraph (1), and shall give notice to each patient that such hotline may be used to report inadequate staffing or care. (h) Protection for reporting (1) Prohibition on retaliation or discrimination A hospital shall not discriminate or retaliate in any manner against any patient, employee, or contract employee of the hospital, or any other individual, on the basis that such individual, in good faith, individually or in conjunction with another person or persons, has presented a grievance or complaint, or has initiated or cooperated in any investigation or proceeding of any governmental entity, regulatory agency, or private accreditation body, made a civil claim or demand, or filed an action relating to the care, services, or conditions of the hospital or of any affiliated or related facilities. (2) Good faith defined For purposes of this subsection, an individual shall be deemed to be acting in good faith if the individual reasonably believes— (A) the information reported or disclosed is true; and (B) a violation of this title has occurred or may occur. (i) Prohibition on interference with rights (1) Exercise of rights It shall be unlawful for any hospital to— (A) interfere with, restrain, or deny the exercise, or attempt to exercise, by any person of any right provided or protected under this title; or (B) coerce or intimidate any person regarding the exercise or attempt to exercise such right. (2) Opposition to unlawful policies or practices It shall be unlawful for any hospital to discriminate or retaliate against any person for opposing any hospital policy, practice, or actions which are alleged to violate, breach, or fail to comply with any provision of this title. (3) Prohibition on interference with protected communications A hospital (or an individual representing a hospital) shall not make, adopt, or enforce any rule, regulation, policy, or practice which in any manner directly or indirectly prohibits, impedes, or discourages a direct care nurse from, or intimidates, coerces, or induces a direct care nurse regarding, engaging in free speech activities or disclosing information as provided under this title. (4) Prohibition on interference with collective action A hospital (or an individual representing a hospital) shall not in any way interfere with the rights of nurses to organize, bargain collectively, and engage in concerted activity under section 7 of the National Labor Relations Act ( 29 U.S.C. 157 (j) Notice A hospital shall post in an appropriate location in each unit a conspicuous notice in a form specified by the Secretary that— (1) explains the rights of nurses, patients, and other individuals under this section; (2) includes a statement that a nurse, patient, or other individual may file a complaint with the Secretary against a hospital that violates the provisions of this title; and (3) provides instructions on how to file such a complaint. (k) Effective date (1) Refusal; retaliation; cause of action (A) In general Subsections (c) through (e) shall apply to objections and refusals occurring on or after the effective date of the provision of this title to which the objection or refusal relates. (B) Exception Subsection (c)(2) shall not apply to objections or refusals in any hospital before the requirements of section 3401(a) or 3403(a), as applicable, apply to that hospital. (2) Protections for reporting Subsection (h)(1) shall apply to actions occurring on or after the effective date of the provision to which the violation relates, except that such subsection shall apply to initiation, cooperation, or participation in an investigation or proceeding on or after the date of enactment of this title. (3) Notice Subsection (j) shall take effect 18 months after the date of enactment of this title. 3406. Enforcement (a) In general The Secretary shall enforce the requirements and prohibitions of this title in accordance with this section. (b) Procedures for receiving and investigating complaints The Secretary shall establish procedures under which— (1) any person may file a complaint alleging that a hospital has violated a requirement or a prohibition of this title; and (2) such complaints shall be investigated by the Secretary. (c) Remedies If the Secretary determines that a hospital has violated a requirement of this title, the Secretary— (1) shall require the facility to establish a corrective action plan to prevent the recurrence of such violation; and (2) may impose civil money penalties, as described in subsection (d). (d) Civil penalties (1) In general In addition to any other penalties prescribed by law, the Secretary may impose civil penalties as follows: (A) Hospital liability The Secretary may impose on a hospital found to be in violation of this title a civil money penalty of— (i) not more than $25,000 for the first knowing violation of this title by such hospital; and (ii) not more than $50,000 for any subsequent knowing violation of this title by such hospital. (B) Individual liability The Secretary may impose on an individual who— (i) is employed by a hospital found by the Secretary to have violated this title; and (ii) knowingly violates this title, a civil money penalty of not more than $20,000 for each such violation by the individual. (2) Procedures The provisions of section 1128A of the Social Security Act (other than subsections (a) and (b)) shall apply with respect to a civil money penalty or proceeding under this subsection in the same manner as such provisions apply with respect to a civil money penalty or proceeding under such section 1128A. (e) Public notice of violations (1) Internet website The Secretary shall publish on the internet website of the Department of Health and Human Services the names of hospitals on which a civil money penalty has been imposed under this section, the violation for which such penalty was imposed, and such additional information as the Secretary determines appropriate. (2) Change of ownership With respect to a hospital that had a change of ownership, as determined by the Secretary, penalties imposed on the hospital while under previous ownership shall no longer be published by the Secretary pursuant to paragraph (1) after the 1-year period beginning on the date of change of ownership. (f) Use of funds Funds collected by the Secretary pursuant to this section are authorized to be appropriated to carry out this title. 3407. Definitions For purposes of this title: (1) Acuity level The term acuity level (A) the severity and complexity of an individual patient’s illness or injury; (B) the need for specialized equipment; and (C) the intensity of nursing interventions required. (2) Competence The term competence competent (3) Direct care licensed practical nurse The term direct care licensed practical nurse (4) Direct care registered nurse The term direct care registered nurse (5) Employment The term employment (6) Hospital The term hospital (7) Nurse The term nurse (8) Nursing care plan The term nursing care plan (A) considers the acuity level of the patient; (B) is developed in coordination with the patient, the patient’s family, or other representatives when appropriate, and staff of other disciplines involved in the care of the patient; (C) reflects all elements of the nursing process; and (D) recommends the number and skill mix of additional licensed and unlicensed direct care staff needed to fully implement the nursing care plan. (9) Professional judgment The term professional judgment (10) Staffing plan The term staffing plan (11) State of emergency The term state of emergency (A) means a state of emergency that is an unpredictable or unavoidable occurrence at an unscheduled or unpredictable interval, relating to health care delivery and requiring immediate medical interventions and care; and (B) does not include a state of emergency that results from a labor dispute in the health care industry or consistent understaffing. 3408. Rule of construction Nothing in this title shall be construed to authorize disclosure of private and confidential patient information, if such disclosure is not authorized or required by other applicable law. . (b) Recommendations to congress Not later than 1 year after the date of enactment of this Act, the Secretary of Health and Human Services shall submit to Congress a report containing recommendations for ensuring that sufficient numbers of nurses are available to meet the requirements imposed by title XXXIV of the Public Health Service Act, as added by subsection (a). (c) Report by HRSA (1) In general Not later than 2 years after the date of enactment of this Act, the Administrator of the Health Resources and Services Administration, in consultation with the National Health Care Workforce Commission, shall submit to Congress a report regarding the relationship between nurse staffing levels and nurse retention in hospitals. (2) Updated report Not later than 5 years after the date of enactment of this Act, the Administrator of the Health Resources and Services Administration, in consultation with the National Health Care Workforce Commission, shall submit to Congress an update of the report submitted under paragraph (1). 3. Enforcement of requirements through Federal programs (a) Medicare program Section 1866(a)(1) of the Social Security Act ( 42 U.S.C. 1395cc(a)(1) (1) in subparagraph (X), by striking , and (2) in subparagraph (Y), by striking the period at the end and inserting , and (3) by inserting after the subparagraph (Y) the following new subparagraph: (Z) in the case of a hospital, to comply with the provisions of title XXXIV of the Public Health Service Act. . (b) Medicaid program Section 1902(a) of the Social Security Act ( 42 U.S.C. 1396a(a) (1) by striking and (2) by striking the period at the end of paragraph (86) and inserting ; and (3) by inserting after paragraph (86) the following new paragraph: (87) provide that any hospital that receives a payment under such plan comply with the provisions of title XXXIV of the Public Health Service Act (relating to minimum direct care registered nurse staffing requirements). . (c) Health benefits program of the department of veterans affairs Section 8110(a) of title 38, United States Code, is amended by adding at the end the following new paragraphs: (7) In the case of a Department medical facility that is a hospital, the hospital shall comply with the provisions of title XXXIV of the Public Health Service Act. (8) Nothing either in chapter 74 of this title or in section 7106 of title 5 shall preclude enforcement of the provisions of title XXXIV of the Public Health Service Act with respect to a Department hospital through grievance procedures negotiated in accordance with chapter 71 . (d) Health benefits program of the department of defense (1) In general Chapter 55 1110c. Staffing requirements In the case of a facility of the uniformed services that is a hospital, the hospital shall comply with the provisions of title XXXIV of the Public Health Service Act. . (2) Clerical amendment The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 1110b the following new item: 1110c. Staffing requirements. . (e) Indian health services program Title VIII of the Indian Health Care Improvement Act ( 25 U.S.C. 1671 et seq. 833. Staffing requirements All hospitals of the Service shall comply with the provisions of title XXXIV of the Public Health Service Act (relating to minimum direct care registered nurse staffing requirements). . (f) Federal labor-Management relations (1) In general Section 7106 of title 5, United States Code, is amended by adding at the end the following: (c) Nothing in this section shall preclude enforcement of the provisions of title XXXIV of the Public Health Service Act through grievance procedures negotiated in accordance with section 7121. . (2) Conforming amendment Section 7106(a) of title 5, United States Code, is amended by striking Subject to subsection (b) of this title, Subject to subsections (b) and (c), 4. Nurse workforce initiative (a) Scholarship and stipend program Section 846(d) of the Public Health Service Act ( 42 U.S.C. 297n(d) (1) in the subsection heading, by inserting and Stipend Scholarship (2) in paragraph (1), by inserting or stipends scholarships (b) Nurse retention grants Section 831(c)(1) of the Public Health Service Act ( 42 U.S.C. 296p(c)(1) (1) by striking Grants for Career Ladder Program Grants for Nurse Retention (2) in subparagraph (B), by striking ; and (3) in subparagraph (C), by striking the period and inserting a semicolon; and (4) by adding at the end the following: (D) to provide additional support to nurses entering the workforce by implementing nursing preceptorship projects that establish a period of practical and clinical experiences and training for nursing students, newly hired nurses, and recent graduates of a direct care degree program for registered nurses; or (E) to implement mentorship projects that assist new or transitional direct care registered nurses in adapting to the hospital setting. . | Nurse Staffing Standards for Hospital Patient Safety and Quality Care Act of 2023 |
Expanding Access to Low-Cost Generics Act of 2023 This bill modifies provisions related to market exclusivity for a generic drug. Currently, the Food and Drug Administration (FDA) awards 180 days of exclusivity on the market to a first applicant to file a qualifying application for market approval of a generic drug. Generally, this exclusivity period begins upon a first applicant's commercial marketing of the drug. The bill authorizes the FDA to approve a subsequent generic drug application prior to a first applicant's first date of commercial marketing if (1) the subsequent application is ready for full approval, (2) the applicant certifies that there are no conditions that would prevent commercial marketing of the drug within 75 days of approval and that the applicant intends to do so, (3) a first applicant's application has been pending for at least 33 months, (4) the approval of a first applicant's application is not precluded by patent infringement claims asserted against that first applicant, and (5) no first applicant's application has been effectively approved on the date that all such conditions are met. If an applicant fails to begin commercially marketing their drug within 75 days of approval via the aforementioned process, the applicant's approval is deemed tentative and the applicant is no longer eligible for subsequent approvals, unless the applicant certifies that the failure was due to unforeseen issues that have since been resolved. Additionally, the FDA must inform generic drug applicants, upon request or during review, whether the drug is qualitatively and quantitatively the same as the listed brand-name drug (and if not, the reasons why). | 118 S1114 IS: Expanding Access to Low-Cost Generics Act of 2023 U.S. Senate 2023-03-30 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 118th CONGRESS 1st Session S. 1114 IN THE SENATE OF THE UNITED STATES March 30, 2023 Ms. Smith Mr. Braun Committee on Health, Education, Labor, and Pensions A BILL To amend the Federal Food, Drug, and Cosmetic Act with respect to the 180-day exclusivity period. 1. Short title This Act may be cited as the Expanding Access to Low-Cost Generics Act of 2023 2. 180-day exclusivity period (a) In general Section 505(j)(5)(B)(iv) of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 355(j)(5)(B)(iv) (1) in subclause (I)— (A) by inserting and subclause (III) subparagraph (D) (B) by inserting before the period at the end the following: or an applicant whose application was approved pursuant to subclause (III). If an applicant described in subclause (III) is eligible for effective approval on the same day a tentatively approved first applicant who has requested final approval is determined by the Secretary to be eligible for effective approval by meeting all the approval requirements of this subsection, such applicant described in subclause (III) may not receive effective approval until 180 days after the first applicant begins commercial marketing of the drug. (2) by adding at the end the following new subclause: (III) Applicant approval The Secretary may approve an application containing a certification described in paragraph (2)(A)(vii)(IV) that is for a drug for which a first applicant has submitted an application containing such a certification, notwithstanding the eligibility of a first applicant for the 180-day exclusivity period described in subclause (II)(aa), if each of the following conditions is met: (aa) The approval of such application could be made effective, but for the eligibility of a first applicant for 180-day exclusivity under this clause. (bb) The applicant of such application has submitted a certification to the abbreviated new drug application that there are no conditions that would prevent the applicant from commercial marketing within 75 days after the date of approval and that the applicant intends to so market the drug. (cc) At least 33 months have passed since the date of submission of an application for the drug by at least one first applicant. (dd) Approval of an application for the drug submitted by at least one first applicant is not precluded under clause (iii). (ee) No application for the drug submitted by any first applicant is effectively approved on the date that the conditions under items (aa), (bb), (cc), and (dd) are all met and maintained. . (b) Special approval status rule for certain subsequent applicants Section 505(j)(5)(D) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355 (j)(5)(D)) is amended at the end by adding the following: (v) Special approval status rule for certain subsequent applicants An application that is approved pursuant to subclause (III) of subparagraph (B)(iv) is deemed to be tentatively approved and to no longer have an effective approval pursuant to such subclause (III) on the date that is 76 days after the date on which the approval has been made effective pursuant to such subclause (III) if the applicant fails to commercially market such drug within the 75-day period after the date on which the approval is made effective. If the applicant of an application approved pursuant to such subclause (III) submits a notification that it can no longer commence commercial marketing within 75 days after the date of approval, as required under subparagraph (B)(iv)(III)(bb), its application is deemed to be tentatively approved and to no longer be effectively approved on the date that such a notification is received. If an applicant does not commence commercial marketing within the 75-day period, it shall not be eligible for a subsequent effective approval for the application under subclause (III) of subparagraph (B)(iv) unless, in addition to meeting each of the conditions in such subclause (III), it submits a certification to its abbreviated new drug application that an event that could not have been reasonably foreseen by the applicant prevented it from commencing commercial marketing and that it has fully resolved this issue. The applicant shall submit notification to the abbreviated new drug application confirming that such applicant has commenced commercial marketing of the drug not later than one business day after commencing such marketing. . (c) Applicability The amendments made by subsections (a) and (b) shall apply only with respect to an application filed under section 505(j) of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 355(j) | Expanding Access to Low-Cost Generics Act of 2023 |
EMS Counts Act of 2023 This bill requires the Department of Labor to revise the broad description under the occupational series 33-2011 Firefighters of the 2018 Standard Occupational Classification System of the Bureau of Labor Statistics to include the following detailed occupations: Firefighters; Firefighter/EMTs; Firefighter/Paramedics; and Firefighters, All Other. | 118 S1115 IS: EMS Counts Act of 2023 U.S. Senate 2023-03-30 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 118th CONGRESS 1st Session S. 1115 IN THE SENATE OF THE UNITED STATES March 30, 2023 Mr. Casey Ms. Collins Committee on Health, Education, Labor, and Pensions A BILL To require the Secretary of Labor to revise the Standard Occupational Classification System to accurately count the number of emergency medical services practitioners in the United States. 1. Short title This Act may be cited as the EMS Counts Act of 2023 2. Findings Congress finds the following: (1) Emergency medical services (referred to in this Act as EMS (A) paramedics, emergency medical technicians (referred to in this Act as EMTs (B) volunteer personnel serving in each of the roles described in subparagraph (A). (2) EMS is an integral component of the response capacity of the United States to disasters and public health crises, such as outbreaks of infectious diseases, bombings, mass shootings, earthquakes, tornadoes, and hurricanes. EMS personnel respond to more than 22,000,000 emergency calls each year including strokes, heart attacks, cardiac arrest, and trauma. (3) The Bureau of Labor Statistics compiles information on the number of individuals working in roles across the entire United States workforce. The Bureau of Labor Statistics completes this work by maintaining the Standard Occupational Classification system, which classifies workers and jobs into occupational categories for the purposes of collecting, calculating, analyzing, and disseminating data. (4) The Bureau of Labor Statistics fails to accurately count EMS practitioners because of its failure to include dual-role firefighter/EMTs and firefighter/paramedics in their count of EMS personnel. (5) Accurately counting the EMS workforce is critical for government agencies in determining the needs of EMS agencies and practitioners. These data are also crucial for informing many aspects of policy, including preparedness for natural disasters, public health emergencies, and acts of terrorism. 3. Recognition of dual-role firefighters as EMS practitioners Not later than 120 days after the date of enactment of this Act, the Secretary of Labor shall revise the broad description under the occupational series 33–2011 Firefighters (1) Firefighters. (2) Firefighter/EMTs. (3) Firefighter/Paramedics. (4) Firefighters, All Other. 4. Report to Congress Not later than 270 days after the date of enactment of this Act, the Secretary of Labor shall submit to Congress a report that describes— (1) the actions taken in 2015 to expand the definition 29–2040 Emergency Medical Technicians and Paramedics (2) the implementation of the revisions under section 3. | EMS Counts Act of 2023 |
Background Check Completion Act of 2023 This bill prohibits a licensed gun dealer from transferring a firearm to an unlicensed person prior to the completion of a background check. Current law permits a licensed gun dealer to transfer a firearm to an unlicensed person if a submitted background check remains incomplete after three business days. | 117 S1116 IS: Background Check Completion Act of 2023 U.S. Senate 2023-03-30 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 118th CONGRESS 1st Session S. 1116 IN THE SENATE OF THE UNITED STATES March 30, 2023 Mr. Blumenthal Mrs. Feinstein Mr. Wyden Mr. Coons Mr. Whitehouse Mrs. Gillibrand Ms. Duckworth Mr. Casey Mr. Menendez Mr. Kaine Ms. Warren Ms. Klobuchar Mr. Markey Mr. Padilla Ms. Hirono Mr. Sanders Mr. Van Hollen Mr. Cardin Mr. Durbin Mr. Brown Mr. Heinrich Mr. Booker Ms. Baldwin Committee on the Judiciary A BILL To prohibit firearms dealers from selling a firearm prior to the completion of a background check. 1. Short title This Act may be cited as the Background Check Completion Act of 2023 2. Completion of background checks (a) In general Section 922(t)(1) of title 18, United States Code, is amended— (1) in subparagraph (B)— (A) by striking (i) (B) by striking or and (C) by striking clause (ii); (2) by striking subparagraph (C); and (3) by redesignating subparagraph (D) as subparagraph (C). (b) Technical and conforming amendments (1) Section 12001(a)(3) of the Bipartisan Safer Communities Act ( Public Law 117–159 paragraphs (1)(B) and (2) are repealed, and the provisions of law amended by those paragraphs are restored as if those paragraphs had not been enacted paragraph (2) is repealed, and the provision of law amendment by that paragraph is restored as if that paragraph had not been enacted (2) Section 103(l)(3) of the Brady Handgun Violence Prevention Act ( 34 U.S.C. 40901(l)(3) , but in no case more than 10 business days, | Background Check Completion Act of 2023 |
CHAMPVA Children's Care Protection Act of 2023 This bill provides that a child shall be eligible for medical care under the Civilian Health and Medical Program of the Department of Veterans Affairs (CHAMPVA) until the child's 26th birthday, regardless of the child's marital status. | 118 S1119 IS: CHAMPVA Children's Care Protection Act of 2023 U.S. Senate 2023-03-30 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 118th CONGRESS 1st Session S. 1119 IN THE SENATE OF THE UNITED STATES March 30, 2023 Mr. Brown Mr. Tester Mrs. Murray Mr. Sanders Mr. Blumenthal Mr. Durbin Mr. Casey Mr. Reed Mrs. Gillibrand Ms. Stabenow Ms. Baldwin Committee on Veterans' Affairs A BILL To amend title 38, United States Code, to increase the maximum age for children eligible for medical care under the CHAMPVA program, and for other purposes. 1. Short title This Act may be cited as the CHAMPVA Children's Care Protection Act of 2023 2. Increase of maximum age for children eligible for medical care under champva program (a) Increase Subsection (c) of section 1781 of title 38, United States Code, is amended to read as follows: (c) (1) Notwithstanding clauses (i) and (iii) of section 101(4)(A) of this title and except as provided in paragraph (2), for purposes of this section, a child is eligible for benefits under subsection (a) until the child's 26th birthday, regardless of the child's marital status. (2) This subsection shall not be construed to limit eligibility for benefits under subsection (a) of a child described in section 101(4)(A)(ii) of this title. . (b) Effective date Subsection (c) of such section, as amended by subsection (a), shall apply with respect to medical care provided under such section on or after the date of the enactment of this Act. | CHAMPVA Children's Care Protection Act of 2023 |
Improved Access to Affordable Medications Act This bill modifies provisions relating to the ability of generic drug manufacturers to obtain samples of brand-name drugs for purposes of generic drug development. Under current law, brand-name drug manufacturers must provide sufficient quantities of their products on commercially reasonable, market-based terms to generic drug manufacturers upon request for purposes of generic drug development. Brand-name drug manufacturers are subject to civil actions if they fail to do so. The bill modifies provisions relating to this requirement and the criteria needed for related civil actions, such as specifying that generic drug manufacturers may use certain delivery services to make their requests. Additionally, under current law, generic drug manufacturers must obtain authorization from the Food and Drug Administration (FDA) in order to request sufficient quantities of brand-name drugs that are subject to a Risk Evaluation and Mitigation Strategy (REMS) with elements to ensure safe use (ETASU). The bill requires the FDA to approve an authorization request within 60 days (rather than 120 days), if testing and development does not involve human clinical trials. (The FDA sometimes requires a REMS program for certain drugs with safety risks, which may include restrictions on a drug's distribution through ETASU, such as special requirements for pharmacies that dispense the drug.) The bill also requires brand-name drug manufacturers to post their policies on evaluating and responding to requests from generic drug manufacturers for their products, including relevant contact information and procedures. | 116 S1120 IS: Improved Access to Affordable Medications Act U.S. Senate 2023-03-30 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 118th CONGRESS 1st Session S. 1120 IN THE SENATE OF THE UNITED STATES March 30, 2023 Ms. Hassan Mr. Braun Committee on Health, Education, Labor, and Pensions A BILL To improve the actions available to eligible product developers in the event of delays in receiving covered product for purposes of generic drug or biosimilar biological product development. 1. Short title This Act may be cited as the Improved Access to Affordable Medications Act 2. Amendments to actions for delays of generic drugs and biosimilar biological products Section 610 of division N of the Further Consolidated Appropriations Act, 2020 ( Public Law 116–94 21 U.S.C. 355–2 (1) in subsection (a)— (A) in paragraph (1)(C)— (i) by inserting or contractual terms additional conditions (ii) by inserting by the license holder covered product (B) in paragraph (2)(A)(iii), by striking including any device including any packaging, device, or accessory (C) by redesignating paragraphs (3) through (10) as paragraphs (4) through (11), respectively; (D) by inserting after paragraph (3) the following: (4) the term designated delivery service (A) is available to the general public throughout the United States; (B) records electronically to its database, kept in the regular course of its business, or marks on the cover in which any item referred to in this section is to be delivered, the date on which such item was given to such trade or business for delivery; and (C) provides overnight or 2-day delivery service throughout the United States; ; (E) in paragraph (6), as so redesignated, by inserting including the parent company of such holder covered product (F) in paragraph (11), as so redesignated— (i) in subparagraph (A), in the matter preceding clause (i), by inserting , at any time, conduct testing (ii) in subparagraph (B), by inserting , at any time, fulfill (2) in subsection (b)(2)— (A) in subparagraph (A)(iii)— (i) in the matter preceding subclause (I), by striking a written request to purchase sufficient quantities of the covered product to the license holder, and such request— one or more written requests to purchase sufficient quantities of the covered product to the license holder for the relevant stage of development, and each such request— (ii) in subclause (II), by inserting or by a designated delivery service (B) in subparagraph (B), by amending clause (ii) to read as follows: (ii) Authorization The Secretary shall, by written notice, authorize the eligible product developer to obtain sufficient quantities of an individual covered product subject to a REMS with ETASU for purposes of development and testing— (I) in the case of development and testing that does not involve human clinical trials, not later than 60 days after the date on which a request under clause (i) is received, if the eligible product developer has agreed to comply with any conditions the Secretary determines necessary; or (II) in the case of development and testing that involves human clinical trials, not later than 120 days after the date on which a request under clause (i) is received, if the eligible product developer has— (aa) (AA) submitted protocols, informed consent documents, and informational materials for testing that include protections that provide safety protections comparable to those provided by the REMS for the covered product; or (BB) otherwise satisfied the Secretary that such protections will be provided; and (bb) met any other requirements the Secretary may establish. ; and (3) by adding at the end the following: (h) Samples access policy Not later than 45 days after the date of approval of a covered product, or, in the case of a covered product approved before the date of enactment of the Improved Access to Affordable Medications Act (1) be made public and readily available, such as by posting such policy on a publicly available website; and (2) shall include— (A) contact information for the license holder to facilitate communication about written requests described in subsection (b)(2)(A)(iii); (B) procedures for making such requests; (C) the address to which such requests should be sent; (D) the official license holder for each marketed product; and (E) the named corporate officer who is responsible for receiving such requests. . | Improved Access to Affordable Medications Act |
Prioritizing Medical Countermeasures for National Security Act of 2023 This bill requires the Administration for Strategic Preparedness and Response (ASPR) to establish a list of categories of drugs that may be necessary to address a public health emergency or threat to the Armed Forces in order to facilitate the development of such drugs. Specifically, ASPR must list categories and classes of drugs that may be necessary to prevent or treat diseases or conditions that are caused by chemical, biological, radiological, or nuclear agents and that have the potential to cause a public health emergency that threatens national security, or that may pose a threat to the Armed Forces. ASPR must share the list with interested parties to incentivize development and speed review of relevant drug applications. The Government Accountability Office must report on the bill's effectiveness in encouraging the development of necessary medical countermeasures. | 118 S1122 IS: Prioritizing Medical Countermeasures for National Security Act of 2023 U.S. Senate 2023-03-30 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 118th CONGRESS 1st Session S. 1122 IN THE SENATE OF THE UNITED STATES March 30, 2023 Ms. Ernst Committee on Health, Education, Labor, and Pensions A BILL To improve the program to provide for priority review of human drug applications to encourage treatment for agents that present national security threats. 1. Short title This Act may be cited as the Prioritizing Medical Countermeasures for National Security Act of 2023 2. Extension and expansion of medical countermeasure priority review voucher program (a) Definition of medical countermeasure application Subsection (a)(4) of section 565A of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 360bbb–4a (1) in the paragraph heading, by striking Material threat medical Medical (2) in the matter preceding subparagraph (A), by striking material threat (3) by amending subparagraph (A) to read as follows: (A) is a human drug application for a drug that is— (i) labeled for an indication to prevent or treat a disease or condition specifically caused by a chemical, biological, radiological, or nuclear agent; and (ii) part of a class or category of drug on the list described in subsection (b) at the time of approval of the application. . (b) List of medical countermeasures for national security threats Section 565A of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 360bbb–4a (1) by redesignating subsections (b) through (g) as subsections (c) through (g) and (i), respectively; and (2) by inserting after subsection (a), the following: (b) List of medical countermeasures for national security threats (1) In general The Secretary, acting through the Assistant Secretary of Preparedness and Response, in consultation with the Public Health Emergency Medical Enterprise established under section 2801 of the Public Health Service Act, including the Secretary of Defense, shall establish and maintain a list of potentially eligible classes and categories of drugs that are identified as necessary to prevent or treat the diseases and conditions specifically caused by a chemical, biological, radiological, or nuclear agent that— (A) has the potential to lead to a public health emergency with significant potential to affect national security; or (B) may present a specific threat to the Armed Forces. (2) Factors In establishing and revising the list under paragraph (1), the Secretary may consider— (A) whether an eligible class or category of drugs that is identified is— (i) needed to protect the public health, using the same standard that applies with respect to determinations of material threats under section 319F–2(c)(2)(B)(ii) of the Public Health Service Act; and (ii) determined to be a priority (consistent with sections 302(2) and 304(a) of the Homeland Security Act of 2002); (B) for any class or category of drugs under consideration to address specific threats to the Armed Forces, information provided by the Secretary of Defense to help evaluate whether a priority review voucher is necessary and beneficial to incentivize product development for the Department of Defense use and fielding; (C) whether the class or category of drug requires incentivization in the form a priority review voucher based upon economic factors, such as whether there is a sufficient market to support the development of the potential medical countermeasures and the maturity of the medical countermeasure pipeline; (D) the potential effect of an addition of a class or category of drug on the potential sale value of priority review vouchers; and (E) such other factors as the Secretary determines appropriate. (3) Duties The Secretary, acting through the Assistant Secretary of Preparedness and Response, shall— (A) in coordination with the Assistant Secretary of Defense for Nuclear, Chemical, and Biological Defense Program, disclose to interested priority review applicants the list developed under paragraph (1); (B) periodically review the list developed under paragraph (1) for continued necessity and appropriateness, and add, amend, or remove any classes or categories of drugs if no longer necessary or appropriate; and (C) maintain a publicly available archive of the list over time. (4) Transition period Before the date of the initial publication of the list developed under paragraph (1), the most recent priority list developed under this section before the date of enactment of the Prioritizing Medical Countermeasures for National Security Act of 2023 . (c) GAO report Section 565A of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 360bbb–4a (h) GAO report (1) In general Not later than September 30, 2027, the Comptroller General of the United States shall transmit to Congress a report on the effectiveness of this section in encouraging the development of the medical countermeasures needed to protect and prepare for emerging threats to public health and national security. (2) Contents The report shall include— (A) input from the Secretary of Defense and the Secretary of Health and Human Services; and (B) recommendations of the Comptroller General of the United States, if any, on necessary modifications to this section. . (d) Sunset Subsection (i) of such section, as redesignated by subsection (b)(1) of this section, is amended— (1) by striking subsection (b) subsection (c) (2) by striking October 1, 2023 October 1, 2029 (e) Conforming amendments To remove references to material threats Section 565A of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 360bbb–4a material threat (1) subsection (a)(3); (2) paragraphs (1) and (2) of subsection (c), as redesignated by subsection (b)(1); and (3) subsection (f), as so redesignated. | Prioritizing Medical Countermeasures for National Security Act of 2023 |
Guardianship Grant Flexibility Act This bill allows recipients of demonstration grants for preventing and detecting elder abuse to use the grants for state court programs that use clinics supervised by a licensed attorney to recruit and train law students to represent individuals in guardianship cases and serve as guardians ad litem. (Guardians ad litem are court-appointed representatives for individuals who are unable to represent their own interests, typically because they are minors or declared legally incompetent.) | 118 S1126 IS: Guardianship Grant Flexibility Act U.S. Senate 2023-03-30 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 118th CONGRESS 1st Session S. 1126 IN THE SENATE OF THE UNITED STATES March 30, 2023 Mr. Braun Mr. Casey Committee on Finance A BILL To amend title XX of the Social Security Act to expand the activities authorized under adult protective services demonstration grants. 1. Short title This Act may be cited as the Guardianship Grant Flexibility Act 2. Expanding activities authorized under adult protective services demonstration grants Section 2042(c)(2) of the Social Security Act ( 42 U.S.C. 1397m–1(c)(2) (1) in subparagraph (E), by striking or (2) by redesignating subparagraph (F) as subparagraph (G); and (3) by inserting after subparagraph (E) the following new subparagraph: (F) State court programs for recruiting and training law students through clinics supervised by a licensed attorney to provide representation for respondents in guardianship cases, and to serve as guardians ad litem; or . | Guardianship Grant Flexibility Act |
Ensuring Access to Generic Medications Act This bill authorizes an applicant seeking Food and Drug Administration (FDA) approval for a generic drug (or biosimilar product) to sue to correct or delete patent information provided by the maker of the reference drug (or reference biological product). Typically, a generic drug is a lower-cost version of a reference drug that gets introduced after the patents covering a reference drug have expired. When the maker of the reference drug first applies for FDA approval to sell the drug, the maker must provide various information to the FDA about the patents that it believes cover the drug, including in the form of use codes that describe any methods of using the drug that the reference drug maker believes are covered by a patent. Use code information is publicly available and is intended to help inform generic drug makers about the patents that may be covering the reference drug. The FDA has stated that overbroad or ambiguous use codes may delay approval of generic drugs. Under this bill, an applicant seeking FDA approval for a generic drug may sue for an order requiring the applicable reference drug maker to correct or delete use code information that is overly broad or inaccurate, such as a use code that does not correspond to a patent claiming an FDA-approved method of using the reference drug. | 118 S1128 IS: Ensuring Access to Generic Medications Act U.S. Senate 2023-03-30 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 118th CONGRESS 1st Session S. 1128 IN THE SENATE OF THE UNITED STATES March 30, 2023 Ms. Hassan Mr. Braun Committee on Health, Education, Labor, and Pensions A BILL To establish special rules relating to information provided with respect to drug applications concerning method of use patents. 1. Short title This Act may be cited as the Ensuring Access to Generic Medications Act 2. Special rules relating to method of use patents Section 505 of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 355 (z) Cause of action relating to drug use codes (1) In general In the case of an application under subsection (b)(2) or (j) of this section or section 351(k) of the Public Health Service Act with respect to which the applicant seeking approval includes in the application a statement that a patent claiming a method of use does not claim a use for the drug that is the subject of such application, as described in subsection (b)(2)(B) or (j)(2)(A)(viii), or in the case of an application under such section 351(k), as otherwise required by the Secretary, the sponsor of the application under subsection (b)(2) or (j) or such section 351(k) described in paragraph (2) may file a civil action in an appropriate district court of the United States against the holder of the approved application for the applicable reference drug or reference product seeking a court order requiring the holder to correct or delete information relating to a use code submitted by the holder of the reference drug or reference product with respect to such patent claiming a method of use, on the ground that such use code— (A) does not correspond to a patent that claims the reference drug or reference product for which the application was approved; (B) does not correspond to a patent that claims an approved method of using the reference drug or reference product; or (C) is overly broad or otherwise inaccurate or inappropriate. (2) Rule of construction Nothing in this subsection shall be construed to affect the application of subsection (j)(5)(C)(ii). (3) Definition For purposes of paragraph (1), the term use code . | Ensuring Access to Generic Medications Act |